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Home My WebLink AboutCC January 3, 1995 ~ P PY-Dve.d \111 \q5 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - January 3, 199$ Call to Order - 7:00 p.m. Swearing In Ceremony Resident Forum Agenda Approval Consent Agenda Approval of Minutes Organizational Items 1. Appoint Acting Mayor 2. Designate Official Newspaper 3. Approve Officials' Bonds 4. Approve Treasurer's Payment Authority 5. Approve Treasurer's Authority to Wire Transfer Funds 6. Authorize Official Banks and Depositories 7. Appoint Standing Committees 8. Appoint Commission Members and Chairs 9. Appoint Park and Recreation Commission Members and Chair 10. Appoint Council Representative/Anoka County HRA Discussion Items II. Special Use Permit/Home Occupation/2439 S. Coon Creek Dr./Paddock EDA Meeting 12. Authorize Official Banks and Depositories 13. Greenwood Graphics Staff, Committees, Commissions 14. Fire Chief and Finance Director Update Non-Discussion/Consent Items 15. Approve Revised Grading plan/Foxberry Farms Mayor/Council Input Payment of Claims Adjournment - .- . - - .. i I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 3, 1995 TABLE OF CONTENTS SWEARING-IN CEREMONY · · · · · · · · · · · · · · · · · · · · · · 1 RESIDENT FORUM · · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 APPOINT ACTING MAYOR (DOn Jacobson) · · · · · · · · · · · · · · · 2 ORGANIZATIONAL ITEMS Designate Anoka County Union as official newspaper · · · · · 2 Renew Officials' Bonds, Fidelity Bond #51,78447 · · · · · · · 2 Resolution ROOl-95 revising authority of Treasurer to pay claims up to $10,000 per vendor · · · · · · · · · · · · · 2 Resolution R002-95 authorizing Treasurer to wire transfer funds 2 Resolution R003-95 designating depositories of City funds and supplemental depositories · · · · · · · · · · · · · · · · 2 APPOINT STANDING COMMITTEES · · · · · · · · · · · · · · · · · · · 3 APPOINT COMMISSION MEMBERS AND CHAIRS Planning Commission (table to January 17) . · · · · · · · · · 3 Motion to reappoint Tree Commission Members (Mike Click, Harold Sullivan, Brian Lubbers, Dave Parent) · · · · · · 3 Motion to reappoint Equestrian Council (Carol Almeida, Don Eveland, Corrine Smith) · · · · · · · · · · · · · · · 3 APPOINT PARK AND RECREATION COMMISSION MEMBERS AND CHAIR Motion to reappoint Tom Anderson, Jeff Kieffer, Al Grabowski, and name Tom Anderson as Chair · · · · · · · · · · · · · 4 APPOINT COUNCIL REPRESENTATIVE/ANOKA COUNTY HRA Motion to appoint Dave Carlberg · · · · · · · · · · · · · · · 4 SPECIAL USE PERMIT/HOME OCCUPATION/2439 SOUTH COON CREEK DRIVE Resolution R004-95 approving Special Use Permit (R. Paddock) 4 FIRE CHIEF AND FINANCE DIRECTOR UPDATE · · · · · · · · · · · · · 5 REVISED GRADING PLAN/FOXBERRY FARMS · · · · · · · · · · · · · · · 5 Motion to table and request developer and/or developer's engineer to provide written explanation · · · · · · · · · 6 MAYOR/COUNCIL INPUT Sharing services with other cities · · · · · · · · · · · · · 6 Neighborhood Crime Watch · · · · · · · · · · · · · · · · · · 6 Planned growth · · · · · · · · · · · · · · · · · · · · · · · 6 Agenda packets · · · · · · · · · · · · · · · · · · · · · · · 7 League of Minnesota Cities work shop · · · · · · · · · · · · 7 Metropolitan Council update · · · · · · · · · · · · · · · · · 7 Motion to direct Planning Commission to proceed with developing a plan or proposal for planned growth · · · 8 Speciôl election on liquor · · · · · · · · · · · · · · · · · 8 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 8 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 8 -- ._-_.~ ------ ------ I , :;~iC"";'''OC;''''''" ? "'~ CITY of ANDOVER '\ .L,P' 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ".... .; REGULAR CITY COUNCIL MEETING - JANUARY 3, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on January 3, 1995, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others SWEARING-IN CEREMONY Attorney Hawkins conducted the swearing-in ceremony for the following: Jack McKelvey as Mayor, Bonnie Dehn as Councilmember, John Kunza as Councilmember. RESIDENT FORUM Carroll Abbott, 2917 142nd Lane NW - congratulated the newly elected officials. He then addressed the Council on taking action which angers the residents, referring to the very angry residents to the point of potential violence at the Planning and Zoning Commission hearing in November on proposed ordinance amendments. He stated the people were saying at the polls in the November election that they wanted less government interference, not to make people as angry as they were at that hearing. He understood the position of the Code Enforcement Officer was to handle complaints, but then some on the Council directed him to look for violations. Mr. Abbott felt rather than pay a Code Enforcement officer, that money should be spent elsewhere, specifically mentioning the need for additional police enforcement and a revitalization of the Neighborhood Crime Watch. He was the Key Coordinator for his neighborhood and continues to supply information to new people who move in. He hoped the Council would look closely at the budget in the coming year, noting there is not much to work with. People can move out if they don't like what the City is doing, but someone else moves in; so it doesn't affect the Council. Referencing the hearing to be held by the Planning Commission on snowmobiles, he stated snowmobilers simply ride over the lawns of others without regard for property rights. Mayor McKelvey stated in the January newsletter he is asking for resident volunteers to serve on a committee to review the ordinance as he had promised at that November Planning Commission hearing. He has also talked with the new county Sheriff, who has agreed to try to get the Crime Watch program going again. He also encouraged residents who have a concern with snowmobiles in the City to attend the hearing on that issue. ~~ M.~- ~"1II'ì'lÇ Regular Andover City Council Meeting Minutes - January 3, 1995 Page 2 (Resident Forum, Continued) David Heidelberqer, no address - stated five years age he offered to sell his property to the City, and the City Administrator stated there was no money to purchase it. He has had five offers since then; but when they contacted the City, they either did not wish to speak to him again or withdrew their offers. He offered to sell his land to the City to set up a recycling center and was supposed to get a letter of intent by November 11 to take care of the deal. The letter from the City never came. He took options on machinery in various parts of the country, and then he lost the deal in Iowa. He figures it has cost him about $200,000 in the next four years, which no one will reimburse him for. He is out of patience and stated the deal has to be finalized shortly. He also asked that the City deal with him directly, not with another attorney. Mayor McKelvey stated the City is working very hard on this, though he does not have an answer tonight. He hoped this can be resolved shortly. AGENDA APPROVAL Remove Item 15 from Non-Discussion and add to the Discussion items. MOTION by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES December 20, 1994, Regular Meeting: Correct as written. MOTION by Jacobson, Seconded by Knight, the Minutes as presented. Motion carried unanimously. APPOINT ACTING MAYOR Mayor McKelvey recommended Don Jacobson be appointed the Acting Mayor. MOTION by Knight, Seconded by Dehn, to so move. Motion carried unanimously. DESIGNATE OFFICIAL NEWSPAPER; APPROVE OFFICIALS' BONDS; APPROVE TREASURER'S PAYMENT AUTHORITY; APPROVE TREASURER'S AUTHORITY TO WIRE TRANSFER FUNDS; AUTHORIZE OFFICIAL BANKS AND DEPOSITORIES MOTION by Jacobson, Seconded by Dehn, to approve in the affirmative Items Number 2 (designate Anoka County Union as official newspaper), 3 (renewal of Fidelity Bond, #51-78447), 4 (Treasurer's payment authority increased to $10,000 per vendor), 5 (Treasurer's authority to wire transfer funds), and 6 (approve official depositories and banks). (See Resolution ROOI-95 revising authority of the Treasurer to pay claims; Resolution R002-95 authorizing Treasurer to wire transfer funds; and Resolution R003-95 designating depositories of City funds and supplemental depositories) Motion carried unanimously. ..._--...- Regular Andover City Council Meeting Minutes - January 3, 1995 Page 3 APPOINT STANDING COMMITTEES Mayor McKelvey recommending the following appointments to the standing/special committees for 1995: Road Committee - Mike Knight, Chair John Kunza Economic Development Committee - Jack McKelvey, Chair John Kunza Public Safety Committee - Don Jacobson, Chair Jack McKelvey Personnel Committee - Mike Knight, Chair Bonnie Dehn Environmental Committee - Bonnie Dehn, Chair Don Jacobson MOTION by Dehn, Seconded by Knight, to approve the appointees as presented. Motion carried unanimously. APPOINT COMMISSION MEMBERS AND CHAIRS Planning and Zoning Commission appointments - Mr. Carlberg explained the terms for Jay Squires and Maynard Apel expired on December 31, 1994; and both have asked to be reappointed. In addition, there are two vacancies left by Bonnie Dehn and Becky Pease; and the City has received four applications. The vacancies were not advertised at this time as the applications are quite recent. Both the Mayor and Ms. Dehn stated they have received calls from residents expressing an interest in serving on the Commission. After some discussion, it was agreed Staff should advertise the vacancies, with the Council addressing the item again at the January 17, 1995, meeting. Mayor McKelvey suggested Jay Squires be reappointed as the Chair of the Planning and Zoning Commission. It has been the practice in the past to rotate the Chair every two years, and Mr. Squires has served only one year. He would also recommend Mr. Squires and Mr. Apel be reappointed. Councilmember Dehn felt, in working with both gentlemen, that they are very valuable assets to the City. Rather than make any appointments at this time, the Council agreed to table the item to the January 17 meeting and act on all vacancies as the same time. Tree Commission appointments - Four applicants requesting renewal. MOTION by Jacobson, Seconded by Knight, to reappointed the Tree Commission members: Mike Click and Harold Sullivan, terms to expire on 12-31-95; and Brian Lubbers and Dave Parent, terms to expire on 12-31- 96. Motion carried unanimously. Equestrian Council - Applicants Carol Almeida, Don Eveland and Corrine , Smith requested reappointment for two-year terms expiring 1996. MOTION by Knight, Seconded by Dehn, the reappointment of the three listed. Motion carried unanimously. - 0_- ~ ~~_ I I Regular Andover City Council Meeting Minutes - January 3, 1995 Page 4 APPOINT PARK AND RECREATION COMMISSION MEMBERS AND CHAIR Tom Anderson, Jeff Kieffer and Al Grabowski requested reappointment. MOTION by Jacobson, Seconded by Dehn, to appoint the Park Commission members for another term and name Tom Anderson to be the Chair for 1995. Motion carried unanimously. APPOINT COUNCIL REPRESENTATIVE/ANOKA COUNTY HRA Councilmember Knight indicated a willingness to serve; however, he would not be able to attend meetings during the day. Mr. Carlberg stated the first meeting is tomorrow morning at 8 a.m. in Spring Lake Park. He offered to attend that meeting and find out how often they will meet and at what time. The Council then asked that that information be brought back at the January 17 meeting to consider the item again. MOTION by Jacobson, Seconded by Dehn, that the City Council appoint Dave Carlberg to represent the City on the HRA subcommittee. Motion carried unanimously. SPECIAL USE PERMIT/HOME OCCUPATION/2439 SOUTH COON CREEK DRIVE/PADDOCK Mr. Carlberg reviewed the request of Robert Paddock for a Special Use Permit to operate a home occupation in an accessory structure at 2439 South Coon Creek Drive NW. Mr. Paddock wishes to build fireplace surrounds and cabinetry. The Planning Commission has recommended approval with conditions. Several other similar Permits have been approved in the last three to four years. The Commission has also asked for direction on amending the ordinance to specifically include woodworking and cabinetry rather than include the use under "other similar uses". Robert Paddock - stated he has a purchase agreement on the property contingent upon the approval of this Permit. The accessory building is already on the property, and he is aware of the 800-square-foot requirement. Mr. Carlberg also noted the conditions noted in the Resolution are ordinance requirements. He believed the 3-acre requirement is because that is the minimum acreage allowed for pole buildings. This parcel is about 5 1/2 acres. MOTION by Jacobson, Seconded by Knight, the Resolution granting the Special Use Permit. (See Resolution R004-95) Motion carried unanimously. In discussing the request of the Commission to clarify the ordinance, Councilmember Jacobson felt it is the commission who should look at it and make a recommendation to the Council, rather than the Council directing them to make a change. The Commission had looked at the Home Occupation Ordinance a year or so ago and recommended no change. If they wish to look at it again, he thought they should do so. Mr. Carlberg stated Staff will bring it back to the Commission to review again. ---- - ------- Regular Andover City Council Meeting Minutes - January 3, 1995 Page 5 The meeting was recessed at 7: 42 p.m. to convene the EDA meeting; reconvened at 7:55 p.m. FIRE CHIEF AND FINANCE DIRECTOR UPDATE Finance Director - Mr. Fursman reported the deadline for applications for the Finance Director was December 30, 1994. They have received 38 applications. He has recommended that he and Mr. Sulander screen the applications and present the Council with four to five applicants to interview. He also asked that he meet with the Council about 15 minutes before the interviews begin to discuss the questions to be asked of the applicants. The Council agreed to that procedure and agreed to interview the candidates at a special meeting to be held on Thursday, January 12, 6:45 p.m. Fire Chief - Mr. Fursman explained the deadline for applications for the Fire Chief is January 9, 1995. Two members of the Fire Department have been appointed by the Fire Department personnel to represent them in the screening process. Both he and Mr. Sulander will also be screening them. Councilmember Jacobson pointed out the Personnel committee had agreed to have the Mayor sit in as the fifth person on the screening committee. Mayor McKelvey stated he may have a conflict of interest. Mr. Fursman noted there has been discussions of inviting a fire chief from the surrounding area to look at the applications and help screen for qualifications. The Committee would screen the applications and bring four or five candidates to the Council for another interview. Because one of the firefighters on the committee will be on vacation, it is not known just when the screening of the applications can be done. He suggested no time be scheduled for the Council interview until January 17 when he will know more about the progress of the screening committee. The Council agreed. APPROVE REVISED GRADING PLAN/FOXBERRY FARMS Mr. Erickson explained the developers of Foxberry Farms have requested approval of a revised grading/drainage and erosion control plan to change the grade of the streets at 141st Lane NW at Eagle Street NW and at 141st Lane and Drake Street NW. This does not impact the other area where revisions have been made to the grading plan. Councilmember Jacobson had serious reservations about the request. He questioned why the Staff and consulting engineers go through the process of reviewing the original grading plans only to have major revisions made afterward. He understood there will be changes, but this is the third major adjustment. Each change impacts the time of the Staff and TKDA, even though he understood that the developer pays for all costs, as well as the underground utilities. The Council also questioned the reason for the change, as the letter from the developer's engineer was not in their packets. Mr. Erickson explained the reason for the change is the dirt on site did not balance, so they are proposing to raise the street grade. He thought the other option would be to export the material from the site to some other location. -- - --- - - ---- - -" - - ._- - Regular Andover City Council Meeting Minutes - January 3, 1995 Page 6 (Approve Revised Grading Plan/Foxberry Farms, Continued) Mr. Fursman thought the changes and controls being proposed in the development process will alleviate these types of problems in the future, as there should be a lot more quality in the developments before they get to the Council. Mr. Erickson stated he did not talk with the developer's engineer, only with TKDA¡ but it is not unusual to modify , the grading plan two to three times during the construction process. So far the change has been on paper, as no utilities have been installed yet. The elevation of the utilities mayor may not be affected by the proposed grade change. That must be reviewed. He stated the proposed change will not impact the drainage. Elevations on the yards will need to be graded accordingly. With these major changes, Councilmember Jacobson was getting the indication that the developer's engineers are careless; and the concern is the City is left with problems once the development is finished. He suggested the developer's engineers be asked to provide a full written explanation of why they have had so many major changes and the options if this change order is not approved; then discuss the issue again at the January 17 regular meeting. Mr. Erickson agreed to pass the Council's concerns to the developer's engineers and ask them to write a detailed report on why the changes are necessary and what the options are. Winslow Holasek - stated there were changes made in his first addition because of mistakes made by his engineer. For the other additions he had a different engineer who did it right. He didn't understand how major mistakes could be made because it is surveyed. MOTION by Jacobson, Seconded by Dehn, that we take this item and hold it over to the next Council meeting and request that the developer and/or developer's engineer supply to the City in writing the reason for the major changes requested of the grading plan. Motion carried unanimously. MAYOR/COUNCIL INPUT Sharing Services with Other Ci ti es - Councilmember Knight stated he hasn't heard anything further on his suggestion to explore shared services with neighboring cities. He'd like to see the City start moving to explore that. Neighborhood Crime Watch - Councilmember Knight felt the Neighborhood Crime Watch program was tremendously worthwhile and suggested the Council move to revitalize it. Mayor McKelvey noted the lack of cooperation for this program by the former Sheriff. He will be working closely in the next few months with the newly installed Sheriff, and he hoped this is one area that will be emphasized. Planned Growth - Councilmember Knight noted the Council has talked about getting the mechanics in place to deal with the growth of the City, but .- --.-- - ._~--- . -~- I Regular Andover City Council Meeting Minutes - January 3, 1995 Page 7 (Mayor/Council Input, Continued) little has been done. The City cannot afford the services required, as growth is outstripping the ability to provide those services. He'd like to see progress made in this effort. Councilmember Jacobson agreed, noting the Planning Commission was directed to hold hearings on ordinance changes to address the "externalities" resulting from development. The Commission has not yet dealt with that issue. He suggested the Commission be asked to do so and report back in about three months. (There was more discussion on this item later in the evening. ) Agenda Packets - Because of the large volume of papers in every Council agenda packet, plus the cost of copying and collating them, Councilmember Jacobson suggested Staff research the possibility and costs of supplying each Councilmember with a small portable computer. Then the information for each meeting can be placed on a disk and read by each Councilmember at home on the computer. If a hard copy is desired, the Councilmember can print just that page. Mr. Fursman acknowledged the City goes through a ton of paper and noted it wouldn't take long to research that possibility. He will report back when he has some data. League of Minnesota Cities Work Shop - Mr. Fursman highly recommended the new Councilmembers attend the League of Minnesota Cities Workshop and also suggested the other Councilmembers attend as a refresher. Metropolitan Council Update - Mr. Fursman noted the communication received from the Metropolitan Council Staff that they would recommend approval of the extension of sewer to the proposed junior high school and addition to the Andover Elementary School as well as the county's proposed Sheriff's Substation. They are adamant, however, about no future extension of the City's MUSA for residential development until the City requires biennial inspections of on-site septic systems. If that is approved by the Council, the City would receive over 1,000 acres of MUSA extension for immediate residential development. He noted that Lino Lakes has adopted a policy of one residential unit per ten acres of land, or 4 for 40; and they do receive their MUSA extension requests. As long as Andover has 2 1/2-acre developments, the Metropolitan Council will require on-site septic system inspections be mandated. They are also insistent that it be septic system inspections, not pumping. Council discussion noted the inspections appear to be just a leverage on the size of rural developments. They reiterated an earlier position of not wanting to mandate the inspections because of the difficulties and costs caused to both Staff and the residents. councilmember Jacobson suggested the Staff look at all the available land in the rural area and compare the results if developed in 2 1/2 acre lots or one for every ten acres. Councilmember Knight also thought this may be a part of the debate on controlling growth. Mr. Fursman stated once the MUSA extension is received, the City would have to control how much would be developed each year. He thought there are enough developed lots for a year. .--- -.-- ~ - .---- ---- , ( Regular Andover City Council Meeting Minutes - January 3, 1995 Page 8 (Mayor/Council Input, Continued) MOTION by Knight, Seconded by Jacobson, that we direct the Planning and Zoning Commission to proceed with the developing of a plan or proposal for planned growth for the City for the next 10 to 15 years; and to get something back to us by the end of March as to direction or preliminary work. DISCUSSION: Councilmember Jacobson thought the Comprehensive Plan addresses some of that. His idea was to address the external affects of development and consider assigning those costs to the , platting process. That way, when a new plat comes in, the number of children affecting the schools would be known. Sealcoating for the roads would be addressed, as well as how much of an increase is needed for police and fire protection. Councilmember Knight wanted to address how big does the City want to get and how much can it afford. He realized all of this cannot be addressed in three months, but he'd like a preliminary progress report. His intent is to get the process started. Further discussion noted if a change in development in the rural area to 4 for 40 is implemented, it would require a change to the Comprehensive Plan; however, that Plan has never been approved by the Metropolitan Council. There was some concern that the State legislature will reduce its aid to the cities and counties, which will add to the difficulty of maintaining services. Council asked to be notified when the Planning Commission will be discussing this item so they can attend if they choose. Motion carried unanimously. Special Election on Liquor - Mayor McKelvey reported Mr. Povlitzki agreed to pay the costs to hold a special election on February 7, 1995, relating to the serving of liquor on Sundays. APPROVAL OF CLAIMS , MOTION by Jacobson, Seconded by Dehn, the Claims for tonight in the amount of $130,896.10 as presented by Staff. Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 9:11 p.m. Respectfully submitted, ~~~- Marc 11a A. Peach Recording Secretary , -. ~--~~.-- --.---.,.-