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HomeMy WebLinkAboutCC November 21, 1995 -- , CITY of ANDOVER . Regular City council Meeting - November 21. 1995 Call to Order - 7:00 pm -q Resident Forum .. Agenda Approval- -- Consent Agenda -- "._-, - - Approval of Minutes Proclamation/Home Care week Discussion Items -- - -. -. . -- - -- - .. - p-- ~ --" l. Adopt 7 Year Cycle Sealcoat Program 2. WDE Contract 3-.--Liveable Communities- Act .. - ~ - 4. Externalities Discussion 5. Review 1996 r.Ane!al Fund Budget -- - - - EDA MeeÜnQ .. 6. Purchase of Andover Auto Parts 7. Expand EDA -Staff. -Committees-.--Commissions- --=-: ---"~ - . 8. Purchase Motor Grader 9r 1996 License-Renewals- .- -- Non-Discussion/Consent Items _.-- 10. 1995 Budget Revisions 11. Final Payment/95-13/Park Trails . ·12 .·--Appr--ove-0u0t.es/93-hi'Ce i 1 i ng.-:T i 1 es Mayor/Council Input "-~' - -. - -- -. .. -.- Payment of Claims -Ad-journment ..-' ..- -. ..-- .- -- . -. ----- . - ._- ------ --- __u ~ - -.-.- --., - . ... .- - .., . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 21, 1995 TABLE OF CONTENTS RESIDENT FORUM · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA 1995 Budget Revisions · · · · · · · · · · · · · · · 1 Resolution R252-95 approving final payment/IP95-13/Park Trails 1 Approve quote/IP93-7/Ceiling Tiles (Reinke Wholesale/$1,327.14) 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · 1 PROCLAMATION/HOME CARE WEEK . · · · · · · · · · · · 2 SEVEN-YEAR CYCLE SEALCOAT PROGRAM Motion to approve · · · · · · · · · · · · · · · · 2 WDE CONTRACT · · · · · · · · · · · · · · 2 Motion to approve · · · · · · · · · · · · · · · 3 LIVEABLE COMMUNITIES ACT Motion to not participate · · · · · · · · · · · · · 4 REVIEW 1996 GENERAL FUND BUDGET . · · · · · · · · 5 PURCHASE MOTOR GRADER Motion to purchase grader (Midwest Machinery/$133,204.59) · 6 1996 LICENSE RENEWALS Motion to approve · · · · · · · · · · · · · · · · · · 6 EXTERNALITIES DISCUSSION (Special Meeting December 6) · · · · · 6 MAYOR/COUNCIL INPUT Neighborhood Crime Watch · · · · · · · · · · · · · · 7 Traffic Study in Woodland Terrace · · · · · · · · 7 Public Hearing Notices in the Paper · · · · · · · · · · 7 Task Force on the Definition of Family · · · · · · · · · 7 Metropolitan Council action . . . . . .. . · · · · · 7 MSA designation to upgrade Bunker Lake Boulevard · · 7 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · 7 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · 7 . ··4 . . . _ ~ - -.- ~ 01 ANDOVER 1685 Crosstown Blvd. NW. . Anoka, Minnesota 55303 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 21, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on November 21, 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 Finance Director, Jean McGann City Administrator, Richard Fursman Others RESIDENT FORUM Carroll Abbott. 2917 142nd Lane - thanked the Council and those responsible for removing the stop signs at Crocus and at 141st. They have been trying to get the one sign removed for 20 years and the other one for about ten years. AGENDA APPROVAL Add Item 7a, Best Auto Parts. MOTION by Jacobson, Seconded by Dehn, approval of the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 10 1995 Budget Revisions Item 11 Final Payment/IP95-13/Park Trails (See Resolution R252- 95) Item 12 Approve Quotes/IP93-7/Ceiling Tiles (To Reinke Wholesale for $1,327.14) MOTION by Jacobson, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES November 7, 1995, Regular Meeting: Correct as written. November 7, 1995, Special Closed Meeting: Correct as written. MOTION by Knight, Seconded by Kunza, approval of both sets of Minutes. Motion carried on a 4-Yes, I-Present (Jacobson) vote. ...... Regular Andover City Council Meeting Minutes - November 21, 1995 Page 2 PROCLAMATION/HOME CARE WEEK Mayor McKelvey read the proclamation declaring November, 1995, as Home Care Month. Bob Loftus - noted 35 to 40 people from Andover work for his agency, and he thanked the City on their behalf for recognizing the important service they perform. Because of their service, many are able to live at home. He reminded the community that they are here and their services are available. He also noted their open house on November 30 and invited all to attend. ADOPT SEVEN-YEAR CYCLE SEALCOAT PROGRAM Mr. Erickson reviewed the proposed seven-year cycle sealcoat program. The City would be divided into seven equal districts. Each year one district would be sealcoated; so by the end of the seventh year, all of the bituminous streets in the City would have been sealcoated once. The cycle would be started over again on the eighth year. The budget for 1996 is very close to what will be needed to sealcoat the first district. That includes both sealcoating and crack sealing. MOTION by Jacobson, Seconded by Dehn, that the Council does adopt a Seven-Year Crack Sealing and Sealcoating Program for the City as outlined by the Staff. DISCUSSION: Councilmember Jacobson noted this just adopts the policy. Staff must still get approval for the budget amount each year. Motion carried unanimously. WVE CONTRACT Mr. Fursman explained the Council is asked to consider the modification of the Access Agreement between the City and the WDE Site responsible party. The MPCA will assume responsibility for the site in 1996. At the November 7 meeting, the Council questioned the condition that the building code be modified to reflect the implementation of controls to protect occupants in buildings constructed within 500 feet of the landfill from infiltration of landfill gases. Research has shown that the City did not adopt specific ordinances; however, the Building Official, under the direction of the City Administrator, has taken steps to insure the health and safety of future occupants of homes in potentially harmful areas surrounding the landfill. The State is requiring that the City now adopt the ordinances to reflect what has already been done in practice. Councilmember Jacobson questioned Section 8 on Page 3 of the Recitals. There was a grading plan that was agreed upon by all parties. Does this section mean there will be some regrading? He was concerned about any ponding that might develop on the site if it is regraded. Eric Beck. Attornev General's Office - didn't think there was any substantive change between the original agreement and this one. Regular Andover City Council Meeting Minutes - November 21, 1995 Page 3 (WDE Contract, Continued) Jean Hanson. MPCA - stated they do not intend to do any additional grading. She thought the language was a carry-over from the original agreement to be consistent. There are two areas that are washed out that may possibly need additional fill, but there will be no major regrading. Councilmember Jacobson stated in Section 12 of Page 3 of the Recitals, the reference is to line G on Figure A. He did not find a line G on Figure A. Mr. Beck - had an enlarged map which does have a line G. Councilmember Jacobson understood the dates on Page 4 of the Recitals had been renegotiated by Staff. Mr. Beck - stated that is correct. The December 15, 1995 date under Section 13 should state February 1, 1996. The January 15, 1996, date under Section 16 should state March 1, 1996. Mayor McKelvey asked how this affects the homes that were build around the landfill prior to this agree¡nent. Mr. Beck - stated the building code would apply to buildings to be constructed. Bill HuPP. Andover Boulevard - asked if the same restrictions would apply to the land north of the creek. In talking to the MPCA, they indicated there wouldn't be any restrictions there because the creek would be a natural barrier. Mr. Beck - understood the creek is a barrier to the migration of landfill gases; therefore, the restrictions would not apply to the area north of the creek. There will be controls to the water wells which would apply to the area north of the creek. Ms. Hanson - stated those controls to wells would be both in the upper and lower aquifers. MOTION by Jacobson, Seconded by Kunza, that the Council approve a Letter of Modification, Assignment and Termination of Access Agreement between the City of Andover and the WDE PRP Group dated February 5, 1993, as presented in the Recitals with one change which appears on Page 4 of the Recitals. Under Item 13, the date of December 15, 1995, is changed to February 1, 1996; and under Section 16, the date of January 15, 1996, is changed to March 1, 1996. Motion carried unanimously. Mr. Fursman stated Staff will bring to the Council the modifications to the ordinance that will reflect the necessary changes. Once those modifications are adopted, there will be a check forthcoming to the City for $164,000 as a part of the original agreement. ...,. . . - - -'- Regular Andover Ci ty Council Meeting Minutes - November 21, 1995 Page 4 LIVEABLE COMMUNITIES ACT Mr. Fursman stated Councilmember Dehn and Mayor McKelvey have requested the item be reconsidered. He reviewed a Resolution with added paragraphs outlining the concerns the City has with the program. Two of the "WHEREAS" paragraphs are repeats and should be deleted. He felt there should be a regional approach to this program, as there is a lot of affordable housing in the area. When looking at density in Andover, wetlands and farmland that the City is trying to protect should also be considered. According to the legislation, the more density the City has, the more affordable life-cycle housing that is being generated. Apartments have high density. Now the City has one home per acre. The bench mark to achieve would be 1.9 to 2.3 dwelling units per acre; however, he didn't think that is a realistic goal given the City's wetland and farmland. Once in the process, the City can negotiate this bench mark. If an agreement cannot be reached with the Metropolitan Council, the City has the option of withdrawing from the program. He felt the City could benefit by obtaining grants for the cleanup of polluted sites. Also, the legislature would not look favorably upon Andover if it does not participate. Mr. Fursman also noted the recent news article that of the 187 eligible communities 90 have agreed to participate in the program. Of the 79 developing communities in the Metropolitan Area, 19 have not signed up; and most of those are fully developed. If Andover participates and there is to be a change in the regulations, the City will have a stronger voice in it. By participating, there is no direct ramification on the City for at least one year, after which the City mayor may not decide to remain in the program. Finally, the City has a request before the Metropolitan Council for 1300 acres of MUSA expansion, which will give the City seven to eight years of growth potential. While the Metropolitan Council cannot apply this to the approval of that expansion, it is a fear that that can happen. Also, the City has expressed an interest in the development of senior housing. That would qualify to meet life-cycle housing goals. Councilmember Jacobson noted the City's Comprehensive Plan has been at the Metropolitan Council for four years. The City has met all of the requirements asked of it, but they are always coming up with a new condition. He also noted this is the third time the issue has been discussed, and there doesn't appear to be any change of positions. councilmember Knight was concerned with the density issue because it contradicts what they are wanting to do in Andover. MOTION by Jacobson, Seconded by Dehn, that since this has been discussed for the third time, move that we approve the Resolution as presented b,' Staff with the following changes: on the back side, the sixth and seventh "WHEREAS" paragraphs should be deleted because they are duplicates. At the bottom NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby elects to not participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. Delete the rest of the sentence. In the front of the Resolution heading, Resolution electing to not participate in... DISCUSSION: Mayor McKelvey did not agree with the proposed motion. He .,.. . . - ,.- Regular Andover ci ty Council Meeting Minutes - November 21, 1995 Page 5 (Liveable Commnities Act, Continued) asked if the Council is willing to gamble one year's participation against the Metropolitan Staff and their potential recommendation not to approve Andover's MUSA expansion. If that happens, the City's growth can be set back to the point where taxes may have to be increased 20 to 25 percent to compensate for the loss of new construction. If the City participates, at least it will have a voice in potential changes to the law. He thought the City would be losing a lot by not participating at least for the first year, and he did not want to take the risk. Councilmember Jacobson stated the City has been playing games for the last four to five years, but the legislature specifically has said the Metropolitan Council cannot use this to deny the Comprehensive PIan. If that occurs, the City can either sue them or develop without providing municipal sanitary sewer. Already, the City has 78.4 percent affordable housing, so those guidelines are already met. If senior housing is desired in the community, all the City has to do is zone an area and developers will be constructing that housing. He didn't see an advantage to spending $16,000 in funds when private industry is willing to do it. He felt strongly on this and didn't think the City should be held hostage to the Staff of the Metropolitan Council. Councilmember Dehn had asked the item be brought back because it was late when discussed last time and she wanted more information. She felt everything stated is in the Comprehensive Plan already. She was also concerned that the monies the City would pay would go to other communities and into administrative fees. Councilmember Knight understood the argument for participating for one year but was still very concerned with the density issues. Could another WHEREAS be included in the Resolution that the City does not agree with the density provision? He also noted the City was told it would get the 1300 acres MUSA expansion if it agreed to the on-site septic system study program, which it did. Mr. Fursman stated that is correct, and the City has had to submi t a Maj or Amendment to the Comprehensive Plan for that expansion. That agreement was made by the Staff and the Metropolitan Council Environmental Committee. The request must still be approved by the Metropolitan Council. His concern is when it gets to the Metropolitan Council and they ask if the City is a part of the Liveable Communities Act. Councilmember Jacobson called the question. VOTE ON MOTION: Yes-Dehn, Jacobson, Kunza; NO-McKelvey, Knight (Knight voted No with a great deal of reluctance). Motion carried. REVIEW 1996 GENERAL FUND BUDGET Ms. McGann asked if the Councilmembers had any questions. There were none. Mr. Fursman reminded the Council of the Truth in Taxation hearing to be held on Wednesday, November 29, 7 p.m., at the Andover City Hall. ...... .-... -.- Regular Andover City Council Meeting Minutes - November 21, 1995 Page 6 The Council recessed at this time to hold an EDA meeting, 8:10; reconvened at 8:40 p.m. PURCHASE MOTOR GRADER Frank Stone, Public Works Superintendent, reviewed the bids for a John Deere grader from Midwest Machinery, Inc. , and a used Cat grader from Zigler, Inc. He is recommending the bid be awarded to Midwest Machinery, Inc. With the purchases of other equipment, they are $17,523.37 short of bond money to purchase this grader. He recommended that balance be taken from the gravel material fund, which will not be needed for this year. Mayor McKelvey asked for a motion to purchase a John Deere grader froĊ“ Midwest Machinery, Inc., with the extra $17,523.37 to come from the 1995 Streets and Highway budget. MOTION by Dehn, Seconded by Kunza, to so move. (Midwest Machinery, Inc. , for a total amount of $133,204.59, including the trade in) . Motion carried unanimously. 1996 LICENSE RENEWALS MOTION by Knight, Seconded by Dehn, approval of all of the license renewals presented here. Motion carried on a 4-Yes, I-No (Jacobson for the same reasons he's voted no in past years) vote. EXTERNALITIES DISCUSSION Mr. Fursman presented a revised draft of the City's Mission Statement which incorporated all of the items mentioned the last time this was discussed. He has also prioritized the items under each heading according to importance or what is attainable immediately. Councilmember Jacobson noted they were not given the third page of the Governing Principles at the last meeting; however, the items on that third page are incorporated into the draft Mission Statement just presented by Mr. Fursman. The Council agreed to take the draft home to study and review, then meet again to discuss it, prioritize items, assign responsible parties and establish a work plan for 1996. The Council agreed to hold a special meeting on Wednesday, December 6, 1995, 7:00 p.m., at the Andover City Hall to discuss the Mission Statement and to discuss the course of action regarding a new City Hall. ..., . - c. Regular Andover Ci ty Council Meeting Minutes - November 21, 1995 Page 7 MAYOR/COUNCIL INPUT Neighborhood Crime Watch - Councilmember Knight asked if the Sheriff's Department has reported back on the Crime Watch Program. Mayor McKelvey was not aware of it, but he will contact the Sheriff about it. Councilmember Dehn suggested the possibility of the Community Service Officer who will be hired next year be assigned to the program. She asked that the Council meet that individual. Traffic Study in Woodland Terrace - Mr. Erickson stated they are just finishing their analysis. More traffic counts will be taken this week. They will visit with the neighbors for their input and then bring back the report and recommendations to the Council. Public Hearing Notices in the Paper - Councilmember Jacobson noted when reading the legal notices in the paper, even he finds it difficult to determine the location. He asked that a paragraph be included in the legals that would give an address or intersection that someone can relate to, that is more easily understood by the residents. Task Force on the Definition of Family - It was reported the Planning Commission has just appointed eight members to a Task Force on the Definition of Family, including the Mayor and Councilmember Jacobson. Metropolitan Council Action - Councilmember Jacobson asked when the City will see Metropolitan Council action on the Comprehensive Plan and the expansion of the MUSA. Mr. Fursman thought the plan should be considered fully by Staff in December. He didn't know when it will be on the Metropolitan Council agenda. The City had to go through the entire Major Amendment Plan to the Comprehensive Plan for the MUSA expansion. Councilmember Jacobson felt if something is not done by February, the City should seriously consider other courses of action. MSA Designation to Upgrade Bunker Lake Boulevard - Mayor McKelvey stated he was informed by County Commissioner Berg and Jon Olson of the County Highway Department that if the City passes a Resolution this year to take the State Aid off of Andover Boulevard and move it to Bunker Lake Boulevard, the county will receive funding in July, 1996, to start widening Bunker Lake Boulevard to four lanes from Firstar Bank past the intersection of Hanson and Bunker Lake Boulevards. The Council generally agreed with the concept. Mr. Erickson stated the Resolution will be placed on the next Agenda. Councilmember Knight asked about the county's plans to upgrade CoRd 58, as it is very dangerous. The Mayor didn't think that road was in the county's five-year plan for improvements. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dehn, approval of Claims in the amount of $215,058.93. Motion carried unanimously. MOTION by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting was adjourned at 9:15 p.m. <=-- . f ~Rèf ectfully submltted~ ,~ tt~la A\ p~ch;reC9\aing Secretary .1 \.C'-.c' _ ~. '~'C \._ . ( :':'_ ,. ~, .., . . . - ~ -- ,-