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HomeMy WebLinkAboutCC July 1, 1997 I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, July 1, 1997 agenda Call to Order -7:00 p.m. Resident Forum Bookmark Agenda Approval ~ Consent Agenda Approval of Minutes minutes Discussion Items 1. Continue Public HearinglRedevelopment PlantlPublic Works Building/96-15 ph9615 2. Anoka Ice Arena icearena 3. Downtown Center Transfer downtown 4. HearinglPrivate Kennel License/Schuler schuler 5. Tower Drive/No Parking Restrictions Discussion nopark 6. Crooked Lake Task Force Update crlake 7. Junkyard License Renewal/Commercial Auto Parts junkyard 8. Meadow Creek ChurchlRequest Inclusion Ordinance 218/ meadowcreek Crooked Lake Boat Trailer Parking Discussion EDA Meeting 9. Approve ResolutionÆstablishing the Redevelopment Project Area eda Non-Discussion 10. Approve Kennel License Renewals kennel II. Special Use PermitlMerwin Drug & Hardware merwin 12. Special Use PermitlVariance/Meadow Lark Heights/Area I. D. Sign lennes 13. Approve Ord. 224/User Strength ord224 14. Approve Ord. 226/Auto Recycling Yards ord226 IS. Adopt Ord. 44K (To Repeal Ordinance #44) ord44k 16. Approve Ord. 228/Swimming Pools ord228 17. Accept Easement & Consent to Encroach Agreement/Children's World Learning Center childrens 18. Approve Permit/Andover Family Fun Fest/Ord. 230 noise 19. Approve Lease Agreement/Nextel nextel 20. Acknowledge Probation Period/John Hinzman, City Planner & probation Michele Wenning, Accountant 21. Approve Resolution/Setting Fee/Non-Conforming Occupation fee 22. No Wake/Slow Wake/Ordinance Update dnr 23. Ord. 214/Disease Shade Tree Ordinance ord214 Mayor-Council Input Payment of Claims Adjournment - - ," -, - -- . I I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 1, 1997 TABLE OF CONTENTS AGENDA APPROVAL · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Approve kennel license renewals · · · · · · · · · · 1 Resolution R156-97 approving Special Use Permit/Merwin Drug · 1 Resolution R157-97 approving Special Use Permit/Variance/ Meadow Lark Heights/Area ID · · · · · · · · · · · · · 1 Approve Ordinance 224/User Strength · · · · · · · · · · 1 Approve Ordinance 226/Auto Recycling Yards · · · · · · · 1 Adopt Ordinance 44K (To repeal Ordinance 44) · · · · · · 1 Approve Ordinance 228/Swimming Pools · · · · · · · · · 1 Accept easement and consent to encroach agreement//Children's World Learning Center · · · · · · · · · · · · · 1 Approve permit/Andover Family Fun Fest/Ordinance 230 · · · 1 Acknowledge probation period/Hinzman and Wenning · · · · · · I Resolution R158-97 setting fee for non-conforming occupation 1 Ordinance 214/Disease Shade Tree Ordinance · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · 2 CONTINUE PUBLIC HEARING: REDEVELOPMENT PLAN/PUBLIC WORKS BLDG/96-152 Resolution R1S9-97 approving redevelopment project area & plan 3 ANOKA ICE ARENA · · · · · · · · · · · · · · · · 3 DOWNTOWN CENTER TRANSFER Motion to approve · · · · · · · · · · · · · · · 4 HEARING/PRIVATE KENNEL LICENSE/SCHULER Motion to table · · · · · · · · · · · · · · · · 4 TOWER DRIVE/NO PARKING RESTRICTIONS DISCUSSION Resolution R160-97 designating No Parking on east side of Tower Drive · · · · · · · · · · · · · · · · · · · 5 CROOKED LAKE TASK FORCE UPDATE · · · · · · · · · · · · · · 5 MEADOW CREEK CHURCH/REQUEST INCLUSION ORDINANCE 218/CROOKED LAKE BOAT TRAILER PARKING DISCUSSION Motion to provide no parking signs · · · · · · · · 6 JUNKYARD LICENSE RENEWAL/COMMERCIAL AUTO PARTS Motion to approve with conditions · · · · · · · · · 6 MAYOR/COUNCIL INPUT Neighbors helping in parks · · · · · · · · · · · · · 7 Rum River . . · · · · · · · · · · · · · · · · · · 7 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · 7 ADJOURNMENT . . . · · · · · · · · · · · · · · · · 7 --.--, ~_____ _~. _"_A__ ~r .. _ _ _. _ .__~__. ar¡n' .}úfI r¡~ 15; I c¡r¡ 7 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 1, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, July 1, 1997, 7:00 p.m., at the Andover Ci ty Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight, Kunza, Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann City Planner, John Hinzman City Administrator, Richard Fursman Others AGENDA APPROVAL Table Items 19, Approve Lease Agreement/Nextel, and 22, No Wake/Slow Wake/Ordinance Update. MOTION by Kunza, Seconded by Dehn, to approve the Agenda. Motion carried unanimously. CONSENT AGENDA Item 10 Approve Kennel License Renewals Item 11 Special Use Permit/Merwin Drug & Hardware (See Resolution R156-97) Item 12 Special Use Permit/Variance/Meadow Lark Heights/Area ID Sign (See Resolution R1S7-97) Item 13 Approve Ordinance 224/User Strength Item 14 Approve Ordinance 226/Auto Recycling Yards Item 15 Adopt Ordinance 44K (To Repeal Ordinance No. 44) Item 16 Approve Ordinance 228/Swimming Pools Item 17 Accept Easement and Consent to Encroach Agreement/Children's World Learning Center Item 18 Approve permit/Andover Family Fun Fest/Ordinance 230 Item 20 Acknowledge Probation period/John Hinzman, City Planner, and Michele Wenning, Accountant Item 21 Resolution/Setting Fee/Non-Conforming Occupation (See Resolution R158-97) Item 23 Ordinance 214/Disease Shade Tree Ordinance MOTION by Knight, Seconded by Kunza, approval of the Consent Agenda. Motion carried unanimously. .. . __. - .'~. - -~- -"- -.-- [ I Regular Andover City Council Meeting Minutes - July 1, 1997 Page 2 APPROVAL OF MINUTES June 17, 1997, Regular Meeting: Correct as written. MOTION by Knight, Seconded by Kunza, to approve. Motion carrie~ unanimously. CONTINUE PUBLIC HEARING: REDEVELOPMENT PLAN/P~BLIC WORKS BUILDING/96-15 Mr. Fursman summarized the events relating to the financing of the Public Works expa.nsion project, noting the cost of the building has remained about the same. The additional amount proposed for the Economic Development Authority bond relates to the site work to complete the City Hall complex and the cost of bricking the old City Hall building to match the new one. It was stated from the beginning that ponding would be needed and that those costs were not included in any of the original estimates. While the original intent was to pay for the site work with Tax Increment Financing funds, he is not comfortable using them at this time without knowing the final costs of purchasing the auto salvage yards. That is why it is being suggested those costs be added to the EDA bond. Those costs remain TIF eligible, so it would be possible to use TIF funds as they become available to pay back the portion of the EDA bond for the site improvements. Mr. Fursman recommended doing the additional site work at this time even though it means bonding through the EDA. That would complete thp. project and would save money by doing it now rather than in the future at increased costs. Also, the TIF funds will not be at risk and will be available for the purchasing of Commercial Auto Parts and Mom's Auto Salvage. Councilmember Orttel was surprise~ at the increased costs, noting it is a huge difference from $1.8 million to about $2.3 million; and he questioned several items. Mr. Fursman explained some permits and fees will have to be paid to the State. Even though the bond will pay for the site work, that portion can still be reimbursed with TIF funds. Mayor McKelvey stated he too was surprised by the increase; but in talking with Staff, he has been assured that when TIF funds become available, the site work portion will be reimbursed. He was in favor of completing the site work at this time. Councilmember Knight asked if the $29,000 for brick work applies to all sides of the old building. Mr. Fursman stated he checked on that figure, and it does finance the bricking of all three sides. The same brick used for the new City Hall will be used on the old building and on the Public Works building. Some of the increases in the site work also related to changes in the location of the Public Works addition that were not anticipated. He projected the cost for the debt service on the EDA bond would result in $4 or $5 to $12 or $13 per year on the average home. That is a General Budget item. The Council mayor may not choose to increase the levy for that expenditure. Councilmember Dehn was also surprised by the total cost, though she realized the necessity of updating the Public Works facility. - - -- -. -- -_. -_. -- -. ~ .C"", I \ Regular Andover Ci ty Council Meeting Minutes - July 1, 1997 Page 3 (Continue Public Hearing: Redevelopment Plan/Public Works Building/IP96- 15, Con tinued) Mr. Fursman also pointed out that the existing Public Works building will need to meet OSHA standards for air exchange, which will mean additional costs. The communications expenditure is to upgrade the phones and computer plus installing cable for electronic communication between the City Hall and Public Works building. Mr. Erickson reviewed the two ponding sites to be developed to service the City Hall complex. The first will double as a soccer field located west of City Hall. The other will be in the southeast corner, which will be graded and the excess soils used in the Commercial Boulevard redevelopment area. That too will double as a soccer field. Mayor McKelvey opened the hearing for pUblic testimony. There was none. MOTION by Kunza, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 7:24 p.m. MOTION by Dehn, Seconded by Kunza, introducing the Resolution approving the Redevelopment Project Area and Plan as presented in the packet this evening for approval. (See Resolution R1S9-97) Motion carried unanimously. The Council recessed to hold an EDA meeting, 7:27; reconvened at 7:30 p.m. ANOICA ICE ARENA Fred Hamacher. representinq the Anoka Area Ice Arena - has lived in Andover for 21 years and is on the Board of Directors for the Anoka Ice Arena. He provided a history of the Anoka Area Ice Arena beginning in 1980 when a steering committee was formed to study the feasibility of building an ice arena. (The Council recessed at 7:35 due to severe weather; reconvened at 7:44 p.m.) Mr. Hamacher noted the first arena was constructed entirely by volunteers, though they had to take out a mortgage for the second one. The arenas now host hockey teams and tournaments, figure skating, intramural athletic activities for high school, spring indoor soccer and is in the process of developing an in-line hockey league. Of the three area communities served, the greatest percentage of participants are from Andover. Ice time is totally sold out, and the other activities are expanding. Mr. Hamacher noted it is a struggle to continue to meet the mortgage payments, which are expected to be paid off in six years. He asked that anything the Council could do to help them meet those monthly burdens would be helpful. It would be helpful if Andover's snow plows could plow around their building, or anything else. - .- ----- H. __ _~. __ -- -~ --- .----.--- [ I Regular Andover City Council Meeting Minutes - July 1, 1997 Page 4 (Anoka Ice Arena, Continued) The Council suggested the item be forwarded to the Park and Recreation Commission. (The Council again recessed at 7:54 due to severe weather; reconvened at 8:03 p.m.) Park and Recreation Commissioner Al Grabowski noted the school district is the biggest user of the arena but pays the least amount for ice time. No further Council action was taken. DOWNTOWN CENTER TRANSFER Mr. Fursman explained Andover Limited Partnership is selling its interest in the Downtown Center to Andover Investors, LLC. Andover Limited Partnership is asking to transfer their obligation under the TIF agreement to Andover Investors. In reviewing the proposals and the financial statements of Andover Investors, and given the history of the TIF payments in that area exceeding all payment requirements, Staff is comfortable recommending the City substitute two new individuals for Mr. Rademacher. Attorney Hawkins explained the personal guarantee is for any short fall of the debt service payments, but there has always been more than adequate TIF funds to meet the debt service payments of the bond. Based on his review of the financial statements, he would substitute the personal guarantees to the new owners. The Council asked that they be given copies of the financial statements of the new owners for their review. MOTION by Ort tel, Seconded by Knight, that the Council approve the transfer of the TIF financial obligation and owners to Andover Investors from Rademacher, subject to the review of the financial statements by individual Councilmembers. Motion carried unanimously. HEARING/PRIVATE KENNEL LICENSE/SCHULER MOTION by Orttel, Seconded by Knight, approval as requested. DISCUSSION: Mr. Hinzman asked that the item be tabled as the Schulers are still in the process of purchasing the property. Councilmembers Knight and Orttel withdrew the Second and the Motion. MOTION by Orttel, Seconded by Knight to table Item 4. Motion carried unanimously. - ----- -~. ---~. --- -- -- --- -._- [ I Regular Andover City Council Meeting Minutes - July 1, 1997 Page 5 TOWER DRIVE/NO PARKING RESTRICTIONS DISCUSSION Park and Recreation Commissioner Al Grabowski explained when sewer and water was extended to Oak View Middle School, Tower Drive was then tarred. It is 24 feet wide with curb and gutter and no parking on either side. The problem is that there is not enough parking in the parking lots to accommodate when two teams are playing ball and the other teams show up. They are parking on the street now and the Sheriff has been very lenient. He has talked with the Assistant City Engineer and the Fire Chief. The request of the Park Board is to allow parking on one side of the street. The Fire Chief is opposed to the request claiming there would not be enough room for emergency vehicle access in and out. Commissioner Grabowski argued the width on Tower Drive with vehicles parked on one side would be 17 feet, which is more than the l~ feet of clearance on any urban road where parking is allowed. Also, if for any reason an emergency vehicle would need to get on the field, it would be able to access from the southwest corner directly onto the field without using the road. It is a major parking problem which will be worsened during the State Tournament because of the Fun Fest being held the same weekend. Commissioner Grabowski stated another option may be to increase the size of the north parking lot; but the only possible way would be to go west toward the pumphouse. That would mean taking out trees and it would be an isolated spot. He did not recommend it. Mr. Erickson stated from an engineering design standpoint, 24 feet wide doesn't allow for parking on ei ther side. That is set by MNDot and is not negotiable. From a liability standpoint, those requirements should be maintained. He suggested looking for additional parking in the area. The Council aCknowledged the need for addi tional parking. They generally agreed to allow parking on the west side of the road, which they felt would provide the greatest safety factor so children would not be darting into the street between cars and the cars would be facing out of the park. Councilmember Dehn suggested this should be a temporary solution. Possibly consideration could be given to using the school. parking lot and shuttling people during tournaments. Commissioner Grabowski stated it is a problem four nights a week during the summer. MOTION by Orttel, the Resolution with the jesignation of No Parking along the east side of Tower Drive for the period of April through October. (See Resolution R160-97) DISCUSSION: Frank Stone, Public Works Superintendent, stated there is no room on the site for additional parking. He needs about ten more acres for Public Works. Mr. Fursman suggested when the parking lots are completed around the Public Works Building, it would be able to provide overflow parking. Motion carried unanimously. CROOKED LAKE TASK FORCE UPDATE Mr. Hinzman explained the City Council authorized the formation of a task force consisting of seven members to review traffic and safety _._ _____ _ _ uo_, __ __ __ ___ _._ [ Regular Andover City Council Meeting Minutes - July 1, 1997 Page 6 (Crooked Lake Task Force Update, Continued) issues on Crooked Lake. Only two people, both property owners on the lake, have submitted applications. He asked for direction from the Council. The Council decided that rather than forming a task force, they would hold an informational meeting at the end of the season for input on what is happening. They felt input from the Sheriff's Department and the Lake Association would be beneficial. Mr. Hinzman stated he will contact the Lake Association to inform them of this decision. MEADOW CREEK CHURCH/REQUEST INCLUSION ORDINANCE 218/CROOKED LAKE BOAT TRAILER PARKING DISCUSSION Mr. Hinzman noted the letter by Meadow Creek Church and School to include them in Ordinance No. 218 which does not allow boat traile-,: parking within 1,000 feet of the Crooked Lake access. MOTION by Knight, Seconded by Dehn, to include the Meadow Creek parking lot in the ordinance. DISCUSSION: Attorney Hawkins advised the Meadow Creek parking lot is private property. The issue is spending public funds to enforce regulations on private property. He felt this wo~ld be setting a dangerous precedent. Councilmembers Dehn and Knight withdrew the Second and the Motion. Further discussion noted that the parking of trailers on private property is a trespass issue, not a traffic violation. The Church can put up no parking signs and can have trailers towed away at no expense to them. MOTION by Knight, Seconded by Orttel, to provide the signs for no parking of boat trailers to Meadow Creek Church; they can do with them as they wish. Motion carried unanimously. JUNICYARD LICENSE RENEWAL/COMMERCIAL AUTO PARTS Mr. Hinzman explained Charles Mistelski submitted a renewal application for a junkyard license on June 30. He recommended the license be approved under the same conditions as the license for Mom's Auto Salvage, with a variance for the screening provisions because it is anticipated the City will purchase the yard within the next licensing year. Mayor McKelvey suggested a safety provision be added as well because the fire lines were not cleared during recent inspections. MOTION by McKelvey, Seconded by Dehn, to pass the license renewal for Commercial Auto Parts pending the fact that he has all the driveway and safety factors within the yard brought up to date and inspected, including a variance on the screening provisions. Motion carried unanimously. --- ------.--._~._. -- -- ---- , '-., I , '. Regular Andover City Council Meeting Minutes - July 1, 1997 Page 7 MAYOR/COUNCIL INPUT Neighbors helping in parks - Councilmember Orttel stated in the past residents were allowed and encouraged to help with improvements in their neighborhood parks. The City would work with them on the types of equipment, purchase it, and the residents would provide the labor and possibly maintenance. He felt that would make the dollars for parks stretch farther. Volunteer insurance is in place, so there is no issue with liability. Mayor McKelvey noted the Adopt-A-Park program is place. Mr. Erickson stated he would look in it. Rum Ri ver - Councilmember Dehn stated someone brought her a photograph showing a jet ski pulling a skier on the Rum River. This is the type of action the residents along the river find offensive. Councilmember Orttel concurred the biggest issue seems to be with jet skis. He wondered if there was some way of restricting jet skis on the river. The discussion centered around the speed of water crafts and the creation of wakes. Councilmember Knight noted there must be specific definitions on wakes and what is allowed, because even canoes create wakes; and other cities do have no-wake ordinances. Councilmember Dehn also noted that most of the apparatus getting onto the river come in at the county park by the fair grounds. Is it possible to have restrictions at that location? Staff was asked to check with the county about regulations at their landings. It was als0 agreed to wait for some direction from the DNR, which is reviewing Andover's draft no-wake ordinance. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Orttel, the payment of bills. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 8:57 p.m. Respectful submitted, ~~~C ~ Ma ella A. Peach Recording Secretary _."__ _ ._____·__w·~.__ -- -- --