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·~.__ -- -- --