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Home My WebLink AboutCC October 7, 1997 I .- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - October 7, 1997 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval ~ Consent Agenda Approval of Minutes minutes Mary Kay Sanders Recognition Domestic Violence Awareness Month Proclamation National Mammography Day Proclamation EDA Meeting - 7:00 PM Discussion Items 1. Anoka County Sheriff s Report sheriff 2. ISO # 15 Operating Fund Referendum isd15 3. P. HearingIHousing Finance Program/ The Farmstead farmstead 4. P. Hearing/ ModificationlDevelopment ProgramlDistrict No. I & TIF PlanlDistrict 1-3 phtif 5. Rezoning/15XXX Hanson Blvd NW/97-06/Chesterton Partnership, Continued chesterton 6. Approve Ord. No. 233 Repealing Ord. No. 53/0rdinance Regulating Dogs & Cats ord53 7. Discuss 1998 Union Contract union Staff .Committee. Commissions 8. Appoint Zoning Ordinance Task Force Members zoning Non-Discussion ltems 9. Approve Classification & Sale of Forfeit Property forfeit 10. Transfer of Junkyard License/Mom's Auto Salvage moms II. Variancell33 I I Round Lake Boulevard NWlBahn bahn 12. Anoka County HRA Tax Levy hratax 13. Declare Cost/Order Assess. RoIV95-14/Crooked Lake Blvd NW dclr9514 14. Declare Cost/Order Assess. RolI/96-25/14139 Crosstown Blvd NW/SS & WM dclr9625 15. Declare Cost/Order Assess. RoIV96-29/3448 - 142nd Avenue NW/WM dclr9629 16. Declare Cost/Order Assess. RolI/97-181752 - 140th Lane NW/SS dclr9718 17. Declare Cost/Order Assess. Roll/97-2211736 Andover Blvd NW/SS & WM dclr9722 18. Accept Petitionl97-38114056 Raven StNWIWM pet9738 19. Reduce EscrowlDeveloper's Improvements/Meadowlark Heights meadowlk 20. Receive Petitionl97-37/Review Neighborhood Meeting & Authorize Traffic Review pet9737 21. Approve Revised Supplemental Agree.l96-27/0ak View Middle School Trail/Hanson Blvd agre9627 22. Reduce Letter of Credit/94-8/Foxberry Farms rlcfoxberry 23. Release Letter ofCreditINorthwest Transmission rlcnwtrans 24. Release Letter ofCredit/92-4/Winslow Hills 2nd rlc924 25. Release Cash Escrow and Letter of Credit/95-26/Shadowbrook Phase I rce9526 26. Amend Ord. No. 227/Regulating the Sale of Tobacco Products tobacco 27. Approve Change Orders/96-15IPublic Works cos9615 28. Accept Easement/97-8/Chesterton Commons ease978 29. Approve Deduct Change Order/96-26/S Y, ofSW y. of Sect. 2 (Woodland Estates)Trunk Utilities co9626 30. Approve Final Payment/96-26/S Y, ofSW y. of Sect. 22 (Woodland Estates)Trunk Utilities fpay9626 31. Schedule HearinglDelinquent Utility Service Charge utility 32. Declare Costs & Order Assessment Roll/I 996 Delinquent Utility Service Charge delinquent Mayor/Counci11nput Payment of Claims Adjournment ., ---,. - .' ,- . - ~--_.. <\ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 7, 1997 TABLE OF CONTENTS AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA Approve classification and sale offorfeit property . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Transfer ofJunkyard LicenseIMom's Auto Salvage (withdrawn) . . . . . . . . . . . . . . . . . 1 Resolution R225-97 approving variance/133 1 I Round Lake BoulevardlBahn . . . . . . . 1 Anoka County HRA tax levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Resolution R226-97 declaring cost/ordering assessment roll/IP95-14 ............. 1 Resolution R227-97 declaring cost/ordering assessment roll/IP96-2S ............. I Resolution R228-97 declaring cost/ordering assessment roll/IP96-29 ............. I Resolution R229-97 declaring cost/ordering assessment roll/IP97-18 ............. 2 Resolution R230-97 declaring cost/ordering assessment ro1VIP97-22 ............. 2 Resolution R231-97 accepting petition/IP97-38/140S6 RavenlWatermain . . . . . . . . .. 2 Reduce escrow/Developer's improvementslMeadowlark Heights ................ 2 Receive petition/IP97-37/Review neighborhood meeting & authorize traffic review .. 2 Approve revised supplemental agreement/IP96-27/0ak View Middle School Trail/ Hanson Boulevard ............................................. .. 2 Reduce Letter ofCreditlIP94-8/Foxberry Farms. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Release Letter of Credit/Northwest Transmission ........ . . . . . . . . . . . . . . . . . . .. 2 Release Letter of Credit/IP92-4/Winslow Hills 2nd . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Release cash escrow and Letter of Credit/IP95-26/Shadowbrook Phase 1 .......... 2 Amend Ordinance 227/Regulating the Sale of Tobacco Products. . . . . . . . . . . . . . . .. 2 Resolution R232-97 approving Change Orders 3 and 4/IP96-1S/Public Works ...... 2 Resolution R233-97 approving Change Order l/IP96-1S/Public Works. . . . . . . . . . .. 2 Accept easement/IP97-8/Chesterton Commons. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R234-97 approving deduct Change Order/IP96-26 .................. 2 Resolution R23S-97 approving final payment/IP96-26 . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R236-97 scheduling hearinglDelinquent Utility Service Charge ......... 2 Resolution R23 7-97 declaring costs and ordering assessment rolV1996 delinquent utility service charge ..................................... 2 Resolution R238-97 authorizing Municipal Well Optimiz?tion Study/IP97-39 . . . . . .. 2 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 MARY KAY SANDERS RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION. . . . . . . . . . . . . .. 3 NATIONAL MAMMOGRAPHY PROCLAMATION ............................ 3 ANOKA COUNTY SHERIFF'S REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 ISO NO. IS OPERATING FU1\TO REFERENDUM ................. . . . . . . . . . . . .. 4 PUBLIC HEARING: HOUSING FINANCE PROGRAM/THE FARMSTEAD ......... 4 PUBLIC HEARING: MODlFICATION/DEVELOPMENT PROGRAMlDISTRICT NO.1 ANO TIF PLAN/DISTRICT 1-3 Resolution R239-97 adopting the modification .............................. S REZONING/1SXXX HANSON BOULEVARD NW/IP97-06/CHESTERTON PARTNERSHIP. . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . S - _...._._~A ---...--.-..... ----.. _. ,-- Regular Andover City Council Meeting Minutes - October 7, 1997 Table o/Contents Page ii ORDINANCE NO. 233 REPEALING ORDINANCE 53/DOGS AND CATS "'.,"'" 5 Motion to approve ...""",.",.."".....,...."",.,..,."'...,,,. 6 APPOINT ZONING ORDINANCE TASK FORCE MEMBERS (interviews on Oct 21) , " 6 PAY}ÆE~OFCLAl11S "...,.....,....,..",."".."'.,,,'...,...,,'... 6 MAYOR/COUNCIL INPUT North Metro Mayors' Association Meeting. . , . , ' , . , . . ' , . . . , ' , . . , ' . . . , , ' . . ., 6 ADJOURNMENT, ' , . . , ' , , . . , . , . . , ' . . . , , . . . . , . , , . , , . , , , . , . , , , . ' , , . . . ' , . ., 6 . . -- -> -. --. ~~ - -, ". - - CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - OCTOBER 7, 1997 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, October 7, 1997, 8:S0 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, Ken Orttel, John Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins . City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Add Item 33, Authorizing Municipal Well Optimization StudyIIP97-39. Motion by Knight, Seconded by Dehn, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 9 Approve Classification and Sale of Forfeit Property Item 10 Transfer of Junkyard License/Mom's Auto Salvage (withdrawn before the vote) Item 11 Variance/l331I Round Lake Boulevard NWIBahn (See Resolution R275- 97) Item 12 Anoka County HRA Tax Levy Iteml3 Declare Cost/Order Assessment Roll/IP95-14/Crooked Lake Boulevard NW (See Resolution R226-97) Item 14 Declare Cost/Order Assessment Roll/IP96-25114l39 Crosstown Boulevard/Sanitary Sewer and Watermain (See Resolution R227-97) Item IS Declare Cost/Order Assessment Roll/IP96-29/3448 142nd Avenue NWIWatermain (See Resolution R228-97) - .______ ___ ...._....__w ~ .. -- "- --,~ .... .. ~. --~- Regular Andover City Council Meeting Minutes - October 7. 1997 Page 2 (Consent Agenda, Continued) Item 16 Declare Cost/Order Assessment RolIlIP97-18/752 140th Lane NW/Sanitary sewer (See Resolution R229-97) Item 17 Declare Cost/Order Assessment Roll/1P97-22/1736 Andover Boulevard NW/Sanitary Sewer and Watermain (See Resolution R230-97) Item 18 Accept Petition/IP97-38/14056 Raven Street NWlWatermain (See Resolution R23 1-97) Item 19 Reduce Escrow/Developer's ImprovementslMeadowlark Heights Item 20 Receive Petition/1P97-37IReview Neighborhood Meeting and Authorize Traffic Review Item 21 Approve Revised Supplemental Agreement/IP96-27/0ak View Middle School Trail/Hanson Boulevard Item 22 Reduce Letter of CreditIIP94-8/F oxberry Farms Item 23 Release Letter of CreditlNorthwest Transmission Item 24 Release Letter of CreditIIP92-4IWinslow Hills 2nd Item 25 Release Cash Escrow and Letter of CreaitIIP95-26/Shadowbrook Phase I Item 26 Amend Ordinance No. 227IRegulating the Sale of Tobacco Products Item 27 Approve Change OrderslIP96-15/Public Works (See Resolution R232-97 approving Change Orders 3 and 4; Resolution R233-97 approving Change Order I) Item 28 Accept Easement!IP97-8/Chesterton Commons Item 29 Approve Deduct Change OrderIIP96-26/ S Yz of SW Y. of Section 2IWoodland EstatesfTrunk Utilities (See Resolution R234-97) Item 30 Approve Final PaymentlIP96-26 (See Resolution R235-97) Item 31 Schedule Hearing/Delinquent Utility Service Change (See Resolution R236-97) Item 32 Declare Costs and Order Assessment Rolll1996 Delinquent Utility Service Charge (See Resolution R237-97) Item 33 Authorize Municipal Well Optimization Study!IP97-39 (See Resolution R238-97) Motion by Knight, Seconded by Dehn, to approve the Consent Agenda. DISCUSSION: Gregory Collins, attorney for Richard Heidelberger, asked to speak to the issuance of the junkyard license for Mom's Auto Salvage, Item 10, as he felt the motion is misstated. The motion indicates that the City Council is approving the transfer of the junkyard license for Mom's Auto Salvage from Richard and Marian Heidelberger to Parmak, Inc. He understood the request is to transfer it from the Heidelbergers to Mom's Auto Salvage, Inc. The president of that corporation is Richard Heidelberger, not Alan Rouse who signed the application. --." - -.~. -. .... -- .. -. -. ---~-- ( Regular Andover City Council Meeting Minutes - October 7, 1997 Page 3 (Consent Agenda, Continued) An attorney representing the applicant verbally asked that the item be withdrawn. The Council agreed. Councilmember Knight amended the motion to acknowledge the removal of Item 10. Second Stands. Motion carried unanimously. APPROVAL OF THE MINUTES September 16, 1997. Regular Meeting: Table of Congents, Resolution R2IS-97 and on Page 2, Resolution 215-97, correct address to 4345 IS7th Avenue. Page 8, first paragraph, clarifY the rezoning for Presbyterian Homes was not a contract rezoning. September 16, 1997, EDA Meeting: Correct as written. Motion by Knight, Seconded by Orttel, approval with those corrections. Motion carried unanimously. MARY KAY SANDERS RECOGNITION Mayor McKelvey acknowledged a plaque which will be presented to Mary Kay Sanders, an Andover citizen, in recognition of her achievements in becoming Mrs. International. DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION Mayor McKelvey read a proclamation declaring October Domestic Violence Awareness Month in the City of Andover. NATIONAL MAMMOGRAPHY DA Y PROCLAlIfATION Mayor McKelvey read a proclamation declaring October National Breast Cancer Awareness Month and October 17, 1997, as National Mammography Day in the City of Andover. -, .._~- --......-....... .~ ." Regular Andover City Council Meeting Mil/utes - October 7, 1997 Page-l ANOKA COUNTY SHERIFF'S REPORT Lieutenant Bruce Andersohn reported the activities of the Sheriff s Department and Community Service Officers in the City of Andover during the month of August, 1997. The snowmobile grant funds became available as oflast week, so they are in the application process for those fu,1ds. They should know how much money they will be able to receive by the end of the month. ISD NO. 15 OPERATING FUND REFERENDUM Tom Larson, Co-Chair of the Citizen Committee for the Operating Fund Referendum, provided information regarding the election on November 4. The question is whether or not to continue the opefating fund referendum that took place in 1992. By law they must go back to the citizens to renew that opefating fund every five yeafS. The request is fOf $1.4 million, which amounts to $200 per pupil unit. It is not a new tax increase, but a continuance of a tax that has been in place since 1993. The state will provide 75 percent from state aid and 25 percent will be from local taxpayers, which amounts to $40 per $100,000 of property value. PUBLIC HEARING: HOUSING FINANCE PROGRAJW]'HE FARMSTEAD 9: 12 p.m. Mr. Carlberg explained the Council must hold another public hearing because there has been a name change ITom Presbyterian Homes of Andover to Presbyterian Homes Housing and Assisted Living, Inc. The housing refinancing program has not changed; only the name of the entity. John Mehrkins, Presbyterian Homes Housing and Assisted Living, Inc., stated the name change reflects a different financing structure. They had origina1ly looked at two financing programs through HUD which required Presbyterian to hold the facility in a single asset facility. With intefest rates and under rated bond issues, they feel it is more prudent to hold the facility in the Presbyterian Homes Housing and Assisted Living, Inc. Mayof McKelvey opened the hearing for public testimony. There was none. Motion by Knight, Seconded by Dehn, to close the hearing. Motion carried unanimously. 9: 15 p.m. No further action was required of the Council. -- --- .-' Regular Andover City COllncil Meeting Minutes - October 7, 1997 Page 5 PUBLIC HEARING: MODIFICATION/DEVELOPMENT PROGRAM/DISTRICT NO.1 AND TIF PLAN/DISTRICT 1-3 9: 15 p.m. Mr. Carlberg noted this is the public hearing for the item discussed at length by the Econorrúc Development Authority this evening. The Resolution is very similar to that approved by the EDA. Mayor McKelvey opened the hearing for public testimony. There was none. Motion by Dehn, Seconded by Kunza, to close the public hearing. Motion carried unanimously. 9:17 p.m. Motion by Orttel, Seconded by Dehn, the Resolution adopting the modification to the Development Program as prepared (See Resolution R239-97). Motion carried unanimously. REZONING/15XXX HANSON BOULEVARD NW/IP97-06/CHESTERTON PARTNERSHIP, CONTINUED Mayor McKelvey explained the developer, Jerry Windschitl, has sent a letter requesting the item be tabled for another two weeks. He has also asked the Council to discuss this and tell him what they want in the type of buildings. Mr. Carlberg stated after reviewing the tapes of the last Council meeting, Mr. Windschitl got the impression that the Council did not want to see any apartment housing in the City of Andover, not even for senior housing. Mr. Windschitl intends to come back on October 21 with a plan, but he wants additional clarification. Also, because Mr. Windschitl has a brokers' license, apparently there is some problem with a descnption relating to senior housing for a contract zoning. Staff is researching that further. Councilmember Kunza didn't want to see apartments for general use, but he would not ob.iect to senior housing apartments sirrúlar to that in Ham Lake along Bunker Lake Boulevard. Councilmember Dehn agreed, but she also had a concern with a blanket rezoning for multiples and the potential of the property then being sold to someone else. Without the rezoning tied to senior housing, there is no protection. Mayor McKelvey understood Mr. Windschitl is considering a planned unit development clustering a day care center, an apartment and several multiple housing units. No further action was taken, noting the item will be discussed at the October 21 meeting. APPROVE ORDINANCE NO. 233 REPEALING ORDINANCE NO. 53/0RDINANCE REGULATING DOGS AND CATS Mr. Carlberg explained the amendment limits the number of dogs for a private kennel to six, which is what most other communities require. It would also require the owner of a kenneilicense to __ __ _ ~.__ ___ _u___ __._~ - ---. ------ -- I (Ordinance No. 233/Regulating Dogs and Cats, Continued) provide a fenced yard or dog enclosure to insure the dogs' confinement on the property. The ordinance also restricts the number of cats to three in any family residence on a parcel of land three acres or less. A letter written from a resident has suggested that a covering be required over the kennel to prevent dogs from climbing or jumping out, though that may not be necessary if the fence is six feet high, and that something be done in the flooring to prevent a dog from digging out under the fence. The Council agreed with the covering and something to prevent a dog from digging out under the fence. They recommended that be added to Section 23 of the ordinance. Mr. Carlberg recommended approving the ordinance as is this evening and an amendment be prepared adding another section regarding a surface to prevent a dog from digging out. The Council agreed. Motion by Orttel, Seconded by Dehn, to approve Ordinance No. 233 and repeal Ordinance 53 regarding dogs and cats as presented. Motion carried unanimously. APPOINT ZONING ORDINANCE TASK FORCE MEMBERS Mr. Carlberg noted there are eight applicants to fill three positions on the Zoning Ordinance Review Committee. The Council discussed the need to have someone technically oriented for this review and noted that many of the applicants appear to be competent. It was agreed to interview the applicants between 6 and 7 p.m. on October 21,1997. The Council meeting was recessed at this time to hold a closed session to discuss the 1998 union contract, 9:44; reconvened at 10:50 p.m. PAYMENT OF CLAIMS Motion by Knight, Seconded by Orttel, the payment of claims. Motion carried unanimously. MAYOR/COUNCIL INPUT North Metro Mayors' Association Meeting - Mayor McKelvey reported the North Metro Mayors' Association meeting will be held on October 15 and he is unable to attend. He asked others to attend if possible. Motion by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 10:54 p.m. Resp::tt~L ~la A. Peach, Recording Secretary ._. __ ____u ___.__ - ---- - -