HomeMy WebLinkAboutCC December 2, 1986
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING-DECEMBER 2, 1986
AGENDA
7:30 P.M. l. Call to Order
2. Resident Forum
3 . Agenda Approval
4 . Discussion Items
a. !¡ora tori urn Orè.inaRcc, Cant. De..{e..f",
b. Hills, Inc. Rezoning, Cont.
c. Hills of Bunker Lake Preliminary Plat, Cont.
d. Lot 5, Watt's Garden Acres Rezoning
e. Ordinance 8, Sec. 6.02 Amendment
f. Transient Merchant Ordinance
g. Five Year Plan Discussion
h.
5. Staff, Committee, Commission
a. Junkyard Land Acquisition
b. Park Board
c. Clerk/Treasurer Position
d. *public Works
6. Non-Discussion Items
a. St. Anthony Bank Depository
b. Creekridge Estates/Grading Escrow
I
c. Anoka County Business Assistance Network Proposal
I
d. Lower Rum River Watershed/Coon Creek Watershed
Boundary Change I
I
e. Receive Feasibility Study, Order Public Hearing/
87/3
f. Award Bid/86-26/Superamerica
g. Award Bid/Computer
7 . Approval of Minutes
8. Approval of Claims
9 . Adjournment
*Not on published agenda
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - DECEMBER 2, 1986
MINUTES
The Regular BI-Monthly MeetIng of the Andover CIty CouncIl was called
to order by Mayor Jerry Wlndschltl on December 2, 1986, 7:30 p.m., at
the Andover CIty Hall, 1685 Crosstown Boulevard NW Andover, Minnesota.
Counciimen present: Elling, KnIght, Lachlnski, Orttei
Councilmen absent: None
Also present: City Attorney, WIllIam G. HawkIns; TKDA Engineer,
John Davidson; PlannIng and ZonIng CommIssIon
ChaIrman, Don Jacobson: CIty EngIneerIng
Technician, Todd Haas; City Administrator, James
Schrantz; and others
RESIDENT FORUM
DeEtta Blastol. 17022 Round Lake Boulevard - wants to splIt theIr
lot, but they do not meet the zoning requIrements. She asked the
Counc I I to consIder grantIng a variance to be allowed to spIlt their
lot. They want the split for mortgage reasons. Mr. Schrantz
explaIned she has spoken to the Zoning AdmInistrator about the
proposal, and she Is asking for a consensus from the Councli before
makIng formal applIcatIon for the split and varIance. He explained
the parcel to be split off would not have the required road frontage.
They would lIke the CouncIl to look at acceptIng an easement to that
property. Many of the lendIng institutIons wIll not fInance more than
ten acres.
I
I
CouncIl was concerned that this is reallY a Planning CommIssIon Item.
It was agreed to add the item to the Agenda, but suggested she taik
wIth the Attorney In the meantIme to see what optIons are avaIlable.
Don Jacobson - stated James RefrIgeration came before the PlannIng
CommIssIon some tIme ago, but the Item was never brought before the
Council because the applIcant kept postponIng It. He recommended some
action be taken on the Item. Counc il agreed, suggesting the applIcant
be notifIed the item wiil be on the next agenda for Council 'actIon.
AGENDA APPROVAL
I
i
It was suggested the followIng changes be made to the Agneda: Add Item
4h, Local Oil Sketch Pian; 41, DIstrIct 11 School Site; 4J, Hanson
Boulevard RIght of Way; 4k, 86-10/Dehn's Pond; 41, Sketch Plan for
17022 Round Lake Boulevard; and 4m, EngIneerIng Change Orders.
MOTION by KnIght, Seconded by Orttel, to approve the Agenda as
amended. Motion carried unanimously.
." --
Regular City Counci. Meeting
December 2, 1986 - Minutes
Page 2
HILLS OF BUNKER LAKE REZONING AND PRELIMINARY PLAT
Because the developers were not present, it was agreed to table these
Items.
MOTION by Knight, Seconded by Orttel, to table the items until the
developers are In attendance. Motion carried unanimously.
LOT 5. WATT'S GARDEN ACRES REZONING
Chairman Jacobson noted the owner was not In attendance at the
hearing, but the Planning Commission recommended approval of the
rezoning.
MOTION by Knight, Seconded by Lachlnskl, Ordinance 8MM, an
Ordinance amending Ordinance No. 8, known as the Zoning Ordinance of
the City of Andover as presented (Lot 5, Watt's Garden Acres from
General Industrial to R-4, Residential Single Family). Motion carried
unanimously.
ORDINANCE 8. SECTION 6.02 AMENDMENT
Chairman Jacobson reported no one attended the public hearing on the
proposed amendment to Section 6.02 to reduce the sideyard setback In
the R-4 zone to 5 feet. The Planning Commission strongly felt that
the setback should not be decreased. They are recommending Instead
If Increased width Is needed to build larger houses or three-car
garages, that the lot width be Increased to 85 feet. The Commission
discussed the desire for larger houses and/or three-car garages and
did not have a problem with that. But they did not feel the
additional cost of an a5-foot lot would deter such construction.
Chairman Jacobson stated the Commissioners had very definite feelings
opposing the reduce sldeyard setback. Many did not like the
aesthetics of houses placed closer together, and they were also
concerned that the 5-foot setback would become the norm rather than
only for the larger houses. They also felt that people move to
Andover for the space and amenities it has, and they did not want to
compromise that with this proposed change.
Mayor Wlndschltl argued most of the other cities around allow the
5-foot setback. He also felt it Is to the City's benefit to encourage
the construction of the larger houses and three-car garages because of
the additional tax revenue It brings to the City. If a larger house Is
desired on a lot of record, there Is no way of fitting It on the lot
unless the sldeyard setback Is reduced.
Councilman Knight stated In viewing developments where the 5-foot
setback is al lowed, he Is Inclined to feel the 5-foot setback is not
enough. He preferred the Planning Commission's proposal of the
85-foot lot width.
Regular City Council Meeting
December 2, 1986 - Minutes
Page 4
(Transient Merchant Ordinance, Continued)
Council agreed to change Section 1 , Definitions, Item 3), sixth line,
to: ·...provided, however, that such definition shall also include any
person who occupies any temporary structure, vehicle or other
place... "
Another change agreed to was Section 3, Exclusions, Item A):
"Occupations licensed and/or bonded pursuant to state law."
Discussion was then on Section 4, Religious and Charitable
Organizations. There was some concern about the application of this
ordinance to sales for various fundralsers by school children In
ne I ghborhoods, suggesting they be exempted from the ordinance.
At this time the Council was introduced to members of the Boy Scouts
Troop 601 that were attending the meeting.
Discussion then returned to the proposed Transient Merchant Ordinance.
A suggestion was to Insert language which would exempt local
educational institutions from the ordinance. It was agreed to table
the item to the next regular meeting, at which time each Councilman
will note his suggestions on the ordinance.
MOTION by Orttel, Seconded by Lachinskl, to table the Item for two
weeks. Motion carried unaniamously.
FIVE-YEAR PLAN DISCUSSION
Councilman Knight was concerned that the City plan for the future
growth involving the areas of police and fire service, city services,
commercial development, and sewer and water services, though he fel t
the discussions at the last special meeting generally covered the area
of sewer and water services. He suggested each Councilman take an
area of concern, research and analyze It, and make recommendations to
the Counc II .
After some discussion, It was agreed to hold a special meeting first
to discuss the overall philosophy and framework of each area.
Marian Heldelberaer - was concerned about the offices now in the
Senior Citizen Center, asking if any more are going to be put In.
They are concerned that they w I I I be loosing the use of the Center.
Counc I I assured her the Senior CItizen Center will always be available
for the senior citizens. The offices are actually In what used to be
the garage and are only there because of the lack of space at this
time. That is one of the Items that would be addressed.
MOTION by Knight, Seconded by Elling, to set a Special Meeti ng for
December 9 on this matter. Motion carried unanimously.
/
Regula~ City Council MeetIng
Decembe~ 2, 1986 - Minutes
Page 3
(O~dlannce 8, SectIon 6.02 Amendment, Continued)
CouncIlman O~ttel a~gued the advantage of th~ee-ca~ ga~ages Is so
people sto~e thel~ possessIons InsIde ~athe~ than outsIde. Plus the~e
Is the p~oblem of many people buIldIng additIonal sto~age sheds In the
back ya~ds to sto~e thel~ things. He felt It was p~efe~able to
p~ovlde the means to allow the const~uctlon of the la~ge~ ga~ages.
Cha~lle Vleman - stated his son owns a house whe~e they have the
5-foot sldeya~d setbacks. He did not like the appea~ance, plus he
questioned the ability of eme~gency vehicles to get to the back ya~d
If necessa~y. Mayo~ Wlndschltl stated that Is solved by allowing the
reduced setback on only one side, so the minimum on the other side
would be 15 feet.
Discussion continued on the reduced sldeya~d setback, with various
comp~omlse solutions p~oposed and debated.
MOTION by Lachlnskl, Seconded by O~ttel, an Ordinance amending
Oo~dlnance No. 8, known as the Zoning O~dlnance fo~ the City of
Andover amending Section 6.02 Minimum Requirements In an R-4 a~ea,
Residential garage o~ Carport f~om Inte~lor lot line (minimum setback
f~om the garage side of the parcel) would be a minimum of 5 feet when
a th~ee o~ mo~e ca~ ga~age Is const~ucted
VOTE ON MOTION: YES-Lachlnskl, Orttel, Wlndschltl; NO-Ell lng, Knight
Motion ca~~les; howeve~, the Amendment falls because a fou~-flfth vote
Is needed fo~ amend the Zoning O~dlnance.
Discussion continued on the p~oposed change as to the p~os and cons of
the ~educed sldeya~d setback In an attempt to reach a comp~omlse
solution to the matte~. Howeve~, no consensus could be ~eached at
th I s time. It was ag~eed to table the Item to allow time fo~ fu~the~
~esearch and conslde~atlon.
MOTION by Elling, Seconded by lachlnskl, to table this fo~ two
weeks. Motion ca~~led unanlmosuly.
TRANSIENT MERCHANGE ORDINANCE
Chal~man Jacobson explained the o~dlnance was d~afted f~om the best
portions of many samples. It Is a tool whIch the City does not now
have to ~egulate doo~-to-door sales.
MOTION by Lachlnskl, Seconded by Elling, an Ordinance defining
t~anslent me~chant, peddle~, canvasse~, and sollclto~ and ~equl~lng
said Individuals o~ organizations to comply with ce~taln p~ocedu~es
while doIng business withIn the City in orde~ to provide for the
public welfare; and providIng for fees and p~ohlbltlng the use of
public rights of way o~ public p~ope~ty for certaIn activitIes, as
presented by the P and Z. DISCUSSION:
Regular CIty CouncIl MeetIng
December 2. 1986 - MInutes
Page 5
LOCAL OIL SKETCH PLAN
Mayor Wlndschltl reported Local 01 I has dIscovered they need a lot
sp I I t of the parcel In the northwest corner of Bunker Lake and Round
Lake Boulevards.
Herb Perrv. Local 01 I - presented copIes of a sketch plan to
. subdIvIde the parcel, statIng It would be dIvIded Into two parcels as
needed for mortgage purposes. The drIveway would be wIdened as agreed
to by the CouncIl In the SpecIal Use PermIt.
DIscussIon was on the mInImum sIze of a NeIghborhood BusIness zone.
Counc I I had no problem wIth the subdIvIsIon as long as the overall
sIze of the NB zone Is not reduced. They also gave conceptual
approval of the sketch plan as proposed, notIng the CIty EngIneer wIll
calculate the amount of the park dedIcatIon fees.
AWARD BID/86-26/SUPERAMERICA
Mr. DavIdson revIewed theIr recommendatIon to approve the low bId for
the watermaln project for Superamerlca even though the low bId was
consIderably over the engIneer's estImate. He revIewed reasons the
bIds are hIgher than estImated notIng that has been the case In
smaller projects such as thIs. He also recommended approval because
he dIdn't feel rebIddIng the project would make that great of a
dIfference In the bIds receIved. Plus there Is the urgency of needIng
the water before sprIng, and that could not be possIble If It were
rebId.
MOTION by Lachlnskl. Seconded by Orttel, a ResolutIon acceptIng bIds
and awardIng contract for the ·Improvement of Project No. 86-26 for
watermaln In the area of Bunker Lake boulevard from Undercllft Street
to Round Lake Boulevard as prepared (awarding contract to S. J. LouIs
ConstructIon for $32,478.13) (See ResolutIon R199-86) Motion carrIed
unanImously.
JUNKYARD LAND ACQUISITION
Attorney HawkIns revIewed his November 24, 1986, letter regardIng the
proposal to acquIre the MarIan HeIdelberger property on Bunker Lake
Boulevard as part of the Tax Increment FInancing project. Mrs.
Heidelberger has asked for $270,000 for her property plus the City to
pay for the assessments. The appraised value for undeveloped property
In surroundIng cIties Is about $30,000 per acre. Based on that, he
did not recommend acceptance of the proposa I .
Mr. HawkIns also reported he has talked wIth other property owners In
the area, some of whom have expressed an Interest. At thIs point he
felt that a lot of money Is beIng spent on appraIsals, but It appears
the property owners feel their land Is worth considerably more than
what the appraisals show. He asked for some dIrectIon at thIs poInt.
Regula. CIty Council Meeting
Decembe. 2, 1986 - Minutes
Page 6
(Junkya.d Land Acquisition, Continued)
Ms. Heldelbe.oe. - objected to the City not offe.lng he. anything
fo. he. house. She stated she has about 9 ac.es, .eallzlng she will
have to have the p.ope.ty su.veyed to dete.mlne the exact ac.eage.
She would need enough money to buy he.self a house and pay he. son fo.
his po.tlon of the business. Plus she needs enough Income to II ve on
since she now depends on he. business to suppo.t he.. She wou I d need
$150,000 but would be willing to accept a note fo. the .est.
Counc II .ecessed at this time, 9:25; .econvened at 9:42 p.m.
Counc II felt this was not the p.ope. fo.um to negotiate the pu.chase
of p.ope.ty. Ms. Heldelbe.ge. ag.eed to meet with the Atto.ney,
Councilman Lachlnskl, and M.. Sch.antz to discuss the matte.. Counc II
ag.eed to discuss It again at the special meeting set fo. Decembe. 9.
It was also ag.eed an ove.all plan fo. the tax Inc.ement financing
plan should be p.epa.ed which would show the lots, .oad I ayou t , etc.
M.. Davidson stated thel. fl.m Is able to do such plans, ag.eelng to
have a cost p.oposal fo. doing so by Tueday's meeting.
PUBLIC WORKS
F.ank Stone, Public Wo.ks Supe.vlso., .equested app.oval to acqul.e a
11ft t.uck to use Inside the shop. The cost Is $1,200 fo. a used one,
stating the funds a.e In the budget.
MOTION by Knight, Seconded by O.ttel, that we allow F.ank (Stone) to
pu.chase a fo.k 11ft at a cost of $1,200 fo. the Public Wo.ks
Depa.tment, funds to be coming out of the cold sto.age budget. Motion
ca..led unanimously.
DISTRICT 11 SCHOOL SITE
Mayo. Wlndschltl .epo.ted the school dlst.lct has asked If the City
would p.efe. they look at the t.ee fa.m prope.ty .athe. than at the
City-owned (Laptuda) p.ope.ty, asking fo. Council dl.ectlon. From his
conve.satlons with school .ep.esentatlves, he didn't feel the.e was
much willingness on thel. pa.t to pu.sue the southe.n county p.ope.ty
site any fu.the..
The gene.al consensus of the Council was If the county p.ope.ty site,
which Is stilI the City's p.efe.able location, Is not chosen by the
school dl stLl ct , then the second choice would be on the Clty/Laptuda
p.ope.ty. The Mayo. felt the best p.ocedu.e fo. getting app.oval to
.un the sanlta.y sewe. line to that location would be to make a
definite proposal to the Metropolitan Council and MWCC showing the
staged development plan which has been ag.eed to. Counc II ag.eed to
have the Mayo. exp.ess the City's p.efe.ence to the school dlstLlct.
Regular City Council Meet i ng
December 2, 1986 - Minutes
Page 7
HANSON BOULEVARD RIGHT OF WAY
Mayor Windschitl reported he has spoken to Wally Arntzen regarding the
right of way needed for the Hanson Boulevard project along Ward Lake
Drive. Mr. Arntzen asked for $7,500, but he would then take care of
his own trees and landscaping. The Mayor noted a previous proposal
was that the County woud move some trees, plant new ones, and do some
landscaping.
There was a lengthy discussion on the proposal, not! ng that in general
the other property owners along Ward Lake Drive would prefer to
donate the easement rather than have it acquired by the City but then
assessed for it. A concern raised by the Council was whether the
other property owners would still agree to donate easement knowing one
person would be compensated for his.
Discussion was also on the different effects the project would have on
various properties, the funding needed if all the parcels were
acquired, and on the need to proceed in a timely fashion in order to
have the easements by the 1987 construction season. Mr. Schrantz
explained his proposal for using the $46,000 in the fund from MSA
maintenance if necessary for easement acquisition, but to take the MSA
designation off the road and assign it to a road where the City could
draw needs.
In an effort to resolve the situation, it was finally agreed to
propose a negotiated settlement with the residents along that portion
of the project on Ward Lake Drive. The settlement would be that Mr.
Arntzen would be compensated for the easement needed from his property
with the understanding that all other easements needed along that
portion of the project on Ward Lake Drive would be donated. Counc ii
acknowledged that the eminent domain proceedings should continue
along the alignment from County Road 20 to the existing Ward Lake
Drive.
MOTION by Lachinski, Seconded by Elling, that we authorize the City
Attorney to offer Wally Arntzen $7,500 to purchase the property needed
for the Hanson Boulevard improvement project on Ward Lake Drive on the
condition that he can receive waivers from all the other property
owners who are giving their property to the City for the proJect; that
waiver would acknowledge the fact that Wally (Arntzen) is getting paid
and that they would not have any further claims against the city for
their property. And if there are any dissenters, that we proceed with
the condemnation of the property. Motion carried unanimously.
IP86-19/DEHN'S POND
Counc il agreed to table this until al I open items are resolved. Mayor
Windschitl asked for a motion.
MOTION by Knight, Seconded by Elling, to so move. Motion carried
unanimously.
Regular City Council Meeting
December 2, 1986 - Minutes
Page 8
ENGINEERING/CHANGE ORDERS
Mr. Davidson reviewed Change Order 2R for Project 85-5, Woodland
Terrace 1st Addition which had not been approved.
MOTION by Orttel, Seconded by Elling, that we approve Change Order
No. 2R for Project 85-5, Woodland Terrace 1st Addition, In the amount
of $1707. Motion carried unanimously.
Mr. Davidson then reviewed the change order for the relocation of the
watermaln access to the 12-lnch watermaln In Bunker Lake Boulevard for
Project 86-4. Hidden Creek 1st Addition, In the amount of $2,559.
Mayor Wlndschltl asked for a motion.
MOTION by Elling, Seconded by Lachlnskl, to so move. Motion carried
unanimously.
RECEIVE FEASIBILITY STUDY. ORDER PUBLIC HEARING-87/3
Mr. Davidson reviewed the feasibility report and the map for the
development area and the sanitary sewer service assessment area,
noting the areas for proposed assessment and development for the years
1987-1990, 1988-1990, and 1990-2000.
Counc II agreed the Watt's Garden Acres area should be designed
1987-1990. Also, that portion west of Crosstown but north of Coon
Creek should be changed to 1990-2000, and the area around Shady Knoll
south of Coon Creek would be designated 1987-1990.
MOTION by Lachlnskl, Seconded by Elling, setting the public hearing
for sanitary sewer service and assessment areas to the year 2000 for
January 14 at 7:30 p.m. at the Andover City Hall. Motion carried
unanimously.
Mr. Davidson also reviewed the feasibility report for water,
suggesting the Council consider a change In polley and assess the area
charge now but collect the connection charge as the property develops.
The proposal Is also to assess sanitary sewer against the specific
properties on the dates scheduled as shown on the map.
Counc II agreed to exclude Watt's Garden Acres from the public hearing
In January because that hearing was held previously.
MOTION by Knight, Seconded by Elling, a Resolution receiving
feasibility report and calling public hearing on Improvements of
sanitary sewer and watermaln, Project No. 87-3 as presented (Public
Hearing to be held on January 14, 1987) (See Resolution R200-86)
Motion carried unanimously.
Regular CIty CouncIl MeetIng
December 2. 1986 - MInutes
Page 9
APPROVAL OF CLAIMS
MOTION by KnIght, Seconded by Orttel, to pay claIms Checks Number
11941 through Check 12028 for an amount of $145,973.23. MotIon
carrIed unanImously.
CLERK/TREASURER POSITION
CouncIl agreed to refer the matter of separatIng the Clerk/Treasurer
posItIon and appoIntIng ShIrley ClInton as Treasurer and VIckI Volk as
Clerk to the Personnel CommIttee. It was also agreed to dIscuss the
1987 salary schedule for cIty employees at the December 9 specIal
meeting.
ST. ANTHONY BANK DEPOSITORY
MOTION by Orttel, Seconded by Lachlnskl, a ResolutIon desIgnatIng
supplemental deposItorIes of CIty funds for Investment purposes only,
as proposed. (See ResolutIon R201-86) MotIon carrIed unanImously.
CREEKRIDGE ESTATES/GRADING ESCROW
MOTION by Orttel, Seconded by Lachlnskl, that we return the escrow
of $20,000 to Carlson/Dropps for Creekrldge Estates gradIng escrow.
MotIon carrIed unanImously.
ANOKA COUNTY BUSINESS ASSISTANCE NETWORK PROPOSAL
CouncIl questIoned whether Andover would receIve $9,000 worth of
benefIt from the BusIness Assltance program. No actIon was taken on
thIs Item.
LOWER RUM RIVER WATERSHED/COON CREEK WATERSHED BOUNDARY CHANGE
MOTION by Orttel, Seconded by EllIng, approve a Resolution
concurrIng In a petItIon for a boundary change between the Coon Creek
Watershed DIstrIct and the Lower Rum RIver Water Management
OrganIzatIon as prepared. (See ResolutIon R202-86) MotIon carrIed
unanImously.
AWARD BID/COMPUTER
Mayor Wlndschltl stated he has scheduled a meetIng wIth IBM for next
Tuesday to go over the proposal. He wanted to see how the bId from
one of the major computer companIes would compare wIth those receIved.
If It Is comparable, actIon can be consIdered on the bIds. If not,
consIderatIon may be gIven to rebIddIng the specIfIcatIons.
MOTION by EllIng, Seconded by KnIght, to table the awarding of the
computer bIds to the next meetIng. MotIon carrIed unanImously.
Regula~ City Council Meeting
Decembe~ 2, 1986 - Minutes
Page 10
PARK BOARD/SALARIES
MOTION by Elling, Seconded by Knight, to autho~lze the Pa~k Boa~d
Membe~s be paid $15 pe~ meeting and the ChalLman $20 peL meeting.
Motion caL~led unanimously.
APPROVAL OF MINUTES
Novembe~ 20 and Novembe~ 18. 1986: Co~~ect as w~ltten.
MOTION by Elling, Seconded by Knight, to app~ove the Novembe~ 20
special and Novembe~ 18 ~egula~ meetings. Motion ca~~led unanimously.
MOTION by Elling, Seconded by Knight, to adJou~n. Motion caL~led
unanimously.
Meeting adJou~ned at 11:30 p.m.
Respectfully submitted,
\\~h"~~' c,::~~L
Ma~ ella A. Peach
Reco~dlng Sec~eta~y