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HomeMy WebLinkAboutCC March 17, 1987 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 17, 1987 - AGENDA 7:30 P.M. l. Call to order 2 . Resident Forum 3 . Agenda Approval 4. Discussion Items a. Wayne Sticha Variance b. T.F. James Company Amended Special Use Permit c. T.F. James Company Variance d. Gaughan Companies Lot Split e. Kensington Plaza Special Use Permit * f. Lot Division/Russell-Stack Addition *g. Land purchase/Bever/CDBG 5. Staff, Committee, Commission a. Sprinkling System Standards/l & 2 Family Homes b. Replacement Signs/Public Works c. Assessment Abatement * d. Andover Auto Parts License *e. Site Q Landfill Consultant Selection 6. Non-Discussion Items a. Award Street Sweeping Bid b. Approve Plans & Specs/Order Ad for Bids/87-3A *c. Set Special Meeting w/Attorney/3-31-87-0ak Bluff 7 . Approval of Minutes 8. Approval of Claims 9 . Adjournment *Not on published agenda CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 17, 1987 MINUTES The ReguJar Bi-Monthly Meeting of the Andover City Counci] was called to order by Mayor Jerry Wlndschltl on March 17, 1987, 7:30 p.m., at the Andover City Hal I, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: EJ] lng, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins: TKDA Engineer, John DavIdson; PlannIng and ZonIng CommIssIon Cha i rman, Maynard Ape I ; City Clerk, Victoria VoJk; and others RESIDENT FORUM Don Emmerich. 2439 South Coon Creek Drive - commented on the police protection currently in the City. He stated he has been a resident of Andover for about 20 years: but since the first of the year he has had four breakins. In the ]ast two years he has lost $15,000 worth of equipment, which only raises the prices of the houses to everybody. He felt with the increasing growth of the city that the area of police protection needs to be addressed. He suggested either getting more help, hiring investigators, or starting a city police department. AGENDA APPROVAL It was suggested Item 4h, Set Date/Community School Annua] Meeting, be added to the Agenda. MOTION by Knight, Seconded by EJllng, to approve the agenda. Motion carried unanimously. WAYNE STICHA VARIANCE Chairman Apel reviewed the Planning Commission's recommendation to approve the variance request of Wayne Sticha to vary from the 10-foot side yard setback for an accessory building. He explaIned the accessory building Is a 180-square-foot portable building set on landscape logs next to a cyclone fence. Also, the neighbors have no objections to It. MOTION by Lachinski, Seconded by Orttel, a ResolutIon approving a variance requested by Wayne Sticha for the side yard setback for an accessory building located at 2835 135th Avenue NW, with an additional WHEREAS, the adjoining neighbor has gone on record as being in support of this. (See Resolution R031-87) Motion carried unanimously. Regular City Council Meeting Minutes - March 17, 1987 Page 2 T. F. JAMES COMPANY AMENDED SPECIAL USE PERMIT Chairman Apel reviewed the Planning Commission's recommendation to approve an Amended Special Use Permit requeted by the T. F. James Company for the expansion of their gas pumping facilities at the Speedy Market property. There wi I J be no changes in the amount of underground storage, only in the pumping capacity. RIchard Kvanbeck. T. F. James Companv - reviewed a site plan of the property and explained the proposed relocation and expansion of the pumping facilities. He stated they have an option to purchase the adjoining piece of property to the north to allow for additional parking and to put an addition onto the building. They propose opening a video store next to the Speedy Market Store. Mr. Kvanbeck noted a correction in the number of pumpIng hoses. TheIr proposal Is to have a multi-product fueling dispensary with two islands of four fueling statIons, for a total of 24 hoses. A canopy wi II be installed over the fueling islands. The existing fuel tanks wi II be used and they are not planning to add any more storage tanks to the property. Mr. Kvanbeck also stated the Anoka County Highway Department has recommended there be one driveway coming onto Crosstown Boulevard. They would abandon the present driveway to Crosstown Boulevard and have one further to the north. They also plan to tap into the City's water line presently on Crosstown Bouelvard. Mayor Windschitl informed Mr. Kvanbeck of the fencing requirement along the back side of diagonal cedar or combination berming and fencing. MOTION by Knight, Seconded by Orttel, a Resolution approving an Amended Special Use Permit requested by the T. F. James Company for the expansion of gas pumping facilities at the Speedy Market, 13725 Crosstown Boulevard NW, as presented with the exception that the third WHEREAS would read: 4 fueling stations and 24 hoses; also contingent upon one of the driveways on Crosstown being closed. (See Resolution R032-87) Motion carried unanimously. T. F. JAMES COMPANY VARIANCE Chairman Apel reviewed the Planning Commission's recommendation to deny the variance request of the T. F. James Company to vary from the landscape requIrement of a 20-foot depth along al I streets. The CommissIon felt the 20 feet of green area was necessary for protection and visibility at that in tersecti on. The Commission felt the parking as shown was more than adequate with the requIred landscaped area; but they also recommended a reduced parking stal I size be allowed, which would allow even more parking. Regular City Council Meeting Minutes - March 17, 1987 Page 3 (T. F. James Company Variance, Continued) Mr. Kvanbeck - stated there is additional green because the asphalt area would come withIn 10 feet of their right of way for both county roads, and there Is 30 feet between the property line and the shoulder of the road. So there would be approxImately 40 feet of green area from the traveled portion of the road to their parking lot. They have requested a 10-foot varIance because they feel it Is important to maintaIn a good flow of traffIc through the facIlity by elIminating confusion and congestIon. They would like to move the parkIng stalls to the south 10 feet and open up an area for passing between the parking stalls and the pumping facility. MOTION by EllIng, Seconded by Knight, a Resolution denyIng a varIance requested by the T. F. James Company for landscape requIrements on the property located at 13725 Crosstown Boulevard NW, as presented. (See Resolution R033-87) DISCUSSION: Counci lman Knight expressed concern for the safety of pedestrians In that area, especially because of the park across the street. Councilman El ling asked about the bermlng on the Intersection. Mr. Kvanbeck stated they are also concerned about the lIne of sight on that corner, and they are lookIng at elimInating the bermlng there. He asked what options he has I f theIr variance request Is denied. Counc i 1 noted the ARC Committee can address the question of traffIc flow through the facIlity and make a recommendatIon to the Council. Motion carrIed unanImously. GAUGHAN COMPANIES LOT SPLIT Chairman Apel reviewed the Planning Commission's recommendation to approve the lot spIlt requested by the Gaughan CompanIes with a variance for lot width of 278.5 feet Instead of the requIred 300 feet. Jav Johnson representlno the Gauohan Companies - explained the 2 1/2 acres being split off requIres a variance so the back lot I I nes cou I d be straight, feelIng It would be better. for development in the future If the lot lines matched. MOTION by EI ling, Seconded Lachinskl, a Resolution approving a lot split requested by the Gaughan Companies for property described as PIN 32 32 24 24 0001. (See Reso]ution R-34-87) MotIon carried unanimously. KENSINGTON PLAZA SPECIAL USE PERMIT (Mayor WlndschitJ stepped down to the audience for this Agenda item. Acting Mayor Orttel conducted this portion of the meetIng.) Regu]ar City Council Meeting Minutes - March 17, 1987 Page 4 <Kensington Plaza Special Use Permit, Continued) Chairman Apel exp]ained the proposal to develop the Kensington Estates plat as a PUD with residential lots and a Neighborhood Business area. The Planning Commission recommended approva] of the Special Use Permit, generaJ1y feeling it was an agreeable method of developing the property because it allows the City greater control over the development. Jerrv Wlndschltl. developer - stated the request was for a PUD on the area encompassed by the Kensington Estates plat. The Planning Commission chose to address the two pieces separateJy. The plat Is not ready for action this evening because several items remain to be comp1eted. It was his understanding he had to have a site plan with the request for the PUD, which he had. To his know]edge, no variances will be needed. Councilman EI]ing felt more detailed plans and information should be provided before acting on the Neighborhood Business proposal. Mr. Windschitl stated he tried to address all the issues and provIded what was needed in compliance with the ordinance. His request was for a PUD In an R-4 district. Attorney Hawkins stated the Specia] Use Permit can be approved as presented subject to certain conditions such as bringing in the plat that incorporates the landscaping, site plan tied to the plat, etc. MOTION by Lachinski, Seconded by Knight, a Resolution approving a Special Use Permit for the development of a planned unit development in Section 27 32 24 requested by Gerald and Carol A. Windschitl, with the condition that the Kensington Estates plat is approved, and record the site plan that was brought in wi th the approva I . <See Reso]ution R035-87) DISCUSSION: Acting Mayor Orttel summarized the intent is to approve the concept of a PUD on the property incorporating the site plan provided. The plat approval wi II be forthcoming. VOTE ON MOTI ON: YES-Kn i ght, Lachinski. Orttel: PRESENT-EJ 1 ing; ABSTAIN-Windschitl. Motion carried. <Mayor Windschitl chaired the remainder of the meeting.) LOT DIVISION/RUSSEL-STACK ADDITION Jane Peterson - stated they wou]d like to build a house on a lot in the Russel I-Stack Addition, but there is no record of the lot ever being sp] it off from the larger parce] behind it. She asked that she be allowed to file the document to record the lot. Regu]ar City Council Meeting Minutes - March 17, 1987 Page 5 <Lot Division/Russel]-Stack Addition, Continued) Counc I I discussion was this property was originally divided when it was part of Ramsey and c]early the intent was to split off the lot from the larger parcel behind It. It was also noted the property was assessed as a lot for the street Improvement project. MOTION by Knight, Seconded by Orttel, that we allow the owner to record Lot 23S, address 16339 Zuni Street, as a bu i I dab I e lot, as per the Certificate of Survey dated March 17, 1971, by LeRoy H. Winner and Associates. <See Resolution R036-87) DISCUSSION: The attorney was asked to review the abstract and Certificate of Survey which Ms. Peterson presented. The motion was voted on later in the meetl ng. SET DATE/COMMUNITY SCHOOL ANNUAL MEETING MOTION by Elling, Seconded by Orttel, to set April 9, 7:30 p.m., Crooked Lake School, as the meeting with the Community School. Motion carried unanimously. SPRINKLING SYSTEM STANDARDS/l & 2 FAMILY HOMES Ray Sowada, Fire Marshal, asked the Council's opinion as to whether the adoption of Ordinance 63 includes adoption of NFPA 13-D, standards for the installation of sprinkler systems In one- and two-family dwellings. If so, then the Fire Marshal should be inspecting the insta] lations of these sytems to see that they meet code. He stated I t is not his intent to require sprinkler systems in residential dwel lings, only to Inspect them to see that they meet code If such inspections are a] lowed under the ordinance. Counci I discussion noted they didn't consciously vote for the sprinkler system code, asking if there have been updates to the code. And if so, have they been presented to the Council for consideration, because normally such updates need to be readopted. Discussion turned to protecting the City's water supply If sprinkling systems are Installed In a building. Counc i I agreed to the installation of a back flow valve when the water meter Is installed. The qua] I ty of the vaJve was discussed, with Frank Stone, Public Works Supervisor, indicating he would check on this further with TKDA. MOTION by Lachinski, Seconded by El ling, that we approve the proposed standard for Andover residential sprinkJer systems to require back flow valve, dated 3-12-87 and as submitted here tonight. Motion carried unanimously. Regular City Council Meeting Minutes - March 17, 1987 Page 6 (Sprinkling System Standards/l & 2 Family Homes, Continued) Discussion returned to the question of the NFPA 13-D code for residential sprinkler systems. Councilman Elling noted this will not matter i f the proposed State legislation is passed making the Installation of sprinkler systems mandatory In residential housing. Mayor Wlndschltl asked for a motion to refer the matter to the City Administrator, the Fire Marshal, and the Fire Chief for further research and an opinion on the question. MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously. AVFD/PHONE LINE Councilman Elling recommended adding two more lines to the City Hall phone system, with one of them directed to the Fire Department, at a cost of $65 per line. Mayor Winds chit I suggested Inquiring about the possibility of the Fire Department line not automatically ringing when the rest of the City Hall lines are full. MOTION by Knight, Seconded by Orttel, to authorize two more lines into the building with one of them to the Fire Station. Motl on carried unanimously. ANDOVER AUTO PARTS LICENSE Fire Marshal Ray Sowada stated everything is In order except for the potholes in the road which the manager had said would be filled in. Mayor Windschitl asked for a motion approving the Junkyard License for 1987 for Andover Auto Parts contingent on the payment of the attorney's fees incurred on this junkyard and the filling in of the holes in the roadway. MOTION by Elling, Seconded by Lachlnskl, to so move. Motion carried unanimously. LOT DIVISION/RUSSELL-STACK ADDITION. CONTINUED Attorney Hawkins stated he could find nothing that Indicates the lot was split off from the larger parcel, assuming the Certificate of Survey for that parcel was never filed. Therefore, this Is not a lot of record, but the Counc I I can vary from the provisIon of the ordinance where this would be heard before the Planning Commission If It so chooses. Regular City Council Meet I ng Minutes - March 17, 1987 Page 7 (Lot Division/Russell-Stack Addition, Continued) Counc II again noted the intent clearly was that it was to be a bu i I dab I e lot. Given the special circumstances of this parcel, it was felt it would not be necessary to have the I tem go to the Planning Commission. Counc i I agreed to approve the fill ng of the Certificate of Survey for the lot. Motion (made previously in the meeting) carried unanimously. LAND PURCHASE/BEVER Counc i I noted the purchase of properties within the tax increment financing district would not be done with CDBG funds, directing the Administrator to indicate to the County that the CDBG funds for 1987 would be used for residential redevelopment in the Nordeen Addition. Attorney Hawkins reported on the appraisals received for the Bever and Sonterre properties in the Tax Increment Financing commercial redevelopment area along Bunker Lake Boulevard. After some discussion, It was generally agreed the Attorney should continue efforts to acquire the Sonterre property. It was felt the appraisal on the Bever property was quite high, questioning whether there are two buildable lots as the property stands as determined by the appraiser. Comment was made the Bever property should be acquired only if a more reasonable price can be negotiated. Counc i I recessed at 9:08: reconvened at 9:20 p.m. REPLACEMENT SIGNS/PUBLIC WORKS Frank Stone, Public Works Supervisor, explained the need for replacement signs. He recommended the bid be awarded to Earl F. Anderson even though they were slightly higher per name plate because of the better quality of the signs. MOTION by Knight, Seconded by Orttel, that we authorize Public Works the proposed sign replacement at a cost of $3,056.20 to Earl F. Anderson Company, transferring approximately $400 from 210 Operating Supplies to Street Signs. Motion carried unanimously. AWARD STREET SWEEPING BID MOTION by EllIng, Seconded by Knight, that we would allow the Public Works Department to hire AJlied Blacktop Company at the rate of $51 per hour for street sweeping for 1987. Motion carried unanimously. Regular City Council Meeting Minutes - March 17, 1987 Page 8 APPROVE PLANS & SPECS/ORDER AD FOR BIDS/87-3A Mr. Davidson reviewed the plans and specifications for Project 87-3A for watermain and sanitary sewer along Bunker Lake Boulevard. He also suggested bidding the project of the storm sewer overflow for the Red Oaks ponds at the same time. MOTION by Lachinski, Seconded by Orttel, a Resolution approving Final Plans and Specifications and ordering advertisement for bids for Project No. 87-3A for watermain and sanitary sewer and the Red Oaks ponds storm sewer overflow project. (See ResolutIon R037-87) Motion carried unanimously. ASSESSMENT ABATEMENT MOTION by Elling, Seconded by KnIght, that we abate the special assessments for the property at 3423 135th Avenue NW for 1987. Motl on carried unanimously. SITE Q LANDFILL CONSULTANT SELECTION Councilman Elling explained the request to approve the two firms selected by a joInt commIttee of Coon Rapids and Andover regardIng the Si te Q landf ill site. They are recommending the firm of Eugene A. HICKOK and Associates be hIred to provide the technical Information and Holmes & Graver (Charles Weaver) to provIde the legal expertise. Counc i I generally agreed with the recommendatIon. SET SPECIAL MEETING/ATTORNEY AND OAK BLUFF MOTION by Lachinskl, Seconded by Elling, to set March 31 for a closed meeting at 7:30 p.m. wi th the Attorney on the Hay lawsuit and with John Burke on the Sonsteby case; and a Special Ci ty Counci I meeting open to the public with Nedegaard at 9 o'clock. Mot i on carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 12438 through 12496 for a total of $118,867.86. Motion carried unanimously. Regular City Council MeetIng Minutes - March 17, 1987 Page 9 APPROVAL OF MINUTES February 26. 1987. SpecIal Meetinq: Correct as written. MOTION by Orttel, Seconded by EJlIng, that we approve the MInutes for February 26 as written. MotIon carried unanimously. March 3. 1987. Reoular MeetInq: Page 1, change CouncIlmen Absent to None. MOTION by Orttel, Seconded by LachinskI, that we approve the Minutes of March 3 as wrItten wIth the change the KnIght was present. Motion carried unanimously. MOTION by Lachinski, Seconded by KnIght, to adjourn. Motion carried unanImously. Meeting adjourned at 9:45 p.m. Respectfully submItted, 1\\c~=C( ,~~l Ma~cella A. Peach Recording Secretary