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HomeMy WebLinkAboutCC November 3, 1987 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 3, 1987 - AGENDA 7:30 P.M. l. Call to order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Revocation of Special Use Permit/Tonson, Cant. b. Vacation of Easement/Penstar Builders, Cant. c. Ordinance 8 Amendment (Industrial Districts) d. Robert Brunswick Variance e. Water Hookup Policy f. Extension/Rum River Ranch Estates 5. Staff, Conunittee, Commission a. John Bergh Land Use Discussion b. Award Bid/Pickup Truck c. Authorize Bidding of Truck, Plow, Wing, Sander d. Authorize 1,550,000 G.O. Bond Sale *e. Schedule Work Session 6. HRA Meeting 7. Non-Discussion Items a. Award Bids/87-6/Commercial Park b. Award Bids/Hawk Ridge Park 8. Approval of Minutes 9. Approval of Claims 10. Adjournment ~' ( ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 ~ ~.-.~ '1~~.-.!'",:_,,:- REGULAR CITY COUNCIL MEETING - NOVEMBER 3, 1987 MINUTES The Regular BI-Monthly MeetIng of the Andover CIty Council was called to order by Mayor Jerry Windschitl on November 3, 1987, 7:30 p.m., at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, MInnesota. Councilmen present: Apel, Ell ing, Knight, Orttel Councilmen absent: None Also present: City Attorney, WillIam G. HawkIns: CIty EngIneering TechnicIan, Todd Haas; City Planner, Daryl Morey; PlannIng and ZonIng Chairperson, Marge Perry; ZonIng Administrator, d/Arcy Bosell; Public Works Supervisor, Frank Stone; Ci ty Administrator, James Schrantz: and others AGENDA APPROVAL Discussion was on Item 4a, RevocatIon of Special Use Permit/Tonson, noting the motion to revoke the permIt at the October 20 meetIng faIled on a 2-2 vote. Attorney HawkIns advIsed if the Counc i I wishes to reconsider the revocatIon, a motion must be made by the prevailing side or by the Councilman who was absent at that meeting; and the process of notIfication, etc., must be done agaIn. Counc i I also revIewed the November 3, 1987, letter to the Mayor from Joseph Pavelich, Chairman of the Minnesota Waste Management Board, suggesting the revocation of the SpecIal Use Permit would more than likely delay the abatement of the tIre dump. Ms. Bosell indIcated Mr. LaPanta has saId if the permIt Is revoked, they would be off the site loll thin 30 days. Ceci I Heldelberqer - stated they cannot remove the machine from the site because it is in lit i ga t Ion. He also alleged no tires are beIng removed from the pIle, but more are beIng brought in and piled up; and Mr. LaPanta wants to get paid for pIlIng the big tires on one grid. Mr. HeIdelberger saId he has to go to court whenever he wants his lease payment. He felt the only way to get the tires in the back cleaned up would be to shut down the front operatIon of incomIng tIres, accusIng LaPanta of not intending to clean up the big tires. Because there was no motion to reconsider the revocation of the Tonson Special Use Permit, the Item was deleted from the Agenda. It was also agreed to add Item 4g, Easements/Crosstown. Mayor Windschitl asked for a motion to approve the Agenda as amended. MOTION by Orttel, Seconded by EllIng, to so move. MotIon carrIed unanimously. Regular City Council Meeting November 3, 1987 - Minutes Page 2 VACATION OF EASEMENT/PENSTAR BUILDERS. CONTINUED Mr. Schrantz briefly reviewed the drawings done by Hakanson Anderson, Inc., to change the location of the pondlng area on Lot 4, Block 4, Woodland Ridge. Dennis Biornqleld - stated the drawings are slightly different than those presented at the October 20 meeting. It was found it will not be necessary to go as deep as he had originally thought. The end effect wi II be a widening of the current elevation. They wIll not be digging any deeper. There are no trees In that area, so no trees will be elIminated. Carl ? 13641 173rd - noted there Is a 50-foot power line easement . along the back side of the lot. He was concerned about the water running over that lot. He stated he Is not objecting, but It is changing the contour of the land, which he didn't feel should be done. Mr. BJorngJeld stated it wi I I remain 14 feet above the water table, and the only time there is water standing there is when the frost goes out. The object is so they don't have to cut down the trees to build the house. The house would be built adjacent to the fill area. The vacation of the easement and moving the location of the pondlng area allows them to locate the house In the open area without having to cut down any trees and away from the neighboring houses. MOTION by Elling, Seconded by Apel, that we approve the vacation of the PenStar Builders for Lot 4, Block 4, Woodland Ridge as presented and revised, and that no trees be cut down because of the filling of the grade changes. (See Resolution R226-87) Motion carried unanimously. ROBERT BRUNSWICK VARIANCE Chairperson Perry reviewed the Planning Commission's recommendation to deny the request to vary from the one-foot overhang on a dwelling basically because it Is not a hardship created by the characteristic of the land. Mr. Brunswick's building plans were approved with the notation that one-foot overhangs were required; however, apparently the house was built using a different set of pJans that did not have that notation. Therefore the house was constructed without the overhangs. Counc II also noted Mr. Morey's memo that following the approval of the plans, the Council amended Ordinance 8 so the one-foot overhang would not be requIred if the style of the house dictates otherwise and If the plans are approved by the BuIlding Official. Robert Brunswick - showed pictures of the house. Regular City Council Meeti ng November 3, 1987 - Minutes Page 3 <R. Brunswick Variance, Continued) Counc I I man Ape I felt had this come In after the ordinance was changed, It would have been approved. He didn't think It was rJght to admonish this resident because he happened to build before the change. MOTION by Elling, Seconded by Apel, to approve the variance request of Robert BrunswJck as presented from Ordinance 8, Section 8.23, the reason being that the ordinance changed and Jt now complies. (See Resolution R227-87) Motion carried unanimously. ORDINANCE 8 AMENDMENT - INDUSTRIAL DISTRICTS Mayor WindschJtl questioned the elimination of the def ini tion for General Manufacturing, feeling that is the heart of an industrial park. He was concerned that some industries such as those which need to test theJr components outsJde, would not be al lowed under the new zone. Ms. Bosel I explained only the definition for genera I businesses that emit objectionable and offensive influences beyond the lot on which the use is located is being deleted. Limited Manufacturing remains which allows basically the same types of busJnesses if they are not offensive. ThJs proposal also combines the LI and GI Into a new Industrial zone which allows lJmJted manufacturing but not the heavier industrial uses. CouncJlman Elling questioned why retail trade and servJces would require a special use rather than allowed as a permitted use. Mr. Morey stated it has always been that way, explalnJng the rationale for wanting to maintain compatlbJ I J ty between uses wi thin the zone. By keeping it a specJal use, the CI ty Is better able to determine the type of cllentel and determJne whether it is compatible with other businesses attracted to that area. He recommended keeping retail trade and services as a special use. Councilman Elling stated though the use is sti II allowed, Jt becomes a lengthy process to get something that should be permitted. M. R. Olson - is opposed to changing the ordinance. In his case, J t is taking hJs property without due process or Just compensatJon. He cannot use It for the same things as when It was under the General Industrial zoning. Councilman Orttel felt a lot of development along Bunker Lake Boulevard would be more retail type uses, though possibly that can be control led during the platting process. Mr. Morey stated If the retal I were allowed as a permitted use in thJs zone, the zone would be almost identical to the General Business zone. Regular City Council Meeti ng November 3, 1987 - Minutes Page 4 (OrdInance 8 Amendment - IndustrIal Districts, Continued) Ms. Bosel I also reviewed the phIlosophY the staff has been following whIch was indIcated at a specIal meeting of the P & Z and Council. That was the first tier lots on the south sIde of Bunker Lake Boulevard would be less than industrial, and the second tIer that front the InterIor road to be more Industrial. Though the area was not zoned that way, that Is sti 11 the though process beIng used. That does impact Mr. Olson's property. Councilman EllIng noted Mr. Olson's present operation would be grandfathered in. CouncIlman Orttel said the thought was the owners would get more for their lots if they were retail, and the City would encourage that during the plattIng process. Counci Iman Apel stated the only things that will not be allowed on Mr. Olson's property under the amendment would be urban and rural agricultural uses, miscellaneous Industry, and refuse, trash or garbage dIsposal. All other uses wi I 1 be allowed in the new Industrial zone. In further dIscussion, the defInition of miscellaneous Industry was noted, and those are still allowed and have been put into the ordInance. Mr. Olson - stated he would be losing the ability to have the industries the Mayor mentIoned under General Manufacturing. Councilman Orttel noted other sections of the Ordinance do not allow most of those businesses anyway because of the offensi ve influences. Mr. OJ son - stated there was a chance for the City to get a refrigeratIon company but he lost that sale because the staff said it would not be allowed. He felt with these changes, it would be even more restrIctIve. Mayor Windschltl asked If the industrial zone as proposed would allow a masonary company. Counc I J generally felt It would be allowed, though a permit would be required for any outside storage. MOTION by Elling, Seconded by Apel, introducing an Ordinance amending OrdInance No. 8, the Zoning OrdInance of the City of Andover as presented, combIning the General Industrial and Light IndustrIal districts Into one Industrial dIstrict. Motion carried unanimously. WATER HOOKUP POLICY Counc i I dIscussed the staff's concern about the security of the water system and the policy of requiring a meter and remote reader when a water service line is Installed Into an existing structure and hooked to a watermaln where the servIce can be charged. ReguJar City Council Meeting November 3, 1987 - Minutes Page 5 (Water Hookup Policy, Continued) Mayor Wlndschltl stated the exception on Crosstown Boulevard is Roman Przezdzieckl, where the City allowed him to Instal J the water meter because of the problems with the State Health Department in putting in anewweJI. But the city water Is not being used and Mr. Przezdziecki is not being billed for the utility. Mr. Schrantz stated residents want to hook up to the curb box so they don't have to dig up their yards again. There Is no time table in whIch they must hook up to munIcipal water. He also noted one resident's request to hook up In the street and run the pipe to the house, but he does not want the meter. Mr. Stone was concerned that by allowing someone to hook up to the curb box, there Is the potentiaJ of contamination to the system from the unused line. If the meter Is in the house, he felt the City should be charging the resident at least the basic rate for maintaining the hydrants, etc. After further discussion on suggestions to this issue, I twas generally agreed to leave the policy stand as is. And if residents want, they can run the line to their house with a meter, but they cannot hookup to the curb box If they do not plan to use the system. If it Is hooked up at the curb box, then the resident will be bi lIed. MOTION by Orttel, Seconded by Apel, that the Counc il recognizes that in the case of Roman Przezdziecki that he was allowed to charge the water line and have a meter Installed without becoming a user of the sytem or paying a minimum fee due to the fact that he had very expensive case well put In because of the requirements of the Minnesota Health Department at the time when his original well fa I led: and, therefore, the Counc i J would alJow him time to get use out of the expensive well before he hooked up and begins paying a water user fee. Motion carried unanimously. EXTENSION/RUM RIVER RANCH ESTATES Mayor WindschltJ asked for a motion to grant an extension for a period of six months for the Rum River Ranch Estates plat. MOTION by Orttel, Seconded by Knight, to so move. Motion carried unanimously. EASEMENTS/CROSSTOWN PROJECT Attorney Hawkins reviewed his October 29, 1987, Jetter regarding the purchase of easements for Project 87-3. Regular City Council Meeting November 3, 1987 - Minutes Page 6 (Easements/Crosstown Project, Continued) MOTION by Orttel, Seconded by El ling, that we authorize payments as follows for Project 87-3: for Pamela A. Hedstrom and Richard T. Hedstrom, Jr. In the amount of $1,050: for Emil Paul Wicht, Betty Lou Wicht, Marvin I. Nelson, Evelyn M. Nelson and County of Anoka for $1,600; for Ralntree Realty, Inc., and County of Anoka, $1,040: for Kenneth J. Hell, Callie Lou Hell and County of Anoka, $1,040; for Thomas J. Adler, Marlene Adler and County of Anoka, $1,040; and for Robert P. Mack, Ardell M. Mack, Gaughan Land, Inc., and County of Anoka, $3,056. DISCUSSION: Councilman Elling requested the Council review the assessment policies at a work session. Motion carried unanimous]y. JOHN BERGH LAND USE DISCUSSION Mr. Schrantz reported the proposed plan by John Bergh of Merila & Associates to develop the Melvin Roth property immediately north and west of the UPA substation. A portIon of that property Is zoned General Buslneses, asking the Council's reaction to rezoning it to multiples. Mayor Wi ndsch it I . though t the Counc i I Is on record for leaving the zoning in that area as is. It is part of the overall industrial park, and he was not in favor of taking any more land out of commercial zones, thinking the City is already short of such zones. He felt changing the zone in that area would destroy the industrial park on the north side of Bunker Lake Boulevard. Councilman Elling expressed an interest in looking at the possibility of a multiple zone, thinking it would provide a buffer between the residential and commercial areas. Staff was directed to discuss this further with the owner of the property regarding their development and what the City is proposing for the industrial park. SIGNALS AROUND THE SHOPPING CENTER Counc i I felt with the opening of the shopping center, the traffic is such that the signals at 140th and Round Lake Boulevard and Bunker Lake Boulevard and the shopping center should be installed as soon as possible. MOTION by art tel, Seconded by Knight, that the Council direct staff to contact Anoka County in regards to getting the signalization done in the vacinity of Bunker Lake Road and County Road 9 as soon as possible; Round Lake and 140th and Bunker Lake Boulevard and the Shopping Center. Motion carried unanimously. Regular City Council Meeting November 3, 1987 - Minutes Page 7 AWARD BID/PICKUP TRUCK Mr. Stone reported the low bid was from Blaine Dodge for $14,103.70; however, if possible, he would prefer a Ford pIckup, which was bId by Art Goebel Ford for $14,713. The Attorney advIsed the Council must award to the lowest responsible bidder. MOTION by KnIght, Seconded by Ape I , that we accept the bid for a Dodge pIckup from Blaine Dodge in the amount of $14,103.70. MotIon carried unanImously. Mr. Stone also asked for authorization of $700 for a ~adio for this truck to come from the 1987 budget. MOTION by Orttel, Seconded by Elling, to so move. MotIon carried unanimousiy. AUTHORIZE BID OF TRUCK. PLOW. WING & SANDER Mr. Stone asked for authorizatIon to send out bids for a truck, plow, wIng and sander. MOTION by Knight, Seconded by Apel, to so move. Motion carried unanimously. AUTHORIZE $1.550.000 G.O. BOND SALE Mr. Hawkins reviewed the figures for the bond sale for various projects. He noted the bid for the Commercial Park came In lower than what was estImated; however, the SuperAmerlca project was inadvertantly not funded. Those two are about a wash, so the bond would stIll be for $1,550,000. He also explained thIs Includes the portion the CIty Is carryIng for the county, approximately $337,000. ThIs will be a temporary bond issue, called In 1989 or funded permanently In 1990. Mr. Hawkins asked for authorIzation to go out for bIds, with the sale to be held on December 1. MOTION by O~ttel, Seconded by Elling, a Resolution approving the solIcItatIon for bids for General ObligatIon Temporary Improvement Bonds, SerIes 1987B In the amount of $1,550,000. (See ResolutIon R228-87) Motion car~ied on a 4-Yes, I-Present (Windschitl) vote. Mr. Hawkins also noted the fundIng for the Sonterre property and all platting costs have been coming out of the Gene~al Fund. He asked if the Council wishes to sell General ObligatIon Taxable Tax Increment Bond to ~etmbu~se the Gene~al Fund. It would be between $200,000 to $300,000, depending on whether the Bever property Is acquIred. Council agreed the General Fund should be reimbursed and recommended Mr. Hawkins begin the procedure to sell the bond. Regular City Council Meeting November 3, 1987 - Minutes Page 8 SET DATE FOR WORK SESSION It was suggested the Council meet for a special work session on Tuesday, November 24, 1987. MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously. Council briefly recessed for an HRA meeting, 9:30 p.m.; reconvened at 9:33 p.m. AWARD BIDS/87-6/COMMERCIAL PARK MOTION by Orttel, Seconded by Knight, a Resolution accepting and awarding bids for the Improvement of Project No. 87-6 for Improvements watermaln, sanitary sewer, streets and storm drainage In the area of Andover CommercIal Park, Phase I and Verdin Street as presented, and note that the low bid is awarded to Anderson Brothers In the amount of $573,445.01. (See Resolution R229-87) Motion carried unanimously. AWARD BIDS/HAWK RIDGE PARK MOTION by Orttel, Seconded by Apel, that we award the bid on Hawk Ridge grading to North Pine Aggregate in the amount of $14,600. Motion carried unanimously. STORM WATER AGREEMENT WITH CITY OF ANOKA (Reference October 26, 1987, letter from Michael J. Scott, Assistant Anoka City Attorney to Mr. Schrantz.) Mayor Wlndschitl stated at a meeting with the City of Anoka Staff and several Councilmembers, the understanding was all areas of Andover would be included In the storm water agreement, as well as that portion of Anoka which drains through Andover; and Andover would pay Anoka $100,000. Now the Anoka staff is saying they will not Include the Chapman's Addition area In the agreement. Mr. Schrantz stated he has not been able to resolve this wIth the Anoka staff. The Anoka City Council discussed this issue at last night's meeting; however, he did not know what action was taken. After discussing the matter, it was agreed Andover would pay the $100,000 when Anoka accepts to the storm water agreement as agreed to at that meeting. Mr. Schrantz is to find out what action the Anoka City Council took last night. Council also agreed the Mayor should work with Mr. Hawkins to draft a letter to Anoka stating this position. Regular City Council Meeting November 3, 1987 - Minutes Page 9 APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Knight, to approve ClaIms Numbered 13545 through 13602 in the amount of $954,053.79. Motion carried unanimously. Motion carrIed on a 4-Yes, I-Present (Wlndschitl) vote. REFUND ASSESSMENT ESCROW/NIGHTINGALE ESTATES 3RD MOTION by Orttel, Seconded by Apel, that we refund the balance of al J unused fees on Nightingale Estates 3rd. Motion carried unanimously. MOTION by Apel, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 9:50 p.m. Respectful!! submitted, L \~~::;;~h\{-i: Recording Secretary