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HomeMy WebLinkAboutCC November 15, 1988 ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular city Council Meeting - November 15, 1988 Agenda 7:30 P.M. 1. Call to order 2. Resident Forum 3. Agenda Approval 4. Approval of Minutes 5. Discussion Items a. Woodland Creek Special Use Permit b. Red Oaks Manor 6th Addn. Rezoning c. Red Oaks Manor 6th Addn. preliminary plat d. Ordinance 8 Amendments e. Mashuga Driveway Discussion f. 6. Staff, Committee, Commission a. Commercial Park Discussion, cont. b. Anoka County Leg. Coalition c. Approve Authorization/Traffic Study/ Coon Rapids Development d. Community Service Officer Discussion 7. Non-Discussion items a. Approve 'No parking' Resolution b. Accept Work/Timber Trails c. Accept Easements d. Approve Extension/Kensington Est. Pre. plat e. Declare costs/Order Hearings 8. Approval of Claims 9. Adjournment ,:~..c . C}\ i' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ., . - REGULAR CITY COUNCIL MEETING - NOVEMBER 15. 1988 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was cal led to order by Mayor Jerry Wlndschitl on November 15, 1988, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover. Minnesota. Councilmen present: ApeJ, EI I lng, Kn i gh t , Orttel Councilman absent: None Also present: City Attorney, Wi I I iam G. Hawkins; TKDA Engineer, John ROdeberg: Assistant City Engineer, Todd Haas: City Planner, Jay Blake; City Administrator, James Schrantz: and others RESIDENT FORUM Jerry Green and Tony Emmerich. developers of Hil Is of Bunker Lake - explained In their development two different polices are being used for street lighting, which causes neighbors to be paying two different amounts. They thought they had an agreement with Anoka Electric In July, 1987, for the entire development where Anoka Electric would finance, Instal I and maintain the lights, and bl I I the City. The City would then bl I I the residents along with the sewer and water charges. It was done like that In Phases 1 and 2; however, In Phase 3 they were told the policy had changed, which In turn causes a different rate to be charged the residents. They have a problem with that. asking the Counc I I to address It. The Counc I I explained that Anoka Electric Is now considering Its third policy change since their original agreement. This polIcy wi I I be addressed by the AEC Board on November 17. Under this policy, the developer wouJd pay for the Installation, and the energy costs would be billed to the City and passed on to the property owners. After discussing the situation further with Mr. Green and Mr. Emmerich. It was agreed to wait until after the November 17 AEC Board meeting to see what is done with the policy being proposed by their Staff. If Mr. Green and Mr. Emmerich stilI want to stay with the first option for the remainder of the HI I I s of Bunker Lake development, the Council agreed to help plead their case. AI Hamme I . Oak Bluff Addition - explained the Council amended the ordinance last March which prohibits like dwellings within a 300-foot radius of each other. Using a map of the development, he showed the large Impact the radius requirement has. He stated he would have no problem If it was 300 feet of street frontage, but a 300-foot radius could mean as much as 700 or 800 feet of street frontage apart, feeling that Is excessive. Council discussion recalled the intent was to prohibit like dwellings within 300 feet of street frontage, not radius. It was agreed to add this Item to the Agenda. -. . ., - Regular City Council Meeting November 15, 1988 - Minutes Page 2 AGENDA APPROVAL It was suggested the fol lowing Items be added: 5c 1, Community School; 5f, Rescind Motion on Council Appointment; 5g. Hire Cy Smythe to Review Labor Contract; 5h, Ordinance Amendment - Hammel; 51, Extension of Vacation - Schrantz; 5j, Northern Mayors AssocIation; 5k. Update on Hazardous Waste/Constance Boulevard. MOTION by Knight, Seconded by ApeJ. to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES MOTION by Orttel, Seconded by Knight, to approve the November 1 Minutes as written. Motion carried unanimously. WOODLAND CREEK SPECIAL USE PERMIT MOTION by Knight, Seconded by Elling, a Resolution approving a Special Use Permit as requested by Woodland Development Corporation to allow the construction of a permanent structure in a flood area. as presented. (See Resolution R262-88) DISCUSSION: Mr. Blake stated he has received the letter from the engineers stating the building wlJI not be a detriment to the flood area. Motion carried unanimously. RED OAKS MANOR 6TH ADDITION REZONING MOTION by Elling, Seconded by Apel, an Ordinance amending Ordinance No.8, the Zoning Ordinance of the City of Andover as presented for Red Oaks 6th Addition. Motion carried unanimously. RED OAKS MANOR 6TH ADDITION PRELIMINARY PLAT MOTION by Knight, Seconded by Apel, a Resolution approving the preliminary plat of Red Oaks Manor 6th Addition. (See Resolution R263-88) Motion carried unanimously. COMMUNITY SCHOOL Melanie DeLuca, Community School Coordinator, reviewed her memo to the Mayor and Council on the proposed 1989 budget. She explained the additional salary Is for a 30-hour assistant coordinator to work with the youth and adult programs out of the Andover School. It is an additional amount of approximately $8,000. Ms. DeLuca also asked that $960 be al located out of the 1988 budget for this position to plan the program which begins In January. Regular City Council Meeting November 15, 1988 - Minutes Page 3 (Community School, Continued) Ms. DeLuca also stated they will be doing a needs assessment with the Park Board to determine I f the summer program needs to be changed. No changes have been made to the budget for the summer program because that assessment has not yet been done. MOTION by Orttel, Seconded by Apel, that we approve the budget for the 1989 Community School In the amount presented by Melanie DeLuca on 11-15-88; and In addition. that we authorize $960 out of the 1988 bUdget to allow the hiring of the assistant coordinator In the 1988 calendar year. Motion carried unanimously. MASHUGA DRIVEWAY DISCUSSION Mayor Windschltl thought there were other driveways along Crosstown Boulevard that were considerably larger than what Mr. Mashuga Is requesting. Mr. Rodeberg stated the only other one is that of Tom May, and that was made larger because of his second lot. Because It I s d I ff i cu I t to get to the storage shed In the back of his lot or to the second lot, it was decided to make one larger driveway rather than two smaller ones right next to each other. Dale Mashuqa - stated he has a storage shed in the back too, which Is also more difficult to get to because the ditch was removed when the road was widened. So he felt his situation is slmlllar to Mr. May's. Mr. Rodeberg realized there was an error on the part of the curbing contractor; however, the county Jetter Indicates an 18-foot driveway for a secondary access Is greater than what Is recommended. The county recommends closing the county access whenever a city street exit is available. He felt the driveway Is within the requirements of the county. If access Is needed to the back yard, it Is a Ilgltlmate problem that shouJd be dealt with. Mr. Mashuga stated the access onto Crosstown really becomes tne primary access in the winter because the other access Is too steep to get up. Mr. Schrantz presented copies of an Apr I I 15, 1980, letter to the Building Official from Paul Ruud, County Engineer, agreeing to the constructIon of a garage located within 30 feet of county right of way on the conditIon that the access onto Crosstown is obI Iterated. Mr. Schrantz suggested the Minutes be researched to determine what action the Counc II took on that recommendation. MOTION by Apel, Seconded by Knight, that we table this Item until the next meeting and get that information that Jim Schrantz was talking about and make a final decision at the next meeting. Motion carried unanimously. Regular City Council Meeting Novembet' 15, 1988 - Minutes Page 4 RESCIND MOTION ON COUNCIL APPOINTMENT MOTION by Orttel, Seconded by Apel, to rescind the motion made at the last meeting on the Council appointment. Motion carried unanimously. MOTION by Orttel, Seconded by Knight, that we Initiate advertising fot' the future vacancy on the Council seat and note that we close that the last week In Decembet' with an eye towat'd selecting shot'tly after the flt'st of the year. Motion cat't'ied unanimously. HIRE CY SMYTHE TO REVIEW LABOR CONTRACT MOTION by Orttel, Seconded by Knight, that Mt'. Cy Symthe be contt'acted to review the labot' contt'act after receiving a proposal for the estimated cost of the t'eviewal. Motion carried unanimously. ORDINANCE 19 CHANGE - HAMMEL Attorney Hawkins recommended the following change to Ordinance 19J at the end of Section 2a: ".. .whlch is within 300 feet of the lot upon which the structure Is located. The 300-foot restriction shalJ be determined by measurement along the street upon which the structure fronts." MOTION by Orttel, Seconded by Apel, introducing that as Ordinance 19K, an ordinance amending Ordinance 19J. Motion carried unanimously. EXTENSION OF VACATION - SCHRANTZ Mayor Windschltl explained Mr. Schrantz needs authorization to cat'ry two days of vacation Into December. MOTION by Elling. Seconded by Apel, to so move. Motion carried unanimously. UPDATE ON HAZARDOUS WASTE - CONSTANCE BOULEVARD Mr. Schrantz expJained all the hazardous waste barrels have been removed ft'om the property at 155 Constance Boulevard and is being housed at the county shop until it can be moved out of town. One person has been chat'ged with 16 felony counts for falsifying records on the transport of hazardous waste. Thet'e wet'e 400 bat'rels, plus a tank and a truck filled with solvents. They do not believe anything was dumped on the gt'ound, so thet'e shouldn't be any pollution. , ., Regular City Council Meeti ng November 15, 1988 - Minutes Page 5 (Update on Hazardous Waste - Constance Boulevard, Continued) Councilman Orttel was frustrated that he had complained over a year ago about the unsightly area on that property, but nothing was done. There has also been a strong chemical smell in that area. d'Arcy Bosel I, Zoning Administrator, stated she did view the site, wrote to the owner, and received a response about 10 days ago that the trail ers would be removed. The barrels were not visible from the road and the tanker was not on site when she viewed it. She stated she received no complaints regarding chemical smel Is. No further Council action was taken. ORDINANCE 8 AMENDMENTS Planning and Zoning Commission Chairperson Marge Perry reviewed the Commission's recommended Zoning Ordinance amendments. It em 1 adds the definition of "Undue Hardship" to the ordinance. Item 2 brings the ordinance Into agreement with the Comprehensive Plan regarding terminology. The words "thoroughfare" and "Major Arterial" would be changed to "Arterial". It also changes the setbacks along arterial roads In the R-4 district from 40 to 50 feet. Counc i I thought the decision of arterial versus thoroughfare or major arterial and establishing a 40-foot setback from these roads In the R-4 zone had recently been decided and discussed. It was generally felt there are few Instances In the R-4 zone that would be affected; as in new plats, houses aren't allowed to face arterial streets. The Intent was once the fu I I right of way had been taken, a lesser setback would be allowed. Chairperson Perry explained Item 3 changes the notification period for special use permits from seven to ten days prior to the public hearing. Item 4 requires public notice of neighbors within 350 feet of a variance request. Presently the ordinance does not require notification for variance requests. Mayor Wlndschltl said the present theory Is if the neighbors on either side of the variance agree, It would be granted, noting many variances do not affect anyone beyond the Immediate neighbor. He wondered whether a more elaborate notification system Is needed for variances. Chairperson Perry stated they often hear from people who were not aware of a variance being approved because they were not notified. Counc II discussed the proposal to require notification of neighbors for variance requests. One concern was that of variances that may be needed within a very short period of time, and notification Is a lengthy process. A suggestion was that those variances that would impact an area beyond the adjoining neighbors should require notification, and those should be specifically listed. Regular City Council Meeting November 15, 1988 - Minutes Page 6 (Ordinance 8 Amendments, Continued) Chairperson Perry explained Item 7 sets a prescribed time an item wi II be on the Council agenda once it has been referred by the Planning Commission. Chairperson Perry stated many of the variance requests in the R-4 area are the result of larger houses in the smaller lots. That is why they are recommending an increase In the lot width and In the sldeyard setback. Mayor Wlndschitl felt the problem with the 6-foot sldeyard setback Is occurring on the 90-foot lots where the larger houses are desired, not on the 80-foot lots. Counc i I also felt the developers have the option of Increasing the lot size, as there Is no maximum lot width. Councilman Orttel pointed out an increase in the minimum lot width raises the cost of the lot: and since most people only have so much to invest, the value of the house would be less. The City gets Its revenue from the house valuation: therefore, that could mean less revenue for the City and more costs Involved for street and utility maintenance. Rather than Increasing the minimum lot width, he suggested requiring more open/green space for passive actlvites and wi Idl ife; because as more houses are built, people may want that open space. Jerry Green stated the variances in Hills of Bunker Lake were not as a resu I t of the 80-foot lots nor the 6-foot sldeyard setbacks, but were because the builders didn't place the bulJdlngs in the right place. Mayor Windschltl felt most of the new plats have had larger sized lots and that there has been very little difficulty with the minimum lot size. Council then reviewed the proposed ordinance changes Item by item: Section 3, 3.02 Definitions: Counc i I agreed to the addition of Undue hardship. Secti on 4, 4.15 Setbacks along Arterials: The general consensus was not to change the setback requirement, but leave It 40 feet In the R-4 zone along thoroughfare streets. Counc II also thought the definitions had been adjusted previously, asking that Mr. Blake research it further and make a recommendation. Section 5, 5,02: Counc i I generally agreed with the proposed amendment except to add section (D) (3) , asking the Attorney to draft a provision to allow the Council to vary from the proposed time table at Its discretion. '_0' Regular City Council Meetl ng November 15. 1988 - Minutes Page 7 (Ordinance 8 Amendments, Continued) Section 5, 5.03, (C) (5) : It was agreed to leave the wording In the existing ordinance plus add the proposed addition to read: "The report of the Planning Commission shall be placed on the agenda of the City Council at Its next regular meeting following referral from the PJanning Commission, but not later than 90 days after the applicant has submitted the application In the following manner:" Section 5, 50.3, Add Section (c) : Counc i I asked that the Attorney draft a provision to allow the Councl1 to vary from the proposed time tab1e at Its discretion. Section 5.04 (2): Counc I I agreed to delete the proposed amendment requiring notification for variance requests, noting very few variances are granted, the procedure has worked well In the past, and generally not wanting to add more red tape to the process. Section 5.04, Add (c), asking the Attorney to draft a provision to al low the Council to vary from the proposed time tabIe at its discretion. Section 5.04 (4) and (5): Council agreed with the proposed amendments. Section 51.04 (6) : Counc i I agreed with the concept but asked that the the section be rewritten for greater clarity. Sectl on 6, 6.02, Minimum Requirements: Counc i I disagreed with the proposed amendments for lot area, Iot width, and sideyard setback, preferring to leave the ordinance as It exists. MOTION by Orttel, Seconded by Knight, that this item be tab1ed untl1 we get It rewritten based on the changes made this evening and reviewed by the City Attorney. Motion carried unanimously. Counc i I recessed at 9:17: reconvened at 9:25 p.m. NORTHERN MAYORS' ASSOCIATION Mr. Schrantz reviewed the goals and structure of the Northern Mayors' Association. Andover's membership dues would be $2,704 for membership and $4,947 to participate in the Joint Powers Economic Development Authority. The Association would lobby for the north side. Mayor Windschltl felt this organization could help with the transportation issue, but questioned the benefit it could be to Andover for economic development. He also noted there are other groups that w11] be doing simlllar activities that may be more beneficial to I\noka County cities. Counc i I agreed to table the Item to al low for further study. MOTION by Elling, Seconded by Apel, to table this item. Motion carried unanimously. , ., - Regular City Council Meetl ng November 15, 1988 - Minutes Page 8 COMMERCIAL PARK DISCUSSION Mr. Blake reviewed the information he gathered concerning the marketi ng of the lots in the Andover Commercial Park. After discussing the various options. the Counc II generally agreed with the policy used by various other cities of al lowing any realtor to sel I the lots. pay the commission, and have the Staff promote and advertise the Park. Attorney Hawkins also noted there are some TIF funds available for promotion, though he didn't have the exact amount at this time. MOTION by Knight, Seconded by EI ling, that we adopt the Coon Rapids format for marketing the CommerciaJ Park as well as our own Staff working on this, and that we have a proposed budget brought back to us for approva I . Motion carried unanimously. ANOKA COUNTY LEGISLATIVE COALITION Mr. Schrantz explained several Anoka County cities are forming an 'Anoka County LegisJatlve Coalition', proposing to hire CharJes Weaver and Ron Jerick to lobby for issues that concern member communities. Andover's share of the funding would be $4.800. Counc i I discussion was that this organization may focus more on Anoka County's and Andover's problems than the Northern Mayors' Association, partlcularJy the fiscal disparl ties issue. They asked to see a copy of the Joint Powers Agreement prior to taking action. MOTION by Apel. Seconded by EJling, that we table this until we get a chance to review the Joint Powers Agreement and any other data that we have available. Motion carried unanimously. APPROVE AUTHORIZATION/TRAFFIC STUDY/COON RAPIDS DEVELOPMENT MOTION by OrtteJ, Seconded by Apel. the traffic study be conducted by TKDA for the area in Woodland Terrace adjacent to Coon Rapids medium density development. DISCUSSION: Mr. Schrantz stated Coon Rapids has no problem closing the streets off between Coon Rapids and Woodland Terrace. Mr. Rodeberg understood the information Is avalJable and the study Is essentially done except for its typing. He said he wi I I try to get I t to the City by Friday morning. Counc II aJso questioned the cost of the report, feeling It Is very high since all the figures are already available. Mr. Rodeberg stated he wi I I get the actual numbers on what It cOsts to do the study. Councilmen Apel and Orttel WITHDREW the Second and the Motion, agreeing to walt for the bi I I and the report at the same time. Regular City Council Meeti ng November 15, 1988 - Minutes Page 9 COMMUNITY SERVICE OFFICER DISCUSSION Mr. Blake reviewed the information gathered on Community Service Officer positions In Coon Rapids and Blaine as reported In his November 15, 1988, memo to the Council. There are hidden costs In this position because they are provided with uniforms, radios, and a patrol car. Councilman OrtteJ stated the Zoning Admlnlstt'ator in Coon Rapids is ecstatic about the success of the program. He asked to have this researched strictly for nuisance abatement such as junk cars, Illegal businesses, etc. . and would not be working with the police department. There would be the cost of a vehicle, but he felt It wou1d be a benefit to have another marked car In the City during the day. There would be no training other than becoming familiar with the ordinances. Councilman Orttel felt it would be a part-time position to take care of code enforcement, which Is a problem In the City. After discussing the matter further, Councilman Orttel asked the Counc 11 to contact the Zoning Administrator in Coon Rapids. The Counc II also asked the Staff to provide a proposed budget for such a position to be discussed at the budget meeting on November 22. NON-DISCUSSION ITEMS MOTION by Orttel, Seconded by EJJlng, to approve Non-Discussion Items 7a, b. and c as presented. (See the following: R264-88: "No Parking" Resolution R265-88: Accept Work/Timber Trails Accept Easements for MSA projects (Heltemes, Magnuson, Reynolds) Motion carried unanimously. (Mayor Wlndschitl stepped down to the audience for the foJlowing portion of the meeting) APPROVE EXTENSION/KENSINGTON ESTATES PRELIMINARY PLAT MOTION by Ape I , Seconded by Knight, that the Counc i I grant the request to extend the remainder of the Preliminary Plat of Kensington Estates as requested by Jerry and Caro] Wlndschltl. Motion carried on a 3-Yes, I-Present (EI ling), I-Not Voting (Winrlschitl). Regular City Council Meeting November 15, 1988 - Minutes Page 10 DECLARE COSTS/ORDER HEARINGS MOTION by Elling. Seconded by Knight. Resolution declaring cost and directing preparation of assessment roll for the Improvement of sanitary sewer, watermain. streets and storm sewer for Project No. 87-2, Hil Is of Bunker Lake, as presented. (See Resolution R266-88) Motion carried on a 4-Yes. 1-Not voting (WindschltJ) vote. MOTION by Elling. Seconded by Knight, a Resolution declaring cost and directing preparation of assessment roll for the Improvement of sanitary sewer. watermain. streets and storm sewer for Project No. 87-22. HII Is of Bunker Lake 2nd. (See Resolution R267-88) Motl on carried on a 4-Yes. I-Not voting (Windschitl) vote. MOTION by Knight. Seconded by Apel, a Resolution adopting the assessment roll for the Improvements for ProJect 87-2, HI I I s of Bunker Lake. (See ResoJutlon R268-88) Motion carried on a 4-Yes. I-Not voting (Wlndschltl) vote. MOTION by Knight. Seconded by Apel. a Resolution adopting the assessment rol I for the Improvements for ProJect 87-22, HIIJs of Bunker Lake 2nd, as presented. (See Resolution R269-88) Motion carried on a 4-Yes. I-Not voting (Wlndschitl) vote. MOTION by Apel. Seconded by Knight. to adopt a Resolution declaring cost and directing preparation of assessment roll for the improvement of watermain. sanitary sewer, storm drain and streets for Project No. 87-8, Kensington Estates. (See Resolution R270-88) Motion carried on a 3-Yes. I-Present (Elling). I-Not voting (Windschitl) vote. MOTION by Ape I. Seconded by Knight, a Resolution declaring cost and directing preparation of assessment roll for the Improvement of watermaln. sanitary sewer. storm drain and streets for Project No. 87-25. Kennslngton Estates II. (See Resolution R271-88) Motion carried on a 3-Yes. I-Present (El ling). I-Not voting (Wlndschitl) vote. MOTION by Knight. Seconded by Apel. a Resolution adopting the assessmen t ro II for the improvement of watermain. sanitary sewer. storm drain and streets for Improvement Project 87-8. (See Resolution R272-88) Motion carried on a 3-Yes. 1-Present CEIling). 1-Not votl ng (Wlndschltl) vote. MOTION by Knight, Seconded by Apel, a Resolution adopting the assessment roll for the Improvement of watermaln. sanitary sewer. storm drain and streets for Improvement Project 87-25 for certification. (See Resolution R273-88) Motion carried on a 3-Yes. I-Present CEiling). 1-Not voting (Wlndschltl) vote. Regular City Council Meeting November 15, 1988 - Minutes Page 11 (Declare Costs/Order Hearings, Continued) MOTION by Ape I , Seconded by Knight, the applicants of Hills of Bunker Lake 1 and 2 and Kensington Estates 1 and 2 have waived their right to an assessment hearing under the 429 Statute. Motion carried on a 4-Yes, I-Not Voting (Wlndschltl) vote. (Mayor Wlndschltl chaired the remainder of the meeting.' APPROVAL OF CLAIMS MOTION by Knight, Seconded by Elling, to approve Claims Check Numbers 15554 through 15679 for a total amount of $443,711.37. Motion carried unanimously. MOTION by Elling, Seconded by Apel, to adjourn. Mot! on carr i ed unanimously. Meeting adjourned at 10:22 p.m. , Respectful)Y¿Ubml~ <\~ (~'\ £~ Ma cella A. Peach Recording Secretary