Loading...
HomeMy WebLinkAboutCC September 6, 1988 CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - SEPTEMBER 6, 1988 - AGENDA 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4 . Public Hearing/Vacation of Easement/Good Value 5. Discussion Items a. Revocation of Special Use Permit/Tonson b. woodland Development Sign/Bunker & Marigold c. Handicap Vehicle Permit d. Variance/Lazaraz e. variance/Correll f. Rademacher Special Use Permit/Bill's Superette g. Rademacher Special Use Permit/Kensington Estates h. Rademacher Special Use permit/Hills of Bunker Lake i. Family of Christ Church Amended Special Use Permit j . variance/Olmstead k. Traffic Signal priority 1. Inverse Condemnation & Pollution Liability Coverage m. 6. Staff, Committee, Commission a. Hire planner b. Award Bid/used Telephone c. Schedule Work Session d. Receive Estimated Budget e. Establish Health Board/Appoint Health Officer f. 7. Non-Discussion Items a. Accept Easements b. Declare cost/Order Public Hearings/87-26; 88-2; 88-23 c. Final payment/87-4jWoodridge Acres d. Receive Petition & Order Improvement/Lot 3, Block 4, Hartfiel's Estates e. Award Bid/88-8/01d Colony Estates f. Order Public Hearing/88-20/Bent Creek 8. Approval of Minutes 9. Approval of Claims 10. Adjournment -~.-- ~ - r~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304· (612) 755-5100 '" REGULAR CITY COUNCIL MEETING - SEPTEMBER 6, 1988 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was cal Jed to order by Mayor Jerry Windschitl on September 6, 1988, 7:30 p.m., at at the Andover City Hal I. 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Apel, El J ing, Kn I gh t , Orttel (arrived at 7:57 pm) CouncIlmen absent: None Also present: City Attorney, WIlliam G. Hawkins; TKDA Engineer, John Rodeberg; Assistant City EngIneer, Todd Haas; ZonIng AdmInistrator. d'Arcy Bosel1; CIty AdminIstrator, James Schrantz; and others Mayor Wlndschitl presented a plaque of appreciation to Sergeant Bruce Andersohn for hIs years of outstandIng servIce to the CIty of Andover. RESIDENT FORUM Rosella Sonstebv - had a plat of Dehn's Addition showing land that was dedIcated for a park. She explained the County of Anoka contributed $9,000 to the Ci ty when they put CoRd 116 in that area. She also stated the Minnesota Statutes and City ordinance says all park property and public property such as roads has to be assessed for storm drainage. When the City assessed for the storm drainage proJect in that area, she stated the City did not deduct the $9,000 that was paid from the County, nor did it assess any public roads or the park property. She said something wi II have to be done about that, thinking It should be reassessed to include the public property and to include the $9,000 from the County. Mayor Windschitl stated he was not aware of any circumstances where the City has assessed public roads for storm drainage. Attorney Hawkins did not believe the City shou]d assess public roads for storm drainage, and it has not been a practice in the past. The only issue Is whether the value of the property assessed has increased to the amount of that assessment. Ms. Sonstebv - stated she then believes she wil I have to go to court. She asked what the City did with the $9,000 from the County. Mayor Wlndschitl stated that is a matter of public record, and the Staff can research that If she wishes. Henrv Haluptzok. Ward Lake Drive - stated over the last five or six years there has been discussions on the paving of Ward Lake DrIve. The City has now done the north end of Ward Lake Drive, and the residents would like the CounciJ to consider doing the southern end as - ~.--- - Regular City Council Meeting September 6, 1988 - Minutes Page 2 (Resident Forum, Continued) we.J I with State Aid funds. He presented a petition from the residents, asking that the item be discussed on an Agenda within the next month or two. Mayor Windschltl explained the City wi I I plan next year's construction season once it knows what funds are remaining from this year and what additional funds will be available next year. It was agreed to add this item to the Agenda in about 30 days to discuss it with the residents. Ms. Sonstebv - stated the Statute numbers she was referring to were MN Statute 535.191 and 462-358. She read those statutes, stating the land In Dehn,s was approved as a park and not as a holding pond. AGENDA APPROVAL MOTION by Knight, Seconded by EI ling, to approve the Agenda. Motion carried on a 4-Yes, I-Absent (Orttel) vote. PUBLIC HEARING/VACATION OF EASEMENT/GOOD VALUE Mayor Windschitl opened the public hearing at 7:40 p.m. M.. Haas reviewed the proposed vacation of easement on the south and along the easterly edge. Mayor Wlndschitl was concerned about the vacation of the southerly storm drainage easement. Once the property Is blacktopped, it will force the water to the south along those property owners. He asked if any calculations have been made as to the affect on the first two neighboring properties. M.. Haas stated about 3/4 of the property drains to the south and the other quarter to the north. There will be a 20-foot green space a]1 the way around the property, and the structure cannot exceed 30 percent of the area. John Peterson. Good Va]ue Homes - stated no calculations were done. He expected the site to be graded the same with or without the easement change. They have an engineering certificate that states there is adequate surface water storage capacity In the depressed area, bel ieving the original easement was excessIve. Bi II Mamlock. 2435 136th Lane - stated the recessed area is al I of their back yards. Wi th all the runoff from the building roofs and parking lots and with only 20 feet of green area, there isn't much left . He stated their back yards are too smal I to allow that, noting even wi th the mild winter last year, there was water standing there. NobodY knows how much water will be running through their yards, aSking what would happen if It is a lot of water. He also asked why this wasn't put into a storm sewer. M.. Peterson - explained they were required to maintain part of the ponding area and leave it undisturbed by the Corps of Engineers. . . . ~ Regular City Council Meeting September 6, 1988 - MlnuLl's Page 3 (Public Hearing/Vacation of Easement/Good Value, Continued) Ronald Welael. 13671 Xavls - asked what happens to the excess water during heavy ralnfal I or snowfa I I , M.. Haas reviewed the the drainage from this area as I t eventual II' flows to Coon Creek. It has a I I been designed for a 100-year storm. M.. Mamlock - stated It Is not a big enough grade to allow the water to run to that pond, stating there is no slope. He also questioned 25 percent of the drainage going to the north, as Bunker Lake Boulevard has a hIgher elevation than this property. Mr. Haas stated It appears the slope Is 1/2 percent. He was not sure whether the Corps of Engineers wanted that pond as part of the sedimentation before going south, but the water does have to rise before going to the next pond, Ed Rimkus. 13659 Xavls - asked who pays for the damage I f It doesn't work. He asked that the Counc i I not change anything that will have a negative Impact on them. Don Gallenback. 2449 136th Lane - noted It was designed and the study done for a 70-foot drainage easement. Before changing It, he felt another study should be done. He felt it will all come onto his back yard. Mr. Peterson - stated the request was a formality and has no impact on what they are doing. Because they haven't been able to demonstrate that to the people and they do not have a complete study, he recommended leaving the southerly easement as is. But he asked the Council to address the easement to the east, explaining it wasn't possible to dedicate that easement with the plat because they did not own the property at the time. He asked that the Counci I approve the vacation of the easement on Outlot A and the dedication of a 10-foot easement on the east. Also, along Bunker Lake Boulevard, an easement is needed for roadway, drainage and utility. The County has requested that the word "roadway" be used for that easement. M.. Mamlock - saw the preliminary drawings of the storage tanks going in there, askIng if the exit off Verdin could be moved further to the north away from their properties. M.. Schrantz stated It cannot be moved closer to Bunker Lake Boulevard for traffic and safety considerations. Counc i I noted they have not yet seen the drawings. ? - asked if there are any other options except a gas station for that property. Counc II and Staff noted that can be addressed at the public hearing on the use, notIng that hearIng will be held next Tuesday by the Planning Commission. Dawn AI ¡en. 13667 Xavls - was concerned If Good Value does decide to do a study on the southerly storm drainage easement, that i t wou I d be done by an independent engineer. Counc I ] noted normal II' the City's engineers would do it. ~ . . - Regular City Council Meeting September 6, 1988 - Minutes Page 4 (Public Hearing/Vacation of Easement/Good Value. Continued) M.. Peterson - stated they would not pal' to have such a study done, again noting they would not try to change that southerly drainage easement. CouncIlman EI lIng advised that the legal descrIptIon for the easterly easement begin 10 feet south of the property corner In order to maintain a continuous 10-foot easement along Bunker Lake Boulevlard. MOT ION by Ape I . Seconded by Elling, to close the Public Hearing. Motion carried on a 4-Yes, I-Absent COLt tel) vote. MOTION by E]llng, Seconded by Knight, introducing a Resolution vacating a drainage and utility easement as shown on the Certificate of Survey as presented In yellow and and replacing It with one as shown with red and black, excluding the 70-foot southerly proposed vacation; that the word "roadway" be used on the top as requested by Anoka County. (See Resolution RI97-88) Motion carried on a 4-Yes, I-Absent (Orttel) vote. (Councilman Orttel arLived at this time. 7:57 p.m.) REVOCATION OF SPECIAL USE PERMIT/TONSON Ms. Bosell reported the City of Andover, Anoka County, State of Minnesota, the U.S. Environmental Protection Agency and the Minnesota Pollution Control Agency met today for the purpose of discussing the Tonson site. As part of the discussion, it was observed that the Stipulation Agreement In place has specificaJJy been violated. They have pictures of loading tires from the front processing/receiving area and dumping them on Sites 11 or 12 in the back. She also noted the Fire Department has aerial photographs taken in Mal', and there are photos from August 25 and today. Those photos show a significant change in what is taking place out there, estimating 100,000 tires have gone into the area since the fire, which is a violation of the Stipulation Agreement. Also, the fire lanes around Areas 9 and 10 no longer exist, another violation of the Agreemen t . Cliff Laterno - stated since Tonson has been shut down, he has he has 40-foot trai]ers shut down with no place to take the tires, and others haulers are also at a standstill. He reviewed the problems In the other processIng plants, noting the problem is having no place to haul tI res In the State. He has had continuous meetings with Pollution Control and the Waste Management Board and has been told not only thIs tIre dump Is needed, but one south of the citIes and elsewhere, as the State is Jacking in facilities to handle those tires. He stated they cannot afford to Jose ti re dumps. - -~ .- Regular City Council Meeti ng September 6, 1988 - MInutes Page 5 (Revocation of Special Use Permlt/Tonson, Continued) Counc i 1 noted Andover does not want the tires either, that the City has done It's share with two hazardous waste pIts, one landfIll and one more proposed, and Junkyards. They didn't think Andover should be expected to bear the brunt for the Twin Cities for dumping tires, as there are 97 other munIcipalIties that can be looked at. PossIbly this wi I I force the State of Minnesota to look at the problem in a comprehensIve manner, as it cannot be handled by one munIcIpalIty. The State bill was originally drafted to get rid of the tIre pile in Andover, and It has only added to the CIty's grIef. Mr. Laterno - understood that until the fire, Tonson was in complIance with the Agreement. He questioned the City shuttIng down a business Just because of a fire. Counc II noted there have been on-going problems for years. Ms. Bosell explained some of the things Waste Management is doing to resolve the tire dumping problem. She also stated that Tonson Is not In compliance with the Stipulation Agreement as amended sInce the fire. MIlton LaPanta. President of Tonson. Inc. - stated he attended the PlannIng Commission hearing meeting for the courtsey of the City of Andover and is at this meeting under the advice of his attorney to make himself available for questions. He stated the charges against him by the Staff are totallY false, stating he is prepared to litigate it at any given tIme. He then reviewed events that had taken place in the past: that the City of Andover and Anoka County allowed the tires to be brought In starting In 1952, that officials were run off the property any time they started to do anything, and that statements were made that there is no hazardous waste on that particular property only to find that such barrels were buried. He stated wIth the PCA agreement, the Ci ty Immediately wanted to push them to the Ilmi t to get It cleaned up. He said the tIres had been accumulated over many years, yet the City wanted them gone over night. M.. LaPanta continued noting changes he made when he took over the proJect to provide better workIng conditions for the employees and the progress made on the site such as bringing in water and a bui]dlng. He felt signIfIcant progress was made, and al I he asked the City and County to do were to protect them from people coming in and dumping i Ilega] II'. He said his life was treatened and the threats of violence continue, and since he started there has always been the threat that the pile was going to get burned. M.. LaPanta went on to say he seems to have inherited the problem, but he didn't create the problem, stating "you people did." He said this particular fire was gross neglIgence on the part of the CIty and County. He noted the progress made on the removal of the tires, as it was estimated that in Apri I, 1985, when he took over, there were 1.2 Regu1ar City Council Meeting September 6, 1988 - MInutes Page 6 (Revocation of Specla1 Use Permi, t/Tonson Continued) million tires by November, 1985, there were on]y 559,000. They kept workIng on i t through bad machInery, bad management, and problems from equIpment suppliers and builders. M.. LaPanta stated the tipping fee up front basically supported the operation to clean up the mess back there that "you peopJe created." He expressed dIsgust with the completion date of January, 1989, because he has burned out a lot of employees who worked around the clock to meet that dead I Ine. M.. LaPanta accused the City of wanting to suspend the Special Use PermIt rIght after the fire. He agreed wIth the homeowners In the area and wouldn't want the tire dump there either. But he said he dIdn't do anythIng to create the problem. stating "You people were the ones that caused it in the first place, and now you're asking me to suffer fInancia] loss because there was a fire, a fire caused by the gross negligence on the part of the City and County." M.. LaPanta said he took on the owner when no one else could, as the owner stopped the City, Anoka County and the EPA from comIng onto that land. He asked what is the alternative if he Is shut down. He didn't thInk the tires would be removed any sooner, thinking it probably would take longer. He again stated the charges are false and he wIll I I t I ga t e if he has to. Counci Iman Apel asked why the removed 700,000 in the first sIx months and only 380,000 in the remaIning three years. M.. LaPanta stated the first piles were faster to e1iminate because they were passenger car tires and easier to get at. Once the maJor portion was done, it Is down to hand-pickIng the tires. Because they are predicting a lot of snow thIs year, he ordered the workers to condense some of the smaller piles Into larger piles; and that is what Is taking place out there right now. There are no tires being moved from the front to the back. They are culling the tires where they are hauling tires out, sorting through them, and returning them back. He is in compliance wIth the Agreement that tires are not put back in an area that has been cleaned, as Areas 1, 2, 3, 4, and 5 are totallY clear. Mayor Windschitl asked why anyone would close off fire lanes that would endanger the volunteers. M.. LaPanta stated he was out of town last week and was not aware of the problem. Normally, when a lane is blocked, he goes out there and sees that It gets cleared. He said he wi I 1 look at it tomorrow. Councilman Orttel said there Is no excuse for having the fIre lanes blocked. Ms. Bosell stated the Waste Management Board estimates there Is an additional 100,000 ti res on the site since the fire; and the pictures show the dIfference. She verified that Areas 1-5 are clear. Councilman EllIng stated there has been discussion about securing the sIte to elImInate the illegal dumping and so there would on]y be one way In and out of It. Regular City Council Meet! ng September 6, 1988 - Minutes Page 7 (Revocation of Special Use Permlt/Tonson, Continued) Jack McKelvv. 15327 Nlahtenaale - thought that with 700,000 t! res removed in six months and on]y 300,000 removed in the last three years, It is not suItable to the City of Andover. The obJect of allowing M.. LaPanta here was to get rid of the tires. If he wou] d have done the Job, possibly the City would have allowed him to bring in tires in a clean area for awhile. But the pile doesn't seem to be going down, there is sti I J the chance of fire, and the man isn't doing the Job he is supposed to do, stating the permit should be revoked. Marcv Sparks. Attornev of a resident on that JIves on the side - stated they couldn't even see the road from the back for years and years, having to only Jook at the tires. But from the south looking toward the road, they can now see. He fel t Mr. LaPanta has done the Ci ty a lot of good. She thought he should be given a chance, even if a provisional one-month to see what he can do. Rose]la Sonstebv - thought the City should have had the tire pile cleaned up before the development around it was allowed. Mayor Windschitl explained the removal of the t! res Is a state admInistered system. The Waste Management Board sets the rules and funds the proJect. He dIdn't think the City could deny a property owner the rIght to do somethIng because of what someone else has done. The Good Value develompent of Hidden Creek has nothing to do with the tire pi Ie. There are no tire piles on it. In this case the State stepped in and set up a program to elImInate the tIres and funded It. M.. LaPanta - didn't think the City was getting anywhere by revoking the Special Use Permit. But If that Is how the Council feels, he asked to ca I I for a vote. Patricia Heide]beraer - wanted to contradict some of the things Mr. LaPanta said, stating she was afraid because Mr. LaPanta threatened her again this afternoon. When he first signed the earnest monel' agreement wi th them to purchase the tires and lease the property, their attorney was under the impression they were dealing with an investor, so an Investigation was not done. After they had problems, they did a Judgement check and found out there were many Judgements against hIm, and they wanted to back out of the contract. M.. LaPanta went to court to force them to go through with the contract; so at this point M.. Lapanta could have backed out of the arrangement. Ceci I Heide]beraer - owns the property. Mr. LaPanta did not put a fire lane through the tires, stating he and Mr. Slayback put them in. He also took exception to Mr. LaPanta's statement that Areas 1-5 and the wetland is cleaned up, stating they were c]eaned off but then big tIres were hauled back on It so Areas 1, 2, and 3 are fi1Jed wIth big tires. Mr-s. Sparks Is the attorney for hIs oldest son to whom he gave Regular City CounciJ Meeting September 6, 1988 - Minutes Page 8 (Revocation of SpeciaJ Use Permi, t/Tonson Continued) two acres, stating she didn't have any reason to say the tI res were bothering her. He accused Mr. LaPanta of dumping loads of trash from his construction firm by the land Mrs. Sparks is talking about. M.. Heidelberger then stated he was threatened today by Mr. LaPanta over the phone to not come to the meeting this evening. Me'. Heidelberger stated the Waste Management Board has commItted funds to the cleanup of this site and are ready to haul tires to Babbitt. When the Board first made the agreement with Mr. LaPanta it was for $10 a ton, then it went to $30 a ton, and now he Is negotiating a new contract for $60 a ton. Me'. LaPanta had agreed to pay $270,000 on the tire pile so he could lease the front four acres. He uses the back 10 acres until the tires are off. Mr. Heidelberger specu]ated if Mr. LaPanta had adhered to the agreement reached with Andover and Anoka County to remove three tires for everyone coming in the gate, the entire pile would be gone today. He also said there was no p011ution that bothered Mr. LaPanta, and the machinery was in top shape when Mr. LaPanta took it over. Me'. Heidelberger also said Mr. LaPanta told him he would never get the back 10 acres back to be abJe to use it, seeing to it that It was never cleaned up. Mrs. Sparks - stated she studied the documents very carefully and Tonson was required to watch out for al I barrels so the contents would not be spi lIed. So they did have to watch out for those contaminated barrels; and, yes, it di d affect the business. Secondly, they bought 1.2 acres from Mr. Heidelberger, not 2 acres. The reason tires were put on the road is because Mr. Heidelberger brought in tires Illegally, and the road was blocked to stop it. She alJeged that many, many times Mr. HeideJberger brought In trucks and garbage, and they have Jicense numbers and pictures to prove it. They ca I I ed the Sheriff many times about the problem and were to]d not to hassle M.. Heidelberger because he would burn the tires. Mrs. Sparks also accused Mr. Heldelberger of Just being out for the monel', explaining how he would benefit f I nanc i a III' i f the Tonson permit were revoked and EPA would clean up the site. M.. Heidelberaer - stated all the waste ink and so]vents that came in were done by David Heidelberger, alleging David pumped it for Heid Freidman. M.. Laterno - related an incident of a product increasing in cost because of only one supplier, comparing that to the tire dumps in Minnesota. Babbitt is saying it can take all the tires in the State of Minnesota, yet there is a very long waiting line to get in there to dump, stating they cannot handle it. Ms. Sonstebv - asked If the residents were told there is a contaminated tire place next to their p]aces before they built their houses. Counci Iman Apel feJt that is irrelevant to this issue. Regular City Council Meeti ng September 6, 1988 - MInutes Page 9 (RevocatIon of Specla] Use Permit/Tonson, Continued) M.. LaPanta - stated If the Counc i I feels the tIres can be dealt wi th in a shorter period of tIme than they are doing it, then the permIt should be revoked; but he stated there isn't going to be a faster way because of delays, etc. He stated a prob]em the CouncIl wi II have to deal wi th Is the threats, as In the past there have been many threats of burning the pile. He also noted he had a difficult time obtaining insurance for the operation and was not able to cover anything because of the tIre fires in the past and of the threats. He again ca]led for a vote. Councilman Orttel noted there is a fair amount of radIus between the house in the area and the tires. The property was not developed until city water was available to alleviate any concern about pollutants. He didn't think the tires would be removed more quickly by revokIng the Special Use Permit, but it comes down to how much the CI ty is wi II ing to put up with to get the ti res ou t of there. Councilman Orttel went on to say there are numerous rules by the City, County, and state which are not being adhered to, specifically the safety issue; and the City has to weigh that balance. Though he felt the tires wi I] remain there for a long period of time by revoking the permit, he hoped there would be some way of stopping the inflow of ti res on that site, which is one of his biggest concern. Councilman EI ling noted the concern expressed at this morning's meeting by the MPCA and PCA that the tIres be removed from the site as soon as possible to start cleanup operations. And they are prepared to take action to get rId of those tires. A method of stopping the Inflow of tIres was discussed at I ength at that meeting. MOTION by Elling, Seconded by Knight, a motion to revoke the Special Use Permit of the Tonson Waste Recycling operation as presented In the PlannIng and Zoning CommissIon Minutes, I nc I ude Items 1, 3, and 4 from the August 23 memorandum from the Zoning AdmInIstrator and add that the fire lanes are no longer adequate In al I areas of the site; and note that the motion should state the number of the Special Use Permi t and the fact that it was actual II' granted to Shriptek, Inc. ; and on September 6 the Tonson, Inc., was observed on his site removing tires on the receiving/processing area to the rear of the site again. (See Resolution RI98-88) DISCUSSION: Ms. Sonstebv - understood Councilman Ortte]'s comment about city sewer and water, but she also understands there is city sewer and water next to the landfi II but there are four wel Is in there pumping and treating water and putting it in Coon Creek. Counc i I stated that is not true, that there are eight testing wells put in to see how It affected the hydrology underneath the cap, whIch was a part of the study. Once the tires are off thIs sIte, it wi II be two to three years before any type of cleanup operation will begin on It. MotIon carried unanImously. -. . - - RegulaL City Council Meeting Minutes - SeptembeL 6, 1988 Page 10 WOODLAND DEVELOPMENT SIGN/BUNKER & MARIGOLD Councilman OLttel suggested an oLdlnance amendment aJlowing the installation of signs to Identify the subdivision undeL the diLection of the AndoveL RevIew Committee. The signs would be allowed fOL some peLiod of tIme as long as they are maintained. MayoL Wlndschitl said the oLdinance doesn't allow a Special Use PermIt for this request because signs aLe not al lowed in the right of way. TheLe is no abilIty to VaLl' fLom the ordInance unless the oLdlnance Is amended. He was also concerned with the safety factor of this paLtIculaL sign. stating theLe Is a bJlnd spot. Larv CaLlson. developeL - stated the sign Is located 60 feet off the drIvIng Jane of Bunker Lake BouJevaLd. He dIdn't belIeve there was a blInd spot, and safety Is theiL conceLn also. He showed a pictuLes of the sign and Leviewed the events that took place leading up to this poInt, noting they spent a consideLable amount of tIme desiging the sIgn and dIdn't Lealize theLe was a potential obJectI on. They felt It would be okay because theLe are many beautifuJ entLyway signs in other communities and City Staff was awaLe of theiL intent and neveL Indicated theLe would be a pLoblem. M.. CaLlson stated they showed Ms. Bosell the sketches on FebLuaLY 5 and met again on MaLch 1. They did not official II' request a permit at that time. But he felt If anyone was aware of thelL intentions that they should have been toJ d that it is not in conformance as early as possibJe. If they had been told, they would have wo~ked to confoLm. They have neveL dealt with a sign of this natuLe in any of the otheL subdivisions and they do communicate ful II' and in a timely manneL with the City staff. They pLoceeded to constLuct the sign as was done with othe~ signs, and often tImes the permit comes afteL the fact. Me CaLlson stated they aLe pLoud of the City and theiL InvoJvement. and in this case they aLe tLying to build a veLY, veLY attLactive entLyway going back Into the subdivIsIon. Mr. CaLlson was disturbed about a comment made that they have a bet fOL $150 that they wi J I get theiL sign. If they have been accused of that, they don't know anything about it and would lIke to know who the accuseL is. He said theLe Is no bet and he would not take paLt In such a thIng. He stated It Is very malicious and he takes exceptIon to that. Counc I I agreed, stating they weLe unawaLe of any bet. Me CaLlson stated they dId get a permit for the sign afteL the sIgn was bu i It, thinking they did eveLything rIght. He then pLaised Ms. Bosell fOL heL effoLts in the City and heL expeLtise and professionaJism, Lating heL one of the highest of anyone holding a position in the CIty. Because of her cLedentIals, they assumed the sign was okay. And because of heL credentIals, LatheL than Lisk a maLk on heL caLeeL if she made a mistake, he stated he would teaL the sign down. RegulaL City Council Meet! ng Minutes - September 6, 1988 Page 11 (Woodland Development Sign/BunkeL & MaLigold, Continued) M.. CaLlson stated the sign is 60+ feet off the dLiving lane of BunkeL Lake Bou]evaLd, though it would be closeL if Bunker Lake BoulevaLd Is widened. They weLe waLned about the sight tLiangle, but they thought all that was covered. He though t thLee cars couJd be stacked and all could see. MayoL Windschitl stated the bJind spot is the fact that the sign is almost at the end of the cULb; so if someone is walking across, there is no visual way fOL the caL to see the peLson. Counc i I questioned If theLe weLe any way to extend the cULb mOLe towaLd the fLont OL maLklng the walkway by the fence to incLease the safety tactor. John Rodeberg, TKDA. wasn't sure the cULb could be moved into the county Light of way, though they mal' get peLmlsslon to do so. M.. CaLlson stated it is a peLmanent sign and they had Intended to commit to maintaining it fOL a long time. AfteL that time, the CI ty could take It out i f it wished unless he was willing to continue maintaining It. Councilman Elling was concerned about the Ilabl I I ty issue, feaLlng someone would sue the City If they Lan into the sign. He also felt the maintenance of the sign shouJd have been agLeed to befoLe the sign was put up. Attorney Hawkins stated if it Is aJlowed to Lemain on the Light of way, theLe wouJd have to be some kind of license to a I low the encroachment with some agLeement to hold the City haLmless. Councilman OLttel noted theLe are PLlvately-owned stLuctures on the City's easements such as mailboxes and trees. Discussion was on the oLdinance pLovisions. ML. CaLlson stated he was undeL the impLession the sign location could be allowed undeL Item (H) and (Y) of Section 8.07.5. Councilman OLttel thought some cities assume the maintenance of such signs as an identification of the development aLea, which mal' Lesolve the issue. He didn't think it was a Leal estate sign, as it Is a veLY attLactive sign simply ident! fying the subdivision. OL change Item (Y) of the oLdinance to include Identification signs in developments. Ms. Bosel I stated she has been consistent in heL dealing with Leal estate signs, though she has discoveLed thLough a Lecent discussion with the Attorney that she has not been fol lowing the ordinance. The AttoLney has advised that all such signs requiLe a SpeciaJ Use PeLmlt because they are on pLlvate pLopeLty gLeater than five acres In size, and there should have been an agLeement to deal wi th the sign fOL a two-yeaL peLiod. So In all cases in the past, the signs have been deal t wi th IncoLLectly. She felt the Special Use PeLmit can be consldeLed, whIch would allow the CouncIl to set specIal conditions. The sIgn peLmit was Levoked because it was placed in the right of way. RegulaL City Council Meeting Minutes - September 6, 1988 Page 12 (Woodland Development Slgn/BunkeL & MaLigold, Continued) Councilman OLttel asked If the peLmi ts wi I I then be Levoked fOL all the otheL signs in the City that are in nonconfoLmance. Ms. Bosell felt it would be best to go thLough the Special Use PeLmit pLocess and have the agreement in place Lather than revoke the sign permits. Councilman OLttel again felt it would be bet teL to change the ordinance to al low them subJect to Leview of the ARC committee as part of the platting pLocess. Councilman Elling thought it should be placed In the development agreement and dealt wIth at that tIme. Attorney Hawkins stated one pLoblem Is the oLdlnance Lequires a specIal use permit and two-year agreement for Leal estate signs. On any of these, the liability would be transferred to the applicant and they would Indemnify the City. If the Counc II wants to change the ordinance to al low this types of signs on right of ways, a similiar agreement would be drafted. Another option would be to grant a vaLiance based on haLdship because the City made a mistake by allowing It within the Light of way. And if the variance is granted, theLe would be an agLeement that would indemnify the City and fOL maintenance. Then a pLecedent would not be set to allow such signs in the Li gh t of way in the futuLe. M.. CaLlson asked the Council's opinion of theiL intent to place a fence along the entryway and tLees within the median. It was intended to be attLactive. TheLe is a 90-foot Light of way theLe, which is much wideL than needed. MayoL Windschitl commented the existing oLdlnance does not allow fOL encLoachment on the City Light of way. Counci Iman OLtte I commented unless they become City fences. It is very ornate and could be consideLed a geneLal benefit to the City. It would be the same as the City taking over stLeet lights, etc. It was final II' suggested the AttoLney dLaft an agLeement to hold the City haLmless from liability. It was also fel t it would be unreasonable to al10w such a sign and then teaL I t down in two years as the residents would expect it to Lemain as an identification of their subdivision, but the maintenance Issue must be resolved. It was again suggested the oLdinance should be amended to allow those IdentifIcation sIgns through the plattIng process. as they are not real estate signs per the oLdlnance definition. MOTION by Apel, Seconded by Elling, that we LefeL the Woodland Development sign at Bunker and MaLigold back to the Staff and Mr. Bill HawkIns for review and bring it up again at the next meeting. Motion caLLied unanimously. , - - RegulaL CIty Council Meeting MInutes - September 6, 1988 Page 13 HANDICAP VEHICLE PERMIT Council expLessed conceLn oveL allowing a young child to dLive aLound with an ATV. Ms. Bosell Levlewed heL SeptembeL 6. 1988, memo. Mr. Stafsholt, the motheL, is cognizant of the safety issue; and the MusculaL DystLophy people have consistently said that kids are put into wheelchalLs too eaLly. This pLovldes this child the oppoLtunity to opeLate what would otherwIse be a bicycle. TheLe aLe some Leal safety concerns, though he would dLive to and fLom school for afteL-school activities. The child's mobility Is veLY I imi ted. Attorney Hawkins advIsed to authorize the issuance of a lIcense fOL the use of an ATV would not impose a liabIlity upon the City. Discussion was again about the conceLn of the safety Issue; howeveL, Counc 1 I did not want to Impede the mobIlity of the child. It was agLeed the simpliest would be to amend the existing oLdinance to allow fOL the issuance of a license to opeLate an ATV by the handicapped. MOTION by Elling, Seconded by Knight, that the Planning and Zoning Commission to LeconsldeL the ATV oLdinance and look at modifying that for handicapped pLovisions undeL State law. Motion carried unanimously. VARIANCE/LAZARZ Counc i I geneLal II' felt what is tLylng to be done Is reasonable. MOTION by Elling, Seconded by Apel, to appLove a vaLlance Lequest by Mike Lazarz to allow the building of an attached gaLage to the exIsting house on the pLoperty of 3747 157th Avenue NW. (See Resolution R199-88) MotIon caLrled unanimously. VARIANCE/CORRELL MOTION by OLttel, Seconded by Elling, a resolution appLoving a vaLiance Lequest by Kim and TeLLY CorLel1 at 13791 CLane StLeet NW to allow them to extend thelL deck 10 teet into the side yard setback. (See Resolution R200-88) Motion caLLied unanimously. Counc i I Lecessed at 10:03; Leconvened at 10:12 p.m. (MayoL Windschitl stepped down to the audIence fOL the following thLee Agenda Items. Acting MayoL OLttel conducted this portion of the meeting. ) RegulaL City Council Meeting MInutes - SeptembeL 6, 1988 Page 14 RADEMACHER SPECIAL USE PERMIT/BILL'S SUPERETTE MOTION by Apel, Seconded by Knight. a Resolution apPLovlng a Special Use PeLmit requested by Bill's SupeLette to al low fOL outdooL sales dULing opeLating houLs as requiLed by OLdinance 8, Section 7.03, as pLesented. (See Resolution R201-88) Motion carLied on a 4-Yes, I-Abstain (Windschitl) vote. RADEMACHER SPECIAL USE PERMIT/KENSINGTON ESTATES Councilman EI ling asked why they haven't seen a drawing fOL the locatIon of the tanks, stating In the past they have always been shown those locations. Wavne AndeLson. representlna RademacheL - stated they located the Islands, and they wll I locate the propane tanks In accoLdance with the Review Committee and FILe Department recommendations. He is askIng fOL the permit to dispense the products so he can buy the land. If he cannot get the peLmlt, he wll I not pULchase the land. The pLoposal is fOL a convenience stoLe/stLip shopping centeL. MOTION by Apel, Seconded by Knight, a Resolution appLoving a Special Use PeLmlt requested by William RademacheL fOL the installation of gas tanks, motor fuel, and pLopane tanks pULsuant to Ordinance 8, Sections 4.26 and 7.03 at the pLopeLty known as Outlot A of Kensington Estates 3Ld Addition, as pLesented. (See Resolution R202-88) Motion caLLied on a 3-Yes, I-PLesent (Elling) and I-Abstain (Wlndschltl) vote. RADEMACHER SPECIAL USE PERMIT/HILLS OF BUNKER LAKE ML. AndeLson stated this situation is the same as the pLevious one, though theLe mal' be a possibility of flipping the plan aLound depending on what the county decides LegaLding the eventual closin~ off of the stLeet by a median. MOTION by Apel, Seconded by Knight. a Resolution appLovlng a Special Use Permit requested by WI I Ilam RademacheL fOL the Installation of gas tanks, motor tuel, and propane tanks pULsuant to Ordinance 8, SectIons 4.26 and 7.03 at the pLoperty known as Lot 1, Block 6, Hills of BunkeL Lake 3Ld Addition. (See Resolution R203-88) Motion caLL led on a 3-Yes, I-Present (Elling) and I-Abstain (Wlndschitl) vote. (MayoL Windschitl chalLed the LemaindeL of the meeting.) ReguJaL City Council Meeting Minutes - September 6. 1988 Page 15 FAMILY OF CHRIST CHURCH AMENDED SPECIAL USE PERMIT MOTION by ApeJ, Seconded by Elling, a Resolution approvIng an amended Special Use PeLmlt Lequested by the Family of Christ Lutheran ChuLch In a LesldentlaJ dlstLlct at 16045 NIghtIngale Street NW to confoLm to OLdinance 8, Section 7.03, as pLesented. (See ResoJutlon R204-88) MotIon carLled unanImously. VARIANCE/OLMSTEAD MOTION by OLtteJ, Seconded by Knight, a ResoJutlon appLoving a varIance request by Scott Olmstead fLom OLdlnance 10, Section 9.06 a(3) to al Iowan on-sIte septic system which does not meet the minimum Lequirement of 39,000 squaLe feet of the Jand aLea which is to be buildable at the PLopeLty known as 15920 Xenia StLeet. (See Resolution R205-88) Motion caLLled unanimously. TRAFFIC SIGNAL PRIORITY Council discussed the need fOL tLaffic signals at the thLee inteLsections Lecommended and agLeed with the prioLlty as shown. MOTION by OrtteJ, Seconded by Elling, that the Council appLove pLlorltles for thLee inteLsectlons that have met warLants fOL stop lights as pLesented by the EngineeLing Department, those being CSAH 9 and 135th, CSAH 9 and CSAH 20, and County Road 116 and CSAH 78. MotIon carLied unanImously. INVERSE CONDEMNATION & POLLUTION LIABILITY COVERAGE Councilman Orttel reviewed the pLoposal and stated It is a lImited fOLm of poJJution liability and InveLse condemnatIon coverage. After a bLlef dIscussIon. ML. SchLantz was asked to obtaIn a quote on the cost of the coveLage and put it on the next Agenda fOL consideratIon. HIRE CITY PLANNER Mr. SchLantz thought he wouJd continue wIth the Zoning AdministLatoL as two days a week and evaluate the PlanneL to determIne what aLeas he would be able to do that WeLen,t addLessed previousJy, but basically using that position as it was In the past. Councilman ApeJ stated Ms. Bosell would be willing to wOLk mOLe hours, and she would also Ike to know the status of her positIon with the hiLing of the new PlanneL. Mayor Windschltl thought the motion LequiLed the activities of the new PJanner to be devoted at least 50 peLcent towaLd zoning. He dIdn't understand that the posItion of Ms. Bosell was to be phased out. . .- - RegulaL City Council Meeting Minutes - SeptembeL 6, 1988 Page 16 (HiLe City PlanneL' Continued) MOTION by by OLttel, Seconded by Knight, that the Council authoLlze the hiring of as City Planner at a starting salary of $23.000 with a Laise to $25,000 upon successful completion of 6 months pLobatlonaLY peLlod. Motion carLied unanimously. AWARD BID/USED TELEPHONES MOTION by OLttel, Seconded by Apel, to re-adveLtlse fOL one day OL a weekend In the Minneapolis papeL and LeJect the bids Lecelved. Motion carrIed unanImously. SCHEDULE WORK SESSION MOTION by Knight, Seconded by Apel, that we schedule SeptembeL 27 as a wOLk sesesion. Motion caLLied unanimously. MOTION by OLtte], Seconded by Apel, that we schedule the pUblic heaLings for all necessaLY assessment heaLings as well as budget discussions on the wOLk session fOL SeptembeL 27. Motion caLLied unanimously. Council asked that all public heaLings staLt at 7:30 p.m. ESTABLISH HEALTH BOARD/APPOINT HEALTH OFFICER MOTION by Orttel, Seconded by Apel, that the City Council appoint Itself In Its entirety as the Health Board fOL the City of AndoveL. Motion caLLled unanimously. MOTION by Orttel, Seconded by Ape], that Dave Almgren be appointed Health OfflceL and direct him to negotiate with the County of Anoka Hea1th DepaLtment for support seLvlces in the field of health. Motion caLrled unanimously. ACCEPT EASEMENTS MOTION by OLttel, Seconded by Elling, that the Council accept easements fLom John T. Vig, JeLLY L. Saarenpaa, LauLance Reynolds, HaLl and CountLyman as presented by the City AttoLney. Motion caLLied unanimously. NON-DISCUSSION ITEMS MOTION by OLttel, Seconded by EI lIng, that all Non-Discussion Items fLom 7b to 7f be appLoved with theiL accompanying Lesolutions as pLesented. (See the fol lowing Resolutions: RegulaL City Council Meeting Minutes - SeptembeL 6, 1988 Page 17 (Non-Discussion Items, Continued) R206-88: DeclaLe cost and diLect pLepaLation of assessment Loll/87-26/Langseth's Pine Acres 1st and 2nd R207-88: Set public heaLIng/87-26 R208-88: Dec1are cost and dILect prepaLatlon of assessment Lol 1/88-2/Ye1 low Pine R209-88: Set publIc hearIng/88-2 R210-88: DeclaLe cost and dILect prepaLatIon of assessment Loll/88-2,'Bluebird R211-88: Set public heaLIng/88-2 R212-88: Dec]are cost and dlLect pLepaLatlon of assessment roJI/88-23/Hedstrom, 14352 Crosstown R213-88: Set public heaLIng/88-23 R214-88: Dec]are cost and diLect PLeparation of assessment Loll/88-23/HeisingeL R215-88: Set public heaLlng/88-23 R216-88: DeclaLe cost and diLect pLepaLation of assessment Loll/88-4/Round Lake BoulevaLd R217-88: Set public heaLing/88-4 R218-88: Accept wOLk and dILect final payment/87-4/WoodLldge ACLes R219-88: DeclaLe adequacy of petition, oLdeL feasibillty/88-30/ Lot 3 Block 4 HaLtfiel's R220-88: Accept feasibllI ty, waive public heaLing, order impLovement, dlLect PLepaLation of plans and specs/ 88-30/Lot 3 Block 4 HaLtflel's R221-88: Accept bids, awaLd contLact/88-8/0Id Colony Estates R222-88: Receive feasIbility, oLdeL publIc heaLlng/88-20/Bent CLeek Estates aLea) Motion caLLied unanimously. ADMINISTRATIVE ITEMS Counc II and ML. SchLantz discussed vaLious items LelatIng to to handlIng of mistakes made by staff and possible pLocedures to deal wi th Idenity signs in plats. The consensus was not to allow signs In LIght of ways. Attorney Hawkins suggested If signs, fences, etc., are to be p]aced in deve]opments, a homeowneL's association should be fOLmed to take care of maIntenance, etc. The sIgns could then be peLmanent to identl fy the subdivIsion and the maintenance issue would be taken caLe of. Counc i I agLeed that mal' be the best pLocedure of dealing with such signs. RegulaL City Council Meeting Minutes - SeptembeL 6, 1988 Page 18 (AdminIstLative Items, Continued) Councilman EI ling stated he has looked Into the possibility of pULchasing the VapoL's PLopeLty undeL the TIF pLogram. He has discussed thIs wIth the EPA and PCA and the top 6 to 8 inches of the gLound Is contaminated with heavy metals. That soi I could be Lemoved and thIn-spread along the City's pavIng pLoJects, etc. The gLound wateL is not contaminated; but the problem Is if the City acquILed the pLopeLty, It would be paLt of the South Andover sIte and the City would be liable for that cleanup cost. The PCA and EPA would not release the City fLom that. AfteL a bLief discussion. the Counc I ] agLeed not to impose that Llsk onto the CIty. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Apel, that we appLove Claims 15131 thLough 15228 In the amount of $1,472,277.41, with the exception of Check 15206 In the amount of $36,450.17. Motion carLled unanimously. MOTION by OLttel, Seconded by Apel, appLoval of Check 15206 In the amount of $36,450.17. Motion caLLied on a 4-Yes, I-PLesent (Windschitl) vote. MOTION by OLttel, Seconded by Apel. to adJouLn. Motion caLried unanimously. Meeting adJouLned at 11:08 p.m. , Respectfully. ~~It~ ~~ ~L Cl '\. [ceo MaL ella A. Peach Recording Secretary