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HomeMy WebLinkAboutCC August 1, 1989 , c,,~ . ~.. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 1, 1989 , 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Special Use Permit/R. Ferris 2. Variance/Dixon 3. Variance/Dickinson 4. Kirby Estates preliminary plat 5. Final Plat/Echo Hill 6. R. Sonsteby Sewer Request 7. 8. Storm Drainage/Tulip Street 9 . . 10. Approve Plans & Specs/Sealcoat Staff, Committee, Commission 11. Appoint Park Cömmissioners 12. Accept Resignation/B. Bernard 13. Fax Machine Discussion 14. Accept EasementsjWard Lake Drive/University Non-Discussion Items 15. Final Payment/88-14/88-18 16. Declare Cost/88-14/88-18 17. Award Bid/89-3 18. Award Bid/88-35 Approval of Claims Closed Meeting with Attorney Adjournment - - fA i~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW< . ANDOVER, MINNESOTA 55304· (612) 755-5100 . - REGULAR CITY COUNCIL MEETING - AUGUST 1. 1989 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jim EIJlng on August 1 , 1989. 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CouncIJmember present: Knight. Orttel. Perry Councllmemer absent: Jacobson Also present: CIty Attorney. WillIam G. Hawkins; TKDA Engineer. John Rodeberg: Assistant City Engineer, Todd Haas; City Planner. Jay Blake: City Finance Director, Howard Koolick; City Administrator. James Schrantz; and others AGENDA APPROVAL Mayor Elling suggested the additIon of Item 15. Closed Meeting with the Attorney. MOTION by Knight, Seconded by Perry. to so move approval of the Agenda. Motion carried unanImously, APPROVAL OF MINUTES Mayor Elling asked for a motion to approve the Minutes of July 18 Regular Council, Special Closed, and Health Board Meetings. MOTION by Perry. Seconded by Knight, to approve those Minutes. MotIon carrIed unanimously. SPECIAL USE PERMIT/RON FERRIS PlannIng and Zoning Chairperson Becky Pease reviewed the Commission's recommendation to approve the Special Use PermIt requested by Ron Ferris to construct a 75-foot HAM radio tower on his property at 14940 UnIversity Avenue plus two 140-foot and two 200-foot HAM radio towerS at 154th and University. Ron FerrIs - stated he originally asked for four 200-foot towers but has changed that request to limit two of them to 140 feet. The Planning Commission didn't feel they could lower his request. Mr. Blake stated the resolution before the Council Is for two towers at 140 feet and two at 200 feet. Regu]ar City Council Meeting Minutes - August 1 , 1989 Page 2 (Special Use Perml t/R. Ferris. Con t I nued) Me. Ferris - explained that three sections of Ordinance 8 are In conflict with each other, questioning why he needs to pay $160 for a Special Use Permit when Ordinance 8. 4.06 al lows a private broadcaster to construct a tower with no height I Imitations. Attorney Hawkins stated that question had not been brought to his attention before now, stating he can address It by the next meeting. Counc I I asked him to do so. CouncIlmember Perry questIoned whether this would be permitting an accessory structure to be constructed on property prior to the erection of the principal structure. Me. Blake stated that was not addressed, as he considered It an accessory use. not an accessory structure. It Is zoned residentIal but is vacant ] and, open space. Councllmember Orttel asked I f a I I the towers wi II be used. Me. Ferris - stated yes, there wi] I be seven towers. They need to be at certain heights for certain frequencIes. Me. Blake explained he has a copy of Mr. Ferris' presentation before the P & Z as to the purpose of each tower. etc. Me. Ferris stated has a written agreement wIth the property owner at 154th and UnIversIty. The towers would not be lighted. as the regulations only require lighting wIthin certaIn distances of aIrports. Councllmember Orttel asked If the request was sent to the City of Ham Lake, as such Items along the City's borders are sent to adJoinIng citIes for comment. Mr. Blake stated all property owners withIn 350 feet have been contacted, but he dId not send It to the City of Ham Lake. Councllmember Orttel felt It would be wise to keep surrounding cIties Informed In the future. MOTION by KnIght, Seconded by Perry, the ResoJutlon as presented wi th the stIpulation that the City Attorney revIew the fee structure to determine what should be the proper fee on It. (See Resolution R129-89 approving the special use permit request of Ron Ferris to aJ low the Insta]latlon of a 75-foot HAM radIo tower on property at 14940 UniversIty Avenue NW and two 140-foot and two 200-foot HAM radio towers on property at approximately 154th and University Avenue NW) DISCUSSION: Councllmember Orttel was concerned about the primary use of the property, that the City hasn't allowed different uses on property. Mr. FerrIs stated If the land Is eventually sold, he would have a hard time leaving the towers there. HIs agreement with the property owner Is open ended. He also stated the towers will not Interfere with TV. radio. or remote phone receptIon In the area as the frequencies are too far apart. Motion carried unanImously. Mr. Blake stated when they get an opinion from the Attorney regarding Mr. Ferris' question on the fee and conflIcting ordinance sections, they wi 11 recommend any correctIve measures that may be necessary. Regular CIty Council Meeting Minutes - August 1 . 1989 Page 3 VARIANCE/DIXON MOTION by Knight, Seconded by Orttel. to approve the varIance request. (See Resolution R130-89 approving a request by Pat and Evelyn Dixon to vary from the front yard setback at 2817 NW 142nd Lane to construct an entryway onto their home) Motion carried unanimously. VARIANCE,'DICKENSON Mr. Blake explained Robert and Renee Dickenson have asked for a variance to allow them to store a semi-tractor In a pole buIlding at 16339 Makah Street NW. Ordinance 8, Section 4.05 (I) prohIbits the storage of commercial vehIcles weighIng more than 12,000 pounds In an accessory buIlding. TheIr vehicle Is approxImately 15,000 pounds gross weight. The Planning Commission Is recommending denial because of lack of hardshIp. The Counc I I may want to dl rect Staff to prepare an amendment to Ordinance 8 to allow storage of semi-tractors In the residentIal dl str I ct. The Zoning AdmInistrator researched what some of the surrounding cities require. AI I cItIes restrict storage of commercia] vehicles to some degree. and Mr. Blake brIefly reviewed those findings. Councllmember Orttel felt a semi-tractor without the trailer may not cause a problem on five-acre lots, and 12,000 pounds Is a trademan's type van. He's been getting a lot of calls about people getting tagged for their busIness trucks. thInking If It Is garaged. maybe the weight could be Increased. Renee Dickenson - stated her husband Is logged out of town almost 200 days a year. He needs a place to keep the tractor when he's In town, and they want to keep It In a heated building where they wll I build their house. The lot Is hal f trees. They talked with all the neIghbors on Makah, and no one had any bad comments. The trailer wl]1 be kept somewhere else. Her husband has only one tractor which would be kept Inside the garage. They have looked elsewhere for lots, but they are either too expensive or too far out. They only have until tomorrow to make a decision on purchasing thIs property. Counc I I discussion was on the problems encountered In the past with commercial vehicles being housed In residential areas. particularly refrigerator trucks. There was also concern of not wantIng to allow the buIld up of businesses In residential areas such as truck repair, etc, or of not wanting to see the storage of more than one commercial vehicle per parcel. A suggestion was to have the P & Z look at the optIon of a]lowlng only one semi-tractor. not the trailer, to be garaged In some districts. the more rural areas. Attorney Hawkins agreed with the Planning Commission that this Is a use varIance, whIch the Counc I I cannot grant under State law. In order to grant a use varIance, the property would have to be rezoned. Regu]ar CIty Council Meeting MInutes - August 1. 1989 Page 4 (Variance/DIckenson, ContInued) MOTION by Orttel. Seconded by KnIght, the Councl] direct Staff and PlannIng Commission to Investigate an amendment to the Zoning Ordinance relating to the keepIng of commercIal vehIcles In enclosed storage buildings In ~esldentla] dlst~lcts, and pay particular attention to more ~ural dIstricts, and to fairly strIct limits on the number of vehicles; and report back to the Council at their earliest posslb]e time. DISCUSSION: Council suggestions were those restrIctIons should aJlow onJy one vehIcle, that It would be for the tractor, not the trailer, that It be In the rural area, and that such storage be for the owner only so that repair shops are not sta~ted up. Motion carried unanimouslY. MOTION by Orttel. Seconded by Perry. Introducing the ResoJutlon as presented. (See Resolution R131-89 denyIng the variance request of Robert and Renee DIckenson to allow for the storage of a commercial vehIcle greater than 12,000 ppounds gross weight In an accessory building.) Motion carrIed unanimously. KIRBY ESTATES PRELIMINARY PLAT Mr. Haas revIewed the prelimInary plat of Kirby Estates. noting the receipt of a revised version dated July 27. 1989. That version Involves a grading change to a narrowIng of the easements. Mayor EI ling raised the concern of the Jots abuttIng the pond. Mr. Haas stated it Is more than a 5 to 1 slope. Mr. Schrantz also noted they are being assessed for storm drainage, but the City wIll be acquiring the regIonal pond. Councllmember Orttel noted that now that the plat Is being assessed for storm draInage, the amount the City buys wIll not be reduced by the amount being used by thIs plat. Ken Gust - did the engineering on the plat. He explained the reason the easements have been lessened Is so the lOa-year pondlng elevatIon would be farther behInd the houses; otherwise the contour was up to the waJkout level of the houses. Mr. Haas noted the ~esolutlon calls for the receipt of additional borIngs to make sure there Is no burled peat under the lots. Mrs. Kay Olson stated those bo~lngs were done about a month ago, and Mr. Haas should have received those findings. Mr. Haas also suggested the addition of Item 5 In the resolution, that the plat would be contIngent upon the review and approval of the drainage easement plans by BRW. MOTION by KnIght. Seconded by Orttel, the Resolution provided and approve the prelImInary plat wIth the addition of Item 5, as amended. (See Resolution R132-89 approving the prelimInary plat of KIrby Estates as beIng developed by Wayne and Kay Olson In SectIon 34-32-24) MotIon carried unanimously. Regular City Council Meeting Minutes - August 1 . 1989 Page 5 FINAL PLAT/ECHO HILL Mr. Haas stated he has set up an appointment this Friday with an appraiser to determine the amount of park dedication. Attorney Hawkins noted he has not yet received a copy of the abstract. Mr. Hellker stated the abstract Is at the abstract company and wi I] be forwarded as soon as possible. Mr. Haas noted the resolution Is contingent upon the Attorney's favorable title opinion. MOTION by Orttel, Seconded by Perry, Introducing the Resolution (See Resolution R133-89 approving the final plat of Echo HilI Phase I as being developed by Robert and Phyllis L. Hellker, Vivian C. and Joseph E. Meyer In Section 8-32-24) Motion carried unanimously. R. SONSTEBY SEWER REQUEST Mr. B]ake explained the City has received a petition from Rosella Sonsteby to have sewer and water extended to serve approximately 160 acres of her property for the area he outlined on a map. He felt the Counc I I had three options of asking Staff to prepare an amendment to the Comprehensive Plan to be Included with the Bruce Hay amendment, to dl rect Staff to prepare an amendment to the Comprehensive Plan separately from the Hay amendment, or to continue to require that the Sonsteby property be served by the CAB Interceptor. Mr. Blake stated there have also been several other requests for sewer and water from developers In the community. The City of Ramsey has received an expansion of the MUSA contingent upon the l-for-40 concept or 4 homes per 40 acres, which Is contrary to what northern Anoka County has been working with for the last 10 years. The Counc II discussed the request and Its ramifications. There was a concern of blocking off further development In the CAB area If this property of Ms. Sonsteby were served from the Coon Rapids Interceptor. It was also noted that the 11ft station for the CAB Interceptor wi I I be constructed by 1991. The zoning on the Sonsteby property Is M-2. Counc I I thought Ms. Sonsteby was requesting that her property be served through the Anoka system. Mr. Schrantz noted even that would require a Comprehensive Plan amendment because the property Is outside of the year 2000 boundary. He also stated that Anoka won't consider the request until after thge ]Ift station Is In. Councllmember Perry suggested this request be considered as the Comprehensive Plan Is being updated to determine the ramifications of providing service through the Coon Rapids Interceptor. Mr. Schrantz also noted there are other requests and It may be prudent to study where development Is occurring. Mr. B]ake noted that the Plan done In 1982 has been amended several times. Regu]ar City Council Meeting Minutes - August 1, 1989 Page 6 <R. Sonsteby Sewer Request, Continued) Councllmember Orttel explained the reason for the amendments Is that at the time the P]an was done. the Metropolitan Council Insisted the CIty's populatIon would not grow. The Plan has been amended because of normal growth because In effect the City didn't do the Plan. the Metropolitan Council dId. Mr. Blake noted Mr. Hay and Ms. Sonsteby have negotiated an easement from the exIsting sewer and water lInes to the Hay property. The MetropolItan Council has urged hIm to Include that the property on either side of the easement In the amendment to provide sewer to the Hay property. Council noted that would then almost double the capacity of the sewer line and that hasn't been contemplated by the City. Attorney HawkIns advIsed that the City Is not under any court order to Include the property on eIther sIde of the easement. only the Hay property. The Council then directed Mr. Blake to submit the ComprehensIve Plan amendment without the easement area. only for the property Included In the court order. Mr. Haas dIdn't think all of Ms. Sonsteby's property could be served by gravIty through the Coon RapIds Interceptor. The Councl] noted the CAB 11ft station In Anoka Is being designed to Include this area and a]1 of the CAB area designated In the ComprehensIve Plan. agaIn noting the 11ft statIon should be completed In late 1990 or 1991. It was general]y agreed that the property should remain In the CAB area until It can be studIed further as a part of the Comprehensive Plan update. Also. the Staff should continue to work on the request to serve this property through Anoka. MOTION by Perry, Seconded by KnIght. that the Andover CIty Council request that the Sonsteby property be served by the CAB Interceptor as per the Comprehensive Plan of 1982. and that as part of the Comprehensive Plan update that that area be studied to determine If In fact the CAB Interceptor Is stili the most appropriate method for serving the area. Motion carried unanImously. STORM DRAINAGE/TULIP STREET Mr. Schrantz asked the Council to approve the acquIsition of an easement for storm draInage for TulIp Street. Project 88-9. The costs are $2,500 for the MuccIcIacclaro property and $600 for the Houle property plus $3,500 for shapIng the pond. MOTION by Orttel, Seconded by Perry, that the Councl] authorize the purchase of draInage easements and final construcIon of the drainage pond for the Tulip Street ProJect 88-9 for a cost of approxImately $6,600. Motion carried unanImously. Regular City Council Meeting Minutes - August 1, 1989 Page 7 APPROVE PLANS AND SPECS/SEALCOAT MOTION by Knight, Seconded by Orttel. move the approval of plans and specs for sealcoatlng, ProJect 89-10. Motion carried unanimously. APPOINT PARK COMMISSIONERS MOTION by Knight, Seconded by Orttel. to approve the Indlvldua]s recommended by the Park and Recreation Commission: Darre I I DeLarco and David Woods. plus the alternates. Motion carried unanimously. Discussion noted Mr. DeLarco Is to fill the unexpired te~m of Ron Fer~ls to 12-31-1991; David Woods Is to fill the unexpired term of Jeff Flamo to 12-31-1990; and the alternates are Steven Kublsta and Shannon Pearson. ACCEPT RESIGNATION/B BERNARD/P & 2 MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. Mayor Elling asked for a motion to direct Staff to send a letter to Mr. Bernard thanking him for serving on the Commission and to have them advertise to fill the position. MOTION by Perry. Seconded by Knight. to so move. Motion carried unanimously. FAX MACHINE Me. Koollck asked for guidance regarding the purchase of a facsimile machine for the office and reviewed the Information received on costs and types of fax machines. The costs do not Include a separate dedicated phone ]Ine, thinking for the time being the existing lines can be used. It Is believed that all the phone lines have been used and that another block would have to be purchased for about $3.500 If additional lines are needed. Counc II generally acknowledged the advantages of having a fax machine, cautioning that any machine purchased should be compatible with all three types of fax machines. MOTION by Knight. Seconded by Orttel, that we approve the purchase of a fax machine through D.C. Hey, If It Is compatible with all other machines. DISCUSSION: Mr. Koollck stated In viewing demonstrations of the machines. the Staff preferred the Panafax from Copy Duplicating Products because It appeared to be a better and sturdier machine. Councllmember Knight CHANGED MOTION that we approve the purchase of a fax machine through either of the two vendors as Staff see's fit. Second Stands. Motion carried unanimously. Regular CIty CouncIl MeetIng Minutes - August 1, 1989 Page 8 Council went Into closed sessIon with the City Attorney regarding the Vapors ]Itlgatlon. 8:56 p.m.; reconvened at 9:06 p.m. NON-DISCUSSION ITEMS Mr. Rodeberg revIewed the bIds for the water tower and water tank. notIng the total cost of $992,250.00 Includes the lettering. overhead doors. cement floor and condensation ceIling. MOTION by Orttel. Seconded by Knight. that the Counc I I approve Items 15. 16. 17 and 18 as recommended by Staff and Consultants. (See the following Resolutions: R134-89 - Accepting work and directing final payment to Burton Kraabel Construction for ProJect No. 88-14, Uplander Street construction R135-89 - AcceptIng work and directing final payment to Burton Kraabel ConstructIon for ProJect No. 88-18 for Dehn's 1st and 2nd Additions street construction R136-89 - Declare cost and direct preparation of assessment roll for Improvements of street constructIon for Project No. 88-14, Uplander Street R137-89 - Declare cost and direct preparation of assessment roll for Improvements of street construction for ProJect No. 88-18 for Dehn's 1st and 2nd AddItIons Award bld-'89-13/Pralrle Road, Parts I and II with Alternate 2, paved shoulders to W. B. MIller, Inc. . for $156,199.30 R138-89 - Accepting bIds and awarding contract for ProJect 88-35 for trunk watermaln construction In the area of CIty Hall, awarding bId to Moser Construction for $42.618.40 R139-89 - AcceptIng bids and awarding contract for Project 88-35 for water tower No.2 construction In the area of City Hall, awarding bId to Pittsburgh-Des MoInes, Inc., for $992,250) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Orttel. Seconded by Knight. approve Claims 16952 through 17044 for a total dol]ar amount of $269.764.19. Motion carried unanimously. "OTION b, P.cc, '0 adJo"co. (:0'100 caccl.d "oaOlmO"51,. Meeting adJourned at 9~ f>~ '~~ k " £<-<u a ce la A. Peach, RecordIng ecretary