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HomeMy WebLinkAboutCC October 17, 1989 ~ CITY of ANDOVER Regular City Council Meeting - October 17, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Boshea Variance 2. Kelner Special Use Permit 3. Approve contract/Comprehensive plan 4 . Award Bids-Nordeen Addn. Lot Sale - HRA 5. Reject Bids/89-10/Sealcoating 6. Accept Feasibility/Comm.Park Drainage 7. Approve 1990 Law Enforcement Contract Staff, Committee, Commission 8. 1989 Year-to-Date Review 9. Amend Resolution 012-89 10. Metropolitan Council Development Guide plan 11. Street Light Discussion/Bunker & Crooked Lake 12. Speed Study Discussion/Hawk Ridge Area 13. Purchase of State Aid Computer 14. Capital Equipment Expenditures/Public Works 15. warming House Conversion 16. Epilepsy Month Proclamation 17. Refinish City Hall Tennis Court Non-Discussion Items 18. Accept Streets/Lund's 5th Addition 19. Award Bid/Hidden Creek East 2nd/89-17 20. Approve Change Order/88-35/Water Tower Approval of Claims Adjourn --~." < ~ -~} . -..'-'\ ,-) '. CITY of ANDOVER _:' -d ¡'¡ t: ..L c/ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304· (612) 755-5100 ~-+, REGULAR CITY COUNCIL MEETIHG - OCTOBER 17, 1989 MIHUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jim EllIng on October 17. 1989, 7:30 p.m.. at the Andover City Hall. 1685 Crosstown Boulevard NW, Andover. Minnesota. Councllmembers present: Jacobson, Knight, Orttel, Perry Councllmembers absent: None Also present: CIty Attorney. William G. Hawkins: TKDA Engineer, John Davidson; Planning and Zoning Commission Chairperson. Rebecca Pease: Public Works Supervisor, Frank Stone; Assistant City Engineer, Todd Haas; City Planner, Jay Blake: City Finance Director, Howard Koollck; City Administrator, James Schrantz: others RESIDE/.¡T FORUM Art Raudio. CO-developer of Red Oaks 6th Addition - stated they have applied for a building permit on the existing home In that Addition. He understands there Is some concern about what Is happening with that existing home. He stated they hIred a licensed architect to draw up plans to remodel the house, and they have a purchase agreement, thinkIng It can become an asset to the area. Mayor Elling understood there are two CertifIcates of Survey from the same firm that disagree with each other. He also thought that building was going to be removed from the property. Mr. Raudlo - was not aware of the survey problem. He did review the Council Minutes and found no mention of that building being removed from the property. Their grading plan conforms to the building staying there. Mr. Blake explained the survey done for the preliminary plat shows the building approximately 38 feet from Bunker Lake Boulevard right of way. Another survey from the same firm shows the house at 43 feet from the right of way. He talked with Tom O'Malley, who Is checking on It and will be callIng him back tomorrow morning. After discussing the situation, Council noted if the house meets the the ordinance with a 40-foot setback from the right of way, then a building permit can be Issued. If It does not meet the ordinance, Mr. Raudlo will have to come In for a variance. Mr. Blake agreed, again noting that Information will be available tomorrow. -- Regular City Council Meet! n9 Minutes - October 17, 1989 Page 2 AGENDA APPROVAL Counc II agreed to add Items 17a, Schedule Budget Meeting, and 21, Marian Heidelberger Variance. They also agreed to take Item 16, Epilepsy Month Proclamation after Item 2, and to take Items 8, 13, 14, 15and17all relating to the budget together at the end of the meeting. Mayor Elling asked for a motIon to approve those changes on the Agenda. MOTION by Jacobson, Seconded by Orttel, to so move. Motion carried unanlmousJy. APPROVAL OF MINUTES Mayor EllIng asked for a motion to approve the Minutes of October 3 and October 5, 1989. MOTION by Knight, Seconded by Jacobson, to so move. Motion carried unanimously. BOSHEA VARIANCE Chairperson Pease revIewed the Planning Commission's recommendatIon to approve the variance request to allow for the construction of an accessory structure 11 feet from the sldeyard property lIne. MOTION by Orttel, Seconded by Knight. a Resolution granting the variance request of Jeffrey D. Boshea, 14649 NW Seventh Avenue. to allow for the construction of an accessory structure 11 feet from the sldeyard setback along a street, as presented. <See Resolution R170-89) Motion carried unanimously. KELNER SPECIAL USE PERMIT Chairperson Pease reviewed the findings of the Planning Commission on the Special Use Permit request of MIchael Kelner for the operation of a marine motor repair shop In an accessory building on his property at 15478 Prairie Road. In the strict Interpretalon of the ordinance, the Commission recommended denial of the permit. Michael Kelner - stated he Is asking for a Special Use Permit because he Is not able to find a Job anywhere. He Is a dIsabled veteran and cannot 11ft over 32 pounds. Fixing motors Is his livelihood. and he started doing It full time on his property when he was laid off work last year. This Is his sole source of Income. He has lived In Andover since 1968, and has been fixing motors for about six years. Regular City Council Meeting Minutes - October 17, 1989 Page 3 (Kelner Special Use Permit, Continued) Mr. Blake explained Mr. Kelner was notified by the City regarding some vehicles on the property. It was when Mr. Kelner came In to the office to talk about the notification that the City learned of the marine repair shop. The second notIfIcation was given by Deputy Albertson, who reported that a business was being operated in that location. Mr. Kelner - stated the second citation should not have been Issued because the boats and cars on the yard where his own and his son's as they were getting ready to go on vacation. He also explained it is not possible tor him to repair the engines In the basement, as he works on all motors from the smaller boats up to the 26- and 2S-foot boats. His property Is surrounded by pine trees, so his house cannot be seen from the road. Councllmember Jacobson noted that the strict interpretation of the ordinance dictates the business Is not allowed because It Is operated In an accessory building. Mr. Kelner - asked about those people raising and breeding horses for a living, or those who drive trucks and bring them home to store or work on. Andover always has been and always will be ful I of those types of businesses. To refuse this Is taking his livelihood away from him. Counc II discussion noted that the ordinance specifically does not allow home occupations In accessory structures, but there was concern over having to shut down a business which does not offend anyone and Is someone's sole source of Income. The Issue was raised of possibly al lowing businesses In accessory buildings In the rural area where there are larger lots, recognizing the need for restrictions to avoId nuisance or unsightly businesses. MOTION by Jacobson, Seconded by Knight, that we do not grant the Special Use Permit at this time; however, Counc II will allow the use to continue until the Planning and Zoning Commission reviews the ordinance to determine whether or not there should be a change In the ordinance for businesses located In the rural part of the CIty versus the more densely populated part of the City and Planning and Zoning Commission comes back to the Counc II with a recommendation as to a change or no change. DISCUSSION: The Attorney recommended tabling the Issue and referring It back to the P 8. Z. Councllmembere Knight and Jacobson WITHDREW the Second and the Motion. MOTION by Jacobson, Seconded by KnIght, that we table the special use application for a period of no longer than one year to allow the Planning and Zoning Commission to make a recommendatIon as to a possible change In the ordinances. DISCUSSION: Mr. Kelner - stated he agreed to tablIng the Issue for up to one year, which will allow him to earn a living next year during the summer season. Motion carried unanimously. Regular CIty Council Meeting Minutes - October 17, 1989 Page 4 EPILEPSY MONTH PROCLAMATION Doug H II I of Columbia Heights addressed the Council with a request to proclaim the month of November as Epilepsy Month In the CIty of Andover. MOTION by Knight, Seconded by Orttel, a Res01utlon proclaiming the month of November to be Epilepsy Month In the City of Andover. (See Resolution R171-89) Motion carried unanImously. APPROVE CONTRACT/COMPREHENSIVE PLAN Attorney Hawkins raised the following issues on the proposed contract: Page 12, "Estimated Total Not to Exceed $39,200": He thought the original bid was not to exceed that amount. Counc I I agreed to delete the word "Estimated". Page 13, "The Cl ient will reimburse the Consultant withIn 15 days of receipt of Invoice." Mr. Hawkins doubted the City's turnaround on Invoices Is 15 days, suggesting 30 days Instead. Counc II agreed. Page 14, "CI ient wi I I pay the Consultant a retainer In the amount of $2,000." Mr. Hawkins noted the City does not have retainers wIth any of its consultants. Mr. Blake explained the consultant requested the retainer because of the research work that will be done Initially. Counc II agreed to delete this section. Page 14, Item 10: Councllmember Orttel questioned who owns the background data, feelIng It should be the City's. Counc II felt that Is covered under Item 13, In that the CIty does own all material; the consultant only retains a photocpy of the final document. MOTION by Knight, Seconded by Jacobson, that we accept the contract as presented with the exceptions mentioned by the Attorney: of the retainer being removed; and the "Total Not to Exceed $39,200", deleting the word "Estimated" ; and change the 15 days to 30 days; and authorize the Mayor and Clerk to sign It. Motion carried unanimously. Mayor Elling recommended Park Board Chairperson Marc McMullen and Councllmember Marge Perry serve on the Comprehensive Plan Update Committee. MOTION by Jacobson, Seconded by Knight, to appoint Marc (McMullen) and Marge (Perry) to that committee. Motion carried unanImously. (The Regular MeetIng was recessed to hold an HRA meeting. 8:11 p.m. The meeting reconvened at 8;19 p.m.) Regular City Councl] Meeting Minutes - October 17, 1989 Page 5 REJECT BIDS/89-10/SEALCOATING MOTION by Knight, Seconded by Jacobson, a Resolution reJecting bids for the Improvement of ProJect No. 89-10 for seal coating constructIon In the area of the City streets. (See Resolution R172-89) Mot! on carried unanimously. ACCEPT FEASIBILITY/COMMERCIAL PARK DRAINAGE Mr. Davidson reviewed the feasibility for storm sewer In the Commercial Park and the development of a pond on property presently owned by the City. A resevolr needs to be established In that area to the IOO-year storm to prevent general flooding in the area. It Is part of the overall master drainage plan for the entire commercia] area. The pond wI I ] be deepened and will dIscharge through the Hidden Creek addition west of Verdin and ultimately to Coon Creek. Mr. Davidson explained Hidden Creek East 2nd Addition Is on tonight's agenda. and that plat wl]1 drain Into this pond. The Counc i I needs to choose whether to assess Just that plat at this time and assess the other areas as they develop or to establish a trunk sewer area assessment for the entire basin now. He also reviewed a proposed procedure of developing the storm drainage system for the entire commercIal area east to Hanson Boulevard. Mr. Davdlson noted the cost to muck out the pond Is proposed to be $62,400. There Is $20,000 left In the construction fund of the City from the development of the Commercial Park. The proposed assessment of Hidden Creek East 2nd Addition Is $21,750. The remaining amount Is proposed to be area assessed over the remainder of the drainage district, which can be done either now or later. If It Is assessed as development occurs, the development of the pond would also be staged. Counc il asked why this Is beIng proposed at this time. Mr. Davidson stated drainage Is needed for Hidden Creek East 2nd Addition, but there Is the option of phasing It In with ditches put In at this time and doing only $21,750 worth of work. It Is part of the overall surface water management plan. Mr. Blake also explained Agra-Chem Is building on a lot purchased from the City adJacent to the proposed pond. and they propose lowering the loading area to the point where the drainage pipe to the pond would be underground If the pond Is not excavated. Counc I I discussion was on whether there Is a need for the City to do this proJect at this tIme, that the City should not necessarily be paying for Agra-Chem's drainage If they choose to put the loading docks lower than what the City had planned for, that hard pipe should be put In the ground now rather than ditching to avoid additional Regular City Council Meeting Minutes - October 17, 1989 Page 6 <Accept Feasibility/Commercial Park Drainage, Continued) expenses in the future, and that there should be no further assessment for storm drainage on those commercial lots sold by the City. Mr. Blake understood the $20,000 left In the construction fund of the Commercial Park was to complete the construction of two ponding areas, the proposed one and one on Bunker Lake Boulevard at the entrance of Thrush. MOTION by Jacobson, Seconded by Orttel, a Resolution ordering preparation of a feasibility report for the Improvements of storm water retention pond as part of the trunk storm sewer concept plan for the Andover Commercial Park, ProJect No. 89-24. (See Resolution R173-89) Motion carried unanimously. Discussion continued on the proJect and how much of It should be done now. Councllmember Orttel didn't think any other areas should be included In the public hearing except Good Value Homes and the City. MOTION by Orttel, Seconded by Jacobson, a Resolution receiving feasibility report and calling public hearing on Improvements of storm water retention pond as part of the trunk storm sewer concept plan. ProJect No. 89-24 In the Andover Commercial Park Area as presented, with the exception to Ilml t the area to the Good Value area. DISCUSSION: Mr. DavIdson stated they could prepare plans and specs to take care of the Hidden Creek East proJect and stage what is needed In the Commercial Park. The plan would be to build the ditch from the Hidden Creek pipe to the present dItch system. He will know what that cost will be when the final plans are done. If Good Value waives the public hearing, the proJect can proceed much faster. Councllmember Perry asked if the development plan for the Commercial Park Is going to need Increased capacity In the pond; and 1£ so, why wouldn't the the City use It's money to do the pond now. Mr. Davidson stated the pond can be excavated In phases as development occurs. Councllmember Perry believed that Is a piecemeal approach. Councllmember Orttel felt the City's share should be Included In the hearing at this time, noting It can always be backed out at the time of the publIc hearing. Councllmember Orttel ADDED to the motion to include the City's portion of $20,000. Second Stands. (See Resolution R174-89) DISCUSSION: Mr. Scrhantz noted the Resolution would be changed for an estimated total cost of $20,000 as the City's share and $21,750 for Hidden Creek East 2nd Addition's share. Motion carried on a 4-Yes, l-No (Perry) vote. Regular City Council Meeting Minutes - October 17, 1989 Page 7 APPROVE 1990 LAW ENFORCEMENT CONTRACT MOTION by Orttel, Seconded by Knight, to so move approval of the proposed contract. DISCUSSION: Mr. Koollck noted the total contract amount of $386,357 Is what was budgeted for In 1990. There Is about a 95 percent chance of the $28,043 rebate from the State for Police State Ald. If the Council Is considering any reduction In this Item, he thought the contract could walt until after the special meeting on the proposed 1990 budget. The CouncIl generally did not want to reduce the amount of police protection and agreed to act on It tonIght. AMENDMENT by Jacobson, Seconded by Knight, to authorize the Mayor and Clerk to sIgn the contract. Both motIons were approved unanimously. NON-DISCUSSION ITEMS MOTION by Knight, Seconded by Perry, approval of Items 19 and 20 on the Agenda. (See: R175-89 Award BId/Hidden Creek East 2nd/89-17 to Arcon for $234,273.26 Change Order/88-35/Water Tower for $2990 for a valve on the tower line) Motion carried unanimously. Council recessed at 9:13; reconvened at 9:22 p.m. 1989 YEAR-TO-DATE REVIEW Mr. Koollck reviewed his memo to the Council regarding the status of the 1989 budget. It appears the revenues will be short by about $100,000 to $200,000. The expendItures are at about 75 percent for the first nine months of the year. He stated the options listed on Page 3 to lessen the proJected shortfall are only that. They are not recommendations. Council reviewed the nine options with Mr. Koollck. Mr. Koollck was asked to determIne what amount would be saved If the purchase of capital outlays for the remainder of the year ceased. He was also asked to determine the amount saved for Option 2, eliminate all conferences, conventions, and meetIngs for the remainder of the year. Council agreed Options 3, 5, 6, 7, 8, and 9 were not practical and wouldn't save much If Instituted. Staff was directed to order supplies purdently. Under Option 9, Mr. Schrantz was asked to see if the number of Agenda packets for CouncIl meetings could be cut back. These are to be discussed at the next budget meeting on November 1. Regular City Council Meeting Minutes - October 17, 1989 Page 8 PURCHASE OF STATE AID COMPUTER Mr. Schrantz explained the State Aid Department has mandated the City connect to the State mainframe computer by next year. State Aid will reimburse the City for 60 percent of the cost of the equIpment. The City's share for a PS/2 Model 80 computer system would be $3,278. The computer would be used for the City's state Aid reports. Mr. Koollck noted the Item has not been budgeted for, and he did not know where the funds could be found for It. This Item was discussed again In conJunction with the next Item, a request for a computer in Public Works. CAPITAL EQUIPMENT EXPENDITURES/PUBLIC WORKS Mr. Stone explained $7,500 has been budgeted In the Enterprise Budget for a computer for the Water Department Meter Reading. The lowest bid is for an IMTECH 20/386 for $3,473. The software would be acquIred next year, which will be budgeted for then. Council suggested the State Aid computer be put In the Public Works Department so the same computer could be used for both purposes. Staff felt the amount of time needed on the computer for State Aid work would be very little, so It should work out well to house the computer in Public Works for theIr use as well. Council asked that Staff check to see if there are any restrictions on the use of the computer which Is partially paid for from State Ald. Mr. Koollck also noted the computer bid for Public Works costs less for more of a computer than required by State Ald. Staff was asked to check Into this Item further to be sure the proposal would be acceptable to State Ald. Mr. Stone explained the need for a water, sewer, phone, gas and electric locator. The low bid of $1,795 Is budgeted In the Sanitary Sewer Enterprise Fund. A motion was made to approve this Item later In the meeting. Mr. Stone explained the $4,000 In the budget will put In about 3/4 of a cement floor In the Cold Storage Building. They need to Insulate and heat the buIlding for the hydraulic pieces of equipment. There are funds In the 1990 budget for Insulation and a unit heater. After some discussion, the Council suggested Mr. Stone use the $4,000 to Insulate and heat the building. The cement floor would be Installed next year. A motion to that effect was made later In the meeting. Mr. Stone asked for $17,000 out of the Parks Capital budget for two ice rinks and movIng of lIghts. Because of the proposed budget shortfall, Council agreed to hold this Item to the next budget meeting. - Regular City CouncIl Meeting Minutes - October 17, 1989 Page 9 WARMING HOUSE CONVERSION Mr. Blake reviewed his findings on converting the warming house to storage versus renting storage space off site. He found It would cost from $1,000 to $2,000 to convert the warming house, plus the cost of an addl tlonal warming house for the hockey rink. The addl tlonal warming house Is In the 1990 budget, but there Is nothing budgeted until December of this year. RentIng storage space off site will be from $300 to $600 per year. He had no recommendations for the Council. Counc II was concerned about storing files, feeling to preserve them they must be In a special climate-controlled environment. Mr. Blake stated he did not look Into that option. The problem will become more serious when the City starts generating reports from the Finance Department when the computer Is up and running. Mr. Koollck noted the computer will not be functioning before sometime In 1990. Discussion was on other optIons of mIcrofilming records, converting the conference room Into a storage room, or renting storage facilities that are archives for files. Staff noted the storage problem will be between November through February 15 when the existing warming house will be used, because many maps and files are stored In there now. Counc II felt that some place within the City Hall could be found to store those Items now In the warming house until February 15 when the warming house can be used agaIn. In the long term, Mr. Blake was asked to Investigate the costs of microfilming, of renting archives for storage, or other options to store on site. REFINISH CITY HALL TENNIS COURT Mr. Stone stated the contractor would no longer work on the tennis court beyond the end of September because of the weather. They are askIng to carryover the contract for 1990 at the same cost. The Counc II asked that the Item be brought back again In 1990 for discussion at that time. LOCATOR/PUBLIC WORKS MOTION by Orttel, Seconded by Perry, that we approve the purchase of the utility locator for an amount not to exceed $1,795, subJect to the approval from the Finance Director that budget funds remain In that budget from the Enterprise Fund. Motion carried unanimously. Regular City Council Meeting Minutes - October 17, 1989 Page 10 COLD STORAGE BUILDING MOTION by Orttel, Seconded by Jacobson, approve an amount not to exceed $4,000, funds for the Insulating and heating of the Cold Storage Building, to be paid out of the General Fund. Motion carried unanimously. AMEND RESOLUTION 012-89 MOTION by Orttel, Seconded by Knight, to so move. <See Resolution R176 amending Resolution 012-89, setting fees for permits, rezonlngs, special use permits, variances, etc.) Motion carried unanimously. METROPOLITAN COUNCIL DEVELOPMENT GUIDE PLAN Mr. Blake stated the guide plan Is for the Council's Information, noting the problems of the Met Council's Inaccurate population proJections for Andover and the 10-acre or 4-per-40-acre lot size development. Council briefly discussed the concerns; no action was taken. STREET LIGHT DISCUSSION/BUNKER AND CROOKED LAKE Councllmember Orttel argued Bunker Lake Boulevard Is a dangerous road, and It Is not sensible to remove any street lights along It. Mayor Elling felt It is wasteful to have two lights at the same Intersection <Crooked Lake School exIt and Bunker Lake Boulevard). After further Counc II discussIon, It was noted that Heather Street Is directly ac~oss from the Meadow Creek Church/School exit; so moving one of the lights to that Intersection would benefit both exits. Mr. Haas stated the light on the east light would be moved. MOTION by Jacobson, Seconded by Orttel, that we authorize Staff to contact with the County or Anoka Electric CooperatIve, whomever necessary, to move one of the lights In front of the Crooked Lake School exit onto Bunker to the Intersection of Heather and Bunker. It Is our understanding the cost is approximately $200 to make that move and connect the light. Motion carried unanimously. SCHEDULE BUDGET MEETING Counc I I agreed to hold a budget meeting on Wednesday, November 1, 1989, at 7 p.m., to discuss the 1989 and proposed 1990 budgets. - -- Regular City Council Meeting Minutes - October 17, 1989 Page 11 ACCEPT STREETS/LUND'S 5TH ADDITION MOTION by Orttel, Seconded by Knight, a Resolution approving the final grading for street construction of Lund's Evergreen Estates 5th Addition as being developed by James Lund In Section 9 32 24, noting the seeding and grading Is on the public right of way. (See Resolution R177-89) Motion carried unanimously. SPEED STUDY DISCUSSION/HAWK RIDGE AREA Mr. Haas reviewed the MnDot speed study for the Hawk Ridge area. Attorney Hawkins noted the area does not necessarily have to be posted, as the State Statute Is the urban speed limit Is 30 mph. Staff also noted It Is very costly to put In all the signs. and it is not a budgeted Item. Mr. Schrantz stated they have been posting 30 mph signs at the entrances of developments off the main roads. It was then agreed to put a stop sign on 179th and speed signs on the main collector roads going Into the development. MOTION by Orttel, Seconded by Jacobson, that the CouncIl authorize the Installation of speed limit signs as al lowed by MnDot at the entrances of the following developments: Hawk Ridge, Countryvlew Estates, and Verdin Acres, as well as the Installation of a stop sign on 179th Avenue In Hawk Ridge as allowed by the State of Minnesota, and that the Council authorize the City Staff to request a speed traffic study for Barnes RoIling Oaks Second AdditIon; with the signs to be Installed after the first of the year. Motion carried unanImously. MARIAN HEIDELBERGER VARIANCE Attorney HawkIns explaIned the Judge has agreed the Heidelberger garage Is a violation of the ordinance but he would not put Mrs. Heidelberger In Jail for It nor order It to be taken down. If the City wishes to pursue It further, It can take a civil action against Mrs. Heidelberger to have a court Issue an InJunction to take down the structure. It Is a longer and more expensive process. Counc I I expressed disappointment and frustratIon over the ruling but took no further actIon at this time. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Perry, that we approve Claims 17409 through 17499 for a total dollar amount of $358,795.72. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, to adJourn. Motion carried unanimously. Meeting adJourned at 11:02 p.m. ~espectfullY SYbml~ ~ ~ C~ F0-<.-/ M~a A. Pea~, Recording cretary --