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HomeMy WebLinkAboutCC April 2, 1991 ~ CITY of ANDOVER Regular City Council Meeting-April 2, 1991 1:30 p.m. call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items I. Public Hearing/Ordinance 8, Curbing Requirements 2. Amend Ordinance 8, Sections 4.05 and 6.02 3. Paint Ball War Games Discussion Staff, Committee, Commissions 4. Equestrian Council Appointments 5. Approve Strp.et Sweeping Quotes 6. Approve Refinishing Exterior of Public Works Building 7. Road Committee Report 8. Appoint Representative/Site Selection Committee 9. Approve Budget Reduction Plan Non-Discussion Items 10. Receive Fea3ihility Report/91-2/Creekview Crossing 11. Approve Installation of Signs/Barnes Rolling Oaks 12. 90-3/90-16 Assessments/Declare Costs, Waive P.H. , Adopt Assessment Roll Mayor/Council Input Approval of Cl~im~ Adjournment ~ <---- ~-- .~-- REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 2, 1991 TABLE OF CONTENTS AGENDA APPROVAL . . . · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · 1 PUBLIC HEARING/ORDINANCE 8, CURBING REQUIREMENTS · · · · · · · · 1 Motion to table to next regular meeting · · · · · · · · · · · 3 AMEND ORDINANCE 8, SECTIONS 4.05 AND 6.02 . . . . . . . . . . . . 4 PAINT BALL/WAR GAMES DISCUSSION . · · · · · · · · · · · · · · · · 4 EQUESTRIAN COUNCIL APPOINTMENTS . · · · · · · · · · · · · · · · · 4 APPROVE STREET SWEEPING QUOTES · · · · · · · · · · · · · · · · · 4 APPROVE REFINISHING EXTERIOR OF PUBLIC WORKS BUILIDNG . · · · · · 5 ROAD COMMITTEE REPORT . · · · · · · · · · · · · · · · · · · · · · 5 APPOINT REPRESENTATIVE/SITE SELECTION COMMITTEE . · · · · · · · · 6 RESOLUTION R039-91 (Aprove Budget Reduction P]an) · · · · · · · · 6 RESOLUTION R040-91 (Installation at Signs/Barnes Roiling Oaks) · 6 RECEIVE FEASIBILITY REPORT/IP91-2/CREEKVIEW CROSSING · · · · · · 6 RESOLUTION R041-91 (Approving Feasibility Report) · · · · · · 7 IP90-3/90-16 ASSESSMENTS/DECLARE COSTS/WAIVE PUBLIC HEARING/ ADOPT ASSESSMENT ROLL · · · · · · · · · · · · · · · · · · · · 7 Motion to Table · · · · · · · · · · · · · · · · · · · · · · · 7 PLANNING AND ZONING COMMISSION Motion to Appoint Randal Peek as Chaleperson . · · · · · · · · 8 Motion to Accept Ron Ferris Resignation · · · · · · · · · · · 8 Motion to Appoint Maynard Apel to Commission · · · · · · · · · 8 MAYOR AND COUNCIL INPUT Microphones · · · · · · · · · · · · · · · · · · · · · · · 8 Dog Complaint · · · · · · · · · · · · · · · · · · · · · · · · 8 Council Update Video . · · · · · · · · · · · · · · · · · · · 8 Tree Board . · · · · · · · · · · · · · · · · · · · · · · · · · 8 AAA Use of Bal] Fields. · · · · · · · · · · · · · · · · · · 8 Railroad Crossings. · · · · · · · · · · · · · · · · · · · · · 9 Assessments/Kensington Estates, Continued · · · · · · · · · · 9 LandfiJ I . . · · · · · · · · · · · · · · · · · · · · · · · · · 9 Transient Merchant Ordinance . · · · · · · · · · · · · · · · · 9 Andover City Newsletter · · · · · · · · · · · · · · · · · · · 9 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 9 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 9 ,- .... ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 2, 1991 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Oettel on Ape i 1 2, 1991, 7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevaed NW, Andover, Minnesota. Councilmembers peesent: Jacobson, McKelvey, Perry, Smi th (arrived at 8:42 p.m.) CounciJmembers absent: None Also present: City Attoeney, John Bueke: TKDA Engineer. John Davidson: City Planner, David Carlberg: City Finance Director, Howard Koolick: Ci ty Administrator, James Schrantz: others RESIDENT FORUM None AGENDA APPROVAL The fol lowing additions weee added to the Agenda: Item 9a, Planning and Zoning Commission Resignation and Appointment: and Closed Session with the City Attorney. MOTION by Perry, Seconded by Jacobson, appeove the Agenda as amended. Motion careied on a 4-Yes, l-Absent (Smi th) vote. APPROVAL OF MINUTES March 19. 1991, Regulae Meeting - Correct as written. March 26, 1991, Special Meeting - Correct as weltten. MOTION by Jacobson, Seconded by Perry, both sets of Minutes as weitten. Motion carried on a 4-Yes, l-Absent (Smi th) vote. PUBLIC HEARING/ORDINANCE 8. CURBING REQUIREMENTS The Council reviewed the paving and curbing requirement survey of other cities which was conducted by PJannlng and Zoning Commissioner Randy Peek. Mayor Orttel stated the change he was proposing is designed for the rural and low-use type areas where the expense of curb and gutter Is not necessary unless to conteol drainage and traffic. He also felt that curb and gutter would take away from the rustic atmosphere in the more rural aeeas. --.............. ..--- Regulae City CounciJ Meeting Minutes - Apri I r) 1991 .., Page 2 <Public Hearing/Ordinance 8, Cuebing Requirements, Continued) Councilmember Jacobson stated because of a possible confJlct of interest, he wi 11 not vote on the issue. But one peobJem he saw was having to make a judgement cal I on what is low use and high use areas unless i t is specifically stated in the oedinance. Mr. Carlberg stated the Planning Commission and Staff both feel the ordinance should remain as written. Theee was agreement that churches would be considered high use because most of them have become multi-use facilities. AJso, the ordinance should give the Engineering Department the Jatitude to waive conceete curb and gutter when it is not needed for engineering reasons. In reviewing the proposed ordinance change, the consensus was also that in situations wheee it Is expected the parking lot wi I I be expanded, only that part of the lot planned tor expansion would be waived from curb and gutter requirements. The intent is also that where concrete curbing Is required, the curbing also be in the interior areas around islands, etc. , based on engineering recommendations. Mayoe Oettel opened the public hearing for resident testimony at 7:59 p.m. RandY Peek. 13405 Uplander Steeet NW. Plannino and Zonino Commissioner - is opposed to amending the cureent ordinances. He asked if the changes made this evening Includes the storage areas which are incJuded In the existing ordinance. Mr. Carlberg believed they were. Commissioner Peek - wondered if a rewording would be better to have the opening parageaph require concrete curb and gutters in al I areas and then list the exceptions. He asked how the new proposal would be appJied to the new fire stations, one being in the urban aeea and one being In the rural area. Mayor Orttel telt that the fire stations would not be considered low use, so concrete curbing would be required in both cases. Councimember Perry stated she is interested in waiving the concrete curbing requirements I f theee Is an engineeeing problem and only in the very low use public areas. She also believes the oedinance as written requires mace concrete curb and gutter than is absolutely necessary, and a change is appropriate. Commissioner Peek - wondered If I t Is unfavorable treatment to expect pelvate developments to put In concrete curb and gutter when the city is unwlJJlng to do so. If I t Is to be waived for low use aeeas, he felt some specific celterla should be included as a guideline such as undee a specific number at packing lots or primarily In the R-l areas and possibly eecreatlonal areas. Counc i I member Jacobson agreed that without specific guidelines, I t becomes a judoement call by the Engineering or Building Departments or by the Council. ,. ..- ..- Regular City Council Meet! ng Minutes - April 2, 1991 Page 3 (Public Hearing/Oedinance 8, Cuebing Requirements, Continued) Mayor Orttel thought the ARC Committee or Engineering Department should be making the determination based on engineering factoes. If it would come to the Council, the Counc i I has the ability to look at it somewhat objectively, to use common sense, and to explain how the taxpayers' money is being spent. He felt it could be a changing thing as the City grows. The Counc i I then agreed to incorporate the proposed changes wIth the existing ordinance as fo]]ows: 9. Curbino. Al I driveways, loading areas, parking areas and storage areas shaJ I be bounded by poured-in-place concrete curb and guttee, except for single-familY, two-fami I y, townhouse and quadrlminium dwellings, farms, and low-use public occupancies. AI I deivlng areas and parking aeeas which are accessory to low-use public occupancies shall contain poured-ln-pJace concrete curb and guttee on the portions of such areas which front on a pubJlc right of way extending back to the building or building set-back line It no buIlding is In place. Concrete curb and gutter or cueb only may be requieed on the perimeter at any other driving or parking areas or any interior areas where necessary for drainage or traffic control based on the determination of the City Engineer. (a) The City may exempt cuebing where the City has approved tuture expansion at the parking lot. (b) Pour-In-place concrete traffic safety islands may be required to maintain a safe and ordeely tlow of traffic within the parking lot and shall be approved by the City Engineer. All construction shal 1 be in conformance with curbing specitlcations on f i 1 e In the off I ce of the City Engineee. MOTION by Jacobson, Seconded by Perry, to close the public hearing. DI SCUSSION: P & Z Commissioner Marc McMullen stated from his experience on the Park Board, curbing is needed to keep motorized vehicles out of the parks. Counc i I felt that fencing would be more effective. Motion carried on a 4-Yes, 1-Absent (Smith) vote. MOTION by Perry, Seconded by McKelvey, that we tabJe this unti I the next regularly scheduled meeting at which time Staff will have prepared for us an amendment to Ordinance 8 based on our comments tonight. Motion carried on a 3-Yes, 1-Peesent (Jacobson), 1-Absent (Sml th) vote. Hearing continued at 8:26 p.m. ~. ,- ".-.. Regular City Council Meeting Minutes - April 2, 1991 Page 4 AMEND ORDINANCE 8. SECTIONS 4.05 AND 6.02 Mr. Carlberg eevlewed the Planning Commission's eecommended amendment to Ordinance 8, Section 4.05 (K) to prohibit pole buildings in all residential districts on parceJs at three acres or less and within the MUSA area. He noted the pole building Itself would be allowed in the MUSA, but it cannot have the sheet metal siding or root. It must have eegular housing siding and roofing. Mayor Orttel questioned how the ordinances apply when property is zoned Ag Preserve. Staft was asked to determine I f there is a conflict between the City's zoning requirements and Ag Preserve or If Ag Preserve needs to be incorporated into Ordinance 8. MOTION by Jacobson, Seconded by Percy, the Amendment to Ordinance 8 as presented dealing with Section 4.05 (K). Motion caerled on a 4-Yes, l-Absent (Smi th) vote. MOTION by McKelvey, Seconded by Jacobson, Amendment to Ordinance 8, known as the Zoning Ordinance of the City at Andover, Section 6.02. Motion caeried on a 4-Yes, l-Absent (Sml th) vote to eequire a 440-square-toot garage to be constructed on a property prior to the conversion of an existing garage to Jivable space. PAINT BALL/WAR GAMES DISCUSSION Mr. Carlberg explained the Planning Commission and Staft recommend that no action be taken on the Issue at paint ball and war games, as they are properly eegulated by the cureent Ordinance 8. They are allowed by Special Use Perml t in the General Recreational district and in the General Business district as a permitted use. Counc i I concurred. EQUESTRIAN COUNCIL APPOINTMENTS MOTION by Jacobson, Seconded by Peery, that the Ci ty Counci I appoint to the Andovee Equestrian Council Caeol Kelly, whose term shal I expire Decembee 31, 1992, and David Hefner, whose term will expire Decembee 31, 1991. Motion carried on a 4-Yes, l-Absent (Smi th) vote. APPROVE STREET SWEEPING QUOTES Frank Stone, Public Works Supeevisor, reviewed the quotes, noting the low quote from Al lied Blacktop. He was comfortable that all the streets in the City wi]1 be swept within the budgeted amount. Me. Koollck stated the Staff recommended $4,000 be cut feom this budget item in Phase II at the budget cuts. The final reduction wilJ be adjusted to what was actually underspent in this item. ,. .... Regulae City Council Meeting Minutes - April 2, 1991 Page 5 Councllmember Smith arrived at this time: 8:42 p.m. (Approve Street Sweeping Quotes, Continued) MOTION by Jacobson, Seconded by McKelvey, that the City Council accept the bid feom Allied Blacktop Company to sweep the streets of the City of Andover in 1991 toe a total of 325 houes for an estimated cost at $17,875 as pee the bid sheet. Motion carried unanimously. APPROVE REFINISHING EXTERIOR OF PUBLIC WORKS BUILDING Mr. Stone stated the quote to repair the Fire/Public Works Building is $3,000 more than it was last fall. Because of the deterioeating condition of the bui Iding, he feJt ¡ t is something that cannot wait to be done. He felt this type of maintenance wi I I be needed on an on-going basis for this building. The building Is 13 years old and has had no maintenance other than painting. Discussion was on the funding at the project. Mr. Stone suggested the funds come from the PIR fund, which has approximateJy $110,000 remaining from the 1978 Fire Department bond. Mayoe Orttel felt It makes sense to use those tunds on the maintenance of this bui lding, though it requires a 4/5 vote to approve that expenditure. Mayor Orttel asked for a motion to direct Mr. Stone to obtain three est imates on the repair of the Fire/Public Works BuiJding. MOTION by Jacobson, Seconded by Smith, to so move. Motion caerled unanimously. ROAD COMMITTEE REPORT Councilmember McKelvey reviewed the recommendations made by the Road Committee after meeting with the property owners of the vaeious project areas: Rum River Forest - Crackseal the streets only. Lakeridge - Crackseal the streets only. Njordmark-Dale - The residents Indicated they will try to get a petition for road improvement for their area plus 178th and Quay. Staff believes the road In Njordmark-Dale is beyond repair. University Avenue - The residents south of 157th wish to have the road paved. Those north of 157th ace against putting in the street. Mayor Orttel stated he has spoken with the Mayor of Ham Lake who has stated they are still interested in doing al J of University Avenue. He will be explaining what happened at the Road Committee meeting to Mayor Nelson and see what Ham Lake wants to do. Counc i 1 directed Staff to tind other areas in which the MSA funds can be used this year other than Ceooked Lake Boulevaed. ,- ,,- Regular City Council Meeting Minutes - April ~ 1991 ~, Page 6 APPOINT REPRESENTATIVE/SITE SELECTION COMMITTEE Mayor OrtteJ stated the City needs to update the appointment of the representative and alternate to the Anoka County Site SeJection Authority. Council agreed to appoint those Councilmembees who serve on the City's Environmental Committee. MOTION by Jacobson, Seconded by Peery, that the City Council appoint Ken Oettel and Todd Smith to be our representative and alternate on the Anoka County Site Selection Authority for 1991. Motion carrIed unanimously. APPROVE BUDGET REDUCTION PLAN Mr. Koollck reviewed the peoposed budget cuts to deal with the reduction in State Ald. The amount In the Fire Protection Salaries budget Includes a carrying forwaed at a budgeting mistake. The $25,000 cut In that line Item should not affect the payout for the Fire Marshal, Staft and volunteers. MOTION by McKelvey, Seconded by Jacobson, a Resolution amending the 1991 Geneeal Fund Budget and adopting the City of Andover budget reduction plan, Resolution R039-91, and attach a copy of the three-page document showing those reductions. Motion carried unanimously. APPROVE INSTALLATION OF SIGNS/BARNES ROLLING OAKS MOTION by Peery, Seconded by Smith, a Resolution approving a 35 MPH speed limit in the Barnes Rolling Oaks 2nd AdditIon In the City of Andover and authorizing an expenditure of $1,100 for the signs as presented in the Intormational cover sheet, Resolution R040-91. Motion carried unanimously. RECEIVE FEASIBILITY REPORT/IP91-2/CREEKVIEW CROSSING Me. Davidson eeviewed the feasibility repoet foe Creekvlew Crossing for sanitary sewers, watermaln, stoem sewers and streets. The owner to the east has agreed to pay for one-half at the cost of Xeon to serve his property. The estimated project costs are $782,253.50, for a total unit cost at $10,415.40. Tonv Emmerich - stated they are negotiating with the property owner to the east regaeding the costs of the streets and utilItIes. The streets from the plat wi I I be fInished to the property line. Mr. Davidson stated all costs except a portion of the street costs for Xeon are included in the feasibility for this development. , - ._- Regular City Council Meet! ng Minutes - April 2, 1991 Page 7 (Receive Feasibility Report/IP91-2/Creekview Crossing, Continued) Counc i I questioned whether the letter from the eastern property owner waiving the public hearing meets all the legal requirements. Mr. Emmerich stated he did waive the hearing and his rights, but he wi I ] obtain the peoper documentation. MOTION by Jacobson, Seconded by Smith, a Resolution accepting teasibillty study, waiving public hearing, ordering impeovement and directing prepaeation of plans and specifications for the Improvement of Project 91-2, Creekvlew Crossing. (See Resolution R041-91) Motion careied unanimously. IP90-3/IP90-16 ASSESSMENTS/DECLARE COSTS. WAIVE PUBLIC HEARING/ADOPT ASSESSMENT ROLL Mr. Davidson reviewed the assessment rol I for ProJects 90-3 and 90-16, Kensington Estates 5th and 6th Additions. The addi t! ana J costs over the original estimate are the result of the platting of an additional six lots in the 6th Addition. The total to be assessed excludes the Ci ty's share for curb and gutter and some impeovements to the City park and on Raven Street. The cost of $347,902 assessed against 49 lots equates to an assessment of $7,100.06 per lot. The call Is to be spread over ten years at 8.5 percent Interest. Jerrv Wlndschitl - objected to the $11,027 caJculated for inteeest at 7.5 percent from the beginning of the project. It is calculated as if he had never prepaid any of the money, when in fact he did prepay a large portion of the project back to the City. He has made an aerangement with his title company to prepay assessments directly to the City rather than to the title company. This way the City gets Its money faster. Mr. Wlndschl t1 stated he did not object to paying the inteeest, but he did not want to be charged twice for it. He asked that he be credited for interest on his escrowed prepayments that the City is holding. Atter some discussion at how and why this happened, it was agreed to table this Item to allow the City Attorney to give an opinion on the payment of interest on the peepayments made by Mr. Wlndschitl and to allow Staff to calculate the interest due him. Mr. Schrantz noted that no other developee has made peepayments directly to the City and the City has never given interest on prepayments before. Counc i I noted that this needs to be reviewed more closely and possibly included In future Development Agreements with developees. MOTION by Jacobson, Seconded by Perry, that we table this item until the next regularly scheduled meeting: In the meantime, ask the legal counsel of the City to look at the mattee that has been brought up and ask his legal opinion as to what we can do or cannot do and what Is legal and bring it back at the next meeting. Motion carried unanimously. (Later in the meeting it was agreed to continue this item to the Special Counc i I meeting on Thursday, Apri I 4, 1991.) ,- ..- .. Regular City Council Meeting Minutes - Apri I 2, 1991 Page 8 PLANNING AND ZONING COMMISSION - RESIGNATION/APPOINTMENT Mayor Orttel repoeted Ron Ferris has eesigned from the Planning Commission effective immediately. He eecommended Randal Peek be appointed as Chaieperson. The Counc i 1 aJso agreed to fIll the vacancy wi th the aJternate candidate selected at the January 29, 1991, meeting. MOTION by Perry, Seconded by Jacobson, that the position of Chairperson of the Andover Planning and Zoning Commission be offered to Randal Peek. Motion caerled unanimousJy. MOTION by Smith, Seconded by McKelvey, that we accept Ron Ferris' resignation. Motion caerled unanimously. MOTION by Jacobson, Seconded by McKelvey, that we appoint Maynard Apel to the Planning and Zoning Commission to till the unexpired term of Ron Feeris. Motion carried unanimously. MAYOR AND COUNCIL INPUT Microphones - Mayor Orttel requested Staff to have the microphones in the Counc i I Chambees eepaired. Neither those watching the meetings on Cable TV nor the tapes recording the meetings receive al I the audio. Dog Complaint - Mayor Orttel repoeted a ca 1 I received eegardlng a barking dog. It was his undeestanding the Attorney felt the City's Dog Ordinance is entorceable. Counc i I discussion noted backing dogs can also be considered a nuisance. Mayoe Orttel stated he will discuss this with the City Attorney and wlJI ask the Deputies to patrol the area of this particular complaint. Counc i 1 Update Video - Mayor OrtteJ stated the cable company has more flexible times In which the Counc i I can recoed the video summary of the Counc i I meetings. In a brief discussion, it was noted that the schedule is for the Mayoe to update the first meetIng of each month, and the second meeting wi I I be done by the Councilmembers on a rotating basis. Tree Board - Mayor Orttel noted the county Is starting a Tree Board in which they wi II ask the City to appoint a Council and resident representative: however, Andover's Board is not yet filled out. Mr. Carlberg stated he has received four applications. Discussion noted this should be brought up at the Town Meeting this month. AAA Use of Ba I I Fields - Mayor Orttel stated apparently the Park Baaed has said they will chaege the Andover Athletic Association for the use of the bal I fields. He noted all the volunteer work and donations provided by the AAA for the City, questioning whether the City should then be charging to use the fields. He asked that Mr. Haas deteemine how the charge came about. ,,- Regu]ar City Council Meeting Minutes - April 2, 1991 Page 9 (Mayoe and Council Input, Continued) Railroad Crossings - Councilmember Jacobson questioned what has been and what can be done about the length at time the trains block the intersections. Mr. Schrantz was asked to look Into the matter. Assessments/Kensington Estates, Con tI nued - Mr. Davidson proposed that Mr. Wlndschitl be credited on the prepayments made to the City at the rate of 7 1/2 percent interest for the time the City had the money. Counc i I peeferred to have all the calculations before approving the assessment rol I . Rather than ho]d up the assessment tor two weeks, I t was agreed to act on the Item at Thursday's Special Counc i I Meeting after the Baaed of Review. Landf i I I - Mayor Orttel reported he received a response from PCA stating the City aleeady has caples of the maps on the eestoration around the landfi II. He asked that Staff check Into that fuether. Transient Merchant Ordinance - Mayor Orttel reported on a complaint from a local merchant because the City allows road-side seJling of flowers by license. The complaint was it cuts into the profits and verbal assaults were received from the vendor. The suggestion was to review the Transient Merchant Ordinance to see I f that is what the City wants, the claim being it is hurting the peemanent meechants. Some sales, like that of Christmas Trees, are transient by nature. The Mayor asked Mr. Carlberg to obtain a copy of the Frld1ey ordinance to compare. Andover City Newsletter - Mayor Orttel reported the Andover Express left town over the weekend, though they are saying they will st III publish the paper and carry the City's otflcial newsletter. Counc i I noted the entire issue will be looked at again after the initial three-month trial period, which is in May. APPROVAL OF CLAIMS MOTION by Smith, Seconded by Jacobson, that we accept the Claims. (Total of $167,646.14) Motion carried unanimously. THE COUNCIL RECESSED TO A CLOSED SESSION WITH THE CITY ATTORNEY REGARDING THE SONSTEBY LAWSUIT, 10: 17: RECONVENED AT 10:21 p.m. MOTION by Jacobson, Seconded by McKelvey, to adjourn. Motion carried unanimous1y. Meeting adJourned at 10:21 p.m. Respectful]y sU9mitted, , ., , I' r .- -" . () I '" a:v.(:\~_ .J ~ : F,'~--- MarcelJa A. Peach, Recording Secretaey ,,-