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HomeMy WebLinkAboutCC March 19, 1991 ~ CITY of ANDOVER Regular City Council Meeting - March 19, 1991 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Senator Greg Dahl Discussion Items 8:00 P.M. I. DNR Permit Request/Slyzuk 2. Special Use Permit/Bendtsen Gun Shop 3. Special Use permit/po Hagen Beauty Shop 4 . Variance/Rucks 5. variance/Runke 6. Ordinance 8, Sec. 8.08 Discussion/Curbing 1. Response to Metropolitan Waste Control 8. Coon Creek Watershed Appointment Staff, Committee, Commission 9. Equestrian Council Applicants 10. Purchase Sewer & Watermain Locator 11. Purchase Gas Detector 12. Approve Solid Waste Joint Powers Agreement 13. Approve Goodwill Industries Agreement 14. Amend Fire Truck Bids 15. Order Ad for Rids/Air Packs/Fire Dept. 16. Approve Revised By-Laws/Firefighters Relief Assn. 11. Assessment Abatement, Cant. 18. DARE Contribution 19. Approve Storm Sewer Base Maps 20. Accept old Constance Boulevard 2I. Rename Constance Boulevard 22. Assessment policy Non-Discussion items 23. Award Bids/90-12 & 90-13 24. Award Bid/Fire Stations/90-26 25. Approve Plans & Specs/90-25 26. Receive Petition/Creekview Crossing/91-2 21. Accept Feasibility Report/91-1/Crosstown Dr. 28. Receive February Financial Reports Mayor/Council Inp¡.t Approval of Claims Adjournment 1 .- ----- . ~,._.,.. . ."-.. - , - - . REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 19, 1991 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 RESOLUTION R028-91 (Special Use Permlt/Bendtsen Gun Shop) · · · · 2 RESOLUTION R029-91 (Special Use Permlt/P. Hagen Beauty Shop) · · · 3 VARIANCE/RUCKS . · · · · · · · · · · · · · · · · · · · · · · · · · 3 Motion to table/reter Items to P & Z · · · · · · · · · · · · · 4 DNR PERMIT REQUEST/SLYZUK · · · · · · · · · · · · · · · · · · · · 5 VARIANCE/RUNKE . · · · · · · · · · · · · · · · · · · · · · · · · · 8 RESOLUTION R030-91 (Deny Runke Variance) · · · · · · · · · · · · · 9 ORDINANCE 8, SECTION 8.08 DISCUSSION/CURBING . · · · · · · · · · · 9 Motion to hold public hearing. · · · · · · · · · · · · · · · · 10 RESPONSE TO METROPOLITAN WASTE CONTROL Motion to correct tiguees . · · · · · · · · · · · · · · · · · · 10 COON CREEK WATERSHED APPOINTMENT Motion to nominate Bob Boyum, Don Jacobson and Todd Smith · · · 10 EQUESTRIAN COUNCIL APPLICATIONS Motion to reappoint Don Eveland/Equestrian Council to Inteevlew othees and make recommendation · · · · · · · · · · · 11 PURCHASE SEWER AND WATERMAIN LOCATOR/GAS DETECTOR · · · · · · · · 11 APPROVE SOLID WASTE JOINT POWERS AGREEMENT . · · · · · · · · · · · 11 APPROVE GOODWILL INDUSTRIES AGREEMENT · · · · · · · · · · · · · · 11 AMEND FIRE TRUCK BIDS · · · · · · · · · · · · · · · · · · · · · 12 RESOLUTION R031-91 (Award BId/Fire Stations/IP90-26) · · · · · · · 12 ORDER AD FOR BIDS/AIR PACKS/FIRE DEPARTMENT · · · · · · · · · · · 12 RESOLUTION R032-91 (Approve Revised By-Laws/Fleefighters Relief Association) · · · · · · · · · · · · · · · · · · · · · · · · · 13 ASSESSMENT ABATEMENT . · · · · · · · · · · · · · · · · · · · · · · 13 DARE CONTRIBUTION Motion to deny · · · · · · · · · · · · · · · · · · · · · · · 13 APPROVE STORM SEWER BASE MAPS · · · · · · · · · · · · · · · · · · 14 I - City of Andover Regular Council Meeting March 19, 1991 Page 2 RESOLUTION R033-91 (Accept OJd Constance Boulevard) · · · · · · · 14 RENAME CONSTANCE BOULEVARD . · · · · · · · · · · · · · · · · · · · 14 RESOLUTION R034-91 (Assessment Manual Policy and Procedure) · · · 14 NON-DISCUSSION ITEMS . · · · · · · · · · · · · · · · · · · · · · · 14 RESOLUTION R035-91 (SldewaJks/Bent Creek and Creekridge Estates) · 15 RESOLUTION R036-91 (Final Plans and Specs/Mosquito Control) · · · 15 RESOLUTION R037-91 (Adequacy of Petition/Order Feasibility/IP91-2) 15 RESOLUTION R038-91 (Receive Feasibility/Set Hearing/IP91-1) · · · 15 MAYOR AND COUNCIL INPUT Andover Express Newsletter · · · · · · · · · · · · · · · · · · 15 PJaque for Fire Station. · · · · · · · · · · · · · · · · · · · 15 Oak Grove Demolition Disposal Site · · · · · · · · · · · · · · 15 SanItary Sewer and Water BIJllngs . · · · · · · · · · · · · · · 15 APPROVAL OF CLAIMS . . · · · · · · · · · · · · · · · · · · · · · · 16 ADJOURNMENT . . . . . · · · · · · · · · · · · · · · · · · · · · · 16 1 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 19, 1991 MINUTES The Regular BI-MonthIy Meeting of the Andover City Council was called to oeder by Mayoe Ken Oettel on March 19, 1991, 7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CounciImembers present: Jacobson, McKelvey, Perry, Smi th Councilmembees absent: None Also present: City Attorney, WI I liam G. Hawkins: City Plannee, David Carlberg; City Finance Director, Holwaed Koolick; Ci ty Zoning Admlnlsteator, d/Arcy Bosell: Planning and Zoning Commission Chairperson, Ron Ferris: City Administrator, James Schrantz: othees RESIDENT FORUM Chari ie Veiman. 13646 Crooked Lake Boulevard - exp]alned the procedure of the Mayoe and Councllmembers making a tape summarizing the Counc i I meetings for cab]e TV. The tapes are run as governmental eeports on Channe]s 16 and 33. Mr. Veiman explained this will Intorm the residents at Andover what Is really happening in the City, and he hoped that the radio and Andovee Express would also begin publishing news at the City. Jav Blake. 13425 Uplander - stated he was glad to see the Council wi II be televising the summary of the Council meetings for the City. Secondly, he was concerned over the Issue of the City utilizing the Andover Express as Its officia] City newsletter. Wi th this pubIic/private partnership, the City has no editorial control. In this first instance, the paper wrote a very supportive article tor one ot the candidates running for County Commissionee, and the impl icatlon was that Andover was endorsing that candidate. He was also conceened of possible legal action if something racist, deeogatory, or sexist was said in that section over which the City has no control. Mr. Blake suggested the City should drop the partnership with Andover Express. Mayor Oettel stated the CouncIl has some of those same conceens, noti ng the item will be discussed In the Mayor/Council Input portion of the Agenda. AGENDA APPROVAL MOTION by Smith, Seconded by McKelvey, approve the Agenda as presented. Motion carried unanimously. I - ..--.- Regular City Council Meet! ng Minutes - March 19, 1991 Page 2 APPROVAL OF MINUTES March 5, 1991. Regular Meeting - Correct as written. Maech 5, 1991, HRA Meeting - Correct as written. March 7, 1991, Joint Meeting with P & Z - Page 3. Second paragraph, fifth lIne, change to: "...see a density more than that of the cureent R-4 zone. " MOTION by Perry, Seconded by McKelvey, the three Minutes as corrected. Motion carried unanimously. SPECIAL USE PERMIT/BENDTSEN GUN SHOP Chaleperson Ferris eeviewed the Commission's recommendation to approve the Special Use Permit request of Robert Bendtsen to operate a gun sales and repair shop at 1714 Bunker Lake Boulevard NW. The bui Iding Is vacant at this time. The CommIssIon has also requested that the Fire Department be made aware that ammunition wI I I be stored on site. Mr. Carlbeeg stated he Informed the Fire Marshal. Robert Bendtsen - explaIned the security system that wi I] be instal led, which was required, betore they could obtaIn Insurance. They have a special security system with a cal I going to the police and tire pIus to the owner's home In the event of break-In, vandalism, or the phone line Is cut. There will also be secuelty lights around the building. They have eequested the trees be removed from the teont, but they are on county property and the county does not want to eemove them. Chuck Zilla - also explained there are dual motion detectors and smoke and heat detectors. MOTION by Perry, Seconded by Smith, a Resolution granting the Special Use PermIt request of Robert Bendtsen to operate a gun sales and repaie shop located at 1714 Bunker Lake Boulevard NW as prepaeed. (See Resolution R028-91) Motion carried unanImously. SPECIAL USE PERMIT/P. HAGEN BEAUTY SHOP Chairperson Ferris reviewed the Planning Commission's recommendation to appeove the Special Use Permit request of Pateicla Hagen to operate an In-home beauty salon at 2646 133rd Lane NW. The CommissIon had made a recommendation that the the 20 peecent stipulation of Ordinance No. 8, Section 4.30 ( B) 2 be me t. The City Attoeney has since advised that that stipulation does not apply since the beauty salon wi]] be operated from an accessory structure. At their March 12 meeting, the Planning Commission redrafted their recommendation to delete that portion at the motion eeteeenclng the 20 percent requirement. 1 Regulae City Council Meetl ng Minutes - March 19, 1991 Page 3 (Special Use Perml t/P. Hagen Beauty Shop, Continued) Chairperson Ferris explained that there was no public Input at the hearing: however, there were two calls to Staff with regard to the number of caes on that parcel. The applicant has stated her three grown children have since moved or are in the process of moving, so that concern has been eliminated. MOTION by Jacobson, Seconded by McKeIvey, a Resolution granting the Special Use Permit request of Patricia Hagen to operate an In-home beauty salon at 2646 133rd Lane NW. (See Resolution R029-91) Motion carried unanimously. VARIANCE/RUCKS Chairperson Ferris reviewed the Planning Commission's recommendation to deny the variance request of Karolyn Rucks to allow the pIacement of an accessory structure for the keeping of equines closee to the wel I than Is permitted by City ordinance at 840 146th Lane NW. The complaint was tirst brought regarding horses In the tront yard on a 2 1/2-acre lot. The revised Ordinance No. 23 cal Is for horses to eemaln in the eear yard on paecels five acres or less. Chairperson Ferris reviewed the background, pointing out Ms. Rucks received a permit to build the pole barn, but the lean-to in which the horses are kept was added at a later date without a building permit. If a bui]ding permit had been applied for, it would not have been aI]owed because it did not meet the sepaeatlon requirement between the well and the horse area. The 100-foot separation requirement has been in Ordinance 8, Section 8.19F, but it was added to Ordinance 23C, Section IV (C) last fall. They have also found that the State separation requirement between the well and where horses are stalled is 50 feet. In this case, the separa tI on Is onIy 24.5 feet. Mayor Orttel noted when that oedinance was enacted, many at the wells were shallow wells. Mr. Carlberg stated he discussed this with John Bills, Chairpeeson of the Equestrian Council, who feels the City is being too stringent with the 100-foot separation eequlrement. There is also the question at grandparenting existing equine operations, which the Equestrian Counc I I felt had been done with the new Ordinance 23. They were under the impression that the revised ordinance applied only to new operations, not existing ones. Chairperson Ferris also noted the Commission ta]ked about the possibility of varying the separation to be dependent upon the number of horses being housed. In this case, it is not just the City's ordinance, but the State eequirement which makes it more difficult to I - on _ Regular City Council Meeting Minutes - March 19, 1991 Page 4 (Variance/Rucks, Continued) grant. The only other place the lean-to can be placed would be in the southwest corner of the property, where it would have to be a free- standing building; but he did not believe that would be 100 feet from the well. With so much of the property not being usable, he questioned whether this parcel is Jarge enough to keep horses. The rationale for the one opposing vote on the P & Z was that there should be some grandparenting peovision to the revised Equine Ordinance. Several Councilmembers recalled the Equestrian Council sayIng a large number of existing horse operations wouJd not meet the ordinance requirements, and the understanding was they would be grandparented In and the provisions would apply to any new horse operations. Kaeolvn Rucks. 840 146th Lane - stated the lean-to Is 33 teet team the we I I . Mr. Carlberg stated he measured it today and found it to be a 24-foot separation. Dave Almgren, City Building Inspector, stated the State requires a 50-foot separation from the manure pit and the wel] . It does not say anything about the shelter, just the manure pi Ie. Mr. Carlberg stated in the winter, the pileup occurs in the shelter. The concern is what happens I f her we I I becomes contaminated. The wel J was tested since the last meeting and no problems were tound. Ms. Rucks - disagreed, statIng her barn is kept clean all the time. Her manure pile Is to the west. MC'. Carlberg telt there was a considerable amount of manure in the lean-to. In further discussion, the Counc I I general I y fel t i t Is a private health issue and questIoned whethee the City could legally vary trom the State eequirement. They also suggested the Planning Commission look at Ordinance 23 and Ordinance 8 to bring It into compliance with the State law and look at Including a geandparenting clause in Ordinance 23. The Issue at shallow wells shouJd also be looked at when determining the separation. It was agC'eed to table this eequest until the Planning Commission reviews the separatIon requirement and a possible grandparenting clause for the Equine Ordinance. MOTION by Jacobson, Seconded by McKelvey, that we take this variance and table It for no more than two months to allow the Planning Commission to examine those three points and to come back with a recommendation; when that recommendation comes back, bC'lng this variance back to consIder. DISCUSSION: Councllmembee McKelvey didn't think a variance could be granted for a 24-toot separation when the State requires a minimum of 50 teet. CouncllmembeC' Jacobson preterred deaJing with all items at the same time so Ms. Rucks knows what she would have to do to meet the requirements. Chairperson Ferris asked It the Commission should look at whether the 2.5-acre minimum requirement should be all useable. Counc i 1 generally fe1t that the ordinance is coerect as is, that even low areas can be used foe pasture at times. Motion careled unanimously. I .--- Regulae City Council Meeting Minutes - March 19, 1991 Page 5 DNR PERMIT REQUEST/SLYZUK Tom Hovev. DNR Area HvdeoJoqlst - reviewed the history at DNR Permit #91-6148, a Protected Waters Permit to pump water from the open ditch to Coon Creek in Section 29, Township 32, Range 24: and he outlined the DNR peemltting proceduee. Dr. Jeanette Leete. PhD. DNR - went into greater detail on the studies and findings of the DNR. In their studies they found that the whoJe system is flowing toward Coon Creek: however, the pumping done by Mr. Slyzuk is negligible, that the water is gal ng wheee It would go anyway. Their studIes also showed that what was happening to Round Lake was also happening to other lakes in the area and the two observatory wells in the area. The apparent changes in the lake Jevel are due to rain and temperature variatIons. Dr. Leete stated they created a groundwater modeJ of the aeea on their computer and ran a program as if the pumping by Mr. SJyzuk was done continuously. I t showed there is no way the Jake could be affected by the pumping as much as it had varied. They are saying the variations on the lake levels were due to climate, not the pumping: and she showed overhead maps of the eftect on the lake with and without pumping from Mr. Slyzuk's ditch to Coon Creek. They concluded there Is seepage from the bottom of the Jake, but they could not concJude that the seepage would be increased by the pumping. Charlie Veiman - asked how many acres Is being pumped and can the water be pumped into Round Lake instead of into Coon Creek. Ken Slvzuk - stated it is about 75 acees. He ofteeed to pump It Into Round Lake it someone would put the pipe undee Round Lake Boulevard. He did not want to bear the cost of that pipe, but he is willing to cooperate with anyone who wiJI. Mr. Velman - asked if the watee quality from the ditch Is acceptable to pump back Into Round Lake. Me. Hovey stated that would have to be checked, but he felt pumping into Round Lake Is something that could be done. There is also the issue it dealing with two watersheds, the' Coon Creek Watershed and the Lower Rum River Water Management Organization. Mr. Hovey also stated the first permit was for three years; this reapplication would be a permanent one. The pumping is done pc imar II y In May and June and some later In the summer. Mr. Slvzuk - stated the amount of water pumped depends on the weather. In the spring, the pump runs steady foe a while. It is on oft-peak, so it runs basically at night, unless more is needed because of a heavy snow melt oe there Is a lot of rain. It Is haed to say what is typical. There Is a couple feet difference between the ditch and the bottom of Coon Creek. The Creek Is a couple teet out at repair, with the ditch being about where the creek would be It it were cleaned to the original depth. I - ,..- Regular City Council Meeting Minutes - March 19, 1991 Page 6 (DNR Permit Request/Slyzuk, Continued) . Mr. Hovey also explained that a new law requires a tlow meter on the pump or other approved measuring devices, so they wi II be able to get a bettee idea of how much water Is being pumped. John Z III haedt. 3753 145th - appreciated the explanation of the studies. He was st i I I conceened about the levels on Round Lake, not i ng the time in 1969 when after a spelng run-otf eveeyone expected the watee level to come up, but instead the water almost disappeared and the lake became water-logged mud. That happened about the time the pumping started. The Jake level came back up In April about the time the pumping stopped. It may have been a matter of timing, but it was that coincidence that triggered everyone's conceen. Mr. Hovey felt it was a coincidence, stating even it a dischaege pipe were piped dieectly from Round Lake, the lake would not be affected that much. Steve Wood. 3723 145th Avenue - asked the approximate accuracy of the computer modelling and it is a reliable Indication at what Is happening. Dr. Leete stated it is not calibrated. The computer modeJ lets them know "what 1 f" . They do not have the money to be mace accurate, but they believe i t Is an accurate concept of how watee is flowing In that area. Mr. Wood - reviewed the reasons Jlsted by the DNR for approving the requested permit, and questioned some of the comments, especially the large influx on the lake due to evaporation at the rate of 17,000 gaJlons per minute tram an 60-acee lake. He asked if it is possible to dlstlnquish the pumping tram the natural occurrences. Dr. Leete stated they know the water from the lake tlows toward Coon Creek. It Is hard to take the computer model and get absolute numbers, but they cannot explain the total fluctuation of Round Lake through pumping. The rate of evaporation depends on the variables at temperature, wind, shallowness at the lake, Mr. Wood - felt it should be possible to predict what is actually happening to the lake and suggested more controlled testing be done while monitoring the levels of the lake. They want to know how to get the water back into the lake. Dr. Leete noted that budget and staff cutbacks prevent them tram doing mace extensive testing. The difference between the lake recovering and when Mr. Slyzuk/s fields are dry enough to work makes her think there is a lag between the water reaching the lake and the fields, which Is a paeadox. Peter Rauen. 4110 147th Lane - stated when this was discussed Jast year, the residents weee told they would have a chance to look at the test p]ans and have them checked with another expert on salls in Anoka County before actually peetormlng those tests. That was nevee I Regular City CounciJ Meeting Minutes - March 19, 1991 Page 7 (DNR Permit Request/Slyzuk, Continued) followed through, and they did not have an opportunity to look at the plans to see what they were p]anning. Eveeythlng they heaed tonight demonstrates there is a hYdrologic connection and a whole section at the lake Is tlowing out of the southeast side and is made much woese because of the ditch system there. They would argue that untiJ the DNR can show there Is no definite impact on Round Lake that the pump is taking water out of Round Lake. They are questioning how much. Winslow Holasek - stated the testimony was it Is the creek itselt tha t affects the lake, not the ditch system. Dr. Leete stated the ground water system uses the creek as the dischaege point, that that is the genera] picture of how the ground water flows. Me. Holasek - asked if the lake level wouJd be affected if Coon Creek were cleaned and lowered two feet. Dr. Leete inclIned to think it would. She wasn't sure, but thought the cleaning of the ditch would have a tar greater impact on the lake than the pumping wi I I have. Paul Welu. 14865 Blackfoot Street NW - asked where the Jevel of Round Lake sets since the DNR has been keeping track at the various lakes. He noticed that Lake George looked like It came back more. Mr. Hovey stated he does not have all that information, but Round Lake has recoveeed the same as Coon Lake. Lake George has a difterent basin. Mr. 21 I Ihardt - persisted in his curiosity at the pumping taking place at the same time the lake level went way down and the watee rising when the pumping stopped. Mr. Hovey stated the connection between the pumping and the lake level Isn't that great. Mr. Slvzuk - stated In talking with "old timers", they report that there have been yeaes when there has been no water In the lake and they hay on it. Also, there have been springs where the lake level is way down unt I] the frost goes out because the frost pushes the muck up wi th the water eemalnlng underneath. As the frost goes out, the watee comes back. When it Is the driest, he is not pumping the dItch. In 1988 groundwater went way down, so there was nothing to eecharge it in the spring of 1989. Counc i I discussion continued on the permit request. Though the DNR felt the pumping will cause no appreciable effect to the lake level, they sensed the residents stil I had some concerns. They agreed to recommend the permit be geanted for a three-year period, during which time the DNR can monitor the situation more closely. They hoped the lake levels and the pumping would be gauged so that they wouJd be able to pick up any unusuaJ occurrences. Councllmembers McKeJvey and Perry telt an annual review would be a good Idea. It was ageeed the Minutes of this meeting wi I I be provided to the DNR as the City and resident comments on the permit application. I Regular City Counci1 Meeting Minutes - March 19, 1991 Page 8 Counc i I recessed at 9:16; reconvened at 9:24 p.m. VARIANCE/RUNKE Chaleperson Feeris reviewed the eecommendation of the P & Z to deny the variance request of James and Margaret Runke, 13476 Hanson Boulevard NW to retain certain structures which do not meet ordinance requirements. No building permits were appJled for. The Customer Secueity Buildings are on the rear property line violating the 10-foot setback requirement per Ordinance 8, Section 4.05 (E). Those bui Jdings, as well as the Brake Leigh lean-to agaInst the original Andover WheeJ and Frame buIldIng, do not meet the sIdIng requIrements for commerclaJ buildings per Ordinance 78. The business is expanding; and during the building permit procedure, the illegal structures were discovered. The Commission found no eeason to grant the variance. Councl1member McKelvey stated he viewed the site. He's known the structures have been theee for at least three years. Me. Runke told him they were put up tlve years ago and he didn't know a permit was needed tor those structures. The map shows there is theee teet behind the Customer Security Buildings and the peoperty line. Behind that building is nothing but a pile at sand and the power easement, which is not usable. The siding on the structures matches what Is on the original commercia] building. The Brake Leigh lean-to Is attached to the back at the building and the Customer Security Buildings, which are used to protect cars from the weather, are in the back along the fence line. None are visible feom the street. Chairperson Ferris stated the three-foot setback in the reae is new. The Planning Commission was under the Impression that the tence and buildings were abutting the property Jine with no setback. David Almgren, Building Official, provided the background at how he became aware of the structures when inspecting the premises tor the expansion of the original bull ding. In discussing the oedinance violations, it was noted that to bring the structures into compliance, the siding material on the Brake Leigh lean-to would need to be changed, and the Customer Security Buildings would need to be 10 feet from the rear property line and resided with acceptable material. BulJding permits couJd be given if all requirements are met. Theee Is no variance provision in Ordinance 78. James Runke - stated they did make contact with the Bui lding Ofticia] several times regarding this matter, though they did not put anything in welting. He did not know what to do about the situation or what his alteenatives were. He was teylng to figure out a way to compJy with the oedlnance and still retain the structuees. At the hearIng it was brought up that the procedure was to get an after-the- fact permit and pay doubJe the cost at the permit. Mr. AJmgren stated that Is the proceduee, though he does not geneeally chaege residents the extea fee because he tries to help them out. I -. ---. Regular City Council Meet! ng Minutes - Maech 19, 1991 Page 9 (Vaeiance/Runke, Continued) Mr. Runke - stated at the time the structures were put up, they did comply wIth the siding requirements. He could take otf the back seven or ten feet off the Customer Servicing Buildings to meet the setback requirement. Mr. Almgren stated the structures would have to meet the structueal requir-ements. He said he talked with the Runkes about bringing the structures up to code, but he dIdn't realize they did not have doors in the front. The need for those doors Is a matter at acceptance by the Andover Review Committee. It the ARC does not accept the structures without door-s, the Runkes can appeal it to the Counci I. MOTION by Perry, Seconded by Smith, a Resolution denying the variance request of James and Margaeet Runke d/b/a Andover WheeJ & Frame at 13476 NW Hanson Boulevard as presented with the fol Jawing change In the next to the last paragraph: BE IT FURTHER RESOLVED that the applicant can bring the lean-to on the back of the orlginaJ building and the three-sided shed in the eear area up to code within 30 days... (See Resolution R030-91) DISCUSSION: Counc i I member McKelvey raised the Issue of not issuing the Cer-tificate at Occupancy for the addition to the business because of this matter-. Mr. Almgren stated his records show the Certitlcate of Occupancy was mailed to the Runkes on September 6, 1990. Motion car-ried unanimously. ORDINANCE 8. SECTION 8.08 DISCUSSION/CURBING The Counci I discussed the ordInance r-equirement of requiring alJ driveways. loading areas and storage areas to be bounded by concrete curb and gutter and the Planning Commission's recommendation to leave the ordinance as written and grant variances as an economic cour-tesy to other governmental agencies. Mayor Orttel had a problem with the requirement, thinking the time was not taken to eevlew all scenarios when that requir-ement was approved. He felt that it Is an unnecessary expense In such cases the lengthy access to Kelsey/Round Lake Park, or packing lots In the City par-ks, or church packing lots, etc. He teJt that high-use Industrial and commercial areas eequlre the use of concrete curb and gutter; however, areas which are low use should only eequire it when necessary to controJ traffic oe drainage. He peesented a written proposal to amend the ordinance to that effect, feeling ther-e should be a provision in the ordinance for low-use public aeeas. Discussion was on what wouJd constitute high and Jaw use of a public parking aeea. The Mayor felt that a church parking lot would be Jaw use because it is only used several times a week, but a school would be high use. The Mosquito Control District aeea, for example, Is a large public area with only employees using the facilities. It is an unnecessaey expense to put concrete curb and gutter around the entice area. I ReguJar City Council Meet I ng Minutes - March 19, 1991 Page 10 (Ordinance 8, Section 8.08 Discussion/Curbing, Continued) Councilmember Jacobson thought the distinction could be difflcult to make without clear-cut criteria set torth. Because he may have a confl ict of Interest on this issue, he stated he will not be voting on it. Councilmember Perry teJt it doesn't make sense to require concrete curb and gutter- in areas where it is not needed. In these economic times, i t Is not prudent tor governmentaJ bodies to eequire expenditures that are not absoluteJy necessary. Councilmembee Smith concurred. Mayor Orttel also noted that this Is a financial Issue that geeatly Impacts Andover as well as other governmentaJ and prIvate agencies. Because it was felt the opinions of the PJanning Commissions are clear, it was ageeed the Council will hold the public hearing and welcome comment and input from the Commissioners. MOTION by Perry, Seconded by McKelvey, that we advertise for a public heaeing tor revision to Ordinance 8 as It pertains to the concrete curb and guttee eequlrements of Section 8,08 (E) (9) : and that in addition to our- usua I public notiticatlon that we also send a copy of the Minutes of tonight's meeting that pertain to I t and a copy of the notitication to the Planning and Zoning Commission members and request if they have specific concerns that they contact one of the Councllmembers or attend the meeting with their concerns. Motion carried unanimously. The hear-ing will be held on April 2, 1991. RESPONSE TO METROPOLITAN WASTE CONTROL Mayor Orttel asked for authoeization to send a Jetter to the MWCC coreectlng their tigures in the Wastewater- Tr-eatment and HandJing Implementation Plan years 1991-2010, Appendl x "C" Andover. MOTION by Jacobson, Seconded by Smith, to so move. Motion carried unanimousJy. COON CREEK WATERSHED APPOINTMENT Mayor Orttel exp]ained Commissioner Burke has asked that the City subm i t three names to be considered for- appointment to the Coon Creek Wateeshed Board. MOTION by Sml th, Seconded by Perry, that Don Jacobson and Todd Smith be ranked second and thir-d as selections for the Wateeshed Boaed, and that Bob Boyum remaIn the number one choIce of the City to represent the City on that Board. Motion carried unanimously. I Regulae City Council Meeting Minutes - March 19, 1991 Page 11 EQUESTRIAN COUNCIL APPLICANTS It was agreed to reappoint Don Eveland to a two-year term on the Equesteian Council and ask tor a eecommendatlon feom the Equestrian Counci] foe the other members after they have Interviewed them. MOTION by McKelvey, Seconded by Smith, to so move. DISCUSSION: A suggestion was that the appointments to this Council be made the tirst of the yeae along with the other CommIssions. The Council also requested the Equestrian Council look at the length of terms of the various members to be sure they comply with the ordinance. Motion careled unanimously. PURCHASE SEWER AND WTERMAIN LOCATOR/GAS DETECTOR MOTION by Jacobson, Seconded by Smith. that the Council authoeize the purchase at a 850 Buried Utility Line Teacer In the amount of $2,700: funds to come out at the 1991 Water Distribution Budget: and authorize purchase of a Neotronics Exotox 3-Way Gas Monitor in the amount of $1,800 with the money to come out of the Sanitary Sewer Budget for 1991. Motion carried unanimously. APPOVE SOLID WASTE JOINT POWERS AGREEMENT Cindy DeRuyter, Recycling Coordinator, stated the Joint Powers Agreement Is the same as last time. In her conversations with the county, their funding of the program should contInue. Council noted the termination clause In the event the City wishes to cancel the agreement because of lack of funding. MOTION by Smith, Seconded by Percy, that we accept the Joint Powers Agreement as written. Motion carried unanimously. APPROVE GOODWILL INDUSTRIES AGREEMENT Council noted the monthly cost If eveeything was calculated on the q additional pickup charge Is cheapee than toe the scheduled ones. Ms. DeRuytee stated she wll] discuss this with Goodwill. Mayor Orttel asked tor a motion to appeove the ageeement subject to Ms. DeRuyter checking out the charges foe any further cost savings. MOTION by McKelvey, Seconded by Smith, to so move. Motion carried unanimously. Regular City Counci] Meeting Minutes - March 19, 1991 Page 12 AMEND FIRE TRUCK BIDS Fire Chief Glenn Smith and Captain Bob Peach reviewed the proposed changes to the new tire trucks and the cost changes. The net change tor all trucks comes to an additional cost of $942. Captain Peach explained these are just pre-construction changes which will eesult In much better trucks, though they wouJd not have made a difterence in the oeiginal bids eecelved. MOTION by Jacobson, Seconded by Smith, that we approve the amended fire truck bids as listed on oue Item 14 set toe Tuesday. March 19, 1991. Motion carried unanimousJy. Attoeney Hawkins advised the approval ImplIes authorIzatIon for the Mayor and Clerk to sign the revised contracts. AWARD BID/FIRE STATIONS/IP90-26 Tom Anderson. BRA - eevlewed the bids received for the two fire stations. Alternate 2 having to do with the exterior of the building was deleted. The Jaw bid of Maertens-Beenney Construction Company Is be10w the project budget and Includes Alternates 3 and 7. Severin Brennv. Maertens-Beennv Construction - stated the firm is based in Fridley, but he lives In Andover. MOTION by Smith, Seconded by Jacobson, the Resolution accepting bids and awarding contract for Fire Stations #1 and #2, IP90-26, award contract to Maertens-Brenny Construction Company foe $1,037,391. (See Resolution R031-91) DISCUSSION: Attorney Hawkins estimated the City wi I J have access to the propeety tor Station #2 In one or two weeks, as soon as the award is made and the City has made a payment at four-fifths of the awaed. Me. Brennv - expected to begin construction as soon as the feast is out at the ground. They expect completion of Station #1 by October 1 and hoped to get into the second station about that same time. He also expected the completion time of Station #2 would be extended If theee is a problem gaining access to that parcel. Motion carried unanimnously. ORDER AD FOR BIDS/AIR PACKS/FIRE DEPARTMENT Fire Chief Glenn Smith requested approval of the specifications and to order the ad foe bids tor the self-contained breathing apparatus. MOTION by Jacobson, Seconded by Smith, that we authorize going out for bids on the air packs bids that we were presented tonight, bids to be published on March 29 and opened on April 23. Motion carried unanimously. Regular City Council Meeting Minutes - March 19, 1991 Page 13 APPROVE REVISED BY-LAWS/FIREFIGHTERS RELIEF ASSOCIATION Firefighter Tom May reviewed the revised By-Laws of the Firefighters Relief Assoc., pointing out an increase of $100 per member as the City's contribution to the pensIon plan. That was budgeted for in 1991 and Is the first change in the City's share since 1980. Page 2, Section 4: Mr. May stated the change Includes an approval at the Counc II on the Investment of the tunds at the Relief Association. Both the Clerk and the Mayor are trustees of the Association. Page 11: Chief SmIth explained a fIrefighter Is not fu II y vested unt II 20 years of service. Between tive and 20 years, the pension amount Is based on a pro rata basIs of seevIce. Page 15: Mr. May stated the City carries term life insurance on a II active and peobatIonaey membees, and this was spe~itlcal Iy pJaced In the By-Laws as a protection to the flretlghtees, especially those who have been In service toe less than tive years. Mr. Koollck aegued the By-Laws are foe the Relief Assoc., but this applies to al I members of the Fire Department, which may not be the same persons in both cases. He did not feel this was the approprIate place, suggesting It be placed in the Fiee Department By-Laws Instead. Mr. May felt I t Is an important point and was reluctant to it being removed. Counc i I agreed the Item should be directed to the City Attoeney for his opinion. MOTION by Jacobson, Seconded by Perry, adopt the Resolution adopting the By-Laws of the Andover Firefighters Relief Association, Inc. , Revision IIC" , as presented with the caveat that It must be reviewed by the City Attoeney as to their form and legality, with a special note f rom the Counc II on Page 15, Section 5, which deals with the term life insurance, to get his opinion on the legality or how that may be addressed in the proper fashIon. (See Resolution R032-91) Mati on carried unanimously. ASSESSMENT ABATEMENT. CONTINUED MOTION by Perry, Seconded by Smith, to move that abatement of the special assessments on PIN 13 32 25 21 0023. Motion carried unanimously. Counc I J requested the issue of possibly assessing the othee parcel involved be added to the Agenda In the neae tutuee. DARE CONTRIBUTION MOTION by Jacobson, Seconded by Perry, that the City Council decline to enter Into the DARE progeam with the Anoka Police Department In the amout eequested, and authorize the Mayoe to sign a lettee to that effect. DISCUSS ION : Though the excellence ot the program was eecognlzed, because of the budget cutbacks, the Counc I ] did not fee] the City could afford the expense at thIs time. Mr. Koollck stated he would research whether CDBG funds could be used for the program. Counc i I suggested contacting other service organizations for funds. Motion carried unanimously. Regular City Council Meeting Minutes - March 19, 1991 Page 14 APROVE STORM SEWER BASE MAPS MOTION by Smith, Seconded by McKelvey, that we approve the storm sewer base maps. Motion carried unanimously. ACCEPT OLD CONSTANCE BOULEVARD MOTION by Peery, Seconded by Smith, the Resolution accepting the old part of Constance Boulevaed from 800 feet east of GoJdeneod Street to University Avenue in Section 13, Township 32, Range 24, as prepaeed. (See ResoJutlon R033-91) Motion carried unanimously. RENAME CONSTANCE BOULEVARD MOTION by Jacobson, Seconded by Perry, an oedlnance changing the name at the old part of Constance Boulevard to Old Constance Boulevard. Motion carried unanimously. ASSESSMENT POLICY Council noted the Assessment P011cy manual Includes everything agreed to to date except the eural assessment policy, which has been excluded. MOTION by Jacobson, Seconded by Smith, a Resolution approving the Assessment Manual Policy and Procedure Guide. (See Resolution R034-91) Motion carried unanimously. NON-DISCUSSION ITEMS IP91-1/Crosstown Drive - Council felt the road width should be 32 teet but thought the sidewalks should be on the east side, which Is where the foot and bicycle traffic is now. It was suggested the cost at the sidewalk be separated tor the public heaelng. IP90-12/Sidewa1ks for Bent Creek Estates - Mr. Schçantz noted the cost Is not eligible for State MSA, so the funds will be coming from the City's MSA fund. IP91-2/Creekview Crossing Petition - Council noted the petition does not say anything about sewer and water, asking that that be clarltied. Regular City Council Meetl ng Minutes - March 19, 1991 Page 15 (Non-Discussion Items, Continued) MOTION by Smith, Seconded by McKelvey, to accept the Non-Discussion Items as presented and discussed. (See the following: Resolution R035-91 - Accepting bids and awarding contract, IP90-12 and 90-13, sidewalk for Bent Creek Estates and Creekrldge Estates, awarded to W. B. Miller foe $30,536 Resolution R036-91 - ApprovIng tinal plans and specs and order ad for bids, IP 90-25, Metropolitan Mosquito Conteol Distelct wateemaln Resolution R037-91 - Declaee adequcy of petition and order preparation at feasibility report, IP 91-2, Creekvlew Crossing Resolution R038-91 - Receive teasiblllty and set public heaeing, IP91-1, Crosstown Deive, hearing to be on Apr II 16, 1991 Receive Februaey Financial Statements for General, Water and Sewee Funds) Motion carried unanimously. MAYOR AND COUNCIL INPUT Andovee Express Newsletter - The Council wished to make It very clear that only the specific section with the Andover news Is the official newsletter, that the remainder of the paper does not represent the City. It was agreed that theee is to be no mention of "Andover Otficia] Newsletter" on the front page, and the Insert to be clearJy marked tha t it is the official City of Andover newsletter. Plaque for Fire Station - Councilmember Jacobson personally didn't feel comfortable with his name on a plaque Just because he is a Counc II member. Because it Is traditionally done In public buildings, the Counc i I generally agreed with the plaque as proposed. Oak Grove DemoJitlon Disposal Site - The Staff was directed to send a letter to the Oak Grove Town Baaed expressing Andover's concern over the proposed demolition disposal site in Oak Grove because of its close proximity to the Rum River and what happens downstream in Andover, its effect on property values, and the effect on trattic through Andover. Councilmembee Perry noted the public heaeing is Thursday, Maech 21. Sanitary Sewee and Water Bil]ings - Mr. Kool ick Intormed the Council that the Information wi I I not be enter into the new utilities program In time for the April bill ing. Because of that, the biJ]lng will be at least three weeks late. The next billing should be on time. Regular City Council Meeting Minutes - March 19, 1991 Page 16 APPROVAL OF CLAIMS MOTION by Smi th, Seconded by Jacobson, approva1 of the Claims as presented tor $146,247.58. Motion carried unanimously. MOTION by Jacobson, Seconded by Smith, to adjourn. Motion carried unanimously. Meeting adjourned at 11:55 p.m. RespectfuIly sUbmltted~ "-~~~ Marcella A. Peach Recording Secretary - ·0__