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HomeMy WebLinkAboutCC November 19, 1991 ~ CITY of ANDOVER Regular City Council Meeting - November 19, 1991 7:30 P.M. call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Assessment Hearing/BB-30, Cont. 2. Poppy Street, Rose Street, Woodland Terrace Cul-de-Sac Water Problem 3. Tony Emmerich Sign Discussion 4. Kobs Knoll Addition Sketch Plan 5. 6. Ordinance 10S Amendment Change HRA Meeting 7. Public Hearing/Reallocate CDBG Funds 9:00 Closed Meeting w/Attorney Union Contract Negotiations Staff, Committee, Commissions B. Recycling Items 9. Approve DNR Permit Application/Meadows of Round Lake 10. Consider Peach Associates Proposal Non-Discussion Items 11. Ordinance 8 Amendment Change 12. Hills of Bunker Lake West Park/proposed Dredging 13. Accept Petition/Meadows of Round Lake/9l-27 14. Approve Resolution Expending PIR Funds 15. Approve Final payment/91-l 16. Approve Final payment/90-2 17. Approve Final payment/90-l4 lB. Approve Final payment/90-12 & 90-13 19. Adopt Resolution Approving Variance/Kob's Addn. Mayor/Council Input Approval of Claims Adjournment -~ ~-~_. - - - REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 19. 1991 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · · 2 APROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · · 2 ASSESSMENT HEARING/IP88-30. CONTINUED · · · · · · · · · · · · · · 2 ResolutIon R181-91 to approve . · · · · · · · · · · · · · · · · 3 WOODLAND TERRACE CUL-DE-SAC WATER PROBLEM (MotIon to tab]e) · · · 3 TONY EMMERICH SIGN DISCUSSION · · · · · , · · · · · · · · · · · · 3 Motion to forward to PlannIng CommIssIon. · · · · · · · · · · · 4 KOB'S KNOLL ADDITION SKETCH PLAN . · · · · · · · · · · · · · · · · 4 ORDINANCE 10S AMENDMENT CHANGE . · · · · , · · · · · · · · · · , · 5 NONDISCUSSION ITEMS OrdInance 8 Amendment Change · · · · · · · · · · · · · · · · · 5 Resolution R182-91 petItIon/Meadows of Round Lake 91-27 . · · · 5 ResolutIon R183-91 expendIng PIR funds · · · · · · · · · · · · 5 Resolution R184-91 final payment/IP91-1 · · · · · · · · · · · · 5 Resolution R185-91 final payment/IP90-2 . · · · · · · · · · · · 5 Resolution R186-91 final payment/IP90-14 · · · · · · · · · · · 5 Resolution R187-91 final payment/IP90-12 & IP90-13 · · · · · · 5 RECYCLING BUDGET ITEMS . · · · · · · · · · · · · · · · · · · · · · 5 MotIon to approve . · · · · · · · · · · · · · · · · · · · · · · 6 APPROVE/DNR PERMIT APPLICATION/MEADOWS OF ROUND LAKE . · · · · · · 6 CONSIDER PEACH ASSOCIATES, INC., PROPOSAL (Tree CommIssIon) · · · 6 HILLS OF BUNKER LAKE WEST PARK/PROPOSED DREDGING . · · · · · · · · 7 ADOPT RESOLUTION APPROVING VARIANCE/KOB'S ADDITION ResoJutIon R188-91 grantIng varIance · · · · · · · · · · · · · 7 APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 8 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 8 - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 19. 1991 MINUTES The Regular BI-Monthly Meeting of the Andover CIty CouncIl was cal Jed to order by Mayor Ken Orttel on November 19. 1991. 7:30 p.m.. at the Andover CIty HaIJ. 1685 Crosstown Boulevard NW. Andover. MInnesota. Councilmembers present: Jacobson. McKelvey. Perry. Sml th CouncIlmembers absent: None Also present: City Attorney. WillIam G. Hawk I ns CIty Planner. David Carlberg City Finance DIrector, Howard Koollck City Administrator. James Schrantz Others RESIDENT FORUM Pat Goodwin. 8424 ShadY VIew Lane. Maple Grove - owns the property at 2140-42 140th Lane In Red Oaks. She explained the dIfficulty she has had keepIng tenants and the numerous nuIsance and terrIfyIng problems In that neighborhood wIth gangs of kids bombardIng the bulJdIngs wIth snowballs. spray paIntIng on cars and buIldings, sand put In the gas tanks of vehIcles. globes and JIghts stolen. boys urInating on the house durIng the day. fIres lit under the staIrway, gangs of kIds beatIng up on her tenant's chIldren. campers and trucks and garbage a I J over the lawns in the area, etc. She has talked with the DeputIes. who have reported there has been over 40 calls to that area in the Jast sIx months. She stated she screens her tenants and is a good IandJord. Ms. GoodwIn asked for help and suggested the City consIder enactIng an ordInance sImIJlar to what many other cItIes do to control these things. She presented a copy of the BrookJyn Center ordInance which requires landlords to be licensed whIch Includes a conduct of II censed premIses. The ordinance says If there are three polIce calls to a pIece of rental property wIthIn 30 days. the landlord has to account for It and can be fIned If ways are not found to correct the problem. Ms. GoodwIn stated there are serious problems In the 139th/140th Lane area, and It Is defInItely getting worse. As an owner of rentaJ property. she Is willIng to meet the crIterIa so that these types of problems can be stopped. NotIfying the tenants of a problem doesn't do any good. The owners of the buildIng must be notIfIed. and rIght now there are Jandlords along there that realJy don't care what happens. She questIoned Andover's liabilIty for allowing State laws to be broken such as sleepIng quarters In the basement wIth sheets next to furnaces. Ms. Goodwin encouraged the City to give serious consideratIon to InstItuting an ordinance to license rentaJ propertIes. - ,- Regular City Council MeetIng Minutes - November 19. 1991 Page 2 <Resident Forum. ContInued) Deputy Paul Summers - for about 8 or 9 of the 22 units along 140th Lane. there were 40 caJ Is for service In the Jast sIx months. He personally knows that for every ca J J on 140th Lane. they get three or four more for 139th Avenue and Bunker Lake Boulevard. The caJls relate to damage to property. assault. suicide attempts. lIquor vloJatIons. domestics. etc. CondItIons In the units vary from neat and clean to what he would consIder uninhabitable. six to eIght adu]ts lIving In two-bedroom unIts. makeshift bedrooms In the basement with sheets for walls, rented space under the staIrway for sJeeping. etc. Upkeep of the buildings range from good to very poor, re]atlng several personaJ experIences of unconcerned caretake.s or InablJIty to contact property owners. There Is a duplex on 138th Avenue that Is now vacant that now has wIndows broken and garage door torn down. He has not been able to find out who owns It. Mayor OrtteJ said It was explained to him that by havIng a higher quality buildIng there wIll be a better quaJlty tenant. and the only way to do that I s through a lIcensed rental ordinance. After further discussIon. the Counc II dIrected the Health Inspector. Dave AJmgren. to inspect the rental unIts fo. health code violatIons. They also directed the PlannIng CommIssion to consIder an ordinance having to do wI th the JIcensIng of absentee owner units. Attorney Hawkins also advIsed that Mr. Almgren has the authorIty to Inspect the units. He issues an order to eIther remoye the hazardous buIlding If It Is incapable of beIng corrected or to make correctIons whIch must be made within a specifIc perIod of time. If they are not made, the Ci ty would then make those correctIons. Ms. GoodwIn volunteered to help wIth the wrItIng of an ordInance. Several Counc I J membe.s Indicated a desIre to be kept Informed on the type of police calls at specIfIc locations. AGENDA APPROVAL MOTION by Jacobson, Seconded by McKelvey, to approve the Agenda as presented. MotIon carrIed unanimously. APPROVAL OF MINUTES MOTION by Perry, Seconded by SmIth, approve the MInutes of November 5. 1991. as presented. MotIon carried unanimously. ASSESSMENT HEARING/IP88-3D. CONTINUED 8:03 p.m. Mayor Orttel recalled the hearIng to order to assess watermain and sanItary sewer to 14554 BluebIrd Street NW, Clay and Deanna He II . There was no public testImony. ..~..__. - ReguJar CIty Council MeetI ng MInutes - November 19. 1991 Page 3 (Assessment Hearlng/IP88-30. Continued) MOTION by Jacobson. Seconded by Perry. to c]ose the pubJIc hearing. MotIon carried unanImously. MOTION by Perry. Seconded by McKelvey. the Resolution adoptIng the assessment rol J for the Improvement of sanItary sewer and water. IP88-30. for certIfIcatIon. as presented. (See ResolutIon R181-91) MotIon carried unanimously. 8:04 p.m. POPPY STREET. ROSE STREET/WOODLAND TERRACE CUL-DE-SAC WATER PROBLEM Mr. Schrantz asked that the Item be tabJed because he has not received a response from the Coon RapIds City Staff yet. Mayor OrtteJ suggested the item be tabled untIl the next meetIng. December 3. 1991. MOTION by Jacobson. Seconded by McKelvey. to so move. Motion carrIed unanimously. TONY EMMERICH SIGN DISCUSSION Tony EmmerIch - expJalned he unknowIngly violated the ordinance by puttIng up two monuments at the entrance to HIlls of Bunker Lake Fourth AddItIon on 140th Lane NW. He requested the CouncIl consider grantIng hIm a Special Use PermIt. Mr. Carlberg explained the violations are Mr. EmmerIch fal]ed to get a SpecIa] Use Permit and sign permit for the sign. and the ordinance only aJJows one sign per development. There was consIderable debate over the Issue. It was argued the ordinance must be upheld. though It was also acknowledged that the monument pIllars are very attractive and commonly used elsewhere. CouncIlmember Jacobson was concerned with people doIng what they want. then coming In after-the-fact to get approva]. CouncIlrnember Smith stated It is unreaJlstIc to think the ordInance wIll cover every sItuation. There will always be situations that are unique or dI fferent that wIll require a change to the requIrements. Mayor Orttel aJso raIsed the Issue that at the Jast meeting the sIgn ordinance was amended but the CIty Is the biggest vIolator. notIng the many signs posted on CIty properties. There was no effort made to bring the CIty Into complIance wIth that ordInance amendment. CouncIlmember Jacobson felt the sIgns on City property should be looked at and the Council Informed as to where the City Is In vIol atlon. Mr. Schrantz suggested the ordInance be changed to exclude municipal property. .0_- .,__ - -- .,- Regular City Council Meeting MInutes - November 19, 1991 Page 4 <Tony Emmerich SIgn DiscussIon, ContInued) A suggestIon was to provIde contractorsldeveJopers with the sIgn ordInance. or to Include sIgnage on the checklist for developers and have the proposed sIgnage revIewed by the Andover RevIew Committee as a part of their review of developments. Maintenance agreements should also be consIdered for pe~manent sIgn marke~s for developments. MOTION by Perry, Seconded by SmIth. that a SpecIal Use Permit be appJied for and that sInce the combined sIze of the actual sIgns does not exceed 32 square feet. that the two monuments be allowed to remaIn. DISCUSSION: Counc II noted two monuments would stilI ylolate the ordInance. Mayor Orttel wondered If It mIght be better to base the slgnage on the number of entrances Into a development rather than a 32-square foot maxImum. He felt markers to the entrances of subdIvIsions may be better dealt with by the ARC CommIttee. The consensus of the Counc I J was the monuments In question are very attractive and that consIderation should be gIven to amendIng the ordinance to allow for such sign age. CounciImembers SmIth and Perry WITHDREW the Second and the Motion. MOTION by Perry. Seconded by Smith. that we refer the questIon of the IdentIfIcatIon sIgns at the entrance of the Hills of Bunker Lake 4th AdditIon to the Planning and Zoning CommIssIon for review and recommendation and to look at the ordInance In reJatlonshIp to thIs type of use and anything else that they think mIght come Into play. MotIon carrIed unanImously. KOB'S KNOLL ADDITION SKETCH PLAN The Counc II revIewed the proposed sketch pJan of Kob's Knoll AddItion. including the comments of the Andover Review Committee. The bIggest concern is the cul-de-sac. Mayor Orttel questIoned whether the entIre length from CoRd 58 Is consIdered one cuJ-de-sac. or Is the length measured from 166th Lane to the cul-de-sac by ordInance definitIon. DIscussion also noted that property from outsIde the pJat wIll need to be purchased by the developer to Install the cuJ-de-sac. Mayor Orttel aJso noted that some cIties are constructing cul-de-sacs wIth 20-foot drIvIng lanes around the perImeter. the center used for snow storage. He thought the City may want to look Into that option. as It could save a great deal of tIme In plowIng cul-de-sacs. Counc II questioned whether the deveJoper can be legally requIred to donate the suggested easement for CoRd 58 since It Is wIder than what is normally called for. The Attorney felt It can be required. as a sImIJIar sItuation was upheld In Hennepin County. There were no further comments. The prelimInary plat can be prepared wIth the pubJIc hearIng to be heJd by the P & Z. , . ~ - ,- Regular City CouncIl MeetIng Minutes - November 19. 1991 Page 5 ORDINANCE 10S AMENDMENT CHANGE The copIes of the amendments which were approved at the November 5. 1991, meeting had some parts of the origInal ordinance left out. The copy before the Councl] Is the corrected copy. MOTION by Jacobson. Seconded by Perry, the OrdInance No. 10S amendIng OrdInance No. 10. as presented by Staff. MotIon carried unanimously. CouncIl recessed to hold an HRA meetIng. 8:40. They reconvened at 8:47 p.m. NON-DISCUSSION ITEMS MOTION by SmIth. Seconded by Jacobson. to approve the fol lowIng Non-DiscussIon Items: Item 11 - Ordinance 8 amendment change Item 13 - Accept PetItIon/Meadows of Round Lake/IP91-27 (See Resolution R182-91) Item 14 - Approve Resolution expendIng PIR Funds (See Resolution R183-91) Item 15 - Approve FInal Payment/IP91-1 (See Resolution R184-91) Item 16 - Approve Final Payment/IP90-2 (See ResolutIon R185-91) Item 17 - Approve FInal Payment/IP90-14 (See ResolutIon R186-91) Item 18 - Approve Final Payment/IP90-12 and IP90-13 (See ResoJutIon R187-91) Motion carrIed unanimously. RECYCLING BUDGET ITEMS CIndy DeRuyter. RecycJIng Coordinator. reviewed the proposed purchases for the recyclIng program. The funds are a] located to the CIty from the county and must be used by the end of the year. The proposaJ Is to: 1 . Hire a Sunday worker at the Recycling Center until the end of the year - $140 2. RecycJlng binds for the City parks - 4 sheet meta] containers - $333 each 18 plastic units - $981 3. PromotIonal Items (T-shirts. prIzes) - $900 4. OIl filter crusher - $3,695 . ·0__._ - Regular City Council MeetIng Minutes - November 19, 1991 Page 6 <RecycJIng Budget Items. Continued) Several CouncIlmembers felt the cost of the 011 flJter crusher was way out of lIne. Ms. DeRuyter explaIned It Is II ]egal to dIspose of 011 fIlters in the Jandfills. The new requIrements are to recycJe them, to draIn and crush them. after which they can be sold as scrap metal. Frank Stone. PublIc Works SupervIsor. explained the machInes need to be high pressure to crush the fIlters and must catch the 01]. The CIty uses 200 to 300 011 f liters a year. and I twill be avaIlable for all Andover residents to use. It Is expected that all servIce stations wi II have to have crushers. The State of CalIfornIa has been doIng this for years. MOTION by Jacobson, Seconded by SmIth. In the affirmative on Number 1 . hIrIng a Sunday worker for the rest of this year: 2. authorIze purchase of the recyclIng bids as requested by Staff; and No. 3, the purchase of the promotIonal Items that has been requested by Staff; the money to come out of the county recyclIng funds. DISCUSSION: Ms. DeRuyter would lIke to see the crusher purchased out of county funds while they still approve of It rather than see It purchased out of CIty funds In the future. Counc II was stII I concerned over the hIgh cost of the crusher. They asked that Ms. DeRuyter look at that again. possIbly checking with other cIties to see If they are wIJJlng to share a machine. and brIng It back for further discussIon on December 3. 1991. Motion carrIed unanimously. Counc i I recessed at 9:14 to hold Executive Sessions with the UnIon Contract Negotiator and the CIty Attorney; reconvened at 10:08 p.m. APPROVE/DNR PERMIT APPLICATION/MEADOWS OF ROUND LAKE CouncIlmember Perry understood the DNR suggested mItIgatIon by IncreasIng the wetland around Round Lake by dIvertIng storm water runoff. She asked what protection there Is ecoJoglcal]y to the lake If storm water runoff Is beIng added. Mr. Schrantz explaIned ponds would be created around the Jake that would retain the water before It goes Into the Jake. It acts as a natural filtration. MOTION by Jacobson, Seconded by Perry. that the City CouncIl approve the request and alJow the City Engineer to sIgn the applIcation to the DNR for a permIt on behalf of the CIty to Eldorado Street NW across the DNR protected wetland No. 2-610W. MotIon carrIed unanImously. CONSIDER PEACH ASSOCIATES. INC. . PROPOSAL Counc I I asked about the budget for the Tree CommIssIon. Mr. CarJberg explained he will be checkIng how much there Is In the Tree and Weed budget. but he realized there wasn't very much. There will have to be - Regular City CounclJ MeetIng Minutes - November 19. 1991 Page 7 <ConsIder Peach AssocIates. Inc.. Proposal, ContInued) some type of fundIng for that program. notIng the $2 per capIta requIred by most programs. Support staff can be Included In that amount. RIght now he has been doing the agenda packets. but It Is not as hIgh a prIority as many of hIs other responsIbl]ItIes. Marcie Peach expJalned she Is paId for the MInutes of the CommissIon under the contract with Peach AssocIates; however. the responsIbIlItes are beginnIng to exceed that of normal minute-taking. Mayor Orttel poInted out the Tree CommIssIon was told to develop the program but was not gIven any fundIng. Counc I I suggested the Tree CommIssion determine a budget and that Mr. Car]berg recommend what help Is needed. the number of hours. etc.. so they know how much money Is being talked about and that there Is support from the Staff regardIng contract help. HILLS OF BUNKER LAKE WEST PARK/PROPOSED DREDGING Mr. Schrantz explained the proposa] Is to dredge the pond to six to eight feet deep. That depth wI] I elIminate underwater vegetatIon from chokIng the pond. The dredging was part of the orlgIna] plan for the development; however. the Park Board dId not want It done at that tIme. The proposal comes from a study of that area which determined there Is a need for addItIonal pondlng for the development. The CouncIl was very concerned wIth the safety and liabilIty of having a pond that deep In a tot lot park. It was also felt that because there is some standIng water In that area now. dredgIng wlIJ not add that much capacIty. They asked that Mr. Schrantz determine the amount of acre-feet of addItIona] storage capacIty that wI 1] be added by dredging the pond. then bring It back to further consideration. ADOPT RESOLUTION APPROVING VARIANCE/KOB'S ADDITION Counc I J asked that the ResolutIon Include a WHEREAS to Indicate that a]though the width of the buI]dIng pad Is beIng varied from. the overa II square footage of It does meet the requIrements. MOTION by Jacobson. Seconded by Smith. the ResolutIon granting the varIance request of Ken Kob to allow for the constructIon of a slngJe family home on a lot that does not meet the mInImum requIrements of a 150' x 150' buildIng pad In terms of width, with the change to reflect the new size of the pad Is stIll above the square footage mInImum of the ordinance. <See Resolution R188-91) MotIon carrIed unanIamously. - '·O__h_ Regular City Council Meeting Minutes - November 19. 1991 Page 8 APPROVAL OF CLAIMS Councilmember Jacobson cautIoned that close attentIon be made to those bills from Bonestroo. the archItect of the FIre StatIons, to make sure they are not In addition to the contract and are wIthIn the budget of the FIre Department bond. MOTION by SmIth. Seconded by Perry. to approve the ClaIms In the amount of $627.286.24. Motion carrIed unanImously. MOTION by Smith to adJourn. Mayor Orttel declared the meeting adjourned at 10:34 p.m. Respectfully submItted. ~~~~ RecordIng Secretary ....-.