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HomeMy WebLinkAboutCC September 17, 1991 ~ CITY of ANDOVER Regular City Council Meeting-September 17, 1991 7:30 P.M. Call to Order Resident Forum - Speakers are limited to 5 minutes each with a maximum of 15 minutes. Items tha twill require Council discussion will be placed on the next available agenda. Agenda Approval Approval of Minutes Discussion Items I. Assessment Hearing/Lot 1. Watt's Garden Acres 2. Assessment Hearing/Hidden Creek East 3rd Addn. Staff, Committee, Commission 3. Approve Hiring/Receptionist-Secretary 4. Approve Student Worker 5. Purchase Recycle Bins 6. Approve Joint Powers Agreement/Anoka County 7. Award Bid/Printing of Recycle Brochure B. Charter Commission 9. Award Bid/SCBA systems 10. Approve Purchase/Fire Hose 11. Land purchase/Fire Station #3 Non-Discussion Items 12. Receive August Financial Statements 13. Refund Escrow/Hidden Creek 3rd Addition Mayor/Council Input Approval of Claims Adjournment - _.--" .....~...~ - ___4_ ~- . ,- REGULAR CITY COUNCIL MEETING - SEPTEMBER 17, 1991 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3 ASSESSMENT HEARING/LOT 1, WATT'S GARDEN ACRES · · · · · · · · · · 3 ResolutIon R143-91 adopting assessment roll · · · · · · · · · · 3 ASSESSMENT HEARING/HIDDEN CREEK 3RD ADDITION . · · · · · · · · · · 3 Resolution R144-91 adopting assessment roll · · · · · · · · · · 4 CHANGE ORDER/EXTENSION OF TIME/HILLS OF BUNKER LAKE · · · · · · · 4 APPROVE HIRING RECEPTIONIST/SECRETARY (PatrIcIa Gorshe) · · · · · 4 APPROVE STUDENT WORKER . · · · · · · · · · · · · · · · · · · · · · 4 PURCHASE RECYCLE BINS/APPROVE JOINT POWERS WITH ANOKA COUNTY/ AWARD BID FOR PRINTING OF RECYCLE BROCHURE · · · · · · · · · · 4 CHARTER COMMISSION . · · · · · · · · · · · · · · · · · · · · · · · 5 AWARD BID/SCBA SYSTEMS . · · · · · · · · · · · · · · · · · · · · · 5 APPROVE PURCHASE/FIRE TRUCK EQUIPMENT · · · · · · · · · · · · · · 5 LAND PURCHASE/FIRE STATION #3 (EmInent Domain) . · · · · · · · · · 6 FIRE STATION SIGNS . · · · · · · · · · · · · · · · · · · · · · · · 6 COUNTY SURVEYOR/CONDOMINIUM PLATTING . · · · · · · · · · · · · · · 8 COUNTY HISTORICAL SOCIETY · · · · · · · · · · · · · · · · · · · · 8 AUTHORIZATION TO BUILD SHELVES . · · · · · · · · · · · · · · · · · 8 NON-DISCUSSION ITEMS ReceIve August FinancIal Statements. · · · · · · · · · · · · · 8 Refund Escrow/HIdden Creek 3rd AdditIon. · · · · · · · · · · · 8 ArbItrage Rebate/1988 Series Bonds · · · · · · · · · · · · · · 8 MAYOR AND COUNCIL INPUT TraIns BlockIng Roads. · · · · · · · · · · · · · · · · · · · · 9 Legal Fees . . . · · · · · · · · · · · · · · · · · · · · · · · 9 ResIdent Complaint/DrIving In Park · · · · · · · · · · · · · · 9 APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 9 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 9 - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 17, 1991 MINUTES The Regular BI-MonthJy MeetIng of the Andover CIty Council was caJ Jed to order by Mayor Ken Orttel on September 17. 1991. 7:30 p.m.. at at the Andover CIty Hall. 1685 Crosstown Boulevard NW. Andover, Minnesota. CouncIlmembers present: Jacobson, McKelvey. Perry, SmI th CouncIlmembers absent: None Also present: City Attorney, WIlliam G. Hawkins TKDA Engineer, John Davidson City ZonIng Administrator. d' Arcy Bose J I CIty Clerk. VIcki VoIk Others RESIDENT FORUM Mark Carlson. 1095 138th. HIJJs of Bunker Lake - stated he was reported by one of the DeputIes as storIng a commercIaJ vehIcle next to his residence. He explaIned when they buI J t the house three years ago, they carefully planned the pad for the vehicle; and he presented the Counc II with pIctures showIng that the vehIcle cannot be seen from any dIrection. The vehicle Is less than 12.000 pounds when empty. and It Is empty when parked by his house; however, the gross vehIcle weIght Is 26.000 pounds. His neIghbors do not object to parking the vehIcJe by hIs house. He stated he has JIved there three years and no one has ever complaIned. ThIs Is his llveJ Ihood, and he asked the Counc II I f there Is a way for him to contInue parkIng the vehicle In hIs yard. Ms. Bosell revIewed the case for the CouncIJ. In discussIng It further. the Counc II felt the Intent of the ordInance Is to keep Jarge commercIal vehIcles out of the resIdential area. The object of the gross weIght provision In the ordInance Is to determIne the size of the vehicle. The ordInance was recently changed to allow commercIal vehlcJes on the larger lots If they are garaged: but the CIty has been very strIct about not alJowlng the housIng of commercIal vehIcles that are over 12.000 pounds gross capacIty In resIdentlaJ areas. By al lowing thIs one, they feared It would open It up to having to allow al J others. The Counc I J also felt that a varIance Is not applicable In this sItuatIon, because It would have to be a use variance, whIch Is not permItted. And It wouJd be a very remote possIbIlity that the Counc I I would allow a commercial use In a resIdentIal dIstrIct. Jerry WIndschItl. 3648 152nd Lane - asked that the Counc II consider vacating the park access on the east end of Creek View Estates. That access was not part of the prelImInary plat and was approved In the final plat by the Counc II In error wIthout going through the publIc hearIng process. He feared that thIs park access wIll be bJacktopped lIke the one to the west was done this week. whIch Is approximately 10 feet wide all the way down two property lines to the park entrance. -- _ _.0---_ .--- ~-- _.~- - .- - Regular CIty CouncIJ Meeting Minutes - September 17. 1991 Page 2 <Resident Forum. Continued) Mr. WIndschItl stated that paving Is totally destroyIng the natural look. wonderIng why such a Jarge entrance to the park Is needed. He suggested the easement on the east edge of the plat be vacated and eIther put back In off the end of Xeon where It was orIgInaJly proposed In the prelIminary plat, or elImInate It and requIre hIs development to put In an access. The developer of Creek VIew Estates does not object to removing that easement. He asked If the Item could be placed on the Agenda to be consIdered. KevIn and Carolyn Gwenn. 1210 141st Lane NW - buIldIng a home next to the easement referred to by Mr. WIndschItI. They are concerned about the easement and what will be put In ther'e. They are Isolated and are afraId many peopJe would come through that easement. accessing the back of their house and IncreasIng the possibIlIty of vandalIsm. They were not aware of any access through there when they purchased the lot In Aprl J. He didn't know If It Is a necessary access but would JIke to see It vacated if possIble. Mr, DavIdson revIewed the background regarding the Jocatlon of the easement to the park. The westerly access that was just paved was done to that wIdth to accommodate PublIc Works' abII i ty to get to the easement by the creek. That easement Is over the main trunk sewer lIne and water crossIng. He understood there wIll be posts and chaIns across It so the road would only be used by PublIc Works vehIcJes. Mr. DavIdson aJso pointed out that with the grade change In the plat, It Is no longer feasible to provide the park access off Xeon wIthout havIng to cut through a steep grade. The Counc I J felt It Is a park Issue. They advised that Mr. WlndschItl may make applIcation for the vacatIon of that easement. It wou I d be dIscussed by the Park and Recreation CommissIon and a publIc hearIng would be held by the PlannIng and ZonIng CommIssIon. GreQ Smedsrud. 17940 Aztec Street NW - receIved approval from the CouncIl to construct an accessory structure on 17913 Aztec Street. When he appJled for the SpecIal Use Permit. he assumed the approval Included the sIze of the structure. 40'x60' . as shown on the sketch plan. After some dIscussIon. the Counc II recalled that the sIze of the structure was to meet ordInance requirements. Mr. Smedsrud - stated the ordInance aJJows the sIze of the accessory buIldIng to be the sIze of hIs prIncIpal structure excJudIng any other outbul Jdlngs. That lImits hIm to 1850 square feet. Because the structure Is to be on another Jot, he asked for consideration to be abJe to exclude the other accessory buildIng he has and to construct thIs buIldIng accordIng to the plans he showed the CounclJ this evenIng. If the size of the structure has to be reduced. he stated hIs alternatIve would be to construct a more standard-appearing structure. ThIs way he has a chance to create somethIng that Is aesthetically pleasing to the neIghborhood and to serve his needs. - Regular City CouncI] MeetIng MInutes - September 17, 1991 Page 3 <ResIdent Forum, ContInued) The majorIty of the Council felt that the ordinance requirements should prevail: however, It was determIned that If the size of the prIncIpal structure were to be Increased. the size of that accessory structure cou]d be Increased an equal amount. AGENDA APPROVAL The following Items were added to the Agenda: Item lla. FIre Station SIgns: I1b. County Surveyor/CondomInIum PlattIng; llc. County HIstorlcaJ Society; lid. Authorization to Build ShelvIng: Item 14, Change Order/HII]s of Bunker; and 15. A~bltrage Rebate MOTION by Jacobson, Seconded by Perry. to approve the Agenda as amended. Motion carrIed unanimously. APPROVAL OF MINUTES September 3. 1991 - Correct as written. MOTION by Jacobson, Seconded by Perry. approve the September 3, 1991. Counci] MInutes as wrItten. MotIon car~led on a 4-Yes. I-Present (SmI th). ASSESSMENT HEARING/LOT 1. WATT'S GARDEN ACRES Mr. DavIdson reviewed the proposed assessments for the three parcels affected by P~oJect 90-6. The total amount Is hIgher than the feaslbl]Ity report due to the condemnatIon for the rIght of way. He recommended the assessment ro]1 be adopted as submItted. There was no pub]Ic testImony. MOTION by Jacobson, Seconded by SmIth, to close the pub]Ic hearing. Motion carried unanlmous]y. MOTION by Jacobson. Seconded by Perry. the Resolution adopting the Assessment Roll for the Improvement of sanItary sewer and watermaln. ProJect No. 90-6, as presented. (See Resolution R143-91) Motion carrIed unanimously. ASSESSMENT HEARING/HIDDEN CREEK 3RD ADDITION Mr. Davidson reviewed the proposed assessment ro]l for Project 90-5, which is less than the estImated amount In the feasibIlity report. There was no publIc testImony. ,þ-. - Regular CIty CouncIl MeetI ng MInutes - September 17. 1991 Page 4 (Assessment Hearing/HIdden Creek 3rd AddItIon, ContInued) MOTION by McKelvey. Seconded by Perry. to close the PublIc Hearing. Motion carrIed unanimously. MOTION by Perry. Seconded by McKelvey, a ResoJutIon adoptIng the Assessment RoJ I for the Improvement of sanitary sewer, watermaIn. streets and storm draIn. Project No. 90-5. Hidden Creek East ThIrd AddItIon, as presented. (See Resolution R144-91) Motion carried unanImously. CHANGE ORDER/HILLS OF BUNKER LAKE Mr. DavIdson asked for an extension of tIme to September 29 to complete the Hll]s of Bunker Lake Fourth project. They were slow In allowing the contract to get into the project. plus the gas company has caused a delay. There Is no objection from the developer. MOTION by SmIth. Seconded by McKelvey, that we grant the extensIon per Change Order No. 1 on HIl Is of Bunker Lake Fourth EdItIon, Project 91-4. change In contract completIon date with no change to the cost of the contract. MotIon carried unanimously. APPROVE HIRING RECEPTIONIST/SECRETARY The CouncIl preferred to have the probatIonary Increase based on performance rather than to set the specifIc amount at this tIme. MOTION by Jacobson. Seconded by SmIth. that the CouncIl approve the hIrIng of PatrIcia Gorshe as ReceptIonIst/Secretary at a startIng wage of $7.95/hour wIth an Increase after satisfactorIly completing a probatIonary perIod of sIx months. Motion carrIed unanimously. APPROVE STUDENT WORKER MOTION by SmIth, Seconded by McKelvey, approve the hIrIng of a student worker for at least a six-month perIod that It Is funded for. subject to a revIew at six months. MotIon carrIed unanImously. PURCHASE RECYCLE BINS/APPROVE JOINT POWERS WITH ANOKA COUNTY/AWARD BID FOR PRINTING OF RECYCLE BROCHURE CIndy DeRuyter. RecyclIng CoordInator. requested approval to purchase 2000 recyclIng bins from the low bIder, Rehrig PacIfic Company. She also reported on the Recycling Day held September 14. .- - 'þ~- ReguJar City CounclJ MeetIng Minutes - September 17, 1991 Page 5 (Recycling Items, ContInued) MOTION by Jacobson. Seconded by SmIth. In the affIrmatIve Item 5. Purchase Recycling Bins In the amount of 2.000 bIns to RehrIg PacIfic Company for a totaJ of $9.360; and Agenda Item 6. that we approve the Joint Powers Agreement between Anoka County and the City of Andover as presented; and Item No. 7, to approve the bId for printing a recyclIng brochure to BlaIne Printing for 5.000 quantIty at the rate of $397.80. notIng they are the low bId. MotIon carrIed unanImously. CHARTER COMMISSION Mayor Orttel expJalned the terms of three members of the Charter CommIssIon expire In November. The Counc II can make recommendatIons to the DIstrict Court. who then formally makes the appointment. DIscussIon was that In the past. there was a member of the Council on the Commission. CharlIe VeIman - stated he Is Interested In being reappoInted to the CommIssJon. Ms. Volk stated Ms. Sabel has a]so expressed a desIre to be reappointed to the Commission. Staff has not yet contacted Mr. Wlndschltl. It was agreed to table the Item for two weeks to al low time for Mr. WIndschI t I to be contacted and for the CounclJ to consider the possIblJlty of recommending a Councllmember to serve. The Item wlJ I be on the October 1. 1991. Agenda. AWARD BID/SCBA SYSTEMS Bob Peach. Bond Coordinator. reviewed the bids for two compresors and an aIr storage system. The Fire Department Is recommending the bId be awarded to the low bidder of IngersolJ Rand for $19.166. MOTION by Smith. Seconded by McKelvey. that we award the bid to Ingersol I Rand In the amount of $19,166. Motion carried unanimously. APPROVE PURCHASE/FIRE TRUCK EQUIPMENT Mr. Peach stated the Fire Department Is requesting approval to purchase various truck equIpment Items that were Included In the budget. These specific Items were marked wIth an asterisk In the budget to be heJd out untIJ the building was near completion. He anticIpates no major cost surprIses on the building and asked that these funds be released. MOTION by Smith. Seconded by McKelvey, that we accept the fIgures as wrItten for small equipment for the fire trucks. low bids In the amount of $10.942 for al I the purchases. Motion carried unanimously. ,- . ...--. - ., .- Regular CIty Council Meeting MInutes - September 17. 1991 Page 6 LAND PURCHASE/FIRE STATION #3 Bob Peach. Bond Coordinator. stated the Committee researchIng a 1 ocatI on for FIre StatIon #3 on the east sIde of the CIty has not found a wIIJIng buyer. He did talk wIth the owner of the property In the southwest corner of the Intersection of 157th and Crosstown Boulevard. but they were not abJe to reach an agreement. The fIrst prIorIty for the location Is on the northeast corner of that Intersection. The funds are from the FIre Department Bond Issue approved by the resIdents. Attorney Hawkins advIsed that because the bond funds must be spent by December 31. 199i. approval to begIn eminent domaIn proceedings must be given thIs evenIng to allow hIm time to prepare for those proceedIngs. Both he and Mr. Peach stated they wIJJ continue to contact and negotIate wIth property owners In an attempt to acquire some land for the statIon wIthout havIng to condemn It. MOTION by Perry. Seconded by SmIth. that the Andover CIty Council approve the request of the FIre Department that eminent domaIn proceedIngs be InItIated on a parcel In the vIcInity of Crosstown and 157th Avenue that Is deemed suitable for Fire StatIon No. 3. MotIon carried unanImously. FIRE STATION SIGNS Mr. Peach reported the sIgn company had assumed the signs were approved because they were shown on the plans that were approved. Because the sign company gets a substantial dIscount by orderIng In larger quantitIes. they wI J I not order any lettering untIl they are assured that the sIgns for both FIre StatIons are approved by the City. It takes about eIght weeks to get the letters after they are ordered. So there would be no signs on either statIon untIl next year unless this process can be expedited. There Is no problem wIth StatIon #1; however. the City's restrIctIve ordInance does not allow the size of sIgn beIng proposed for FIre Station #2. Ms. BoseJ I has advised the sign company to apply for a variance. which will take severaJ weeks. Mr. Peach feJt the ordInance should be amended to address publIc buildIngs In residential areas. They are a permitted use. but the signIng al lowed Is too restrictIve. HIs suggestIon would be to address publIc use type structures In residentIal areas J Ike Neighborhood Business for sIgn purposes. Mayor Orttel also felt It Is unreasonabJe to requIre only a four- square-foot sign on pubJlc buildIngs. Clearly public and InstItutIonal uses In a resIdential area were not contemplated when the ordinance was written. --- ...~- - - Regular CIty CouncI] MeetIng Minutes - September 17, 1991 Page 7 <FIre StatIon SIgns. ContInued) Ms. BoseIl noted a memorandum she wrote to the CouncIl deal ing wi th the ordInance and the procedure she foJlowed regardIng the signIng on the Fire Stations. She stated that prIor to the last Counc II meetIng she did not deny the sign permIt request for the Fire Stations because she did not have a permit request and talked only In generalItIes. Ms. BoseJ I stated there Is no problem wIth Station #1 because It Is zoned NeIghborhood BusIness: however. the ordInance only aJJows 32 square feet of slgnage In residentIal areas. The proposed sIgn for FIre StatIon #2 Is 85.17 square feet. The square-foot requIrement excJudes sIgning for parkIng, exits, etc. The sIgn company has applied for a varIance. whIch Is on the September 24 PlannIng and ZonIng CommIssion agenda. Staff felt that the CIty could initiate a rezonIng of Fire StatIon #2 so that the restrIctIve sIgnIng of the resIdentIal dIstrIct would not appJy. That can be done on property for the northeast station as weJJ. There was a lengthy discussion on the ordInance requirements. the tIme restrictIons for the FIre StatIons, and proposaJs to resolve the Issue. Mayor Orttel noted the Council had dIrected the Staff and P & Z to consIder amending the ordInance to address the Issue. Instead the Staff Is recommendIng a varIance, whIch he felt Is not the appropriate procedure because It Is a use varIance and Is not because of a hardship havIng to do wIth the charaterIstIc of the land as requIred by the ordInance. He felt the ordInance Is unnecessarlJy restrIctIve. poIntIng out that Andover School Is not easIly IdentIfIed because of the lImIted sIgnIng allowed. Mayor Orttel suggested the ordinance should be suspended for publIc. InstItutional and utIlIty uses In resIdentIal dIstricts to be referred to the oversIght of the ARC Committee untIl the ordInance can be amended to relate to these Issues. The majorIty of the CouncIl did not wish to suspend the ordInance at this tIme. preferrIng Instead to have the PJannIng CommIssion review It, make recommendations. and hold the necessary hearings. The consensus was agaIn to dIrect the Staff and PlannIng CommissIon to look at amending the ordinance to aJJow for approprIate sIgnIng for publIc. Instl tutIonaI. and utilIty buildIngs In resIdential dIstrIcts. Mr. Peach asked for dIrectIon regardIng the sIgnIng. The majorIty of the Counc ¡ J suggested the letterIng be ordered. guaranteeIng payment to the sign company. Mr. Peach reported the FIre StatIons should be completed In earJy October. One tanker wi I 1 be arrIving in late September, the aerIal and pumper In earJy October. and the second tanker In mid-October. - ..- - ,-- Regular City CouncIl Meeting MInutes - September 17, 1991 Page 8 COUNTY SURVEYOR/CONDOMINIUM PLATTING Mayor OrtteJ noted a letter from the County Surveyor askIng for support on a recommended ordinance they have submitted to the County Commissioners that they would take over the reviewal of all condominium plats In the county. The CIty would stIl I have review and approval process. but they would then be submItted to the County Surveyor to Insure that the Instrument Is accurate for recording purposes. Counc II dIrected the letter to the CIty EngIneer and AssIstant EngIneer for their comments. The CouncIl had no objectIons. COUNTY HISTORICAL SOCIETY Mayor Ortte] Informed the CouncIl of a letter from the Anoka County HIstorical SocIety regardIng theIr actIvIties. There Is a State statute that cItIes can contribute up to $500 to the hIstorIcal socIety of theIr county to be used for the promotion of hIstorIcal work In the county, and they are askIng for up to that amount. Because the CIty's budget for 1992 Is already set. he recommended thIs be kept In mind for the folJowIng year unless there Is a change In the 1992 budget. CouncI I agreed. AUTHORIZATION TO BUILD SHELVES Frank Stone, PublIc Works Supervisor. asked to buIld shelves all the way up to the ceIling In the storage area behInd the CouncIl Chambers. He also proposes buIldIng a balcony above the police garage for more storage. The funds from the sale of old equipment would be used for thIs. The Counc II suggested he look at the cost of IndustrIal-type metal shelving as well. MOTION by SmIth, Seconded by Perry, that we allow Frank Stone to get some bids from carpenters to Install shelving usIng the money from the sale of the old equipment, and authorIze the work If It Is under $1,843.05. Motion carrIed unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by SmIth, that the CIty CouncIl receive the FinancIal Statements as presented, Item 13. Refund Escrow/Hidden Creek ThIrd AddItion. The CIty holds $98,926.11 In escrow and due to the City Is $45,532.62. Deducting what Is due the CIty. authorIze the Mayor and Clerk to have a check prepared to Good Value Homes for the dIfference In the amounts. And authorIze the Mayor and C]erk and legal counse I , if necessary. to sIgn any papers If necessary for the return of the arbitrage on the 1988 Series Bonds. Motion carried unanimously. 'þ-- . . - Regular CIty CouncIl Meeting MInutes - September 17. 1991 Page 9 MAYOR AND COUNCIL INPUT TRAINS BLOCKING ROADS - CouncIJmember Jacobson stated he waited 15 minutes for the traIn to clear the road Intersection this evenIng. expressIng frustration that this Issue has not been resolved. He asked that the Staff wrIte a strongly worded letter to the raIJroad and ask for a wrItten response. LEGAL FEES - CouncIlmember Jacobson asked about the recovery of some of the I ega I fees for the Sonsteby case. Attorney Hawkins stated he would check Into the matter. RESIDENT COMPLAINT/DRIVING IN PARK - Mayor Orttel stated a resident called him regardIng a ticket hIs son receIved for drlYlng In the grass In the pa~k behind City Hall. The young man was a tennis teacher for CommunIty EducatIon; and on the last day of cJass he bought a large box of treats for the students. backing his truck to the table. A deputy gave hIm a ticket for doing It. The parent expresed concern about CIty Staff callIng the SherIff on theIr son. Mr. Stone stated the vehicle was parked on the grass more than one time. That day there were three cars there which drove right up to the tennis court. There Is no tabJe the~e. but there Is a sign about not parkIng on the grass. No Counc II action was taken. APPROVAL OF CLAIMS MOTION by SmIth. Seconded by Perry. that we approve the C]aIms In the amended amount of $794,317.65. Motion carried unanimously. MOTION by SmIth to adjourn. Mayor O~ttel declared the meeting adjourned at 9:54 p.m. Respsectfully submItted, '~~h-~~ Marcella A. Peach Recording Secretary . ,- .~--~ - -