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HomeMy WebLinkAboutCC September 3, 1991 ~ CITY of ANDOVER Regular City Council Meeting-September 3, 1991 7:30 P.M. Call to Order Resident Forum-Speakers are limited to 5 minutes each with a maximum of 15 minutes. Items that will require Council discussion will be placed on the next available agenda. Agenda Approval Approval of Minutes Discussion Items I. Special Use Permit/Diesel Storage Tank/135B6 Thrush Street N.W. 2. Special Use Permit/Accessory Structure/17913 Aztec Street N.W. 3. Crosstown Boulevard Reconstruction Staff, Committee, Commission 4 . Approve Temporary Mobile Home Permit/16947 Verdin Street N.W. 5. 1992 Fee Schedule/Building Department 6. Award Bids/Misc. Equipment Sale 7. Adopt Resolution/Reimbursement Rules 8. Approve Change Orders/Fire Dept. Bond 9. Utility Maintenance Person Replacement Non-Discussion Items 10. Amend Water Ordinance II. Award Bid/91-l0/159th Lane. Swallow, Quinn 12. Accept petition, Order Feasibility/Northglen Area 13. Schedule Joint Meeting with Park Commission 14. Remove Stop Signs/Old Constance & University 15. 16. Accept Petition/Order Feasibility/Lund's Evergreen Estates 2nd-4th Additions 17. Approve Change order is/Fire Station Mayor/Council Input Approval of Claims Adjournment .1-_ _ ..._-.. - REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 3. 1991 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 SPECIAL USE PERMIT/DIESEL STORAGE TANK/13586 THRUSH STREET NW · · 2 ResolutIon 136-91 to approve · · · · · · · · · · · · · · · · · 3 SPECIAL USE PERMIT/ACCESSORY STRUCTURE/17913 AZTEC STREET NW . · · 3 ResolutIon 137-91 to approve · · · · · · · · · · · · · · · · · 4 CROSSTOWN BOULEVARD RECONSTRUCTION . · · · · · · · · · · · · · · · 4 APPROVE TEMPORARY MOBILE HOME PERMIT/16942 VERDIN STREET NW · · · 5 1992 FEE SCHEDULE/BUILDING DEPARTMENT ResoJutlon 138-91 to approve · · · · · · · · · · · · · · · · · 5 AWARD BIDS/MISCELLANEOUS EQUIPMENT SALE · · · · · · · · · · · · · 5 ADOPT RESOLUTION/REIMBURSEMENT RULES ResolutIon 139-91 to approve · · · · · · · · · · · · · · · · · 5 APPROVE CHANGE ORDERS/FIRE DEPARTMENT BOND . · · · · · · · · · · · 5 MotIon to approve Change Orders to trucks . · · · · · · · · · · 5 Motion to approve purchase of applIances · · · · · · · · · · · 6 APPROVE CHANGE ORDER #5/FIRE STATIONS · · · · · · · · · · · · · · 6 UTILITY MAINTENANCE PERSON REPLACEMENT (Scott ProtIvlnsky) . · · · 7 REPRESENTATIVE ON DISTRICT #15 FACILITIES COMMITTEE (M. Perry) . · 7 NON-DISCUSSION ITEMS ResolutIon 140-91. Award BldlIP91-10/159th Lane. SWallow · · · 7 Resolution 141-91. Accept Petltlon/Orde~ FeaslblIty/Northglen . 7 Remove stop signs/Old Constance and UnIversIty · · · · · · · · 7 ResolutIon 142-91. Accept PetItIon/Order FeaslbIIty/Lund's Evergreen Estates 2nd-4th AddItIons · · · · 7 AMEND WATER ORDINANCE . · · · · · · · · · · · · · · · · · · · · · 8 SCHEDULE JOINT MEETING WITH PARK COMMISSION (October 3) · · · · · 8 CHANGE ORDER/TIMBER TRAILS . · · · · · · · · · · · · · · · · · · · 8 . ,- ,þ_. - Regular Andover CIty CouncIl MeetIng - September 3. 1991 Table of Contents Page II MAYOR AND COUNCIL INPUT WDE SIte . . · · · · · · · · · · · · · · · · · · · · · · · · · 8 DumpIng next to SuperAmerIca StatIon · · · · · · · · · · · · · 8 Po) Ice Calls · · · · · · · · · · · · · · · · · · · · · · · · · 8 APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 9 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 9 , .~- . r;... CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 3, 1991 MINUTES The Regular BI-Monthly Meeting of the Andover City CouncIl was called to order by Mayor Ken Ortte] on September 3. 1991; 7:30 p.m.. at the Andover City Hall. 1685 Crosstown Boulevard NW. Andover. MInnesota. Counci]members present: Jacobson. McKelvey. Perry CouncIlmember absent: Smith Also present: CIty Attorney, WillIam G. HawkIns p & Z Commission Chairperson. Randy Peek CIty Planner. David Carlberg CIty AdminIstrator/EngIneer. James Schrantz Others RESIDENT FORUM Bob Peach. Bond Coordinator - stated the a~chltect for the Fire Stations has Informed him the CIty's ZonIng AdmInistrator. d'Arcy Bosell. has denied a permit to put the lettering on the buildIngs of both fire statIons because they exceed 32 square feet. apparently the size requirement for signs In resIdentla] areas. He couldn't Imagine anyone objecting to the size of the letterIng on publIc buildings. The lettering on the front of City Hall covers about 80 square feet. which Is much larger than anything they are askIng for. Mr. Carlberg stated FIre Station 1 Is In a General Business zone whIch can have up to 100 square feet of sIgnIng. Therefore. there should not be a problem with the ]ette~lng on that statIon: but Station 2 Is In a resIdential area. CouncIl discussIon noted the ordInance Is vague as to whether It Includes all letterIng such as that needed for handIcapped parking and access. etc.. and questIoned the practicality of the 32-square-foot rule applyIng to public/municipal structures which need IdentifyIng signs. It was also pointed out that the Special Use Permit process Is lengthy. Council directed Staff to look at the ordInance relative to municIpal uses. church. and schools In resIdentla] distrIcts which must have IdentIfYing sIgns and suggest modificatIons to allow for that signing. Councllmember Jacobson had a slmllIar probJem relatIve to sIgnIng at the Meadowcreek Church on Bunker Lake Boulevard. Ms. Bosell cal led the architect workIng on the church to come In for a SpecIal Use Permit for the sign. After the application was made. Ms. Bosell saId they could not get a SUP because of the sign already In front of the old buildIng. The signs were on the approved drawIngs. and they were of the opinion that everything was taken ca~e of. They do not want . _.- .....- - .~~- Regular City Councl] Meeting MInutes - September 3, 1991 Page 2 (ResIdent Forum. ContInued) to tear down the old one to put up a 32-square-foot new one. The cement workers are scheduled to leave on Thursday. and they want to have the monument for the sIgn done now or It wIll cost $3.500 extra to have them come back next sprIng. Mr. Haas stated the sIgn was dIscussed with the archItect when the site plans were done. and Staff asked that the sIgn be taken off the sIte plan. Mr. Carlberg stated a strIct InterpretatIon of the ordInance would be only one sign Is allowed per lot frontage of only four square feet. He felt the square footage applied to the sIgn Itself. not to the base portIon. If the church has two lots. he thought It may be possible to have a second sIgn. After discussion, the Counc II suggested the Church construct the base portion of the sIgn and Insert the sign when the ordInance has been cl ar If led. They also felt the ordInance Is really defIcient. using the example of a school with driveways 500 to 800 feet apart and needIng IdentIfyIng sIgns at both entrances. FIre statIons. churches. schools. etc.. need the signage. The majorIty on the Council did not see a problem with the proposed signIng for the FIre Stations and the Church. but they asked that the ordInance be addressed as soon as possIble. Mr. Carlberg stated public hearings would be held by the p & Z on September 24. AGENDA APPROVAL The followIng Items were added to the Agenda: Item 9a. Andover RepresentatIve on DIstrict #15 FacilItIes CommIttee; and Item 18. Change Order Timber Trails. MOTION by Jacobson. Seconded by Perry. to approve the Agenda as amended. Motion carried on a 4-Yes. l-Absent (SmIth) vote. APPROVAL OF MINUTES August 20. 1991: Correct as wrItten. MOTION by Perry. Seconded by McKelvey. approval of Minutes of August 20. 1991. as written. Motion carrIed on a 3-Yes (McKelvey. Orttel, Perry) . I-Present (Jacobson). l-Absent (Smith) vote. SPECIAL USE PERMIT/DIESEL STORAGE TANK/13586 THRUSH STREET NW Chairperson Peek revIewed the Planning Commission's recommendation to approve a Special Use Permit requested by M & S Drywall to al low for the Installation of a 1.000-gallon above-ground diesel stor-age tank. The applicant has stated ther-e wIll be a concrete slab wIth dam and curbing at the pump. ..-- ,~--, - ReguJar CIty CouncIl Meeting Minutes - September 3. 1991 Page 3 (Specla] Use PermIt/DIesel Storage Tank/13586 Thrush St.. Continued) MOTION by Jacobson. Seconded by Perry. a ResolutIon grantIng the SpecIal Use Permit of M & S Drywall to locate a 1.000-gallon above-ground diesel storage tank at 13586 Thrush Street NW. as prepared with the change In Section 1. to read: The applIcant shaJ] provide to the City. In wrIting. proof that the tank meets all State requirements and Installation regulatIons. (See ResoJutlon RI36-91) MotIon carrIed on a 4-Yes. l-Absent (SmIth) vote. SPECIAL USE PERMIT/ACCESSORY STRUCTURE/17913 AZTEC STREET NW Chairperson Peek reYIewed the Planning CommissIon's recommendatIon to approve the Special Use PermIt request of Greg Smedsrud to constrct an accessory wood-frame structure on a vacant parcel across the street from his prImary dwellIng. Most of the neIghbors gaye testImony In favor of the request. though one expressed concern over the possIble undesIrable uses of the accessory structure If It Is sold In the future. The applIcant Is not able to construct an accessory structure on hIs primary lot. whIch borders the Rum RIver. because of the restrIctIons of the ordInances. The applIcant Intends to use this property for horses. That Is not a part of the SpecIal Use Permit. though the applIcant was made aware of the EquestrIan CouncIl and guIdelInes that must be followed. The CommIssion was concerned about some lInkage between the primary structure and the accessory structure, though the applicant Is not Interested In constructing a prImary structure on thIs parcel. ChaIrperson Peek recommended the CouncIl address the linkage Issue. Mayor Orttel stated he has talked to the applIcant. who Is out of town this evenIng. Apparently Mr. Smedsrud has collector cars and wishes to house horses. and he Is IntendIng to purchase both Lots 6 and 7 across the street from hIs prImary structure. The sIze of the accessory buIldIng Is limIted to the sIze of the square footage of the principal structure by ordinance. which wIll be handled by the BuIlding Department. The Mayor's concern was that In the past the City has been very strIct about allowing accessory structures prIor to a primary structure. Mr. Smedsrud has stated he would have no problem makIng a deed linkage regardIng use, that the accessory buIldIng would be allowed only as an accessory use to his primary buildIng across the street untIl there Is a main structure on that parcel. Chairperson Peek feJt the PlannIng CommIssion would support that. ., .-. . Regular City CounciJ MeetIng Minutes - September 3. 1991 Page 4 (SpecIal Use Permit/Accessory Structure/17913 Aztec. ContInued) DiscussIon was then on the acreage needed to house horses. Attorney HawkIns felt the Intend of the ordInance Is to have a minImum of 2.5 acres regardless of whether It Is one lot or contIguous lots under the same ownership. The problem of selling one of the lots. leavIng less than 2.5 acres. can be coyered by puttIng a provIsIon In the deed that the IndIvidual lots could not be sold wIthout removal of the horses. A restrIctive covenant would be recorded against the lots gIYlng the CIty the authorIty to enforce It. Mayor Orttel stated the problem Is Mr. Smedsrud Is buyIng two lots which combine to over 3 acres. If the lots are combined. a pole barn would be allowed. If they are combined. It Is unlIkely the CIty will allow them to be spilt agaIn. Mr. Smedsrud would lose a lot of value and tended to agree wIth retaInIng the two separate lots. Councllmember Jacobson stated thIs Is not an accessory structure prIor to the constructIon of a prIncIpal structure because the applicant does not Intend to buIld the prIncipal structure. He dIdn't think this perml t Is needed If there Is documentatlon that the two lots are II nked I ega 1 I y . He wondered If this would be allowed If the parcel was 1/4 mIle or 1 mile or farther from the lot of the primary structure. feeling that could be a problem. Mayor Orttel stated because there Is no prImary structure. this perml t Is needed eyen though It will be JInked. MOTION by Perry. Seconded by McKelvey. the ResolutIon grantIng the SpecIal Use PermIt request of Greg Smedsrud to construct an accessory structure at 17913 Aztec Street NW. wIth the followIng changes: first paragraph. . WHEREAS. Greg Smedsrud has requested a SpecIal Use Permit to construct an accessory structure on the property located at...· because we don't antIcIpate there will be a princIpal structure: Add Item 1. ·That the propertIes be lInked by restrIctive convenant."; renumber the remainIng condItIons; and correct Item 3. "The applIcant shaJI place the structure In accordance with the minimum requirements of the desIgnated zonIng distrIct." (See ResolutIon R137-91) MotIon carrIed on a 3-Yes (McKelvey, Orttel. Perry). I-No (Jacobson). l-Absent (SmIth) vote. CROSSTOWN BOULEVARD RECONSTRUCTION Mr. Haas stated thIs Is an Informational Item regardIng the reconstruction of Crosstown Boulevard from NIghtIngale to Hanson Boulevard. It Is desIgnated MSA; therefore. curb and gutter would most lIkely be 100 percent eligible. Counc II suggested the Staff work with the county to have the storm sewer calculations submitted to the state prior to havIng to make the decIsion on the road so the CIty wI 1 I know what can be paid for out of MSA funds. <~--, - Regular CIty CouncIl MeetIng MInutes - September 3, 1991 Page 5 APPROVE TEMPORARY MOBILE HOME PERMIT/16947 VERDIN STREET NW MOTION by Jacobson. Seconded by McKelvey. that the CIty CouncIl authorize the 90-day temporary mobIle home permIt at 16947 VerdIn Street NW. 90 days from today's date. MotIon carrIed on a 4-Yes. l-Absent (SmIth) vote. 1992 FEE SCHEDULE/BUILDING DEPARTMENT MOTION by Perry, Seconded by Jacobson. a ResolutIon establIshIng permIt fees and servIce charges to be collected by the CIty of Andover as presented. (See ResolutIon R138-91) Motion carried on a 4-Yes. l-Absent (SmIth) vote. AWARD BIDS/MISCELLANEOUS EQUIPMENT SALE MOTION by Jacobson, Seconded by McKelvey, that the CIty CouncIl authorIze the sale of equipment and merchandise as listed on the sheet tItled "Miscellaneous EquIpment Sale" whIch Is on the Agenda for tonight's meetIng as lIsted. MotIon carrIed on a 4-Yes. l-Asent (Smith) vote. ADOPT RESOLUTION/REIMBURSEMENT RULES Attorney HawkIns advised the CouncIl Is beIng asked to adopt a Resolution prepared by Dave Kennedy of Homes and Graven having to do wIth the reImbursement expendItures from tax exempt bond proceeds. MOTION by Jacobson. Seconded by Perry. the ResolutIon declarIng the officIal Intent of the City of Andover to reImburse certain expenditures from the proceeds of taxable or tax-exempt bonds to be Issued by the CIty. as presented. (See ResolutIon R139-91) MotIon carrIed on a 4-Yes. l-Absent <SmIth) vote. APPROVE CHANGE ORDERS/FIRE DEPARTMENT BOND Bob Peach. Bond CoordInator. reviewed the proposed change orders to four of the trucks beIng buIlt for the FIre Department by Pierce and AlexIs resultIng from the "prepaInt" InspectIons of the trucks. With these changes. all changes to date amount to a 2.7 percent Increase to the orIginal bId. Mayor Orttel asked for a motIon to approve the Change Orders for the trucks as presented for a total of $5.822.23. MOTION by McKelvey. Seconded by Perry. to so move. Motion carried on a 4-Yes. l-Absent (SmIth) vote. Regular CIty CouncIl Meeting Minutes - September 3. 1991 Page 6 (Approve Change Orders/FIre Department Bond, ContInued) Mr. Peach asked for CouncIl approval to purchase the applIances for the FIre Stations as lIsted In the Agenda material. Only mInor changes were made to the Items prevIously approved by the CouncIl. IncludIng the change of the large televIsIon to a smaller one. ThIs evenIng he receIved updated InformatIon regardIng a cheaper television. whIch he wIll Investigate. He wIll also check Into the feasibilIty of purchasIng two smaller televIsIons with hangers versus one larger one for the meetIng room. The bottom line. Including shippIng. Is $8.559.20 for all Items lIsted. MOTION by Perry, Seconded by Jacobson. approval of the purchase of the bond equipment as presented In the memo of Sepotember 3. 1991. In the amount not to exceed $8.559.20. Motion carried unanImously. Mr. Peach stated they are requIred to purchase land In the northeast portion of the CIty from the bond proceeds for the future Fire StatIon 3. The CommIttee has looked at about fIve sItes In the vIcInIty of 157th and Constance along Crosstown Boulevard. They have Informally contacted the owners but have been turned down by most. The primary sIte Is at the northeast corner of 157th and Crosstown; secondary site In the southwest corner of that IntersectIon. If some agreement cannot be made on one of these two sItes. It may be necessary to InItIate condemnatIon. recognIzIng the bond money must be spent by December 31. 1991. Attorney Hawkins advised that If condemnatIon Is necessary. It sh ou ) d be ordered at the next CouncIl meetIng. Mr. Almgren stated the property owner on the southwest corner has expressed an Interest In talkIng wIth the Department. Mr. Peach stated he would follow up on that I tern. Mr. Peach then updated the Council on the arrival of the new trucks. expectIng one truck the thIrd week In September. two more around the first week of October. and the last tanker about the middle of October. StatIon 1 Is expected to be completed by October 1 and Station 2 by October 15. APPROVE CHANGE ORDER #5/FIRE STATION Mr. Peach stated the change orders are to surface mount the boxes for the telephones on the front and back doors of the statIons and change the servIce on the aIr compressor In Station #2. The change order shows the qualIty of one outlet box. but three are beIng Instal]ed and the unIt prIce of $689 should be for all three. MOTION by Jacobson, Seconded by Perry. Change Order No. 5 on the conditIon that the telephone outlet boxes. the amoun t 1 I sted there Is for three and not for Just one. MotIon carried on a 4-Yes. l-Absent <SmIth) vote. .~- . ReguJar CIty Council Meeting Minutes - September 3. 1991 Page 7 UTILITY MAINTENANCE PERSON REPLACEMENT Mr. Schrantz recommended Scott Protlvinsky be promoted to fill the vacancy left by Brian Kraabel. The City wIll then advertise to fIll Mr. Protlvlnsky's position. He also recommended a wage Increase to $10.60 per hour with a 40-cent Increase after six months. The Council was concerned about setting the saJary beyond thIs Increase. feeling that should be determined based on merit. MOTION by Perry. Seconded by Jacobson. that we accept the Staff recommendation to promote Scott P.otIvInsky to the UtilIty Maintenance Person position and that his wages be Increased to $10.60 per hour wIth an Incremental Increase at six-month periods dependent upon performance. Motion carried on a 4-Yes. l-Absent (Smith) vote. ANDOVF.R REPRESENTATIVE ON DISTRICT #15 FACILITIES COMMITTEE Mayor Orttel read the letter from School DIstrict #15 asking for an Andover City CouncIl representative on theIr Facilities CommIttee. MOTION by Orttel. Seconded by Jacobson. to appoint Marge Perry to the FacilIties Committee for District #15. Motion carried on a 4-Yes. l-Absent (SmIth) vote. NON-DISCUSSION ITEMS MOTION by Jacobson. Seconded by Perry. to move affirmatIvely on tonIght's meeting agenda Items 11. 12. 14. and 16. (See the following: ResolutIon R140-91 - Award Bld/IP91-10/159th Lane. SWallow. Quinn to Central Landscaping, Inc.. $93.298 Resolution R141-91 - Accept PetItion/Order FeasibIlity/Street LIghtlng/Northglen Remove stop signs/Old Constance and UnIversIty ResolutIon R142-91 - Accept PetitIon/Order FeasibilIty/Street Lighting/Lund's Evergreen Estates 2nd-4th Additions) Motion carrIed on a 4-¥es. l-Absent (Smith) vote. The Council also directed Staff to look at the policy of the City paying for the street lights at IntersectIons with county roads once the adjoIning neighborhood has lights. They asked that It be researched as to the costs to the City and how much It would add to put those expenses on the resIdentIal billIngs. ..--0 Regular CIty CouncIl Meeting Minutes - September 3. 1991 Page 8 AMEND WATER ORDINANCE MOTION by Jacobson. Seconded by Perry. Ordinance 55I. amendIng OrdInance No. 55. known as the MunIcipal Water System OrdInance. Section 30 - Action to Collect Charges. to read: "In the event a user falls to pay his water user fee within a reasonable period of time (90 days) . the servIce may be discontinued and saId fee shall be certified by the City Clerk...· Motion carried on a 4-Yes. l-Absent (Smith) vote. SCHEDULE JOINT MEETING WITH PARK COMMISSION Mayor Orttel asked for a motion to set a Joint meeting with the Park and Recreation Commission on October 3. 1991. 7:30 p.m. MOTION by Jacobson. Seconded by McKelvey. to so move. MotI on carried on a 4-Yes, l-Absent (Smith) vote. CHANGE ORDER/TIMBER TRAILS Mr. Haas explained the 250 yards Is needed to make the site balance. It wi 1 I come from other areas withIn the park. Counc II expressed concern that the contract for the entire park Is $8.000, yet the estimate to move 250 yards of dirt on site Is not to exceed $3.000. MOTION by Jacobson. Seconded by Perry. to authorize up to $1.500 for change order In TImber TraIls Park for extra gradIng to level the field to make up for dirt which was not anticipated to be moved. Motion carried on a 4-Yes. l-Absent (Smith) vote. It was noted the money Is coming out of the Park DedicatIon fund. MAYOR AND COUNCIL INPUT WDE Site - Mayor Ortte] stated the City has heard from the Federal Government regarding the WDE site. Apparently there has been an order to begin work but the City has not been made a responsible party to the Agreement. Dumping next to SuperAmerIca StatIon - Councilmember Jacobson noted there has been dumping of cement, blacktop. etc.. on the empty lot next to the SuperAmerlca StatIon on Bunker Lake Boulevard. Staff stated they will check Into the matter. Police Calls - Mayor Orttel noted the most frequent calls made by the Deputies In Andover are for false alarms. animal control and domestic assaults. In a brief discussion. It was felt that having the Deputies respond to anImal complaints is a waste of money. expressing hope that a solution can be found regardIng animal control. ,~- , - Regular CIty CouncIl MeetIng MInutes - September 3. 1991 Page 9 APPROVAL OF CLAIMS MOTION by Perry. Seconded by McKelvey. the Schedule of BIlls for 9-3-91 In the amount of $442.509.15. MotIon ca~rIed on a 4-Yes. l-Absent (SmIth) vote. MOTION by Jacobson to adjourn. Mayor Orttel dec]ared the meetIng adjourned at 9:13 p.m. Respectfully submItted. \\l,~c:~l Ma ella A. Peach Recording Secretary .~- .. -