HomeMy WebLinkAboutCC December 1, 1992
CA. CITY of ANDOVER
Regular City Council Meeting - December 1, 1992
Call to Order - 7:30 P.M.
Resident Forum
. Agenda Approval
Approval of Minutes
Discussion Items
1. License Renewals/Junkyards
2. License Renewals/Off-sale Intoxicating Liquor
3. comprehensive Plan/Metropolitan Council
staff, Committee, Commissions
4. Approve Deductible/Siren Repair
5. Approve Lighting/Recycling Building
Closed Meeting w/Attorney
Non-Discussion Items
6. Accept Petition/Street Lights/Northglen 1st & 3rd
7. Accept Easement/Kangas & Sonsteby
8. Reduce Escrow/Hills of Bunker Lake 1st
9. Receive Appraisal/Commercial Boulevard
10. Order Feasibility Report/Comercial Blvd. between Jay
Street & Hanson B1vd./92-27
11. Order Condemnation/Commercial Blvd/92-27
12. Order Condemnation/University Avenue/92-25
Mayor/Council Input
Approval of Claims
Adjournment
----
REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 1, 1992
TABLE OF CONTENTS
RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 2
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 3
PROCLAMATION FOR HOME CARE WEEK . · · · · · · · · · · · · · · · · · 3
LICENSE RENEWALS/JUNKYARDS · · · · · · · · · · · · · · · · · · · 3
Motion directing Staff/prepare pay-for-service fees · · · · · · 4
Motion for license renewal (Best, Anoka Auto, wilbers) · · · · 4
LICENSE RENEWALS/OFF-SALE INTOXICATING LIQUOR
Motion approving license (JJ's, G-Will Liquors) · · · · · · · · 4
COMPREHENSIVE PLAN/METROPOLITAN COUNCIL
Motion denying extension · · · · · · · · · · · · · · · · · · 4
DEDUCTIBLE/SIREN REPAIR
Motion to approve · · · · · · · · · · · · · · · · · · · · · · · 5
LIGHTING/RECYCLING BUILDING
Motion authorizing $2,520 for poles and lights · · · · · · · · 5
NON-DISCUSSION ITEMS
Resolution R217-92 accepting petition/street lights/
Northglen 1st and 3rd · · · · · · · · · · · · · · · · · · · 5
Accept easement/Kangas and Sonsteby · · · · · · · · · · · · · · 5
Reduce Escrow/Hills of Bunker Lake 1st .......... · · 5
Lund's Towing/Impound Service - refer to Planning Commission · 5
APPRAISAL/COMMERCIAL BOULEVARD · · · · · · · · · · · · · · · · · · 5
Motion to receive · · · · · · · · · · · · · · · · · · · · · · · 6
FEASIBILITY REPORT/COMMERCIAL BOULEVARD
Motion to order feasibility · · · · · · · · · · · · · · · · · · 6
CONDEMNATION/COMMERCIAL BOULEVARD/IP92-27 & UNIVERSITY AVE/IP92-25
Motion to order · · · · · · · · · · · · · · · · · · · · · · · · 6
MAYOR AND COUNCIL INPUT
Eldorado Street Easement/Larson · · · · · · · · · · · · · · · · 6
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 7
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · · 7
· ..
CA. CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - DECEMBER 1, 1992
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Ken Orttel on December 1, 1992, 7:30 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: McKelvey, Perry, Smith
Councilmember absent: Jacobson
Also present: City Attorney, William G. Hawkins
TKDA Engineer, John Davidson
Public Works Supervisor, Frank Stone
City Planner, Dave Carlberg
City Finance Director, Daryl Sulander
City Administrator, James Schrantz
Others
RESIDENT FORUM
Robert Lund, 13929 Ouinn - asked to get a license to operate an impound
lot at Eddie's Auto Body at 1786 Bunker Lake Boulevard. It would
involve the towing and storage of vehicles. Mr. Carlberg explained the
ordinance has no provision for the towing and storing of cars. Mayor
Orttel noted towing is a natural part of the automotive recycling
businesses in that vicinity. Attorney Hawkins agreed the existing
businesses tow vehicles, which is incidental to their business; but
there is nothing in the ordinance that would be close that this could be
considered incidental.
Mr. Lund - stated there is no addition. There is a la-foot fence
shielding it from Bunker Lake Boulevard. No cars will be stored in
front. With the growth of Andover, there is a need for this service.
North Star Towing now has a virtual monopoly on this use. He stated he
has been towing for a year, not realizing there was a problem with it;
so he has established himself in the area. He has bid for Coon Rapids,
but cannot take the contract without a place to store the vehicles. Mr.
Lund stated he has had a lot of compliments from people and has many
letters from residents that have complimented him on his service. He
has towed for the Sheriff's Department, the State patrol, residents,
etc. He estimated a maximum of 25 cars would be impounded at one time,
but there is a fast turn over. Most are there no longer than a week, and
they are sold to North Metro in East Bethel if they are unclaimed after
30 days. He asked for a temporary permit until something is resolved.
Councilmember McKelvey stated he goes by that vicinity many times a day
and never realized the towing business was there. Mayor Orttel agreed
there is a problem with the competitive towing business in this area.
He didn't think a temporary permit could be given, but recommended the
Planning Commission look at allowing this type of use with a Special Use
Permit. No action would be taken against Mr. Lund until the Council
acts on a recommendation from the Planning Commission. Council agreed
to add the item to the Agenda.
Regular Andover City Council Meeting
Minutes - December 1, 1992
page 2
(Resident Forum, Continued)
Charlie Vieman - expressed appreciation on behalf of the residents of
Andover for the job the Council has done in the past year.
Winslow Holasek, 1159 Andover Boulevard - objected to the action of the
Council to designate his road as a low maintenance road. He stated he
was not made aware of the fact the Council was considering it, feeling
he should have been notified for input at that time. Council indicated
they were told everyone affected by the action to designate low
maintenance roads were notified.
Mr. Holasek - read the Minnesota Statute relating to low maintenance
roads and felt the use of his road for passengers, commercial, and
deliveries at the rate of up to 50 trips a day does not qualify it as
occasional use by one resident. Mr. Schrantz explained a problem last
year of the largest pieces of snow removing equipment getting stuck for
six hours in this type of driveway, during which time many residents
could have been plowed out. It is expected that during the normal
snowfall, these roads will be plowed as usual; however, in a severe snow
storm, these roads would be plowed out last.
Mr. Holasek - argued it takes less time to plow his road coming straight
from Xeon than to plow the rest of the City, then come back to him. He
doesn't complain about the grading, even though it is done only four or
five times a year and usually within 24 hours the four-wheelers and dirt
bikes come over and tear it up. He felt the City has an obligation to
provide police and fire protection, as well as snow removal.
Conceivably, if the snow removal service is lowered, so could the police
and fire protection service, which he found unacceptable. He doesn't
want any special treatment, just when the plow is in the area, that he
get plowed out at the same time. He stated there is aT-turnaround
there now, but he'd be willing to make a complete loop if that is what
the City wants. He also explained that a portion of the road sank about
one foot when it was flooded during the dewatering for a sewer project.
He suggested the City look at restoring it. Mr. Stone explained the
grading will remain the same, and so will the snow plowing during a
normal snow fall.
Several Councilmembers had a problem with the residents not being
informed of the proposal to designate the low maintenance roads.
Council agreed to notify the residents and look at the issue again.
AGENDA APPROVAL
Add "Proclamation for Home Care Week" after Approval of Minutes, and
Item 13, Lund's Towing/Impound Service - Refer to Planning Commission.
MOTION by Smith, Seconded by McKelvey, to approve the Agenda as amended.
Motion carried on a 4-Yes, 1-Absent (Jacobson) vote.
Regular Andover City Council Meeting
Minutes - December 1, 1992
Page 3
APPROVAL OF MINUTES
November 17, 1992 : Correct as written.
MOTION by Perry, Seconded by McKelvey, approval of the Minutes as
presented. Motion carried on a 4-Yes, I-Absent (Jacobson) vote.
PROCLAMATION FOR HOME CARE WEEK
Mayor Orttel read the Proclamation, proclaiming November 29 through
December 5, 1992, as Home Care Week.
Bob Loftus - addressed the Council on the positive impact home health
care is having in the State. His operation is celebrating its 15th
anniversary in home care. He stated home health care is cheaper and
more effective and applauded the many people working in that field to
care for the ill and elderly.
LICENSE RENEWALS/JUNKYARDS
Mr. Carlberg updated the Council on his findings of his most recent
inspections of the junkyards. Staff is recommending approval of the
junkyard licenses for three yards at this time -- Best Auto Parts, Anoka
Auto Wrecking, and wilber Auto Parts. The Task Force discussed changing
the licensing period from July 1 to June 30, which gives them more time
to comply with some of the regulations because of the weather problems.
The Auto Recycling Association has also proposed an amendment to
Ordinance 44 regarding fees that they would like the Council to
consider.
Harrv Haluptzok, Best Auto Parts - presented a copy of Section 6 of
Ordinance 44 which proposes a change in the licensing period from July
1 to June 30 as many other cities do. It is better in terms of
correcting problems because of the weather and will also allow the
recyclers in Andover to comply with the landscaping plans they are
proposing. The other proposal in the ordinance relates to the annual
fee. The current fee is the highest in Minnesota. The proposal is to
reduce the fee to $200 which includes one annual inspection. In the
event additional inspections are needed to assure compliance, the yard
will be charged a surcharge of $150 for the first inspection, another
$200 for the second reinspection, and $250 for each of the third or more
reinspections. This way those businesses who are in compliance are not
penalized by operations who are not functioning in a business-like
manner. The Association has also written a five-year plan for upgrading
their businesses which their attorney is rewriting in an ordinance
format. They will present that at the next Task Force meeting.
After some discussion, Mayor Orttel asked for a motion to refer the
proposal from Mr. Haluptzok to Staff to prepare a pay-for-service fee
arrangement for licenses as opposed to a flat fee, and bring it back to
the Council to review.
Regular Andover City Council Meeting
Minutes - December 1, 1992
Page 4
(License Renewals/Junkyards, Continued)
MOTION by McKelvey, Seconded by Smith, to so move. Motion carried on a
4-Yes, 1-Absent (Jacobson) vote.
MOTION by Smith, Seconded by McKelvey, the renewal of licenses for the
following Auto Recyclers: Best Auto Parts, Anoka Auto Parts, Wilber
Auto Parts, under the present guidelines. DISCUSSION:
John Sandeen, Sandeen Brothers, representinq Rite Awav Auto Parts - made
application as Sandeen Brothers. He read the ordinance requirement on
fencing. He is replacing the existing metal fence with treated wood,
even though he felt the current fence meets the City's guidelines. He
didn't want to have to pay another $750 to make another application.
His bonds, insurance, and application are in, claiming he meets all the
requirements to be issued a license and expecting to get one this
evening. He also stated he was not notified by Staff as to any concerns.
Mr. Carlberg stated there is no vegetative planting or screen.
Mr. Sandeen - stated there never was any screening. If that is the
case, then according to the ordinance, a license should not be issued to
Wilber's either since they do not have vegetation in front of their
fence which is visible from Bunker Lake Boulevard. He wanted the same
consideration as anyone else. He also explained that there are three
parcels of land. Mr. Batson is the owner of the property and will be
doing the business with him as Sandeen Brothers.
After further discussion with Mr. Sandeen, the Council suggested he meet
with the Task Force and work with City Staff regarding his concerns, as
the issue cannot be resolved this evening. Motion carried on a 4-Yes,
I-Absent (Jacobson) vote.
LICENSE RENEWALS/OFF-SALE INTOXICATING LIQUOR
MOTION by Smith, Seconded by McKelvey, the renewal of licenses for 1993
for Off-Sale Intoxicating Liquor Licenses to JJ's Liquors and G-Will
Liquors. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote.
COMPREHENSIVE PLAN/METROPOLITAN COUNCIL
Mr. Carlberg updated the Council on the current status of the Andover
Comprehensive Plan as outlined in the Agenda material. The Metropolitan
Council Staff is asking for a 30-day extension to allow time for a
corridor study on Highway 10. Council discussion noted the City has no
authority over Highway 10, that it has been a year since the Plan was
first submitted, and that the Metropolitan Council Staff has already had
a 100-day review period. The consensus was that an additional extension
should not be granted at this time.
MOTION by Smith, Seconded by McKelvey. to so move. Motion carried on a
4-Yes, 1-Absent (Jacobson) vote.
Regular Andover City Council Meeting
Minutes - December I, 1992
Page 5
APPROVE DEDUCTIBLE/SIREN REPAIR
MOTION by Smith, Seconded by McKelvey, the approval and transfer of
$1,000 from Building Department Funds to the Civil Defense Funds for the
insurance deductible for two sirens. Motion carried on a 4-Yes, 1-
Absent (Jacobson) vote.
APPROVE LIGHTING/RECYCLING BUILDING
Mr. Stone requested authorization to install electricity and lighting
around the Recycling Center for security and to allow for 24-hour
service. Only a temporary service will be brought in at this time, and
it will be looked at again when the new pumphouse is constructed. The
funds will come from the Recycling Budget. The total dollar amount will
be $2,520 for the wiring and two poles and lights. This will not impact
any of the educational funding on recycling.
MOTION by Perry, Seconded by McKelvey, that authorization be given for
$2,520 to come from the Recycling Funds for the installation of poles
and lights at the Recycling Center. Motion carried on a 4-Yes, I-Absent
(Jacobson) vote.
NON-DISCUSSION ITEMS
MOTION by Smith, Seconded by Perry, a block motion of Non-Discussion
Items Numbered:
6. Accept Petition/Street Lights/Northglen 1st and 3rd
(See Resolution R217-92)
7. Accept Easement/Kangas and Sonsteby
8. Reduce Escrow/Hills of Bunker Lake 1st
13. Lund's Towing/Impound Service - Refer to Planning Commission
Motion carried on a 4-Yes, 1-Absent (Jacobson) vote.
The Council recessed to hold a Closed Session with the City Attorney
regarding the Hank weidema Excavating, Inc. , issue. 9:01; reconvened
at 9:17 p.m.
RECEIVE APPRAISAL/COMMERCIAL BOULEVARD
Councilmember McKelvey stated the portion of the proposed commercial
Boulevard from Roger's Auto Body was left out of the appraisal. There
is a metal pole building in the proposed right of way which would need
to be moved. Council agreed an appraisal needs to be done to determine
those costs. Attorney Hawkins stated he has already contacted the
appraiser regarding that issue.
Regular Andover City Council Meeting
Minutes - December 1, 1992
Page 6
(Receive Appraisal/Commercial Boulevard, Continued)
Council agreed that with the favorable appraisal and with the Tax
Increment Financing funds available, that the City should proceed with
obtaining the right of way for Commercial Boulevard and have a
feasibility study prepared. They also agreed with Alternate 1, the
southern alignment along the property lines of the residential areas
which is recommended by Staff.
MOTION by Perry, Seconded by McKelvey, that we receive the appraisals on
the properties known as Andover Auto Parts, Kottkes' Bus Service,
Andover Wheel and Frame, and the Wirkus property. Motion carried on a
4-Yes, I-Absent (Jacobson) vote.
ORDER FEASIBILITY REPORT/COMMERCIAL BOULEVARD
MOTION by Smith, Seconded by Perry, introducing the Resolution ordering
preparation of a feasibility report for the improvement of sanitary
sewer, streets, watermain and storm drainage, Project No. 92-27, in the
area between 134th Avenue NW, 136th Avenue NW and Jay Street NW and
Hanson Boulevard. «See Resolution R218-92) Motion carried on a 4-Yes,
1-Absent (Jacobson) vote.
ORDER CONDEMNATION/COMMERCIAL BOULEVARD/IP92-27 & UNIVERSITY AVENUE/
IP92-25
Mr. Hawkins stated no legal descriptions have been prepared, and he will
negotiate with the property owners prior to initiating any condemnation
proceedings. Council agreed the easement for Commercial Boulevard
should be obtained from Hanson Boulevard east through Andover Auto
Parts.
MOTION by McKelvey, Seconded by Smith, to order the condemnation for
right of way for Commercial Boulevard from Hanson Boulevard to Andover
Auto Parts, and also the condemnation for University Avenue Project
IP92-25. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote.
MAYOR AND COUNCIL INPUT
Councilmember Perry reported Staff has been unable to find any
verification that the City accept Eldorado Street. Mr. Carlberg stated
he has talked to Mr. Larson about the issues relating to the desire to
construct a home on a parcel which does not front on a City street. Mr.
Larson claims the road was given to the City in 1972. Council stated
if the easement had been given to the City, there should be a deed.
Before a building permit could be issued, a road must be constructed to
City standards. The next step is for the Larsons to talk with City
Staff .
Regular Andover City Council Meeting
Minutes - December 1, 1992
Page 7
APPROVAL OF CLAIMS
MOTION by Perry, Seconded by McKelvey, approval of the Schedule of Bills
of 11-25-92 in the amount of $92,734.77. Motion carried on a 4-Yes, 1-
Absent (Jacobson) vote.
MOTION by McKelvey to adjourn. Mayor Orttel declared the meeting
adjourned at 9:40 p.m.
Respectfully submitted, l
~~~~
Ma ella A. Peach
Recording Secretary