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HomeMy WebLinkAboutCC September 1, 1992 CA. CITY of ANDOVER Regular city Council Meeting - September 1, 1992 Call To Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Amended Special Use Permit/Dover Kennels 2. Variance/G&R Elevator/Parking Requirements 3 . Area Identification Sign/Emmerich 4. Eldorado Street Right-of-Way Acquisition 5. Pheasant Glen Assessment Discussion Staff, Committee, Commissions 6. Lund Settlement Agreement 7. Approve Hidden Creek East Park Concept plan 8. Award Quotes/park Trailer 9. Approve Change/1992 Capital Equipment 10. Approve Ad for Bids/Makeup Air System/Senior Center 11. Sidewalk @ City Garage 12. Schedule Public Hearing/Budget Non-Discussion Items 13. Request Speed Study/168th Lane E. of Round Lake Blvd. 14. Receive petition/92-19/Weybridge 3rd 15. Approve Resolution/zoning of South Andover Site 16. Minor Amendment to Comprehensive p1an/Weybridge 3rd 17. Adopt 1993 proposed property Tax Levy Mayor/Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 1, 1992 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1 AMENDED SPECIAL USE PERMIT/DOVER KENNELS Resolution R161-92 approving amended permit · · · · · · · · · 2 VARIANCE/G&R ELEVATOR/PARKING REQUIREMENTS Resolution R162-92 granting the variance · · · · · · · · · · · 2 AREA IDENTIFICATION SIGN/EMMERICH · · · · · · · · · · · · · · 2 Resolution R163-92 approving permit · · · · · · · · · · · · · · 3 ELDORA DO STREET RIGHT-OF-WAY ACQUISITION Motion to decline purchase · · · · · · · · · · · · · · · · · · 3 PHEASANT GLEN ASSESSMENT DISCUSSION · · · · · · · · · · · · · · · 3 Motion to accept proposal from Hokanson Development . · · · · · 4 LOT ISSUE/EMMERICH/SOUTH COON CREEK DRIVE · · · · · · · · · · · 4 Resolution R164-92 rescinding R143-87 · · · · · · · · · · · · · 5 Motion to allow building permit. 2491 South Coon Creek Drive. · 5 ANDOVER ATHLETIC ASSOCIATION LETTER · · · · · · · · · · · · · · · 5 Motion to agree conceptually to the request · · · · · · · · · · 6 LAND SETTLEMENT AGREEMENT Motion to approve Settlement Agreement · · · · · · · · · · · · 6 HIDDEN CREEK EAST PARK CONCEPT PLAN Motion to approve · · · · · · · · · · · · · · · · · · · · · · · 7 NON-DISCUSSION ITEMS Request Speed Study/168th Lane · · · · · · · · · · · · · · · · 7 Resolution R166-92 zoning of South Andover site · · · · · · · · 7 AWARD QUOTES/PARK TRAILER Motion to award purchase of tandem trailer/Tailwind Trailers. · 7 CHANGE/1992 CAPITAL EQUIPMENT Motion to approve change · · · · · · · · · · · · · · · · · · · 7 AD FOR BIDS/MAKE-UP AIR SYSTEM/SENIOR CENTER · · · · · · · · · · · 7 Motion to authorize the ad · · · · · · · · · · · · · · · · · · 6 Regular Andover City Council Meeting - September 1, 1992 Table of Contents Page ii SIDEWALK TO CITY GARAGE Motion to authorize sidewalk install/funds from PIR · · · · · · 8 SCHEDULE PUBLIC HEARING/BUDGET Motion to set hearing on December 10 · · · · · · · · · · · · 8 RECEIVE PETITION/IP92-19/WEYBRIDGE 3RD Resolution R167-92 ordering improvement · · · · · · · · · · · · 9 MINOR AMENDMENT TO COMPREHENSIVE PLAN/WEYBRIDGE 3RD Motion to foward to Met Council · · · · · · · · · · · · · · · · 9 1993 PROPOSED PROPERTY TAX LEVY Resolution R168-92 to adopt tax levy and establish General Fund. 9 SIGNATURES/JOINT COOPERATIVE AGREEMENT Resolution R169-92 to authorize the signatures on the document. 10 CHANGE ORDER/ANDOVER SENIOR CENTER Motion to approve change order to contract · · · · · · · · · · 10 MAYOR AND COUNCIL INPUT Resident concern on 176th project · · · · · · · · · · · · · · · 10 APPROVAL OF CLAIMS . . . . . . . . · · · · · · · · · · · · · · · 10 ADJOURNMENT . . . . . . . . . . . · · · · · · · · · · · · · · · · 10 CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 1, 1992 MINUTES The Regular Bi-MonthlY Meeting of the Andover City Council was called to order by Mayor Ken Orttel on september 1, 1992, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. councilmembers present: Jacobson, McKelvey, Perry Councilmember absent: Smith Also present: City Attorney, William G. Hawkins Building Official, Dave Almgren City Planner, Dave Carlberg City Administrator, James Schrantz Others . RESJ;.QJ::"!.T FORUM kLDQa Kerchner, Pre§_Ldent of Andover Athletic Association. 3630 153rd Avenue NW - asked for the Council to agree to a letter written to the Department of Army, Army Reserve, requesting their help to do some of the work on the proposed sports complex. Council agreed to add the item to the Agenda for further consideration. AGJ:"!.DA APPROVAL Add Item 5a, Lot Issue/Emmerich/South Coon creek Drive; Item 5b, Andover Athletic Association Letter; Item 18, Authorize Signatures/Joint Cooperative Agreement; and Item 19, Change Order/Andover Senior Center. ~OTION by Perry, Seconded by McKelvey, to approve the Agenda as amended. Motion carried on a 4-Yes, 1-Absent (Smith) vote. APPROVAL OF MINUTES August 11, 1992 - Correct as written. August 18, 1992 - Correct as written. MOTION_QY Perry, Seconded by McKelvey, the Minutes of August 11 and August 18 as presented. Motion carried on a 4-Yes, 1-Absent (Smith) vote with Jacobson being absent on the August 18 meeting. Regular Andover City Council Meeting Minutes - September 1. 1992 Page 2 AMENDED SPECIAL USE PERMlILDOVER ~~N~ Mayor orttel asked whether the expansion of this Permit will create a problem with the church which is to be built immediately adjacent to this property. Mr. Carlberg stated the operations are located 20 acres north. If it got to be a problem, the City could impose hours of operation or limit the expansion. MOTlON by Jacobson, Seconded by McKelvey, the Resolution as presented granting the Amended Special Use Permit request of Jeff Bergeron (Dover Kennels) to expand his kennel operation at 16422 Hanson Boulevard NW. (See Resolution R161-92) Motion carried on a 4-Yes, 1- Absent (Smith) vote. VARIANCE/G&R ELEVATOR/PARKING REQUIREMENTS The.Council reviewed the variance request of G & R Elevator to reduce the number of parking spaces required by the Zoning Ordinance from 25 to 17 spaces. The business currently has 8 employees. The Planning and Zoning Commission recommended approval of the request. Attorney Hawkins advised the owners would need to provide a covenant in which an area for the future expansion to the parking lot to meet the minimum requirement will not be built upon. That area can only be landscaped or built upon with the expansion of the parking lot. MOTION by Jacobson. Seconded by Perry. the Resolution granting the variance request subject to that covenant being supplied to the City and then signed. (See Resolution R162-92) Motion carried on a 4-Yes, l-Absent (smith) vote. AREA IDENTIFICATION SIGN/EMMERICH Mr. Carlberg reviewed the background relating to the Special Use Permit request of Tony Emmerich Construction to allow for the continued placement of an area identification sign at the entrance of the Hills of Bunker Lake 4th Addition at 140th Lane. Since the request, the ordinance has been amended. The question is whether it is one sign or two since there are monuments on both sides of the road. The Council felt the intent was that the sign is a single unit to identify the area. The square footage of both signs does not exceed the 32-square-foot requirement of the ordinance. There was some concern about maintenance in the future when the developers are no longer around. suggesting the possibility of establishing an escrow fund. Regular Andover City Council Meeting Minutes - September 1 , 1992 Page 3 (Area Identification Sign/Emmerich, Continued) ~~TIQtl-by Jacobson, Seconded by McKelvey, that the City Council approve the Special Use Permit for a permanent monument for the Hills of Bunker Lake 4th Addition, Lot 1, Block 1 and Lot 1, Block 5, and that said monument sign be declared a single sign under the regulations of the City and it be allowed. The City also require of the developer an amount of money in the amount of $500 as an escrow in order to allow the City to maintain or remove said sign at the end of its lifetime. (See Resolution R163-92) Motion carried on a 4-Yes, 1- Absent (Smith) vote. ~~þ~R~DO STREET RIGHT-OF-WAY ACQUISITION Mayor Orttel reported the indications are the DNR will reject the City's request for the extension of Eldorado Street. The developer has an option with the property owner until September 30, 1992, to acquire the right of way. He also understood that the reason the cost seems so high is because the road would be going through the middle of the only high land which would no longer be buildable. Mr. Schrantz stated the extension has been approved as a State Aid road. Because the Council did not know when the City would receive approval to extend the street, it was agreed that the right of way should not be purchased at this time. MOTtgN by Perry, Seconded by McKelvey, that the City Council direct Staff to write a letter to Mr. David P. Newman, Vice President of Nedegaard Construction, explaining that at this time the City of Andover is not going to purchase the right of way for the south part of Eldorado Street. Motion carried on a 4-Yes, 1-Absent (Smith) vote. PHEASANT GLEN ASSESSMENT DISCUSSION Mayor Orttel explained that Hokanson Development is willing to pay for the entire storm sewer assessment against Pheasant Meadows and Pheasant Glen, even though Pheasant Glen has not been submitted as a preliminary plat. They would require the City reimburse them at the time the assessments are paid on the Pheasant Glen property. Mr. Schrantz stated that with the agreement, the City would like the Hurst's to donate the needed easement for the improvement. ~~e~ur§~~ Street - stated they have not yet received the description of the easement to give to their attorney. Regular Andover City Council Meeting Minutes - September 1 , 1992 Page 4 (Pheasant Glen Assessment Discussion, Continued) Attorney Hawkins stated an addition would be made to the Development Agreement with Hokanson Development to be reimbursed for the assessment on the pheasant Glen property when the City collects the assessment. MQll_9N by Jacobson, seconded by Perry, that the City of Andover accept the proposal explained in the August 27, 1992, letter to the City Council from Hokanson Development, Inc., that offered to pay in full for the storm sewer drainage for not only their development but for the development to the north with the proviso that an agreement be obtained from the property owner to the north for the construction of the storm water drainage facilities; and that it be subject to City legal review. Motion carried on a 4-Yes, 1-Absent (Smith) vote. k9~~?SUE/~MMER1ÇH/SO~TH COON CREEK DRIVE Mr. Carlberg outlined the background of the Don Emmerich lot with 172 feet of frontage on South Coon Creek Drive. The property is zoned R-4 but is not located in the MUSA. He is now requesting a building permit for that lot. When the lot was split in 1987, it appears the intent was the Tony Emmerich portion of the lot was to be combined with the lot to the west, which it was; but the Don Emmerich portion was to remain a builable lot. However, the Resolution approved by the Council did not reflect Don Emmerich's desire to maintain the portion he owned as a separate parcel. Council discussion noted that Don Emmerich was told that the 172-foot lot was buildable. It does meet the 39,OOO-square-foot requirement; however, it is not 2.5 acres nor does it have 300 feet of frontage which are required to build without sanitary sewer and water facilities. Mr. Carlberg noted that the Comprehensive Plan which has yet to be approved by the Metropolitan Council shows this area as being in the MUSA. Tony ~m~e~Lch - stated his brother, Don, sold his property immediately east of the lot in question with the understanding that this lot was buildable. He now has no way of adding to this lot to enlarge it. Attorney Hawkins advised that there appears to have been some destructive reliance on what the City told Don Emmerich at the time of the lot split. He felt there is a legitimate argument for allowing the issuance of a building permit on the parcel in question. Regular Andover City Council Meeting Minutes - September 1 , 1992 Page S (Lot Issue/Emmerich/South Coon Creek Drive, Continued) ~ºIlºN by Jacobson, seconded by McKelvey, to correct the deficiency in the original motion by rescinding Resolution R143-87 and approving a lot split as requested by Anthony Emmerich for property in Section 28- 32-24. (See Resolution R164-92 rescinding R143-87 and Resolution R165-92 approving a lot split) Motion carried on a 4-Yes, 1-Absent (smith) vote. MOIlº~_.by Jacobson, seconded by McKelvey, that the City Council will allow a building permit on the 172-foot parcel on South Coon Creek Drive owned by Don Emmerich, authorize the issuance of the building permit at 2491 South Coon Creek Drive, PIN 28-32-24-14-0006. City Council realizes that this is an R-4 lot which is presently outside of the MUS A line but wishes to grant the building permit based upon representations made to the owner of the property several years ago which led the property owner to believe that it was a buildable lot under the conditions that existed at that time. And subsequent to that, said property owner has sold other property adjacent to it and he has no recourse as to splitting the other property and combining them. There appears to be no other reasonable solution to resolve this problem. Motion carried on a 4-Yes, 1-Absent (Smith) vote. ANPOY~R ATHLETIC ASSOCIATION LETTER Mayor Orttel reviewed the request of the Andover Athletic Association to send a letter to the Department of Army - Army Reserve requesting assistance in the construction of a sports complex. He recognized that this may be a bit premature, but apparently the AAA wishes to get the request in early for greater assurance that assistance will be received next year. Jeff Kieffer. Park and Recreation Commission Chªirperson - stated the Park Board has not been informed of this request. They had talked about meeting with the AAA; however, nothing has been scheduled yet. Council again discussed the best location for a sports complex. The concerns of having a split park facility and of having to cross County Road 18, which is a busy road, would be eliminated if the property south of the road were sold and additional land bought either north or west of the existing park facilities. Council recommended the Park Board investigate the availability of land adjacent to the existing facility. With the assistance being volunteered by the various organizations, the feeling was the project should be seriously pursued at this time. - -.. Regular Andover City Council Meeting Minutes - September 1 , 1992 Page 6 (Andover Athletic Association Letter, Continued) Councilmember McKelvey stated the Andover Parent/Teacher Organization probably would volunteer some assistance if the complex is constructed on the south side of the road. M9JIQ~_by Jacobson, Seconded by McKelvey, that the City Council acknowledge the letter from the Andover Athletic Association dated August 27, 1992, seeking assistance from the Army Reserve to join in and help with the construction and some leveling of some property to build some good playing fields in an area within the City. The City agrees conceptually with the idea of asking for the outside assistance, but requests the Andover Athletic Association to talk with the Andover Park Commission as to the design, location and other planning steps necessary to properly determine the many needs of the City as to the number of facilities and what type of facilities are to be created. By giving conceptual approval, we are not putting the City at any monetary commitment at this time. Motion carried on a 4- Yes, i-Absent (Smith) vote. !".fIND S!;_II1.l:l1!õNT AGRE_l:MENT Attorney Hawking reviewed the settlement agreement in the Wiatrak vs. James Land Construction. Three lots in Land East 5th Addition were considered unbuildable according to City standards. During the proceedings, the issue of buildability was raised. and it was found that people had differing opinions as to what is meant by a "buildable lot. " According to this settlement, the three lots will have 39,000 square feet of soils suitable for a septic system but only 6,000 square feet will be to the building pad standard on which the buildings can be constructed. This standard would only apply to the three lots in this settlement. Council noted the ordinances must be amended to clarify buildability. Mr. Schrantz stated the Staff position is that the 39,000 square feet should be buildable with a house, and that is the standard they will use unless the Council changes it. MOTIº~ by Jacobson, Seconded by McKelvey, that the City Council approve the Settlement Agreement in the documents entitled District Court, Tenth Judicial District, Civil/Property Damage, Court File No. C9-90-4707, with the advise of legal counsel, and the City Council authorize the Staff, Mayor and the Attorney to sign anything that is needed to complete this Settlement Agreement. Motion carried on a 4- Yes, i-Absent (Smith) vote. : Regular Andover City Council Meeting Minutes - September 1, 1992 Page 7 è.PPR.º~_E HIDDE;;N Ç8J;;EK EAST PARK CONCEPT PLAN J.~f(-KieffeJL. Park and Recre~ti~n Commission Chaire~rson - reviewed the proposed park concept plan, but noted the tot lot may be moved closer to the parking lot to facilitate other activities in the future. The residents are in agreement with the installation of a 10- stall parking lot on the north end of the park. tloTLQN by Perry, Seconded by McKelvey, that the Andover City Council approve the Hidden Creek East park concept plan as presented by the Park Commission, including a la-car parking lot instead of the 16 shown on the map. Motion carried on a 4-Yes, l-Absent (Smith) vote. t!ºN-Q.1.?CU~$J:_º-I'LI T¡;M~ tlº1-~ºN by Jacobson, Seconded by Perry, that the City Council approve Agenda Items 13 and 15: Request Speed StudY/168th Lane East of Round Lake Boulevard Approve Resolution/Zoning of South Andover site (See Resolution R166-92) Motion carried on a 4-Yes, l-Absent (Smith) vote. è.WARQ QUOTES/PARK TRAlhER tlOTIQN by Jacobson, Seconded by McKelvey, approval of Item 8 for the purchase of a 24-foot tandem trailer for Parks to Tailwind Trailers in the amount of $4,236.46 including tax and license. Motion carried on a 4-Yes, l-Absent (Smith) vote. APP~OV~CHA~GE/1992 CAPITAL EQUIPMENT tlOTLQt! by Perry, Seconded by McKelvey, approval of the change of equipment purchases for the 1992 capital equipment as presented. (Hot box removed, toro replacement added) Motion carried on a 4-Yes, 1- Absent (Smith) vote. è.PPROVE-ƺ-FQR BIDS/MAKE-UP AIR SYSTEM/SEN~OR CEN~ER Mr. Carlberg explained because the Senior Center will have a commercial kitchen, a make-up air system will be needed. He estimated it would cost $15,000. Councilmember Jacobson felt that is very Regular Andover City Council Meeting Minutes - September 1 , 1992 Page 8 (Approve Ad for Bids/Make-Up Air System/Senior Center, Continued) costly and was concerned about having to spend the money on such items just because the City has those funds, when there are so many other areas that need money but where those funds cannot be used. He had a problem with that. Mr. Carlberg explained that the federal guidelines are very restrictive as to how the COBG funds can be spent. Mayor Orttel stated it may come to a point where the City will no longer accept that funding. MO~i~~ by McKelvey, Seconded by Perry, to authorize the advertising for bids for a make-up air system for the Andover Senior Center. Motion carried on a 3-Yes, i-Abstain (Jacobson), i-Absent (Smith) vote. Councilmember Jacobson stated he understands we are going through with the improvement, but it galls him to spend money like that when there are other areas to use it on. ~1~~~ALK TO ÇITY GARAGE Mr. Almgren explained the sidewalk was not contemplated because the original placement of the garage was adjacent to the City Hall parking lot. Now a sidewalk is needed from the new garage to the existing sidewalk in front of the City Hall. It would be six feet wide and will also serve the Public works equipment traveling between the Public Works Building and the hockey rinks without having to travel on the county road. He felt the cost should come out of the park funds. Jeff Kieffer, Park Board Chairperson - stated the Commission has not been given this item to review. He didn't think it was proper to have the expense come from the park funds. They asked that the garage be moved, feeling the location by the parking lot was not suitable because of the ballfields. He didn't feel that warrants them having to pay for the cost of moving the location. MOTIQN by Jacobson, Seconded by Perry, to authorize approximately $875 to install a walkway between the new garage and the City Hall, and the funds for that to come from the PIR Fund. Motion carried on a 4-Yes, i-Absent (Smith) vote. ~ÇH~Q~b~ p~ª-~JC HEARING/BUDGET ~~IlON by Perry, seconded by McKelvey, that the dates for the Truth and Taxation public hearings for the City of Andover be set at 7:30 p.m. on Thursday, the 10th of December, with a recommencement, if necessary. at 7:30 p.m., on Tuesday, December 15. Motion carried on a 4-Yes, i-Absent (Smith) vote. Regular Andover City Council Meeting Minutes - September 1, 1992 Page 9 8.EGf:_IVE;__£I;1...ITlQN/IP22-19/1.!!;.YߣUQ§E 3RQ Council noted the request to waive the public hearing and order the improvement for the installation of utilities for Weybridge 3rd Addition. Some concern was raised as to the advisability of submitting any more Minor Amendments to the Comprehensive Plan to the Metropolitan Council. Mr. Carlberg stated he was waiting for a letter from the Metropolitan Council telling him how to make the calculations for the City's rural density. Once that information has been submitted, which he believes will be this week, he has been told the 90-day time period for the approval of the Plan will begin. He suggested if the time period does not begin within a week, that the Minor Amendment for this project then be submitted. MOT~Qt:!. by Jacobson, Seconded by Perry, under Item 14, the Resolution that has been prepared waiving the public hearing and ordering the improvement and directing preparation of plans and specifications for the improvement of Project 92-19 known as Weybridge 3rd Addition as presented: subject to approval by the Metropolitan Council of the Comprehensive plan and/or the Minor plan Amendment affecting this particular parcel of land. (See Resolution R167-92) Motion carr ied on a 4-Yes, 1-Absent (Smith) vote. tlLNO~ AMgNDMENT TO ÇOMPRE;HENSIVE PLAN/WEYBRIDGE 3RD tlOTiQM by McKelvey, Seconded by Jacobson, that a Minor Amendment be prepared and sent in if the clock has not started within one week from the time the City Planner sends in the requested information: reference the developer's letter, Ashford Development Corporation, Inc., dated August 21, 1992, and with the understanding that the developer is responsible for all of the extra costs incurred by the City for putting in for the Minor Comprehensive Plan Amendment. Motion carried on a 4-Yes, 1-Absent (Smith) vote. ~QOPT 1993 PRQPOSEP PROPERTY TAX LEVY tlOTION by Perry, Seconded by McKelvey, a Resolution adopting the City of Andover 1993 proposed property tax levy to be certified to the County Auditor and establishing the budget for the General Fund. ( See Resolution R168-92) Motion carried on a 4-Yes, 1-Absent (Smith) vote. Regular Andover City Council Meeting Minutes - September 1, 1992 Page 10 AUTHORIZE SIGNATURES/JOINT COOPERATIVE AGREEMENT ~J2TION by Perry. Seconded by McKelvey, introducing a Resolution authorizing the Mayor and City clerk to sign the Joint Cooperation Agreement as presented. (See Resolution R169-92) Motion carried on a 3-Yes. 1-Present (Jacobson), 1-Absent (Smith) vote. CHANGE ORDI;B/ANDOVER SENI..OR ,-£1;_i'lTj;:B. ~~T~QN by Jacobson. seconded by Perry. that the City Council make a change order on the contract with SYSCO. The original contract was in the amount of $18,087.50. The change order amounts to a deduct of $4.390.00 in equipment for the make-up air system and an addition of $1.580.00 in changing the sink, making the new contract amount $15,277.50. Motion carried on a 4-Yes, 1-Absent (Smith) vote. !1f.\'y.QR AND çOUr~,-çlj,._Ĺ’PUT Councilmember Perry was contacted by a resident on the 176th paving project expressing concerns over the placement of fill and borrow and topsoil. Staff was asked to check into the matter and to explain to the residents what has happened. ßPPROVA~ OF CLAIM~ MOTION by Jacobson, Seconded by Perry, the Claims in the amount of $60,199.69. Motion carried on a 4-Yes, 1-Absent (Smith) vote. MO~IO~ by Perry, Seconded by McKelvey. to adjourn. Mayor Orttel declared the meeting adjourned at 9:46 p.m. \~b~~.L Marcella A. Peach Recording Secretary