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HomeMy WebLinkAboutCC September 15, 1992 CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 15, 1992 Call to Order - 8:01 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items l. Amended Special Use Permit/Northern Natural Gas 2. Variance/So Nelson/13316 Gladiola street N.W. 3. Timber Meadows Sketch Plan 4 . Echo Ridge Sketch plan 5. Amend Ordinance 8, Section 6.02 Staff, Committees, Commissions 6. Approve Bids/Make-up Air System/senior Citizen Center 7. DNR Shore land Grant Application 8. Temporary Mobile Home Permit/R. Vickstrom 9. 10. Property Taxpayers' Trust Fund Resolution Non-Discussion Items 11. Declare Cost/Order Assessment Roll/Grace Lutheran/92-7 12. Declare Cost/Order Assessment Roll/92-9/176th Lane N.W. 13. Approve plans & Specs/92-18jWatt's Garden Acres/Jay St. 14. Award Bidj92-13jWell #4 15. Accept PetitionjWoodland Creek 3rd Addition 16. 17. Approve Cedar Hills Estates 1st & 2nd streets 18. Designate Xeon St., 149th Ave., & Ji varo St. Minimum Maintenance Streets 19. Approve Carryover of Park Grant Funds 20. Adopt Proclamation/Local Cable programming Week 21. Refund Escrow/88-6/Kensington Estates 3rd Mayor/Council Input Approval of Claims Adjournment -- ----- REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 15, 1992 TABLE OF CONTENTS AGENDA . . . . . . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · 1 AMENDED SPECIAL USE PERMIT/NORTHERN NATURAL GAS Resolution R170-92 approving permit. · · · · · · · · · · · · I VARIANCE/S. NELSON/13316 GLADIOLA STREET NW Resolution R171-92 approving variance · · · · · · · · · · · · 2 TIMBER MEADOWS SKETCH PLAN . · · · · · · · · · · · · · · · · · · 2 ECHO RIDGE SKETCH PLAN . · · · · · · · · · · · · · · · · · · · · 4 AMEND ORDINANCE 8, SECTION 6.02 · · · · · · · · · · · · · · · · 4 Motion to amend sideyard setback to allow for decks · · · · · 5 REQUEST TO CONSTRUCT BUILDING/BEST AUTO · · · · · · · · · · · · 5 Motion to allow construction of canopy · · · · · · · · · · · 7 NON-DISCUSSION ITEMS DNR Shore land Grant Application (Staff to report costs) · · · 7 Temporary Mobile Home Permit/R. Vickstrom, 14532 7th Avenue . 7 Resolution R172-92 to declare costs/order assessment/Grace Lutheran/IP92-7 · · · · · · · · · · · · · · · · · · · · · 7 Resolution R173-92 to declare cost/order assessment/176th Lane/IP92-9 · · · · · · · · · · · · · · · · · · · · · · · 7 Resolution R174-92 to accept petition/Woodland Creek 3rd · · 7 Resolution R17s-92 to approve Cedar Hills 1 & 2 Streets · · · 7 Approve carryover of Park grant funds · · · · · · · · · · · · 7 Adopt Proclamation/Local Cable Programming Week . · · · · · · 7 Refund Escrow/IP88-6/Kensington Estates 3rd . · · · · · · · · 7 Motion to table Item 13, Plans & Specs/IP92-18/Jay Street · · 7 APPROVE BIDS/MAKE-UP AIR SYSTEM/SENIOR CITIZEN CENTER Motion to award to SYSCO, Minnesota for $14,825 · · · · · · · 8 PROPERTY TAXPAYERS' TRUST FUND Resolution R176-92 to support constitutional amendment · · · 8 AWARD BID/IP92-13/WELL #4 Resolution R177-92 to award contract to E.H. Renner. · · · · 8 DESIGNATE MINIMUM MAINTENANCE STREETS Resolution R178-92 for Xeon Street · · · · · · · · · · · · · 8 Resolution R179-92 for 149th Avenue · · · · · · · · · · · · · 8 Resolution R180-92 for Jivaro Street · · · · · · · · · · · · 8 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 9 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · 9 CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 15, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Orttel on September 15, 1992, 8:01 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 City Planner, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, James Schrantz Others AGENDA APPROVAL Add Item Sa, Request to Construct Building/Best Auto. MOTION by Smith, Seconded by Perry, to approve the Agenda as amended. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. APPROVAL OF MINUTES August 24, 1992, Special Meeting - Correct as written. August 25, 1992, Special Meeting - Correct as written. September 1, 1992, Regular Meeting - Correct as written. MOTION by Perry, Seconded by McKelvey, approval of all three sets of Minutes as presented. Motion carried on 4-Yes, I-Absent (Jacobson) (Smith absent for August 25 and September 1 meetings) vote. AM'?NDED SPECIAL USE PERMIT/NORTHERN NATURAL GAS MOTION by Perry, Seconded by MCKelvey, a Resolution granting the Amended Special Use Permit request of the Northern Natural Gas Company to allow for the construction of a 12' X 16' building to house gas monitoring equipment to be located at 14361 Seventh Avenue NW as presented. (See Resolution R170-92) Motion carried on a 4-Yes, 1- Absent (Jacobson) vote. . . - --- ,_., Regular Andover City Council Meeting Minutes - September 15, 1992 Page 2 VARIANCE/S. NELSON/13316 GLADIOLA STREET NW Mr. Carlberg reviewed the request of Steve and Sue Nelson to allow for the continued placement of a deck and pool encroaching into the required 75-foot setback from the ordinary high water mark. The pool and deck have been constructed 50 feet from the ordinary high water mark because of a mistake in determining the location of the ordinary high water mark. The DNR has been contacted and has been out to the site. Tom Hovey, Area Hydrologist with the DNR, has stated they have no problem with the variance, though they have suggested some shrubs and trees be planted. The Planning Commission did not feel the City should make that recommendation, though he understands the property owners plan to put in some type of plantings along the deck. MOTION by McKelvey, Seconded by Smith, a Resolution granting the variance request of Steve and Susan Nelson to allow for the continued placement of a deck and swimming pool encroaching 25 feet into the required 7s-foot setback from the ordinary high water mark level on the property at 13316 Gladiola Street NW. (See Resolution R171-92) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. TIMBER MEADOWS SKETCH PLAN Mr. Carlberg reviewed the proposed sketch plan of Timber Meadows which consists of 25 lots at a minimum size of 2.5 acres. The Andover Review Committee is recommending that both 167th and 168th Lanes run east-west from Tulip Street to Round Lake Boulevard to eliminate the variance on the Orchid Street cul-de-sac. The Planning Commission recommended that at least one of the streets extend between Tulip Street and Round Lake Boulevard, preferably 167th Lane. The Park and Recreation Commission has recommended cash be accepted in lieu of land for park dedication. Several resident from prairie Meadows directly north of this development expressed concern about the traffic. On 169th, an east- west through street, there is a lot of traffic traveling at high speeds even though the stop sign has been put in and the speed limit reduced to 35 mph. They argued if a through street is not put in the Timber Meadows plat, the traffic on 169th would be increased even more, creating a safety problem for the young children in their neighborhood. They thought it would help the situation on 169th if 168th in this proposed plat were made a through street. Brvan Westlund, Woodland Development - stated following the Planning Commission meeting, they looked at the proposal again; and it looks like they could get 168th Lane to go through. The street would have to dip down to get the proper lot depths. But the reason they proposed the cul-de-sac was a safety factor. He reported their observation of traffic on 173rd for 1.5 hours one day where they saw a Regular Andover City Council Meeting Minutes - September 15, 1992 Page 3 (Timber Meadows Sketch Plan, Continued) lot of traffic at high speeds. He also noted the problem the residents have had on prairie Meadows along 169th, including people not stopping at the stop sign at Quay. For those reasons, they chose to avoid an east-west street between Tulip and Round Lake Boulevard in this plat. They also designed the roads along existing farm trails to reduce the number of trees that need to be removed. Mr. Westlund stated another consideration is the owner of five acres just southwest of this plat hopes to subdivide some day, and this proposal provides the amount of frontage he would need. A resident asked if the size of homes and covenants for this plat would be similar to that of Prairie Meadows. Mr. Westlund stated they would probably be upgraded. Another resident asked about the drainage easement he has in his back yard to accommodate prairie Meadows. He didn't think it would handle the drainage from this plat as well. Mr. Westlund stated the design engineering has not yet been done. Council noted that everyone within 300 feet of the plat will receive written notification of the public hearing when the technical questions can be addressed. Mr. Westlund also stated they are aware of the new Tree Preservation Policy, and they will comply with it. In the past they have done everything they can to save trees. They moved in the trees that are in Prairie Meadows. The Council discussed the issue of making one or both of the streets in this plat through streets between Tulip and Round Lake Boulevard. It was generally agreed that it is not necessary for both of the streets to go through. The preference seemed to be that 167th Lane be the through street in the plat, as that appears to be the most logical alignment. If it were 167th Lane, the five-acre parcel would still have the required frontage to able to subdivide. Mr. Schrantz noted that 168th is a State Aid street east of Round Lake Boulevard. The Council acknowledged it would be logical to continue that designation; however, the disadvantage would be having two through streets within a block of each other which in turn would cause a lot of traffic congestion on Round Lake Boulevard. The developer and Staff were asked to look at the options and provide at least one through street in the plat. It was also suggested that Staff look into tarring Tulip Street, a designated MSA street, south to the end of this plat; as the intent has been to pave it to meet the developments. Mr. Schrantz thought the pavement should go south past the Kob's Addition. Regular Andover City Council Meeting Minutes - September 15, 1992 Page 4 ECHO RIDGE SKETCH PLAN Mayor Orttel felt he could not make a decision on the proposed plat, located between Jay Street and Hanson Boulevard in the southern portion of the City, until the City has made a determination as to the alignment for Commercial Boulevard. And they have to know the cost of the alternatives before a decision can be made. Last July the City ordered an appraisal for two alignment proposals, but the appraisals have not yet been received. Attorney Hawkins stated if the appraisals are not received this week, he will hire another appraiser; as the project should have been completed by now. Mr. Schrantz stated that Staff has agreed on the alignment for Commercial Boulevard east of Jay Street, though the Council has not yet formally approved it. The Council generally agreed with that alignment; the problem is the alignment west of Jay Street to the existing Commercial Boulevard. Mr. Schrantz stated if the intent would be to place a portion of Commercial Boulevard on the Hurst property west of Jay Street, there will be a problem with the proposed plat on that property. Tonv Emmerich, Developer - stated he does not plan to begin construction until next spring. They are somewhat flexible and have the same concerns as the Council. They are looking for guidelines; and all he really wants to know now is whether the City will acquire the right of way from Mr. Wirkus provided the appraisals are reasonable. At this point the Council suggested the Staff look at all the issues related to Commercial Boulevard east of Jay Street, that is the needed easements from Kottke's Bus Company, from Mr. Wirkus, etc. , and the costs and locations of utilities. The Council also agreed that once all these items are known and if easement will be required from the Wirkus property, Mr. Emmerich would be reimbursed for that easement. AMEND ORDINANCE 8, SECTION 6.02 Mayor Orttel explained the amendment calls for an additional five-foot sideyard setback when the plans for a principal structure accommodate an access for a deck to the side of the house. There was some Council discussion as to whether or not it should be required that the deck be constructed at the time the house is built because it becomes a safety factor. It was pointed out that the situation is different for split level houses versus ground-level decks and that the option of building a deck is a personal one. The issue here is that when patio doors or sliding glass doors are placed on the side of a principle structure, the intent clearly is that some kind of deck will be constructed and the placement of the house should accommodate that deck. Regular Andover City Council Meeting Minutes - September 15, 1992 Page 5 (Amend Ordinance 8, Section 6.02, Continued) Jerrv Windschitl - didn't feel it is a problem if the house is moved over to accommodate the construction of a deck. The problem with the amendment as proposed is it can be interpreted that all of the other setback requirements in section 6.02 are being eliminated. In the past, when the Council has made changes to the table, the entire table was presented with the proposed change. Attorney Hawkins advised that either the entire table should be presented or add a statement that all of the remaining categories in Section 6.062 shall remain unchanged. MOTION by Smith, Seconded by McKelvey, introducing an Ordinance Amendment (Ordinance No. 8YYY) amending Ordinance No. 8, known as the Zoning Ordinance of the City of Andover, Ordinance No. 8, Section 6.02 is hereby amended as follows: An additional five feet shall be added when the plans for the principal structure accommodate an access for a deck; and all remaining minimum requirements in this section shall stay the same. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. REQUEST TO CONSTRUCT BUILDING/BEST AUTO Mayor Orttel explained the request by Best Auto Parts to construct a 20' x 50' steel framed canopy to the building to store the dumpsters for fluids removed from vehicles on the premises. The business is a non-conforming use. The request has not been discussed by the Planning and Zoning Commission. Mr. Carlberg also noted that the Planning Commission met with auto salvage owners about allowing them to construct commercial buildings in which to conduct their businesses, and the yards in turn would reduce the number of acres of storage. Harrv Haluptzok - stated one solution for the City in dealing with the auto recycling/junk yards is to buyout the yards. He has not been able to contact the owner of Andover Auto Parts, but he estimated the cost of the business itself would be about $250,000. In turn, the City could sell the land for industrial uses. He understands the City may not have the funds to buyout all of their yards. The other option is to work with the salvage yards to clean them up, make them environmentally safe, and reduce the sizes of the yards. The problem they as salvage yards are having is that they are considered non- conforming uses, so they are not allowed to improve their businesses. Mr. Haluptzok stated after the meeting with the Planning Commission last week, all of the salvage yard owners met and agreed upon several items. They are all willing to make a lot of changes cosmetically, noting a map before the Council indicating the acreage that would be eliminated as storage which would be given up for the development of industrial lots, buffers from residential areas, plus other items if - - - Regular Andover City Council Meeting Minutes - September 15, 1992 Page 6 (Request to Construct Building/Best Auto, Continued) the yards were allowed to construct commercial buildings in which to conduct their businesses. They are willing to give up a certain amount of property if the City will allow them building permits to move their operations into more confined areas. Councilmember Perry stated that with the history of difficulty in working with the salvage yard owners regarding licensing and compliance with the ordinance, she was not yet willing to designate them as conforming uses. Mr. Haluptzok felt she is right. But at this point, he felt the City needs to decide either to buy them all out or to work with them to help them become more attractive and acceptable to the community. He related his experiences with the City of Blaine, indicating he has not had a problem with that city in getting building permits, etc. with the EPA saying they will be mandating certain regulations in the near future, the salvage yards are willing to make the necessary changes. The City's protection and control could be with the issuance of a Special Use Permit. As a non-conforming use, when a building is destroyed by fire or natural disaster, the ordinance does not allow them to rebuild. That is not fair if they are giving up land, constructing buildings, and moving their operations into more concise areas. Mr. Haluptzok stated as a group, they are all willing to make those changes; and he would be willing to work with the City Staff to eliminate the non-conforming use. Councilmember Smith agreed with Mr. Haluptzok's suggestion to improve the area. Councilmember Perry echoed the wishes for cooperation between the City and the salvage yards; but she still had concerns about eliminating the non-conforming designation just yet. Mr. Haluptzok stated he will work with the group to go through the approval process and make all the suitable changes. He knows that several yards will be applying for building permits, as the dismantling on a hard surface will be required of their industry shortly. They will work with Staff on a layout of construction for that area; and in the future, he'd like to come back again to resolve the problem of non-conforming use. Mayor Orttel suggested that the item be referred to the Economic Development Committee as well. with the change in attitude toward recycling and the rarity of new auto salvage licenses close to the Twin Cities area, the thought may be changing to the yards continuing to exist and being a part of the City and a part of the industrial park. In discussing the request for a canopy to the existing building at Best Auto, Attorney Hawkins advised it does not increase the use of the property but is making improvements to it, which is allowed under Regular Andover City Council Meeting Minutes - September IS, 1992 Page 7 (Request to Construct Building/Best Auto, Continued) the ordinance. Mr. Haluptzok explained he needs the concrete floor and canopy as soon as possible. The area will store dumpsters so the fluids do not run into the ground. It will not be visible from the street. Council agreed that this is an environmental issue which does not expand the use. Mayor Orttel suggested the Staff consider looking at a standard for the concrete slabs. MOTION by Perry, Seconded by Smith, that the City Council approve the request of Best Auto Parts for a building permit to construct a 20' x 50' steel framed canopy to the building which would be used for environmental dumpster storage for the fluids removed from vehicles on the premises; and that this be based on the understanding that this is not an actual expansion but a necessary part of the business to protect the ground from the contaminates that would otherwise be spilled. The materials used for both the canopy and any supports be approved by the Building Department as part of the building permit so they are compatible with the existing structure. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. Mr. Carlberg suggested a special meeting be set to meet with the auto salvage owners. Council agreed. NON-DISCUSSION ITEMS MOTION by Perry, Seconded by Smith, approval of Items: 7 . DNR Shoreland Grant Application (Council suggested the Staff come back with a proposal of estimated cost and monies available.) 8. Temporary Mobile Home Permit/R. Vickstrom (14532 Seventh Avenue) 11. Declare Cost/Order Assessment Roll/Grace Lutheran/IP92-7 (See Resolution R172-92) 12. Declare Cost/Order Assessment Roll/176th Lane NW/IP92-9 (See Resolution R173-92) 15. Accept Petition/Woodland Creek 3rd Addition (See Resolution R174-92) 17. Approve Cedar Hills Estates 1st and 2nd Streets (See Resolution R175-92) 19. Approve carryover of Park Grant Funds 20. Adopt Proclamation/Local Cable programming Week 21. Refund Escrow/IP88-6/Kensington Estates 3rd Motion carried on a 4-Yes, I-Absent (Jacobson) vote. MOTION by Smith, Seconded by Perry, to table Item 13 until the next Council meeting. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - September 15, 1992 Page 8 APPROVE BIDS/MAKE-UP AIR SYSTEM/SENIOR CITIZEN CENTER MOTION by Smith, Seconded by MCKelvey, that we award the bid for the make-up air system for the Andover Senior Center to SYSCO, Minnesota for the cost of $14,825. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. PROPERTY TAXPAYERS' TRUST FUND RESOLUTION MOTION by Smith, Seconded by Perry, the Resolution concerning a constitutional amendment to create a new Property Taxpayers' Trust Fund in Minnesota, to support a constitutional amendment dedicating two cents of each 6.5 cents collected by the State sales tax to the new property Taxpayers' Trust Fund. (See Resolution R176-92) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. AWARD BID/IP92-13/WELL 14 MOTION by McKelvey, Seconded by Perry, the Resolution accepting bids and awarding contract for the improvement of Project No. 92-13 for Water System - Well *4, award the bid to E. H. Renner and Sons, Inc., Elk River, for $57,850. (See Resolution R177-92) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. DESIGNATE XEON STREET, 149TH AVENUE, AND JIVARO STREET MINIMUM MAINTENANCE STREETS Attorney Hawkins explained the reclassification means roads will still be maintained, graded and plowed; however, they will have a lower priority. This eliminates the City's liability if someone is injured on the road resulting from lack of maintenance. MOTION by Perry, Seconded by Smith, the Resolutions as presented under Item 18 to redesignate the following roads as minimum maintenance roads: Xeon Street NW from CSAH *16 to 149th Lane NW; 149th Avenue NW from CSAH *9 to Dahlia Street NW; and Jivaro Street NW from 165th Avenue NW to 168th Lane NW; and I would further suggest that the property owners be so advised by City Staff with an explanation of what that is going to involve. (See Resolutions R178-92 for Xeon Street; R179-92 for 149th Avenue; and R180-92 for Jivaro Street) Motion carried on a 4-Yes, I-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - September 15, 1992 Page 9 APPROVAL OF CLAIMS MOTION by Perry, Seconded by Smith, approve the Amended Schedule of Bills dated 9-15-92 in the amount of $958,431.67. Motion carried on a 4-Yes, I-Absent (Jacobson) vote. MOTION by Smith, Seconded by McKelvey to adjourn. Mayor Orttel declared the meeting adjourned at 9:54 p.m. Respectfully submitted, ~;;~~':ea~L Recording Secretary 1