HomeMy WebLinkAboutCC August 17, 1993
.~ CITY of ANDOVER
Regular City Council Meeting - August 17, 1993
Call to Order - 7:30 P.M.
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Special Use Permit/Const. of Accessory Structure, Cont.
2. WDE Mining & Land Reclamation Permit Changes
3 . Special Use Permit/SuperAmerica/Storage Tanks
4 . Special Use Permit/Gunshop & Sporting Goods/1860 Bunker
5. Adopt Resolution/Terminating project 92-6
6 . Assessment Reduction/R. Sonsteby
7. Appeal Ordinance 95/149th & Bluebird
8 . Appeal/Ordinance 95/Amar/1469-140th Lane N.W.
9. Non-Conformities/Junkyard Task Force
10. Ordinance 8, Section 4.21 Amendment
staff, Committees, Commissions
11. Authorize purchase/135xx Hanson Blvd./R. Streich
12. 1993 General, Water & Sewer Fund Budget Amendments
Non-Discussion items
13. Declare Cost/Direct preparation of Assessment Roll/92-15/
Hidden Creek East 5th
14. Adopt Assessment Roll/91-15/Hidden Creek East 5th Addition
15. Approve plans & Specs/93-14jWoodland Pond
16. Award Bid/91-5, Njordmark Dale & 91-16, lS9th Avenue
17. Approve Temporary Work Space permit/92-S
18. Request Speed Study/181st Ave. from Tulip to CR9
19. Approve Final payment/92-8/Andover Blvd. Trunk Storm Sewer
20. Authorize Increased Allocation for Storm Sewer project/
177th & Blackfoot
21. Adopt Resolution/Variances for 3480 Bunker Lake Boulevard
Mayor-Council Input
Approval of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 17, 1993
TABLE OF CONTENTS
RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 2
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2
WDE MINING AND LAND RECLAMATION PERMIT CHANGES · · · · · · · · · 2
Motion to approve additional borrow sites · · · · · · · · · · 3
SPECIAL USE PERMIT/GUNSHOP AND SPORTING GOODS/1860 BUNKER
Resolution R184-93 granting Permit · · · · · · · · · · · · · 3
RESOLUTION/TERMINATING PROJECT IP92-6
Resolution R185-93 terminating project · · · · · · · · · · · 3
ASSESSMENT REDUCTION/R. SONSTEBY · · · · · · · · · · · · · · · · 3
Motion denying request · · · · · · · · · · · · · · · · · · · 4
APPEAL ORDINANCE 95/149TH AND BLUEBIRD (Mailboxes in Blvds) · · · 4
Motion to forward issue to Planning Commission · · · · · · · 5
Motion to table request until October 5, 1993 · · · · · · · · 5
APPEAL ORDINANCE 95/AMAR/1469 140TH LANE NW (Monuments in Blvds) 5
Motion to deny appeal (motion failed) · · · · · · · · · · · · 6
Motion to refer issue to Planning Commission · · · · · · · · 6
Motion to table request · · · · · · · · · · · · · · · · · · · 6
ORDINANCE 8, SECTION 4.21 AMENDMENT
Motion to approve (fencing) · · · · · · · · · · · · · · · · · 7
WARREN WATER PROBLEM · · · · · · · · · · · · · · · · · · · · · · 7
NON-DISCUSSION ITEMS
Resolution R186-93 approving 1993 General, Water and Sewer
Fund Budget Amendments · · · · · · · · · · · · · · · · · 8
Resolution R187-93 declaring costs/directing preparation of
Assessment Roll/IP92-15/Hidden Creek East 5th · · · · · · 8
Resolution R188-93 adopting Assessment Roll/IP92-15 · · · · · 8
Resolution R189-93 approving plans & specs/IP93-14/
Woodland Pond · · · · · · · · · · · · · · · · · · · · · · 8
Resolution R190-93 awarding bid/IP91-5/Njordmark Dale · · · · 8
Approve temporary work space permit/Northern Natural Gas · · 8
Resolution R19l-93 requesting speed study/18lst Avenue · · · 8
Resolution R192-93 approving final payment/IP92-8/Andover
Boulevard Trunk Storm Sewer · · · · · · · · · · · · · · · 8
Resolution R193-93 authorizing increased allocation/Storm
Sewer/177th and Blackfoot · · · · · · · · · · · · · · · · 8
Resolution R194-93 adopting variances/3480 Bunker Lake Blvd · 8
Approve correction to Kob's First Addition plat
PURCHASE/135XX HANSON BOULEVARD/R. STREICH (decision not to
acquire) · · · · · · · · · · · · · · · · · · · · · · · 9
JUNKYARD TASK FORCE RECOMMENDATION · · · · · · · · · · · · · · · 9
PROPOSED 1994 GENERAL FUND BUDGET . · · · · · · · · · · · · · · · 10
MAYOR/COUNCIL INPUT
Weybridge 3rd · · · · · · · · · · · · · · · · · · · · · · · 10
Andover Boulevard Project · · · · · · · · · · · · · · · · · · 10
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 10
ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 10
CA.. CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - AUGUST 17, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on August 17,1993,7:30 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Jacobson, Knight, Perry
Councilmembers absent: Dalien
Also present: City Attorney, William G. Hawkins
Assistant City Engineer, Todd Haas
City Planner, Dave Carlberg
City Finance Director, Daryl Sulander
Others
RESIDENT FORUM
Rav Warren, 15744 Niqhtenqale - was before the Council several meetings
ago on the drainage ditch dug next to his property. The letter addressed
to Todd Haas in which Mr. Cook reviewed the negotiations said he was
difficult to negotiate with and that is why the ditch was placed
elsewhere. Mr. Warren didn't feel he was being difficult and noted that
Mayor McKelvey was at nearly every meeting he had with Mr. Cook and Mr.
Schrantz and can verify his cooperation. He had agreed to provide the
easement. All he wanted in return was the ditch along Nightengale
cleaned and the culvert lowered so the water would drain and not affect
his house. At one point Mr. Schrantz had agreed to that, but at
subsequent meetings it seems that Mr. Schrantz was offering less and
less until the last one when he was told that nothing was going to be
done. Mr. Warren continued he was never contacted again and was then
very surprised to find the ditch was dug on neighboring property right
next to his line. He asked what the City is going to do to protect him.
Council agreed to add the item to the agenda for further discussion.
Jerrv WindschitL 3640 152nd Lane - stated he also talked with Mr.
Schrantz periodically regarding the drainage in the vicinity. He is the
lowest of the properties; and if something is going to be done on Mr.
Warren's property, it would also impact other properties. He cautioned
that the entire area needs to be considered at once. Council again
noted this will be discussed as an agenda item.
Kathleen Niznick, 14007 Ouinn Street - was before the Council several
weeks ago regarding the barricade on Quinn Street. She noted the
petition given to the Council to close the street had 62 signatures from
50 homeowners with only 12 of them located on Quinn Street or within a
block of it. She presented a petition to the Council of 149 homeowners
with a total of 230 signatures, all affected by the traffic on Quinn
Street, to keep the street open. Since they were before the Council they
have talked with Public Works, the Sheriff's Department and Mr. Haas
for ideas to eliminate the dangerous driving practices for the whole
development. She asked how people will be notified of the public hearing
on September 21. Mr. Haas stated everyone will be notified in writing,
including those residents in the southern part of Kensington Estates.
\'T\.~~~q{7\q3
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Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 2
Mayor McKelvey acknowledged Boy Scouts Troop 601 which were present at
the meeting as a civics project.
AGENDA APPROVAL
Delete Item 1, Special Use Permit/Construction of Accessory Structure,
at the request of the applicant. Delete Item 3, Special Use
Permit/SuperAmerica/Storage Tanks, at the request of SuperAmeric. so
they can meet with the residents, that meeting scheduled for August 24;
and Delete Item 9, Non-Conformities/Junkyard Task Force (Note a brief
discussion on the item later in the meeting). Add Items lOa, Warren
Water Problem; Item l2a, Proposed 1994 General Fund Budget; and Item 22,
Kob's 1st Addition.
MOTION by Perry, Seconded by Knight, the Agenda as amended. Motion
carried on a 4-Yes, l-Absent (Dalien) vote.
APPROVAL OF MINUTES
August 3, 1993: Correct as written.
MOTION by Knight, Seconded by Jacobson, approval as written. Motion
carried on a 4-Yes, I-Absent (Dalien) vote.
WDE MINING AND LAND RECLAMATION PERMIT CHANGES
Mr. Carlberg updated the Council on the results of a meeting with Jon
Christofferson of Conestoga, Rovers, and Associates, on the need for an
additional 129,000 cubic yards of fill to complete the landfill
reclamation. In reviewing the "City of Andover Access Agreement" and
other related documents and meeting with Mr. Christofferson, Staff is
recommending:
l. The fill materials should be removed from the western and
northern portions of the southern borrow site. The impact to the trees
on the western boundary shall be kept at a minimum. In addition, the
City and TKDA shall approve the revised grading plan to insure that area
can be served by gravity flow sanitary sewer. It is anticipated an
additional 67,000 cubic yards of fill will be taken from this site.
2 . The additional 53,000 cubic yards of fill shall be excavated
from the storm water pond area located adjacent to Crosstown Boulevard.
The City's concern is to retain as much of the trees and hill as
possible that currently screen the WDE Site from Crosstown Boulevard.
They have also agreed to plant coniferous trees as screening.
Jon Christofferson, CRA - in reference to a question about the location
of the hazardous waste pit to the pond, stated the pit is a considerable
distance away. He didn't know if they would plant additional trees on
the south site as a screening from Red Oaks Addition. He noted the
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Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 3
(WDE Mining and Land Reclamation Permit Changes, Continued)
existing tree line around it. Mr. Christofferson also explained that
when they are done removing the sand, they will replace the topsoil and
seed it with some type of roadside DOT mix. He has also discussed this
withMr. Kelly of the Coon Creek Watershed, who didn't think this would
have any effect on the watershed district.
MOTION by Knight, Seconded by Perry, that the City of Andover approve
the additional borrow sites as requested by Conestoga, Rovers and
Associates and presented diagrams tonight with the provision that it
meets the approval of TKDA in regard to sewer depth. Motion carried on
a 4-Yes, l-Absent (Dalien) vote.
SPECIAL USE PERMIT/GUNSHOP AND SPORTING GOODS/1860 BUNKER
Harrv Hibner, 1808 Cedar Place, Buffalo, MN - asked permission to move
his business about 1 1/2 blocks down the road to a larger establishment.
He will be renting the lower level which provides better security
because it is of solid concrete and underground on three sides. The
owner has also agreed to meet the parking lot requirements of blacktop,
curbs, etc. There will be no shooting range because it is not zoned for
that and there is not enough space.
Mr. Carlberg explained the Special Use Permit on the current site will
remain with the property. If nothing happens for a year, the permit
expires; however, the property owner could ask to have it revoked or the
City could start that procedure. The permit allows retail trade and
services on that property.
MOTION by Jacobson, Seconded by Knight, the Resolution granting the
Special Use Permit request of Andover Firearm, Inc., to operate a gun
shop and sporting goods store (Retail Trade and Services) at 1860 Bunker
Lake Boulevard NW, as presented. (See Resolution R184-93) Motion
carried on a 3-Yes, l-No (Perry) , l-Absent (Dalien) vote.
ADOPT RESOLUTION/TERMINATING PROJECT IP92-6
MOTION by Jacobson, Seconded by Knight, the Resolution terminating
Improvement Project 92-6, Watermain Extension, as presented. (See
Resolution R185-93) Motion carried on a 4-Yes, I-Absent (Dalien) vote.
ASSESSMENT REDUCTION/R. SONSTEBY
Mayor McKelvey reviewed the request of Rosella Sonsteby to reduce the
assessments for three parcels so they are the same as in the Meadows of
Round Lake, that is from $2,200 to $1,600 per parcel.
Rosella Sonstebv - stated Mr. Nedegaard has agreed to pay the
assessments for her lots but felt he shouldn't have to pay for more than
what he paid in the Meadows of Round Lake Addition. She questioned the
Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 4
(ASSessment Reduction/R. Sonsteby, Continued)
justification for assessing her lots more, especially since she was told
by the City Clerk that her lots were considered a part of the Meadows of
Round Lake. The City is saying the Nedegaard lots were only 80 feet and
hers are 100 feet; but she argued that some of the Nedegaard lots were
also 90 feet and they were only assessed $1,600 each. She also felt
discriminated against when in 1981 she was required to pay the
equivalent of a 100-foot lot for a lot that had only 32 feet of
frontage. One other lot had only 15 feet of frontage, but that owner
only paid for the actual frontage. Ms. Sonsteby also alleged that in
1984, she, as the developer, paid for everything in Rosella's Addition,
even for the sewer, water, blacktop and curbing that benefitted another
parcel. Ms. Sonsteby again argued that the Nedegaard contract indicates
he is to pay for all extensions. Since she was told her lots are a part
of that development, and there are no Resolutions specifically about her
lots, she felt her lots should be assessed the same.
Mr. Haas explained the trunk runs past Ms. Sonsteby's lot, but she is
only being assessed a lateral charge per the City's policy. Ms.
Sonsteby carne into the process after the petition for the Meadows of
Round Lake and the signing of the Development Contract. Ms. Sonsteby is
being assessed $22/front foot per the City's policy. Mayor McKelvey
believed the contract between Ms. Sonsteby and the developers of the
Meadows of Round Lake is that they would pay the lateral charge for Ms.
Sonsteby. He felt that is a private legal agreement that does not
involve the City.
MOTION by Jacobson, Seconded by Perry, that the City Council deny the
request of Rosella Sonsteby for a reduction in assessments for lateral
service to three of her lots which she is developing. The assessments
are currently $2,200 per lot and the Council reconfirms that amount.
Motion carried on a 4-Yes, l-Absent (Dalien) vote.
APPEAL ORDINANCE 95/149TH AND BLUEBIRD
Mr. Carlberg reviewed the appeal of Robert and Renee Bannister to allow
a brick mailbox structure to remain in the city right of way at 14971
Bluebird Street NW. The Andover Review Committee found the mailbox
structure, while aesthetically appealing and does eliminate vandalism to
a degree, does not meet ordinance nor postal requirements and must be
removed. The ordinance requirement was enacted in 1991, and the
Building Official found the violation and submitted a letter to the
owners. He had photographs of the structure.
In Council discussion, Mr. Carlberg stated the purpose of the ordinance
is a safety factor for Public Works employees who might accidentally hit
the solid structure, and it becomes a snow maintenance problem. The
postal regulation is the box must be back from the curb. There are many
such mailboxes around the City, so he predicted many more appeals coming
before the Council on this issue. Councilmember Perry agreed that the
mailboxes are much more appealing, but felt such structures in the right
of way are a problem and should be removed.
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Regular Andover City council Meeting
Minutes - August 17, 1993
Page 5
(Appeal Ordinance 95/149th and Bluebird, Continued)
About five or six residents addressed the Council arguing there are
many, many mailboxes in the Ci ty that do not meet the ordinance
requirements. Those in Kensington Estates are 6x6 posts, not 4x4 as the
ordinance requires. Such mailboxes are very common in many of the
cities with higher-priced houses such as Eden prairie, Bloomington,
Edina. They asked why is it a danger in one community and not in
others. Mrs. Bannister stated they are willing to move it back off the
curb and mark it with flags and reflectors. This looks nice, as opposed
to those who have various tubes and vandalized mailboxes. Mr.
Bannister stated he would be willing to tear it down and start over to
set the mailbox out on a post. He could submit a drawing that would
have to be approved by the City. Another resident stated the ordinance
was passed in 1991, but his mailbox structure has been up since 1989.
He felt he should be grandfathered, but he received a letter today
indicating a violation.
Council discussed again noted that such mailboxes are aesthetically
pleasing but are a safety concern. They acknowledged that Staff was
appropriate in following procedure, but also felt that possibly the
Planning and zoning Commission should look at the requirement again, see
what other cities are doing, decide whether or not the current ordinance
is still practical, and make a recommendation.
MOTION by Knight, Seconded by Jacobson, to send the issue to the
Planning and Zoning Commission for further consideration of review of
the Ordinance for mailboxes only. Motion carried on a 4-Yes, l-Absent
(Dalien) vote.
MOTION by Perry, Seconded by Jacobson, to table the appeal request until
the first meeting in October. (October 5, 1993) Motion carried on a 4-
Yes, l-Absent (Dalien) vote.
APPEAL/ORDINANCE 95/AMAR/1469 140TH LANE NW
Mr. Carlberg reviewed the appeal request of Todd and Glenda Amar to
allow two brick lantern pillars to remain in the city right of way at
1469 140th Lane NW. They are located eight feet behind the curb, but
the city boulevard is 13.5 feet to the property line. The Andover
Review Committee has recommended the structures be removed. The builder
of the house had given his word that the pillars would be removed within
two weeks of the issuance of the Certificate of Occupancy. That was not
done.
Todd Amar, 1469 140th Lane NW - stated he was not notified that the City
had an agreement with his builder. He never knew there was a problem
until he received the letter from the City. Those pillars were in the
original building plans. He had pictures of his pillars plus many other
monuments located on boulevards within the City of Andover. By
definition, the ordinance requires no trees, rocks, etc., in the right
of way; but in driving around the City, there are numerous violations.
.------.--
Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 6
(Appeal Ordinance 95/Amar/1469 140th Lane NW, Continued)
Is the City going to require all trees and other items to be removed as
well? He felt this issue is the same as the previous one dealing with
mailbox structures and asked that the ordinance be reviewed. Attorney
Hawkins advised that the ordinance applies to structures placed in the
boulevards subsequent to the adoption of this ordinance. Mr. Carlberg
stated the existing trees in the right of way would be a nonconforming
issue. The boulevards are for the purpose of installing utility lines
and to leave it clear for future maintenance
Mr. Amar - was willing to live with the possibility that the pillars may
have to be removed if maintenance is required in that area. He accepts
that risk. The pillars are an aesthetic improvement to the property,
but it would not work to move them back to the property line. He again
argued there are such monuments allover the place both within Andover
and in other cities.
MOTION by Perry, Seconded by Jacobson, that the Andover City Council
deny the appeal of Todd and Glenda Amar for the property located at 1469
l40th Lane NW to allow the brick pillars to remain in the city right of
way. The reason for denial is it is not consistent with Ordinance No.
95; and while the City Council has determined there may be a need to
address the ordinance as it relates to mailboxes, the City Council has
not directed the review of the ordinance for other structures in the
- right of way. DISCUSSION: Attorney Hawkins thought that the Minnesota
Statutes 160.27 states it is unlawful to place or maintain any structure
within the limits of any highway, which applies to state, county and
municipal streets. He did feel there is some provision that authorizes
cities to have certain encroachments that wouldn't be a violation. The
City does have the ordinance regulating this.
Mr. Amar - asked that this item be given the same review as the mailbox
issue just previously discussed. These types of monuments are becoming
common in landscaping, plus there are other types of landscapes within
right of ways. A very, very large portion of Andover residents are
affected by this issue. Councilmember Knight felt that given the
possible magnitude of the problem, that the Planning and Zoning
Commission should address this issue swell.
VOTE ON MOTION: Yes-Jacobson, Perry; NO-McKelvey, Knight; Absent-
Dalien. Motion failed.
MOTION by perry, Seconded by Knight, that this also be referred to the
Planning and Zoning commission for review at their September 14 meeting
and again reiterate the fact that Staff and the Andover Review committee
have acted properly in their recommendations. Motion carried on a 3-
Yes, l-No (Jacobson), I-Absent (Dalien) vote.
MOTION by perry, Seconded by Knight, that we table Agenda Item No.8,
Appeal/Ordinance 95/Amar/1469 140th Lane NW pending recommendation of
the Planning and Zoning Commission. Motion carried on a 4-Yes, l-Absent
(Dalien) vote.
Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 7
ORDINANCE 8, SECTION 4.21 AMENDMENT
MOTION by Jacobson, Seconded by McKelvey, the Resolution as prepared
with one change, that change will be in Subdivision (A) in the first
line, as it is now, "Any fences, hedges and walls may be located...";
suggest it be changed to read, "Any fences, hedges and wells following
the adoption of this ordinance amendment may be located in any..."
DISCUSSION: Councilmember Perry expressed disappointment that the
Planning Commission did not address the type of material that can be
used for fencing in residential areas. She felt that needs to be
addressed. Councilmember Knight agreed. Planning Commission
Chairperson Bonnie Dehn explained the Commission did not want to limit
the types of materials that could be used because of the new
environmental concerns and other types of fencing materials that are
being developed all the time. Mr. Carlberg stated most other cities
require a permit for fencing, and that is something Staff will be
researching further. Motion carried on a 4-Yes, l-Absent (Dalien) vote.
WARREN WATER PROBLEM
Mayor McKelvey stated he attended most of the meetings with Mr. Warren,
and he agreed that every time it seemed the City changed something. The
City then stopped talking to Mr. Warren, and he understood at that point
that nothing was going to be done. He didn't know who gave the approval
for the ditch or why it was done. Mr. Haas stated there is no water
running onto Mr. Warren's property at this point. The ditch is an
emergency overflow to protect the existing houses in the 159th and Quinn
Street project area. They didn't change anything other than blacktop
the streets. If there is large amounts of run-off, the water eventually
will get to the pond, which then outlets to the ditch and into Mr.
Warren's pond. The ditch was dug as an overflow swale. Glenn Cook of
BRA didn't think the water will ever get high enough in the ditch to go
over the swale to affect Mr. Warren's property. The other option is to
fill the swale and leave it as it was.
Rav Warren - stated he is an existing house also and just wants the same
protection. He had agreed to give the easement for the ditch, but
wanted the ditch along Nightengale cleaned and the culvert lowered to
protect his house. The last he heard, the overflow was not going to be
constructed. Then, to his surprise, he saw that it was dug right along
his property line. Now he is asking for preventive measures to protect
his house in the event the water does overflow the ditch onto his
property. He is asking that the culvert be lowered and the ditch on
Nightengale be cleaned. Mr. Warren stated the water is higher on his
property this year but it is not overflowing the ditch.
There was considerable discussion on the item regarding the overflow
swale and possible effects and costs of cleaning the ditch along
Nightengale. The Council noted that this is one of the wettest summers
ever, yet the water is not overflowing onto Mr. Warren's property. It
was suggested that BRA be asked to do the calculations to be sure the
overflow swale will handle two 100-year storms back to back and
Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 8
(Warren Water Problem, Continued)
determine if Mr. Warren's property would be threatened in the event of
that catastrophe. If it is threatened, the engineers should also be
able to recommend what needs to be done to protect Mr. Warren's
property. If it is determined that Mr. Warren's property is not
threatened, the City would do nothing further. It was also suggested
the engineers determine the cost of cleaning the ditch along Nightengale
and if funding is available.
Jerry Winds chit 1 - stated clearly he would get more water if the
Nightengale ditch is cleaned. He felt the problem can be resolved
without a lot of expense. He suggested cleaning the Nightengale ditch
down to the existing county ditch, plus clean a small section of that
county ditch. From Mr. Warren's culvert to the existing ditch is not
enough fall to get the water through. He cautioned that the area is a
defined wetland, so there may be some limitations as to what can or
cannot be done. Mr. Windschitl also recommended if the City wishes to
find a solution to the front yard of Mr. Warren, he has a private ditch
on his property which extends almost to Mr. Warren's property that may
be easier to work with.
Mr. Haas agreed to work with Mr. Cook on the calculations and report
back as soon as possible.
NON-DISCUSSION ITEMS
MOTION by Jacobson, Seconded by Knight, in the affirmative on the
following Agenda items:
12. 1993 General, Water and Sewer Fund Budget Amendments (See
Resolution R186-93)
13. Declare Cost/Direct Preparation of Assessment Roll/IP92-
IS/Hidden Creek East 5th (See Resolution R187-93)
14. Adopt Assessment Roll/IP92-15/Hidden Creek East 5th Addition
(See Resolution R188-93)
15. Approve Plans and Specs/IP93-14/Woodland Pond (See
Resolution R189-93)
16. Award Bid/IP91-5/Njordmark Dale and IP9l-16, 159th Avenue
(See Resolution R190-93 awarding bid to Bituminous
Consulting & Contracting Company in the amount of
$110,418.50)
17. Approve Temporary Work Space Permit for Northern Natural Gas
Company to do gas line work
18. Request Speed Study/181st Avenue from Tulip to CSAH 9 (See
Resolution R191-93)
19. Approve Final Payment/IP92-8/Andover Boulevard Trunk Storm
Sewer (See Resolution R192-93)
20. Authorize Increased Allocation for Storm Sewer Project/177th
and Blackfoot (See Resolution R193-93)
2l. Adopt Resolution/Variances for 3480 Bunker Lake Boulevard
(See Resolution R194-93)
22. Approve Correction to Kob's First Addition Plat
Motion carried on a 4-Yes, l-Absent (Dalien) vote.
. .._- -
Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 9
AUTHORIZE PURCHASE/135XX HANSON BOULEVARD/R. STREICH
Mayor MCKelvey explained the original plans for the construction of
Commercial Boulevard called for the purchase of Mr. Streich's pole
building. Until May, Mr. Streich was told the City was purchasing it;
and with that understanding, all of his tenants have moved out of the
building. Though the plans for the road have been drawn such that the
building is no longer in the right of way, he and the Staff would still
like to see the City purchase it with Tax Increment Financing funds to
remove it from the property. It is an old pole barn and an eye sore.
Then, if Mr. Streich would acquire the outlot from Mr. Emmerich, he
would be able to redevelop the area with new commercial buildings. If
the City does not purchase it, it was the Mayor's understanding that Mr.
Streich would not have the funding to redevelop the area.
Attorney Hawkins stated when he did not hear from Mr. Streich regarding
the City's offer to purchase the building, the engineers were able to
adjust the road right of way such that the building would not need to be
removed. Therefore, the offer to Mr. Streich was withdrawn. The issue is
whether the Council wishes to purchase the building. It is not in the
right of way, but the corner is ten feet away. It is a non-conforming
building. The assessor feels that bringing the road right of way that
close to the building does not cause any severance damage to it.
The other Councilmembers generally felt the redevelopment should be done
privately, not by the City. They didn't want to see the city's money
used to tear down an old pole building. Once the road goes in, the
property will become more valuable; and it was felt that within several
years the area will redevelop because it makes good business sense to do
so. With the majority opposed to the proposal, no action was taken.
JUNKYARD TASK FORCE RECOMMENDATION
Councilmember Perry expressed opposition to the proposal to allow the
reconstruction of all buildings of the junkyards in the event they are
destroyed more than 51 percent, feeling that is beyond what the Council
directed of the Task Force. The Council has said no to that proposal in
the past, and she was not ready to change that position. She did feel
the Council had given the okay for the construction of environmental
buildings, but not for the storage of parts. She wanted to see some
evidence on the part of the junkyard owners to reduce the size of their
yards and meet all existing ordinance requirements first. She didn't see
any difference since the Council position of February. Councilmember
Perry was also concerned with the recommendations of the Task Force
since the representatives from the Economic Development Committee, P &
Z, etc. , have not been in attendance at most meetings.
Mayor McKelvey stated they had not understood that the environmental
buildings would be allowed. The dealers are also saying that they can
reduce the size of their yards if they had the ability to construct
buildings in which to store parts. Mr. Carlberg explained the proposed
ordinance amendment to allow reconstruction of buildings applies only to
the new environmental buildings being allowed, not to the offices or
other buildings. Councilmember Perry felt that should be clarified.
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Regular Andover City Council Meeting
Minutes - August 17, 1993
Page 10
(Junkyard Task Force Recommendation, Continued)
Mr. Carlberg suggested the comments of the Council be discussed by the
Auto Recyclers/Junkyard Task Force prior to any further Council
consideration. No action was taken at this time.
Council recessed at this time, 10:32; reconvened at 10:35 p.m.
PROPOSED 1994 GENERAL FUND BUDGET
Mr. Sulander reviewed the revised Revenue and Expenditure budgets as
outlined in his August 17 memo to the Mayor and Council which includes
the reductions discussed at the August 12, 1993, special meeting and
removing all capital equipment purchases from the budget. The net
increase in taxes would be 3.3 percent if the revised budget is adopted.
The proposal is to fund a portion of the capital equipment with
Certificates that would impact the 1995 budget. The only other major
item he removed from the budget was $20,000 for the Kelsey-Round Lake
park program. There is $40,000 reserved from the 1992 budget plus
$20,000 in this year's budget. That $60,000 should be adequate if
construction starts in 1994.
The Council felt the budget as proposed is acceptable and that another
budget meeting is not needed. The item will be placed on the September
7 Council agenda for action.
MAYOR/COUNCIL INPUT
Weybridge 3rd - Mr. Carlberg stated there is some ditch work and berming
along Andover Boulevard that must be completed. He also reported the
developer did not sign the Development Agreement for this plat;
therefore, the project will not proceed.
Andover Boulevard Project - Mayor McKelvey stated the boulevard
restoration is being done on Andover Boulevard between Crosstown and
Hanson Boulevards. Once that is completed, the final one-inch of
bituminous will be added, which should be within the next week or two.
APPROVAL OF CLAIMS
MOTION by Knight, Seconded by Perry, to approve bills in the amount of
$589,576.25. Motion carried on a 4-Yes, l-Absent (Dalien) vote.
MOTION by Jacobson to adjourn. Motion carried on a 4-Yes, I-Absent
(Dalien) vote. Meeting adjourned at 10:53 p.m.
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-T>~~'~ .
Ma cella A. Peach, Recor lng Secretary
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