HomeMy WebLinkAboutCC February 16, 1993
~ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - FEBRUARY 16, 1993
Call To Order - 7:30 p.m.
Resident Forum
Agenda Approval
Approval of Minutes
Community School Report
Discussion Items
1- Lot Split/Variance - l59th Ave. & Narcissus street
2. Lot Split/Variance - l59th & Goldenrod street
3. Discussion - zoning/Emmerich property
4 . Amend Ordinance 8, Section 7.03/Special Uses
5. Approve Survey Consultant/92-27
6. Order Condemnation/Pheasant Glen
7. City Hall Park Complex *2 Discussion
8. Approve Signal/Crosstown & Bunker Lake Boulevards/93-1
HRA Meeting
9. Public Hearing/1993 CDBG Budget
staff, Committees, Commissions
10. Planning Consultant Reimbursement Request
1l. Northern Metro Mayors' Association Discussion
12. Schedule Meeting/Round Lake & Bunker Lake Blvds.
Reconstruction
Non-Discussion Items
13. Award BidjWell *2/93-3
14. Approve Change in Spec Requirements/Urban Area
15. Accept petition/93-5jWinslow Hills 3rd
16. Accept Feasibility Report/93-6/Bunker & Round Lake Blvd.
Watermain
17. Reduce Letter of Credit/Northglen 2nd Addition
Mayor-Council Input
Approval of Claims
Adjournment
REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 16, 1993
TABLE OF CONTENTS
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1
COMMUNITY SCHOOL REPORT . · · · · · · · · · · · · · · · · · · · · 1
LOT SPLIT/VARIANCE - l59TH AVENUE AND NARCISSUS STREET
Resolution R041-93 to approve · · · · · · · · · · · · · · · 2
LOT SPLIT/VARIANCE - 159TH AND GOLDENROD STREET
Resolution R042-93 to deny . · · · · · · · · · · · · · · · · 2
DISCUSSION - ZONING/EMMERICH PROPERTY . · · · · · · · · · · · · · 2
AMEND ORDINANCE 8, SECTION 7.03/SPECIAL USES · · · · · · · · · · 3
Motion to deny . · · · · · · · · · · · · · · · · · · · · · · 4
APPROVE SURVEY CONSULTANT/IP92-27
Motion to contract with Caine and Associates · · · · · · · · 4
CONDEMNATION/PHEASANT GLEN · · · · · · · · · · · · · · · · · · · 4
Motion to order condemnation . · · · · · · · · · · · · · · · 5
CITY HALL PARK COMPLEX #2 DISCUSSION · · · · · · · · · · · · · · 5
SIGNAL/CROSSTOWN AND BUNKER LAKE BOULEVARDS/IP939-1
Motion to table to March 11 · · · · · · · · · · · · · · · · 6
PLANNING CONSULTANT REIMBURSEMENT REQUEST
Motion to pay Urbanalysis 50% of remaining contract · · · · 6
NORTHERN METRO MAYORS' ASSOCIATION DISCUSSION
Motion to join . · · · · · · · · · · · · · · · · · · · · · · 6
MEETING/ROUND LAKE & BUNKER LAKE BLVDS RECONSTRUCTION (March 11) 7
BID/WELL #2/IP93-3
Resolution R044-93 to award bid · · · · · · · · · · · · · · 7
CHANGE IN SPEC REQUIREMENT/URBAN AREA
Motion to change policy · · · · · · · · · · · · · · · · · · 7
NON-DISCUSSION ITEMS
Resolution R045-93 to accept petition/IP93-5/Winslow Hills 3 7
Resolution R046-93 to accept feasibility/IP93-6 · · · · · · 7
REDUCE LETTER OF CREDIT/NORTHGLEN 2ND ADDITION
Motion to return escrow payment · · · · · · · · · · · · · · 7
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 8
MAYOR-COUNCIL INPUT
Update on Transportation Issue/Comprehensive Plan · · · · · 8
ISD #ll/Location of New Middle School · · · · · · · · · · · 8
ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 8
~ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - FEBRUARY 16, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on February 16, 1993, 7:30 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dalien, Jacobson, Knight
Councilmember absent: perry
Also present: City Attorney, John Burke
City Planner, Dave Carlberg
City Finance Director, Daryl Su1ander
City Administrator, James Schrantz
Others
APPROVAL OF MINUTES
February 2, 1993: Correct as written.
MOTION by Knight, Seconded by Jacobson, approval of the Minutes as
written. Motion carried on a 4-Yes, l-Absent (Perry) vote.
AGENDA APPROVAL
Staff understood the Soccer Association wished to present their proposal
to the Andover Recreational Development Association before coming to the
Council. It was agreed to delete Item 7, City Hall Park Complex #2
Discussion.
MOTION by Jacobson, Seconded by Dalien, approval of the Agenda as
amended. Motion carried on a 4-Yes, I-Absent (Perry) vote.
COMMUNITY SCHOOL REPORT
Nancy Knop, Community school Coordinator, thanked the Council for their
support of the community school program and summarized the activities,
enrollments and use of facilities for 1992. There was an increase in
enrollment of approximately 2,000 people for classes and activities, and
over 46,000 people used the facilities. She noted the Andover program
is a model for the district and the metropolitan area.
Councilmember Knight asked about the status of the Neighborhood Crime
Watch program. Ms. Knop stated it is being done on a low-key basis with
neighborhoods being organized when they ask for it. The difficulty has
been the time required to be more active. Councilmember Knight felt it
is an important program that should be revitalized. Mr. Knop felt more
could be put in the Andover Express, plus she will investigate the
possibility of another group such as the Seniors to help put together a
Neighborhood Crime Watch newsletter. She will pursue it further.
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Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 2
(Community School Report, Continued)
Tom Dahlheimer, Assistant Coordinator at Crooked Lake, gave an overview
of the activities in the pre-school program, the inclusive education for
special needs students, and the summer program. Mary Judd, Assistant
Coordinator at Andover, highlighted experiences of the value of the
community school program for the students and Staff.
LOT SPLIT/VARIANCE - 159TH AVENUE AND NARCISSUS STREET
MOTION by Knight, Seconded by Jacobson, a Resolution granting the lot
split and variance request of John and Valerie Reynolds to create two
parcels pursuant to Ordinance No. 40, as presented. (See Resolution
R041-93) DISCUSSION: In discussing the issue of park dedication raised
at the public hearing, it was the Council's interpretation that in the
past, park dedication was required on each newly created parcel. Staff
stated that is how the park dedication will be applied in the future.
Motion carried on a 4-Yes, l-Absent (Perry) vote.
LOT SPLIT/VARIANCE - 159TH AND GOLDENROD STREET
Mr. Carlberg explained the parcel is a metes and bounds lot which does
have frontage on l59th now; however, if split, it will not meet the
required frontage on a public street. The question is the buildability
of the proposed Parcel B because of the wetland and with having a
driveway cross a ditch. There is also the issue of the cul-de-sac of
Goldenrod which appears to be built short of the proposed Parcel B.
Mayor McKelvey read into the record a letter dated February 25, 1993,
from Cordell R. Moe, 375 157th Avenue, Andover, expressing concern over
the placement of a building on the parcel in question such that it would
not interfere with the future needs of the neighboring landowners and
the potential extension of 159th Avenue.
MOTION by Jacobson, Seconded by Dalien, the Resolution denying the lot
split and variance request of Omar and Jodie Dizayee to create two
parcels pursuant to Ordinance No. 40 as presented. (See Resolution
R042-93) Motion carried on a 4-Yes, l-Absent (Perry) vote.
DISCUSSION - ZONING/EMMERICH PROPERTY
Mr. Carlberg explained some concern was raised at the last meeting about
the zoning of the property between the proposed Echo Ridge plat and
Hanson Boulevard south of the proposed Commercial Boulevard. It would
make sense to have some type of commercial zoning there, and it is the
wish of the property owner to leave it Industrial. In looking at the
difference between the Industrial and General Business zones, there
really isn't much difference. The GB allows more uses, and Industrial
allows school bus terminals and lumber yards.
Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 3
(Discussion - zoning/Emmerich Property)
Council discussion noted the property was purchased as Industrial and
there may be a claim for a loss if it were down zoned, that there would
be little difference in uses if it were rezoned GB, and that the City
has the ability to control screening and fencing through the commercial
site plan. The concern was that future residents buying lots in Echo
Ridge know before hand that this property is zoned Industrial and the
uses that are allowed on it. It was agreed that no change should be
made in the zoning.
AMEND ORDINANCE 8, SECTION 7.03/SPECIAL USES
Mr. Carlberg reported he contacted several cities by phone and all
allowed impound lots. Some allowed them by Conditional Use Permit; and
those who did not require the permit suggested that it should be allowed
as a special use. The ordinance amendment would allow impound lots in
the Industrial zones by Special Use Permit. Councilmember Jacobson had
a problem with the towing/impound lot in question operating at Eddie's
Auto Body. With the auto repair, towing, impound lot and lease to park
garbage trucks, he questioned the number of uses on one parcel.
Mr. Carlberg understood there is a repair garage there and the impound
lot is operating behind in a fenced area. According to Attorney
Hawkins, the towing service is incidental to the use, as many repair
garages and impound lots have tow trucks that are permitted. He was not
aware of the lease to park garbage trucks.
Several Councilmembers felt that impound lots are not very attractive
and very quickly take on the sense of a junk yard. The Industrial area
along Bunker Lake Boulevard is already saturated with that type of use.
They felt this amendment would intensify the use in that area, which is
contrary to what the City has been trying to do to clean it up. There
was also concern that this allows other impound lots to open in this
area and in the other Industrial area of Hughes Industrial Park, not
just the Lund's service which initiated this discussion. For that
reason, they felt the proposal is not in the best interest of the City.
In defense of the Lund's Service, Mayor McKelvey stated it has been
operating for over a year. He drives by that area four or five times
every day and he did not know it was there. He also understood that no
car stays at the impound lot for more than 30 days. Records must be kept
which are open to the City's inspection at any time. He also felt the
City may need a service like this but would like to see them set up
under more suitable situations.
Mrs. Lund stated they do not have vehicles for more than 30 days.
Three-fourths of the cars are from accidents in various states of
disrepair; however, insurance companies usually pick them up within one
to two weeks. They do not have more than 25 cars at a time. They have
one spot inside the building where the vehicle can be investigated, and
then it is taken back outside. They do no repair work.
Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 4
(Amend Ordinance 8, Section 7.03/Special Uses, Continued)
Bill Hupp, 1650 Andover Boulevard - felt that over the years the City
has tried to improve that area. He felt the proposed amendment is
counter productive to the development of the City. He recommended
adding more diversity to the City instead of encouraging nothing but
junkyards and repair facilities. He stated the eyesore of the junkyards
in that vicinity bothers the residents.
Bonnie Dehn, Planning and Zoning Commission Chairperson, was not present
when the Planning Commission discussed the issue, but there was
discussion at a previous Council meeting about the additional service an
impound lot in the City would have to the community. She felt the
advise of the Commission reflects that additional service.
MOTION by Jacobson, Seconded by Knight, that the Council request of
Staff to prepare a Resolution for the next Council meeting listing some
reasons for the Council denying the addition of an impound lot within
the City. DISCUSSION: Councilmember Jacobson outlined such reasons as
it opens the door to the use in other areas that do not have automotive
related uses now, plus it is an intensification of a similar use the
City is trying to clean up. He didn't know if a resolution is needed
but felt the Council owes it to the Lunds to outline its reasons for
denial. Mayor McKelvey indicated he felt the City needs an impound lot
for the convenience of the citizens, but he was not sure under which
circumstances it should be allowed. Councilmembers Knight and Dalien
felt it is incompatible with what the City is trying to do along Bunker
Lake Boulevard and is broadening the use in that area. Motion carried
on a 4-Yes, 1-Absent (Perry) vote.
APPROVE SURVEY CONSULTANT/IP92-27
MOTION by Jacobson, Seconded by Dalien, that the City Council accept the
bid from Caine and Associates in the amount of $1,600, which includes
Mylards and checking fee, to prepare the right-of-way plan for what is
now known as Commercial Boulevard, Project 92-27; and the funds to pay
for this item will come out of the Andover TIF Funds. Motion carried on
a 4-Yes, I-Absent (Perry) vote.
ORDER CONDEMNATION/PHEASANT GLEN
Mr. Schrantz explained the condemnation is for completion of the
sanitary sewer and watermain construction for Commercial Boulevard and
Echo Ridge/Jay Street projects. Staff is requesting the condemnation
proceedings be ordered to avoid any further delay.
Curt Carsen, Hokanson Development, also recommended the condemnation be
ordered. They have an agreement with the Hursts to move the garage
where they want it moved provided the City approves; however, there may
still be some difficulty with that since the Hursts do not agree with
the City's recommendation.
Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 5
(Order Condemnation/Pheasant Glen, Continued)
MOTION by Knight, Seconded by Jacobson, ordering the condemnation of PIN
34-32-24-43-0001 for sanitary sewer and watermain construction; and
prior to the papers being signed, we have City legal counsel contact the
Hursts one more time to see if it can't be done voluntarily before the
papers are signed. Motion carried on a 4-Yes, I-Absent (Perry) vote.
CITY HALL PARK COMPLEX #2 DISCUSSION
Because several members from the Andover Recreational Development
Association were present and had originally asked to be on the Agenda,
Council agreed to discuss the item.
MOTION by Jacobson, Seconded by Dalien, to put Number 7 back on the
Agenda. Motion carried on a 4-Yes, l-Absent (Perry) vote.
Gary Shay, Andover Recreational Development Association, addressed the
Council regarding a donation option which was presented to the City by
an area contractor. The contractor is proposing to donate $25,000 to
the park complex provided he be allowed to construct a 60' x 120' block
building costing $150,000 on the complex. The building would be donated
to the City, but he would be allowed to lease it back for a period of 10
to 15 years to operate an indoor batting cage center for baseball and
softball. After the lease agreement, the City can opt to change the
use, reissue the lease or sign with a new party. In addition, for any
savings to the construction of the building through donations of
materials, the contractor will donate an equivalent dollar amount to the
park complex. Mr. Shay explained the contractor has an identical
arrangement with another metropolitan city.
There was discussion of some length on the proposal. Council was
concerned about the question of a commercial operation on City property,
about the success of batting cage operations, what happens if the
operation is not successful three to five years into the lease, etc.
Mayor McKelvey noted the North Metro Soccer Association has also made a
proposal to construct an indoor soccer complex in the park complex,
which would mean another building on that site.
Though there were concerns and a reluctance on the part of the Council,
they suggested the Association investigate the matter further by
obtaining the legal documents from the other city in which this is being
done to help in the decision making. They also suggested the
Association present a total plan in terms of this proposal and that of
the soccer association to determine how the buildings, playing fields
and parking would fit on the parcel.
Dave O'Toole, Andover Recreational Development Association, felt the
donation and benefit to the community would be enormous. If the legal
questions can be answered, he felt this facility would be a huge benefit
to the people using the facilities. The entire complex is being planned
for typical youth activities. There is a concession building in the
Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 6
(City Hall park Complex #2 Discussion, Continued)
center with a service garage for field maintenance, restrooms, and a
second story for look-out towers for scorekeepers. It is eight-sided,
25 feet to each side. All the concrete for the concession building has
already been donated. Currently they are planning a 420-car parking
lot. They hope to light the four ball fields initially and to put in a
separate private well for watering. It was agreed the donation
option will be discussed again when the Association members have
obtained the legal documents from the other city.
APPROVE SIGNAL/CROSSTOWN AND BUNKER LAKE BOULEVARDS/IP93-1
Mr. Schrantz noted the county would like to put a permanent signal at
the intersection. At the last meeting, the Council approved a temporary
signal. He stated he does not know all the cost figures to the City for
the various projects the county is doing, especially the City's share of
the Round Lake and Bunker Lake Boulevards project. Council agreed to
table the discussion until its meeting with the county on March 11.
MOTION by Knight, Seconded by Dalien, to table this request and bring it
back on March 11, then put it back on the Agenda one month from today.
Motion carried on a 4-Yes, l-Absent (Perry) vote.
Council recessed at 10:00 p.m. to call a session of the Andover Housing
and Redevelopment Authority; reconvened at 10:26 p.m.
PLANNING CONSULTANT REIMBURSEMENT REQUEST
Mr. Carlberg explained Urbanalysis, consultant for the City's
Comprehensive Plan, has requested 50 percent of the remaining contract
amount be reimbursed. The City is holding $1,980.07 of the contract
until the Comprehensive Plan is completed, that is receipt of the final
product after Metropolitan Council approval. If the City accepts the
Metropolitan Council proposal to withdraw all MUSA requests until the
transportation issue is resolved, several chapters of the Comp Plan will
have to be rewritten. Council agreed to the request on the condition
that all of the computer disks and material be provided to the City.
MOTION by Knight, Seconded by Dalien, to pay Urbanalysis $980 upon
receipt of the materials, documents and disks related to the
Comprehensive Plan. Motion carried on a 4-Yes, l-Absent (Perry) vote.
NORTHERN METRO MAYORS' ASSOCIATION DISCUSSION
Mr. Sulander outlined several options available to the Council as noted
in the Agenda material to fund the City's membership to the Association.
MOTION by Knight, Seconded by Jacobson, that we use $3,000 out of the
Local Government Aid received in 1992 to join the Northern Metro Mayors'
Association. Motion carried on a 4-Yes, l-Absent (Perry) vote.
Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 7
SCHEDULE MEETING/ROUND LAKE AND BUNKER LAKE BOULEVARDS RECONSTRUCTION
Council agreed to meet with county representatives on Thursday, March
11, 1993, 7:30 p.m.
AWARD BID/WELL 12/IP93-3
MOTION by Knight, Seconded by Jacobson, the Resolution accepting bids
and awarding contract for the Improvement of Project No. 93-3 for
maintenance of well and pump #2, awarding to Bergerson-Caswell, Inc., in
the amount of $10,890. (See Resolution R044-93) Motion carried on a 4-
Yes, I-Absent (Perry) vote.
APPROVE CHANGE IN SPEC REQUIREMENT/URBAN AREA
MOTION by Jacobson, Seconded by Dalien, that the City Council authorize
a change in policy to allow the testing of compaction, gradation,
bituminous and bacteria testing as presented in a letter presented to
the Council from TKDA dated January 20, 1993. DISCUSSION: Attorney
Burke stated a change in the contracts will reflect this policy change.
Motion carried on a 4-Yes, I-Absent (Perry) vote.
NON-DISCUSSION ITEMS
MOTION by Knight, Seconded by Jacobson, approval of Items 15 and 16:
Accept Petition/IP93-5/Winslow Hills 3rd (See Resolution R045-93)
Accept Feasibility Report/IP93-6/Bunker and Round Lake Boulevard
Watermain (See Resolution R046-93)
DISCUSSION: Mr. Schrantz stated the water problem in the vicinity will
be addressed in the feasibility report of Winslow Hills 3rd. Motion
carried on a 4-Yes, 1-Absent (Perry) vote. Councilmember Jacobson
pointed out by accepting the feasibility report for IP93-6, the Council
is agreeing the City will not assess the adjacent properties until a
petition is received. Mr. Schrantz thought that was the decision made at
the work session on February 10, 1993. The project will be done at a
savings right now, and there are funds in the trunk watermain funds to
cover the costs. Council agreed.
REDUCE LETTER OF CREDIT/NORTHGLEN 2ND ADDITION
MOTION by Jacobson, Seconded by Dalien, that we authorize the return of
an escrow payment in the amount of $4,360 to Good Value Homes to return
a part of their escrow payment for Northglen 2nd Addition. Motion
carried on a 4-Yes, l-Absent (Perry) vote.
Regular Andover City Council Meeting
Minutes - February 16, 1993
Page 8
APPROVAL OF CLAIMS
MOTION by Knight, Seconded by Dalien, to pay claims of $211,673.74.
Motion carried on a 4-Yes, 1-Absent (Perry) vote.
MAYOR-COUNCIL INPUT
Update on Transportation Issue/Comprehensive plan - Mr. Carlberg stated
he wrote to the five cities involved in the Highway 10 corridor
transportation study. He has received no written responses. Verbally
the City of Blaine would be interested but they want to know the cost to
the City. Blaine did receive all of the MUSA expansion they requested
in their Comprehensive Plan. The City of Ramsey is looking to do some
study on their own with BRW thinking that will satisfy the Metropolitan
Council. Mr. Schrantz stated the City of Anoka does not want to
participate. He has asked for that response in writing. Mr. Carlberg
hoped to have this item on the March 2, 1993, meeting.
ISD #ll/Location of New Middle School - Mayor McKelvey stated the school
district is looking for a location to construct a new middle school.
One possibility is next to Andover Elementary. A decision is expected
the beginning of April, 1993.
MOTION by Jacobson to adjourn. Mayor McKelvey declared the meeting
adjourned at 11:08.
Respectfully submitted,
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Marcêlla A. Peach
Recording Secretary