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Home My WebLink AboutCC January 5, 1993 ~ CITY of ANDOVER , ;' '.-/ Regular City Council Meeting - January 5, 1993 Call to Order - 7:30 P.M. Swearing-in Ceremony Resident Forum Agenda Approval Approval of Minutes Organizational Items l. Appoint Acting Mayor 2. Designate Official Newspaper 3. Designate Official Depositories 4. Appoint Standing Committees 5. Appoint Commission Chairs 6. Approve Officials' Bonds 7. Adopt 1993 Fee Schedules Discussion Items I 8. Lot Split/165xx Makah Street/Raintree Realty 9. Amended Special Use Permit/16045 Nightingale/Family of Christ Church 10. Variance/13364 Gladiola Street 1l. Eldorado Street Discussion Staff, Committee, Commissions 12. Set Meeting/Junkyard Task Force & City Council Non-Discussion Items 13. Schedule Interviews/park Board & Planning Comm. 14. Amend Motion/Junkyards (December 1st Meeting> 15. Receive Petition, waive Hearing, Order Improvement/ 1805 Andover Boulevard N.W. Mayor/Council Input Approval of Claims Adjournment , REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 5, 1993 TABLE OF CONTENTS SWEARING-IN CEREMONY · · · · · · · · · · · · · · · · · · · · · · 1 RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 ORGANIZATIONAL ITEMS APPOINT ACTING MAYOR (Councilmember Jacobson) · · · · · · · · · · 2 DESIGNATE OFFICIAL NEWSPAPER (Anoka County Union) · · · · · · · · 2 DESIGNATE OFFICIAL DEPOSITORIES Resolution ROOl-93 designating depositories · · · · · · · · · 2 STANDING COMMITTEES AND COMMISSION CHAIRS (Tabled) · · · · · · · 2 OFFICIAL'S BOND. · · · · · · · · · · · · · · · · · · · · · · · · 2 1993 FEE SCHEDULES Resolution R002-93 establishing permit fees & service charges 3 Resolution R003-93 setting service charges ..... · · · · 3 Resolution R004-93 setting rental housing license fees · · · 3 DISCUSSION ITEMS LOT SPLIT/1655XX MAKAH STREET/RAINTREE REALTY Resolution R005-93 granting lot split · · · · · · · · · · · · 3 AMENDED SPECIAL USE PERMIT/16045 NIGHTINGALE/FAMILY OF CHRIST CHURCH Resolution R006-93 granting Amended Special Use Permit · · · 3 VARIANCE/13364 GLADIOLA STREET . . . . · · · · · · · · · · · · · 3 Resolution R007-93 denying variance · · · · · · · · · · · · · 4 ELDORADO STREET DISCUSSION · · · · · · · · · · · · · · · · · · · 4 SET MEETING/AUTO RECYCLING TASK FORCE & CITY COUNCIL (Jan 20) · · 5 PARK BOARD AND PLANNING COMMISSION MEMBERS Motion to reappoint members · · · · · · · · · · · · · · · · · 5 AMEND MOTION AND FEES/JUNKYARDS Motion to change licensing period for three yards · · · · · · 5 Resolution R008-93 setting fees for permits, rezonings, etc. 5 Motion to rebate unused fees for junkyards · · · · · · · · · 6 SANITARY SEWER & WATERMAIN IMPROVEMENT/1805 ANDOVER BOULEVARD Resolution R009-93 declaring adequacy, ordering feasibility . 6 Resolution R010-93 accepting feasibility, ordering improvement 6 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 6 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 6 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 5, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack MCKelvey on January 5, 1993, 7:30 p.m. , at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Planner, Dave Carlberg City Finance Director, Daryl Sulander Other SWEARING-IN CEREMONY Attorney Hawkins swore in the following to the Council: Councilmember Mike Knight and Mayor Jack McKelvey. RESIDENT FORUM Dale StraussberQ, 3422 136th Lane NW - stated in early 1992 the Council had discussed the possibility of a through street from Bunker Lake Boulevard to 136th Lane on the east side of the Professional Building. Their neighborhood petitioned against it and was told it would not be put in unless they were notified and a public hearing was held. He stated surveying stakes are being placed in that vicinity within the last month, and they fear something has been decided without their knowledge. They are still opposèd to a through street to 136th, feeling the increased traffic would be a safety hazard in their neighborhood. Mayor MCKelvey stated there has been discussions of various alternatives for traffic flow through that vicinity. The surveying was done by the county, but nothing has been definitely decided at this time. He stated the residents will be notified and a public hearing held if a through street is proposed. AGENDA APPROVAL Councilmember Jacobson noted the December 15, 1992, Minutes reflect the fee schedule for the auto recycling yards was not changed, nor was the fee of $750 pro-rated for the next six-month period. He recalled it was discussed and generally agreed upon, but no formal action was taken. Council agreed to add the issue of auto recycling fees to Item 14 of the Agenda. MOTION by Knight, Seconded by Perry, to approve the Agenda. Motion carried unanimously. ~~~ I j19J'ì3 Regular Andover City Council Meeting Minutes - January 5, 1993 Page 2 APPROVAL OF MINUTES December 15, 1992: Correct as written. MOTION by Perry, Seconded by Jacobson, approval of the December 15 Minutes as presented. Motion carried on a 3-Yes, 1-present (Knight) vote. ORGANIZATIONAL ITEMS APPOINT ACTING MAYOR Mayor McKelvey recommended Councilmember Jacobson be appointed as Acting Mayor. MOTION by Knight, Seconded by Perry, to so move. Motion carried on a 3-Yes, I-Present (Jacobson) vote. DESIGNATE OFFICIAL NEWSPAPER MOTION by Perry, Seconded by Jacobson, to designate the Anoka County Union as the official newspaper for the year 1993. Motion carried unanimously. DESIGNATE OFFICIAL DEPOSITORIES MOTION by Knight, Seconded by Perry, the Resolution designating depositories of City funds and supplemental depositories of City funds for investment purposes only. (See Resolution ROOl-93) Motion carried unanimously. STANDING COMMITTEES AND COMMISSION CHAIRS Council agreed to table these items until the vacant Council seat is filled. The chairpersons of the Commissions are to remain the same until the next Council meeting. MOTION by Perry, Seconded by Knight, to table Items 4 and 5, and extend the Chairmanships of the Commissions until the new Councilmember is present at the next meeting. Motion carried unanimously. APPROVE OFFICIAL'S BONDS Mayor McKelvey noted the request to renew the Fidelity Bond, #51-78447 for coverage in the amount of $83,478 for the Treasurer as a part of the requirement of the General Obligation Improvement Bonds of 1977. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 5, 1993 Page 3 ADOPT 1993 FEE SCHEDULES It was agreed to table the Resolution on permits and fees until after action on Item 14, Auto Recycling. MOTION by Jacobson, Seconded by Perry, a Resolution establishing permit fees and service charges to be collected by the City of Andover and amending Resolution No. 138-91 setting forth such fees. (See Resolution R002-93) Motion carried unanimously. MOTION by Perry, Seconded by Knight, a Resolution establishing service charges to be collected. (See Resolution R003-93) Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, a Resolution establishing rental housing dwelling licensing fees, inspection fees and reinspect ion fees per Ordinance No. 99. (See Resolution R004-93) Motion carried unanimously. DISCUSSION ITEMS LOT SPLIT/165XX MAKAH STREET/RAINTREE REALTY Mr. Carlberg noted two changes on the proposed resolution to grant a lot split by Raintree Realty, Inc. , at 165xx Makah Street NW as recommended by the Planning and Zoning Commission. Item 1 of the conditions should reference Ordinance No. 10, Section 9.07; and Item 2 should read: "That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section 3E." MOTION by Jacobson, Seconded by Perry, the Resolution granting the lot split request of Raintree Realty, Inc. , to create two parcels as presented and as amended by City Staff. (See Resolution R005-93) Motion carried unanimously. AMENDED SPECIAL USE PERMIT/16045 NIGHTINGALE/FAMILY OF CHRIST CHURCH Mr. Carlberg noted a change on the prepared resolution to grant the Amended Special Use Permit requested by the Family of Christ Lutheran Church to construct an addition to the Church. That change is to Item 1 of the conditions, "The Amended Special Use Permit..." MOTION by Perry, Seconded by Knight, the Resolution granting the Amended Special Use Permit request of Family of Christ Lutheran Church with the amendment as suggested by City Staff. (See Resolution R006-93) Motion carried unanimously. VARIANCE/13364 GLADIOLA STREET Mayor McKelvey reviewed the recommendation of the Planning and Zoning Commission to deny the variance request of David Metz to infringe upon Regular Andover City Council Meeting Minutes - January 5, 1993 Page 4 (Variance, 13364 Gladio1a Street, Continued) the sideyard setback. They also recommended he maintain uniformity with the existing structures in the front yard setback. Mr. Carlberg explained the property to the north has a 25-foot setback, and to the south there is a 35-foot setback. The Building Department has recommended a 29-foot front yard setback to maintain uniformity as required by the ordinance. Mr. Metz has discussed this further with the Building Department, and it was Mr. Carlberg's understanding Mr. Metz is willing to meet those setback requirements. Councilmember Jacobson clarified the Council is not opposed to the lesser setback than the 35 feet as long as it maintains uniformity. Mr. Metz was not present. MOTION by Knight, Seconded by Perry, the Resolution as presented denying the variance request of David Metz. (See Resolution R007-93) Motion carried unanimously. ELDORADO STREET DISCUSSION Mr. Carlberg stated in even further investigation, Staff has found no indication that Eldorado Street was ever accepted as a City street (See December 15, 1992, Regular Andover City Council Meeting Minutes, Page 7). Staff is asking for direction from the Council. Attorney Hawkins advised the City has no obligation to make it a public street or to accept it for maintenance. The ordinance requires frontage on an accepted City street which has been constructed and maintained. Unless the street is accepted, a building permit cannot be issued as is being requested by the Larsens. Jed Larsen - asked that the City open up the road, otherwise the City is creating a hardship for him by not allowing him to use his land as he wishes. He hasn't been able to prove that the City accepted that as a City street, and he has not been able to get his neighbors to agree to have the road improved; so he is being blocked of the use of his own land by the City Council and by his neighbors. Attorney Hawkins stated there has never been a City road in that location, so the City has done nothing that creates a hardship. The only way to get that street is to acquire it through eminent domain, which is very expensive; and all costs of acquisition and upgrading would be assessed back to the people that benefit. Mr. Larsen - felt that not only he but the people who use that as access would benefit from the road, and they should also be assessed. He should not have to shoulder all the costs himself. He asked the City to do a feasibility study to see what the costs would be to accept Eldorado as a street and to upgrade it to current standards. Council directed Engineering Staff to do an in-house feasibility study with estimated costs of such a project. Staff will report the costs to Mr. Larsen. If there is a desire to pursue the project, it is to be brought back to the Council for further consideration. Regular Andover City Council Meeting Minutes - January 5, 1993 Page 5 SET MEETING/AUTO RECYCLING TASK FORCE AND CITY COUNCIL Council agreed that the City Attorney need not be present at a joint meeting with the Auto Recycling Task Force because it is to be an informational session only with no official action to be taken by the Council. Mr. Carlberg was asked to forward the documentation from the Task Force to Mr. Hawkins prior to the meeting for his review and comments on the proposals being suggested by the Auto Recyclers Association. After some discussion on some of the proposals being made by the Auto Recyclers Association, the Council agreed to meet with the Task Force on wednesday, January 20, 1993, 7:30p.m., City Hall, as an informational meeting. APPOINT PARK BOARD AND PLANNING COMMISSION MEMBERS MOTION by Jacobson, Seconded by Perry, that the City Council appoint to the Park Board for three-year terms, Roger Paulson and Jim Lindahl; and to the Planning and Zoning Commission for two-year terms, Randy Peek, Becky Pease, and Bev Jovanovich. Motion carried unanimously. Council also recommended the application of Kirk Nelson for the P & Z be kept on hand in the event an opening occurs during the year. AMEND MOTION AND FEES/JUNKYARDS Mayor McKelvey noted the Council changed the licensing period for the junkyards from July 1 to June 30, effective July 1, 1993; however, three licenses were renewed for the old licensing period. Also, no action was taken to reduce the fees to account for only the six-month licensing period of January 1 to June 30, 1993. Best Auto Parts, Anoka Auto Wrecking and Wilber's Auto Parts have been licensed and paid fees for all of 1993. Attorney Hawkins advised the licensing period can be changed to six months on the condition that all parties agree in writing. MOTION by Knight, Seconded by Jacobson, to make that change if the City gets a letter from each of the previously approved parties accepting that condition. Motion carried unanimously. MOTION by Jacobson, Seconded by Perry, the Resolution setting fees for permits, rezonings, Special Use Permits, variances, platting, license fees, sewer user fees, water fees, lot splits, rental fees and various other fees as presented with the change on the second page under the item called Junkyard Fee Schedule, that the Junkyard License fees as presented will be effective beginning July 1, 1993; and that section only dealing with junkyard fees carry that time schedule. (See Resolution R008-93) Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 5, 1993 , Page 6 (Amend Motion and fees/Junkyards) MOTION by Jacobson, Seconded by Perry, that the City Council refund to the permitted Auto Recycling Yards within the City who have paid a $750 fee for their licenses for 1993, that those fees be pro-rated for one- half year and monies returned to the owners. The reason for this is that the fee schedule will change on July 1, 1993, and that they should only be charged the existing fee for the first half of the year. Motion carried unanimously. RECEIVE PETITION, WAIVE HEARING, ORDER IMPROVEMENT/180S ANDOVER BLVD MOTION by Jacobson, Seconded by Knight, both Resolutions as presented subject to the property owner's understanding what the cost of the improvement is and agreeing to that cost in writing. (See Resolution R009-93 declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and watermain, IP92-30; and See Resolution R010-93 accepting feasibility study, waiving public hearing, ordering improvement and directing City Engineer to notify the property owner of IP92-30) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Jacobson, the approval of Claims for a total disbursement of $276,632.44 as presented. Motion carried unanimously. MOTION by Perry, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting was adjourned at 8:40 p.m. Respectfully submitted, \\~~"~¿l Ma ella A. Peach Recording Secretary