HomeMy WebLinkAboutCC March 16, 1993
~ CITY of ANDOVER
Regular city Council Meeting - March 16, 1993
Call to Order - 7:30 P.M.
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Public Hearing/Northglen Street Lights/92-26
2. Special Use Permit/16191 Round Lake Boulevard
3. Ordinance 10, Section 9. 06a (1) Amendment
4 . Discussion - Variances/Round Lake Boulevard
5. Receive Feasibility Study/Eldorado Street/93-4
Staff, Committees, Commissions
6. Approve purchase/Voting Equipment
Non-Discussion Items
7. Award Bid/Pumphouse 14/92-13
8. Approve Final Grading/Hidden Creek East 2nd - 4th
9. Approve "No parking"/University Avenue/92-25
10. Approve Joint Powers Agreement/Andover Boulevard
11. Approve Joint Powers Agreement/Metropolitan Communities
12. Approve plans & Specs/Echo Ridge/92-29 & Jay street/92-18
13. Receive January & February Financial Reports
14. Proclamation/Environmental Protection Day
Mayor-Council Input
Approval of Claims
Adjournment
REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 16, 1993
TABLE OF CONTENTS
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · 1
PUBLIC HEARING: NORTHGLEN STREET LIGHTS/IP92-26 · · · · · · · · 1
Resolution R055-93 ordering improvement · · · · · · · · · · 2
SPECIAL USE PERMIT/16l9l ROUND LAKE BOULEVARD
Resolution R056-93 granting permit · · · · · · · · · · · · 2
ORDINANCE 10, SECTION 9.06A(1) AMENDMENT
Motion to approve · · · · · · · · · · · · · · · · · · · · · 3
DISCUSSION - VARIANCES/ROUND LAKE BOULEVARD . · · · · · · · · · · 3
FEASIBILITY STUDY/ELDORADO STREET/IP93-4 · · · · · · · · · · · · 4
Motion to grant variance (failed for lack of Second) · · · · 6
Motion to table until residents respond · · · · · · · · · · 6
NON-DISCUSSION ITEMS
Approve purchase/Voting Equipment · · · · · · · · · · · · · 6
Resolution R057-93 awarding bid/Pumphouse #4/IP92-13 · · · · 6
Approve final grading/Hidden Creek East 2nd - 4th · · · · 6
Resolution R058-93 approving "No Parking"/University/92-25 · 6
Approve 1993 Union Contract · · · · · · · · · · · · · · · · 6
Approve salary increase/Finance Director · · · · · · · · · 6
Approve Oak Wilt Control plan bid/Kunde · · · · · · · · · · 6
Approve Joint Powers Agreement/Andover Boulevard . · · · · · 6
Resolution R059-93 approving plans & specs/Echo Ridge/92-29 6
Resolution R060-93 approving plans & specs/Jay/IP92-l8 · · · 6
Receive January and February Financial Reports · · · · · · · 6
RESIDENT INPUT . · · · · · · · · · · · · · · · · · · · · · · · 7
JOINT POWERS AGREEMENT/METROPOLITAN COMMUNITIES
Resolution R061-93 approving agreement · · · · · · · · · · · 7
PROCLAMATION/ENVIRONMENTAL PROTECTION DAY
Motion to approve · · · · · · · · · · · · · · · · · · · · · 7
MAYOR AND COUNCIL INPUT
Illegal Business · · · · · · · · · · · · · · · · · · · · · · 8
Meeting with Metropolitan Counci~ Representatives · · · · · 8
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 8
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 8
~ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - MARCH 16, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on March 16, 1993, 7:30 p.m. , at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dalien, Jacobson, Knight, Perry
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins
Assistant City Engineer, Todd Haas
City Planner, Dave Carlberg
City Finance Director, Daryl Sulander
City Administrator, James Schrantz
Others
AGENDA APPROVAL
The following items were added to the Agenda: 6a. Closed Meeting with
City Attorney/Windschitl Litigation; 15. 1993 Union Contract; 16.
Approve Pay Increase/Finance Director; 17. Amended Schedule of Bills;
18. Approve Bid/Oak wilt Control Plan.
MOTION by Knight, Seconded by Jacobson, to approve the Agenda as
amended. Motion carried unanimously.
APPROVAL OF MINUTES
March 2, 1993: Correct as written.
MOTION by Jacobson, Seconded by Perry, approve the Council Meeting
Minutes for March 2, 1993. Motion carried unanimously.
PUBLIC HEARING: NORTHGLEN STREET LIGHTS/IP92-26
7:33 p.m. Mayor McKelvey noted the petition received from the residents
indicated 85 in favor, none against and 28 unavailable. Since then, one
resident has indicated he is now opposed. Mr. Haas then reviewed the
feasibility report of costs and proposed locations of the street lights.
The cost is calculated to amount to $8.28/quarter for each lot in the
subdivision except Rose Park and Lot 33, Block 6, which is Pumphouse #1.
The hearing was then opened for public testimony.
Sherry Rotar, 3529 139th Avenue - asked why the one on 139th is so close
to an existing light. She asked if that light could be eliminated
because of the other one. Mr. Haas stated the existing light is a
private light.
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Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 2
(Public Hearing: Northglen Street Lights/IP92-26, Continued)
Ms. Rotar - stated Silverod is a deadend street, wondering why a light
is needed there. She indicated they are opposed to the project but did
not sign the petition. The Council explained it is an intersection
with traffic, and the policy requires a light there.
Ms. Rotar - asked if the digging in the boulevards will affect the tree
roots. They don't want anything to happen to the large oak trees in
their front yard. She asked about trimming the trees. Staff and Council
explained if the trees are in or close to the boulevard, they will try
to adjust the digging one way or another. There will be no overhead
wires, so only trimming around the street light would be done if needed.
Paul Sanderstrom, 3516 139th Lane - asked if the light could be shifted
to the other side of the street which had no trees, since their side on
which the light is proposed is tree lined. Mr. Haas explained they
attempt to locate the light as close to the electrical outlet as
possible. It becomes costly to move the light across the street. Council
noted there are now 84 lots in favor, 2 opposed, and 27 not contacted.
MOTION by Perry, Seconded by Knight, to close the public hearing.
Motion carried unanimously.
MOTION by Knight, Seconded by Jacobson, the Resolution ordering the
improvement of street lighting, Project No. 920-26, in the Northglen and
Northglen 3rd Addition. (See Resolution R055-93) Motion carried
unanimously. 7:45 p.m.
SPECIAL USE PERMIT/16191 ROUND LAKE BOULEVARD
Mayor McKelvey reviewed the Planning and Zoning Commission's
recommendation to approve the Special Use Permit request of Lindquist
Repair Services, Inc., to continue operating a repair garage on Lot 1,
Block 1, Westview Industrial Park. Mr. Carlberg stated Mr. Lindquist
has been operating at that location for over six years, but no permit
has ever been applied for. There have been no complaints.
Rich Lindquist - stated he has been operating at that location for 6.5
years. The Council noted that the Public Hearing Minutes indicate the
repair garage amounts to 15 to 20 percent of the total business. Because
this is the only auto-related business in that area and the Council did
not want to encourage other similar uses, the recommendation was to
restrict the repair service to less than 50% of the total business.
Mr. Lindquist - stated that was agreeable.
MOTION by Jacobson, Seconded by Perry, the Resolution granting the
Special Use Permit with the change at the bottom of Page 1, Add Point 5
that the Council understands that the vehicle repair business is less
than 50 percent of the total amount of work being done in the shop.
(See Resolution R056-93) Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 3
ORDINANCE 10, SECTION 9. 06 (1) AMENDMENT
MOTION by Perry, Seconded by Knight, the Ordinance amending Ordinance
No. 10, the Subdivision and Platting Ordinance of the City of Andover,
and suggest that we follow the recommendation of the Planning and Zoning
Commission to adopt the changes as presented. Change the word "and" to
lIorll to read " .. .one hundred feet wide as measured at the building
setback line or 90 feet wide for back to back lots..." Motion carried
unanimously.
DISCUSSION - VARIANCES/ROUND LAKE BOULEVARD
Mr. Carlberg asked how the City wants to handle the substandard and non-
conforming lots that will be created by the up-coming road improvement
of CoRd 9 south of Bunker Lake Boulevard. Some houses will be only seven
or eight feet from the proposed right of way line. Does the Council wish
to grant variances? If so, should it be done on as a blanket or on a
lot-by-lot basis. The ACCAP is interested in some of the parcels.
Attorney Hawkins suggested no variances be given, that the homes
basically become non-conforming, which happens in other projects of this
type or whenever an ordinance is changed. If the result of the county
project is such that the house is not marketable, then the county will
have to pay severance damage for it. The portion of the ordinance would
also apply if the non-conforming building is destroyed, meaning it could
not be reconstructed in that same location.
The Council felt where the resulting setbacks are seven or eight feet,
the county should have the house removed, as they considered that a
safety hazard. Plus they did not care for the proposal to fence both
sides of the lots, as it creates a canyon effect down the entire street.
Steve Kline, Assistant Director, Anoka County Community Action Proqram -
stated they were approached by the Highway Department to work with the
housing. Their intent would be to remove the existing houses,
particularly those that access onto CoRd 9. The houses that are
suitable will be relocated to another suitable lot. The concern is on
those lots where the house is removed, resulting in a 70 or 80-foot lot.
The alternatives are to allow the weeds to grow, to sell them to the
adjoining property owners, or, if the Council is agreeable, to design a
floor plan for houses within the setbacks to access off the side
streets. The lots will need to be evaluated as to whether minimal
variances would be suitable on those lots. For their agency to become
involved, the title to the property would have to be conveyed from the
county to the City or its HRA, then conveyed from Andover to the ACCAP
agency as a non-profit group. The City would control what it wants on
those lots. Mr. Schrantz also noted that several residents adjoining
these lots have asked to purchase them.
The Council preferred that the lots be purchased by adjoining residents;
but if some lots are close to the required size, each would need to be
considered individually regarding house plans and possible variances.
Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 4
RECEIVE FEASIBILITY STUDY/ELDORADO STREET/IP93-4
Mayor McKelvey reviewed the background of the Larsons wanting to split
their parcel to build a house on the back portion of their property, but
there is the question of the back area fronting on a public street. He
did find that the 1971 map of Grow Township showed that portion of
Eldorado as a dotted line, and in 1974 it was shown as a solid line. It
appears the Township had intended it to be road, but no record has been
found of the City receiving it.
Mr. Haas reviewed the feasibility report for improving Eldorado Street,
l66th Avenue NW, and Cree Street NW, submitting four alternative plans
of proposed road construction, assessable units, and assessment amounts.
The units to be assessed have been determined by Staff based on
subdividing the properties to meet the ordinance requirements.
Mayor McKelvey reported he met with Mr. Larson and the contract holder
of the other parcel, Mrs. Ken Slyzuk, who received the land from her
grandfather. The abstract shows the portion of the property as road. The
owners recall in 1973 or early 1974, the property owner brought Class 5
and built the road. At that time, Mr. Thompson, who plowed for the City
and privately for others, plowed Eldorado and l66th. It is not clear
whether Mr. Thompson plowed those roads for the City or for the property
owner. Also, until recently, the roads had identification street signs.
The City allowed a duplex to be built at the end of 166th Avenue. It
was the Mayor's opinion that both Eldorado and l66th Avenue should be
upgraded, or that Mr. Larson be allowed to build on the back half of his
property using Eldorado as a driveway since the City already allows two
parties to use that as a driveway. If the project is done and assessed,
one of the property owners would qualify for a deferred assessment.
There was a very lengthy discussion on the item. Councilmembers Perry
and Knight disagreed with the Mayor that the City should allow the
Larsons to construct on the back portion of their property without any
road improvement to Eldorado because it would be a violation of the
ordinances. Because there is no proof that the City owns the road, they
felt it is the decision of the property owners as to whether they want
the road improved. Councilmember Jacobson also felt the owners would
have to plat the property and make the road a part of the plat.
Mayor McKelvey argued it is economically unfeasible for the Larsons to
construct the road themselves; however, the other owners in the area are
not in favor of the road improvement project. He asked if a gravel road
would be allowed. Councilmember Jacobson then suggested this be treated
as any other improvement. without a majority petition, the project will
not proceed. Gravel roads are not allowed by the City any more.
Mr. Larson - argued the question of Eldorado being a City street since
it was on the Township maps and a City employee did plow it. The road
has existed for 20 years. The City allowed houses to be built behind
there which use that road now as their access. Mayor McKelvey stated
there is a question whether the road was plowed for the City or the
contractor was paid by the owner.
Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 5
(Receive Feasibility Study/Edorado Street/IP93-4)
Ken Slvzuk - stated the owner did not pay Mr. Thompson to maintain it.
The Council debated what procedure to take. Councilmember Perry felt it
is a private issue since evidence cannot be found that the City owns the
road, and there is nothing in the ordinance to allow the Larsons to
build in the back with a long driveway.
Mr. Larson - asked whether the Council is saying the City is allowing
his neighbors to say he cannot build his house in the back. The Council
indicated a house can be built when a blacktop road is constructed past
the lot. Staff noted Mr. Larson would have a majority petition to
construct just Eldorado to serve the three potential lots on his
property. The cost would be approximately $29,000.
Mr. Larson - stated he does not want to subdivide the property any
further than the one large parcel behind the existing house. He has a
buyer for the house who wants five acres in the front. He would build
on the remaining parcel. Mr. Haas explained Mr. Larson could petition
as three potential lots without having to subdivide the property.
There was also some discussion about others who could be assessed, as
the residents asked why the duplex wouldn't be assessed since they too
would benefit from the improvement of Eldorado.
Ken Slvzuk - argued the lot with the duplex should be assessed since the
road is being used as a dr i veway now. He also expressed frustration
over the apparent inability to allow Mr. Larson to build on the back of
his property without incurring a huge financial burden. What right does
the City have to create a hardship on someone so he cannot use his own
property? Because the City has already allowed two homes back there, he
asked what harm is one more home going to do. If allowed to build and
use Eldorado as a driveway, the City receives the additional tax revenue
without incurring any expenses. He saw it as a win-win situation for
the City. He didn't see the justification for what the Council was
requiring, noting other similar situations that have been allowed in the
City in the past. He noted the road was graded and plowed by the City
when it was a township, and until recently was signed.
Mr. Larson - also stated the other residents won't sign a petition, that
they are waiting for him to pay for the road so they can then develop
their properties. He is asking for one house that will not affect
anyone else, plus he would maintain the road.
Council noted that the same ordinances have been upheld in other
situations. Attorney Hawkins also advised that the requirements must be
met unless a variance is granted or the ordinance changed. Council
noted a variance cannot legally be granted because of economic hardship.
Mr. Slvzuk - claimed the City's requirements are what is making the
hardship. Many of the problems weren't created by the Larsons, again
asking what is the harm of allowing one more house back there. How can
the City justify denying this when it looses nothing?
Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 6
(Receive Feasibility Study/Edorado Street/IP93-4)
Councilmember Perry explained the evolution of the ordinance
requirements and the importance of enforcing them uniformly. After
further discussion, another possible alternative for the project was
suggested by Staff. That would be to construct Eldorado Street to l66th
and l66th Avenue to the existing duplex. Staff presumed the cost would
still remain about $10,000 per unit.
MOTION by McKelvey to give the Larsons a variance and let them build on
the gravel road as long as there are already two houses back there.
Motion dies for lack of a Second.
MOTION by Perry, Seconded by Jacobson, to table the item and allow the
Larsons to consider the four alternatives and corne back to the Council
if and when they want to proceed with one of them. Motion carried on a
3-Yes, 2-No (McKelvey, Knight) vote. Councilmember Knight stated he was
not opposed to holding a public hearing on this item.
NON-DISCUSSION ITEMS
MOTION by Jacobson, Seconded by Perry, in the affirmative for:
Item No. 6 Approving the Purchase of Voting Equipment; that the
funding for that corne from the PIR Funds (DISCUSSION:
Sulander stated he will prepare a Resolution for
funding through the PIR Fund for the next regular
meeting)
Item No. 7 for the low bid on the pumphouse #4/IP92-13 (See
Resolution R057-93)
Item No. 8 Approve Final Grading/Hidden Creek 2nd - 4th
Item No. 9 Approve "No parking"/University Avenue/IP92-25 (See
Resolution R058-93)
Item No. 15 Approve 1993 Union Contract Settlement
Item No. 16 Approving the Salary Increase for Finance Director
Item No. 18 the Low Bid for the Oak wilt Control Plan (Kunde
Company, Inc. )
Motion carried unanimously.
MOTION by Jacobson, Seconded by Perry, in the affirmative for:
Item 10 Approve Joint Powers Agreement/Andover Boulevard
(DISCUSSION: Attorney Hawkins advised Items 6, 7, 8, 9
and 10 on Page 3 of the contract be deleted.) be
approved with those items deleted unless the county
provides a good legal reason for being there, subject to
the City Attorney's review of any legal changes
Item 12 Approve Plans and Specs/Echo Ridge/IP92-29 (See
Resolution R059-93) and Jay Street/IP92-18 (See
Resolution R060-93)
Item 13 Receive January and February Financial Reports
Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 7
RESIDENT INPUT
A resident in the audience stated he was watching the discussion on the
Eldorado Street project and became so upset that he had to drive over to
the meeting. He was infuriated over what he perceived as the Council
being very inflexible with a resident. Mistakes were made and the
resident had some legitimate points. He commended the Mayor for trying
to do the right thing. Councilmembers explained the inability by law to
grant variances for economic purposes, the importance of enforcing the
ordinances even in uncomfortable instances, that the policy has been for
each subdivision to pay for their own roads, that the cost in this case
is higher because of the large lots, and that the City has been working
with the Larsons in an effort to resolve their situation.
The resident also brought up several other issues from the handling of
the exit from Woodland Creek 3rd to Bunker Lake Boulevard, the
embarrassing duplexes in Red Oaks, and the enforcing of other
ordinances. Council addressed each issue, and especially encouraged
residents to contact the City if they notice code violations.
Another resident defended the Council on the Eldorado Street issue,
stating he had attended the other meetings where this was addressed.
This is a unique problem and commended the Council for sticking up for
the ordinances.
The Council recessed at this time to meet in a closed meeting with the
City Attorney regarding the Windschitl litigation; 9:32 p.m.; reconvened
at 9:52 p.m.
APPROVE JOINT POWERS AGREEMENT/METROPOLITAN COMMUNITIES
Mayor McKelvey explained the agreement is to create an Anoka County
Chapter of the North Metro Mayors' Association. The NMMA consists of
The City of Minneapolis and others to the north. The intent is to do
the lobbying necessary as a group. Mr. Schrantz pointed out the Joint
Powers Agreement entitles the City to two directors on the Board of
Directors.
MOTION by Knight, Seconded by Perry, approval of the Joint Powers
Agreement to form a Coalition of Metropolitan Communities as presented.
(See Resolution R061-93) Motion carried unanimously.
PROCLAMATION/ENVIRONMENTAL PROTECTION DAY
Mayor McKelvey read the prepared proclamation. Donations have been made
to feed the volunteers, so there will be no cost to the City for the
proj ect.
MOTION by Perry, Seconded by Dalien, to accept the Environmental
Protection Day proclamation as presented. Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - March 16, 1993
Page 8
MAYOR AND COUNCIL INPUT
Councilmember Jacobson brought to the Staff's attention an illegal
business operating as Crooked Lake Tires, one block north of the Coon
Rapids City line. The business is operating out of the garage in a
residential neighborhood. Staff was directed to look into the matter.
Mayor MCKelvey reported he and Mr. Schrantz will be meeting with
representatives of the Metropolitan Council within a week. He felt the
letter from Tony Emmerich requesting MUSA expansion for the existing
Hills Development cannot be addressed until after that meeting. Council
agreed.
APPROVAL OF CLAIMS
MOTION by Perry, Seconded by Knight, the Schedule of Bills dated 3-12-93
and amended on 3-16-93 in the amount of $197,139.43. Motion carried
unanimously.
Mr. Schrantz suggested Councilmembers contact him if they wish to attend
the Metropolitan Development and Investment Framework workshop on March
31, 1993,
MOTION by Jacobson to adjourn. Mayor McKelvey declared the meeting
adjourned at 10:18 p.m.
Respectfully submitted,
~~~L
Recording Secretary