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HomeMy WebLinkAboutCC October 19, 1993 ~ CITY of ANDOVER Regular City Council Meeting - october 19, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Proclamation - Unfunded Mandates Day Presentations to Fire Fighters Discussion Items l. 7:35 PM - Assessment Hearing/92-30/180S Andover Boulevard 2. 7:40 PM - Assessment Hearing/93-1S/L. 11, B. 7, Boundary Comm. Plat 1 3. 7:45 PM - Assessment Hearing/93-19/Lots 7 & 8, Bl. 7, Red Oaks Manor 4th Addition 4. 7:50 PM - Assessment He3ring/92-24/Andover Boulevard 5. Receive Feasibility Report/93-21/Cedar Crest Pond 6. Amended SUP/p~opane Tank/Q-Midwest, Cont. 7. Special Use Permit/Repair Garage/2134 Bunker, Cont. 8. Discussion/Repair Garages/Residential Districts 9. Discussion/2020 MUSA Map Staff, Committees, Commissions 10. 1991 Uniform Fire Code Discussion 11. Authorize Pu"chase of Defibrillators/Fire Dept. 12. Personnel Committee Items 13. Wasteco Land Acquisition Discussion Non-Discussion Items 14. Accept Asses5ment Roll/Waive Hearing/92-29 15. Adopt Assessffip.nt Roll/92-29/Echo woods 16. Declare Cost/Order Assessment Roll/93-22 17. Receive Assessment Roll/Waive Heð.ring/S'.:-2.2 18. Adopt Assessæent Roll/93-22 Mayor/Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 19, 1993 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES (October 5, 1993) · · · · · · · · · · · · · · 1 PROCLAMATION - UNFUNDED MANDATES DAY · · · · · · · · · · · · · · 1 PRESENTATION TO FIREFIGHTERS · · · · · · · · · · · · · · · · 1 ASSESSMENT HEARING/IP92-30/1805 ANDOVER BOULEVARD . Resolution R242-93 approving assessment · · · · · · · · · · · 2 ASSESSMENT HEARING/IP93-15/Lll, B7, BOUNDARY COMMISSION PLAT 1 Resolution R243-93 approving assessment · · · · · · · · · · · 2 ASSESSMENT HEARING/IP93-19/LOTS 8 AND 9, RED OAKS MANOR 4TH Resolution R244-93 approving assessment · · · · · · · · · · 2 ASSESSMENT HEARING/IP92-24/ANDOVER BOULEVARD · · · · · · · · · · 2 Resolution R245-93 approving assessment · · · · · · · · · · · 3 FEASIBILITY REPORT/IP93-2l/CEDAR CREST POND . · · · · · · · · · · 3 Resolution R246-93 ordering feasibility · · · · · · · · · · · 4 Motion to table for further information · · · · · · · · · · · 4 AMENDED SPECIAL USE PERMIT/PROPANE TANK/Q-MIDWEST . · · · · · · · 4 Resolution R247-93 approving Permit · · · · · · · · · · · · · 5 SPECIAL USE PERMIT/REPAIR GARAGE/2134 BUNKER LAKE BOULEVARD . · · 5 Resolution R248-93 approving Permit · · · · · · · · · · · · 6 DISCUSSION/REPAIR GARAGES/RESIDENTIAL DISTRICTS · · · · · · · · · 6 Motion to acknowledge Crooked Lake Tire (Dies for Lack of a Second) · · · · · · · · · · · · · · · · · · · · · · · · 10 Motion to direct Planning Commission to include tire service as home occupation in residential (Fails) · · · · 10 Resolution R249-93 acknowledging Crooked Lake Tire and . allowing continued operation · · · · · · · · · · · · · · 12 Motion to direct P & z to review home occupations ordinance · 12 DISCUSSION/2020 MUSA MAP · · · · · · · · · · · · · · · · · · 12 1991 UNIFORM FIRE CODE DISCUSSION . · · · · · · · · · · · · · · · 13 PURCHASE OF DEFIBRILLATORS/FIRE DEPARTMENT Resolution R250-93 authorizing purchase from PIR Fund · · · · 14 PERSONNEL COMMITTEE ITEMS Motion to authorize pay increases for six positions · · · · · 15 WASTECO LAND ACQUISITION DISCUSSION . · · · · · · · · · · · · · · 15 Motion to enter into Option Agreement · · · · · · · · · · · · 16 NON-DISCUSSION ITEMS Resolution R251-93 accepting Assessment Roll/IP92-29 · · · · 16 Resolution R252-93 adopting Assessment Roll/IP92-29 · · · · · 16 Resolution R253-93 ordering Assessment Roll/IP93-22 · · · · · 16 Resolution R254-93 receiving Assessment Roll/IP93-22 · · · · 16 Resolution R255-93 adopting Assessment Roll/IP92-22 · · · · · 16 MAYOR/COUNCIL INPUT Externalities · · · · · · · · · · · · · · · · · · · · · · 16 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 16 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 16 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 19, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on October 19, 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 TKDA Engineers, John Davidson & Tom Syfko Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others AGENDA APPROVAL MOTION by Knight, Seconded by Perry, approval of the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES October 5, 1993: Correct as written. MOTION by Knight, Seconded by Perry, approval of the Minutes as written. Motion carried unanimously. PROCLAMATION - UNFUNDED MANDATES DAY Mayor McKelvey read the proclamation that the City of Andover endorses the League of Minnesota Cities' efforts to inform citizens of the impact of state and federal mandates on local spending and taxes. The Proclamation also reads the City endorses this year of mandate awareness and will work to educate members of the Congressional delegation and state legislators about the impact of these mandates. PRESENTATION TO FIRE FIGHTERS Mayor McKelvey presented plaques of appreciation to the following who resigned from the Fire Department or Rescue Squad: Randy Bollinger, Pete Nelson, Jim Pierson, Bob Pullis, Barb Schilling, Maris Schilling, and Terry Shaw. Juanita Palo was also presented with a badge as a new member to the Fire Department. ~~~fIIA¡q3 - ~-- Regular Andover City Council Meeting Minutes - October 19, 1993 Page 2 ASSESSMENT HEARING/IP92-30/1805 ANDOVER BOULEVARD 7:43 p.m. MOTION by Knight, Seconded by Jacobson, the Resolution adopting the assessment roll for the Improvement of watermain and sanitary sewer for 1805 Andover Boulevard NW for Improvement project 92-30. (See Resolution R242-93) Motion carried unanimously. 7:44 p.m. ASSESSMENT HEARING/IP93-15/L11, B7, BOUNDARY COMMISSION PLAT 1 7:44 p.m. MOTION by Perry, Seconded by Jacobson, the Resolution adopting the assessment roll for the improvement of watermain for Lot 11, Block 7, Andover Boundary Commission Plat 1 for Improvement Project 93-15. (See Resolution R243-93) Motion carried unanimously. 7:44 p.m. ASSESSMENT HEARING/IP93-19/LOTS 8 AND 9, B7, RED OAKS MANOR 4TH 7:44 p.m. Mr. Haas explained the two property owners petitioned the City to extend the watermain to their parcels as their wells were ready to fail. In addition, the assessment to Lot 9 should be reduced by $102.55 for credit for bituminous installed as a part of the project, as the owner did some of that work himself. MOTION by Jacobson, Seconded by Perry, the Resolution adopting the assessment roll for the improvement of watermain for Lots 8 and 9, Block 7, Red oaks Manor 4th Addition for the Improvement Project 93-19, as presented, with the notation that on Lot 9, the assessment will be $102.55 less due to work by the property owner on behalf of the City. (See Resolution R244-93) Motion carried unanimously. 7:46 p.m. ASSESSMENT HEARING/IP92-24/ANDOVER BOULEVARD 7:46 p.m. Mr. Davidson briefly reviewed the project of sanitary sewer, watermain, storm sewer and bituminous streets with concrete curb and gutter; the total project costs; the policy for paying the assessments; and those not being assessed for sewer and water until they hook up. Carol Christopherson and Mr. Stern asked for the breakdown of their assessments. Mr. Davidson reviewed those calculations. Parcels owned by both parties are being assessed for street and storm sewer only. Only one lot of Mr. Stern is being assessed; the other is defined as a Corps of Engineers wetland and was not assessed. Ms. Christopherson asked why she was being assessed $1,300 for an unusable L-shaped lot that is mostly landlocked. Mr. Davidson explained the lot has 88 feet of frontage and is considered buildable. That lot is receiving only a street and storm sewer assessment at this time. ._~~. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 3 (Assessment Hearing/IP92-24/Andover Boulevard, Continued) Ms. Christopherson asked why it was necessary to put a third sewer hookup on her property behind the garage on Ibis. Mr. Davidson stated if there is enough depth with at least 80 feet of frontage, there is the potential for another buildable lot. Ms. Christopherson expressed displeasure over the assessments, that she had no plans to subdivide her property. She asked for a copy of the assessment roll. Mr. Davidson noted that roll is available from the City Clerk's office. MOTION by Dalien, Seconded by Perry, the Resolution adopting the assessment roll for the improvement of watermain, sanitary sewer, and storm sewer along Andover Boulevard for Improvement Project 92-24 for certification as written. (See Resolution R245-93) Motion carried unanimously. 7:58 p.m. RECEIVE FEASIBILITY REPORT/IP93-21/CEDAR CREST POND Mr. Syfko reviewed the feasibility report for the proposed improvement of a storm sewer outfall pipe from the existing pond north of l72nd Lane. The proposal is to install the pipe going south between property lines to avoid having to tear up the streets. It would be necessary to acquire easement for that alignment. The total project cost is estimated to be $79,420, and he reviewed the proposed assessment area and individual assessment amounts per lot based on square footage. If ordered, the project would be done in the Spring of 1994. Terrv Hausam. 3731 172nd Lane - asked how much he would be assessed, as three-fourths of his property is below the 100-year flood. Mr. Syfko estimated 15,840 square feet would be considered assessable. In discussing the issue, Mr. Haas stated there was no assessment for storm sewer when the roads were improved. That portion of the project was deleted because of the cost. Councilmember Jacobson wondered if there are other options that would be less costly, such as digging the pond deeper. Mr. Hausam - stated it was supposed to have been dug to a depth of between 14 and 25 feet, but they hit water before that. Digging the pond deeper will not solve the problem because it still floods. Councilmember Jacobson wondered if the pond could be enlarged for greater capacity. He wished to present other alternatives at the public hearing. Mr. Davidson thought perhaps the permeability could be improved by cleaning the bottom of the pond. It is a temporary solution, but it has not been done since the pond was developed prior to 1980. Mr. Haas stated there was a problem with high water in the pond in 1986 and now again in 1993. He could not find any record of other work done on the pond, but he thought they used a drag line in 1983 or 1984. Mayor McKelvey and Councilmember Knight also agreed they would like to see cheaper alternatives explored. Mr. Davidson stated the pumping station alternative would be more expensive than the gravity outlet. - -~ . ~.- Regular Andover City Council Meeting Minutes - October 19, 1993 Page 4 (Receive Feasibility Report/IP93-2l/Cedar Crest Pond, Continued) Mrs. Hausam - stated they are requesting a permanent solution, as they have put up with the problem long enough. Trying to clean it for the third time is only a temporary solution. They had an agreement with the City to have the pond pumped when the water got high; but apparently there were some disgruntled neighbors who had the pumping halted. She wasn't sure why the City allowed the pumping to stop; because soon after it was stopped, the water came back up again. She stated something permanent needs to be done. Mr. Hausam - felt that the costs will only increase more in the future if something permanent is not done now. If the neighbors stopped the pumping because they are concerned with the ecology of the pond, why not plug up the two storm sewers that flow to the pond and let the neighbors create their own ponds. They have dealt with this problem long enough. After further discussion, the Council asked that other options be researched that would be less costly that can be presented at the public hearing. Mr. Davidson stated they could have some cost figures available for the next meeting. They will also look at what can be done for the one house that is impacted by the pond in terms of berming and water proofing. MOTION by Perry, Seconded by Dalien, the Resolution ordering the preparation of a feasibility report for the improvements of Storm Drains, Project No. 93-21, in the Cedar Crest Estates, Cedar Crest Estates 2nd Addition, Valley View Estates and Valley View Estates 2nd Addition area as presented. (See Resolution R246-93) Motion carried unanimously. MOTION by Perry, seconded by Dalien, to table the Resolution receiving the feasibility report and calling for public hearing until the next regularly scheduled City Council meeting. Motion carried unanimously. AMENDED SPECIAL USE PERMIT/PROPANE TANK/Q-MIDWEST, CONTINUED Mayor McKelvey explained in viewing the site, he found that the area he had thought would be the best location in the northern parking lot cannot be seen from the counter in the store. Therefore, instead of asking the Planning Commission to review the matter again, he brought it back for Council consideration. The applicant has agreed to change the size of the tank to 500 gallons, to place signs for one parking spot for the filling of propane tanks only, and to move the tank an additional 10 feet from the originally proposed area. Councilmember Jacobson was still concerned with safety in the location proposed. He questioned the need for visibility from the counter, wondering if a security camera could be used instead. As proposed it is still very close to a heavily traveled road and very close to the gas pumps. Mr. Carlberg thought the proposed location meets all the requirements of the State. The county's concern is when they acquire - -- - Regular Andover City Council Meeting Minutes - October 19, 1993 Page 5 (Amended Special Use Permit/Propane Tank/Q-Midwest, Continued) the additional 10 feet of easement on Bunker Lake Boulevard; but moving it back 10 feet resolves that issue. Mayor MCKelvey stated by locating the tank in the north parking lot, it becomes very close to the apartment houses, plus the applicant is not leasing that portion of the property. Dorothv Ritz, one of the owners of 0 Midwest - is concerned with the safety and protection of her employees, and that is why it is important that the tank be visible from the counter inside the store. They have talked with the county and with the Fire Marshal. The state requires the tank to be 25 feet from the pumps, and this location exceeds that. They are within all regulations required. The tank is protected from the streets with curb, berm and concrete, plus it will be one-half of the size originally proposed so it will be 20 feet from Bunker Lake Boulevard. MOTION by Perry, Seconded by Knight, the Resolution approving the Amended Special Use Permit request of Q-Midwest, Inc. to install a 500- gallon above-ground storage tank for the bulk storage of propane as presented. (See Resolution R247-93) Motion carried on a 4-Yes, I-No (Jacobson) vote. Councilmember Jacobson stated he is not against the sale of propane, only against the proposed location of the tank. SPECIAL USE PERMIT/REPAIR GARAGE/2134 BUNKER LAKE BOULEVARD Mr. Carlberg reported after researching the definitions of Trucking and Motor Freight Terminals, that the property at 2134 Bunker Lake Boulevard by definition is neither a trucking nor transportation nor motor freight terminal and never has been. If Mr. Olson has been operating a trucking business since prior to the adoption of the Zoning Ordinance, the operation would be considered a lawfully existing non-conforming use. Because a Special Use Permit goes with the property, if this is granted, Mr. Mistelske or any other tenant could operate a repair garage. Staff and the City Attorney are advising that Mr. Olson should provide the City with a written affidavit with supporting documentation which clearly indicates and states his use of the property prior to the adoption of the Zoning Ordinance in relation to the trucking operation. Councilmember Jacobson asked if it would be unreasonable to require the blacktop parking lot with curb and gutter to be installed yet this year. Mr. Carlberg stated the City could require an escrow, then allow it to be done in the Spring of 1994. There was some discussion on whether or not to restrict the Special Use Permit to vehicles of under 2 1/2 tons. Attorney Hawkins stated the City really does not know what has been taking place on that property, and that is the reason for the request of Mr. Olson to provide an affidavit regarding the use. Any activity that has been taking place since before the enactment of the ordinance will be allowed to continue, including the repair of semi-trucks. He didn't envision the approval of - -_.~- . -...---.-. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 6 (Special Use Permit/Repair Garage/2134 Bunker, Continued) this Permit would allow the repair of semi-trucks by anyone opening a business and repairing trucks for other people. But if there is no limit of vehicle size in the Permit and semi-trucks have not been repaired in the past, it would open up the property to the repair of the semi-trucks as well. MOTION by Jacobson, Seconded by Perry, the Resolution granting the Special Use Permit request of Clifford Mistelske to allow for the continued operation of a repair garage located at 2134 Bunker Lake Boulevard NW, with the following changes in the Resolution: Under Item No.4, The site shall be subj ect to meeting the requirements of Ordinance No.8, Section 8.08, Parking, add that that requirement shall be met no later than May 1, 1994. Add two additional conditions, Condition No.6, that the whole Special Use Permit be subject to Mr. M. R. Olson providing to the City a certified affidavit of his use of the property since his ownership of that portion of the property. Item No. 7, limit the repair garage to two stalls. Also, limit ~he repair to 2 1/2-ton vehicles subj ect to Mr. Olson's affidavit. (See Resolution R248-93) Motion carried unanimously. DISCUSSION/REPAIR GARAGES/RESIDENTIAL DISTRICTS Mr. Carlberg explained the Planning Commission generally agreed to make no change to the ordinance regarding the use of repair garages in residential districts, but they did forward the item of Crooked lake Tire to the Council with the direction that an attempt be made to resolve the issue in the context of settling litigation. In reviewing the provision in Section 5.03 of Ordinance 8, the City Attorney has advised that it would not be appropriate to issue a Special Use Permit for Crooked Lake Tire under that provision. He explained that in an effort to resolve the Crooked Lake Tire issue without amending the ordinance, Staff has prepared a resolution for Council consideration giving special acknowledgement to John Kunza and Crooked Lake tire to allow the continued operation of the tire servicing business. Mayor McKelvey read the resolution and supported it, feeling this is a very unique situation because the City has utilized the service of Mr. Kunza in the past. Attorney Hawkins advised the resolution is not approving a Special Use Permit, just acknowledging the existence and possible difficulties the City may have in enforcing the ordinance due to the lapse of time and the City's involvement; and therefore, the decision is not to enforce the ordinance because of the questionable legal ability to enforce it. He also advised that with this resolution, there is the possibility of other businesses such as this in the City that may claim the same uniqueness at some point in the future. Because it appears that this type of business can be run such that no problems are created, Attorney Hawkins felt the best procedure would be to amend the ordinance to allow the use in residential districtd, but establish the necessary requirements to avoid problems in the future. -"....-..- .._--~- .. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 7 (Discussion/Repair Garages/Residential Districts, Continued) Mayor McKelvey did not consider this business a repair garage, as Mr. Kunza simply sells new and used tires and installs them on cars. He was also located in the area which was surrounding by the Neighborhood Business zoning when the business was first started. Councilmember Perry argued that the 1994 budget calls for a Zone Enforcement Officer, which will mean that the Council may be seeing many of these businesses which have been operating outside of the ordinance. Since the Planning Commission did not recommend a change to the ordinance, and the City Council has agreed that repair garages in residential areas are not what the City wants, her position would be to allow Mr. Kunza to operate for a period of time, perhaps one year, until he can move to an appropriate district for that business. Countering the argument that not allowing these businesses to continue in residential areas is unfair, Councilmember Perry felt it is unfair to the other small businesses that are operating within the law. At this point, councilmember Dalien tended to agree with Councilmember Perry to allow Mr. Kunza to continue the operation for a period of time until he can move to a location where it is legally allowed. John Kunza, 2814 134th Avenue - asked why he would have to move. Why can't he get a Special Use Permit. He didn't find it feasible to move and is willing to challenge it all the way. Councilmember Perry explained the Special Use Permit is for a specific operation that is allowed within the district; and it has been determined that repair garages are not an appropriate use in a residential area. Charlie Veiman, 13646 Crooked Lake Boulevard NW - has dealt with Mr. Kunza for a number of years. Mr. Kunza has the cleanest operation one will ever see. There are never tires around; people are treated kindly and honest. Many people signed a petition; they want Mr. Kunza in business, which is quite a testimonial. He noted that Special Use Permits were given for Sloth's Nursery, the Round Barn and the pottery shop. He didn't feel that allowing this use would be a problem, as there has not been a single complaint against this business in the 17 years it has been operating. He didn't agree with taking a man's business away from him. He didn't feel the Council should put a time limit for Mr. Kunza to move when all of the neighbors want him to stay. The people of Andover care, and it is known that there are many people who are making things, making money and paying taxes from their home occupations. Ken Orttel, 2772 Bunker Lake Boulevard NW - felt this is unique because the City has done business with Mr. Kunza, but more importantly it proves that the ordinance as written is faulty. The impact is on those residents here tonight, many here for the third meeting to endorse Mr. Kunza; and he didn't know of anyone who feels they are impacted negatively by Mr. Kunza's business. Mr. Orttel stated there are scores of these businesses in the City, so this is not a small item. He suggested the ordinance could differentiate between the minor and major automobile services. Typically tires are an accessory and not considered automobile repair. It is not offensive, and Mr. Kunza's Regular Andover City Council Meeting Minutes - October 19, 1993 Page 8 (Discussion/Repair Garages/Residential Districts, Continued) place is one of the cleanest and best maintained in the area. Mr. Kunza began his business after becoming disabled in order to survive. The neighborhood endorses that, so how can the Council tell them it is wrong? The people are saying this should be allowed, and he stated the Council should listen to that. Mike ? . 2815 134th Avenue - stated Mr. Kunza has been the best neighbor ever. No one has asked him or the neighbors about this. They all want Mr. Kunza to stay, and they are the ones who should make that decision. There have been no complaints about the business, and he felt it is terrible that the City is trying to close him down because he is running a business trying to keep his family fed. He supported the resolution read by the Mayor. Another reason for wanting Mr. Kunza in the neighborhood is because of the safety and security factor. As long as he is around all day, every day, they have no problems in the neighborhood with thefts, smashed mailboxes, etc. Everyone knows he is there and feels secure because of him. councilmember Perry explained that as a Council they must make their decision based not only on how it affects Mr. Kunza, but the wide-reaching ramifications of how it affects the entire City. While Mr. Kunza may run a model business, others may not, which then creates problems in other neighborhoods. The Permits noted by Mr. Veiman were all for uses that are allowed in residential areas. This use is not permitted in residential areas and has never been. She would endorse any suggestion as to how Mr. Kunza could be allowed to stay in business legally. Seeing none, she recommended the compromise of allowing him a certain period of time to relocate. Mayor McKelvey saw the resolution prepared by Staff as an acceptable solution to allow Mr. Kunza to continue his operation, again citing the uniqueness of this situation because of the length of the of operation and because the City has done business with Mr. Kunza in the past. Councilmember Perry argued the problem with the resolution per the Attorney is that this could create problems with other businesses. Jerrv Windschitl, 3640 152nd Lane - is in favor of changing the ordinance to allow Mr. Kunza's operation or of approving the resolution to allow this use to continue. This is an unusual situation, plus there has been no complaints on the operation. There clearly hasn't been a problem. A lot of these small businesses have been around for years which even pre-date the City. These businesses are run in a reasonable fashion and there are no complaints about them. If there were complaints, Staff has addressed and solved them. Surely the Council, Staff and City Attorney can either write an ordinance or pass a resolution to allow this operation to continue. Tie it to the fact that the City did business with Mr. Kunza over the years, as he doubted that has happened with any other business. Councilmember Jacobson stated the Council did ask the P & Z to review the ordinance, and the recommendation was not to make any changes. The Council cannot grant a Special Use Permit. He doesn't have a problem with Mr. Kunza, but he shares Councilmember Perry's concerns about the effect of similar uses in other areas of the City. He'd like to find a legal solution to allow Mr. Kunza to continue and still protect the rest of the City. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 9 (Discussion/Repair Garages/Residential Districts, Continued) Councilmember Knight suggested the Planning Commission be directed to insert tire service under the ordinance for that zoning and very carefully define what tire service is, that is include the selling and changing of tires only and not allow the sale of batteries, changing of oil, etc. Tire service would be a specific item and would be very limited. He didn't think there would be a rush of people going into that type of business, but he preferred to deal with this issue through the ordinance. Councilmember Perry was concerned that if the ordinance is changed for this business, the potential is to change it every time someone comes in with a home occupation that has been doing it long enough and hasn't had complaints. She felt the decision must be what is appropriate in a residential district, and it has been determined that tire repair is not appropriate. Mr. Orttel - clarified that the position of the Planning Commission was not to change the ordinance at this time because they felt the issue should be resolved through the legal process; and if that is not possible, they were under the impression that the use would be allowed by Special Use Permit. Now they are being told the Special Use Permit is not an option; but the Planning Commission did not want to change the ordinance because they thought this was already allowed. Once again Mr. Orttel emphasized how clean and neat Mr. Kunza's business is, asking what is wrong with that. He was bothered that the Council is judge, jury and executioner; and all they have to do is to vote to make a change. These types of businesses exist in residential areas of the City. He felt that because of the junkyard situation along Bunker Lake Boulevard, the City has autophobia and is over-reacting to these types of services. The law was made by the Council, and it can be changed by them as well. Donna Kunza - explained Mr. Kunza's knee has gotten worse, and he will have to have a total knee replacement at some point in time. He has been putting that off; but as soon as that is done, maybe in two years, maybe in ten years, he will not be able to do this any more. She stated there is no other job for Mr. Kunza because of his age. Diane ? ,across the street from Mr. Kunza - stated it is not Mr. Kunza's fault that the other businesses in the neighborhood left, so why should he have to leave now? If he is forced out, is the City willing to pay welfare for the family until he can get resettled? Somebody has too. Councilmember Perry explained her proposal was to allow him to continue operation until he could relocate in a proper zoning district. Sherrv Goldmeister, Mr. Kunza's dauqhter - asked why the Council doesn't go after those who are doing bad things rather than picking on somebody who is doing something positive in the community. There have been no complaints about her father, so just leave him alone. Wavne Patchen, 134th Crooked Lake Boulevard - explained how he couldn't even find Crooked Lake Tire the first time he was told about it. He is retired but works for Mr. Kunza on occasion, stating the place is well taken care of with no tires or junk lying around. - -~ ~- + -. Regular Andover City council Meeting Minutes - October 19, 1993 Page 10 (Discussion/Repair Garages/Residential Districts, Continued) Beckv Nash. lives across the street from Mr. Kunza - felt the neighbors are the one who should have the most say, and they have no problem with Mr. Kunza running his business there. It gives her a sense of security knowing her children can go to him whenever there may be a problem because he is always there. She had a problem with the Council making the decision that now he has got to go. None of the neighbors complained about it. Joe? , 13418 Crooked Lake Boulevard - to avoid the concerns of Councilmember Perry about other businesses, could the Council establish some criteria that anyone in business before a given year, say 1980, would be allowed to continue operating? There is also the fact that the City did business with Mr. Kunza. At one point Crooked Lake Boulevard was the main strip into Andover and that was the business area. Harold Larson. 2839 134th - suggested for Councilmember perry's proposal that the time limit for Mr. Kunza to relocate be 30 years! M. R. Olson - commented this is a democracy for the people and by the people. MOTION by McKelvey the Resolution giving special acknowledgement to John Kunza and Crooked Lake Tire to allow the continued operation of a tire servicing business on the property located at 2814 134th Avenue NW, with the stipulations as presented. Motion dies for lack of a Second. MOTION by Knight, Seconded by Dalien, to direct the Planning and Zoning Commission to add tire service to the home occupation category, defining that very carefully and in very limited terms. DISCUSSION: Lorie Larson - asked how this came about. Mr. Kunza ran his business for 18 years and suddenly one day someone comes up with a complaint. Councilmember Jacobson stated he received a complaint from an Andover resident that there was an illegal tire business operating on Crooked Lake Boulevard. He noted it at a Council meeting and asked Staff to investigate it. Mr. Carlberg noted there was one complaint from a person in Anoka¡ but because it was not from a resident, the City did not pursue it. Councilmember Knight explained the reason for his motion is the Attorney has said it would be the most viable legal route to resolve the problem. Mr. Carlberg felt it would be difficult to find the exact wording to avoid serious problems with the use. Mr. Orttel - cited an incident where at least three of the Councilmembers voted for a permit to allow use on property not owned by the applicant to resolve a potential issue, but now the Council can't help Mr. Kunza? Rick Thompson, 134th Avenue - heard a statistic that one out of every five houses in Andover has a business working out of it. His wife sells insurance, a neighbor sells Amway, he hasn't taken his car to a garage in two or three years as all work is done in Anoka and Ramsey in ._-----~. - , Regular Andover City Council Meeting Minutes - October 19, 1993 Page 11 (Discussion/Repair Garages/Residential Districts, Continued) residential garages. By not allowing them, the City is eliminating these people's livelihoods. He didn't want any of his tax dollars going to shutting down people who are only trying to feed themselves. Mayor McKelvey again noted his opinion that the resolution prepared by Staff is the best solution to allow Mr. Kunza to stay in business for those reasons cited earlier. He too believed the Planning Commission did not want to take responsibility for this issue and was asking the Council to resolve it. Attorney Hawkins stated from what he heard this evening, there may be a need to look at the whole issue of home occupations, because the City will face this issue again. May be the answer is to legalize all of them and try to regulate them to some degree so they don't get out of hand. Councilmember Perry agreed they will be going through this process each time an illegal business is found, and that is why she felt some reasonable length of time should be given to allow them to relocate to the appropriately zoned area. She was also opposed to the resolution because it requires the provisions of Ordinance 8, Section 4.30 to be enforced, asking why the City would want to bring attention to these businesses in residential areas with regard to parking, striping, etc. She asked if these types of businesses are allowed to operate out of the home, will they be required to pay commercial business taxes or are they exempted? Attorney Hawkins stated that is an assessment issue that is determined by the county. Councilmember Dalien believed the tax is based on the value of the property and briefly reviewed a portion of the tax code. Councilmember Jacobson had the idea of allowing a grace period where all home occupations operating illegally would register with the City. Those who did register would be granted amnesty, allowing them to continue to operate as a nonconforming use for a period of time, possibly 1/3 or 1/2 of the years they have been in business, before they must relocate or shut down. Those who did not register would be shut down as the Code Enforcement personnel finds them. Mr. Olson - felt the Council had lost all common sense. The Council is elected to represent the taxpayers of Andover. They in the audience are the taxpayers whom the Council is supposed to represent. He suggested a previous State law that anyone working for the government could not run for public office. Councilmember Jacobson countered they are representing every citizen in the City. Tom Barret, 3384 l78th Lane - didn't know Mr. Kunza, but felt these types of issues should be handled on a complaint basis from the neighbors. Several residents shouted they want Mr. Kunza to remain. VOTE ON MOTION: Yes-Dalien, Knight; NO-McKelvey, Jacobson, Perry. Motion failed. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 12 (Discussion/Repair Garages/Residential Districts, Continued) MOTION by McKelvey, Seconded by Knight, reintroducing the Resolution giving special acknowledge to John Kunza and Crooked Lake Tire and allow the continued operation of a tire servicing business at 2814 l34th Avenue, add that no tires be left outside and no batteries or toxic chemicals be on the site. (See Resolution R249-93) Motion carried on a 3-Yes, 2-No (Jacobson, Perry) vote. Council recessed at 10:15; reconvened at 10:20 p.m. The Mayor and Council directed Staff that the City not conduct business with Mr. Kunza or any other illegal business operating within the City. Mr. Carlberg also stated he will contact Mr. Kunza, requesting a letter that the variance be withdrawn. In further Council discussion, it was realized that there may be many other businesses operating in the City which are now illegal but may not necessarily be a problem. They suggested the P & Z again look at the entire home occupation portion of the ordinance and recommend changes if appropriate. MOTION by Knight, Seconded by McKelvey, to direct the Planning and Zoning Commission to look at the whole issue of home occupations and problems that mayor may not exist, and to update it if necessary and make whatever changes or suggestions they feel are necessary. Motion carried unanimously. DISCUSSION/2020 MUSA MAP Mr. Carlberg explained the City was asked by BRW, Inc., to prepare a map of the proposed MUSA to the year 2020 as a part of the study being conducted on the revision to the Anoka County 2010 Transportation Plan. Staff met with TKDA and proposed the MUSA expansion in five-year incremental phasing. Much of the future expansion is proposed to the north of the City Hall site because of the proposed school location immediately to the north and the extension of the trunk line to it. The Mayor's understood that the school district has already purchased or has contracts on the property proposed for the new middle school. Mr. Carlberg suggested if that is the case, that 40+ acres should be designated PUblic/Institutional rather than put into a time frame. Jerry Windschitl, Ashford Development - understood the school district will be paying for half of the cost to extend the trunk line to the proposed middle school. He stated he would be able to pay for much of the remaining costs if his property is included in the same time frame. He has submitted a letter asking for two of his parcels to be included in the same time frame as the school, 1995 - 2000, which provides the assessable area for paying a portion of the trunk costs. He also noted his request for service to property east of Hanson Boulevard should extend to the creek. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 13 (Discussion/2020 MUSA Map, Continued) Several Councilmembers were concerned that the thrust of development in the City appears to be driven by the school district. They didn't think the Council could abandon its commitment already made to others for the development of other areas by extending the trunk sewer northward just to accommodate the school district, then having to develop other areas to pay the other half of the trunk line. It was also noted that the school district has not ever made an application to the City for the extension of the line, so the Council has not been made aware of the need nor the cost. It was asked whether a new school really needs municipal sewer. Mayor McKelvey felt that the new state regulations require municipal utilities. He was also of the opinion that the Metropolitan Council will not be as flexible as in the past in allowing the City to change its MUSA map in any way. He felt it is important that thoughtful planning for development for the next 27 years be put into this map. with all of the policy changes at Metropolitan Council, Mr. Carlberg didn't feel the City would be getting many acres of MUSA per year. Several Councilmembers also noted that more development opens the City up to the demands of that development, and one of the results of the survey of residents when doing the Comprehensive Plan revision was that they wanted the City to maintain its rural character. A suggestion was to make the change on the map of the school property to Public/Institution and to change the time designation on the small triangular piece just north of Bunker Lake to a 1 or 2 to correspond with the adjoining properties, but not make any other changes to the City's current MUSA map. Mr. Carlberg then stated that rather than submitting a revised map to the year 2020 to BRW, that he note the changes suggested to the current map, which is to the year 2010 -- that is the designation of Public/Institution on the 48 acres north of City Hall and the change in time frame for the triangular piece just north of Bunker Lake -- and state in a letter that the City is basically looking at developing 500 acres for each five-year period as its plan. The intent would be to be to develop north along the Hanson Boulevard corridor and east and north of Bunker Lake Boulevard. That will allow BRW to begin their work on the county's Transportation Plan revision. The Council agreed. 1991 UNIFORM FIRE CODE DISCUSSION Fire Chief Dale Mashuga explained the intent of the code is to allow fire and other emergency vehicles access to homes that are under construction. It is a safety concern not only for the home owner and contractors, but for the firefighters as well. The other concern is the availability of water when houses are built before municipal water is installed in the development. He had pictures indicating access problems to houses under construction. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 14 (1991 Uniform Fire Code Discusion, Continued) Mayor McKelvey stated the Development committee discussed this issue this evening, and it was agreed the developers would be required to install some type of road to service houses under construction that are more than 150 feet from an existing road. That will be included in the Developer's Agreement. Contractors and their equipment will not be able to use the roads in the plat until the sewer, water, and blacktop are completed. If the developer wants to construct another service road to construct houses in the interior of the plat, that road must have four inches of Class 5 for the fire trucks to be able to get in. That service road would then be removed once the streets in the plat are completed. It is also the City's intent to have all proposed plats in early so they can be bid early in the spring and the utilities completed as soon as possible. Chief Mashuga stated he was comfortable with what was agreed to at the Development Committee meeting. The Mayor stated the intent is the new policy to provide access at all times will be effective in developments beginning January 1, 1994. Councilmember Knight stated the proposed new road standards will be brought to the Council for consideration at the next meeting. No Council action was taken. AUTHORIZE PURCHASE OF DEFIBRILLATORS/FIRE DEPARTMENT Firefighter Steve Hagstrom reviewed the need for a defibrillator at each of the Fire Stations to provide optimum care in emergency situations, and he summarized the results of their research on the specific defibrillators. The recommendation is to acquire two Physio-Control Lifepack 300 units which can be purchased through the HealthSpan contract. These units are the same as the one they have at Station 1, are easy to operate, have good maintenance provided by the manufacturer, and have many features that are not on other units. Mr. Sulander explained this request was in the 1994 budget. When the budget got trimmed, the intent was to acquire this equipment with PIR Funds. He felt that the use of the equipment is necessary enough that it wouldn't have to wait until 1994 since the funds are available in the PIR fund at this time. That is why it is before the Council this evening. Fire Chief Mashuga also noted that with a defibrillator at each Fire Station, when there is a heart problem, each station will be able to respond independently, which will save on salaries. Right now, Station 1 must always respond to a heart problem regardless of the location in the City, plus Stations 2 or 3 responds if the call is in their area. MOTION by Knight, Seconded by Jacobson, the Resolution authorizing the purchase of defibrillation equipment from the Permanent Improvement Revolving Fund, s presented. (See Resolution R250-93) Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 19, 1993 Page 15 PERSONNEL COMMITTEE ITEMS Councilmember Jacobson summarized the Personnel Committee's review of the salary plan submitted by the Acting Administrator. The Acting City Administrator recommended salary adjustments for the Public Works Superintendent, Treasurer, Planner, Building Inspector, City Clerk, and Code Enforcement, effective November 1, 1993. The proposed increase for all personnel in 1994 would apply to the adjusted salaries for these positions. The plan was analyzed by Cy Smythe, Labor Relations Associates, Inc. , who agrees with the recommended adjustments. The salary increases amount to an additional $2,100 for 1993, which would be taken from the contingency accounts in the General, Water and Sewer Funds. After discussion the proposal, the Council agreed with the recommended salary adjustments. MOTION by Knight, Seconded by Dalien, that the City Council authorize the pay increases for the positions of Public Works Superintendent, Treasurer, Planner, Building Inspector, City Clerk, and Code Enforcement Officer to become effective November 1, 1993, as presented, with the contingency accounts in the General, Water and Sewer Funds used to cover the additional amount for salaries, PERA and FICA expenditures for the remainder of 1993. Motion carried unanimously. WASTECO LAND ACQUISITION DISCUSSION Mayor McKelvey reported Anoka Electric has decided not to relocated in Andover, but will be moving to the City of Ramsey instead. He felt it is still in the City's best interest to purchase the Wasteco land and designate it as a Tax Increment Financing District. The owner is willing to sell at a reasonable price. The owner has said there are no encumbrances on the land and that he would pay the back taxes. Councilmember Jacobson wondered if the City should be using the TIF funding first to completing the redevelopment of the junkyard area, as there is some commitment to the residents that that be done rather than establishing a new district. He felt more consideration needs to be given to the junkyard area before committing to another TIF district. Mayor MCKelvey stated there is no place in the City for businesses to locate now, that additional area is needed. Purchasing the Wasteco property and developing it would generate more taxes that could be used in the junkyard area. Attorney Hawkins reported the City is negotiating an option on the Wasteco property where the City would have the option of purchasing it within the next six months. If the property is purchased, he suggested it may be best to hire an industrial park developer to develop and market it rather than the City Staff doing all of it. After further discussion, the Council generally agreed to negotiate a six-month option with the owner and within that time period, to review the direction the City wants to take with its Tax Increment Funding. ._--~--.-- Regular Andover City Council Meeting Minutes - October 19, 1993 Page 16 (Wasteco Land Acquisition Discussion, Continued) MOTION by Jacobson, Seconded by Dalien, that we authorize the Mayor, City Clerk and Attorney to draft the papers to have the City enter into a six-month Option Agreement to acquire the Wasteco property, money to come out of the TIF fund, at a cost of up to $1,000. Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Knight, Seconded by Jacobson, to approve the following group motion: Item 14 Accept Assessment Roll/Waive Hearing/IP92-29 (See Resolution R251-93) Item 15 Adopt Assessment Roll/IP92-29/Echo Woods (See Resolution R252-939) Item 16 Declare Cost/Order Assessment Roll/IP93-22 (See Resolution R253-93) Item 17 Receive Assessment Roll/Waive Hearing/IP93-22/Sanitary Sewer and Water Area Charges (See Resolution R254-93) Item 18 Adopt Assessment Roll/IP92-22 (See Resolution R255-93) Motion carried unanimously. MAYOR/COUNCIL INPUT Externalities - Councilmember Jacobson suggested the Council and Planning and Zoning Commission meet jointly to discuss the issue of externalities and how to address them as the City develops. During further discussion, it was agreed to first direct the Planning and Zoning Commission to research the issue before holding a joint meeting. Items to be researched should include the question of requiring Environmental Assessment Worksheets, resources the City could go to to find out if a particular parcel is an historical site or has some environmental significance, what other cities are doing or have done in this area, and the effect on development elsewhere when these additional requirements are added to the process. Councilmember Jacobson also agreed to submit to the Staff a list of issues he feels should be addressed. Mr. Carlberg agreed to take the item to the Planning and Zoning Commission. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, approval of Claims in the amount of $228,646.95. Motion carried unanimously. MOTION by Knight to adjourn. Motion carried unanimously. The meeting was adjourned at 12:03 a.m. 'íK.~~ Ma ella A. Peach, Recording Secretary - -.....