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HomeMy WebLinkAboutCC July 19, 1994 ~ CITY of ANDOVER Regu~ar C1ty CounC1~ fteet1ng - Ju~y i~. i~~4 Call to Order - 7:00 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes "Discussion Items l. Public Hearing/Quickstrom Addition Watermain/94-17 2. Presentation of 1993 Annual Report 3. Hartfiel's Estatesj94-6, Cont. 4. Special Use permit/Steps of Success Homes 5. Special Use Permit/PUD/Dynes/3155 Bunker Lake Boulevard 6. Special Use Permit/Repair Garage/1716 Bunker Lake Boulevard 7. Preliminary plat/Andover Center 8. Final Plat/Andover Center 9. Preliminary Plat/Jonathan Woods 10. Preliminary Plat/Woodland Pond 2nd Addition EDA Meetin! 11. Sale 0 Commercial Lots Non-Discussion/Consent Items 12. Approve 1994 CDBG Subgrantee Agreement 13. Approve Kennel License Renewal/Dover Kennels 14. Adopt Sexual Harassment policy 15. Authorize Bid Sale of Used City Equipment 16. Award Bid/Kelsey-Round Lake Park 17. Award Bid/pine Hills/93-lS 18. Award Bid;Sealcoating/94-l5 19. Order Feasibility Report/94-20/Ditch 37 20. Release Escrow/93-31~ioodland Creek 4th 21. Re1aase Escrow/93-12/Hills of Bunker Lake 5th 22. Approve Revised Grading, Drainage, Erosion Control Plan/ Hills of Bunker Lake 5th 23. Accept Petition/94-21/13920 Crosstown Boulevard NW 24. Accept Feasibility Study/94-21/13920 Crosstown Boulevard ~~¡ 25. Rescind 'No parking' Resolution/Crocus & 141st Avenue 26. Approve 'No Parking' Resolution/Yukon & 140th 27. Fox Woods Drainage 28. Speed Study Results/Woodland Meadows 29. Approve Revised Grading, Drainage, Erosion Control Plan/ woodland Pond 30. Receive June Financial Statement Mayor/Council Input payment of Claims Adjournment --- -- . --~ . -. . .- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 19, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Resolution R145-94 approving preliminary plat/Andover Center · 3 Resolution R146-94 approving final plat/Andover Center · · · · 3 Approve 1994 CDBG Subgrantee Agreement · · · · · · · · · · · · 3 Approve kennel license renewal/Dover Kennels · · · · · · · · · 3 Authorize bid sale of used city equipment · · · · · · · · · · · 3 Resolution R147-94 awarding bid/Kelsey-Round Lake Park · · · · 3 Resolution R148-94 awarding bid/Pine Hills/IP93-18 · · · · · · 3 Resolution R149-94 awarding bid/sealcoating/IP94-15 · · · · · · 3 Resolution R150-94 ordering feasibility/IP94-20/Ditch 37 · · · 3 Release escrow/IP93-3l/Woodland Creek 4th · · · · · · · · · · · 3 Release escrow/IP93-12/Hills of Bunker Lake 5th · · · · · · · · 3 Resolution R151-94 approving revised grading plan/Hills of Bunker Lake 5th · · · · · · · · · · · · · · · · · · · · · · 3 Resolution R152-94 accepting petition/IP94-21/13920 Crosstown · 3 Resolution R153-94 accepting feasibility/94-21/13920 Crosstown 3 Rescind "No parking" Resolution/Crocus and l41st · · · · · · · 3 Fox Woods drainage · · · · · · · · · · · · · · · · · · · · · · 3 Speed study results/Woodland Meadows · · · · · · · · · · · · · 3 Resolution R154-94 approving revised grading/Woodland Pond · · 3 Receive June financial statement · · · · · · · · · · · · · · · 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 3 PUBLIC HEARING: QUICKSTROM ADDITION WATERMAIN/IP94-17 · · · · · · 3 Resolution 155-94 ordering improvement · · · · · · · · · · · · 4 PRESENTATION OF 1993 ANNUAL REPORT · · · · · · · · · · · · · · · · 4 Motion to receive report · · · · · · · · · · · · · · · · · · · 5 HARTFIEL'S ESTATES/IP94-6 · · · · · · · · · · · · · · · · · · · · 5 Resolution R156-94 ordering improvement · · · · · · · · · · · · 7 SPECIAL USE PERMIT/STEPS OF SUCCESS HOMES · · · · · · · · · · · · 7 Resolution R157-94 granting Permit · · · · · · · · · · · · · · 8 SPECIAL USE PERMIT/PUD/DYNES/3l55 BUNKER LAKE BOULEVARD Resolution R158-94 granting Permit · · · · · · · · · · · · · · 8 SPECIAL USE PERMIT/REPAIR GARAGE/1716 BUNKER LAKE BOULEVARD. · · · 8 Motion to approve with conditions (Dies for lack of Second) · 10 Resolution R159-94 granting Permit · · · · · · · · · · · · 10 PRELIMINARY PLAT/JONATHAN WOODS . · · · · · · · · · · · · · · · · 10 Resolution R160-94 approving plat · · · · · · · · · · · · · · 11 PRELIMINARY PLAT/WOODLAND POND 2ND ADDITION Resolution R161-94 approving plat · · · · · · · · · · · · · · 11 "NO PARKING"/YUKON AND 140TH · · · · · · · · · · · · · · · · · · 11 SEXUAL HARASSMENT POLICY Motion to adopt · · · · · · · · · · · · · · · · · · · · · · 12 MAYOR/COUNCIL INPUT Anoka marching band . . · · · · · · · · · · · · · · · · · · · 12 School bond issue levy · · · · · · · · · · · · · · · · · · · 12 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · 12 - ---~ -.-- .----.-.-.---- _ r~o~:":< -:-~'::;~-" , ."~,. ",', ~,:'- .. ,- . . . _.- '-' "f") CITY of ANDOVER "\, .I.. ~/ 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 19, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack MCKelvey on July 19, 1994, 7:00 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 Engineer, John Davidson Assistant City Engineer, Todd Haas City Planning Director, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Kathv Forman, 1336 142nd, Old Colonv Estates - received a letter from the City about a boulevard encroachment. They have a split rail fence around shrubs and trees, which was put in when they moved there in 1990. She talked with the City Code Enforcement Officer, Jeff Johnson, who stated the regulation was just adopted. She had pictures showing their landscaping. There is a light post closer to the curb than her fence, which she felt should also have to be removed if she has to remove her fence. The fence is back far enough that the snow plow doesn't get near it, so she didn't see the need to move it. It would be a hardship for them to have to move the split rail fence. She asked if they could be grandfathered in since it was up before the ordinance was passed. This also affects a number of their neighbors. Mr. Carlberg stated the ordinance was passed in May, 1991; but it was the policy before that not to encroach into the boulevards. Ms. Forman - again noted her fence was up before the ordinance was passed; and since it has been up for four years and is causing no harm, there is no need to tear it down. She stated this is ridiculous. They called the City before installing the fence and were told it was all right. Now they are being told it is not all right and must spend money to move it. Mr. Forman - stated they were given permission to do this, as he talked with Frank Stone in the City. Mr. Stone didn't have a problem with what they did. They have about $500 to $600 worth of landscaping inside the split rail fence. Does that have to be moved also? Mr. Carlberg stated the ordinance applies to all structures, shrubs, rocks, etc., in the boulevard. Trees are allowed if they are over a 24 inches in diameter and have been there since 1970, unless it is a site problem on a corner. He was not sure if there was misinformation given in 1990. /1l~~""-~ .9'J"'¡qIf- --- - --- .... ~.__. ._-~.-..-------- Regular Andover City Council Meeting Minutes - July 19, 1994 Page 2 (Resident Forum, Continued) Mr. Forman - wondered why their contractor was given permission by the City to plant boulevard trees. The letter did not refer to the trees and shrubs. He thought if the others had known about the trees, there would have been many more residents here this evening. Mr. Carlberg stated some cities allow that. Andover has never required the planting of boulevard trees. Discussion continued with the Formans on their request to be allowed to keep their fence and landscaping. The Council, however, explained the liability factor if such items were allowed in the boulevard, which is why the ordinance was enacted. They noted it has never been the policy to allow anything in the boulevards. There is also the concern that allowing exceptions to the ordinance would set a precedent and make it difficult to enforce the ordinance. The Formans asked what can be done to get the ordinance changed. They felt other residents would come in on this issue as well. The date they were given to remove the fence is prior to the next Council meeting. They would be willing to sign a something not holding the City liable should there be a problem as a result of their landscaping in the boulevard. The Council urged them to contact City Staff about their request for an extension and to get a copy of Ordinance 95 as to exactly what is allowed and not allowed in boulevards. Hubert Smith, 13309 Jav St. - received the same letter about a nuisance in the boulevard. He places an antique farm wagon at the end of the driveway about eight feet off the curb each summer with about $150 worth of plants. He moves it out of there each fall, so it is not in the way for snow plowing. If he moves it further into the yard, they can enjoy it, but the rest of the City cannot. It is a beautiful thing, and they have had many comments on it. He felt the City is getting a little carried away in its growing pains. He talked with the Code Enforcement Officer, who had received no complaints about it. The Officer stated he is doing what he was hired to do. Mr. Smith stated he would much prefer that the City enforce the code violation about the tall grasses along the ponds on 133rd. If there is to be code enforcement, the City should be made to enforce the same rules against itself. Council again noted the liability if it knowingly allows something in the boulevard that could cause harm. They also related some incidents of lawsuits in which the City lost even though the parties making the suit were acting contrary to City ordinances. No action was taken. AGENDA APPROVAL Move Items 7, Preliminary Plat/Andover Center, and 8, Final Plat/ Andover Center, to the Consent Agenda. Pull Items 14, Adopt Sexual Harassment Policy, and 26, approve uNo Parking" Resolution/Yukon and 140th, from Consent Agenda for discussion. Mayor McKelvey asked for a motion to approve the Agenda as amended. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. - ..- -._~--.._~ Regular Andover City Council Meeting Minutes - July 19, 1994 Page 3 CONSENT AGENDA Item 7. preliminary Plat/Andover Center (See Resolution R145- 95) Item 8. Final Plat/Andover Center (See Resolution R146-94) Item 12. Approve 1994 CDBG Subgrantee Agreement Item 13. Approve Kennel License Renewal/Dover Kennels Item 15. Authorize Bid Sale of Used City Equipment Item 16. Award Bid/Kelsey-Round Lake Park (See Resolution R147- 94) Item 17. Aware Bid/Pine Hills/IP93-18 (See Resolution R148-94) Item 18. Award Bid/Sealcoating/IP94-15 (See Resolution R149-94) Item 19. Order Feasibility Report/IP94-20/Ditch 37 (See Resolution R150-94) Item 20. Release Escrow/IP93-31/Woodland Creek 4th Item 21. Release Escrow/IP93-l2/Hills of Bunker Lake 5th Item 22. Approve Revised Grading, Drainage, Erosion Control Plan/Hills of Bunker Lake 5th (See Resolution R151-94) Item 23. Accept petition/IP94-21/l3920 Crosstown Boulevard NW (See Resolution R152-94) Item 24. Accept Feasibility Study/IP94-21/13920 Crosstown Boulevard NW (See Resolution R153-94) Item 25. Rescind "No Parking" Resolution/Crocus and 141st Avenue Item 27. Fox Woods drainage Item 28. Speed Study Results/Woodland Meadows Item 29. Approve Revised Grading, Drainage, Erosion Control plan/Woodland Pond (See Resolution R154-94) Item 30. Receive June Financial Statement MOTION by Perry, Seconded by Jacobson, the Consent Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES July 5, 1994, Regular Meeting: Correct as written. July 5, 1994, HRA Meeting: Correct as written. July 5, 1994, EDA Meeting: Correct as written. June 30, 1994, Special Meeting: Correct as written. MOTION by Jacobson, Seconded by Perry, approve the three sets of Meeting Minutes for July 5 as presented. Motion carried on a 4-Yes, 1-Present (Knight) vote. MOTION by perry, Seconded by Dalien, the Special City Council Meeting Minutes of June 30. Motion carried unanimously. PUBLIC HEARING: QUICKSTROM ADDITION WATERMAIN/IP94-17 7: 40 p.m. Mayor McKelvey noted the petition from the residents in Quickstrom Addition of six in favor, zero against, and five unavailable for comment. Mr. Davidson then reviewed the proposed project, which is ~ - -- - --- ~~.._._-- Regular Andover City Council Meeting Minutes - July 19, 1994 Page 4 (Public Hearing: Quickstrom Watermain/IP94-17, Continued) being initiated by the developer on the north side of 142nd Avenue NW, Woodland Pond 2nd Addition. The watermain will run along the north edge of the roadway, with service provided to the south side by either open cut or jacking under the road. Both methods will be bid to determine which would be the most cost effective. Because this project runs past pre-existing development, Staff is recommending the assessments against them not be levied until they connect to the system. The residents will not be forced to hook up to City water until they want to. The north side of 142nd Avenue will be replaced with concrete curb and gutter, with that cost assessed against the developer of Woodland Pond Second Addition. Mr. Davidson then reviewed the area, connection and lateral charges for the project. The total estimated cost to hook up to the watermain would be $4,142.84 based on 1994 rates. The area and connection charges are adjusted each year on January 1. The intent is the City would carry these costs without interest until it is connected. One resident asked if they will replace any sod that is dug up. That was not done during the street and sanitary sewer project, even though they said it would be done. Mr. Davidson stated it will be done in this project. Another resident asked what his cost will be if he hooks up four years from now. Mr. Davidson stated he could not predict the rate of increase for area and connection charges, but it has never gone down. A woman asked about the ability to get concrete curb and gutter on their side of the street. Mr. Davidson stated that would be done only by petition of the majority of the residents. That is not a part of the discussions this evening. If it were petitioned and done as a part of the project, it would be assessed immediately. Mayor McKelvey asked if anyone wanted to change their vote on the petition. There was no response. MOTION by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. 7:50 p.m. MOTION by Knight, Seconded by Perry, the Resolution presented ordering the improvement of watermain, Project No. 97-17, Quickstrom Addition/142nd Avenue NW, with the costs to be deferred until it is hooked up. (See Resolution R155-94) Motion carried unanimously. PRESENTATION OF 1993 ANNUAL REPORT Bill Lauer, audit manager for Malloy, Karnowski, Radosevich and Company, reviewed the opinions issued on the financial condition of the City. They gave a clear opinion of the overall financial situation with the exception that they did not audit the fixed assets. He also noted the findings that the City does not maintain general fixed assets records and that the bids are not retained for the specific amount of time by the consulting firms. He also highlighted some items from the management report. --- -.-- --.-.-,-.---- Regular Andover City Council Meeting Minutes - July 19, 1994 Page 5 (Presentation of 1993 Annual Report, Continued) Mr. Sulander explained with the utility billing be contracted to Anoka Electric, that personnel will be able to accumulate the information and established a record of fixed assets as well as run the special assessments that have been contracted in the past. In 1993 the budget was revised several times to recognize the additional building permit revenue. With that, there was an effort to increase the fund balance in order to continue the cash flow in the first six months of the year. The water and sewer budgets will get close to the break even point in 1994. There were many times this spring when the water supply was intolerably low according to fire standards. There is a critical need for the fifth well in order to provide adequate water service. The water and sewer fund budgets for 1995 will be presented proposing an increase in rates to users. Though the report on the 1993 operations is very favorable, he noted there are several areas that will need to be addressed in the 1995 budget. MOTION by Jacobson, Seconded by Dalien, that we receive the report. Motion carried unanimously. Mr. Sulander asked for Council direction on whether to extend the contract with Malloy, Karnowski, Radosevich and Company for a fifth year or to rebid the service. Council generally felt that it would be good for the City to rebid the service. HARTFIEL'S ESTATES/IP94-6, CONTINUED 8:15 p.m. Mr. Davidson explained they held a special meeting with the residents. Mr. Gorham, the developer of Fox Woods, agreed to increase his participation in the project, which reduces the street assessment to all of the lots in Hartfiel's Estates by about $564. Mr. Hartfiel also agreed to forego his credit from Mr. Gorham on 10 of his 12 lots and allow that to be spread to all the other lots. Two of the lots are sold on contract for deed. That reduces the assessments to the residents another $122.70. The estimated cost per unit, then, for streets and storm sewer would be $4,797.50. The connections for sewer and water would remain the same based on the 1994 area and connection charges. Mr. Smith, the developer of Sharon's Second Addition, indicated he would not be interested in participating, that his plat would stand alone. Linda Lee Even, 14559 Drake Street NW - didn't understand why they can't be given the complete price on Hartfiel's Estates alone without the developments being done with it. Why should they have to pay for the developers' streets across from Andover Boulevard. Mayor McKelvey explained the residents are only paying for the streets in front of their lots. The developments south of Andover Boulevard will stand alone. Mr. Davidson stated the hope is to go out for bids at once for Hartfiel's, Sharon's Second Addition, Fox Woods, Foxberry Farms and Jonathan Woods, the last two being south of Andover Boulevard. But they will be bid as two separate projects. - -~~~-_._--.-....------ Regular Andover City Council Meeting Minutes - July 19, 1994 Page 6 (Hartfiel's Estates/IP94-6, Continued) Mr. Even - stated the vote was taken not knowing the exact amount of the cost, which will only be known after the fact. Mr. Davidson explained the process, noting the policy is the residents will be called back for another hearing if the bid price is more than five percent of the estimate given to the residents. Mr. Even - asked how they can be assessed for two lots now when it was originally proposed to be one lot. Mr. Davidson stated at the public hearing they didn't know if it was one lot or two for Block 3, Lots 1 and 2. The survey crew then determined that with the location of the house on the two lots, it is possible to have the property lines rearranged by moving the line 20 feet to enlarge Lot 1 and to create a buildable lot with a minimum of 80 feet of frontage and 130 feet of depth, which is allowed by ordinance. Mr. Davidson also noted that it was verified that the house sits on the middle of Lots 5 and 6, so those will be assessed as one lot. Ms. Even - stated she bought the house and two lots as one piece of property. The drainfield is on the other lot. She has no intention of dividing it and has landscaped the whole thing. She moved to Andover for peace and quiet and a little more space. She couldn't imagine wanting neighbors. In looking at a plat map recently, there is no indication that the two lots could be divided into another buildable lot. She bought the lots as one parcel. Discussion continued with the Evens about the changes in the ordinances, the requirements at the time Hartfiel's was developed, the minimum requirements of sewered lots, the lot split ordinance and the reasons only one lot split is allowed in a three-year period, how ordinances are changed and the public hearing process for those changes, and on the effect on the assessments to the remaining subdivision if one lot is eliminated from the project. Mr. Davidson stated the cost would increase to all the other parcels in Hartfiel's by about $180 if the total $11,000 assessment against one of these lots is spread evenly. Pro-rating only the street and storm sewer assessment for the Even's one lot against the other lots would increase the other lots by about $75. Councilmember Jacobson stated if the City would treat these two lots as one for assessment purposes, the City would have to have some legal document signed by the property owners that the lots would never be split into two buildable parcels. Ms. Even - stated she bought them as one lot; the house is sitting on both lots; and they would be willing to sign documents that a buildable parcel would never be split from their lots. Mayor McKelvey then noted the petition from the subdivision of 30 in favor of the project, l7 against, and 8 unavailable. He asked if any one wanted to change their vote. Regular Andover City Council Meeting Minutes - July 19, 1994 Page 7 (Hartfiel's Estates/IP94-6, Continued) Randv Welter, 14590 Bluebird - questioned the assessment for sanitary sewer since it has already been put in past his two lots on Bluebird. He asked why he would be assessed for the sewer work back in Hartfiel's. Mr. Davidson explained the sewer is already in Bluebird, but he was not assessed for that. He will be assessed for sewer the same as everyone else in Hartfiel's, as he is getting the same benefit. Mr. Davidson explained in some detail how the lateral, area and connection charges are determined and the reason for those charges. Mr. Welter will be assessed for sewer and water only when he connects to the system. MOTION by Perry, Seconded by Da1ien, to close the public hearing. Motion carried unanimously. 8:48 p.m. Attorney Hawkins advised that the property owners for Lots 1 and 2 could sign a restrictive covenant which is recorded with the county indicating that there would never be another buildable parcel split off from these lots, and that would run with the land. In the future the City would be able to rely on that covenant to deny any lot split request. Councilmember Jacobson again noted that by accepting this, everyone else in the subdivision will realize about a $75 increase in their costs for streets and storm sewers. The other Councilmembers indicated a willingness to treat the two lots as one as long as the City gets the written agreement. Mr. Haas suggested such a restrictive covenant be recorded before the assessment hearing on this project. Ms. Even indicated she never wants to divide the lots and would have a lawyer draw up the restrictive covenant. MOTION by Jacobson, Seconded by Perry, the Resolution as presented with the addition under the WHEREAS, Lots 1 and 2 of Block 3 be, for assessment purposes, combined into one lot under the condition that the property owner provide to the City written documentation prior to the assessment hearing of a restrictive covenant indicating that the Lots 1 and 2 cannot be subdivided or resplit at any future date. (See Resolution R156-94) DISCUSSION: Paul Witte!. 1522 146th Lane - stated since they are getting assessed for all of this and increasing their values, what about the park that is supposed to be going in there and Outlet A, which is filled with rock and other things. Will that get cleaned up? Mr. Haas stated the park is wetlands and most likely will never be developed. If there is a problem with maintenance, they should call City Hall. He will have the Code Enforcement Officer inspect the property and start the procedure to have any problem corrected. Motion carried unanimously. 9:08 p.m. SPECIAL USE PERMIT/STEPS OF SUCCESS HOMES Mr. Carlberg reviewed the Special Use Permit request of Steps of Success Homes to operate a group foster home for 14 girls, ages 12 to 17, at 3290 165th Lane. The Planning and Zoning Commission recommended approval with conditions. The Jahns will be constructing a new home on - -- -----_.~- - Regular Andover City Council Meeting Minutes - July 19, 1994 Page 8 (Special Use Permit/Steps of Success, Continued) the lot, which must meet all local and state regulations. The proposed Resolution is similar to the one approved by the Council several months ago for a home on Valley Drive; however, the purchase of that home fell through. Council noted this would be the third Special Use Permit for Steps of Success Homes, asking what happens to the two Permits that will no longer be used. Attorney Hawkins suggested the Jahns be asked to surrender the Permit on the parcel on Valley Drive in writing, since that purchase did not take place, so it can be revoked without having to go through the revocation process. Council agreed to change Item 7 in the Resolution to, "That the City receive a letter to surrender the Special Use Permit at 16676 Valley Drive NW and to surrender the Permit at 4100 160th Lane NW at the time they move into the new building at 3290 165th Lane NW." MOTION by Dalien, Seconded by Perry, the Resolution granting the Special Use Permit request of Steps of Success Homes, Inc. (Dayton and Kim Jahn) to operate a group foster home on the property located at 3290 165th Lane NW, with the change indicated for Item 7. (See Resolution R157-94) Motion carried unanimously. SPECIAL USE PERMIT/PUD/DYNES/3155 BUNKER LAKE BOULEVARD MOTION by Jacobson, Seconded by Knight, the Resolution granting the Special Use Permit as presented by Staff. (See Resolution R158-94 granting permit to Bruce Dynes for a Planned Unit Development to allow multi-uses at 3155 Bunker Lake Boulevard NW) Motion carried unanimously. SPECIAL USE PERMIT/REPAIR GARAGE/1716 BUNKER LAKE BOULEVARD Steve Nash, Attornev representinq Robert Bendtsen - noted Mr. Bendtsen is out of town and unavailable this evening. Mr. Bendtsen has been the owner of this property since 1987. It has been the same type of business since that time. Mr. Bendtsen was told by the previous City planner that a Special Use Permit was not needed. Recently he came to the City to see if all requirements were met with the change in tenants and was told he now needs a Special Use Permit. He is arguing that the Permit should be granted since this business has been there for a number of years and there have been no complaints from the neighbors. The building is clean; there are no junk cars outside; all vehicles are stored behind the fence at night; there is a quick turnover of cars. They are not aware of any other business in Andover that provide the same service. The Planning Commission unanimously recommended approval subject to the conditions noted in the Council packet. Those conditions are acceptable to Mr. Bendtsen. -----.._- Regular Andover City Council Meeting Minutes - July 19, 1994 Page 9 (Special Use permi t/Repair Garage/l 716 Bunker Lake Boulevard, Continued) Council reviewed some of the other businesses in that vicinity. Mr. Carlberg stated the ordinance definition of auto repair consists of any repair, engine work or body work of automobiles. Councilmember Jacobson questioned whether this would be considered an enlargement of the auto uses in that area that the City is trying to reduce. Would the granting of this Permit be considered an extension of what the City is trying to clean up? Attorney Hawkins advised if the Council considers this use an enlargement, then steps should be taken to remove it as a special use in the ordinance. The action on this Permit is not based on a policy issue but on whether it meets the criteria in the ordinance. Councilrnember Knight felt the policy of cleaning up that area related mostly to the unsightly junkyards. He didn't think the City would want to deny a Midas or Car X, which is a similar use. Car care is a legitimate use for this area, and he didn't feel repairs falls in the same discussion as cleaning up the junkyards. Councilmember Perry stated as long as the commercial operation adheres to the ordinance, she did not have a problem with having additional car repair businesses. In this particular instance, outside storage is not increasing. She felt this can be legitimately approved and not be viewed as an enlargement of a particular use in an area. She did want the proper screening, landscaping, and building code requirements met, including the brick front on the building. Mr. Carlberg noted the parking facilities will need to be upgraded, plus other improvements needed to the facility. The parking facilities will be coordinated with the frontage road project. Mr. Nash - explained there is a cyclone fence with woven material with cars stored inside that fenced area. Councilmember Jacobson wondered if a requirement of the Resolution would be that all vehicles be parked in the back of the building in the fenced area at the close of business each day and not left out. Mr. Nash - didn't see that as a problem, though there would be a concern if a customer comes to drop off a car over night. If there is a problem, it can be addressed at the renewal in one year. Mr. Carlberg noted the renewals do not come before the Council unless there are violations. Discussion returned to the issue of requiring a brick front on the building. Councilmember Perry felt this is the City's opportunity to upgrade the business and make that area more aesthetically pleasing. If Mr. Bendtsen is going to sell the business, the new owner would absorb the cost of that improvement. Mr. Nash - argued Mr. Bendtsen expects the use for that lot will change in a year or two when the service road comes through and the property becomes more valuable. Someone will probably want to put that property to a different use, and probably construct a different building as well. To require the expense of brick for a one- or two-year period is simply having the effect of telling Mr. Bendtsen that he cannot have his business there. Mayor McKelvey agreed, feeling the time limit for this use will only be a couple years before something else is proposed. ._- --- ~--_._- Regular Andover City Council Meeting Minutes - July 19, 1994 Page 10 (Special Use Permit/Repair Garagel1716 Bunker Lake Boulevard, Continued) MOTION by Perry introducing the Resolution with the following change: No.5, that the building shall be inspected by the City Building Official and the Fire Marshal for code compliance and will be brought into compliance with all applicable city ordinances. Add Item 7, that vehicles that are going to be stored over night shall be moved from the front of the property to the back of the property at the close of business each day. Motion dies for lack of a Second. MOTION by Jacobson, Seconded by Dalien, the Resolution as presented with one change, that would be a new condition that at the end of each business day the vehicles under repair either be inside the building or parked in the fenced area on the property. (See Resolution R159-94) Motion carried on a 4-Yes, 1-No (Perry) vote. Councilmember perry stated she favored the Permit but felt the City is losing a good chance to upgrade the area. PRELIMINARY PLAT/JONATHAN WOODS Mr. Haas reviewed the proposed preliminary plat of Jonathan Woods as requested by Tom Belting and R. C. Johnson Construction Company. The plat is zoned R-4, is within the MUSA, and consists of 38 single family urban residential lots. Two variances are being proposed -- one for the length of Crane Street south of 143rd Avenue NW as it exceeds the maximum of 500 feet allowed, and one to allow Lot 3, Block I to front onto Andover Boulevard, a County State Aid Highway. He thought that all existing structures will comply with the ordinance requirements. Councilmember Jacobson thought the delineation of the park property and drainage easement along Coon Creek is unclear, suggesting that delineation be noted. He also noted that a portion of the plat has no access until the proposed Foxberry Farms to the west is platted. Steve Johnson - stated the intent is to try to do the plat at the same time as Foxberry Farms. In the event Foxberry Farms does not proceed this year, they propose providing a temporary road over Lot I, Block 1 from Andover Boulevard to 144th. The utilities for this project are all contained within the site itself. They do not want to be held up in case Foxberry Farms is not platted this year. Mr. Haas stated Staff is working with the developers of both sites so they can proceed together and that the projects be died together for utility improvements. Mr. Johnson - explained they are working with the other developer, but they do not want to delay this plat until next year if something should happen with the Foxberry Farms development. They would provide the temporary road to 144th so this plat could proceed. Mr. Haas stated the temporary access issue is up to the Council, but it would have to be blacktop with curb. Attorney Hawkins advised the plat can be approved. A temporary access to the north and a road easement designated across that area can be ~iq hg addressed in the development contract. ~-)~ - - ---------.-.- ~ Regular Andover City council Meeting Minutes - July 19, 1994 page 11 (Preliminary plat/Jonathan Woods, Continued) MOTION by Jacobson, Seconded by Dalien, the Resolution approving the preliminary plat of Jonathan Woods with the understanding there will be a cosmetic change on the preliminary plat showing the park area near Coon Creek so it is more easily seen, not subject to interpretation. (See Resolution R160-94) Motion carried unanimously. PRELIMINARY PLAT/WOODLAND POND 2ND ADDITION Mr. Haas reviewed the proposed preliminary plat of Woodland Pond 2nd Addition as requested by Uptown Construction, Inc., and Finest Homes, Inc. The plat is zoned R-4, is within the MUSA, and consists of 22 single family urban residential lots. The Planning Commission recommended an attempt be made to make the block garage on Lot 4, Block 2, nonconforming rather than grant a variance for it; so in the event it is destroyed, a new garage would be built in conformance with present city ordinance. A concern was also raised about the possible damage of the grading by the developer on the trees in the vicinity of the William Moerke property. Mr. Haas also noted the jog in Quay Street from l42nd is to meet the 150-foot requirement from the centerline of the existing Quay to the centerline of the proposed Quay. MOTION by Perry, Seconded by Knight, the Resolution approving the preliminary plat of Woodland Pond 2nd Addition, except Item No.3 of the final WHEREAS be changed to read: The existing block garage in the southeast corner of Lot 4, Block 2 is considered a nonconforming structure and shall comply with the ordinance requirements of Section 4.03, Non-Conforming Uses and Structures. (See Resolution R161-94) Motion carried unanimously. APPROVE "NO PARKING" RESOLUTION/YUKON AND 140TH Mr. Haas explained they had signed the wrong intersection at Crocus and 141st Avenue. The "No Parking" should be designed along 140th Lane from Yukon Street to the west property line of 2539 140th Lane. In reviewing the request, the residents feel that no parking on just the south side of that corner for that short stretch would be sufficient. Steve Johnson. 14033 Yukon Street - stated over the past several years, vehicles park on both sides of the street along the park creating a dangerous situation with children darting between cars and crossing the street. There is also a lot of traffic going through there. He would like to see no parking on the inside of the corner for the two months of the year when ball games are played, thinking there is no problem with parking on the street adjacent to the park. He'd like to see the no parking from 140th Lane to the southern edge of 2539 140th Lane NW. Discussion was on the best way to handle the parking situation. Council asked if the parking signs could be temporary for the two or three months of heavy use of the park, or can the signs indicating no parking is allowed during the months specified. Mr. Haas felt that additional space in the park's parking lot should be pursued. - ..-- Regular Andover City Council Meeting Minutes - July 19, 1994 Page 12 ("No Parking"/Yukon and 140th, continued) Mr. Haas agreed to check on whether the signs can indicate a time period in which parking is not allowed between signs. He agreed that no parking should be allowed along the curve from the western property line to the driveway of the residence of 2539 140th Lane NW. He will prepare a corrected Resolution for the Consent Agenda of the next Council meeting. The meeting was recessed to hold an EDA meeting, 10:18; reconvened at 10:28 p.m. ADOPT SEXUAL HARASSMENT POLICY Councilmember Jacobson was uncomfortable with Item 4 of the proposed Sexual Harassment Policy, feeling it is very broad. Attorney Hawkins felt this refers to conduct not sexual in nature but based on a person's sex. Councilmember Perry felt everyone recognizes it is a broad statement, but that is what society has come to. MOTION by Perry, Seconded by Dalien, introducing the adoption of the Sexual Harassment Policy as presented. Motion carried on a 4-Yes, I-No (Jacobson) vote. MAYOR/COUNCIL INPUT Anoka Marching Band - Councilmember Perry received a request from the Anoka Marching Band to practice on one of the residential streets in either Hills of Bunker Lake, Winslow Hills or Pinewood Estates on August 2 from 6 to 8 p.m. They are hoping to generate resident enthusiasm for their program. They are practicing in other cities at other times. Council felt that it would be an inconvenience to the residents to block the streets, plus the noise factor. They suggested the band practice at the Andover Elementary School and hand out flyers in the various neighborhoods prior to the practice inviting residents to watch them. School Bond Issue Levy - Councilmember Dalien noted the comment was made at the budget meeting on July 18 that the school bond issue would not be on the tax statements until 1996. He has learned that that levy will be on the taxes payable in 1995. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Dalien, approval of Claims as presented in the amount of $2,631,564.61. Motion carried unanimously. - MOTION by Knight, Seconded by Dalien, to adjourn. Motion carried unanimously. The meeting was adjourned at IO:47 p.m. e~~~L Marce la A. peach~COrdlng Secretary - - -_._~