Loading...
HomeMy WebLinkAboutCC July 5, 1994 CA CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JULY 5, 1994 Call To Order - 7:00 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items l. Public Hearlng/Rezoning/Crown pointe & Crown pointe East 2. Rezoning/Fox Woods 3. Approve Preliminary Plat/Fox Woods 4. Rezoning/SuperAmerica/Neighborhood Business to Shopping Ctr. 5. Special Use Permit/3631 Bunker Lake Boulevard/SuperAmerica 6. variance/SuperAmerica 7. Special Use Permit/Home Occupation/16445 valley Drive 8. variance/3404 - 133rd Lane N.W. 9. Major Amendment to Comprehensive plan/Anoka County 10. Special use Permit/Mining/South Andover Admin. Group 1l. Junkyard License Renewal/ATV Salvage Reports of staff, Committees, Commissions 12. Roofing Study Report, Cont. 13. City Hall Financing Option 14. Building Permit Fee Adjustment .BRA Meetin'l 1~. Autncrlze Funding/Comprehensive Water Study EDA Meeting 16. Recelve Feasibility Report/Andover Commercial Park/94-13 Non-Discussion/Consent Agenda 17. Receive Feasibility Report/Wood1and Pond 2nd/94-2 18. Receive Feasibility Report/Sec. 22 Trunk SS & WM/94-18 19. Approve Revised Grading, Drainage & Erosion Control Plan/ Kob's 1st Addition 20. Approve Plans & Specs/94-19/Sealcoat Portion of Prairie Rd. 21. Adopt Resolution/Intent to Bond Capital Improvement Projects 22. Receive Feasibility Report/94-17/Quickstrorn Addition 23. Salvage Yard Purchase Update 24. order Feasibility Report/94-16/Tulip Street 25. Speed Study Results 26. Approve Animal Control Contract 27. Adopt Resolution/Close Fund 340 & Transfer Funds 28. Approve Recycle Agreement w/Anoka County Mayor-Council Input Approval of Claims Adjournment -._~- . __ _"-0_- _ __. ~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 5, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 2 NON-DISCUSSION/CONSENT AGENDA Resolution R130-94 receiving feasibility report/Woodland Pond 2nd/IP94-2 · · · · · · · · · · · · · · · · · · · · · 2 Resolution R131-94 approving revised grading plan/Kob's 1st · 2 Resolution R132-94 approving plans and specs/IP94-l9/Sealcoat portion of prairie Road · · · · · · · · · · · · · · · · · 2 Resolution R133-94 intending to bond capital improvement projects · · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R134-94 receiving feasibility/IP94-17/Quickstrom · 2 Salvage yard purchase update · · · · · · · · · · · · · · · · 2 Resolution R135-94 ordering feasibility/IP94-16/Tulip · · · · 2 Speed study results . . . . . . · · · · · · · · · · · · · · · 2 Approve animal control contract · · · · · · · · · · · · · · · 2 Resolution R136-94 transferring funding for principal and interest payments to 1991 Series B Bond debt service · · 2 Resolution R137-94 closing 1991 Series B temporary special assessment general obligation bonds debt service fund · · 2 Approve recycle agreement with Anoka County · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3 PUBLIC HEARING: REZONING/CROWN POINTE AND CROWN POINTE EAST Motion to amend ordinance to rezone · · · · · · · · · · · · · 3 REZONING/FOX WOODS Motion to amend ordinance to rezone · · · · · · · · · · · · · 3 PRELIMINARY PLAT/FOX WOODS · · · · · · · · · · · · · · · · · · · 4 Resolution R138-94 approving preliminary plat · · · · · · · · 5 REZONING/SUPERAMERICA/NEIGHBORHOOD BUSINESS TO SHOPPING CENTER · 5 Motion to amend ordinance to rezone · · · · · · · · · · · · · 6 SPECIAL USE PERMIT AND VARIANCE/363l BUNKER LAKE BOULEVARD / Resolution R139-94 granting Special Use Permit for car wash · 6 . Resolution R140-94 approving variance 6 · · · · · · · · · · · · SPECIAL USE PERMIT/HOME OCCUPATION/16445 VALLEY DRIVE . · · · · · 6 Resolution R141-94 approving the Special Use Permit · · · · · 7 VARIANCE/3404 133RD LANE NW Resolution R142-94 approving the variance · · · · · · · · · · 7 !~AJOR AMENDMENT TO COMPREHENSIVE PLAN/ANOKA COUNTY · · · · · · · 7 Motion to approve · · · · · · · · · · · · · · · · · · · · · · 8 SPECIAL USE PERMIT/MINING/SOUTH ANDOVER ADMINISTRATIVE GROUP · · 8 Resolution R143-94 granting Permit · · · · · · · · · · · · · 9 JUNKYARD LICENSE RENEWAL/ATV SALVAGE · · · · · · · · · · · · · · 9 Motion to approve · · · · · · · · · · · · · · · · · · · · · · 10 CITY HALL FINANCING OPTION · · · · · · · · · · · · · · · · · · · 11 ROOFING STUDY REPORT, CONTINUED Motion to contract for roof repair · · · · · · · · · · · · · 11 BUILDING PERMIT FEE ADJUSTMENT · · · · · · · · · · · · · · · · · 11 Resolution R144-94 establishing plan check fees · · · · · · · 12 RECEIVE FEASIBILITY REPORT/SECTION 22 TRUNK SANITARY SEWER AND WATERMAIN/IP94-18 · · · · · · · · · · · · · · · · · · · · 12 MAYOR/COUNCIL INPUT City-Owned lot in Woodland Creek · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · 12 - - ---- ------~._.- .~ -'. " ". .'-: " CITY of ANDOVER " d '\, . .I.. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " .·,·c~__.":> REGULAR CITY COUNCIL MEETING - JULY 5, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on July 5, 1994, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Perry Councilmember absent: Knight Also present: City Attorney, William G. Hawkins Assistant City Engineer, Todd Haas City Planning Director, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Jim Benolkin, 16040 Universitv Avenue NW - complained that his yard was not sodded when the road project was done in his area. He had Kentucky blue grass with four inches of dirt prior to the project. It was taken o~t and replaced with very little top soil and seeded. It is a mess. rrhere a=e four of them in the same situation. He talked with Frank St.one and Todd Haas six weeks ago, who said they would get the ball ::olling. Nothing has been done yet, and he expressed frustration at the lQcK of progress. Mr. Haas noted that project is being handled by the City of Ham Lake. He talked to the engineer on the project indicating that on MSA project, the policy is to resod areas that were sodded before the project. He asked for a letter indicating the completion date of the project. The engineer has until that date to complete these i~ems. He has not yet received that letter. Mayor McKelvey asked Mr. Haas to contact the engineer again and get a completion date; then let !-!:c. Benolkin know that date as well. Greq Cipperlv, 2786 141st - lives on the corner of 141st and Crocus and wonders why the City installed "No Parking" signs on that corner. Mr. Haãs stated it was because people were parking on that curb by the Northwoods park. ",,/,.,..... Cipperlv - stated he is the only one who lives on that corner, and l.t..... . he has relatives over about three times a year to celebrate the children's birthdays; and now they can't park on either side of the road by his house. Mr. Haas stated he can get temporary parking permits for parties. 1-:r. Cipperlv - complained that with the "No Parking" signs there, people speed past there more than ever because there is nothing to slow them òow:J. He was discouraged that he seldom sees the Sheriff's Deputies out there except for the one who lives back there. He thought there would be quite a few tagged if a Deputy would sit there with radar for a while. Because that development has only one exit, there is a lot of traffic going past his corner. He was concerned about the safety factor with the speed and the large number of children around. He felt it is {Y\~~""Îi''1J'1'f' - - - - . ~ . -.... ...-.....--.-.- - ~--~ -. - Regular Andover City Council Meeting Minutes - July 5, 1994 Page 2 (Resident Forum, Continued) ironic that he cannot have guests parking there three times a year but yet there is no enforcement of the speed limit. If the neighbors are complaining and want the "No Parking" signs, he'd like to see speed limi t signs installed and another outlet to the development. Mayor McKelvey noted there is some effort to get another outlet from that development. He will also ask the Deputies to patrol that area. In further discussion, Mr. Cipperly was told he could find out who petitioned for the II No Parking" signs by contacting City Hall during normal business hours. AGENDA APPROVAL It was agreed to pull Item 18, receive Feasibility Report/Section 22 Trunk Sanitary Sewer and Watermain/IP94-18, from the Consent Agenda for discussion. MOTION by Perry, Seconded by Jacobson to accept the Agenda as amended. Motion carried on a 4-Yes, I-Absent (Knight) vote. NON-DISCUSSION/CONSENT AGENDA Item 17 Receive Feasibility Report/Woodland Pond 2nd/IP94-2 (See Resolution R130-94) It em 19 Approve Revised Grading, Drainage and Erosion Control Plan/Kob's 1st Addition (See Resolution R131-94) Item 20 Approve Plans and Specs/IP94-19/Sealcoat Portion of prairie Road (See Resolution R132-94) Item 21 Adopt Resolution/Intent to Bond Capital Improvement Projects (See Resolution R133-94) Item 22 Receive Feasibility Report/IP94-17/Quickstrom Addition (See Resolution R134-94) Item 23 Salvage Yard Purchase Update Item 24 Order Feasibility Report/IP94-16/Tulip Street (See Resolution R135-94) Item 25 Speed Study Results Item 26 Approve Animal Control Contract Item 27 Adopt Resolution/Close Fund 340 and Transfer Funds (See Resolution R136-94 Transferring Funding from the Water Trunk Fund and Sewer trunk Fund for Principal and Interest Payments to 1991 Series B Bond Debt Service Fundi and Resolution R137-94 closing 1991 Series B Temporary Special Assessment General Obligation Bonds Debt Service Fund) Item 28 Approve Recycle Agreement with Anoka County MOTION by Perry, Seconded by Dalien, to approve the Consent Agenda. Motion carried on a 4-Yes, 1-Absent (Knight) vote. Regular Andover City Council Meeting Minutes - July 5, 1994 Page 3 APPROVAL OF MINUTES June 21, 1994, Regular Meeting: Page 13, Motion, delete " (See Resolution R130-94)". June 21, 1994, Special Closed Meeting: Correct as written. MOTION by Jacobson, Seconded by Dalien, approval of both Minutes with the correction on Page 13, deleting the reference to a Resolution. Motion carried on a 4-Yes, I-Absent (Knight) vote. PUBLIC HEARING: REZONING/CROWN POINTE AND CROWN POINTE EAST 7:18 p.m. Mayor McKelvey opened the hearing for public testimony. There was none. MOTION by Perry, Seconded by Jacobson, to close the public hearing. Motion carried on a 4-Yes, 1-Absent (Knight) vote. 7:19 p.m. Councilmember Jacobson explained the Council denied the rezoning in March to allow the school district and the voters to determine whether or not a bond issue would pass that would allow future construction of new schools. The Council was concerned about not having enough space in the schools as a result of continued growth. Since the bond issue has passed, the Council is reconsidering the application. Mayor McKelvey agreed, noting the school district has said they can handle the additional students the next two years until the two new schools are built in Andover. MOTION by Jacobson, Seconded by Dalien, Ordinance No. 8EEEE, an Ordinance amending Ordinance No.8, the Zoning Ordinance of the City of Andover, moving approval as presented by Staff. Motion carried on a 4- Yes, I-Absent (Knight) vote. 8:21 p.m. REZONING/FOX WOODS Mayor McKelvey reviewed the request of Gorham Builders, Inc., to rezone property from R-1, Single Family Rural, to R-4, Single Family Urban. The Planning and Zoning Commission recommended approval of the request following a public hearing on the matter on June 14. MOTION by Perry, Seconded by Jacobson, Ordinance No. 8FFFF, an Ordinance amending Ordinance No. 8, the Zoning Ordinance of the City of Andover, as presented. DISCUSSION: Councilmember Jacobson noted the density issue raised at the public hearing held by the Planning Commission. While he understands the reasons for wanting somewhat larger lots to reduce the density, he also realized the ordinances allow this particular density when there is sewer and water; and the Council has no authority to require larger lot sizes. Motion carried on a 4-Yes, 1- Absent (Knight) vote. Regular Andover City Council Meeting Minutes - July 5, 1994 Page 4 APPROVE PRELIMINARY PLAT/FOX WOODS Councilmember Jacobson was concerned with the street names which changes from 146th Avenue NW to Zilla Street for two or three lots, then back to 146th. While he understood the desire to follow the grid pattern, he felt this is very confusing. councilmember Dalien agreed it is very confusing and would cause difficulty in finding addresses. Councilmember Jacobson suggested the Building Department review the street names again. Councilmember Jacobson's second concern was the grading and drainage plan, particularly the ponding areas in the back of the lots along Andover Boulevard and Bluebird. Experience has shown that those ponding areas create problems because residents build their playgrounds or garages in those areas only to find them flooded when there is a heavy rain storm. He wondered why the drainage couldn't go directly into Andover Lake which is across Andover Boulevard from this plat. Garv Gorham, Gorham Builders - explained in the first grading plan they did dump the storm water directly to Andover Lake and did not have the ponding areas in the back of the lots. The City's engineering firm reviewed it and asked them to revise the grading plan to do this. Mr. Gorham's engineer from Hakanson Anderson Engineering explained that under Andover's Storm Water Management Plan, Andover Lake has been sized to allow for only 2 cubic feet per second of flow from the Bluebird Street storm sewer and two cubic feet per second from the future Xeon storm sewer. That means they have to control the rate of the storm water run off from Fox Woods to match those particular parameters. He understands if the storm water from Fox Woods would flow directly to Andover Lake, it would fill it over the top. Mr. Haas agreed that it could cause damage to the existing structures adjacent to the lake. Councilmember Jacobson felt there must be another way to handle the storm water rather than impact the back of 20 lots. Even if the ponding along the lots on Bluebird could be eliminated and dig the others deeper, it would help prevent problems in the future. Councilmember Jacobson's third concern was the issue raised by the residents in Oak Bluff of the four lots in this plat abutting one lot in Oak Bluff. He asked if Mr. Gorham had any plans to reduce the four lots to three. Mr. Gorham - stated he met with the residents of Oak Bluff since the Planning Commission public hearing, and he also went on the site. The four lots average 89 feet in the front and 95 feet across the rear lot lines, which exceeds the minimum standards to allow for larger houses in the $200,000 range. Those houses will be compatible with the houses in Oak Bluff and help with the transition of lesser house valuation to the south. He wants to keep the four lots there. By leaving it at four lots, there is a better chance of getting those types of houses. If it is reduced to three lots, the price of the lots increase which in turn could reduce the value of the houses put on them. Regular Andover City Council Meeting Minutes - July 5, 1994 Page 5 (Approve preliminary Plat/Fox Woods, Continued) Councilmember Perry was concerned about the variances on Lots 8 and 9, Block 2, feeling there should be no need for variances when dealing with a raw piece of land. She would like to see that reconfigured so all lots meet ordinance requirements. Mr. Gorham - stated they do not have a problem reconfiguring the lots by adding to adjacent lots and reducing the number of lots by one. The reason for the variance is in the R-4 area they have found that reconfiguration would cause a tremendous amount of road frontage, which in turn creates a hardship on the corner for watering and upkeep. The reasons they decided to ask for the variances were the lots were so close to meeting the ordinance and because it has been their experience in other developments in the sewer and water areas that a lot of frontage around a curve does create a hardship for the owners to keep up, especially when there are watering bans. They will do whatever the Council asks. Councilmember Perry felt Mr. Gorham's arguments were valid; and since both lots exceed the square footage in an R-4 area, she agreed to support the variances. Discussion returned to the concern with the grading plan and the ponding behind certain lots. Council asked that the item be reviewed again in an attempt to at least eliminate the ponding in the rear of the lots along Bluebird. MOTION by Perry, Seconded by Dalien, introducing the Resolution approving the preliminary plat of Fox woods on the condition that the engineering staff again look at that drainage plan with particular reference to the Bluebird area to see if there is an alternative to the back yard ponding that is proposed. Also, have the Building Official look at the street names and straighten them out. (See Resolution R138- 94) Motion carried on a 4-Yes, 1-Absent (Knight) vote. REZONING/SUPERAMERICA/NEIGHBORHOOD BUSINESS TO SHOPPING CENTER Councilmember Jacobson questioned why the City should rezone the property, grant a Special Use Permit and grant a variance just to allow for a car wash on this site. If a car wash is needed in the area, there is property available across the road that is already properly zoned. This rezoning bothers him a little, since these actions would not be necessary if the car wash were put across the street. Mr. Carlberg gave a brief background of the situation, noting the City has not wanted to amend the ordinance to allow car washes in Neighborhood Business zones. Councilmember Jacobson still questioned if this is the right thing to - do. Maybe there are uses in the SC zone that would not be appropriate on the undeveloped parcel. Does this encroach into the adjoining parcel? Mr. Carlberg stated a 10-foot sideyard setback is required, and the car wash will encroach into that setback by five feet. .Councilmember Perry noted the adjoining parcel is owned by the same company. She did not think the area already zoned SC would be as Regular Andover City Council Meeting Minutes - July 5, 1994 Page 6 (Rezoning/SuperAmerica/NB to SC, Continued) appropriate for the car wash, that a car wash nestled among the Downtown Andover Center is not what the City wants. The five-foot variance, in her opinion, is not going to have an impact on the property to the west nor the residential area to the north. Also, there is a petition from all but one resident in suppo~t of the proposal. Mayor McKelvey also stated he talked with the residents, and everyone told him they would like to see a single car wash there, that it is time one is available in Andover. Councilmember Perry also felt the City must be careful not to set a precedent in rezoning an NB just to allow a use, as there are NB zones that would not be appropriate for an SC designation. But this is at the junction of the two major roads in the City and is appropriate in that area. Councilmember Dalien agreed. Councilmember Jacobson realized the need for four votes to rezone property; and if the full Council were present, he probably would vote against it. He stated he would reluctantly vote in favor of the request. MOTION by Perry, Seconded by Dalien, introducing Ordinance GGGG, an Ordinance amending Ordinance No.8, the Zoning Ordinance as presented to allow for the rezoning of Neighborhood Business to Shopping Center of Lots I and 2, Block 1, Local Oil Addition. Motion carried on a 4-Yes, I-Absent (Knight) vote. SPECIAL USE PERMIT AND VARIANCE/3631 BUNKER LAKE BOULEVARD/ SUPERAMERICA MOTION by Jacobson, Seconded by Perry, that the City Council approve the Special Use Permit at 3631 Bunker Lake Boulevard, the SuperAmerica Store and car wash and also approve Item No.6, variance for a five-yard setback at the same address. (See Resolution R139-94 granting the Special Use Permit for a car wash, and Resolution R140-94 approving the variance request) Motion carried on a 4-Yes, 1-Absent (Knight) vote. SPECIAL USE PERMIT/HOME OCCUPATION/16445 VALLEY DRIVE Mr. Carlberg reviewed the Special Use Permit request of Richard Snyder to operate a welding and small engine repair business as a home occupation in an accessory structure at 16445 Valley Drive NW. The Planning Commission's concern was the setback from the structure in which the home occupation would be conducted. Staff reviewed it and did find a 37-foot variance would be needed to the 100-foot setback required from the front lot line. In a metes and bounds parcel, the front lot line is the center of the road, but the setback measurement is taken from the right-of-way line. He also pointed out the Planning Commission vms concerned with this use fitting into the definition of repair service. It was their determination that this request meets the similar uses provision. Other Special Use Permits were granted that did not meet the definition as close as this one does. Regular Andover City Council Meeting Minutes - July 5, 1994 Page 7 (Special Use Permt/Home Occupation/16445 Valley Drive, Continued) Councilmember Jacobson asked if there was discussion on the fact that this will be conducted in an accessory structure and have similar Permits been granted in the past. Mr. Carlberg stated the ordinance does allow home occupations in accessory structures when certain conditions exist, including the lot size being three acres or larger. He noted the other Permits granted, though none were specifically for small 'engine repair or welding. Richard Snvder. 16445 Vallev Drive NW - stated he would be repairing small engines such as lawn mowers, snowmobile engines, etc., but no vehicles. This is really a part-time hobby, spending a few hours a week doing it. He's been doing this since 1968. Councilmember Jacobson personally felt this is stepping out further than what the City intended home occupations to be. At the same time, the City must be flexible. He suggested limiting the Permit to one year to see if there are problems. MOTION by Jacobson, Seconded by Dalien, the Resolution based on a one- year trial of the use, with the variance request. (See Resolution R141- 94) Motion carried on a 4-Yes, I-Absent (Knight) vote. VARIANCE/3404 133RD LANE NW MOTION by Jacobson, Seconded by Perry, the City Council approve the variance request for the reasons stated in the Planning and Zoning Commission meeting Minutes. (See Resolution R142-94) Motion carried on a 4-Yes, I-Absent (Knight) vote. MAJOR AMENDMENT TO COMPREHENSIVE PLAN/ANOKA COUNTY Mr. Carlberg reviewed the proposed amendment to the Comprehensive Plan for MUSA expansion of 155 +/- acres to allow the Anoka County Sheriff's Department to construct a substation on the southeast corner of Hanson Boulevard NW and Bunker Lake Boulevard NW. Some P & Z Commissioners were concerned with the amount of acreage being requested since only 20 acres will be required for the substation. In meeting with the county, Staff suggested the request for larger acreage based on the fact that it is all Anoka County park property and it isn't a large impact on the systems reviewed by the Met Council. If the county wishes to construct other buildings, the City would then not have to go through the whole amendment process again. with only four Commissioners present, the vote was 2-2; therefore, the issue comes to the Council with no recommendation. Another thing is when designating MUSA acreage, generally metropolitan parks are included, not left as an island. Mr. Carlberg also reported he has met with the Metropolitan Council Staff. This is considered an institutional use which does not affect the traffic or other systems reviewed by the Met Council. It was indicated this could be placed on the Met Council consent agenda for approval. This will not affect future residential requests for sewer expansion. Regular Andover City Council Meeting Minutes - July 5, 1994 Page 8 (Major Amendment to Comprehensive P1an/Anoka County, Continued) In discussing the issue, the Council generally did not have a problem with the amendment request for the Sheriff's Substation; however, they were concerned with requesting the entire 155 acres at this time. They understood the Staff's recommendation because eventually they will have to go through this lengthy application procedure again. At the same time, given the climate the exists between the Metropolitan Council and the northern suburbs, the suggestion was to ask for only the acreage necessary for this construction. A concern was the Met Council would not approve MUSA expansion' for residential purposes next year and argue the City already received expansion for the Field of Dreams park, the schools, and now this 155 acres. If the City could get in writing from the Met Council that this expansion for 155 acres would have no affect on future expansion requests for residential purposes, the Council indicated it would be more comfortable asking for the entire 155 acres. MOTION by Jacobson, Seconded by perry, that the City Council approve the amendment to the City's pending Comprehensive Plan with the exception that the acreage in the request of 155 acres be reduced to approximately 30 acres to accommodate the Sheriff's Administrative structure. Motion carried on a 4-Yes, I-Absent (Knight) vote. SPECIAL USE PERMIT/MINING/SOUTH ANDOVER ADMINISTRATIVE GROUP Mr. Carlberg reviewed the request of the South Andover Administrative Group for a Special Use Permit for a mining/land reclamation permit on the property known as the South Andover Site. The Planning Commission recommended approval with conditions noted in the Resolution. Terry Huntrods, Conestoqa, Rovers and Associates - explained the contaminated material will be going to a secure landfill for industrial waste in Rosemount. He estimates the contractor will have about 30 trucks per day coming in and out of the site. After removing the soil, they will bring in clean soil to restore the land. Under the EPA order, this must be done within 60 days from the time they start. Councilmember Jacobson questioned why the Permit would be for five years if the project is to be completed within 60 days. He also questioned the licensing of ATV, which is the next agenda item, if they will not be operating during this project. Mr. Carlberg responded five years is the standard time for mining permits, though the Council can change it. Mr. Huntrods - reviewed the properties involved in the project. At the ATV site, they will clear the carcasses, be sure no contaminated soils are adhering to the bodies or other parts, remove the contaminated soils, test the ground to make sure it is clean, then replace the soils with clean fill and bring the cars back to that area. This will be interrupting ATV's business, and they will be working with the owner. Cars have already been crushed and cleared from a portion of the yard. The procedure will be to clean an area, move cars from the contaminated area to the clean area, then clean that contaminated area, continuing in that fashion until the entire area is cleaned. Regular Andover City Council Meeting Minutes - July 5, 1994 Page 9 (Special Use Permit/Mining/South Andover Admin. Group, Continued) John Swanson, ATV Corporate Attorney - stated they had been working with Mr. Huntrods prior to the other problems in the corporation. There are two major hot spots on the portion of the ATV property, and they have already crushed cars and sold them for scrap, cleaning the back one- third of the property. That is where they will start cleaning. The project will end up being a portion by portion situation. Councilmember Jacobson expressed displeasure with CRA in the Waste Disposal site cleanup when the Council indicated they should not use Crosstown Boulevard for a haul route, but it was used any way. Even though the City has no authority in the agreement, he felt it was in poor form for them to use that route when they were asked not to use it. Mr. Huntrods - noted the contractor made that choice, though he said the point is well taken. In that particular project they had a lot of trucks moving, and he expressed appreciation for the consideration given by the City all last summer. MOTION by Jacobson, Seconded by Dalien, the Resolution as presented with the change in Item No. 10, which presently reads, "Length of permit shall be in one-year increments for a maximum of five years.", change that to read, "Length of permit shall be a maximum of 120 days from this date. II (See Resolution R143-94) DISCUSSION: Mr. Huntrods asked that it be 180 days to provide time to complete the punch list of corrections. Councilmember Jacobson felt this takes them to November, after which the weather makes it difficult to work. No change was made. Motion carried on a 4-Yes, 1-Absent (Knight) vote. JUNKYARD LICENSE RENEWAL/ATV SALVAGE Mr. Fursman provided the background of the request for a junkyard license renewal for ATV Salvage. Attorney Hawkins noted his letter to Mr. Swanson, Attorney for ATV Salvage for the request of information in order to determine if there has been any violation by the new applicant, Mr. William J. Packard. That information has been submitted noting the ATV Salvation Corporation will be solely owned by Mr. Packard, and Mr. Lund, the original applicant, will no longer have an interest in it. Because of the violation of the conditions of the ordinance by Mr. Lund, a condition of the license renewal is that Mr. Lund will have no interest in this business whatsoever nor be employed by the company nor be allowed on the site at any time. If any of those conditions are violated, it would be grounds for revocation of the license. He understood the City Clerk did a background check on Mr. Packard and found no problem. Mr. Packard has provided the necessary insurance and bonds. Based on that information and the fact that the criteria of the ordinance has been met, he and Staff are recommending approval of the license renewal. John Swanson, Attorney for ATV SalvaGe - explained Mr. Lund and another partner originally held the license. Mr. Packard came on board in 1989 .- - Regular Andover City Council Meeting Minutes - July 5, 1994 Page 10 (Junkyard License renewal/ATV Salvage, Continued) and the business was converted to a Subchapter S corporation. He worked on the site all that time. Attorney Hawkins stated there has been a rather extensive undercover investigation into the violations occurring at this time, and only Mr. Lund was found to have committed any crime and was convicted. There is nothing indicating that Mr. Packard was involved in the violations. Mayor McKelvey noted the City has been discussing the possibility of acquiring the property. Mr. Swanson - was aware of that and noted that item has been turned over to another attorney representing four or five junkyard owners. The corporation still owes $15,000 to the Superfund group. Mr. Lund and Mr. Packard own as tenants in common the parcel on which ATV Salvage conducts business and the land in the back which is used as shop property. The corporation leases both parcels. If necessary, they could request Mr. Lund to quit claim his share over to Mr. Packard; but he thought that would be unnecessary if the City does acquire the land. If the purchase and sale with the City goes through, Mr. Lund would get his share because he is part owner in the real estate. MOTION by Jacobson, Seconded by Dalien, based on the comments and on City legal counsel opinion that we have no grounds on which to deny a license since Mr. Packard has provided all the necessary information and meets all the requirements, move that the City Council approve the license for a one-year period from July 1, 1994, to June 30, 1995, to Hr. Packard at ATV Salvage at 2050 Bunker Lake Boulevard. DISCUSSION: Mayor McKelvey thought the license covers only the front parcel and that the back parcel is to be used for shop only, not as a junkyard. Staff will research it further. Mr. Fursman asked that the license renewal and transfer be conditioned on conformity of the lot to all present City regulations. Councilmember Jacobson stated with ATV there is the issue of vehicles being removed around because of the Superfund project. Mr. Swanson stated there have had many meetings on the day-to-day activities during this project. If they must keep the fire lanes open during all of this, it is something that will be done. Mr. Fursman acknowledged there must be a high degree of flexibility the next few months, and Staff will be working with CRA and ATV on the project. If there is a purchase, the intent would be to not require unnecessary financial improvements by the company. He suggested a fence be required after the project only if the City does not acquire it. Mr. Huntrods, CRA - stated there is some fence down, but he expects the contractor to remove even more fence. Councilmember Jacobson stated flexibility will be needed; but once everything is done, the site must be restored to city standards. Mr. Swanson stated as long as they are operating as a salvage yard, they understand they have to operate according to the ordinances once CRA is done. Councilmember Jacobson ADDED to the motion: following the Superfund site restoration project, if the City does not purchase the property, it must be restored and meet all appropriate ordinances for junkyards. Second Stands. Motion carried on a 4-Yes, 1-Absent (Knight) vote. Regular Andover City Council Meeting Minutes - July 5, 1994 page 11 CITY HALL FINANCING OPTION Mr. Fursman reported on the findings of the New City Hall Committee which met on June 21, 1994. The Council is being asked to consider the financing option of constructing a new City Hall building by the Economic Development Authority, then the City would lease it using an annual appropriation lease. Bob Thistle, Sprinqsted - explained the options for funding a new city hall are to set aside money until enough would be available to pay for the building outright, put a levy referendum for a vote to the public for a bond issue, or have the EDA or HRA finance it, then lease it to the City. He noted other cities and counties that are using the lease option. with the change in the real estate tax laws, a bond referendum would shift the burden of payment to the lower valued properties because the levy does not follow the real estate tax laws. with the lease arrangement, the valuation stays the same as current state law and it is assessed against the property based on the State taxing formula. Council discussed the advantages and disadvantages of both a referendum and the lease arrangement. A suggestion was to hold an informational meeting to provide an opportunity for residents to express their opinions. Council agreed, advising that it should be highly publicized and that more detailed information must be provided for the public. It was further agreed that the New City Hall Committee will meet to plan for an informational meeting and bring back its recommendations for further Council consideration. ROOFING STUDY REPORT, CONTINUED Council discussion noted the need to have the roof repaired on this City Hall immediately because of the damage the water leakage is causing. A new City Hall could not be constructed for at least a year, so funds must be used to repair the existing roof. The repair on the Public Works/Fire Station building roof would be permanent. Mr. Sulander recommended the funding be taken from the Contingency Fund. MOTION by Perry, Seconded by Dalien, that we authorize Staff to contract for the patching of the roof at City Hall and repair of the roof on the Building Works Building, and that the approximately $4,000 needed for those repairs be taken from the Contingency fund. Motion carried on a 4-Yes, I-Absent (Knight) vote. BUILDING PERMIT FEE ADJUSTMENT Mr. Fursman recommended the Council consider adjusting building permit fees to include plan check fees as indicated in the Uniform Building Code. In surveying many other cities, it was found that the majority charge a plan check fee of 65 percent of the permit fee. During this time of rapid growth in the City, the additional revenue would help to pay for the additional services needed. ---~ Regular Andover City Council Meeting Minutes - July 5, 1994 Page 12 (Building Permit Fee Adjustment, Continued) MOTION by Jacobson, Seconded by Perry, to move the Resolution (See Resolution R144 establishing plan check fees for building permits effective August 1, 1994) Motion carried on a 4-Yes, I-Absent (Knight) vote. The Council recessed at this time to hold an HRA and an EDA meeting, 9:45 p.m.; reconvened at 10:05 p.m. RECEIVE FEASIBILITY REPORT/SECTION 22 TRUNK SANITARY SEWER AND WATERMAIN/IP94-18 Discussion noted the original intent for ordering the feasibility report was to determine the costs of providing sewer and water to the proposed school site north of City Hall. Those figures then were to be given to the school district for further discussion and negotiation on the concerns raised by the City. After discussing the costs and some of the issues the Council wanted addressed with the school district, it was agreed to forward the feasibility report to the school district. Mayor McKelvey agreed to set up another meeting with Staff and school district representatives. No Council action was taken. MAYOR/COUNCIL INPUT City-Owned Lot in Woodland Creek - Mr. Sulander stated the City has the deed to Lot 4, Block 4, Woodland Creek. Mayor McKelvey noted the intent "..,tas to provide an outlet for a proposed road between Meadow Creek School/Church and Crooked Lake School, but that is the wrong lot. No action was taken. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Jacobson, approval of Claims in the amount of $135,187.93. Motion carried on a 4-Yes, 1-Absent (Knight) vote. MOTION by Perry, Seconded by Dalien, to adjourn. Motion carried on a 4- Yes, I-Absent (Knight) vote. Meeting adjourned at 10:15 p.m. Respectfully s mitted, ~~~ ,~ Recording Secretary ---- I