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HomeMy WebLinkAboutCC October 4, 1994 . CITY of ANDOVER Regular City Council Meeting - october 4, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval ' Consent Agenda Approval of Minutes Discussion Items 1. Assessment Hearing, continued/91-16/159th Avenue 2. Assessment Hearing, continued/92-27/Commercial Blvd. 3. Assessment Hearing, continued/93-9/Xeon Street storm Sewer 4. Special Use Permit/Real Estate Sign/Fox woods/Gorham Bldrs. 5. Special Use Permit/Kennel License/160 Andover Boulevard 6. Variance/440l-158th Avenue N.W./Stenquist 7. Amend Ordinance 8, Section 8.07, Signs 8. Approve Preliminary plat/Eldorado Estates 9. Discussion/Country Concrete 10. Discussion/Joint Fire Department 11. TIF Map Reconfiguration 12. Sale of City property to ISD III Reports of Staff, Committees, Commissions 13. Dedication of City Hall Ballfield Non-Discussion/Consent Items 14'. Approve Revised Grading plan/Jonathan Woods 15. Accept Petition/94-29/1519 - 148th Lane N.W. 16. Accept Feasibility Report/94-29/1519 - 148th Lane 17. Accept Easement/94-3/140th Lane N.W. 18. Approve Change Order 12/94-25/Kelsey-Round Lake Park 19. Authorize Quotes/94-16/Tulip Street 20. National Parenting Association Resolution 21. Receive August Financial Statements 22. Declare Cost/Order Assess. Roll/Delinquent Utilities 23. Receive Roll/Order Hearing/Delinquent utilities 24. Declare Cost/Order Assess. Roll/Mowing Charges 25. Receive Roll/Order Hearing/Mowing Charges 26. Declare Cost/Order Assess. Roll/project 94-26 27. Receive Assessment Roll/Order Hearing/94-26/539-155th 28. Declare Cost/Order Assess. Roll/False Alarm Fines 29. Receive Roll/Order Hearing/False Alarm Fines 30. Order Condemnation/project 94-3 Mayor-Council Input Payment of Claims Adjournment -- . - --- ->-. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 4, 1994 TABLE OF CONTENTS RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R239-94 accepting petition/IP94-29/1519 148th Lane 1 Resolution R240-94 accepting feasibility/IP94-29/1519 148th Lane · · · · · · · · · · · · · · · · · · · · · · · 2 Accept easement/IP94-3/140th Lane NW ........... · 2 Resolution R241-94 approving change order #2/IP94-25/Kelsey- Round Lake Park · · · · · · · · · · · · · · · · · 2 Authorize quotes/IP94-16/Tulip Street · · · · · · · · · · · 2 Receive August financial statements Resolution R242-94 declaring cost/ordering assessment roll/ delinquent utilities · · · · · · · · · · · · · · · · · · 2 Resolution R243-94 receiving assessment roll/ordering hearing/ delinquent utilities · · · · · · · · · · · · · · · · · · 2 Resolution R244-94 declaring cost, ordering assessment roll/ mowing charges · · · · · · · · · · · · · · · · · · 2 Resolution R245-94 receiving assessment roll/ordering hearing/ mowing charges · · · · · · · · · · · · · · · · · · · · · 2 Resolution R246-94 declaring cost/ordering assessment roll/ Project 94-26 · · · · · · · · · · · · · · · · 2 Resolution R247-94 receiving assessment roll/ordering hearing/ IP94-26/529 l55th · · · · · · · · · · · · · · · · 2 Resolution R248-94 declaring cost/ordering assessment roll/ false alarm fines · · · · · · · · · · · · · · · · · · · 2 Resolution R249-94 receiving assessment roll/ordering hearing/ false alarm fines · · · · · · · · · · · · · · · 2 Re1eas~ escrow/Project 88-13/Creek Haven · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · 2 ASSESSMENT HEARING/CONTINUED¡'IP91-16/l59TH AVENUE · · · · · · · · 2 Resolution R250-94 adopting the assessment roll · · · · · · · 3 ASSESSMENT HEARING/CONTINUED/IP92-27/COMMERCIAL BOULEVARD Motion to table to November 1 meeting · · · · · · · · · · 4 ASSESSMENT HEARING/CONTINUED/IP93-9/XEON STREET STORM SEWER · · 4 Motion to cancel assessment · · · · · · · · · · · · · · · · 7 SPECIAL USE PERMIT/REAL ESTATE SIGN/FOX WOODS/GORHAM BUILDERS Resolution R251-94 granting Special Use Permit · · · · · · · 7 SPECIAL USE PERMIT/KENNEL LICENSE/160 ANDOVER BOULEVARD · · · · · 8 Resolution R252-94 granting Permit · · · · · · · · · · · · 11 VARIANCE/4401 158TH AVENUE NW/STENQUIST Resolution R253-94 approving variance · · · · · · · · · · · 11 AMEND ORDINANCE 8, SECTION 8.07, SIGNS · · · · · · · · · · · · 11 Motion to approve with no restrictions (failed) · · · · · · · 12 Motion to approve with restriction · · · · · · · · · · · · · 12 PRELI!lINARY PLAT /ELDORADO ESTATES Resolution R254-94 approving plat · · · · · · · · · · · · 12 DISCUSSION/COUNTRY CONCRETE Motion to draft business termination agreement · · · · · · · 13 DEDICATION OF CITY HALL BALL FIELD Motion to dedicate Field 4, City Hall Park Complex #1, to Brian Sorenson · · · · · · · · · · · · · · · · 13 --- -"- - --.- - ....- .~---.-_.-.---_. - -- Regular Andover City Council Meeting Minutes - October 4, 1994 Table of Contents Page ii CHANGE ORDER TO HILLS OF BUNKER LAKE 5TH/CROWN POINTE EAST UTILITIES . . . · · · · · · · · · · · · · · · · · · · · · · · 14 Motion to deny request for change order · · · · · · · · · 15 REVISED GRADING PLAN/JONATHAN WOODS · · · · · · · · · · · · · · 15 Motion to deny revised grading plan · · · · · · · · · · · · · 16 ORDER CONDEMNATION/PROJECT 94-3 Resolution R255-94 authorizing the condemnation · · · · · · · 16 DISCUSSION/JOINT FIRE DEPARTMENT · · · · · · · · · · · · · · · 16 TIF MAP RECONFIGURATION Motion to table · · · · · · · · · · · · · · · · · · · · 17 SALE OF CITY PROPERTY TO ISD #11 · · · · · · · · · · · · · · · · 17 NATIONAL PARENTING ASSOCIATION RESOLUTION Motion to deny for lack of information · · · · · · · · · · · 17 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · l7 MAYOR/COUNCIL INPUT Police department · · · · · · · · · · · · · · · · · · · 17 Length of meetings · · · · · · · · · · · · · · · · · · · · 17 Code Enforcement Official position · · · · · · · · · · · 17 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · 18 -.- - -~ .., - ~ ,.-. --"-.--- . -_.- ..-",. .., . ._~ - ..- ,., ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 4, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on October 4, 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 Charlie Veiman, 13646 Crooked Lake Boulevard NW - was mad, disappointed and embarrassed with the City's Code Enforcement Officer. He asked the Council how many calls they received about actions taken by the Officer. No Councilmember had received calls; the Mayor stated he received many. ~r. Veiman - stated the people ore mad about the letters they receive, relating an incident of one woman who thought she was being told she could not hang her clothes on a line outside. It turned out to be a misunderstanding; but he thought there was a misunderstanding as to what this Official was to do. He understood the position was to take care of complaints, not look with binoculars trying to find ordinance violations. He felt this is getting out of hand, that it goes against what the people want, and asked to back off the snooping around. AGENDA APPROVAL Add Item 12a, Change Order to Hills of Bunker Lake 5th/Crown pointe East Utilities; and Item 31, Release Escrow/Project 88-13/Creek Haven. Remove from Non-Discussion/Consent Items for discussion: Item 14, Approve Revised Grading Plan/ Jonathan Woods; Item 20, National Parenting Association Resolution; and Item 30, Order Condemnation/ Project 94-3. MOTION by Perry, Seconded by Jacobson, to approve the amended Agenda. Motion carried unanimously. CONSENT AGENDA Item 15. Accept Petition/IP94-29/1519 148th Lane NW (See Resolution R239-94) - - -~- . - _.- - -- --- . - . - ~_._-~._. -- -.,.. ..-0. .. .-..- - - --- .-.. . Regular Andover City Council Meeting Minutes - October 4, 1994 Page 2 (Consent Agenda, Continued) Item l6. Accept Feasibility Report/IP94-29/1519 148th Lane (See Resolution R240-94) Item 17. Accept Easement/IP94-3/l40th Lane NW Item 18. Approve Change Order #2/IP94-25/Kelsey-Round Lake Park (See Resolution R241-94) Item 19. Authorize Quotes/IP94-16/Tulip Street Item 21. Receive August Financial Statements Item 22. Declare Cost/Order Assessment Roll/Delinquent Utilities (See Resolution R242-94) Item 23. Receive Roll/Order Hearing/Delinquent utilities (See Resolution R243-94) Item 24. Declare Cost/Order Assessment Roll/Mowing Charges (See Resolution R244-94) Item 25. Receive Roll/Order Hearing/Mowing Charges (See Resolution R245-94) Item 26. Declare Cost/Order Assessment Roll/Project 94-26 (See Resolution R246-94) Item 27. Receive Assessment Roll/Order Hearing/IP94-26/539 155th (See Resolution R247-94) Item 28. Declare Cost/Order Assessment Roll/False Alarm Fines (See Resolution R248-94) Item 29. Receive Roll/Order Hearing/False Alarm Fines (See Resolution R249-94) Item 31. Release Escrow/Project 88-13/Creek Haven Mayor McKelvey asked for a motion to approve the Consent Agenda. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. APPROVAL OF MINUTES September 20, 1994, Regular Meeting: Correct as written (Page 14 corrected and resubmitted by Recording Secretary). MOTION by Perry, Seconded by Dalien, approval as presented. Motion carried on a 4-Yes, 1-present (Jacobson) vote. ASSESSMENT HEARING/CONTINUED/IP91-16/159TH AVENUE Glen Cook, BRA, explained in looking at the water concerns on the Kinnen property, they found the water did not percolate into the soil as they had expected. He reviewed the drainage area going to that pond both before and after the street project, showing the same area flowing to that low spot. It was developed into a pond because the City had 30 feet of right of way on the south side of the road. They have talked to the Kinnens about the proposal to take out about 100 yards of material from the pond and backfill it with sand or other granular material. Now the pond is filled with about 1 1/2 feet of silt which prevents it from percolating and draining. With this correction, a five-year storm will ."- -. . Regular Andover City Council Meeting Minutes - October 4, 1994 Page 3 (Continued Assessment Hearing, IP91-16/159th Avenue, Continued) still mean water will run onto the Kinnen property. They plan to make this correction this fall, as well as plant and reseed the boulevard areas. They would not be putting in new top soil, as the contract called for salvage top soil for economic reasons. The other outstanding issue is the City's easements, which he is unable to address. Mr and Mrs. Kinnen - appreciated everyone's sensitivity toward their concerns. They wanted assurances the pond will be maintained so it does not have standing water and to know who they should call when it does become a problem. They also expressed great frustration over the lack of communication, as they have been stating their concerns all during the construction; and Mr. Olson of BRA said tonight he was unaware of this problem. They wanted a guarantee that this will be resolved, that it will continue to be maintained¡ and they argued against imposing an assessment until the work is satisfactorily completed. The Council and Engineers noted once the project is accepted, it is the City's responsibility to keep that pond maintained. When there is a problem, they should call Public Works; and if they receive no satisfaction, they should address the Council. The Council guaranteed the removal of the silt and adding of granular material will be done, stating it is the City's responsibility to see that something is done to correct the problem. An explanation was also given as to the deadlines imposed by the county for certifying assessment rolls and the need for adopting the assessment this evening. Roosevelt Gaines, 4877 159th Avenue - asked if the Council received a letter from his attorney on the issue of right of way. The Council noted they did receive that letter. MOTION by Jacobson, Seconded by Perry, to close the public hearing. Motion carried unanimously. MOTION by Jacobson, Seconded by Dalien, the Resolution adopting the assessment roll for the improvement of streets, Project No. 91-16, 159th Avenue NW. (See Resolution R250-94) DISCUSSION: Jim Evertz - stated he has the same issue of right of way, plus he is being charged double. The Council continued discussions with the residents, the Kinnens again expressing frustration over being assessed prior to the completion of the project and over the high personal cost this entire project has been because of the drainage problem. The Council again explained they are locked into the county's time table and assured them everything will be done to correct the problem. If there is a need for some adjustment to the assessment because of the drainage issue, a correction to the assessment can be done in the future. Dave DeRov, 4820 159th Avenue - asked how someone can be assessed when they don't actually own property on the road. They had a survey done, which shows who owns what property; and he is being assessed for property he does not own. He suggested the Council check into where that road was placed and where it belonged. Council noted those residents have already filed an appeal to the assessments. Motion carried unanimously. - ~- --.. - ...- ._--~._..-.-- - - Regular Andover City Council Meeting Minutes - October 4, 1994 Page 4 ASSESSMENT HEARING/CONTINUED/IP92-27/COMMERCIAL BOULEVARD Mr. Davidson explained he reviewed the proposed assessment for the Commercial Boulevard project and found that the proposed assessment to Roger Streich should not have included that portion for Outlot A. The original roll was based on an understanding that Mr. Streich was to purchase that outlot. He re-adjusted the assessment to each parcel, assuming that 25 percent of the costs will be assessed and 75 percent of the costs will be paid with TIF and State Aid Funds. The adjusted assessable costs amount to $338,213.20, with the balance to be paid by the City of $844,932.42. The result is the assessments were lowered for Mr. Streich and Mr. Runke and were raised for BBP Investments, Inc. , Kottke's Bus Service, and Echo Ridge. He did not notify anyone of the proposed change in the assessments. Attorney Hawkins advised that because those people were not notified of the increased assessment from what they were told in the official public hearing notice, that the hearing be tabled to allow time for that notification. MOTION by Jacobson, Seconded by Perry, that we table the assessment until the next regular meeting of the City Council. DISCUSSION: Staff indicated the county deadline of October 15 would not be met if this item is tabled. Councilmember Dalien stated extensions have been granted in the past. He suggested Staff ask the county for an extension to allow time to notify the property owners. It was agreed to table the item to the November 1 regular meeting, assuming an extension can be obtained until then. If a shorter extension is given, the Council agreed to hold a special meeting following the legal notification requirement. Councilmember Jacobson CHANGED the motion to table to the November 1, 1994, regular meeting. Second Stands. Motion carried unanimously. ASSESSMENT HEARING/CONTINUED/IP93-9/XEON STREET STORM SEWER Kathv Doucette, 14469 Xeon Street NW - presented her case as to why the properties in Weybridge 1st should not be assessed. She noted in January, 1992, the City Council knew that Weybridge already paid its storm sewer assessment because seven opportunities presented themselves to the City Council and city officials on this issue. One of the petition approved by the Council stated Weybridge would be an exception. A feasibility report received by the City was accepted by the City Engineers and City Council. There was no mention of storm sewer to Weybridge Block 1 in either case. Each of the Weybridge phases were mentioned separately in that feasibility study. Weybridge Phase 1 had eight line items in that report; and Weybridge 2 had only four line items. She stated the report was purposely written with specific verbiage. On page 2 the report also notes the "remaining cost per lot", which she states confirms the knowledge that the 1992 City Council and City officials knew that Weybridge Phase 1 had paid their portion of the costs. It also states that the remaining 13 lots have been provided Regular Andover City Council Meeting Minutes - October 4, 1994 Page 5 (Continued Assessment Hearing, IP93-9/Xeon Storm Sewer, Continued) with utilities under the Creek View Crossing development. When pulling the assessment roll for Creek view Crossing, it shows $850,000 estimated for water, sewer, and storm sewer construction, with costs payable to the area east of Xeon of $43,470, which is that area being assessed now. Ms. Doucette went on that she called the City Clerk to confirm that Creek view Crossing had paid its assessments in full; therefore, the assessments for Weybridge Block 1 have been paid. She submitted Project 93-9 is a bookkeeping error and asked that it be dropped. Mayor McKelvey explained the costs assessed in Creek View Crossing for that area east of Xeon was for laterals. This project i~ for the area assessment which doesn't appear anywhere because this was not a project until June 15, 1993. The lots in Weybridge were never assessed the area trunk storm sewer charge. Councilmember Jacobson noted the dispute between the developer of the Weybridge plats and the City. Mr. Windschitl is saying he paid all of the storm sewer costs and the City Engineer is saying this area assessment was not paid. Because this issue is being litigated, he suggested the Council approve this assessment. If the court agrees with the City, the assessment would stand. If the court agrees with Mr. Windschitl, the City would cancel the assessments for these 18 lots. Mayor McKelvey felt it was the City's negligence that this was not collected when the Weybridge plats were developed; therefore, the assessments should be dropped against these lots now. He didn't feel it was right to go back and collect from the property owners after the fact Scott Post. 14367 Xeon Street NW - stated his developer should have paid that $0.04 square foot before he bought his home. He should not have to pay it. Councilmember Jacobson stated that would be between the home owner and the developer. Legally, the City can only assess the property owner at this point. Ms. Doucette - found according to the City of Andover Assessment Manual and Policies, pages 8 and 9, statement 3, that the developer should be paying that special assessment. She asked the Council if they interpret that policy statement that way, then assumed they did by the Council's silence. She went on to point out that the Council took the position of not assessing the area storm water charges against the existing residents in the Oak Bluff 1st development after the fact. She asked if this Council plans to discriminate against the Weybridge residents or to treat them the same as those in Oak Bluff. Mayor McKelvey noted it was later determined that that particular Oak Bluff area storm sewer assessment was paid by the developer when developing Oak Bluff 2nd. Ms. Doucette - noted the decision not to assess existing residents in Oak Bluff was made before it was determined that the cost was already paid. On June 15, 1993, the Minutes reflect that it was an oversight that the Weybridge developments were not included. She asked the Council to seriously review the information she presented, especially the policy and procedure statement. Also, if this is assessed and then cancelled, will they be reimbursed with interest? 0_- _._ _ _ __ ._._.._.,_~__. __._ ~_ Regular Andover City Council Meeting Minutes - October 4, 1994 Page 6 (Continued Assessment Hearing, IP93-9/Xeon Storm Sewer, Continued) Jerry Windschitl. Ashford Development - clarified that Weybridge and Weybridge 2 are not a part of any litigation, that the litigation has nothing to do with any of these properties. He stated the $0.04 square foot was not uniformly assessed. He reviewed the calculations shown in the Creek View assessment roll relating to storm sewer assessments, showing that at the very most, those west of Xeon Street were assessed less than $0.01 square foot for storm sewers. He asked that this entire issue be reviewed. winslow Holasek. 1159 Andover Boulevard - was confused as to where all the money being assessed the $0.04 square foot area storm sewer is going. He related all the assessments paid to date by the various developments comes to about $299,000, excluding Old Colony Estates, Creek View Crossing and Weybridge 1st and 2nd. He has tried to understand what the City did with all of this money. Mayor McKelvey explained there are actually two watersheds, that along Bluebird Street and this one along Xeon Street, both of which drain to Andover Lake and outlet to Coon Creek. Some of the funds were used to construct the trunk down Bluebird and supposedly Mr. Hammel paid part of the Creek view Crossing in the form of a donation of the lake. He understands that when both watersheds are ultimately developed, the assessments paid from all areas will pay for the costs of constructing the storm seWer with an excess of about $70,000 remaining to be used for the maintenance of those sewers. Mr. Holasek - asked to know the costs for the Bluebird Street storm sewer. He understands a bond has been floated this year for $223,000 for the Xeon Street storm sewer. He didn't understand why a bond is needed with the collection of almost $300,000 in assessments already. Mayor McKelvey suggested he and Mr. Ho1asek meet at City Hall to review the figures of those projects. Councilmember Jacobson retracted his previous suggestion to approve the assessment roll and rescind it if the Windschitl litigation is not in the City's favor. Because of all the confusion with this entire project and the relatively small assessment at this time, he suggested the item be tabled indefinitely. At a future date, the Council would again hear all of the data from the Engineers in order to gain a greater understanding of this before voting on it. Mr. Davidson explained the bond issue was to supply the funds to pay the contractor to construct the facility, with the Xeon storm sewer to be done this year. The payment of the bond will come from assessing development as it occurs. Much of that has been assessed over ten years or longer. The $70,000 for maintenance noted by the Mayor is if the entire sewer district is developed over ten years and assessed the $0.04 square foot. It is calculated to be $90,000 for maintenance and to cover the cost of those areas which do not develop within that ten years. A lengthy discussion continued with residents in the audience. Residents argued they should not have to pay this because it should have Regular Andover City Council Meeting Minutes - October 4, 1994 Page 7 (Continued Assessment Hearing, IP93-9/Xeon Storm Sewer, Continued) been paid by the developer and that nothing will really change a year from now if this is simply postponed. In some cases the project was ordered prior to the closing of the house, yet this assessment did not show up in the assessment search. One gentleman stated his developer is going to pay the $160 that was shown on his assessment statement because he closed after the project was ordered. He has inquired why his is only $160, and no one can given him an answer, claiming the City does not know what it is doing. Another charged the City is asking them to pay for its mistake of not assessing the developer during the platting, stating that is not right. They did not feel they should have to pay the assessment when they purchased their homes in good faith with the understanding that all assessments were paid. There was also confusion as to what this assessment actually pays for, as no work was done in the Weybridge area for several years. The Council again explained the assessment is an area charged for storm sewer to buy into the system. The City's position at this point is that area charge was never paid for the weybridge 1st and 2nd areas. The actual construction this year was done north of Andover Boulevard, but that does not relate specifically to this assessment. Although she felt the assessment is correct, Councilmember Perry agreed that all the facts should be reviewed again before making a decision. MOTION by MCKelvey, Seconded by Knight, that since the $0.04 square foot was not collected when projects of Weybridge 1st and 2nd were done, that they now be taken care of by the City and not assessed against the individual homeowner in that area. DISCUSSION: Councilmember Knight felt more confused the more he listened to all the information. He did not think anything would be resolved by tabling it. He agreed the benefitted areas should pay but that the developer should have been originally dealt with for this cost. For whatever reason, that was not done. He was not comfortable with collecting that assessment from the homeowners at this point. In the beginning he favored the assessment, but he felt Ms. Doucette had a good presentation and convinced him the homeowners should not be assessed at this point. He hoped the residents understood the difficulty in this project. Mayor McKelvey then noted the hearing should be closed before acting on his motion. MOTION by Jacobson, Seconded by Dalien, to so move. Motion carried unanimously. Mayor McKelvey reintroduced his motion to cancel the proposed assessment, Second Stands. Motion carried on a 3-Yes, 2-No (Jacobson, Perry) vote ;'-.Of\-lA.kyÞrr~'D'" J 131.<.1( I, ~.fs 1-/3; <.J"'Y~ "J.$ ~J ß '.<.1( I, ~of-s ... ~,; lJ.)"--'fbr;~... ~~ AIol¡f;ol', ßlocF.r., L<>i-/-3. (~ðr- 10)'/9'1 SPECIAL USE PERMIT/REAL ESTATE SIGN/FOX WOODS/GORHAM BUILDERS MOTION by Jacobson, Seconded by Perry, the Resolution granting the Special Use Permit request of Gorham Builders, Inc., to erect a real estate sign on Lot 23, Block 6, Fox Woods. (See Resolution R251-94) Motion carried unanimously. - _.- - -. -,.....- .-0 _ _~ _ ,_._ Regular Andover City Council Meeting Minutes - October 4, 1994 Page 8 SPECIAL USE PERMIT/KENNEL LICENSE/160 ANDOVER BOULEVARD Glenda Lawson, 160 Andover Boulevard - noted her two letters indicating the background of her operation and how it is run, one originally sent to the Planning Commission and the second sent recently to the Council. Since the hearing, she talked with the neighbors and those who objected. They indicated to her that they had thought she was going to be building a kennel, which is the last thing she wants to do. Not wanting to put dogs in kennels is the reason she runs her operation as she does. Of the 13 neighbors, only two still objected. Council indicated they have three letters objecting to this request. Ms. Lawson - stated she talked with Ms. Neslund after the hearing, who indicated she really did not hear her dogs. Ms. Neslund did not write the letter but signed one presented by another neighbor. Ms. Lawson said she did not ask, nor would she ask, Ms. Neslund to write another letter rescinding the objection. But verbally Ms. Neslund had no problem with the proposal. The Council noted only Ms. Neslund could rescind her objection. They could not accept Ms. Lawson's conversation with her to void the letter. Ms. Lawson - stated she owns two dogs and cares for two to six dogs on the average, sometimes up to ten on holidays. They are like her pets, and she takes very good care of them. There may be some concern with noise, but dogs do bark; and she brings them inside whenever that happens. People run all kinds of machines, and no one complains about that. She did not like the term IIkennelll, as this is not a kennel. There has never been a complaint about her operation. This apparently came about because someone stopped at a house about a mile away looking for her place, and that person inquired about a kennel at City Hall. Councilmember Perry explained she is acting as a kennel facility; and because she is caring for more than 3 dogs, it falls in the kennel category. Ms. Lawson - argued she has three acres in a district that allows kennels; and the only reason this is being denied is because two neighbors don't like it. She has been doing this for four years, and those people didn't know what she was doing until this procedure came about. Mr. Carlberg explained the item was brought to his attention because of a complaint, and she was advised to go through the Special Use Permit procedure. Kennel licenses are renewed each year. If there are complaints, he would bring them to the Council; and the Council would have to direct him to begin revocation of the Special Use Permit. Ms. Lawson - stated this is most of her income at this time. It is full time, 24 hours a day. Councilmember Dalien understood there might be a problem with barking because the houses are very close together; but he has had Ms. Lawson care for his dog and she does keep them in her house and treats them like her pets. That is why he asked her to care for his dog; he had reservations about leaving it in a kennel. If there are problems with the neighbors, it should be corrected. .., -~. . ,-. '--' Regular Andover City Council Meeting Minutes - October 4, 1994 Page 9 (Special Use Permit/Kennel License/160 Andover Blvd., Continued) Karmen Mohlencamp, 140 Andover Boulevard NW - realized there are a lot of dogs in the neighborhood. They haven't complained because they like to be good neighbors. They didn't call the Sheriff, hoping it would get better. When the notice came about this kennel, she realized it would not get better. The dogs are not always on a leash and they do get into their yard, sniffing around and making a mess. They can hear Ms. Lawson calling the dogs for long periods of time. Again last week they heard her calling and there were dogs in their yard. She's seen Ms. Lawson walking around the neighborhood looking for dogs. She did not think the dogs being boarded there were very secure, the concern being with the ability of the dogs to go out of Ms. Lawson's yard and into their own yard. Sometimes there are dogs barking, as well as snarling and growling at one another. She owns dogs, but she has never seen a kennel where dogs are left to run off the property. If Ms. Lawson wants to exercise them, they should be on a leash. Elena Johnson, 206 Andover Boulevard NW - is the closest neighbor with their bedroom less than 40 feet from the gate where Ms. Lawson lets her dogs out. She felt Ms. Lawson is getting blamed for the barking by other dogs in the neighborhood, including her own. There are seven dogs between her house and two others. She has two dogs, one from Ms. Lawson. She found it insulting that people would question the welfare of the dogs under Ms. Lawson's care. She felt there is a difference of opinion between Ms. Mohlencamp's idea of a kennel who used to breed dogs and Ms. Lawson who treats them as her pets. She leaves her dogs with Ms. Lawson whenever she goes out of town, plus Ms. Lawson comes over to care for her dogs during the day without even being asked just because she does not like to see the dogs in the kennel. Ms. Lawson takes very good care of the dogs. When she finds strays, Ms. Lawson cleans them up, feeds them, makes sure they get their shots, and makes sure the people wanting the dogs will care for them before giving them to them. Ms. Lawson does this because she loves dogs. Ms. Johnson stated Ms. Lawson's yard has less dog mess in it than her own yard does at any given time, and Ms. Lawson's home is just as clean. people like this are needed so they can feel their animals are well taken care of. Ms. Johnson went on to explain that Ms. Lawson was advised to get an attorney and to ask the neighbors to say they did not write the letter. Neighbors have said they do not hear Ms. Lawson's dogs. The third letter in the Council packet is false, as that neighbor has told Ms. Lawson there is no problem. No one has complained for four years because they did not hear the dogs. She was upset after the Planning Commission hearing because it seems like the decision was made before Mr. Lawson or anyone else could talk. This is Ms. Lawson's sole means of support. If the Mohlencamp's have dogs in their yard, it was probably her dogs, as she lets them run, or dogs from some of the other neighbors. Ms. Lawson did bring dogs to the creek, two or three at a time and occasionally One would go onto someone else's property. Ms. Johnson stated they have spent $1,000 on landscaping, and she has no problems with dogs harming it. Ms. Lawson has now put up a big fence; and she didn't think the dogs have been in the yard since, as the dogs Regular Andover City Council Meeting Minutes - October 4, 1994 Page 10 (Special Use Permit/Kennel License/160 Andover Blvd., Continued) are never outside of the fence now. If anyone would hear the dogs at night, it would be her; and she doesn't have a problem with it. She did not want Ms. Lawson to leave, suggesting the Council check the place out and possibly limit the number of dogs she could care for. with this being the proper zoning, with no complaints in four years, with only 2 out of 13 residents opposing, that is the vast majority appreciating her being there and wanting her to have this license, and because having nice neighbors one can count on is why she moved to Andover, she asked the Council to at least give her a chance. Bill Aussen, 14810 Palm Street - stated since the fence has been put in, which he did, the dogs have not gotten out. Ms. Lawson has a zealous and meticulous attitude toward the care of her dogs, plus the same desire to have a good relationship with her neighbors. She contacted just about everyone in her neighborhood since the hearing, and the final outcome is some of what was presented to the Planning Commission was a little suspect. Ms. Lawson is clearly willing to allow a permit with an evaluation period, which he felt would also be agreeable to the Mohlencamps. The fence is about 5 feet, and there are dogs that can jump that. The second fence, a six-foot privacy fence, the dogs could not get out of. It is cyclone fence with a gate. Ms. Lawson - stated the dogs are never unattended when they are outside in the fenced area. She has two fences, and she plays with the dogs in the elongated area. When she goes in, she places them in the other fenced area. Ms. Johnson - stated when Ms. Lawson is calling in the neighborhood, it is generally for the cats which haven't been around for some time. She does hear that quite often. Mr. Carlberg advised the granting of a Special Use Permit goes to the property, not the person. Mr. Aussen had several questions about the findings of fact by the Planning commission relative to the size of the parcel and what it means to be a nonconforming lot. Mr. Carlberg explained the Commission questioned the close proximity of the neighbors as it relates to the number of dogs that may be in Ms. Lawson's care at anyone time, that potentially the suggested size of the operation is excessive for the site. The lot is nonconforming because it does not meet the width requirement of an R-1 lot. Normally in an R-1 district, the houses would be further apart because the lot width is 300 feet, so the noise issue would not be a problem. This lot is only 150 feet wide. The City has regulated the hours of operation, the number of animals, and the training of dogs, but never the size of the runs. Mr. Fursman noted if conditions are placed on the permit and there are problems, it could be brought before the Council for further review. MOTION by Perry introducing the Resolution denying the Special Use Permit request of Glenda Lawson for a kennel license located at 160 Andover Boulevard NW; the reason for the denial are those stated by the Planning and Zoning Commission in their findings of fact. Motion died for lack of a second. Regular Andover City Council Meeting Minutes - October 4, 1994 Page 11 (Special Use Permit/Kennel License/160 Andover Blvd., Continued) MOTION by Jacobson, Seconded by Dalien, that the City Council approve a Special Use Permit request of Glenda Lawson for a kennel license located at 160 Andover Boulevard NW, legally described as the west 200 feet of Lot 4, Auditors Subdivision No. 141 located north of Coon Creek in Section 25, Township 32, Range 24, Anoka County, Minnesota, subject to easements of record if any, for the reasons: the property is properly zoned R-1 and does conform to the area requirements, although the Council does know it does not conform to the frontage requirement. Conditions are that the dogs must be kept within a fenced area except when they are leashed and in the possession of the person who may be exercising them at the time. The number of dogs is limited to ten at anyone time. Instead of the normal one-year review, the Council will review the Special Use Permit in six months. (See Resolution R252-94) Motion carried on a 4-Yes, 1-No (Perry) vote. VARIANCE/4401 158TH AVENUE NW/STENQUIST MOTION by Jacobson, Seconded by Knight, the Resolution as presented by the Planning Commission. (See Resolution R253-94 approving the request) Motion carried unanimously. AMEND ORDINANCE 8, SECTION 8.07, SIGNS Mr. Carlberg explained the proposed amendment would allow advertisement signs by Special Use Permit when used in conjunction with fencing for recreational facilities. The signage is not to be visible from public right of ways or residential property as viewed from ground level. The Planning Commission is recommending approval. The amendment was brought about by a request of Pov's Sports Bar to have advertising signs around its ball fields. This amendment is intended for ball fields only and could apply to the Field of Dreams project as well. He pointed out the intent was to allow this by Special Use Permit, so the proposed amendment should be corrected to state, "Advertising signs by Special Use Permit when used in conjunction with..." Councilmember Jacobson questioned what is a recreational facility, suggesting it could also be applied to golf driving ranges, hockey rinks, tennis courts, snowmobile trails, etc. He felt that much advertising signage would be visual pollution. He thought the amount of signage allowed under the current ordinance, approximately 640 square feet of signs for Pov's, should be sufficient. To him this seems like spot zoning. Councilmember Knight stated the signage around ball fields is done all around the country. If done at the Field of Dreams, it would be source of revenue to maintain the fields. High schools are selling space on their fences to fund the maintenance of the fields. He didn't see anything wrong with the proposal. Attorney Hawkins did not have a problem with the amendment. Regular Andover City Council Meeting Minutes - October 4, 1994 Page 12 (Amend Ordinance 8, Section 8.07, Signs, Continued) Brad Provlitzki - stated his ball fields are four feet lower than Bunker Lake Boulevard and the majority of the field will be hidden, but there will be areas that the signs can be seen from the road. He would like that provision relating to visibility from public right of way removed from the amendment. He also recommended this be done in the Field of Dreams project to fund the maintenance. He had a video which he showed at the Planning Commission meeting on what the fields with the signage look like at some other facilities. The Council was familiar with such facilities, and because of the late hour, agreed not to view the video. MOTION by Knight, Seconded by Perry, to amend the ordinance to read, "Advertising signs by Special Use Permit when used in conjunction with recreational facilities (ball fields)." VOTE ON MOTION: YES-McKelvey, Knight, Perry; NO-Dalien, Jacobson. Motion failed for lack of a 4/5 vote required on a change to the ordinance. MOTION by McKelvey, Seconded by Da1ien, to amend the ordinance to read, "Advertising signs by Special Use Permit when used in conjunction with recreational facilities (ball fields) that are not visible from adjacent residential property as viewed from ground level." Motion carried on a 4-Yes, 1-No (Jacobson) vote. APPROVE PRELIMINARY PLAT/ELDORADO ESTATES Mr. Haas reviewed the preliminary plat of Eldorado Estates which consists of five rural residential lots. The Andover Review Committee is recommending approval of a variance for the length of the street. The Planning Commission is recommending approval. MOTION by Knight, Seconded by Perry, introducing the Resolution approving the preliminary plat of Eldorado Estates as presented. (See Resolution R254-94) DISCUSSION: Councilmember Jacobson wanted to make sure the individuals on the east side of Eldorado will not be receiving an assessment for the construction of that road. Mr. Haas stated it is up to the developer, Mr. Larson, as to whether he will construct the road himself or petition the City to do it and assess those who benefit from the street. Jed Larson, Developer - stated this was discussed already and a vote was taken that the corner lot on E1dorado and 165th does benefit by the roaè. There is no question that the Jensen's benefit from the road. Councilmember Jacobson questioned the triangular piece where Eldorado jogs at 166th Avenue. Hr. Haas stated that will be dedicated as right of way. He also noted that the owner of the property, Mr. Slyzuk did sign the application. A resident was concerned about the drainage, noting the problems they have had in the past with the drainage going east down 166th but which has since been resolved. Mr. Haas stated with the curb on the road, it should really help the drainage in that area. Motion carried unanimously. ,. - - .-.- ,- - .- ,- . . . ... ~- - .. . .-.. Regular Andover City Council Meeting Minutes - October 4, 1994 Page 13 The Council recessed at this time; 10:25; reconvened at 10:30 p.m. DISCUSSION/COUNTRY CONCRETE Mr. Carlberg reviewed zoning violations of the operation known as Country Concrete and Construction at 16214 Xenia Street NW which has been operating since 1971. Staff met with the owner and his attorney on September 20; and as a result, the attorney sent a letter proposing a resolution to the issue. The proposal is to remove some items and to basically cease the operation wi thin four years. Since Staff has no authority to negotiate the resolution of ordinance violations, he asked for Council consideration and action. Councilmember Perry stated she received a call from Guy Stanton, 16193 Vintage Street, who has lived in the community for only a short period of time. He was not troubled by the activities in question, stating the owner has been a very good neighbor. Mr. Fursman thought the owner was nearing retirement and was not interested in moving his operation at this point. The Council was agreeable to the proposal, recognizing this is setting a precedent if similar operations are discovered in the City. It was noted, though, that a lengthy time period was also allowed with the Crooked Lake Tire operation. Attorney Hawkins felt a different standard could be used for businesses in operation for 6 months or 1 to 5 years, for example, as opposed to one like this which has operated for 23 years. He also suggested there should be a written business termination agreement that incorporates all the conditions and includes provisions of enforcement. MOTION by Jacobson, Seconded by Perry, that the City Council direct the City Administrator, Mayor and City Attorney to draft a legal agreement between the City and Mr. Wayne Knudson, known as Country Concrete & Construction, Inc. , 16214 Xenia Street NW; and that the agreement be based upon the points in the letter to the City from Mr. Knudson's attorney dated September 22, 1994; and that the City request that consideration be made in addition to the points in the letter to the construction of a screening fence in the rear of the property for the storage of used forms for the four-year period, and leave the determination of that to the negotiators from the City. Motion carried unanimously. DEDICATION OF CITY HALL BALL FIELD Ron Nelson. 1767 132nd Avenue NW. Coon Rapids, addressinq the Council on behalf of the Andover Baseball Association - explained the five-year-old son of one of their coaches was killed this summer, and they are asking that one of the fields be dedicated to the memory of Brian Sorenson because of his team spirit and attitude toward the game. The Park and Recreation Commission has given their approval. MOTION by Knight, Seconded by Jacobson, that the City dedicate Field 4, City Hall Park Complex #1, to Brian Sorenson; and move that we approve the wood sign to be placed as a part of that. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 4, 1994 Page 14 CHANGE ORDER TO HILLS OF BUNKER LAKE 5TH/CROWN POINTE EAST UTILITIES Mr. Davidson explained originally a commission number was assigned for the entire Crown pointe and Crown pointe East projects. They have issued a new number for Crown pointe East only. Jerry Windschitl, the developer, is proposing the City allow him to have the utilities extended to his Crown Pointe East plat from the Hills of Bunker Lake 5th Addition plat up Quince Avenue north to the proposed extension to the Creek, and east along 141st Avenue to the first intersection. This would provide approximately 29 lots for development. C. W. Houle, the contractor for the Hills of Bunker Lake 5th, has faxed an agreement to a change order to that project based on the same unit prices to extend the sewer, water, and storm sewer. Concrete curb and gutter and Class 5 base are not in this agreement. The request is for the Council to approve a change order to the Hills of Bunker Lake 5th Addition to allow for this proposal subject to review by the Staff. Approval is also needed for the final plat of what would be known as Crown pointe East 1st Addition, plus the Development Contract must still be completed. Mr. Houle would begin this project as soon as he is finished with work on 14lst Lane NW, which should be Thursday or Friday of this week. Councilmember Perry was concerned with rushing things through, which then results in costly mistakes and problems. She thought it was inappropriate to approve a change order until there is an approved plat and the Development Agreement in place. Attorney Hawkins advised either the plat must be approved and filed or easements recorded before work begins on that property. Mr. Davidson stated it has been very difficult to get all of the plats out, grading changes reviewed, and other requests of developers so they can meet their schedules. There are so many things coming in late in the year. He agreed they haven't been going into new areas without pre- approval of the plats and right of ways and the Development Contract signed. Jerrv Windschitl, Ashford Development - stated the information for the Development Contract is in Mr. Hawkins' office. He has no problem with doing these things ahead of the work being done. Normally a plat is approved on the Consent Agenda, so he felt it is a matter of approving this plat subject to the Staff's approval before it would be final. There are no changes to the grading plan which has already been approved and no outstanding issues to get this project going. If that doesn't work, he would be willing to sign an easement for public right of way for the contractor to work on. The reason for the request is because the contractor is very close to finishing in the Hills of Bunker Lake 5th and because of the weather. At best they have four working weeks left this year. With this approval, he would be able to meet the cut- off date for the Preview of Homes next spring. Councilmember Jacobson had the same concerns as Councilmember Perry. Also, there have been differences in the past with Mr. Windschitl which have resulted in litigation; and he did not want to rush this through and possibly make a mistake or create confusion or misunderstanding on " Regular Andover City Council Meeting Minutes - October 4, 1994 Page 15 (Amend Ordinance 8, Section 8.07, Signs, Continued) some item. Councilmember Dalien had always looked at Crown pointe East as one project and was concerned with dividing it now. Councilmember Knight and the Mayor did not have a problem with the request as long as the City is protected. Councilmember Perry continued to be uncomfortable with rushing this through, noting people are working overtime just to meet the developers' requests. The Council has talked about the need to regulate the development, even limiting the number of building permits. By continuing to ramrod things through for whatever reason, the Council is not looking at any of the impacts on the Staff and consultants. Mr. Windschitl - stated everything was ready to go last November. They have been trying to get this project done, but they were held up when the Council denied the rezoning request earlier this year. Another developer was in the same situation, but he continued to move his plat along and has that project in the ground. Mr. Windschitl stated he was of the understanding that he was not to proceed because of the rezoning denial, and that is why he is here with this plat. MOTION by Jacobson, Seconded by Perry, that the City Council does not want a change order; and that the request of the developer should go through the normal procedure for the plat. Motion carried on a 3-Yes, 2-No (Knight, McKelvey) vote. APPROVE REVISED GRADING PLAN/JONATHAN WOODS Councilmember Jacobson questioned the drastic changes in the grading plan. This one shows a pond outside of the platted area. He felt the approved grading plan should be adhered to by the developers; otherwise, why have them. Mr. Davidson explained initially the developer was 10,000 yards of dirt short. Now he has 10,000 yards of dirt to waste. There has been a change in ownership on this plat and Foxberry Farms. When the grading started, they dropped the street four feet; and they had the project out for bids already. There is getting to be more and more of these last minute changes. Most of this is the rush to get work done before winter, to get the houses sold and to get the contractors working on their plans before everyone else does. Mr. Haas explained the developer has purchased the vacant lot on which a portion of the pond is being proposed, and it will be dedicated as easement for drainage. The purpose of the ponding is to create walkout lots. Councilmember Jacobson felt this is the result of poor planning and that a revision should have been approved before they changed the grade. Mr. Haas agreed with Mr. Davidson, noting the developers have been thinking the grading plans are only preliminary. He has been informing them they are certified grading plans that cannot be changed. Another problem is the developers' engineers are certifying the grade meets the plan; but when Staff looks at it, the grading is not even close to the plan. In addition, the Building Department has discovered that the certified grading plans for lots are not correct, and seven or eight were rejected yesterday. Then building permits are not issued until they are corrected. Regular Andover City Council Meeting Minutes - October 4, 1994 Page 16 (Revised Grading Plan/Jonathan Woods, Continued) MOTION by Jacobson, Seconded by Dalien, on Item 14, the reason for this change is for walkout basements and it puts ponding outside of the platted areas, move to deny the request on the revised grading and erosion control plan of Jonathan woods shown in Item No. 14. Motion carried unanimously. ORDER CONDEMNATION/PROJECT 94-3 Councilmember Jacobson stated it appears the ponding area is outside of the plat. He asked why the City is condemning an individual's back yard for the benefit of the developer when that developer should be providing ponding in his own plat. Mr. Davidson explained it is really for 140th Lane, though Hills of Bunker Lake 5th and Crown Pointe East do drain into it. The original intent was to allow the water to continue going as it had in the past. Mr. Steele, the owner of this property, had indicated he wanted to sell that right to the City for $90,000. Mr. Davidson suggested a value be established through condemnation. Councilmember Jacobson asked if more property is being taken for ponding than what was ponding before. Mr. Davidson explained they will control the level of water runoff. The runoff from 140th will be at a faster rate after the paving than before. The easement is needed to run the storm sewer pipe back to the pond. Mr. Steele has said he wants to City to own it if water is run back there. This is just defining the ponding which is already defined as wetland. In the mean time, if Mr. Steele is agreeable, perhaps the City can get a right of entry until it can legally enter the property. MOTION by Jacobson, Seconded by Perry, to authorize the condemnation on Project 94-3 on 140th Lane as presented on Item 30 on the agenda tonight with the proviso that the Staff or Engineers and/or City Attorney continue to negotiate an attempt to work out a mutually agreeable solution and price before they complete the condemnation if that is possible. (See Resolution R255-94) Motion carried unanimously. DISCUSSION/JOINT FIRE DEPARTMENT Counci1member Jacobson suggested the City initiate discussions with the Anoka Fire Department to see if there is some method of combining services and Departments. He really didn't know if anything could be done but felt that should be explored. Councilmember Perry also suggested joining with Ham Lake would be more advantageous so the City doesn't have to worry about the railroad tracks. Fire Chief Dale Mashuqa - would have liked to have received a notice about this. He didn't know if something could be done with other departments. Andover already has joint agreements for mutual aid with both cities plus purchasing consortiums, etc. He would be willing to serve on a committee to research anything the Council has in mind. Mayor McKelvey appointed Councilmember Jacobson, Fire Chief Mashuga, and Mr. Fursman to confer with the fire departments of Anoka and Ham Lake and report back to the Council in several months. Regular Andover City Council Meeting Minutes - October 4, 1994 Page 17 TIF MAP RECONFIGURATION MOTION by Knight, Seconded by Jacobson, to table the TIF item until the next meeting. Motion carried unanimously. SALE OF CITY PROPERTY TO ISD III Mr. Fursman reported the appraisal for the land across the street from City Hall came to $10,700 an acre. The school district has offered $10,000 an acre for the property but has verbally stated they would agree to the appraised amount. The Council agreed the land should be sold for the appraised value and directed the Staff to negotiate the sale for the appraised value per acre. NATIONAL PARENTING ASSOCIATION RESOLUTION MOTION by Jacobson, Seconded by Perry, not to sign this Resolution of support simply because we don't know who they are or what they stand for. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Knight, approval of the Claims in the amount of $59,l48.96. Motion carried unanimously. MAYOR/COUNCIL INPUT Police Department - Councilmember Knight suggested the City initiate contact with the City of Ham Lake regarding the possibility of pricing out a joint police department. Length of Meetings - The Council discussed several options in an attempt to shorten the length of the meetings. Some suggestions were to quit at 10:30 unless there is an agreement to proceed; to shorten the discussion on some items; to limit the amount of time for public input; to follow Roberts Rules of Order and make a motion on an item before it is discussed; to hear public input, then close the public hearings before the Council discusses the item; have individuals register prior to discussing an item if they wish to speak to that issue; discuss items first when people are present for them; or have Staff indicate a time limit next to each agenda item as a guide for Council discussion. Mayor McKelvey indicated he would take these under advisement in an attempt to reduce the length of the meetings. Code Enforcement Official position - Mayor McKelvey stated he is getting six to eight calls a day complaining about the actions of the Code Enforcement Officer. A number of calls were about the Official sitting on the road with binoculars looking for violations, which he thought was oVer zealous. Mr. Fursman explained the binoculars are only used to Regular Andover City Council Meeting Minutes - October 4, 1994 Page 18 (Revised Grading Plan/Jonathan Woods, Continued) determine if the license tabs on vehicles sitting in yards are current because he does not have the authority to go onto private property. That is the only thing bi~oculars are used for. Councilmember Knight questioned the wisdom of doing that regardless of why it is being done. Councilmember Jacobson understood the Official was to handle complaints received by Staff and anything he could see from the public right of way without entering onto private property. He also recalled the Council understood at the time the position was created that there were going to be complaints and that they were going to take the heat I He asked that the Council be given a list of complaints written by the Official. MOTION by Dalien, Seconded by Perry, to adjourn. Motion carried unanimously. The meeting adjourned at 12:12 a.m. ~~"~~~~L Marcella A. Peach Recording Secretary "_ _~ 0- __0. _ ... . .~__.____.___ --- - ----