Loading...
HomeMy WebLinkAboutCC August 1, 1995 1\\ CITY of ANDOVER Regular City Council Meeting - August 1, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Amend Ordinance 8, section 7.03/Special Uses/Impound Lots 2. Amend Ordinance 8, Sec. 3.02 & 7.03/Therapeutic Massage in Commercial Districts 3. Ordinance 110/Therapeutic Massage 4 . Receive Petition/Woodland Terrace Traffic Issue BRA Meeting 5. Approve Levy of Special Benefit Tax/Anoka county HRA EDA Meeting 6. Order Public Hearing/Set Sale/TIF Bond 7. Receive Feasibility Report/Order Hearing/Commercial Blvd. Extension/94-33 Staff, Committees, Commissions 8. Computer Update 9. Met Council Report/Septic Inspections Non-Discussion Items 10. Approve "No parking" Resolution/Bunker Lake Blvd/Burnet Senior Classic Golf Tournament 11. Order Feasibility Report/Crooked Lake Blvd./95-14 12. Approve Quotes/93-7/Fencing/City Hall Park Complex ~2 13. Adopt Resolution/Name Change 14. Approve Payment/91-22 & 91-28/Round Lake Blvd. & Bunker Lake Blvd. 15. Approve C.O. ~4/Woodland Pond 2nd/94-2 16. Approve C.O. ~2/Crown pointe East/94-22 17. Approve C.O. ~3/Section 22/94-18 18. Approve C.O. ~2/93-30/Bunker Lake Blvd. Frontage Rd/phase 2 Mayor-Council Input Approval of Claims Adjournment .,...... -- .-. II . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 1, 1995 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R133-95 approving "No Parking" on Bunker Lake Boulevard/Burnett Senior Classic Golf Tournament · · · · 1 Approve Quotes/IP93-7/fencing/City Hall Park Complex #2 awarding bid to North Star Fence, $10,200 · · · · · · · · 1 Resolution R134-95 approving name change (Nichols to McGann) 1 Resolution R135-95 approving payment/IP91-22 and IP91-28! Round Lake Boulevard and Bunker Lake Boulevard · · · · · 1 Resolution R136-95 approving change order #4/Woodland Pond 2nd/IP94-2 · · · · · · · · · · · · · · · · · · · · · 1 Resolution R137-95 approving change order #2/Crown Pointe East/IP94-22 · · · · · · · · · · · · · · · · · · · · · · 1 Resolution R138-95 approving change order #3/Section 22/IP94-22 1 Resolution R139-95 approving change order #2/IP93-30/ Bunker Lake Boulevard Frontage Road/Phase 2 · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · 2 AMEND ORDINANCE 8, SECTION 7.03/SPECIAL USES/IMPOUND LOTS. · · · 2 . Motion to approve amendment (fails) · · · · · · · · · · · · · 3 AMEND ORDINANCE 8 and ORDINANCE 110/THERAPEUTIC MASSAGE . · · · · 3 Motion to send to Staff to allow therapeutic massage off-site in residential area · · · · · · · · · · · · · · · · · · · 5 COMPUTER UPDATE . · · · · · · · · · · · · · · · · · · · · · · · 5 MET COUNCIL REPORT/SEPTIC INSPECTIONS Motion to approve agreement · · · · · · · · · · · · · · · · · 6 FEASIBILITY REPORT/CROOKED LAKE BOULEVARD/IP95-14 · · · · · · · · 6 Resolution R140-95 ordering feasibility · · · · · · · · · · · 7 MAYOR/COUNCIL INPUT Tour of Engineering Projects · · · · · · · · · · · · · · · · 7 Resolution of Heil Complaint · · · · · · · · · · · · · · · · 7 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 7 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 7 ,. .. -......-- -- --- (j . CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 1, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 1, 1995, 7:00 p.m. , at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. · Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson City Engineer, Scott Erickson City Finance Director, Jean McGann City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL . Add 9a, Closed Meeting with City Attorney /Weybridge 3rd Litigation. Remove Item 4, Receive Petition/Woodland Terrace Traffic Issue at the request of the petitioners. Move Item 11, Order Feasibility Report/Crooked Lake Boulevard/IP95-14 from Non-Discussion Items to Discussion Items. Mayor McKelvey asked for a motion to approve the Agenda as amended. MOTION by Jacobson, Seconded by Kunza, to so move. Motion carried unanimously. · CONSENT AGENDA Item 10 Approve "No Parking" Resolution/Bunker Lake Boulevard/Burnett Senior Classic Golf Tournament (See Resolution R133-95) Item 12 Approve Quotes/IP93-7/Fencing/City Hall Park Complex #2 (award to North Star Fence, Inc., $10,200) Item 13 Adopt Resolution/Name Change (See Resolution R134-95 to modify name of Jean D. Nichols to Jean D. McGann) Item 14 Approve Payment/IP91-22 and IP91-28/Round Lak~ Boulevard and Bunker Lake Boulevard (See Resolution R135-95 ) Item 15 Approve Change Order #4/Woodland Pond 2nd/IP94-2 (See Resolution R136-95) Item 16 Approve Change Order #2/Crown Pointe East/IP94-22 (See Resolution R137-95) Item 17 Approve Change Order #3/Section 22/IP94-18 (See Resolution R138-95) Item 18 Approve Change Order #2/IP93-30/Bunker Lake Boulevard Frontage Road/Phase 2 (See Resolution R139-95) · MOTION by Knight, Seconded by Kunza, approval of the Consent Agenda. Motion carried unanimously. (Y\~~ .:M g'JIS'{'i's" .,....-. II . Regular City Council Meeting Minutes - August 1, 1995 Page 2 APPROVAL OF MINUTES July 18, 1995, Regular Meeting: Correct as written. July 18, 1995, BRA Meeting: Correct as written. ' MOTION by Knight, Seconded by Kunza, approval as written. Motion carried unanimously. AMEND ORDINANCE 8, SECTION 7.03/SPECIAL USES/IMPOUND LOTS Mayor McKelvey noted the Planning and Zoning Commission is recommending approval of the proposed ordinance amendment to allow vehicle impound lots in an Industrial District with the granting of a Special Use Permit. Councilmember Jacobson stated it has taken the City three years . and about $40,000 to get to have the courts decide the City had the right to not allow this use. This would now allow them. With the new changes in the State law that became effective today, he felt the effect has a negative impact for the City. He has not changed his mind in the last three years and is opposed to this proposal. Also, the amendment would allow this use in the Hughes Industrial Park. It doesn't make sense to him to spend money to clean up the automobile junk yards and then turn around and allow this use. Councilmember Dehn disagreed. An impound lot and towing service is a viable business and is necessary in the City. There are a,number of accidents on Bunker Lake and Hanson Boulevards, with many cars having to be towed to another City. She believes with the appropriate regulation, it should be allowed. The number of lots could be limited. Councilmember Kunza agreed. It is needed in the City. He thought the number of cars and length of time they can stay on the lot can be regulated so it doesn't turn into another salvage yard. He felt it is needed in the City, that it is not the same as a junk yard. It doesn't necessarily have to be along Bunker Lake Boulevard. It was also mentioned that it could be inside of a building. Councilmember Knight had a problem with spending up to $12 million to ' clean up the Bunker Lake Boulevard area of auto salvage yards, then turning around and allowing this use. The visual affect of an impound lot is not much different than a junkyard. Many of the cars are damaged, some totally. In reality, another pseudo junkyard is being created. If the auto salvage yards are going to be required to operate inside of a building, he assumed the same would apply to this use. If conducted inside, it would change the whole argument. Mayor McKelvey stated one of the main arguments against the use three years ago was because of the many junk yards in the area already. With the City cleaning them up, that argument is removed. He could live with the requirement that it be conducted inside of a building as a condition in the Special Use Permit. He felt it is a necessary service in the City and is not the same as a junk yard. Bob Lund - explained the new State law allows them to get rid of abandoned cars immediately instead of holding them for a period of time. .. -~._- -- -- -- - -- 1\ Regular City Council Meeting Minutes - August 1, 1995 Page 3 . (Amend Ordinance 8, Section 7.03/Special Uses/Impound Lots, Continued) It means a car can be disposed of to a junk yard if no one claims it within 24 hours. He does not have a salvage yard and would not strip cars in his business. Mayor McKelvey noted the City can write a condition in the Special Use Permit that there would be no dismantling of cars on the property. He hears the need for this service from many residents in the City. MOTION by Dehn, Seconded by Kunza, to approve the amendment. VOTE ON MOTION: Yes-McKelvey, Dehn, Kunza; NO-Jacobson, Knight. Because an amendment to the zoning Ordinance require a 4/5 vote, the mot~on fails. AMEND ORDINANCE 8, SECTION 3.02 AND 7.03/THERAPEUTIC MASSAGE IN COMMERCIAL DISTRICTS and ORDINANCE lID/THERAPEUTIC MASSAGE Councilmember Jacobson understood the definition on Page 2 of the proposed Ordinance 110 allows off-site massage services to other businesses in the Industrial District. He was under the impression that the direction was to not allow it off site. Mr. Carlberg understood the direction was not to allow therapeutic massage either as a home occupation or on location in any residential district. The proposed . ordinance removes the use from residential districts all together, but allows a clinic in the industrial area and provides flexibility to go off-site to other businesses to perform massage therapy. He understood that is done as a service. Mayor McKelvey understood such practice is done allover the country, that is companies bringing in therapeutic massage for stress in the work place. Councilmember Jacobson noted Page 4 of the proposed ordinance requires anyone who does therapeutic massage to have a license. That does not allow those in training to practice. Mr. Carlberg explained that anyone performing therapeutic massage must be licensed. . Lori Brost, 14235 Raven - stated she must go through internships in school and also do externships before she is licensed. She does not charge for them. The ordinance refers to compensation. She continued that therapy off-site at a business consists of a client sitting on a chair, fully clothed, and massage of the head, neck, shoulders, back and arms. However, a large portion of the community is being forgotten, the disabled or elderly who cannot get to the industrial area for therapy. Massage therapy definitely benefits those, as well as those who have been in car accidents, have MS, need stress relief, etc. Then the therapist should be allowed to go to their homes to give this service. . It is a viable service and has nothing at all to do with prostitution. She doesn't have the capital to start a store front. Her dream is to have a clinic with a chiropractor, message therapy and other modalities, but that cannot be done now. Now she can offer a service out of her home or in the homes of other people. She has a lot of hours and money invested in this, and she doubted anyone who is not legitimate would go through the schooling and expense. She will be recognized by insurance companies once licensed. Some insurance companies cover massage therapy and some do not. It is a fairly new avenue of recovery. . 1\ Regular City Council Meeting Minutes - August 1, 1995 , Page 4 (Amend Ordinance 8 & Adopt Ordinance lID/Therapeutic Massage, Continued) Councilmember Knight didn't think the City should be involved in deciding what is prescribed for others. If therapy at home, or anything else, is of a prescriptive nature, he didn't have a problem with it. He does have some problems with it as a home occupation, which he felt is totally separate. Mr. Carlberg explained the ordinance as proposed does not allow off-site in the residential area. But it does allow for the . externships if neither the practitioner nor the establishment receives compensation for the service. If compensation is received, then the service must be performed by a licensed therapist. He also noted that the Planning Commission forwarded this proposal with no recommendation, as the reason for regulating the use was for the home-based situations. Councilmember Dehn agreed that the City should not get involved with the prescriptive nature of massage therapy in the residents' homes. She thought that aspect should be reconsidered. While she understood the validity of allowing massage therapy as a home occupation similar to hair dressers, she thought an office situation in a commercial area provides more professionalism to the service, which is s'imilar to chiropractors. There was some discussion on changing the ordinances to allow massage therapy at the home of residents but not allow it as a home occupation, that is on site in the therapist's home. Mr. Carlberg stated the therapist would still be allowed to maintain files and records and take phone calls from his/her home. That is considered an office, which is an allowable use in a residential area. Cara Geist. 13464 Jonquil - asked for a clarification on discussion to . allow off-site services to residents. Mr. Carlberg stated the ordinance would not regulate taking calls from the home or maintaining records there. They would not, however, be allowed to practice massage therapy at their home, only at the home or business of the client or in an office in the commercial area. Ms. Geist - is an advocate of allowing a home-based office. She disagrees with not allowing the therapist to practice in her own home, but she understands. She likened this business to those who work from their homes via computers connected to their offices in the commercial area. They should be able to take calls and maintain records at home without having a specific store front in a commercial area. Mr. Carlberg again clarified that the office portion of the business would be allowed to function in the therapist's home. Ms. Geist - stated professionalism depends on the individual's professionalism and credentials, not necessarily the way the store front works. Requiring it in the commercial area places an unnecessary burden on the service. The argument of Councilmember Dehn could then be made for day care providers, repair services, etc., that do very well as home occupations. If her place of operation is at home, she would not receive customers; so the only traffic would be her. She feels therapists can still be professional and provide the service at their home. . --. ..~~._.- -- --~ ------ ,\ . Regular City Council Meeting Minutes - August 1, 1995 Page 5 (Amend Ordinance 8 & Adopt Ordinance 110/Therapeutic Massage, Continued) After the discussion, Councilmember Jacobson stated he changed his mind in that he would allow therapists to keep their computer records at their home and allow them to provide the service at the homes of the clients, but not in the therapist's own home. He felt that. should be tried for a year or two; and if there are no problems, consideration can then be given to allowing it as a home occupation. Ms. Geist - stated the proposed ordinance is the most stringent one in the whole Twin Cities area. The training required and the cost to do so, the requirements for licenses, Special Use Permit, membership in a professional organization, liability insurance, all protect the City and the therapist. Plus continuing education units are required to maintain the license. She complemented the Planning Commission for recommending such a good ordinance. Ms. Brost - felt the addition to the ordinance before the Council to allow therapists to maintain recordkeeping at home but perform at the clients' homes is a good compromise. That way she could practice and be professional without having to spend the capital for a store front. MOTION by Jacobson, Seconded by Dehn, that we take Items 2 and 3 on tonight's Agenda and return them to Staff, not the P & Z, to rework the articles to conform to the discussion we have had tonight to allow the service to be performed in the residential area and office to be maintained in the home for recordkeeping and similar type activities but massage therapy not be performed in the applicant's home. Motion carried unanimously. · The Council adjourned at 8:04 to conduct HRA and EDA meetings; reconvened at 9:25 p.m. COMPUTER UPDATE Mark Smith of Superior Computer Systems addressed the Council with the results of his research on a new computer system for the City. He went . into detail on the software systems needed for each department and an estimated cost associated with each. The recommendation is to go with a PC/Network based system. He also had a financial package in mind, though he would continue looking at others. Councilmember Jacobson cautioned that any program be available from more than one source. Mr. Smith stated he did keep that in mind. Mr. Smith stated the original estimate for software, hardware, training and installation was $246,500 for a 25-user system. He has since dropped that to a 16-user system, which adjusts the cost to between $185,000 and $190,000. He is looking at a system to allow communications with the residents, but the technology for that is still evolving. Mr. FUrsman stated they are also looking at Council applications that would allow the Council to use the same applications Staff has. If the Council has a system with a modem, information such - - ~.- - .. -~._-~ -- - --- -- , I Regular City Council Meeting Minutes - August 1, 1995 Page 6 (Computer Update, Continued) as agenda packets can be sent directly rather than on paper. Mr. Smith estimated the life of a computer system is five to ten years, but with . the PC/Network based system, it can evolve over time as new technology becomes available and/or user needs change. Mr. Fursman explained the specifications will be refined even more and bid specs prepared. Once the costs of a system are known, fund sources from the 1995 and 1996 budgets must be determined. No Council action on the item was required. The Council recessed to hold an Executive Session with the City Attorney regarding the Weybridge 3rd Addition litigation, 9:58; reconvened at 10:45 p.m. ~ MET COUNCIL REPORT/SEPTIC INSPECTIONS Mr. Fursman explained he, along with the Mayor and Dave Carlberg, met with the Staff of the Metropolitan Council and the Environmental Sub- Committee of the Metropolitan Council to discuss the City's position on compliance with the biennial septic system inspections. A compromise was worked out in which the Metropolitan Council staff will take the necessary steps to approve the amended Comprehensive Plan submitted by . Andover, which will give the City several years of MUSA expansion. In exchange, Andover will work with the Metropolitan Council staff to study septic systems in the City to see if an environmental and health threat exists which could be corrected, in part, through biennial inspections. At this time, the City will not have to conduct biennial inspections. The City will report in one to one and a half years on the results and deal with the problem if one exists. The City would do inspections if the data shows a health threat exists from leaking septic systems. He will be meeting with the Metropolitan Council Staff next week to work out the details to receive Comprehensive Plan approval. MOTION by Jacobson, Seconded by Dehn, the Council approves the. agreement with the Metropolitan Council and instructs Staff and the Mayor to work with the Metropolitan Council Staff and the Metropolitan Council. Motion carried unanimously. ORDER FEASIBILITY REPORT/CROOKED LAKE BOULEVARD/IP95-14 Councilmember Jacobson noted the Resolution calls for the installation of watermain. Since that is not covered by State Aid, would it be assessed against the property owners? Mr. Erickson explained the report would examine the feasibility of installing watermain down Crooked Lake . Boulevard with a service stub to adjacent properties. In the past, the Council did not assess the property owners at the time of the project. They were assessed when they hooked up to the service. That same approach would be used on this project, and the City would carry the cost until the connections are made. The proposal is to reduce the width of the street and add walking and bike trails. .. -~._.- - ~.- - - - -- 11 Regular City Council Meeting Minutes - August 1, 1995 Page 7 . (Order Feasibility Report/Crooked Lake Boulevard/IP95-14, Continued) Councilmember Kunza stated in talking with the residents in the area, they would prefer the street width remain the same. Many people just want to know the cost Mr. Erickson stated that is an option, but the benefits to reduce the size would help control the traffic speed, less maintenance for snow plowing, possibly some property would be turned back to the residents, and there could be walking and biking trails. The cost should be minimal because all the easement is in place and the storm water can be limited. Councilmember Kunza stated he will talk with the residents about walking and biking paths. ' MOTION by Jacobson, Seconded by Dehn, Item No. 11 in the affirmative. (See Resolution R140-95 ordering feasibility report for watermain, storm sewer and streets/Crooked Lake Boulevard/IP95-14) Motion carried unanimously. MAYOR/COUNCIL INPUT Tour of Engineering Projects - Mr. Fursman suggested before the August 15 meeting, the Staff take the Councilmembers on a tour of tne City to view the various engineering projects. The Council agreed. Resolution of Heil Complaint - Mr. Erickson reported Clay Heil has agreed to one of the options on his driveway. The Bluebird Street project should be able to be completed now. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Kunza, approval of Claims in the amount of $48,962.71 for disbursement edit list #1, and $664,967.79 for . disbursement edit list #2. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 11:05 p.m. Respectfully ~bmitted~1 ~~ ,. Mar lla A. Peach Recording Secretary , ----- - -- .. ~~._.- ----- . ---