HomeMy WebLinkAboutCC June 6, 1995
ILl
CITY of ANDOVER
Regular City Council Meeting - June 6, 1995
Call to order - 7:00 pm
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Public Hearing/Vacation of Easement/14688 Jay Street
2. Public Hearing/Oak Hollow/Street Improvement/95-7
3. Computer presentation/Superior Computers
4 . Rescind Ordinance 87/Snowmobiles
5. Adopt Snowmobile & ATV Ordinance
6 . Award Bids/93-7/City Hall Park Complex 112 Irrigation
7. Sharon's 2nd Addition/Authorize Response to Heil Letter
8. Approve Final Plat/Eldorado Estates
9. Purchase Easements/Drake Street/94-6
10. Accept Petition/Order Feasibility/95-9/Forest Meadows
11. Accept Feasibility Report/Order Hearing/95-9/Forest Meadows
12. Request Extension of Special Use permit/Riverdale Church
13. Rademacher Companies/Request for Confirmation Letter
14. Classify "Biting Dog"
15. Special Use Permit/Commercial Greenhouse/16473 Valley Drive
16. Amend Ordinance 8, Therapeutic Massage/Cabinet Making
17. Ordinance 109/Therapeutic Massage Ordinance
18. Approve Amendment to Ordinance 53/Dog Enclosures
Staff, Committees Commissions
19. TIF Bond Information/Discussion
20. Approve Purchase of Utilities SCADA System
21. Reschedule July 4th Meeting
22. Authorize Purchase of Mower for Parks Department
23. Authorize Purchase of Utility Box for Sign Truck
EDA Meeting
24. Approve Concrete Curbing & Parking Lot Paving/94-18
25. Authoriz~ Purchase of Tax Forfeit Property
26. Right of Entry/Tire Site
HRA Meeting
27. 1996-1998 CDBG Program
Non-Discussion/Consent Items
28. Award Bids/Crack Seal/95-3
29. Approve Change Order II/Crown pointe East/94-22
30. Approve Change Order 1I3/Woodland Pond 2nd/94-2
31. Approve Change Order II/Bunker Lake Blvd. Frontage Rd/93-30
32. Approve Change Order IS/Hills of Bunker 5th/93-12
33. Legislative Update
34. Hidden Creek East 5th/Release Line of Credit
35. Approve Summary/Ordinance 10X
36. Temporary Reclassification
37. End of Probationary Period
Mayor-Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 6, 1995
TABLE OF CONTENTS
RESIDENT FORUM · · · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 2
CONSENT AGENDA
Resolution R086-95 accepting petition, ordering feasibility/
IP95-9/Forest Meadows · · · · · · · · · · · · · · · · · · 2
Resolution R087-95 accepting feasibility/ordering hearing/
IP95-9/Forest Meadows · · · · · · · · · · · · · · · · · · 2
Request extension of Special Use Permit/Riverdale Church · · 2
Resolution R088-95 award bids/crack seal/IP95-3 · · · · · · · 2
Resolution R089-95 approving change order #l/Crown pointe East 2
Resolution R090-95 approving change order #3/Woodland Pond 2nd 2
Resolution R091-95 approving change order #1/Bunker Lake
Frontage Road/IP93-30 · · · · · · · · · · · · · · · · · · 2
Resolution R092-95 approving change order #5/Hills of Bunker 5 2
Legislative update · · · · · · · · · · · · · · · · · · · · · 2
Hidden Creek East 5th/Release line of credit · · · · · · · · 2
Approve summary/Ordinance lOX · · · · · · · · · · · · · · · · 2
Temporary reclassification (Pat Gorshe) · · · · · · · · · · · 2
End of probationary period (Scott Erickson) · · · · · · · · · 2
PUBLIC HEARING: VACATION OF EASEMENT/14688 JAY STREET . · · · · · 2
Resolution R093-95 vacating drainage and utility easement · · 3
PUBLIC HEARING: OAK HOLLOW STREET IMPROVEMENT/IP95-7
Resolution R094-95 ordering improvement · · · · · · · · · · · 3
RESCIND ORDINANCE 87/SNOWMOBILES and ADOPT SNOWMOBILE & ATV
ORDINANCE . · · · · · · · · · · · · · · · · · · · · · · · · · 3
Motion to adopt ordinance with changes · · · · · · · · · · · 5
Motion to rescind Ordinance 87 · · · · · · · · · · · · · · · 5
AWARD BIDS/IP93-7/CITY HALL PARK COMPLEX #2 IRRIGATION
Resolution R095-95 accepting bids and awarding contract · · · 5
FINAL PLAT/ELDORADO ESTATES
Resolution R096-95 approving final plat · · · · · · · · · · · 5
RADEMACHER COMPANIES/REQUEST FOR CONFIRMATION LETTER
Motion confirming validity of Resolutions R202-88 and 203-88 5
CLASSIFY "BITING DOG" · · · · · · · · · · · · · · · · · · · · · · 6
Resolution R097-95 classifying Noll dog as "Biting Dog" · · · 7
Motion to not declare Morgan dog as biting dog · · · · · · · 7
SPECIAL USE PERMIT/COMMERCIAL GREENHOUSE/16473 VALLEY DRIVE . · · 7
Resolution R098-95 granting the permit · · · · · · · · · · · 8
APPROVE AMENDMENT TO ORDINANCE 53/DOG ENCLOSURES
Motion to return to Planning Commission · · · · · · · · · 8
COMPUTER PRESENTATION/SUPERIOR COMPUTERS , 9
· · · · · · · · · · · ·
PURCHASE OF UTILITIES SCADA SYSTEM
Motion to approve purchase of SCADA system and award bid to
Automatic Systems Company for $22,698.53 · · · · · · · · 9
RESCHEDULE JULY 4TH MEETING (to July 5, 1995) · · · · · · · · · · 9
AUTHORIZE PURCHASE OF MOWER FOR PARKS DEPARTMENT
Motion to approve bid/Midwest Specialty Sales for $26,167.05 10
AUTHORIZE PURCHASE OF UTILITY BOX FOR SIGN TRUCK
Motion to approve bid/ABM Equipment & Supply for $18,158.25 · 10
APPOINT DIRECTORS FOR ANOKA COUNTY COMMUNITY CONSORTIUM
Motion to appoint TJ Anderson and Julie Johnson · · · · · 10
MAYOR/COUNCIL INPUT . · · · · · · · · · · · · · · · · · · · · · 10
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 10
ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 10
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CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - JUNE 6, 1995
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Acting Mayor Don Jacobson on June 6, 1995, 7:04 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Knight, Kunza
Councilmembers absent: Dehn, Mayor McKelvey
Also present: City Attorney, William G. Hawkins
Assistant City Engineer, Todd Haas
City Finance Director, Jean Nichols
City Engineer,Scott Erickson
City Planning Director, Dave Carlberg
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Mark Daaan, President of Andover Athletic Association - stated the
Association has been threatened to have their field removed at Crooked
Lake Elementary School by people living in that area for parking
problems. They have tried to deal with the situation, but the people in
the neighborhood have been violent to some coaches and parents. He
stated it is a parking problem. All City streets are public property,
and as a taxpayer he will park any place he wants to.
Heidi Wolf, 2555 135th Lane - explained she received a no parking ticket
for parking on the street behind the ball field at Crooked Lake School.
It was the first time she had parked there, and she was there for ten
minutes when the officer came. She offered to move the car but was told
that is not an option. She received a ticket to make an example out of
her. She asked how the "No Parking" signs got put there and what does
it take to get them removed. Acting Mayor Jacobson explained about a
year ago some individuals petitioned to have it done. Action of the
City Council is required to remove them.
Ms. Wolf - thought then everyone should be ticketed. She asked whether
the issue is really parking or is it rude people. The City cannot
control the behavior of people once they park their cars. If it is an
issue of parking, then she also wants "No Parking" signs in her cul-de-
sac. The residents at the meeting held with Staff earlier in the evening
talked about the behavior of people, which cannot be controlled. Acting
Mayor Jacobson stated at this point the situation is being handled by
the Staff. It will be placed on the next agenda for Council action.
Paul Sodstrom, 856 140th Lane NW - had parked in the area legally and
got grief from one of the individuals who lives in the neighborhood. He
was told he shouldn't park there. He cautioned the Council to
investigate the issue very carefully to determine what the real issue is
and to make a decision based on the truth, not on hysterics. He
believed one side has exaggerated the issue.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 2
AGENDA APPROVAL ,
Add Items 23a, Executive Session with City Attorney; 23b, Appoint
Director for Anoka County Community Consortium; 26a, John Sandeen
Property Testing. Move Item 19, TIF Bond Information/Discussion to the
EDA Meeting. Move Items 10, 11 and 12 to the Consent Ag€nda. Delete
Item 7, Sharon's 2nd Addition/Authorize Response to Heil Letter, and
Item 9, Purchase Easements/Drake Street/IP94-6. Table Items 16 and 17,
Amend Ordinance 8, Therapeutic Massage/Cabinet Making and Ordinance
109/Therapeutic Massage Ordinance to the next meeting when there will be
a full Council to act on them. Acting Mayor Jacobson asked for a
motion to approve the Agenda as amended.
MOTION by Kunza, Seconded by Knight, to so move. Motion carried on a 3-
Yes, 2-Absent (Dehn, McKelvey) vote.
CONSENT AGENDA
Item 10 Accept Petition/Order Feasibility/IP95-9/Forest Meadows
(See Resolution R086-95)
Item 11 Accept Feasibility Report/Order Hearing/IP95-9/Forest
Meadows (See Resolution R087-95) ,
Item 12 Request Extension of Special Use Permit/Riverdale
Church
Item 28 Award Bids/Crack Seal/IP95-3 (See Resolution R088-95
awarding bid to Bergman Companies, Inc., for $35,730)
Item 29 Approve Change Order #l/Crown Pointe East/IP94-22 (See
Resolution R089-95)
Item 30 Approve Change Order #3/woodland Pond 2nd/IP94-2 (See
Resolution R090-95)
Item 31 Approve Change Order #l/Bunker Lake Boulevard Frontage
Road/IP93-30 (See Resolution R091-95)
Item 32 Approve Change Order #5/Hills of Bunker 5th/IP93-12
(See Resolution R092-95)
Item 33 Legislative Update
Item 34 Hidden Creek East 5th/Release Line of Credit
Item 35 Approve Summary/Ordinance lOX
Item 36 Temporary Reclassification (pat Gorshe)
Item 37 End of Probationary Period (Scott Erickson)
Acting Mayor Jacobson asked for a motion to approve the Consent Agenda.
MOTION by Knight, Seconded by Kunza, to so move. Motion carried on a 3-
Yes, 2-Absent (Dehn, McKelvey) vote.
,
PUBLIC HEARING/VACATION OF EASEMENT/14688 JAY STREET
7:13 p.m. Acting Mayor Jacobson opened the hearing for public testimony.
There was none. He then asked for a motion to close the hearing.
MOTION by Knight, Seconded by Kunza, to so move. Motion carried on a 3-
Yes, 2-Absent (Dehn, McKelvey) vote. 7:13 p.m.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 3
,
(Public Hearing: Vacation of Easement/14688 Jay Street, Continued)
MOTION by Knight, Seconded by Kunza, the Resolution vacating a drainage
and utility easement to allow for the construction of a pool on Lot 10,
Block 4, Pinewood Estates 2nd Addition. (See Resolution R093-95)
Motion carried on a 3-Yes, 2-Absent (Dehn, McKelvey) vote.
PUBLIC HEARING/OAK HOLLOW/STREET IMPROVEMENT/IP95-7
7:14p.m. Mr. Erickson reviewed the proposed street improvement project
in Oak Hollow Estates. Of the 17 lots involved, the original petition
had 9 lots in favor, 0 against and 8 unavailable. The City is
responsible for a unit for the park. The estimated cost per lot is
$4,792. If ordered, the project is scheduled for completion by
September 15, 1995. He pointed out there is a possibility this project
can be bid with the street improvement project in Forest Meadows, which
may result in additional cost savings.
In reviewing the petition, Councilmember Knight noted two residents have
double lots, which means there are 11 in favor of the project. Acting
Mayor Jacobson explained the policy of inviting the resiaents for
another vote if the actual bids come in for more than 5 percent over the
estimated cost. He then asked if anyone had changed their vote on the
petition.
Steve Schlueter, 15783 Ilex - stated he is opposed until there is a
more firm price on the project. He felt the cost is very high. After
discussion, it was determined that Mr. Schlueter had not signed the
petition before the Council. No other residents testified, leaving the
petition as 11 in favor, 1 against and 5 unavailable.
MOTION by Knight, Seconded by Kunza, to close the public hearing.
Motion carried on a 3-Yes, 2-Absent (Dehn, McKelvey) vote. 7:25 p.m.
MOTION by Knight, Seconded by Kunza, the Resolution ordering the
improvement of streets, Project 95-7, in the Oak Hollow area and
directing preparation of final plans and specifications, as presented.
(See Resolution R094-95) Motion carried on a 3-Yes, 2-Absent (Dehn,
McKelvey) vote.
RESCIND ORDINANCE 87/SNOWMOBILES and ADOPT SNOWMOBILE & ATV ORDINANCE
,
Councilmember Kunza was concerned with how the speed limits set in the
ordinance will be enforced. Mr. Haas explained Kevin Doucette,
President of the Andover Snow Barons Snowmobile Club, is trying to
organize a program with the Anoka County Sheriff's Department which will
allow the snowmobile club members to issue warning citations. It is a
program that has been used successfully in the City of Champlin. The
warning citation is for a violation of the ordinance and requires the
recipient to attend a seminar on snowmobile safety. If the recipient
does not attend the seminar, the police will issue a citation.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 4
(Rescind Ordinance 87 and Adopt Snowmobile and ATV Ordinance, Continued)
Carolyn Fisher, Snowmobile Task Force Member - also reviewed the
Champlin program which has reduced the number of problems every year in
that city. The Andover Snowmobile Club is working to establish a
similar program for Andover. The proposed ordinance is almost verbatim
from the Champlin ordinance. Councilmember Knight was concerned with
the young age at which the youth are allowed to drive snowmobiles.
Ms. Fisher - explained the ordinance allows children 14 to 18 to drive
a snowmobile once they have received a valid safety certificate from the
DNR. The age range is taken directly from State Statute. Mr. Haas
explained under age 14 can be behind the wheel, but there must be an
adult on the snowmobile as well.
.
Ms. Fisher - stated that wherever the City was allowed to override State
Statue to make it more restrictive, the Task Force did so. Mr. Haas
then highlighted the changes being proposed to the existing ordinance.
Acting Mayor Jacobson had the following comments and recommended
corrections:
Page 2, Section 2, Third line, correct "operator of a snowmobile..."
Sixth line, change gender to "his/her" in both places. Also, as he reads
it, nobody can ride a snowmobile in the City. Attorney Hawkins agreed it
should be reworded allowing exceptions under the noted circumstances.
Page 2, Section 4, Item 1: Acting Mayor Jacobson noted there are no
designated snowmobile trails in the City at this time.
Page 2, Section 4, Item 2, last line, change "lands" to "lanes".
Page 3, Item 12, is very confusing language which does not address
riding on Fridays. Mr. Haas stated that wording can be clarified.
Page 4, Section 5, Item f is very confusing. Mr. Haas stated that is
verbatim from the State Statute, but he can discuss it with Attorney
Hawkins and clarify the language. ,
Page 4, Section 8, is repetitive. It should be reworded for conciseness.
Page 5, Section 9, Item 3, correct: "A safety or so-called "deadman II
throttle is in operating condition." \
Page 5, Section 12: questioned the reason for 80 percent majority to
petition for the designation of a no snowmobile area. Also, what is
"just cause" . Ms. Fisher explained the Task Force agreed there are
certain people in a subdivision who don't want any snowmobiling or any
noise. This was an attempt to make sure it was more than a majority of
people wanting that designation. "Just cause II is to be used as a last
resort after all attempts to enforce the ordinance have failed. Also,
the snowmobile club is working with landowners to get some trails
established in Andover. Attorney Hawkins stated he will make sure those
changes and corrections in language are done.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 5
(Rescind Ordinance 87 and Adopt Snowmobile & ATV Ordinance, Continued)
MOTION by Knight, Seconded by Kunza, to adopt the Snowmobile & ATV
Ordinance with the suggested changes. Motion carried on a 3-Yes, 2-
Absent (Dehn, McKelvey) vote.
Acting Mayor Jacobson then asked for a motion to rescind Ordinance 87 on
snowmobiles.
MOTION by Knight, Seconded by Kunza, to so move. Motion carried on a 3-
Yes, 2-Absent (Dehn, MCKelvey) vote.
AWARD BIDSIIP93-7ICITY HALL PARK COMPLEX 12 IRRIGATION
MOTION by Knight, Seconded by Kunza, the Resolution accepting bids and
awarding contract for the improvement of Project 93-7 for irrigation at
city Hall Park Complex #2 as presented awarding bid to Mickman Brothers
Nurseries. (See Resolution R095-95 for $126,631) Motion carried on a
3-Yes, 2-Absent (Dehn, McKelvey) vote.
APPROVE FINAL PLAT/ELDORADO ESTATES ,
Attorney Hawkins advised the plat be approved contingent upon receipt of
the title insurance and the signing of the development contract.
MOTION by Knight, Seconded by Kunza, the Resolution with those two added
provisions. (See Resolution R096-95 approving the final plat of
Eldorado Estates) Motion carried on a 3-Yes, 2-Absent (Dehn, McKelvey)
vote.
RADEMACHER COMPANIES/REQUEST FOR CONFIRMATION LETTER
Mr. Carlberg explained Rademacher Companies, Inc., is looking for a
motion from the Council indicating that the Special Use Permit granted
in 1988 for the installation of gas tanks, motor fuel and propane tanks
on Lot 6, Block 6, Hills of Bunker Lake 3rd is still valid today.
Attorney Hawkins advised there is nothing in the ordinance that would
rescind it. He advised the Council can pass a motion confirming the
validity of both Resolutions 202-88 and 203-88.
MOTION by Kunza, Seconded by Knight, to so move. DISCUSSION: Acting
Mayor Jacobson thought the City is bound by what was done, bµt he does
have a concern that there is already two gas stations in the vicinity
and this allows a third one very close to the others. He did not think
that is very good planning, that the City needs a mix of uses. Motion
carried on a 3-Yes, 2-Absent (Dehn, McKelvey) vote.
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Regular Andover city Council Meeting
Minutes - June 6, 1995
Page 6
CLASSIFY "BITING DOG"
Mrs. Thomas Morqan, 4076 l46th Avenue NW - stated their dog has been
raised around a lot of children, and there has never been a problem with
her being aggressive. The child that was bitten was told on numerous
occasions to quit bothering the dog. Ms. Morgan considered it normal
five-year-old behavior to be provoking the dog. She quest,ioned the
"unprovoked" portion of the police report as well as the portion of the
law that the person was lawfully on the premises. This dog bite took
place after the children from the neighborhood came onto their property
and let the dog out of the fenced yard. The bite took place on their
property. The police report also mentions another bite previously
involving her son, but that never happened. The other one involves the
same family with a younger child. Ms. Morgan stated their dog, which is
3/4 German Shepherd and 1/4 Husky, is a licker and often does so with no
intention of biting.
Marv Ouirrinq - parent of the child that was bitten. In this case her
son and a neighborhood child were looking for a baseball mit. The
neighbor's child saw the mit at the gate. They opened the gate, and her
son went to the dog, reached to her to put her back in. That is when the
dog bit him in the arm pit. There was another incident that she did not
report of her younger son being bitten. They spoke to the Morgans at
that time. She day cares the Morgan children, and they use the yard.
Her son went through the gate, which was open. The dog was laying in the
yard; and as her son walked to her, she was startled, jumped up and bit
him in the face. The dog has been known to charge people with dogs on
leashes. She also feels the Morgans are trying hard by improving the
lock on the gates, and she appreciates the effort. But she does feel the
dog is unpredictable and is concerned that another incident èan occur.
Ms. Morqan - stated they were not aware that was considered a bite. At
the time of the bite the dog was not licensed or vaccinated. It is now.
Councilmembers Knight and Kunza had mixed feels about declaring this dog
a "biting dog", as it is not a clear-cut situation since the dog was
fenced and the children where on the owner's property at the time of the
bite. They agreed to hear the other case before acting on this one.
Patricia Noll, 17506 Verdin Street NW - explained she just received this
notice at 4:30 this afternoon and was not aware of what a biting dog is.
Attorney Hawkins explained once a dog is declared a "biting dog", should
it bite again, it will have to be removed from the City.
Ms. Noll - was not aware of three of the other six instances of dog
bites. There may be some confusion over which dog they were talking
about because they have two dogs. The one in this instance is Mary Lou,
a Boxer Shepherd mix. She was confined to bed at the time, and the two
dogs got loose. She was not able to restrain them by herself and was not
aware of the incident until the officer came to the house. For whatever
reason, the dogs hate people riding by on bicycles. They get angry when
friends come on bikes. As soon as they get off them, the dogs are fine.
Most of the time the dogs are on chains. The previous incidents were
when she was unable to control them by herself for health reasons.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 7
(Classify "Biting Dog", Continued)
Councilmember Knight felt this incident was unprovoked. There is a
concern any time a dog comes out of the yard to attack someone on the
street.
MOTION by Knight, Seconded by Kunza, the Resolution on the Noll dog, to
declare the dog known as "Mary Lou" as a "biting dog". (See Resolution
R097-95) DISCUSSION: Ms. Noll's daughter stated the dogs are very gentle
with them. They do not attack nor bark unless provoked. Mary Lou is
only three years old, and this is the first time she has bitten someone.
She is very playful, but never bites. She didn't know what happened
this time. Motion carried on a 3-Yes, 2-Absent (Dehn, McKelvey) vote.
In the case of the Morgan's dog, the Council felt the Morgans are making
an honest attempt to keep the dog confined. Councilmember Kunza asked
if the dog is going to be permanently locked up in the fenced area.
Mrs. Morgan stated yes. Councilmember Knight advised that the Morgans
make sure the shots for the dogs are always kept up to date.
MOTION by Kunza, Seconded by Knight, not to declare the Morgan's dog as
a biting dog. Motion carried on a 2-Yes, I-No (Jacobson) , 2-Absent
(Dehn, McKelvey) vote. Acting Mayor Jacobson felt if the dog bites
once, one must be careful; but he felt there were incidents before this
that should have had a bearing on this action.
SPECIAL USE PERMIT/COMMERCIAL GREENHOUSE/16473 VALLEY DRIVE
Mr. Carlberg reviewed the Special Use Permit request of Michael and Sue
Bleeker to operate a commercial greenhouse at 16473 Valley Drive. The
Planning and Zoning Commission recommended approval with conditions.
Staff is suggesting two other conditions as well: Item 7, The applicant
must secure a building permit on the greenhouse itself. Item 8, There
be some delineation of the wetlands on the site. He also noted that any
changes in the operation, even the hours of operation, will require an
amended Special Use Permit.
,
Sabreth Burns - lives near Valley Drive. It is a very high-traffic road
and isn't well maintained. But this is a part-time thing and won't make
that much difference.
The Council noted the P & Z discussion on the traffic concerns and the
parking lot. Mr. Carlberg stated Councilmember Dehn is concerned with
the size of the parking lot in that there would not be enough room for
a vehicle with a trailer to pull in and get back out. She felt a larger
parking lot would be necessary to facilitate the traffic. It was
indicated at the public hearing that the lot holds 8 to 10 cars.
Sue Bleeker - stated there has never been a problem with parking. It is
a square parking lot. Acting Mayor Jacobson noted 80 percent of what is
being done on the site can be done without this Permit. The only
difference is that small portion of business which brings in items from
outside the property for resale.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 8
(Special Use Permit/Commercial Greenhouse/16473 Valley Drive, Continued)
MOTION by Kunza, Seconded by Knight, to accept the Resolution as stated
with the two additional conditions. (See Resolution R098-95 granting
the Special Use Permit) Motion carried on a 3-Yes, 2-Absent (Dehn,
McKelvey) vote.
APPROVE AMENDMENT TO ORDINANCE 53/DOG ENCLOSURES
Maraaret DuPont, 3463 133rd Lane - explained she originally presented a
petition with over 100 signatures who do not want dog enclosures placed
between their homes. The Planning Commission has stated the intent of
the ordinance amendment is to keep dog enclosures out of the side yards
and to get them in the back yards. The proposed 40 feet from an adjacent
residential dwelling does not keep it out of her side yard. In her June
3, 1995, letter to the Mayor she is proposing 50 feet, which she
believes would follow through with that intent and would satisfy at
least 100 petitioners. Mr. Carlberg explained everyone was in agreement
at the Planning Commission that 40 feet as proposed would meet that
intent. The 50-foot proposal was not mentioned at the Planning
Commission meeting. There is not 40 feet between most houses in the
urban area, and he didn't understand why the proposal would.not work.
The petition with Ms. DuPont's June 3 letter seems to be the same one
presented at the beginning of the process.
Ms. DuPont - stated her proposal would satisfy the petitioners. They
feel they have already compromised enough by letting the dog enclosures
be 10 feet from the back lot line. The proposed 40 feet from the
adjacent residential dwelling does not keep them out of the side yards,
which is the intent. She also felt she was treated rudely and cut off
at the last Planning Commission meeting. This has been debated for four
months, and the residents have compromised over and over. Mr. Carlberg
explained this amendment will not cover existing kennels unless they
become a nuisance. This is for the placement of new kennels. It was
felt the 40 feet would accomplish the intent, and Ms. DuPont agreed at
the May 23 Planning Commission Meeting. Now she is saying it must be 50
feet.
Ms. DuPont - had agreed with the 40 feet at the meeting; but then she
measured her yard and found that it was 52 feet between her house and
the neighbor's. That would allow a kennel in the side yard, which is
what she is trying to avoid. She is asking for a change. After some
discussion on what had taken place, the Council suggested the Planning
Commission once again look at the item and consider th.e 50-foot
requirement.
MOTION by Knight, Seconded by Kunza, to let the Planning and Zoning
Commission look at 50 feet. Motion carried on a 2-Yes, I-No (Jacobson),
2-Absent (Dehn, McKelvey) vote.
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Regular Andover City Council Meeting
Minutes - June 6, 1995
Page 9
COMPUTER PRESENTATION/SUPERIOR COMPUTERS
Mark Smith, Superior Computers, addressed the Council on the reasons for
addressing a new computer system -- listing of Staff goals, how a
computer system can help attain those goals, the concerns with the
existing systems, why it can be beneficial to change now, and a proposed
action plan. It is felt a phased-in approach would be better than a
totally new system if or when moving into a new City Hall. The existing
system has many concerns, including a considerable number of failures
per day. If retained, he would look at what the dollars would be for a
new system and look at the software needed. The goal would be to keep
the cost as low as possible.
Mr. Fursman stated Staff does not have the time nor the expertise to do
this on their own and make a recommendation on what is needed. That
needs to be done by a consultant. Mr. Smith has worked for about three
months at no cost. He is asking for approval to negotiate a contractual
arrangement with Mr. Smith. Acting Mayor Jacobson also wanted to know
the hourly rate for the contract, the qualifications of the firm, and
why is the existing system fails so much.
Mr. Smith explained the existing system is no longer manufactured and
the software no longer has support. Because of that, the City has the
ability to start at ground zero and look at what is best for the City in
the long run. There are different ways to approach the contract, either
hourly or per job. He has not had any conversations about that. Mr.
Fursman stated he would bring a contractual proposal back to the Council
for their action. At this point he did not know where the money would
come from. The Council gave verbal consent for Mr. Fursman to negotiate
a contract with Mr. Smith for consulting services,Th"Jlb,:"",~rb«.c1<-TcM1h"(),l'./ ¡.
C""-N:.il f.. a.dl....... ~~/')<>'i5
Winslow Holasek - asked if all records would be placed oh the new
computer system, including construction plans. Mr. Fursman stated
everything would eventually be put in the computer. Just how far back
in the archives one will go has not yet been discussed.
Mr. Holasek - was not qualified to determine the need for a new computer
system. But he didn't want to see a lot of taxpayer money spent to
record things that go back many years if they are rarely accessed. The
things he has requested of the City have not been on computer.
APPROVE PURCHASE OF UTILITIES SCADA SYSTEM
MOTION by Knight, Seconded by Kunza, that we approve the purchase
request of Frank Stone for the SCADA system with the bid awarded to
Automatic Systems Company for $22,698.53 Motion carried on a 3-Yes, 2-
Absent (Dehn, McKelvey) vote.
RESCHEDULE JULY 4TH MEETING
The Council agreed to reschedule the meeting of July 4, 1995, to
Wednesday, July 5, 1995. .
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Regular Andover City Council Meeting ,
Minutes - June 6, 1995
Page 10
AUTHORIZE PURCHASE OF MOWER FOR PARKS DEPARTMENT
MOTION by Kunza, Seconded by Knight, to approve the bid for the mower
from Midwest Specialty Sales for $26,167.05. Motion carried on a 3-Yes,
2-Absent (Dehn, McKelvey) vote.
AUTHORIZE PURCHASE OF UTILITY BOX FOR SIGN TRUCK
MOTION by Kunza, Seconded by Knight, to approve the bid from ABM
Equipment & Supply, Inc. , for a total of $18,158.25. Motion carried on
a 3-Yes, 2-Absent (Dehn, McKelvey) vote.
APPOINT DIRECTOR FOR ANOKA COUNTY COMMUNITY CONSORTIUM
MOTION by Knight, Seconded by Kunza, to appoint TJ Anderson and Julie
Johnson to the Anoka County Community Consortium to serve at the
pleasure of the Council. Motion carried on a 3-Yes, 2-Absent (Dehn,
McKelvey) vote.
The Council recessed at this time to hold an EDA Meeting, then an HRA
meeting and an Executive Session with the Attorney, 9:00; reconvened at
10:00 p.m.
MAYOR/COUNCIL INPUT
Councilmember Knight was concerned with what happened at the residents'
meeting regarding the no parking and the fact that the Council did not
know what was taking place until coming to this meeting. Acting Mayor
Jacobson suggested that in the future the Council be made aware of the
issue prior to the meeting with the residents.
APPROVAL OF CLAIMS
MOTION by Knight, Seconded by Kunza, the payment of claims for a total
of $623,040.75. Motion carried on a 3-Yes, 2-Absent (Dehn, McKelvey)
vote. ,
MOTION by Knight, Seconded by Kunza, to adjourn. Motion carried on a 3-
Yes, 2-Absent (Dehn, McKelvey) vote.
The meeting was adjourned at 10:03 p.m.
Respectfully sub ,
~ ~rdi,~~tary
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