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Home My WebLink AboutCC October 1, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304· (612) 755-5100 Regular City Council Meeting - October 1, 1996 agenda Bookmark Ground Breaking Ceremony - 6:30 PM ~ Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Item 1. Amend Ordinance 8, Section 4.30/Home Occupations ord8 2. November 5th Council Meeting nov5cc 3. Schedule Special Meeting/Canvas Election Results specialmtg 4. No Parking Ordinance Change noparking 5. School Zone Markings school EDA Meeting 6. Commercial Auto Parts commercial Non-Discussion/Consent Items 7. Schedule HearinglDelinquent Utility Service Charge utility 8. Declare Costs & Order Assessment RolVI996 Delinquent Utility Service Charge delinquent 9. Appoint Audit Firm audit 10. Release EscrowPheasant Meadows/n-I 0 escrow II. Variance/15628 Potawatomi St. NW/Mike Foth vaiance 12. Approve Change Order #IICommercial Blvd. Extension/94-33 co9433 13. Order Plans & Specs/Contaminated Soil & Debris Removal (Part 2)/94-33C ord9433c 14. Approve Final Payment/96-13/Misc. Storm Sewer Maintenance fpay9613 15. Approve Ordinance Amendment/Street Name Change/ strname Lund's Evergreen Estates 2nd Additon/164th Lane NW to 164th Avenue NW 16. Approve Revised Preliminary Plat/Hunter's Hollow revpphh 17. Accept Easements/Hunter's Hollow easemhh 18. Approve Revised Final Plat/Hunter's Hollow revfphh 19. Approve ResolutionRevised Grading Inspection Fees gradefee 20. Purchase Request/Fire Department Vehicle vehicle 21. Award Bid/94-30/Structural Steel- Labor bidsteel 22. Award Bid/94-30/Miscellaneous Construction bidmisc 23. Award Bid/94-30/Roofing bid roof 24. Award Bid/94-30/Aluminum Windows & Entrances bidalum 25. Award Bid/94-30/Skylights bid sky 26. Award Bid/94-30/Drywall Systems biddry 27. Award Bid/94-30/Flooring bidßoor 28. Award Bid/94-30/Ceiling Tile Systems bid tile 29.Award Bid/94-30/Painting bid paint 30. Award Bid/94-30/Mechanical bidmecha 31. Award Bid/94-30IElectrical bidelec M:\yor-Council Input P:\yment of CI:\ims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 1, 1996 TABLE OF CONTENTS RESIDENT FORUM · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Resolution R207-96 scheduling hearing/delinquent utility service charges (November 5, 1996) · · · · · · · · · · · · · 2 Resolution R208-96 declaring costs and ordering assessment roll/ 1996 delinquent utility service charge · · · · · 2 Appoint audit firm (Kern, DeWenter, Viere, Ltd) · · · 2 Release escrow/Pheasant Meadows/IP92-10 · · · · · · · · 2 Resolution R209-96 approving variance/15628 potawatomi Street 2 Resolution R210-96 approving change order #1/Commercial Blvd 2 Resolution R211-96 ordering plans and specs/contaminated soil and debris removal (Part 2)/IP94-33C · · · · · · · · · 2 Resolution R212-96 approving final payment/IP96-13/miscellaneous storm sewer maintenance · · · · · · · · · · · · · 2 Approve ordinance amendment/street name change/Lund's Evergreen Estates 2nd Addition/164th Lane to 164th Avenue NW ... 2 Resolution R213-96 approving revised preliminary plat/Hunter's Hollow · · · · · · · · · · · · · · · · · · · · · · · · · 2 Accept easements/Hunter's Hollow · · · · · · · 2 Resolution R214-96 approving revised final plat/Hunter's Hollow2 Resolution R215-96 approving revised grading inspection fees 2 Purchase Fire Department vehicle (Polar Chevrolet, $23,099) · 3 Resolution R216-96 awarding bid/IP94-30/Structural Steel-Labor 3 Resolution R217-96 awarding bid/IP94-30/Misc Construction 3 Resolution R218-96 awarding bid/IP94-30/Roofing · · · · · 3 Resolution R219-96 awarding bid/IP94-30/Aluminum windows and entrances · · · · · · · · · · · · · · · · · · 3 Resolution R220-96 awarding bid/IP94-30/Skylights · · · · · · 3 Resolution R221-96 awarding bid/IP94-30/Drywall systems · · 3 Resolution R222-96 awarding bid/IP94-30/Flooring · · · · 3 Resolution R223-96 awarding bid/IP94-30/Ceiling tile systems 3 Resolution R224-96 awarding bid/IP94-30/Painting · · · · · 3 Resolution R225-96 awarding bid/IP94-30/Mechanical · · · · · 3 Resolution R226-96 awarding bid/IP94-30/Electrical · · · · · 3 Resolution R227-96 appointing judges/general election · · · · 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · 3 SHERIFF'S DEPARTMENT REPORT · · · · · · · · · · · · · 3 AMEND ORDINANCE 8, SECTION 4.30/HOME OCCUPATIONS · · · · · 4 Motion to approve amendment · · · · · · · · · · · · · · · · 6 NOVEMBER 5 COUNCIL MEETING and SPECIAL MEETING/CANVAS ELECTION RESULTS Motion to reschedule meeting to November 6 and schedule canvassing election results at the same meeting · · · 6 NO PARKING ORDINANCE CHANGE Motion to allow overnight parking during the summer · · · · · 7 SCHOOL ZONE MARKINGS · · · · · · · · · · · · · · · · · · · · 7 MAYOR/COUNCIL INPUT Neighborhood Crime watch groups · · · · · · · · · · 8 Update on cleanup of auto salvage area · · · · · · · 8 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · 8 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · 8 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - OCTOBER 1, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on October 1, 1996, 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 City Engineer, Scott Erickson City Planning, Jeff Johnson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Mavor Jack McKelvev - on behalf of the Andover Lions, presented a check to the City of Andover for $5,000 to be used in the parks. That brings the total contributions by the Lions to the City to $98,000 over the last 18 months. Carroll Abbott. 2917 142nd Lane - received a letter from the City of Andover while he was out of the country accusing him of constructing a deck onto his house without a building permit. The letter said he was in violation of the ordinances and had 10 days to respond. Mr. Abbott stated the deck was built 20 years ago and remodeled over 10 years ago. He had to make two long distance international phone calls to get this resolved, and now he would like a letter of apology from the City signed by the City Administrator. He'd like to have that letter within 7 to 10 days. Mayor McKelvey asked to be given time to find out what happened; and if warranted, he will be sent a letter of apology. Mr. Abbott - heard rumors that there are plans to construct a new high school in Andover. Mayor McKelvey stated the school district has contacted the City regarding land for a future high school and to have it included in the City's Comprehensive Plan; but no specific plans have been made yet. Mr. Abbott - stated he has talked with Mr. Stone and Mr. Erickson about the possibility of allowing the residents to use the dump station for campers. Mr. Erickson stated he will check into that possibility. Roqer Sharon. 14569 Martin Court - stated there are no handicapped parking sites in Sunshine Park. Is there someone in the City who would check on such things or isn't the City required to have them? Mayor McKelvey noted he went out with Mr. Sharon the other day. He has talked to Public Works, who will remedy the situation very shortly. Public Works will also check the other parks, though some have not yet bee~ made handicapped accessible. Regular Andover City Council Meeting Minutes - October 1, 1996 Page 2 (Resident Forum, Continued) Mr. Sharon - had complained about the election signs in the boulevards. He noticed that the Fire Department had a sign on the road right of way. Mr. Johnson put it back where it belonged, but it has since been brought up to the curb on Crosstown Boulevard again. Is that something the City can do that the residents cannot? Also, there are still political signs in the county right of ways. Mayor McKelvey stated the Fire Chief will be informed of the ordinance. Also, the county has written a letter to all candidates running for political office to get their signs off of the county right of way by October 7, or the county will be picking up the signs. AGENDA APPROVAL Add Sheriff's Department Report following the Approval of Minutes. Add Item 32, Appoint Judges/General Election. On Item 20, Purchase Request/Fire Department Vehicle, the Council agreed to purchase the 1997 vehicle rather than the 1996 model for the extra trade-in value when it is traded in the future. They also directed the Department to look at a five-year warranty. MOTION by Jacobson, Seconded by Kunza, to so move. Motion carried unanimously. CONSENT AGENDA Item 7 Schedule Hearing/Delinquent Utility Service Charge (November 5, 1996) (See Resolution R207-96) Item 8 Declare Costs & Order Assessment Roll/1996 Delinquent Utility Service Charge (See Resolution R208-96) Item 9 Appoint Audit Firm (Kern, DeWenter, Viere, Ltd) Item 10 Release Escrow/Pheasant Meadows/IP92-10 Item 11 Variance/15628 potawatomi Street NW/Mike Foth (See Resolution R209-96) Item 12 Approve Change Order #1/Commercial Boulevard Extension/IP94-33 (See Resolution R210-96) Item 13 Order Plans and Specs/Contaminated Soil and Debris Removal (Part 2)/IP94-33C (See Resolution R211-96) Item 14 Approve Final Payment/IP96-13/Miscellaneous Storm Sewer Maintenance (See Resolution R212-96) Item 15 Approve Ordinance Amendment/Street Name Change/Lund's Evergreen Estates 2nd Addition/164th Lane NW to 164th Avenue NW Item 16 Approve Revised Preliminary Plat/Hunter's Hollow (See Resolution R213-96) Item 17 Accept Easements/Hunter's Hollow Item 18 Approve Revised Final Plat/Hunter's Hollow (See Resolution R214-96) Item 19 Approve resolution/Revised Grading Inspection Fees (See Resolution R215-96) .- ~- --_. . Regular Andover City Council Meeting Minutes - October 1, 1996 Page 3 (Consent Agenda, Con tinued) Item 20 Purchase Request/Fire Department Vehicle (1997 model; Staff to check on 5-year warranty; Polar Chevrolet; $23,099.00) Item 21 Award Bid/IP94-30/Structural Steel - Labor (See Resolution R216-96) Item 22 Award Bid/IP94-30/Miscellaneous Construction (See Resolution R217-96) Item 23 Award Bid/IP94-30/Roofing (See Resolution R218-96) Item 24 Award Bid/IP94-30/Aluminum Windows and Entrances (See Resolution R219-96) Item 25 Award Bid/IP94-30/Skylights (See Resolution R220-96) Item 26 Award Bid/IP94-30/Drywall Systems (See Resolution R221- 96) Item 27 Award Bid/IP94-30/Flooring (See Resolution R222-96) Item 28 Award Bid/IP94-30/Ceiling Tile Systems (See Resolution R223-96) Item 29 Award Bid/IP94-30/Painting (See Resolution R224-96) Item 30 Award Bid/IP94-30/Mechanical (See Resolution R225-96) Item 31 Award Bid/IP94-30/Electrical (See Resolution R226-96) Item 32 Appoint Judges/General Election (See Resolution R227- 96) MOTION by Kunza, Seconded by Dehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES September 11, 1996, Special Meeting: Correct as written. September 17, 1996, Regular Meeting: Correct as written. September 17, 1996, EDA Meeting: Correct as written. MOTION by Knight, Seconded by Kunza, approval of all three Minutes. Motion carried unanimously. SHERIFF'S DEPARTMENT REPORT Lieutenant Bruce Andersohn announced he has just be appointed the liaison between the City of Andover and the Sheriff's Department. He is a resident of Andover and worked this contract between 1979 and 1989. He then presented a report of the activities of the Sheriff's Department in Andover during the month of August. In responding to concerns expressed around the Crooked Lake School area, they have issued patrol and CSO personnel to that area in an effort to increase safety. Mayor McKelvey stated he has received complaints of speeding on 142nd, which is the main entrance to the Meadows of Round Lake. Lieutenant Andersohn stated he will talk to the patrolling division captain about that situation as well as the problems in Woodland Terrace. He noted the traffic study done in Woodland Terrace in July shows that about 70 percent of the traffic up Narcissus was local, both Andover and Coon Rapids residents. They have already written 201 tickets in that grid area for the months of July, August and September. .- -- Regular Andover City Council Meeting Minutes - October 1, 1996 Page 4 AMEND ORDINANCE 8, SECTION 4.3D/HOME OCCUPATIONS Mr. Johnson reviewed the proposed amendment to the Home Occupations section of Ordinance 8 which will accommodate those home occupations that have been conducting business at their residences prior to May 15, 1990, the date of the last ordinance amendment, and which do not comply with the ordinance. The proposal will allow them to continue to operate in the same manner with an approved Special Use Permit. The Permit will be temporary, in that if the Permit holder dies or moves to a new location, it shall automatically terminate. In the case of death, a surviving spouse residing at the same address may continue the home occupation if written notice is giving to the Planning and Zoning Department. These permits may be revoked by the City Council. Revocation shall be initiated by the Planning Department if there is reason or upon the receipt of three complaints by residents within 350 feet of the parcel where the home occupation is being conducted. Councilmember Kunza asked what would happen if a business needs to have more than one vehicle to operate. Mr. Johnson stated the current ordinance allows only one vehicle. However, this amendment is specifically for those nonconforming businesses that have been in operation between 1971 and May 15, 1990; and under the Special Use Permit, they would be allowed to operate in the same manner with the same number of vehicles. Mayor McKelvey asked if any business would be denied a Special Use Permit, such as auto repair, paint booths, etc. Mr. Johnson stated Staff would conduct the on-site inspection and document the conditions. That would be presented to the Planning Commission in the Special Use Permit process. The general safety, well being and general welfare of the neighborhood would be considered; but no specific businesses are being singled out. Every nonconforming business which began during that time frame would be given an opportunity to continue operation under a Special Use Permit. The cost of applying for a Permit is $150, and the process takes four to six weeks. Mr. Carlberg cautioned that would not necessarily mean, however, that the Permit would be granted; as there may be situations where the business is completely out of character or is a safety problem. Councilmember Dehn asked if the inventory of all equipment and machinery that is being asked on Page 4 needs to be detailed. Mr. Johnson stated it is not meant to be detailed. They are looking at the significant items of equipment and machinery. Councilmember Dehn inquired about the annual inspections noted on Page 5. Mr. Johnson stated normally all Special Use Permits are conditioned that the City has the ability to inspect annually. In practice, annual inspections are not done. This provision gives the City the authority to inspect annually. If there are no complaints, there is no reason for Staff to return. Mayor McKelvey asked if the three complaints must come from three different persons before Staff will inspection. After further Regular Andover City Council Meeting Minutes - October 1, 1996 Page 5 (Amend Ordinance 8, Section 4.30/Home Occupations, Continued) discussion, the Council suggested the ordinance be clarified to state the complaints must come from three different parties within a one-year time frame (Page 5, E, 1). Mr. Carlberg stated Staff can inspect the premises even after one complaint. The intent is to make sure all conditions of the Special Use Permit are being met at all times. Councilmember Knight stated there is evidence of an increase in home occupations across the country, so he suspected this will have to continually be adjusted. Why isn't there a place in the ordinance for an heir to take over, such as in a father-son business. Mr. Carlberg stated that was discussed at the Planning commission. They felt the idea of the amendment was to allow those nonconforming businesses to continue to operate for a temporary period of time. If the business is allowed to pass on to an heir, potentially it could remain indefinitely. Councilmember Jacobson did not concur with the recommendations of the Planning commission. He felt the amendment will create a bureaucratic nightmare for the City. No criteria is set for issuing the Special Us" Permits. He felt the residential neighborhoods need to be respected, so only limited home occupations should be allowed. To allow the illegal businesses to be passed on to heirs means those conditions could continue for 25 to 40 years or longer. The original idea was to slowly, with compassion, eliminate the illegal businesses within the City; and he didn't think this is the way to do it. Only two other communitjes in the metropolitan area have adopted similar ordinances. The City should allow some leeway with the illegal home occupations but to creatively phase them out over the coming years. He stated if he is in the minority, he had several recommended changes to the amendment; but he will vote against it because he is philosophically opposed to it. The other Councilmembers and Mayor each expressed their support for the concept of allowing those nonconforming businesses which began operation between 1971 and May 15, 1990, to continue operation and for support of cottage industries in general. Councilmember Knight felt that by ignoring these businesses in the past, the City gave silent approval of them. Councilmember Kunza agreed they should be phased out but felt the businesses should be allowed to operate until the owner wishes to discontinue the operation or dies. He felt the neighborhoods are being protected through the Special Use Permit. Mayor McKelvey also supported those businesses, but did not think the City should allow them to ba. passed on to heirs. Councilmember Dehn felt there is no difference between a salesperson whose office is in the home and who operates with one or two vehicles and an electrician who also operates from the home with one or two vehicles that have the business name on them. The Council then reviewed certain provisions of the proposed amendment and made the following comments and changes: Page 2, Item 8: Councilmember Jacobson felt the definition for "repair services" should be narrowed. Mr. Carlberg read the definition of repair services. Mayor McKelvey stated as read, it would not include auto repair or an auto body shop. Mr. Carlberg noted those applicable nonconforming businesses would be allowed to apply for the Special Use 0- ______._ . Regular Andover City Council Meeting Minutes - October 1, 1996 Page 6 (Amend Ordinance 8, Section 4.30/Home Occupations, Continued) Permit, which would include auto repair. He also noted Item 8 is in the ordinance now. Council agreed to no change. Page 4, D, first paragraph, line 2: Councilmember Jacobson suggested adding "...conform to standards contained in Section 4.30(B) and (C) or which have not otherwise been approved by the City and have conducted..." Some nonconforming businesses may have already been approved by the City, so there would be no need for them to make application. The other Councilmembers did not agree with the suggestion. Page 4, D, Subsection 1 : Councilmember Jacobson suggested the word "written" be stricken from the first line. He felt some other types of proof would be acceptable to demonstrate they have conducted the business at their current address prior to May l5, 1990. The Council agreed. Page 5, second paragraph: Councilmember Jacobson suggested adding to the first sentence, "...adhered to or cannot be increased or enlarged." The Council agreed. Page 5, (E) , 1 : The Council agreed to the following change: Add " . . . unless obj ections or complaints are received wi thin a year from an,' three residents. . . " Delete the last sentence relating to the termination of the permit when permit holder dies or moves to a new location, as that is stated elsewhere in the amendment. Page 5, (E) , 2: Council agreed to change the wording in second sentence, "In addition, the City Administrator or the Administr2tor's designee shall, upon reasonable request, enter and inspect the premises. . . " (delete "have the right at any time") . Page 6, 5 : Council discussed the 90-day provision suggested in which all applicable nonconforming businesses must apply for the Special Use Permit. They felt more flexibility is needed, especially to give Staff enough time to handle the increased work load. It was agreed the 90 days should be changed to 180 days. Page 6, (F) , first paragraph: Delete the word "written" I to read "All requests by residents or Staff seeking revocation..." Page 7, (G) , 1-3: Council agreed to change "applicant for the permit" to "The permit holder". MOTION by Dehn, Seconded by Kunza, to approve the amendment to Ordinanc'è 8 as amended. Motion carried on a 4-Yes, I-No (Jacobson) vote. NOVEMBER 5TH COUNCIL MEETING and SCHEDULE SPECIAL MEETING/CANVAS ELECTION RESULTS MOTION by Knight, Seconded by Kunza, to change the Council meeting date to Wednesday, November 6, and schedule the canvassing of the election at the same time. Motion carried unanimously. Regular Andover City council Meeting Minutes - October 1, 1996 Page 7 NO PARKING ORDINANCE CHANGE MOTION by Jacobson, Seconded by Kunza, to change Ordinance No. 33 tj allow summer time parking but restrict it from November 1 to April 15. Restriction would be for the purpose of snow removal in the winter. DISCUSSION: Councilmember Dehn noted the advantage of having no parking on the streets is for enforcement purposes. The law enforcement is able to tag anyone parking in the area who is suspicious. Mayor McKelvey noted an incident of people receiving a ticket for parking on the street the first night they moved into the City, as they were unaware of the ordinance. There are no signs about parking restrictions at the entrances to the City. Also, often motor homes of visitors are parked in the streets, and he felt those should not be tagged. Lieutenant Andersohn stated the ordinance makes patrolling at night easier in the residential area. councilmember Jacobson stated there needs to be a balance of law enforcement versus the needs of the people who live in the City. He felt the police will investigate anything that is suspicious anyway. Motion carried on a 4-Yes, I-No (Dehn) vote. SCHOOL ZONE MARKINGS Mr. Erickson stated this is an informational item about the necessity to sign and provide traffic control for the students walking to and from the schools along Hanson and Crosstown Boulevards. The county i" willing to install informational signs indicating the school zones and would pursue a speed study in an attempt to reduce the speeds at those locations with the City's concurrence. They are also reviewing the possibility of temporary four-way stop signs at the intersection of Hanson and Crosstown Boulevards. Staff has discussed the possibility of constructing bituminous sidewalks along Hanson and Crosstown Boulevards, as there are children who walk along those streets. A funding source may be the off-system state aid funds if they are in the right of way. The Council discussed the safety concerns at the intersection of Crosstown and Hanson Boulevards, especially with a four-way stop because many people fail to come to a full stop. The general feeling was that intersection should have signal lights before the year 2000, which is when the county is predicting they will install them. It was suggested the Council and residents apply more pressure to the county board to light that intersection now. Another proposal was to bring county board members to view the site for a period of time to witness the safety concerns. Or possibly some financial arrangement can be made with the county that the City would fund the installation now and the county reimburse the City at a later date; or temporary lights could be installed now and permanent ones put in when that intersection is reconstructed. Possibly there should be some temporary funding Of' crossing guards to be sure the children cross the roads safely. The Council felt the safety concerns at that intersection are of such significance that something must be done now. Staff agreed to look at costs and funding options and look at a reimbursement program with the county for signals at that intersection. -~ . - - --.- -- . -- - - ."- . Regular Andover City Council Meeting Minutes - October 1, 1996 Page 8 The Council recessed at 8:50 to hold an EDA meeting; reconvened at 8:52 p.m. MAYOR/COUNCIL INPUT Neighborhood Crime Wa tch Groups - Councilmember Knight stated he still believes in the program and felt it needs some rejuvenation. It needs a coordinator. Lieutenant Andersohn stated he will check into it and see what can be done to bring some life back into the program. He didn't know whether a coordinator would be someone from the Sheriff's Department or from the Community Schools. Update on Cleanup of Auto Salvage Area - Mr. Fursman updated the Council on the status of the cleanup being done in the auto salvage area south of Bunker Lake Boulevard. There are less tires than expected, but considerably more buried debris than expected. There is also a large contaminated soil area, and the City is being urged to apply to the Department of Trade and Economic Development for a grant to clean up the area. That contaminated area was not discovered by the MPCA or EPA, as they had said the area was now free of contamination. Right now they are waiting for the results of just what is in the contaminated soil, so it can be determined how to dispose of it. Also, the City will pursue special legislation through its Senator and Representative to try to get something passed in the next legislative session which might provide some state monies to help with the cleanup of that contaminated area. He will have an updated report on what will be done with the contaminated soil and the economic impact. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dehn, approval of the Claims as presented. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 9:13 p.m. Respectfully submitted, ~~E~~~al- Recording Secretary .-