HomeMy WebLinkAboutCC November 4, 1997
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
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Regular City Council Meeting - Tuesday, November 4, 1997 agenda
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Call to Order - 8:01 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
I. Public HearinglDelinquent Utilities utilities
2. Rezoning ContinuedllSXXX Hanson Blvd. NW/Chesterton Partnership chesterton
3. Discuss Slow No-Wake Ordinance/City of Ramsey Response nowake
4. Discuss Request from Ashford DevelopmentlBuilding Permits/97-8/Chesterton Commonsdisc978
S. Revise Tax Increment Finance District I-I revise
Staff, Committees, Commissions
6. Schedule Special Meeting/UPA Substation Expansion upa
Non-Discussion/Consent ltems
7. Accept Withdrawal of Special Use PermitlMcLeanl4360 - 144th Lane NW mclean
8. Approve Ord. No. 2lS/Seasonal Weight Restrictions ord215
9. Amend Ord. No. 233/Dogs and Cats ord233
10. Approve Ord. No. 239/Uniform System for Numbering Properties ord239
II. Approve Ord. No. 212A1ChanginglRenaming Streets ord212a
12. Approve Ord. No. 242IWaiving Ordinance Requirements During Emergency Situations ord242
13. Approve Ord. No. 243/City Council Rules ord243
14. Approve Ord. No. 237IBurning ord237
IS. Approve Change Order #1/9S-24/Extension of Time/Coon Creek BikewaylWalkway Trail co19524
16. Approve Feasibility Report/96-1 611 4220 Crosstown Blvd. NW appr9616
17. Request Speed Study/ Anoka CountylBunker Lake Blvd. NW speed
18. Accept Petitionl9S-S/14122 Prairie Road NW/SS pet955
19. Approve Change Orders/96-IS/Public Works cos9615
20. Approve Final Payment/97-2S/Fencing fpay9725
21. Approve Contract/Peach Associates peach
22. Approve Change Orders #2 (94-33B) & #2 (94-33C)lInclude Environmental Clean Up/ co9433bc
Mom's Auto Salvage Yard
23. Redeem G.O. Improvement Bonds of 1978 bonds
24. Approve Hiring/SecretarylReceptionist hiring
Mayor/Council Input
Payment of Claims
Adjournment
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REGUL1R ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 4, 1997
TABLE OF CONTENTS
RESIDENT FORUM ..................................................... I
AGENDA APPRO V AL ................................................... I
CONSENT AGENDA
Accept Withdrawal of Special Use Permit/McLeart/4360 144th Lane NW .......... 2
Approve Ordinance No. 215/Seasonal Weight Restrictions. . . . . . . . . . . . . . . . . . . . .. 2
Amend Ordinance No. 233/Dogs and Cats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Approve Ordinance No. 239/Uníform System for Numbering Properties. . . . . . . . . . .. 2
Approve Ordinance No. 212NChanging/Renaming Streets ..................... 2
Approve Ordinance No. 242IWaiving Ordinance Requirements During
E S" ?
mergency ItuatlOns............................................. _
Approve Ordinance No. 242/City Council Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Resolution R257-97 approving Change Order #1/IP95-24Æxtension ofTime/Coon
Creek BikewaylWaikway Trail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Resolution R258-97 approving feasibility reportlIP96-16114220 Crosstown Blvd. . . .. 2
Request Speed Study/ Anoka County/Bunker Lake Boulevard NW ..............2
Resolution R259-97 accepting petitionIJP95-5/14122 Prairie Road NW /Sanitary Sewer ... 2
Resolution R260-97 approving Change Order #6!IP96-15/Public Works ........... 2
Resolution R261-97 approving Change Order #1/IP96-15/Putlic Works ........... 2
Resolution R262-97 approving final paymentlIP97-25/Fencing . . . . . . . . . . . . . . . . . .. 2
Approve Contract/Peach Associates . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . .' 2
Resolution R263-97 approving Change Order #2/IP94-33B/Include Environmental
Clean Up/Mom's Auto Salvage Yard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Resolution R264-97 approving Change Order #2/IP94-33C/Mom's Auto Salvage .... 2
Resolution R265-97 redeeming G.O. Improvement Bonds of 1978 . . . . . . . . . . . . . . .. 2
APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
PUBLIC HEARING: DELINQUENT UTILITIES ............................... 2
Resolution R266-97 approving assessments ................................. 3
REZONING/15XXX HANSON BOULEVARD/CHESTERTON PARTNERSHIP ...... 3
DISCUSS SLOW-NO-W AKE ORDINANCE/CITY OF RAMSEY RESPONSE ........ 4
BUILDING PERMITS/IP97-8/CHESTERTON COMMONS. . . . . . . . . . . . . . . . . . . . . .. 5
Motion to table to next Council meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
REVISE TAX INCREMENT FINANCE DISTRICT I-I
Resolution R267-97 approving the change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
DISCUSS CUI_-DE-SAC/LOT SPLIT ........................................ 6
Motion to wthorize 100-foot diameter cul-de-sac easement/Marystone ............ 7
AMENDMENT TO ORDINANCE NO. 110, THERAPEUTIC MASSAGE. . . . . . . . . . .. 7
Motion to forward to Planning and Zoning Commission . . . . . . . . . . . . . . . . . . . . . . .. 8
VARIANCE - TOM SCHIEBOUT - 1425 ANDOVER BOULEVARD. . . . . . . . . . . . . .. 8
Resolution R268-97 approving the variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 9
SCHEDULE SPECIAL MEETINGIUPA SUBSTATION EXPANSION
Motion to schedule meeting on November 13, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ORDfNANCE NO. 237/BURNfNG .......................................... 9
Motion to approve . ' , . . . . . . . . ................... . . . . . . . . . . . . . . . . . . . 10
MA YORlCOlJNCIL INPUT
Bunker Lake/Hanson Boulevard Intersection .. . . . . , . . . . . . . . . . . , . ' . . . . . . . . . . 10
APPROVAL OF CLAIMS ....... . ........................,.......... . 10
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
REGULAR CITY COUNCIL MEETING - NOVEMBER 4, 1997
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack
McKelvey, November 4 , 1997, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Bonnie Dehn, Mike Knight, Ken Orttel
Councilmember absent: John Kunza
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
Finance Director, Jean McGann
City Planner, John Hinzman
Community Development Director, Dave Carlberg
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Joy Pirkel 12348 Lily Street NW Coon Rapids - send a letter to Jeff Johnson requesting that
Ordinance 110 be reviewed. Mayor McKelvey noted that item wi;i be added to this evening's agenda.
Winslow Holasek. 1159 Andover Boulevard - had dropped off pictures of the pond in WiI"slow Hills
just south of Crosstown Boulevard which clearly shows the level of water has dropped significantly.
It has even gone down since the dewatering stopped about three weeks ago. His concern is the
drainage ITom the north in Hamilton Square will naturally drain south rather than north, which would
negatively impact the Xeon storm drainage system. Mr. Erickson stated Staff will be reviewing that
issue and will have a presentation at the next Council meeting. He did not feel it is necessary to work
with a consulting engineering firm at this time.
AGENDA APPROVAL
Add Item 5a, Discuss Cul-de-Sac/Lot Split/Jim Nielsen; Item 5b, Ordinance 110, Therapeutic
Massage; Item 5c, Variance - Construct Addition Encroaching into Setback from Major Arterial-
1425 Andover Boulevard - Tom Schiebout. Remove ITom Consent Agenda for Discussion, Item 14, .'
Approve Ordinance No. 237/Burning. Delete from the agenda, Item 24, Approve
Hiring/Secretary /Receptionist.
Motion by Knight, Seconded by Dehn, to approve the agenda as amended. Motion carried on a 4-
Yes, I-Absent (Kunza) vote.
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Regular Andover City COllncil Meeting
Minutes - November -I, 1997
Page 2
CONSENT AGENDA
Item 7. Accept Withdrawal of Special Use PermitIMcLeanl4360 144th Lane NW
Item 8. Approve Ordinance No. 21S/Seasonal Weight Restrictions
Item 9. Amend Ordinance No. 233/Dogs and Cats
Item 10. Approve Ordinance No. 239/Uniform System for Numbering Properties
Item II Approve Ordinance No. 212A/Changing/Renaming Streets
Item 12 Approve Ordinance No. 242/Waiving Ordinance Requirements During
Emergency Situations
Item 13 Approve Ordinance No. 242/City Council Rules
Item 15 Approve Change Order #IIIP95-24IExtension of Time/Coon Creek
Bikeway/Walkway Trail (See Resolution R257-97)
Item 16 Approve Feasibility Report/IP96-16/14220 Crosstown Boulevard NW (See
Resolution R2S8-97)
Item 17 Request Speed Study/Anoka County/Bunker Lake Boulevard NW
Item 18 Accept PetitionlIP95-S/14122 Prairie Road NW/Sanitary Sewer (See
Resolution R259-97)
Item 19 Approve Change OrderslIP96-15/Public Works (See Resolution R260-97 for
Change Order #6/Julian M. Johnson Construction; and Resolution R261-97
for Change Order #1/KMH Erectors, Inc.)
Item 20 Approve Final PaymentIJP97-25/Fencing (See Resolution R262-97)
Item 21 Approve Contract/Peach Associates
Item 22 Approve Change Orders/Include Environmental Clean UplMom's Auto
Salvage Yard (See Resolution R263-97 for Change Order #2/IP94-33B; and
Resolution R264-97 for Change Order #2/IP94-33C)
Item 23 Redeem G.O. Improvement Bonds of 1978 (See Resolution R265-97)
Motion by Dehn, Seconded by Knight, to approve the Consent Agenda Motion carried on a 4- Yes,
I-Absent (Kunza) vote.
APPROVAL OF MINUTES
October 21, 1997, Special Meeting: Correct as written.
October 21, 1997, Regular Meeting: Correct as written.
Motion by Knight, Seconded by Dehn, to approve both Minutes. Motion carried on a 4- Yes, 1-
Absent (Kunza) vote.
PUBLIC HEARING: DELINQUENT UTILITIES
8: 15 p.m. Ms. McGann explained that those who have delinquent sewer, water and/or street lighting
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Regular Andover City Council Meeting
Minutes - November 4, 1997
Page 3
(Public Hearing: Delinquent Utilities, Continued)
service charges have been notified of the proposed assessment and certification process. Some
charges have been paid, so the revised assessment balance is $28,800.60. After the Resolution is
approved, the residents still have until December 5 to pay all of the charges or make payments for the
delinquent utilities without incun1ng additional interest or finance charges. Mayor McKelvey opened
the hearing for public testimony. There was none.
Motion by Orttel, Seconded by Dehn, to close the public hearing. Motion can1ed on a 4- Yes, 1-
Absent (Kunza) vote.
Motion by Orttel, Seconded by Knight, the prepared Resolution; note that it be attached to the
correct assessment amounts presented on 11-4-97. (See Resolution R266-97) Motion carried on
a 4- Yes, I-Absent (Kunza) vote.
REZONING CONTINUEDI15XXX HANSON BOULEVARD NWICHESTERTON
PARTNERSHIP
Mr. Hinzman reviewed the issue of the rezoning request of Chesterton Partnership to rezone
approximately 60 acres in Section 22 between Nightingale Street and Hanson Boulevard from R-I,
Single Family Rural, to M-2, Multiple Dwelling.
Jerry Windschitl Chesterton Partnership - stated they have researched what other cities have done
to be able to designate housing for seniors only. Another issue they are trying to resolve is the
parking per the City's ordinance for senior housing. He found that in constructing developments for
empty nesters or seniors, the type of construction differs significantly as opposed to designing for a
young family. Many of the senior housing have only one or two bedrooms, rarely three. Sometimes
there will be two bedrooms and a den or home office; and there generally will be some handicapped
accessibility standards met. The size of the units, price and amenities offered generally determine
the targeted age group of residents. He had an illustration of a multiple use development in
Minnetonka that has been marketed for empty nesters and seniors. He has a vested interest in doing
a high quality development. In many cities where there is age discrimination in favor of seniors, it
is done through the financing document. There is apparently some ability of governmental agencies
to do some type of age discrimination if it does some financing on the project. He didn't know if
Andover would be interested in becoming a part of this development. If so, he would be willing to
discuss it further; but they are willing to do this with private, not public funding. He is trying to get
a concept plan to resolve the issue, but he wanted direction ITom the Council as to the number of
units, type of units, rent versus sale of units and layout. The density would not be nearly as high as
the Presbyterian Homes development.
Mr. Hinzman noted the ordinance has a provision on the number of parking spots which relate to
senior housing. There was some discussion between Staff and Mr. Windschitl on the ordinance
requirements and how that would affect a multiple housing development versus single family housing.
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Regular Andover City Council Meeting
Minutes - November 4, 1997
Page 4
(Rezoning/15= Hanson Boulevard/Chesterton Partnership, Continued)
Mr. Carlberg felt the parking issue can be resolved through a Planned Unit Development applying
senior housing parking to that facility and town home parking requirements to those buildings. The
parking would be based on the use being proposed.
Mr. Windschitl suggested he bring in a sketch plan, though it would not have architectural renderings,
to resolve the issue. He would like that plan reviewed by Staff, then submitted to the Council. He
asked if the Council is having a special meeting the fourth week in November. At this point the
Council did not think there would be a special meeting that week, though they would be willing to
review this issue if a special meeting is called. They agreed a layout of the use on the property is
what they are looking for.
There was some question on whether or not to designate a specific minimum age for senior housing,
such as 55 and over, on the legalities of such a restriction, and its application to spouses who may be
younger. Mr. Windschitl had a concern that nothing be said or done that could potentially accuse him
of age discrimination. He is not looking for rental apartments other than possibly for seniors. Mr.
Carlberg stated their research shows that most cities do not have a specific zoning for senior housing,
but it is done as a PUD or through a Special Use Permit. He felt the proposal of town homes, an
apartment and possibly a day care would be an ideal Planned Unit Development.
Councilmember Orttel noted all the Council really wants is a way of rezoning the property so it does
get developed for empty nesters or senior housing. The concern is between the rezoning and the time
construction is started when the property could potentially be sold. If that were to happen, then the
City would have no authority to stop the construction of apartment houses or other multiples under
that zone. The other Councilmembers agreed. Several Councilmembers also stated they would prefer
the sale of units rather than rental units except for an apartment building. Mr. Carlberg stated Staff
will talk with representatives ¡¡-om the Anoka County Community Development Block Grant program
and to those at Presbyterian Homes regarding financing options. Council also asked Attorney
Hawkins to research what the City can do to define senior housing, to designate an area through
zoning exclusively for senior type housing and what authority do cities have to restrict certain areas
for senior housing.
Mr. Windschitl stated he would be willing to have this item extended to the December 2 regular
meeting; however, if a special Council meeting is called for the la~t week in November, he asked that
this item also be discussed at that meeting. He will provide the request in writing to the Staff. The
Council verbally agreed,
DISCUSS SLOW-NO-WAKE ORDINANCE/CITY OF RAMSEY RESPONSE
Mr. Carlberg reported Staff met with the City of Ramsey to discuss adopting a slow-no-wake
ordinance along the Rum River. Andover has proposed identifYing zones or areas that are
experiencing the most significant erosion problems as opposed to labeling a slow-no-wake zone for
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Regular Andover City Council Meeting
Minutes - November -I, 1997
Page 5
(Slow-No-Wke Ordinance/City of Ramsey Response, Continued)
the entire river. The Ramsey City Council decided on October 14 to pursue the route of establishing
the slow-no-wake area along the entire Rum River. Both Andover and Ramsey must adopt the same
ordinance for the river.
The Council suggested Staff talk to the City of Ramsey again to reiterate its position of posting slow-
no-wake zones only in those areas experiencing erosion problems, If an agreement cannot be
reached, it was suggested a special joint meeting of the Councils for both cities be arranged,
Andrea Yaeger. 4810 Marystone -lives between areas three and four on the map where slow-no-
wake zones would be established, She submitted pictures where large motor vehicles driving past
her property created huge wakes, From the house she is able to tell whether a family boat is going
down the river, which moves slowly, or a large motor craft, She has the license numbers of boats that
have created problems, The entire area is sensitive, and the level of the water changes, depending
on the weather. She supported a slow-no-wake along the entire length of the river. The Council
pointed out that by State law it is illegal for jet skis to be on the Rum River because of the width of
the river. They encouraged residents to call the Sheritrs Department if jet skis are on the river, The
Council also suggested that areas three and four on the slm:¡-no-wake map which indicate the
sensitive erosion areas should be combined into one zone, Mr. Carlberg stated he will talk with the
administration at Ramsey again and possibly schedule a joint meeting of the Councils.
DISCUSS REQUEST FROM ASHFORD DEVELOPMENT/BUILDING PERMITS/IP97-
8/CHESTERTON COMMONS
Mr. Erickson reported Ashford Development Corporation has requested they be allowed to receive
building permits for Chesterton Commons, Project 97-8, after the Class 5 has been placed in the
development. He suggested if that request is approved, it should be stipulated that the developer is
responsible for any damage to the concrete curb and gutter and contamination of the Class 5 gravel.
Also, the developer would be required to plow the roads in the winter, and no Certificates of
Occupancy would be issued until the bituminous is in place in the spring. The City contract is still
working, and it is their intent to pave the development yet this year. That is, however, weather
related, Councilmember Knight noted this is the third or fourth request to be allowed building
permits prior to the bituminous, so what is the point of having the requirement, Councilmember
Ortte felt that this particular waiver could be included in the Development Agreement with the
provisions in place to allow building permits prior to the laying of bituminous streets and to include
all of the stipulations.
Jerry WindschitL Ashford Development - stated the reason for the request is he is paying a premium
on a project based on a completion date, This is after that completion date, and it is a hardship for
him He didn't realize all of the stipulations would be placed on it. They are trying to get homes built
for the Parade of Homes in February, but one of the requirements of the Parade of Homes is that a
Certificate of Occupancy be issued. He felt the project clearly could have been finished by the
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Regular Andover City Council Meeting
Minutes - November 4. 1997
Page 6
(Request from Ashford Development/Building Permits/IP97-8/Chesterton Commons, Continued)
completion date. Mr. Fursman stated the City has given tempor~ry Certificates of Occupancy in the
past for the Parade of Homes, and that could be done in this case.
Mr Windschitl - stated that would satisfY the Parade of Homes Builders Association requirement.
The other problem is the warranty for the curb. He would have to write an agreement with the
builders to warranty the curb and the Class 5, but the builders won't do that. He argued he shouldn't
have to do that since he already paid a premium to get the job done in the first place.
Mr. Erickson stated it is the City's intent to get the paving done yet this year, hopefully in the next
few days. If so, this request is a non-issue. The Council agreed to table the item to the next meeting,
at which time it will be known whether or not the paving will be in place this year.
Motion by Orttel, Seconded by Dehn, to table the issue until then next regular Council meeting.
Motion carried on a 4- Yes, I-Absent (Kunza) vote.
REVISE TAX INCREMENT FINANCE DISTRICT I-I
Motion by Knight, Seconded by Dehn, the Resolution as presented. (See Resolution R267-97
approving the elimination of a parcel from Tax Increment Financing District No. I-I within
Development District No. I of the City of Andover) Motion carried on a 4- Yes, I-Absent (Kunza)
vote.
DISCUSS CUL-DE-SAClLOT SPLIT
Mr. Erickson explained Jim Nielson is in the process of completing a lot split granted by the City on
Marystone Boulevard for a new residence. One of the stipulations of the lot split was the dedication
of the right of way to the City for a cul-de-sac. The standard requirement for cul-de-sacs is 120 feet.
Jim Nielsen 4949 MaIYstone Boulevard - eXplained this is a very wild area with many trees, and a
lot split has already been approved on which he has just build a home. Because it is torrens property,
they needed a registered land survey. They cannot dedicate any roads or easements by State Statute,
so they must do it by deed. A deed dated August 18, 1997, has been presented to the City Staff,
drafted by John Oliver, a surveyor. It is a pear-shaped easement to encompass the existing driveways,
and they have changed the cul-de-sac from the existing driveway further to the front. The owner
would have to dedicate the easement. They definitely do not want to cut down the trees, so they are
proposing a I DO-foot easement; but the present garage at the south easterly portion of the driveway
which was originally 18 feet from the traveled surface of the dtiveway would now be only 10 feet
away from the easement. Technically a variance is needed for that. They are requesting the two
variances because it is a wild and scenic river area and they do not want to disturb the tre~s. A 120-
foot cul-de-sac in that area is simply over kill.
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Regular Andover City Council Meeting
Minutes - November -I, 1997
Page 7
(Discuss Cul-de-SaclLot Split - Jim Nielson, Continued)
Mr. Erickson stated Statfis proposing a Class 5 gravel driveway and to maintain the loop that is there
now. The request for the 120-foot easement is to meet the City's standard and to have it in place in
the event the area is redeveloped in the future. He met out there with Frank Stone, Public Works
Superintendent, who felt a turn around is needed; but he felt the existing driveways will meet the
needs of their vehicles to turn around. That turnaround should be dedicated to the City. The City is
only taking easement at this time and would not remove the trees until there is some improvement
out there.
Fire Chief Dan Winkel stated the Fire Department has the same issue with a turn around as Public
Works does. As it is, it would be very difficult to make the circle that is there now with the fire
trucks.
Mr. Nielsen stated they had 18-wheel semi trucks drive through the existing circle without any
problems. Chief Winkel stated it is easier for a semi to turn than for the fire trucks, which are straight
and not as flexible.
Donna ? M ar)'stone - stated it is a private drive to her home now. She would deed the easement
so the driveways are on public property. Councilmember Orttel stated the only benefit once the
driveway becomes public property is the City would have to maintain it. It would be foolish to pave
it at this time. There have been many instances where roads stop at property lines and cul-de-sacs
are not required. He felt this is over kill but would be agreeable to the 100 feet. Councilmember
Knight also felt the requirement is over kill, as this property, which is in the riparian lot area, will
never be subdivided again.
Motion by Orttel, Seconded by Dehn, that the Council authorize the dedication of a cul-de-sac right
of way in the diameter of 100 feet on the property at the end of Marystone Lane. DISCUSSION:
Attorney Hawkins stated a variance is not needed for the existing garage because it is a
nonconforming structure. Motion carried on a 4- Yes, I-Absent (Kunza) vote.
ADDRESS LETTER REQUESTING AMENDMENT TO ORDINANCE NO. 110,
THERAPEUTIC MASSAGE
Joy Pirkl 3679 Round Lake Boulevard Anoka - stated she is in the process of moving her salon to
14029 Round Lake Bouelvard in Andover. She wants to comply with the ordinance but has a
concern with two items. First the ordinance severely restricts the scalp massage, manicure and
pedicure services which are normally provided in professional salons. Secondly, the ordinance
severely restricts the qualifications necessary for therapeutic massage. She asked that the wording
be reviewed and those two sections be changed so they can effectively do scalp massages, manicures
and pedicures. Mr. Carlberg provided some of the background of when the City adopted the
Therapeutic Massage Ordinance. At the time, and still today, there were no state regulation or
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Regular Andover City COl/ncil Meeting
Minutes - November -I, 1997
Page 8
(Ordinance No. 110, Therapeutic Massage, Continued)
licensing for therapeutic massage. So the only thing the City could use was to require national
certification. In his research today of what other cities have done, he found that most allow the scale
massage, manicure and pedicure services. He also understands that the legislature wíll be proposing
in 1998 to license massage therapy, but the language will stíll require the national certification as well
as 500 hours of education.
M s Pirkl - stated she had no problem getting a license for her operation; but she has a person
working for her that has experience and over 500 hours of schooling but has not taken the national
certification test. She felt that because the massage therapy schools in the state are ce;1ified, the
national certification should not be necessary.
A woman in the audience stated the national certification has nothing to do with the state. The state
will require SOO hours. What the ordinance is saying is that going to a certified school and taking SOO
hours is not enough. She felt that doesn't make sense. The education from a state certified school
is what is needed to be certified nationally. She is licensed but does not want to spend the extra $200
to $300 to take the national test, though she has more qualifications than are needed for national
certification.
Ms. Pirkl - noted that licenses are not needed in Coon Rapids or Blaine. Their cosmetology license
is renewed every year. Council discussion was it appears reasonable to allow the services of scalp
massage, manicure and pedicure which includes the shoulder, hand/arm and foot/leg massage. There
was a concern with having some criteria, but possibly national certification isn't necessary. Possibly
requiring 500 hours of classroom training as well as graduation from an accredited school by the
Massage Therapy Association would be sufficient. Some felt the wording in the Wayzetta ordinance
requiring documentation of 500 hours and recognition by a national therapy massage organization
would be sut1icient.
Ms. Pirkl - noted she is looking for more flexibility in the ordinance to run an organization that is
above board and to be able to offer professional services in the community that is in compliance with
the ordinance. She agreed a clause requiring graduation from an accredited school rather than
national certification would be better. Mr. Carlberg noted the ordinance would have to be amended
to change the requirements on those two issues.
Motion by Knight, Seconded by Dehn, to refer the item back to the Planning and Zoning Commission
with the comments that have been made here and look at the ordinance. Motion carried on a 4- Yes,
I-Absent (Kunza) vote.
VARIANCE - TOM SCHlEBOUT - 1425 ANDOVER BOULEVARD NW - CONSTRUCT
ADDITION ENCROACHING INTO SETBACK FROM MAJOR ARTERIAL
Mr. Carlberg asked the Council to review the variance request of Tom Schiebout to construct an
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Regular Andover City Council Meeting
Minutes - November 4, 1997
Page 9
(Variance - 1425 Andover Boulevard - Tom Schiebout, Continued)
addition to the front entrance of the principal structure that encroaches 12.75 feet into the required
40-foot front yard setback from a major arterial at 1425 Andover Boulevard. The applicant also
proposes to add an extension to the attached garage that will encroach 12.5 feet and a third stall
garage that will encroach 10.5 feet into the required rront-foot setback. The policy question is where
the required setback should be measured from, the existing right of way or rrom the proposed future
right of way for the road. The City Attorney's legal opinion is that the City is required to plan for
future thoroughfare based on the county's comprehensive thoroughfare plan. The Planning
Commission is recommending approval.
Councilmember Orttel was under the impression the county wanted to turn Andover Boulevard over
to the City. If that is the case, he didn't feel the road will ever be a thoroughfare. Mayor McKelvey
didn't know the county's plan at this point; however, the City has been told by the county that they
need 100 feet ofright of way for future improvements, that is 50 feet from the center line.
Tom Schiebout 1425 Andover Boulevard NW - slated he purchased the house four years ago. There
were no problems with setbacks or easements at the time of the purchase. He paid $200 for a survey
which shows an existing 60-foot easement, but he has not been able to get a correct answer over
whether 120 or 100 feet of easement will be required in the future. His house is 81 feet from the
center of the road, He asked if he is dedicating easement at this time. Mr. Carlberg explained the
variance is based on the 50-foot easement, but no right of way is being dedicated at this time.
Motion by Knight, Seconded by Dehn, the Resolution approving the variance request. (See
Resolution R268-97) DISCUSSION: Winslow Holasek - asked for clarification on the width of
Andover Boulevard. Is it currently 66 feet, 120 feet or 100 feet? He thought there was another 20
feet taken for the developments along Andover Boulevard. Mayor McKelvey stated the county has
said they can get by with 100 feet. Mr. Carlberg also said that no additional easement was taken
during the lot split which split off the northern portion of the parcel several years ago. Motion carried
on a 4-Yes, I-Absent (Kunza) vote.
SCHEDULE SPECIAL MEETINGIUPA SUBSTATION EXPANSION
Motion by Orttel, Seconded by Dehn, to schedule a meeting for 6 p.m. on November 13, 1997.
Motion carried on a 4- Yes, I-Absent (Kunza) vote.
APPROVE ORDINANCE NO. 237/BURNING
Councilmember Knight asked about the ability to bum brush piles on agricultural land. Fire Chief
Dan Winkel stated there is that ability now. An application needs to be made a week in advance for
a burning permit, and the pile wíll need to be inspected prior to burning.
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Regular Andover City Council Meeting
Minutes - November 4, 1997
Page 10
(Approve Ordinance No. 237/Burning, Continued)
Mayor McKelvey stated several orgarùzational groups have asked for the ability to have recreational
fires starting at noon on Saturdays and Sundays and on holidays. Right now the ordinance says they
cannot have a fire before 5 p.m. Chief Winkel stated that change could be made and the issue
monitored closely. If it results in more calls, then he will have to bring it back to the Council. The
Council generally agreed to a change in time for recreational fires beginning at noon on Saturdays and
Sundays, and on the major summer holidays of Memorial Day, Fourth of July, and Labor Day.
Motion by Knight, Seconded by Dehn, the passage ofItem 14 with those changes. Motion carried
on a 4- Yes, I-Absent (Kunza) vote.
MA YOR/COUNCIL INPUT
Bunker Lake Boulemrd/HcUlson Boulevard Intersection - Mayor McKelvey reported the County has
said they have the fhnding to upgrade the intersection and Bunker Lake Boulevard east to the railroad
tracks starting the spring of 1998 with turn lanes and medians.
APPROVAL OF CLAIMS
Motion by Knight, Seconded by Dehn, to approve the claims. Motion carried on a 4- Yes, I-Absent
(Kunza) vote.
Motion by Dehn, Seconded by Knight, to adjourn. Motion carried.
The meeting adjourned at II: 12 p.m.
Respectfully submitted,
Marcella A. Peach
Recording Secretary
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CITY of ANDOVER
Special City Council Meeting - Tuesday, October 21,1997
Conference Room A
Call to Order - 6:00 PM
1. Zoning Ordinance Task Force Interviews as follows:
6:00 - Richard Erickson
6: I 0 - Bruce Bennett
6:15 - Guido Westenberg
6:20 - Joel Ohnesorge
6:25 - Don Olson
6:30 - Valerie Holthus
6:40 - James Driessen
6:50 - Jeff Bergeron
Adjournment
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 .
SPECIAL CITY COUNCIL MEETING - OCTOBER 21, 1997
MINUTES
A Special Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on
October 21, 1997,6:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota, to interview applications for the Zoning Ordinance Task Force.
Councilmembers present: Bonnie Dehn, Mike Knight, Ken Orttel
Councilmember absent: John Kunza
Also present: City Planner, Jeff Johnson
Community Development Director, Dave Carlberg .
The following applicants for the Zotúng Ordinance Task Force were interviewed by the City Council:
Richard Erickson -- would like to provide input as a resident to what is happening in the City and has
some experience in real estate -- is a real estate appraiser and has done appraisals for the City of
Andover -- would be able to provide technical advice because of his experiences in Andover as well
as many other cities -- noted some blending of residential areas with open spaces and agricultural land
is very nice -- has not been inclined to develop his property but recognizes economics will determine
what happens to it in the future.
Bruce Bennet! -- has lived in Andover for two years -- became interested in City government and the
zoning ordinances because of an issue in the neighborhood with an old vehicle on some property --
does not have any agenda for being on the Task Force -- would like to see land set aside for open
spaces and agriculture and not have the City totally built up.
Guido Westenberg -- moved to Andover two years ago and plans on staying here -- is interested in
what is going on in the City -- would like to be involved in the decisions that are being made that will
affect the City for the next five to ten years -- is a software engineer and designer and has experience -
in document review and briefings -- would like input into formulating the ordinances because he
realizes they can be abused with differing interpretations -- would favor protecting pockets of
agricultural land in the City to provide more open spaces.
Joel Ohnesorge -- has been involved in building and real estate since he was 18 years old -- thinks
there is room for small farms if they can make a living -. is not in favor offast growth out feels it
needs to be controlled.
Don Olson -- brings to the Task Force his experience in dealing with the zoning issues as a,carpenter
contractor, a rehab specialist for building additions for low-income families, an executive director for
energy efficient housing and building official and zoning administrator for various cities -- has dealt
with many communities in zoning plus working at the City of Andover with zoning every day -- feels
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Speäal Andover City Council Meeting
Minutes - October 21, 1997
Page 2
.
the wording in the ordinance is critical for any change, as one word can change an entire sentence --
feels a common sense approach needs to be taken and to make the ordinance more user friendly --
has no problem with protecting pockets of agricultural land in the City if that is what the community
wants.
Valerie Holthus -- has lived in Andover for four years -- works in commercial and residential real
estate -- wants to get involved in Andover as is progresses in its growth -- has worked for a developer
of office buildings; and as property manager, became familiar with the zoning ordinances of various
cities --is very familiar with commercial development and residential real estate from a sales person's
perspective -- is very organized and articulate -- favored protecting pockets of agricultural land in the
City for a diversity ofland uses -- did not want to see Andover turn into an Eagan where every piece
ofland is developed .- does not have a particular agenda in mind -- just wants to be more involved
in the City.
James Driessen -- has been a resident of Andover for five years -- would like to get more involved
in the City -- is a construction manager and that background might be applicable to the Zoning Task
Force -- has no initial objectives to protecting agricultural property in the City.
The Council then discussed the appointment of three members to the Zoning Ordinance Task Force
plus alternates. After discussion, the Council agreed to the following:
Appoint Richard Erickson, Don Olson and James Driessen to the Committee.
Appoint Valerie Holthus, Guido Westenberg, Bruce Bennett and Joel Ohnesorge as alternates
in that order.
The meeting was adjourned at 6:56 p.m.
Respectfully submitted,
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Marcella A. Peach
Recording Secretary
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