HomeMy WebLinkAboutCC July 20, 1999
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting -Tuesday, July 20, 1999 agenda
Call to Order
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Presentation to Girl Scout Troop #2346
Discussion Items
1. Anoka County Sheriff Report sheriff
2. Approve Location Street LightlUniversity Ave. & 157th Ave. NW light
Staff, Committees, Commissions
3. Consider Snowmobile Task Force Meeting snowmobi
Non-Discussion/Consent Items
4. Kennel License Approval kennel
5. Authorize Purchase of Generator generator
6. Approve Amendment to Development Policy Guideline guidelines
7. Approve & Accept Trail, Street and Utility Easements and Agreements/Andover Station trail
8. Approve Ordinance No. 266, Rental Housing ord266
9. Approve Ordinance No. 267, Housing Maintenance Code ord267
10. Approve Easement Encroachment Agreement/645 142nd Lane NWlEvans evans
11. Approve Amended Special Use PermitlBeck's Auto becks
12. Approve Plans & Specs/99-21/Sunshine Park Shelter appr9921
I3. Approve Quotes/99-29/Pavement Markings appr9929
14. Approve Quote/99-19135&0 - I 44th Ave. NW/SS & WM appr9919
15. Terminate Pending Assessment/95-5/14122 Prairie Road NW term9SS
16. Approve Transfer of Funds/Budget Revision transfer
17. Approve Change Order #3/97-2/ Andover Commercial Park (Phase II) Site Grading co3972
18. Approve Quotes/97-8/Chesterton Commons/Stonn Sewer Extension appr978
Mayor/Council Input
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 20,1999
TABLE OF CONTENTS
AGENDA APPRO V AL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
CONSENT AGENDA
Kennel license approval (Blue Collar St. Bernards) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
Authorize purchase of generator (Environmental Equipment Services) ............. I
Approve amendment to Development Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
Approve and accept trail, street & utility easements and agreements/ Andover Station.. I
Approve Ordinance No. 267, Housing Maintenance Code ....................... I
Approve easement encroachment agreementl645 142nd LanelEvans ... . . . . .. . . . . .. I
Resolution R156-99 approving Amended Special Use PermitlBeck's Auto. . . . . . . . .. I
Resolution R157-99 approving plans & specsIIP99-21/Sunshine Park shelter. . . . . . .. 1
Approve quoteslIP99-29lPavement markings (Precision Pavement Marking) ........ I
Approve quotelIP99- I 9/3580 I 44th Ave/Sanitary sewer and watennain ............ I
Resolution RI 58-99 terminating pending assessmentsIIP95-5/1 4 I 22 Prairie Road .... 2
Resolution R159-99 approving transfer offundslBudget revision. . . . . . . . . . . . . . . . .. 2
Resolution R160-99 approving change order #3IIP97-2/Andover Commercial Park
(Phase II) site grading ................................................ 2
Approve quotesIIP97-8/Chesterton Commons/Storm sewer extension. . . . . . . . . . . . .. 2
APPROVAL OF MINUTES .................................................. 2
ANOKA COUNTY SHERIFF REPORT ........................................ 2
APPROVE LOCATION STREET LIGHTIUNIVERSITY AND I 57TH AVENUE . . . . . .. 2
Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
CONSIDER SNOWMOBILE TASK FORCE MEETING ........................... 3
ORDINANCE NO. 266, RENTAL HOUSING
Motion to approve ...................................................... 4
DISCUSSION ON TOWNHOMES ............................................ 4
PARK ORDINANCEIDOGS ................................................. 5
Motion to refer to appropriate Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
PIPELINE VIOLATIONS .................................................... 6
APPROVAL OF CLAIMS ................................................... 6
ADJOURNMENT .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
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CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 20,1999
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack
McKelvey, July 20,1999,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
City Administrator, Richard Fursman
Others
AGENDA APPROVAL
Add Item 3a, Discussion on Townhomes; Item 3b, Park OrdinancelDogs; and 3c, Pipeline
Violations. Remove from Consent Agenda for discussion Item 8, Approve Ordinance No. 266,
Rental Housing. Delete from Agenda "Presentation to Girl Scout Troop #2346".
Motion by Jacobson, Seconded by Knight, the Agenda as amended. Motion carried unanimously.
CONSENT AGENDA
Item 4 Kennel License Approval (Blue Collar St. Bernards)
Item 5 Authorize Purchase of Generator (from Environmental Equipment Services
for $24,974.25)
Item 6 Approve Amendment to Development Policy Guideline (relating to sketch
plans)
Item 7 Approve and Accept Trail, Street and Utility Easements and Agreements/
Andover Station
Item 9 Approve Ordinance No. 267, Housing Maintenance Code
Item 10 Approve Easement Encroachment Agreement/645 142nd Lane NWlEvans
Item I I Approve Amended Special Use PerrnitlBeck's Auto (Resolution RI56-99)
Item 12 Approve Plans and SpecslIP99-2I1Sunshine Park Shelter (Resolution R157-
99)
Item I3 Approve QuotesIIP99-29/Pavement Markings (Precision Pavement Marking
for $6,439.92)
Item 14 Approve Quote/IP99-19/3580 144th Avenue NW/Sanitary Sewer and
Watennain (Volk Sewer and Water, Inc., $10,301.50)
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Regular Andover City Council Meeting
Minutes - July 20, 1999
Page 2
(Consent Agenda, Continued)
Item 15 Tenninate Pending AssessmentsIIP95-5/1 4 I 22 Prairie Road NW (Resolution
R158-99)
Item 16 Approve Transfer of Funds/Budget Revision (Resolution R159-99)
Item 17 Approve Change Order #3IIP97-2/Andover Commercial Park (Phase II) Site
Grading (Resolution R160-99)
Item I 8 Approve QuotesIIP97-8/Chesterton Commons/Stonn Sewer Extension (Volk
Sewer and Water, Inc., $6,375)
Motion by Knight, Seconded by Jacobson, approval. Motion carried unanimously.
APPROVAL OF MINUTES
July 6, 1999, Regular Meeting: Correct as written.
Motion by Orttel, Seconded by Jacobson, approval as written. Motion carried unanimously.
ANOKA COUNTY SHERIFF REPORT
Captain Bruce Andersohn reported the Department responded to 1,023 calls in the last month,
bringing the year-to-day total to 4,883 responses. He is not hearing many citizen complaints on the
rerouting of Bunker Lake Boulevard, though they have been making a great effort on Crooked Lake
and on South Coon Creek Drive, especially with the speed trailer. The speed trailer is scheduled for
other areas in the community as well. Captain Andersohn also reported he talked with officials about
the COPS grant a week ago. That grant is a request for two additional officers. The funding has not
yet been approved, but it is anticipated the funds will be approved within the next few weeks. The
Mayor and Council thanked the Sheriffs Department for their efforts during the Fun Fest weekend.
They were very visible and did an excellent job.
APPROVE LOCATION STREET LlGHTIUNlVERSITY A VENUE AND 157TH A VENUE
Councilmember Jacobson stated he will not participate in the discussion or voting of this item
because of a conflict of interest, as he sits on the Connexus Energy Board.
Mr. Erickson stated typically there are street lights at intersections with county roads, though this is
at the intersection of two MSA streets. The City of Ham Lake has indicated it would not participate
in half the cost of installing the light unless Andover was willing to put a four-way stop sign at the
intersection. He thought a study was done several years ago, but it did not meet warrants for stop
signs at that time. He would have to look in the file to detennine when that study was done.
Connexus Energy has quoted a cost of $ I ,400 for the installation of the light.
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Regular Andover City Council Meeting
Minutes - July 20, 1999
Page 3
(Approve Location Street Light/University Avenue & 157th Avenue, Continued)
Councilmember Jacobson stated the reason for the additional charge is that an additional transformer
is needed at the intersection just to service the light because there isn't one there now. That charge
would be given to the City. Mayor McKelvey noted there have been several accidents on that corner,
and he felt lighting the intersection and stop signs may improve the safety. On several occasions he
has seen people drive right through the stop signs that are on University Avenue.
Councilmember Orttel noted street lights can radiate to the surrounding property owners. Also, it
can be a noise issue to expect everyone to stop at that intersection. I 57th was meant to be a through
road. He understood that because it is a nice country road, people don't expect a stop sign. He
wondered if there was some way of better identifYing the stop signs on University so they would be
more obvious. Possibly stop signs should be put on both sides of the street. Mr. Erickson stated they
could look at the signing.
Councilmember Orttel stated he would also like to see a review of what is going on at that
intersection for accidents. Those are probably not involving the local residents but people driving
through. Therefore, it wouldn't necessarily require making it a four-way stop. Another issue may
be that of maintenance if Ham Lake does not participate in the cost plus just establishing a policy
of working with a neighboring City. Councilmember Johnson wondered at what time of day the
accidents occur.
Motion by Orttel, Seconded by Johnson, to table the item until I) we can find out when the study
for warrants was done on the intersection and possibly have another one done; 2) recommendations
on what could be done to make the north-south stop signs more obvious; and 3) talk to Ham Lake
about it again, as it is a policy issue that should be worked out. Then see if a light is still needed.
Motion carried on a 4- Yes, I -Abstain (Jacobson) vote.
Councilmember Knight wondered if Andover is more aggressive about meeting wammts than other
cities. He gets the feeling other cities do not necessarily follow that criteria for installing stop signs.
Mr. Erickson explained studies have shown that more accidents are created by installing stop signs
where they are not wammted because people disregard them or roll through them. The theory is if
the intersection meets warrants, it would be an appropriate location for stop signs because they
would reduce accidents. Studies do back that up. Councilmember Orttel noted that is not
necessarily so when adding traffic signals on county roads. No action was taken.
CONSIDER SNOWMOBILE TASK FORCE MEETING
The Council noted the original members remain on the Snowmobile Task Force. They felt it is a
good idea for the Task Force to meet and suggested Staff contact those members to detennine if they
are willing to continue serving and to set up a meeting. It was also suggested that if the
representatives of the Sno-Dragons Snowmobile Club no longer wish to serve, that the Sno-Dragons
be contacted and asked to recommend a replacement member.
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Regular Andover City Council Meeting
Minutes - July 20, 1999
Page 4
(Consider Snowmobile Task Force Meeting, Continued)
The Council suggested that if the Task Force recommends a change in rules or abolishing the activity
in portions of the City, it should be done before the fall so people can be infonned of the changes.
Another issue is studded tracks, which is not allowed in the City. Above all, the City's investment
in the trail system must be protected. Mr. Erickson stated the City can also be more pro-active in
protecting the trails such as putting up orange drums with orange snow fencing, etc.
Staff was directed to set up the meeting for the Task Force and bring the item back to the Council
for reappointment of the members or for appointment of new ones. It was also suggested the date
of the meeting be published.
APPROVE ORDINANCE NO. 266, RENTAL HOUSING
Councilmember Jacobson pointed out the definition of a rental dwelling in the ordinance applies to
any dwelling unit with two or more living units for hire. The definition is not for single family homes
that may be rented out. As a result, the City is missing a large portion of the rental units. He
wondered if that definition should be changed to include the single family homes. The reason for
the ordinance is to protect the people who move in regarding fire and safety of the structure.
Council member Orttel argued the rental of single family homes by the owners who leave the City
for a few months do not cause the problems that are covered under this ordinance. Someone who
moves out temporarily and rents the home should not have to get a license to do so. He didn't think
the government should be interfering with the lives of single family owners who may wish to rent
out their home. The ordinance is to protect the neighborhood, and there are other laws that regulate
single family areas. He didn't think the City should be intruding on the average person in the City.
Mayor McKelvey also felt the ordinance should not apply to single family units. It was written for
the twin home, duplexes and apartment houses when there was a problem with the owners not
allowing inspections of the property. He didn't think it is necessary to go into the single family
homes. Councilmember Johnson wondered how many single family homes in Andover are being
rented and has there been a problem. If there have been problems, it is a concern.
Motion by Jacobson, Seconded by Orttel, Item 8 as presented. Motion carried on a 4- Yes, I -No
(Jacobson) vote.
DISCUSSION ON TOWNHOMES
CounciImember Jacobson stated the issue that was brought up at the EDA meeting with Ryan
Companies that must be addressed is whether or not the City is going to allow townhomes. It was
noted at that meeting that once the City allows them in one location, it must allow them everywhere.
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Regular Andover City Council Meeting
Minutes - July 20, 1999
Page 5
(Discussion on Townhomes, Continued)
Attorney Hawkins didn't think so. That is the function of the Comprehensive Plan. They can't be
excluded, but townhome areas would be designated in specific locations. The problem is they are
now allowed by special use. That has different standards as opposed to a rezoning, plus it doesn't
comply with the Comprehensive Plan. The Council has much more authority to deny a rezoning than
a Special Use Permit. He recommended eliminating townhomes by special use and making them
permitted uses in special zones.
Councilmember Orttel recalled the court case the City lost regarding the location of mobile homes
in the City. He felt they would be hard pressed to deny townhomes anywhere once allowed. Maple
Grove was forced to rezone areas other than what was in their Plan because they did what Ryan is
recommending to the City. Is the City going to do what the residents are saying, that is not allow
multiples; or will it succumb to pressure from outside developers and relators and allow them?
Councilmember Jacobson felt a mix of housing is needed, but the question is how to hold higher
density housing to a reasonable amount.
Councilmember Knight asked if a change in the ordinance at this time would apply to those plans
that are before the City. Attorney Hawkins stated as long as the developer hasn't acquired a vested
right, the Council can change the ordinance and the developers must comply. At this point he didn't
believe those developers have a vested right and could be held to an ordinance change made now.
In further discussion, the Council agreed the Zoning Ordinance should be amended to remove
townhomes as a special use in the single family residential areas. They asked that the item be placed
on the next agenda. It was also agreed a planning session is needed to formulate a policy on multiple
housing and that the item will be discussed at the August 12 special meeting.
PARK ORDINANCE/DOGS
Councilmember Jacobson noted a young lady was asked to leave the park because she was walking
with her dog. He stated people like to take their dogs for walks on the trails, and he wondered if the
provision in the Park Ordinance on dogs on the trails going through parks should be reconsidered.
It seems reasonable that that should be allowed, and he suggested sending that ordinance provision
back to either the Park and Recreation Commission or the Planning Commission to consider
modifying it to allow people to walk their dogs on the trails.
Mayor McKelvey felt the enforcement of this provision is rather selective, as he has seen families
of team players watching games with dogs and he has seen other people asked to leave with dogs.
Councilmember Johnson didn't have a problem with people walking their dogs on the trails, but she
was concerned with allowing them by the ball fields because of a potential safety issue.
Motion by Jacobson, Seconded by Orttel, to send this back to either the Park Board or Planning
Commission for recommendations. Motion carried unanimously.
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Regular Andover City Council Meeting
Minutes - July 20. 1999
Page 6
PIPELINE VIOLATIONS
Councilmember Orttel stated a resident called about documents he has gathered regarding violations
of the pipeline company when installing the lines along the railroad tracks. Apparently they found
buried trees and stumps along the right-of-way which is contrary to the City's ordinance, and the
thought is this may have been done all the way along the pipeline. This resident has a chronological
list. Councilmember Orttel thought the reason for bringing this up has to do with the fact there is
common ownership with the company putting in the proposed new pipeline across the City. He'll
suggest this resident address the Council at the next Resident Forum or place it on the next Agenda.
Mayor McKelvey suggested a copy of the documents be left with Staff so the Council can read them
ahead of time.
APPROVAL OF CLAIMS
Motion by Jacobson, Seconded by Knight, approval of Claims. Motion carried unanimously.
Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
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Marc lla A. Peach
Recording Secretary
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