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HomeMy WebLinkAboutCC July 5, 1988 -;.,." (CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 - REGULAR CITY COUNCIL MEETING - JULY 5, 1988-AGENDA 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Public Hearing/project 88-15, University Avenue North of Constance Boulevard 5. Discussion Items a. Heliker Sketch plan b. Indian Meadows 3rd Addition Preliminary Plat c. Approve the EAW for Old Colony Estates d. Request Speed Study on Crosstown Boulevard e. Approve Proposal/Park Board Comprehensive plan f. Approve Change Order/Hidden Créek East REMOVED - -g-.- - -Approve- F i ua 1- """Pay11re11t",fitr-=-4" -wm:rctrhtg-e" -/rcre"s- h. Lower Rum River Water Management Association plan Approval i. . Speed Control (no wake) Ordinance for the Lower Rum river j. Andover Celebration/Fireworks k. Discussion on Apportionment of Cost/173rd Avenue East to Navajo Street 1. MITS Easement 9:00 P.M. Bond Sale 6. Staff, Committee, Commission a. Part-time Employee (Crack Sealing) b. Order Fire Hydrants c. 7. Non-Discussion Items a. Accept Right-of-Way Easements b. Vacation Frontage Road Crosstown c. Agreement on Red Oaks 5th d. Order Bond Sale/MSA Street Bonds e. Change Orders/87-3b Crosstown Blvd.; 87-27 Woodland Creek f. Award Bid/87-21 Oak Bluff 2nd g. Accept Feasibility Report/88-20 Bent Creek h. Approve Final payment/87-22 Hills of Bunker Lake II; paving i. Receive Feasibility Report and order Public Hearing/88-14 uplander St.; 88-18 Dehn's j . Award Bids/88-9 Tulip St.; 88-10 Univ. Ave. S. k. 8. Approval of Minutes 9. Approval of Claims 10. Adjournment _. 'CA. " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 . - REGULAR CITY COUNCIL MEETING - JULY 5, 1988 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was call ed to order by Mayor Jerry Wlndschitl on July 5. 1988, 7:30 p.m.. at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CouncIlmen present: Ape] . EI I lng, KnIght, Orttel Councilmen absent: None Also present: City Attorney, WIllIam G. Hawkins; TKDA EngIneer, John Rodeberg; City Engineering Technician, Todd Haas; CIty AdmInistrator, James Schrantz; and others RESIDENT FORUM Steve Nelson. 13316 Gladiola Street - expressed his concerns about Crooked Lake, askIng whether Andover has taken any responsIbIlIty or Is wi I ling to do anything to take care of it. He has lost about 200 feet of water and consIdered putting In a pool. But In checkIng wIth the City of Andover, with Coon Rapids. and wi th the DNR, he found conflIctIng information and regulatIons. He has been told that Coon Rapids did not adopt the shoreline management ordinance and does not have the 75-foot setback that Andover has. Mayor Wlndschitl thought the discrepancies between Andover and Coon RapIds no longer exIsted, statIng the setback requirements should be the same in both c I tI es. Also, Coon RapIds and Andover do have a Joint powers agreement to do certain thIngs on the lake as recommended by the Crooked Lake Homeowners AssociatIon. Plus, the Coon Creek Watershed has some Jurisdiction over the lake. When two cI ties border a lake, the ultimate Jurisdiction Is the county. Counc I I also noted the ShorelIne Management OrdInance was dictated to the city by the DNR, asking the Staff to research the setback requIrements in the Coon Rapids ordInance. There was some dIscussion over what can be done to raise the water level of the lake. notIng it Is a concern on Round Lake as we]l. Because of the dry weather, al I water sources are low, Including Coon Creek. No further actIon was taken. Susan Madlock. HIdden Creek - stated they did not know there was goIng to be a road and commercIal property behInd theIr house at the time they bought the property. Because of the road and draInage easement, she asked about fencing the area to screen the residents . from the commercial area. To fence In front of the draInage easement would mean they could see over a 6-foot fence because It Is only 20 feet from the drainage ditch to their back door. After dIscussing the sItuatIon, M.. Haas was asked to view the area and make a recommendation. ~ - - ---. Regular City Council Meeting Minutes - JulY 5, 1988 Page 2 AGENDA APPROVAL MOTION by Elling, Seconded by Orttel. to approve the Agenda as submitted. Motion carried unanimously. PUBLIC HEARING/PROJECT 88-15. UNIVERSITY AVENUE The PublIc Hearing for ProJect 88-15, University Avenue north of Constance Boulevard was called to order at 7:45 p.m. Mr. Schrantz reviewed a map of the proposed proJect, notIng the City of Ham Lake is in charge of the project. One of the concerns Is the property owned by Lawrence Carlson has been given tor mItigatIon for the golf course. He is concerned about how the road wi]) affect that mitIgatIon. Andover's assessment policy is that there will be no assessment if al I easements are donated. Nei I Erickson. 31 Constance Boulevard - stated his house would be about 40 feet from the road, which he thought was less than normal. Staff determined it would be 40 feet from the right of way I ine, and a 30-foot setback Is the mInimum required in that area. Mr. Erickson - stated the patio is on that side of the house. asking If there will be some screening between his property and the road. Mr. Schrantz showed Mr. Erickson the proposed road plan. stating they would look at screening. Byron Westlund. Woodland Development. representina Mr. Carlson - explained they donated 45 acres of Outlot A to some type of wildlife organIzatIon -- the specific one has not yet been determined. The Army Corps of Engineers has asked them to place a convenant on that property as to no future development. TheIr concern is on whether the road and requested easement would affect that mItIgation. Mayor Wlndschitl thought the easement was requested when that area was platted. Mr. Schrantz didn't think the easement was ever given. The Counc i I asked Mr. Westlund to contact the Corps to explain the situation and to ask them to sign off on the easement. Mr. Erickson - was concerned about the gravel on the road. Mr. Schrantz explained it wi I I be a 32-foot blacktop road with concrete curb and gutter. Mrs. Erickson - stated they have horses and asked if the fence would be replaced if it is taken down. Counc i I stated yes. Mayor Wlndschitl asked for a motion to close the pUblic portion of the hearing. MOTION by Knight, Seconded by Elling, to so move. Motion carried unanimously. Regular City Council Meeting Minutes - July 5, 1988 Page 3 (Public Hearing/ProJect 88-15, University Avenue, Continued) MOTION by Knight, Seconded by EllIng, a Resolution ordering the Improvement of street constructIon, ProJect 88-15 In the UnIversIty Avenue, Constance Boulevard to 166th Avenue area, and directing preparatIon of final plans and specifications, as presented. (See Resolution R150-88) DISCUSSION: There was some concern about approving this before the easement through the mitigated property Is resolved. Mr. Schrantz stated this sImply approves the plans and specIficatIons. and the easements can be discussed agaIn when the Council revIews those plans. Motion carried unanimously. The Public HearIng closed at 7:56 p.m. HELIKER SKETCH PLAN After discussing the proposed sketch plan, the developer and Council agreed the Engineers should try to eliminate the lot access onto 58 by putting In a cuI de sac off the side road. It was thought another lot could be created with that configuration as well since the proposed lots are quite large. Other than that proposed change, Council saw no problem with the sketch plan, recommending the developer proceed to the Planning CommIssion. INDIAN MEADOWS 3RD ADDITION PRELIMINARY PLAT MOTION by Orttel, Seconded by Elling, a Resolution approving the prelIminary plat of IndIan Meadows 3rd Addition as beIng developed by New Generation Homes in Section 19 32 24 as presented. (See ResolutIon R151-88) Motion carried unanimously. APPROVE THE EAW FOR OLD COLONY ESTATES MOTION by Orttel, Seconded by Apel, that we approve the EAW for the plat of Old Colony Estates as presented. Motion carried unanImously. REQUEST SPEED STUDY ON CROSSTOWN BOULEVARD MOTION by Elling, Seconded by Knight, that we request the County to do a traffIc study on Crosstown Boulevard between 157th/Pralrle Road and Andover Boulevard. Motion carrIed unanimously. ~ Regular City Council Meeting MInutes - July 5, 1988 Page 4 APPROVE PROPOSAL/PARK BOARD COMPREHENSIVE PLAN Attorney Hawkins recalled a dispute wIth Midwest Planning when they provided a quote for work on some litigation and submitted a bIll for almost twice the quote. He could fInd nothing that had to do with Mr. Erkkila directly; the previous disput had to do with Dave Lltcht. Councilman EI ling cautioned that the approval is not only for Task 1 and 2, but the Intent is to ultimately complete all 7 tasks at a cost of $3,900. Mayor Windschi t I st i I I felt Task 1 and 2 could be done by City Staff. Other Counc i I discussIon was the recollection that some of the Tasks had been done during the bond issue severa] years ago and others have previous CouncIl motions in opposition. It was then agreed to table this to July 12 to discuss it with the Park Board at a Joint meeting. MOTION by Orttel. Seconded by Elling, to carry Item 5e to the Work Session of July 12 and direct Staff to notIfy the Park Board thIs Is the Joint meeting we had discussed having with them; and that the Issue of the Park Comp Plan wil] be on that Agenda also. Motion carried unanimously. APPROVE CHANGE ORDER/HIDDEN CREEK EAST Mr. Rodeberg asked that the request be tabled to the next meeting. The request Is by the developer to change the grading plan and lower the sanitary sewer pIpe. That cost mal' be to large to do as a change order. MOTION by Elling, Seconded by Apel, that we contInue item 5f to the next meeting. DISCUSSION: Counci] discussion was they are not in favor of it If al I the trees in that area are going to be destroyed. Discussion was on the concern of the Council that the natural terrain of the land is being destroyed when developers level the area before selling the lots. It is an issue the Council expressed an interest in discussing at a future work session, specifically at the August work session, askIng that the Staff obtain a copy of the Ham Lake platting ordinance which deals with the natural terraIn of a plat. It was a I so noted a grade change would be needed for this plat as well. Motion carried unanImously. LOWER RUM RIVER WATER MANAGEMENT ASSOCIATION PLAN APPROVAL Several Councilmen expressed concern with several points in the plan, IncludIng the Inaccurate maps; so It was agreed to tabJe this item. MOTION by Elling, Seconded by Apel, that we would put the Rum River Water Management OrganizatIon on the next work session, July 12. Motion carried unanimously. Regular City Council MeetIng MInutes - July 5, 1988 Page 5 SPEED CONTROL (NO WAKE) ORDINANCE FOR LOWER RUM RIVER Council questioned the need for the ordInance, statIng they were unaware there Is a problem on the rIver. CouncIlman Knight thought there was a problem further down the rIver in Anoka. Mr. Schrantz stated he has receIved only one complaInt when Lyle Bradley came to a Board meeting, but the City of Anoka seemed more receptIve to the Idea. The county said they would do it if the cities agreed. After further dIscussIon, CouncIl requested more documentation to determIne the magnItude of the problem. MOTION by EllIng, Seconded by Ape I , to continue thIs Item 5i untIl a tuture meetIng untIl Staff has tIme to document the problem further. Motion carried unanimously. ANDOVER CELEBRATION/FIREWORKS Mayor WindschItl explaIned the Downtown Merchants are trying to put together an Andover CelebratIon wIth fundIng by the merchants or owners of the Center. They have asked the CIty of Andover to contrIbute $3,000 toward a fIreworks dIsplay. The entIre celebratIon Is beIng held on the varIous sites of the shopping center. Councilman E]]Ing was concerned with havIng fIreworks in that area, thinkIng It is too small and that It would create a large traffIc problem In that area. He would not have a problem if the fIreworks dIsp]ay was done in the open area around the CIty Hall. He also felt $3,000 was more than the City cou]d afford at thIs tIme. CouncIlman KnIght questioned the wIsdom of havIng fIreworks at thIs time because of the dry weather, and was also concerned about the space. Mayor Windschltl felt they would be open to any suggestion other than fireworks to build a city celebratIon. Though the Council dId not have any other Ideas, It was agreed to make a contrIbutIon to the celebration that would be used tor publIc purposes. MOTION by EllIng, Seconded by Apel, that we donate $1,000 to the Andover CIty Celebration to be used for publIc purposes, and that the monel' be taken from the unallocated funds. MotIon carried unanimously. DISCUSSION ON APPORTIONMENT OF COST/173RD AVE EAST TO NAVAJO ST Mr. Schrantz reviewed a proposal In whIch the resIdents in Grow Oak VIew Estates would pay for half of 173rd Avenue. CouncIlman KnIght thought the lots on the south sIde of 173rd were all owned by one property owner. He asked If a petitIon was ever received on this. Mr. Schrantz dIdn't recall gettIng one. Regular City Council Meeting Minutes - July 5, 1988 Page 6 (Apportionment of Cost/173rd East to Navajo, Continued) Frank Stone, Public Works Supervisor. stated there are many complaints weekly on the condition of 173rd. The Counc i 1 did not know how serious all the residents were about payIng for al I or a part of the cost of 173rd. Also. the proposal is not a part of the City's policy, noting only one other instance where a development, Russell-Stack, paId for the entire access road but the property owner agreed not to develop for at least 10 years. It was also noted If the property owners along 173rd pal' for all or part of it, they would also have a vote on the matter. After further discussion, Mr. Schrantz was asked to contact the person In Grow Oak View Estates who has proposed the project statIng the Counc II needs a petitIon from the people to determine if there is an Interest in paYing for 173rd. Then an Informational hearing could be held. MOTION by Oct tel , Seconded by Apel, that we don't have any indication of support from the people; and if they are willing to pal' for the street. we would like to see that in wrIting. Then we would consider an informational meeting. Motion carried unanimously. MITS EASEMENT Attorney Hawkins stated the easement is not dlflnltive, wantIng a specific centerline description. MOTION by Orttel. Seconded by Elling, that the Counc i I grant a permanent 30-foot easement along the eastern boundary of the city park known as Forest Meadows Park and a 25-foot temporary easement to the immediate west of the 30 feet. subJect to the easement being defined. Motion carrIed unanimously. Mayor Wlndschitl explained MITS has agreed to instal I the heavy wa I led pipe, .281" , further Into Andover up to Sophie Kozlowski's. The State regulatIon specifically requires the heavy walled pipe through parks. Councilman Knight felt the heavy walled pipe should be at least as far north as there would be urban development. Councilman EllIng was disturbed because a number of the people called him stating they were not notified. Mayor Wlndschitl saId that can be cleared up by lookIng at the notification list, though it mal' be a problem with the mortgage companIes. MOTION by Elling, Seconded by KnIght, requesting MITS to Install .281" pipe at least to the north lIne of Section 14. MotIon carrIed unanimously. Regular CIty Council Meeting MInutes - July 5, 1988 Page 7 BOND SALE Attorney Hawkins stated only one bid was receIved for the $5,800,000 General OblIgatIon Temporary Improvement Bonds. SerIes 1988A. He opened the bId from FBS CapItal Markets Group for a bId price of $5.724,600, total interest cost of $1,119,400, for a net Interest rate of 6.4333 percent. He felt the bid Is acceptable and recommended acceptance of the bId. MOTION by OrtteJ, Seconded by Elling. a prepared Resolution awarding the sale of $5,800,000 General ObligatIon Temporary Improvement Bonds, SerIes 1988A, fixing theIr form and specIfication and dIrecting executIon and delivery and provIdIng for their payment and note that the bId Is awarded to FBS Capital Markets Group for a bId prIce of $5,724,600 wIth a net interest rate of 6.4333 percent. (See ResolutIon R152-88) Motion carrIed on a 4-Yes, I-Present (Windschitl) vote. PART-TIME EMPLOYEE - CRACK SEALING Frank Stone, Public Works Supervisor, requested the hiring of a part-time employee to work in the crack sealing of the City streets. He changed his recommendation to hiring the person at $4 per hour for 12 weeks at a cost not to exceed $2,000. MOTION by Orttel, Seconded by Elling, to so move. Motion carried unanimouslY. ORDER FIRE HYDRANTS Mr. Stone asked for approval to purchase two fire hydrants on Bunker and Qual' Streets, recommending the low quote of Burton Kraabel. Counc II discussIon was on the possibility of future constructIon on Bunker and Qual' which could be done for less cost If Incorporated with that constructIon. Also that the cost of the hydrant between Big Wheel and the servIce road should be borne by those benefItting, In this case, BIg Wheel. Mr. Stone stated the hydrant on the south side probably should have been put In at the time of construction. The Fire Department Is requesting that hydrant. There is a stub now, but no hydrant. Councilman EllIng also suggested checking this wIth the master plan of Bunker Lake Boulevard so the hydrants will not have to be moved when the road is redone. Because of those questIons, it was agreed to table the matter untIl 1 t can be researched further. MOTION by KnIght. Seconded by Apel. to table this. Mot i on carLi ed unanimously. Regular City Council MeetIng MInutes - JulY 5, 1988 Page 8 NON-DISCUSSION ITEMS MOTION by Knight, Seconded by Orttel, to approve Items 7a through 7J and excluded 7b, 7g, 71, and 7J. (See the followIng: Accept right-of-way easements for ProJect 87-11 per the June 15, 1988. letter from Attorney BIll HawkIns Approve the Agreement on Red Oaks 5th AddItion Approve a Bond Sale for $500,000 General Obligation Bonds tor MSA street Improvements for 1988 as recommended by the CIty Attorney in his June 21, 1988 letter Approve Change Order for 87-27, Woodland Creek R153-88 Award Bid/87-21 Oak Bluff 2nd AddItIon to S. J. Louis ConstructIon. Inc. , In the amount of $276.638.69 R154-88 Approve FInal Payment/Hills of Bunker Lake/IP87-22) Motion carried unanimously. VACATION OF FRONTAGE ROAD/CROSSTOWN MOTION by El lIng, Seconded by Apel, that we rescind the previous motIon for the Northwoods AddItion vacatIon of the service road. Motion carrIed unanImously. MOTION by EI lIng, Seconded by Apel, a ResolutIon vacating a street easement and keepIng a draInage and utIlIty easement along the southeast sIde of Northwood AddItIon as prepared. (See ResolutIon RI55-88) MotIon carried unanImously. ACCEPT FEASIBILITY REPORT/88-20 BENT CREEK Mr. Rodeberg revIewed the feasIbIlIty report of the Bent Creek development. explaInIng It Is a difticult area to serve because of its locatIon. The water servIce Is 600 feet long and is not looped, and the sanitary sewer wIll have an InsIde drop, which isn't preferable. Also, the county has recommended a road not be placed at that locatIon. Plus, the gradIng plan shows there will be filling right up to the flood plain boundary. MOTION by EllIng, Seconded by Knight, a Resolution accepting feasIbIlIty study, waIvIng pUblic hearing, orderIng Improvement and dIrecting preparatIon of plans and specifIcatIons for the Improvement of watermaln, sanItary sewer, storm draIn and streets wIth concrete curb and gutter, ProJect No. 88-20. Bent Creek AddItion (See Resolution RI56-88) MotIon carrIed unanImously. .-- -- Regular City Council Meeting Minutes - July 5. 1988 Page 9 RECEIVE FEASIBILITY REPORT AND ORDER PUBLIC HEARING/88-14 UPLANDER STREET: 88-18 DEHN'S Council noted the problem of the assessment for Uplander Street has never been resolved. Mr. Schrantz stated they researched what took place on this street. The Planning CommIssion Minutes are very clear that the intent was to a]low building only on every other lot. The Town Board Minutes dId not mention the item; but all action by Staff following the approval of the plat indicates that the "every other lot" concept was approved. Attorney Hawkins thought there was a typographical error or something was left out In the Town Board Minutes because they don't make any sense to him. It was his opinion that the "every other lot" concept was acted upon because all of the actions taken by the Staff at that time verify It. Mayor Windschitl stated then the choice would be to either assess the buildable lots for the entire road; or rescind the prior action, make all lots buildable, and assess them all. Council agreed a decision on this shouJd be made before going to a public hearing and to discuss It at the next regular meeting. The Staff was asked to research what had happened in the Cedar Crest AdditIon, which was a similiar situation. MOTION by Elling, Seconded by Apel, to continue thIs Item (Uplander Street ConstructIon) to the next regular meeting (to resolve the assessment issue). MotIon carried unanimously. MOTION by Orttel, Seconded by Apel. that we set a public hearing on the Uplander Street area and Dehn's Addition for August 4, 1988. (See Resolution RI57-88: Uplander Street, IP88-14; and Resolution R158-88: Dehn's AdditIon, IP88-18) Motion carried unanimously. ðWARD BIDS/88-9 TULIP STREET: 88-10 UNIVERSITY AVENUE S Mr. Schrantz asked that either the item be tabled to July 12 or awarded contingent upon receipt of MSA approval. MOTION by Apel. Seconded by Elling, that we hoid this item until next Tuesday nIght. MotIon carried unanimously. Regular City Council Meeting MInutes - July 5, 1988 Page 10 APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, to approve Checks 14820 through 14868 for a total of $1,245,200.88. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, to adJourn. Motion carried unanimously. Meeting adJourned at 9:26 p.m. Respectfully submitted, ~~p~l Recording Secretary