HomeMy WebLinkAboutCC August 17, 1989
:CA CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100
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CONTINUED CITY COUNCIL MEETING - AUGUST 17. 1989
MINUTES
The Continued MeetIng of the Andover CIty CouncIl was called to order
by Mayor JIm Elling on August 17, 1989; 7:30 p.m.. at the Andover City
Hall. 1685 Crosstown Boulevard NW. Andover, Minnesota.
Councllmembers present: Jacobson, Knight, Perry
Councllmember absent: Orttel
Also present: Assistant City Engineer. Todd Haas; CIty
Planner, Jay Blake; Bul]dlng Official, Dave
Almgren: City AdminIstrator/Engineer, James
Schrantz; and others
The Agenda consisted of the unfinIshed Items on the August 15, 1989.
Regular City Council Meeting Agenda.
GORHAM SEWER/WATER REQUEST
Mr. Blake explained Mr. Gorham requested additional development In
Winslow Hil Is which requires the expansIon of the MUSA area. Because
he was concerned with having to submit a series of amendments to the
Comprehensive Plan every six months for 40-acre parcels, Mr. Blake
suggested Mr. Gorham request service for the entire development. Me.
Blake also noted that he has received a letter from Tony Emmerich
requesting their development west of the ral]road tracks also be
Included In the MUSA area.
Mr. Blake explained that the Comprehensive Plan must be amended
whenever a developer wants to develop outside the MUSA area. Because
It Is a timely process, he felt that It would be best to amend larger
areas at a time. Councllmember Jacobson thought the process was Just
completed In this area and possibly It would be wise to walt untl the
entire Comprehensive Plan Is updated to know Just where development
wll] be occurring. He questioned the past plannIng of the City If
numerous amendments to the plat must be made to accommodate
development. Councllmember Perry also felt thIs should go through
the Planning Commission. though not necessarIly walt for the entire
update of the ComprehensIve Plan. Also, there are other lots avallab]e
In the City. With building permits down, she questioned the wisdom of
expanding the MUSA now, not wanting to have premature extension of the
utilities.
Mayor Elling noted the last update of the Plan for this area was about
1 1/2 years ago to last until 1990, so the requests are within the
tImetable. He also didn't feel the City should dictate to the
developers where they should go.
Continued City Councl] Meeting
August 17, 1989 - Minutes
Page 2
<Gorham Sewer/Water Request, Continued)
Mr. Blake explained Mr. Gorham is concerned about having lots for the
fall. 1990. which Is when hIs currently available lots wI I] be filled.
This request fa I Is withIn that timetable. and It Is also In line with
the stagIng process established by the City. The utIlities are already
to the property: It Is a matter of expanding the MUSA area.
Councllmember Jacobson suggested sending the request to the Planning
CommissIon so they can consider ali requests together and come back
wIth a recommendation.
MOTION by Perry. Seconded by Jacobson. that the City Council receive
the petitIon from Gorham BuIlders and refer It to the Planning
Commission for addItional study: request Number 2 for the entire
development of Winslow Hills. Motion carried unanimously.
1990-1992 CDBG DISCUSSION
Mr. Blake explained the City can either continue in the CDBG program
through the county or work directlY with the State of Minnesota and
HUD. He recommended the City continue working with Anoka County for
the next three years, feeling It would be the most advantageous for
the City.
MOTION by Knight, Seconded by Jacobson. so to move. Motion carried
unanimously.
REQUEST LAND USE STUDY/wATT'S GARDEN ACRES
Mr. Schrantz explained that the City Is receiving sketch plans for
development in the area of Watt's Garden Acres. But because the
properties are In 10- or 20-acre parcels, and because there has been
some mining on some parcels, there are some problems with the grading.
etc. The Staff is recommendIng a land use study on grading and
draInage be done for the entire area.
Mayor Elling asked If the Staff can do that study. Mr. Schrantz
thought so. Mr. Haas felt some Information will be needed from TKDA
as well. but Mr. Rodeberg Is part of the ARC Committee.
Marilvn Mardus. Lindwood Estates - stated when she brought in her
sketch plan, there was some discussion because of Hanson Boulevard,
the easement and the property next to her. There is no buffer between
the residential and commercial areas. There isn't a definite plan of
what to do. Mr. Blake and Mr. Haas suggested a cohesIve plan be done
according to the topography for the entire area north of 133rd between
Hanson Bou]evard and Good Value. She also noted there Is a buyer
Interested In both Kirby Estates and her property. which she felt the
City should consider so this Item Is not delayed.
ContInued City Council Meeting
August 17. 1989 - Minutes
Page 3
<Request Land Use Study/Watt's Garden Acres. Continued)
Mr. Boeke - stated behind him Good Value is diggIng down about 20
feet. his concern being that there wi J I be a 20-foot drop between his
property and Good Value's which will be a big h 11 I to work wIth when
he wants to develop his property. Mr. Haas stated he hasn't been on
site recently, but felt they may Just be cleaning out some peat, etc.
He didn't recall a drastIc grading change In theIr plans, stating he
will check on that further.
Councllmember Jacobson felt this Is something the Planning Commission
shou I d look at. Mr. Schrantz stated the Staff will sketch out an
overa I I plan for P & Z review and recommendations.
MOTION by Jacobson, Seconded by Perry. that the CI ty Counci I gIve
these duties requested to the City Staff and the Planning CommIssion
to study and make a recommendatIon. Motion carried unanimously.
Counc I J also agreed that some minor work will be needed from the
consultants, TKDA and BRW.
JOINT POWERS AGREEMENT/HAM LAKE
Mayor EI lIng noted the agreement would not Include Anoka County, only
Andover and Ham Lake. Anoka County Is planning to fIx the curves on
Constance Boulevard next summer, and Ham Lake would like to have
UniversIty Avenue constructed to Constance Boulevard at the same time.
The Counc 11 has already approved a three- and five-year MSA plan.
Mayor Elling went on to say Ham Lake's Mayor cal led hIm asking to
particIpate In thIs proJect. He told her of the Council's actIon and
noted the City does not have the funds to do that road In 1990. Mayor
Schultz offered to have Ham Lake fInance the project and carry It 1 f
Andover wants to pay for It the followIng year. He dIdn't think any
of the resIdents on University Avenue are I n favor.
Councllmember Jacobson recalled movIng that proJect to 1991. asking If
there Is a pressing need to change the plan other than desire. He
didn't see a real pressing need to move It ahead a year. plus the City
does not have the funds. Mayor EI]lng didn't think It made any
dl fference to the County. offerIng to call Mayor Schultz agaIn for
more specific reasons why Ham Lake wants that road done next year.
Mr. Blake reported he received a letter that the proposed development
with the aIrport off University Avenue In Ham Lake has been withdrawn
and wi I J not be fowarded to the Ham Lake Planning Commission.
Counc 11 agreed to table the Item to the September 5 meeting to allow
the Mayor time to talk with the Ham Lake Mayor about theIr reasons for
wanting the road constructed ahead of schedule.
MOTION by Jacobson, Seconded by Perry, to continue this to the next
meeting. Motion carried unanimously.
Continued City Council Meeting
August 17, 1989 - Minutes
Page 4
DEEDING OF OUTLOTS/WOODLAND TERRACE
Mr. Schrantz stated the out lots are part of the storm drainage system
for Woodland Terrace. remembering at the time of the plat that the
Intent was the City would get them In deed and maintain them. However,
he was not able to find that In the Counc II Minutes.
Mayor Elling had a problem taking 100-year holding ponds that are part
of subdivisIons. thinking that has never been done by the City. Mr.
Schrantz stated it was done In the Good Value proJects. The CI ty
doesn't own any In the rural area. His position Is the City Is the
best one to maintain the ponds.
Mayor EIJlng was concerned about the Ilabl I I ty. Other Councllmembers
wondered If this pond could be used for bal Iflelds or soccer since It
Is flat and next to the park. Mayor EJllng stated It Is not buildable
and wIll flood since It Is an overflow.
MOTION by Jacobson. Seconded by Perry. that the Andover Councl]
authorIze the Mayor and-'or Staff to wrIte a letter to Mr. Spau I dl ng
from Woodland Development thanking him for hIs offer of the two ponds
on Out lots A and C and decline their offer to take them over. Motion
carried unanimously.
PETITION/FROM 173RD NORTH ON NAVAJO
Mayor Elling noted the receipt of a petition to blacktop from 173rd
and NavaJo south north to the section of 175th to Lot 5 on Section B
of BRA's feasibility map. The petitioners are asking to be considered
as an extension of the already approved proJect on 173rd for a cost
of approximately $3.900 per parcel as noted at the publIc hearing on
August 15. The petitIon also requested deferring the assessment on
Lot 9 untl] It develops In the future, considering It as agricultural
land now. Mayor Elling noted there are four signatures on the
petition.
Counc II noted the $3,900 Includes asseslng three or four units for Lot
9. They again discussed different scenarios for arriving at a unIt
cost, but It was noted that the hearing for 173rd and NavaJo south has
already been closed and that proJect ordered as one. At this poInt It
was felt It Is no longer possible to combine the two portions Into one
proJect. Councllmember Jacobson questioned who would pay the deferred
payment If al I potential units for Lot 9 are not assessed at this
time. Councllmember Perry felt that perhaps not all the options were
fUlly explored at the Hearing on Tuesday.
Mr. Schrantz noted to treat this as a separate project, another
hearing would need to be held since this Is not a unanimous petition.
That makes It Impossible to do It yet th I s year.
Continued City Council Meeting
August 17, 1989 - Minutes
Page 5
(Petition/From 173rd North on NavaJo, Continued)
Councllmember Perry suggested someone offer to meet with the residents
of the area In an attempt to work out an agreement that would be
acceptable to everyone In the entire basin. Mayor Elling stated he
has offered to do that.
Councl]member Perry felt the people should be advised that If It not
assessed this year, that they wll I be paying interest on It for one
year. It may be to everyone's advantage to walt until spring to do
173rd. This would give everyone time to look at the costs of
blacktopping the other sections and give the people an opportunity to
perhaps come up with a plan that works out for the entire basin and
for Lot 9 so It does not have to be divided prematurely. She wanted
to try again to work out an acceptable agreement, not wan tI ng the
neighborhood to be torn apart by a paving proJect.
Councllmember Knight had difficulty with the concept that someone
other than those who live on the road can petition. as nobody on 173rd
asked to have It paved. Councllmember Jacobson questioned whether
there was an adequate petition for 173rd, MOVING that the legal
counsel make a determination as to what the State Statutes pertaining
to benefitting or abutting property owners In the 429 proceeding and
whether or not those living In Oak Grow Addition submitted a legal
petition with the required amount of frontage to determine If the
Councl]'s action on Tuesday was lega]. There was no Second.
Me. Schrantz stated he measured the front footage and found the
petition to represent 35.4 percent of the benefitted proJect frontage,
which Is a ]egal petition.
Councllmember Knight asked for a definition of the unit assigned to
his Lot 9 per Tuesday's motion. Mayor Elling felt It represented 300
feet, which Is the minimum width of a rural lot. Mr. Schrantz also
felt the definition of a unit would be the first 300 feet; but If the
property Is subdivided further. It would receive an assessment for
each additional parcel created, as no one gets a lot for free.
Councllmember Knight asked what would happen If Mr. Padula adds more
lots. Mr. Schrantz stated each additional lot that fronts 173rd would
receive another unit assessment. Councllmember Knight asked If the
assessment on his parcel covers the footage along 173rd that Is paved.
Mr. Schrantz stated only until It Is subdivided. It would have to be
a buildable lot. Councllmember Jacobson felt It covers the area
covered In this proJect ( 1 73rd) .
MOTION by Perry, Seconded by Jacobson, that we receive the petition
from the residents on NavaJo. DI SCUSS I ON: Mr. Schrantz noted with
the wording of the petition, It does not meet the 35 percent
requirement because the petition Includes 173rd. From the corner of
173rd and NavaJo south to the north. the petition would be 35 percent.
Continued City Council Meeting
August 17, 1989 - Minutes
Page 6
(Petition/From 173rd North on NavaJo. Continued)
Councllmember Jacobson felt the assessments would be too high If this
portion were considered a proJect by Itself. Councllmember Perry
suggested a specla] meeting be called to discuss the assessment
policy. Staff was asked to provide copies of the City's assessment
policy to those Councllmembers who do not have It.
VOTE ON MOTION: YES-Elling. Jacobson. Perry; NO-Knight; ABSENT-Orttel
Motion carried.
Bob Protlvlnskv - stated the residents are not trying to drive Mike
(Knight) out; but at the same time they, as residents, feel they
deserve some consideration.
Richard Wandersee - felt If the proJect had been considered as one
from the beginning and all residents were Involved. Councilmember
Knight would not be a loser at that point. He felt it was
shortsighted of the Council not to have It done as one proJect.
Councllmember Perry again felt that the Council should be looking at
what Is good for the City, that the Council has a responsibility to
resolve this In some fashion. It Is not responsible to blacktop only
a smal I portion at a time. Councilmember Knight stated the
assessments were Just delayed In the southern portion of the City In
Watt's Garden Acres, feeling that should be carried through In this
case. He didn't understand the logic of the deferment In one area
but not In another.
Mrs. Wandersee - personally wanted the road blacktopped for medica]
reasons. Because of her husband's health. it Is necessary to call for
ambulance service: and she doesn't want an ambulance to get stuck In
the sand.
Mayor EJllng stated he would talk to the City Attorney regarding the
courses of action available to the Councl] at this time.
REPLAY OF COUNCIL MEETINGS
Mayor Elling noted Staff Is requesting approval to replay Council
meetings on Cable TV.
MOTION by Knight. Seconded by Jacobson, to so move. Motion carried
unanimously.
15-YEAR ANNIVERSARY
Counc I ] generally did not wish to have any formal celebration on the
City's 15-year anniversary.
Continued City Council Meeting
August 17, 1989 - Minutes
Page 7
PERSONNEL POLICY UPDATE
Mayor Elling suggested the matter of the vacation policy be sent to
the Personnel Committee.
MOTION by Jacobson, Seconded by Knight, to so move. Motion carrIed
unanimously.
STROOTMAN PARK DEDICATION
Council acknowledged the dedication ceremony but felt that City funds
could not be spent for refreshments afterwards.
APPROVE RESOLUTION/REDESIGNATION CSAH 18
MOTION by Jacobson, Seconded by Perry, a Resolution as presented
with the following change: under the NOW. THEREFORE, BE IT RESOLVED.
the Andover City Council agrees with the revoking and redeslgnatlon of
CSAH 18 from TH 242 to Bunker Lake Boulevard and movIng that
designation to the newly constructed Crosstown Boulevard and Verdin
Street and to Coon Creek DrIve north of Bunker Lake Boulevard. (See
ResolutIon R146-89) Motion carried unanImously.
REQUEST SPEED STUDY/HAWK RIDGE
Mayor EllIng asked for a motion to request a speed-'trafflc study for
the Hawk Ridge. Verln Acres, and Count~yvlew Estates areas.
MOTION by Jacobson. Seconded by KnIght, to so move. Motion carried
unanimously.
AWARD SEALCOAT BID
Mr. Haas noted the letter from the low bidder, ASTECH, to complete the
fal]ed bituminous work from last year's sealcoatlng proJect.
MOTION by Jacobson, Seconded by Knight, that the City Council award
sea]coatlng for 1989 to the bidder ASTECH In the amount of $76,949.57,
contingent upon that contractor making good and reparing proJects from
last year that were not up to speclflclatlons and should be corrected
under warranty work. Should that warranty work not be completed, then
this contract for 1989 would not be awarded to this contractor.
Should this warranty and corrective work not be done by September 1,
the bid wou]d then be Jet to the second lowest bidder of Allied
Blacktop In the amount of $79,061.46. Motion carrIed unanimously.
Continued City Council Meeting
August 17. 1989 - Minutes
Page 8
CHANGE ORDERS 89-1 AND 89-2/WARD LAKE DRIVE AND TULIP STREET
Mr. Schrantz explained the overrun on Ward Lake Drive was because some
pondlng was moved over In the process of acquiring easement. That
change required the removal of 240 trees for a costs of about $22.000.
Council was very concerned that this should have been anticipated by
the consulting engineering firm, that the amount of the change for
Ward Lake Drive is excessive. Councllmember Jacobson recommended
authorizing the change order so the contractors can get paid. but he
felt the engineering firm should Justify the overrun or reimburse the
City for that mistake.
MOTION by Knight. Seconded by Perry. to move approval of the two
Change Orders; and at the same time, request the engineering firm to
give the Council an explanation of the overruns In writing as to why
they missed a] I this material. Motion carried on a 3-Yes. I-No
<Elling) , I-Absent COrttel) vote. Mayor EI ling felt the City Is being
used. feeling low bids often deliberately don't Include some Items
that are later brought In as change orders.
ACCEPT ROLL,'ORDER HEARINGS/88-14 AND 88-18
Mr. Schrantz asked whether the Council wants to assess the park In
Dehn's Addition. It Is lowland and does not benefit from the proJect.
The Council acknowledged that parks are not assessed In new
developments; but In existing developments, the policy has been the
CI ty wi I I pay Its share. Counc II agreed the park In Dehn's Addition
should be assessed one unit.
MOTION by Jacobson. Seconded by Perry, a Resolution for hearing on
proposed assessment for the Improvement of street construction for
ProJect No. 88-14. Uplander Street, as presented. (See Reso]utlon
R147-89) Motion carried unanimously.
MOTION by Jacobson. Seconded by Knight. a Resolution for hearing on
proposed assessment for the Improvement of street construction for
ProJect No. 88-18, Dehn's Addition area, as presented. (See
Resolution R148-89) Motion carried unanimously.
RECEIVE PETITION/STOP SIGNS
MOTION by Jacobson. Seconded by Perry. that we authorize the
Installation of five stop signs: 3 at the corner of 140th Avenue NW
and Undercllft, and two additional signs at the entrance of Undercllft
and 138th Lane. Motion carried unanimously.
Continued City Council Meeting
August 17, 1989 - Minutes
Page 9
AWARD CONTRACT/WATER SERVICE/US WEST UTILITY BUILDING
MOTION by Knight. Seconded by Jacobson, to so move. DISCUSSION:
Mr. Schrantz explained US West will be charged for water lateral,
water trunk source and storage area, and water connection charges at
this time. This service will be a one-inch copper line 250 feet long
along the boulevard. When water Is put Into the subdivision down
139th, the service will be connected to the ]ateral pipe In front of
the property. Then the copper line will be abandoned. At this time,
this Is the most economical way to service the building.
Frank Stone. Public Works Supervisor. preferred putting In the
watermaln at this time rather than the temporary copper tubing.
Motion carried unanimously.
ASSESSMENTS FOR IP88-16
Mr. Schrantz asked if the Council wished to have the proJect assessed
yet this year. Counc I I didn't want to begin the assessment process
yet until more is known about what will happen with NavaJo north and
that entire basin.
MEDIATION/PUBLIC WORKS CONTRACT
Mr. Schrantz stated the Union Mediation Session Is scheduled for
Monday. August 21. asking for authority to offer more specific wages
for each employee. After some discussion, Council felt the specific
wages was an Issue between the City and the Indlvldua]. not a union
Issue. They also wanted to have some degree of flexibility within
that range, thinking that Is determined after the contract Is signed.
No further action was taken.
MOTION by Perry, Seconded by Knight, to adJourn. Motion carried
unanimously.
Meeting adjourned at 10:37 p.m.
Respectfu]ly submitted.
"iì~ ~~
Marc la A. Peach
Record ng Secretary