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HomeMy WebLinkAboutCC August 17, 1989 :CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 .. 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