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HomeMy WebLinkAboutCC October 3, 1989 'CA.' , '" CITY of ANDOVER " ,.' . .1..: Regular city Council Meeting-October 3, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Assessment Hearing/Dehn's Addition/88-18 2. Certify Delinquent utilities 3. Kroll Variance 4. Special Use Permit/Gaughan Companies 5. Approve preliminary PlatjWandersee Addition 6. Commercial Park Ponding Improvements Staff, Committee, Commisison 7. Ordinance 62 Discussion 8. Creekridge Estates Grading 9. Warming House Conversion 10. Probationary Increase/Finance Director 11. Appoint P & Z Commissioner 12. Expenditure Authorization/Park Commission Non-Discussion Items 13. plat Correction/Timber Trails 14. Approve plans & Specs/89-22/Wandersee Addn. 15. Approve Plans & Specs/89-l7/Hidden Creek East 2nd 16. Release Escrow/Hidden Creek 2nd Addition 17. Award Bid/173rd Avenue/88-16 18. Approve Final payment/88-1/Crosstown Bridge Approval of Claims Adjournment - .,' .~ , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - OCTOBER 3, 1989 MINUTES The Regular BI-Monthly Meeting of the Andover City CouncIl was called to order by Mayor Jim Elling on October 3, 1989, 7:30 p.m., at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembers present: Jacobson, Knight, Orttel. Perry Councllmembers absent: None Also present: City Attorney, WillIam G. Hawkins: TKDA Engineer, John ROdeberg; Finance Director, Howard Koollck; Planning and Zoning Commission Chairperson, Rebecca Pease; Public Works Supervisor, Frank Stone; City Administrator, James Schrantz; and others RESIDENT FORUM Bob Dehn. 1445 Guarani - reported a safety concern at 145th and Geranium, asking that stop signs be put up at that IntersectIon. He stated the problem Is high-speed cars going through, especiallY In the morning between 7 and 8 o'clock and In the afternoon between 2 and 4:30 p.m., before and after school. Mayor Elling stated he will ask the deputies to do a saturation patrol of that area for about a week to see If that will resolve the problem. Mr. Dehn - asked when there will be sIgns along Seventh Avenue to be able to exit onto It in the mornings and evenings. Mayor Elling explained the county's budget crunch, even cutting back on lights that were scheduled for Round Lake Boulevard this year. He thought Seventh Avenue was In the county's schedule for two to three years from now. AGENDA APPROVAL Because of the high bids received for IP88-16, 173rd Avenue, It was agreed to move Item 17 from "Non-Discussion" to "Discussion" Immediately after Item 6. It was also agreed to take Items 5 and 14 together, both dealIng with the Wandersee AddItion. If there Is time this evenIng, It was agreed to discuss the Assessment Policy, added as Item 19. MOTION by Jacobson, Seconded by Knight, to approve the Agenda as amended. MotIon carried unanimously. APPROVAL OF MINUTES MOTION by Perry, Seconded by KnIght, approval of Regular Council Meeting of September 19, the HRA Meeting of September 19, and the Special Counc I I Meeting of September 20. Motion carried unanimously. ~ - Regular City Council MeetIng October 3. 1989 - MInutes Page 2 ASSESSMENT HEARING/DEHN'S ADDITION/88-18 Mayor Elling called the assessment hearing to order at 7:39 p.m. The cost of the assessment has been changed to $2,690 for each of the 27 lots, noting one lot was declared unbulldable at the September 5 hearing. There being no public testimony, the Mayor asked for a motion to close the public hearing. MOTION by Jacobson, Seconded by Knight, to so move. MotIon carried unanimously. MOTION by Knight, Seconded by Jacobson, a Resolution adopting the assessment .011 for the Improvement of street const.uctlon fa. Improvement Project 88-18, Dehn's Addition, for certification; the figure of $2,690 per unit. (See Resolution R162-89) Motion carrIed unanimously. Hearing closed at 7:41 p.m. CERTIFY DELINQUENT UTILITIES Mr. Koollck reviewed the updated list before the CouncIl of delInquent utili tI es. He explained bills are sent to "Owner/Occupant" rather than to the name so It should be received at the address. One problem was on those lots In. the names of builders and the CIty was never notIfied of the change In ownership. The builders would dIsregard the bills. Counc II felt possibly people interpret "Owner/Occupant" as Junk mall rather than a utility statement and recommended the outside evelope be stamped with "Bill Enclosed", especially to those who have delinquent accounts. Ted Ellison. 3554 142nd - stated his lot was owned by the builder to whom the bills were sent. He presented a check for $17.08 for his portIon of the bill, stating according to the sheet at his closing, the remainder Is the responsIbility of the builder. He stated he wIll contact the builder In an attempt to collect the remalndlng delinquent amount. MOTION by Knight, Seconded by Jacobson, the Resolution certifying to the County Auditor for collection, unpaid sewer and water user charges. <See Resolution R163-89) DISCUSSION: Mr. Koollck noted any bills paid before October 10 will be crossed off the list sent to the County AudItor. Mr. Ellison asked what happens If the builder wIll not pay the bill and how he goes about collecting It. Attorney Hawkins advIsed the unpaid amount would be put as a lien against the property. Mr. Ellison would have a course of action against the builder, suggestIng he file a claim In small claims court. Counc il suggested he may want to pay the difference and collect from the builder to avoid the lIen. Motion carried unanimously. _. Regular City Council Meeting October 3. 1989 - Minutes Page 3 SPECIAL USE PERMIT/GAUGHAN COMPANIES Chairperson Pease reviewed the PlannIng and ZonIng Commission's recommendation to approve the two sIgns for Old Colony Estates. The temporary sign, located at Hanson and Andover Boulevards, would not exceed 2 years or 95 percent capacity of the plat. The permanent sign Is slmlllar In appearance at the entrance on Bluebird, subject to a maintenance agreement and annual review. MOTION by Jacobson, Seconded by Orttel, that we approve a Special Use PermIt for two signs: one, an area Identification monument sign at 14471 NW Bluebird; and the other, a temporary IdentifIcation sign at the northwest corner of Andover Bouleva~d and Hanson Boulevard as per the recommendation of the Planning and Zoning Commission. (See Resolution R164-89) Motion carrIed unanimously. APPROVE PRELIMINARY PLAT/WANDERSEE ADDITION Mayor Elling noted the wording "source of water -- city water" needs to be removed from the preliminary plat. Council also acknowledged the property owners will pay for municipal water when It Is available, not the developer. MOTION by Orttel, Seconded by KnIght, a Resolution approving the preliminary plat of Wandersee Addition as being developed by Robert W. Wandersee In Section 29 32 24, as prepared. (See Resolution R165-89) Motion carried unanimously. APPROVE PLANS AND SPECS/89-22/WANDERSEE ADDITION MOTION by Orttel, Seconded by Knight, a Resolution approving final plans and specifications and ordering advertisement for bids for ProJect No. 89-22, Wandersee AddItion, for sanitary sewer, storm sewer and streets with concrete curb and gutter constructIon, as presented. (See Resolution R166-89) Motion carried unanimously. COMMERCIAL PARK PONDING IMPROVEMENTS Mr. Rodeberg reviewed the proposal to provide pondlng in the Commercial Park at an estimated cost of $50,000. About $20,000 Is left In the construction fund. He felt a good portion of the remalndlng $30,000 can be assessed to Hidden Creek East which will empty Into thIs pond. Mayor Elling felt more specific Information Is needed for funding the remaining $30,000 and suggested the Item be continued to a future meeting. Regular City CouncIl Meet} ng October 3, 1989 - Minutes Page 4 (Commercial Park Pondlng Improvements, ContInued) MOTION by Knight, Seconded by Jacobson, to so move. DISCUSSION: Mr. Rodeberg explained about half of the Commercial Park drains Into this area as It Is the maIn pond for the park. The pond will also support the runoff from the east toward Jay Street. The proposal Is to excavate eight feet down, which allows for some open water. The excavation can be reduced If the Council chooses to have a pond that Isn't aesthetic. Also, the pond can be done In stages. Councllmembers Jacobson and Knight WITHDREW the Second and the Motion. Counc II asked Mr. Rodeberg to do a feasibility report as to which areas would contribute toward the cost of the proJect. No further actIon was taken. AWARD BID/173RD AVENUE/88-16 Mayor Elling noted the bids came In about 21 percent higher than the estimate given at the public hearing, and that Is why the residents were notifIed agaIn. Larrv Schalo. 17190 NavaJo - stated he talked to everybody In the neIghborhood and received sIgnatures from all but two of the original petitioners In agreement with the increase In cost from $2,000 to $2,400. He stated he would get the other two to come Into City Hall tomorrow to sIgn In favor of going ahead wIth the proJect. He also talked with Mr. Padula, who Is concerned about the loss of some of his large oak trees. Harlan Olson, BRA Engineer, explained the road Is currently off center and must be moved to the south. The curb line of the road will be about seven feet south of the exIsting gravel edge. To leave the road where It Is, additional easement would be needed along the north side, as the existing road Is about five feet from the right of way line. Going to the east, the road gets even closer, as It's only three feet from the right of way line. The City does have all the necessary easement If the road Is moved to the south. By movIng the road south, about five trees will have to be cut down. Mayor El ling noted the figure of $2,400 on the petItion Is about $50 less than what the price would be. Mr. Schalo stated the people are sti II In favor, as they want the road In and are not that concerned abou t the cost. Mayor Elling noted the problem of the two tax forfeit lots along NavaJo south. Attorney Hawkins noted the lots can stilI be assessed; however, If the lot Is not buIldable, It may be diffIcult to Justify an assessment. Mr. Schrantz explained he used 30 percent for overhead costs because It will not be assessed this year, so one year's Interest wIll be added to the cost. He also used 19 units for determining the unit assessment, whIch Includes both tax forfeit lots. Regular CIty Council Meeting October 3, 1989 - Minutes Page 5 (Award BId/173rd Avenue/88-16, Continued) Frank Padula. 4550 173rd - asked why other contractors who prefer the small Jobs weren't asked to bId. He felt $4.000 for curbs on the street Is very hIgh, stating curbs are not needed on this street. He also felt the costs could be lowered by taking out such Items as seedIng and sodding. Mr. Olson explaIned the road wI I I have a bituminous berm curb to control drainage. Otherwise a wider shoulder would be needed to prevent erosIon. The cost of the curb Is very Insignificant to the entire proJect. Mr. Padula - stated when he left the last meeting, he understood that Mr. Knight would pick up two assessments and he agreed to that. He showed on a map that if he gets three assessments on the south side, there should be three assessments on the north side of the road for the equivalent amount of frontage. He felt that Is the faIrest way, accusing the Council of not being fair. Because It Is late in the construction season and because the bids came In so high, Councllmember Jacobson suggested reJecting the bids and look at the proJect again over the wInter. The hope would be to come up with a proposal that would be acceptable to everyone to do the entire area. Mr. Olson noted the price may be less if a larger proJect Is bid or of It is bid with other proJects In the area, but there Is no guarantee. They may even be higher by next sprIng. He also stated the proJect could be done this year If the contract Is awarded unless the weather gets very cold. In that case, they would hold the asphalt untIl early next spring. Bob Protovlnskv. NavaJo north - thought the CIty Council now has an opportunity to rectify the situatIon by reJectIng these bids and working to get the entire area done together at a lower unit cost for everybody. If the Job is done piecemeal, It will be a fInancial burden on the rest of the people living there. Mayor Elling noted the legal petitIon from NavaJo north. There was some discussIon on the petitIon, several recalling It was a conditional petitIon. MOTION by Jacobson, Seconded by Perry, that the City Council reJect the bids from Forest Lake Contracting, W. B. Miller, Inc.. and Bituminous Consulting for an Improvement proJect which Is known as 88-16 for storm sewer and streets, 173rd Avenue east of County Road 7. DISCUSSION: Councllmember Orttel didn't feel any costs would be saved by delaying It a year. Mayor Elling agreed. Barb Dehn. 17245 NavaJo - stated they have never signed a petition and didn't say anything, thinking the majority ruled. However, at a cost of almost $2,500, they are not In favor of it. VOTE ON MOTION: YES-Jacobson, Knight; NO-Elling, Orttel; ABSTAIN- Perry. Motion failed. . Regular CIty Council Meeting October 3, 1989 - Minutes Page 6 (Award BId/173rd Avenue/88-16, Continued) MOTION by Orttel, Seconded by Jacobson, a ResolutIon accepting bIds and awardIng contract for the Improvement of ProJect No. 88-16 for storm drain and street constructIon In the area of 173rd Avenue east of County Road 7 as prepared. DISCUSSION: Discussion was again on the number of assessable units and on the adequacy of the petition for this Improvement. Mr. Schrantz explaIned he used 19 units, Including Lots 1 and 6 that are tax forfeit. and assigned only one unit to the Knight property on the north side of 173rd. Mr. Padula - agaIn stated It Is not faIr that the KnIght property have only one assessment when an equivalent front footage for him gets two unIts. He also accused Councilmember Knight of not using his authorIty on the Council to move the road such that he would not lose his large oak trees. Mayor EllIng again stated that neIther Councllmember Knight nor Perry has ever been In favor of the project. Councllmember Knight stated he has complained about the grading of 173rd for the past eight years. the fact that It Is continually being pushed to the north. But nothIng has ever been done about It. Mr. Schrantz verified the complaInts Councllmember KnIght has made over the years. Mayor Elling asked If those trees can be saved. Mr. Olson stated the road could be moved to the north If easements can be obtained on the north side. Jackie Padula. 4550 173rd - understood only seven people signed the petition, but 19 are beIng assessed. She stated that is not a maJority. Mr. Schrantz reviewed those lots that signed the petition. Lot 1, the tax forfeit lot, Is questionable as to whether It Is a buildable lot. Lot 6 Is also tax forfeit, but the Building Official thought a house could be buIlt on It In spite of the large easement through It. Attorney Hawkins stated the 35 percent requIrement applies to the front footage In the proJect and only regulates the ordering of a proJect from 4/5 to 3/5 vote. Councllmembers Jacobson and Perry and Mayor Elling felt Lots 1 and 6 should not be assessed. Councllmember Knight felt the bulldabIllty should be determined, noting they cannot be assessed If they are unbulldable. VOTE ON MOTION: YES-Elling, Orttel, NO-Jacobson, Perry; ABSTAIN- Knight. Motion failed. The proJect will die. After a brief discussion, Mayor EllIng agreed to meet with all the residents In the area again In an attempt to come up with an acceptable solution to doing the entire area as one proJect. Regular City Council Meeting October 3, 1989 - Minutes Page 7 KROLL VARIANCE Chairperson Pease reviewed the variance request from Gregg Kroll to allow for the expansIon of a non-conforming home. The proposal Is to add a deck and gazebo to the rear of the home that sIts 12 feet from the new right-of-way line on Crosstown Boulevard. The Planning CommIssion recommended approval of the variance, notIng the recommendation from the City Attorney. Attorney Hawkins felt this situation varies from the HeIdelberger request because the Heidelberger Instance was caused by the applicant, not by a governmental unit. The Heldelbergers constructed a garage In front of the principal structure themselves to make the structure non-conformIng. It was also an expansion of a busIness no longer allowed In that commercial zone. In this case, the house was conformIng until the county took additional right of way, which made It non-conforming. MOTION by Orttel, Seconded by Knight, a Resolution approving the variance to Ordinance 8, Section 4.03 <B), Ordinance 8, SectIon 4.15 and Ordinance 8, Section 6.12 as requested by Gregg Kroll to allow for the construction of a deck and gazebo on a non-conforming property at 14933 NW Crosstown Boulevard as presented. (See Resolution R167-89) Motion carried unanimously. ORDINANCE 62 DISCUSSION Council reviewed a proposal of Mayor Elling to expand the No Hunting area within the City to Include Andover School, WInslow Hills, and severa] adJoining areas. Council generally did not have a problem wIth the proposal but felt a public hearing should be held on the proposal first. Mayor Elling asked for a motion to direct the Planning and Zoning Commission to hold a public hearing on the boundary change In the HuntIng OrdInance. MOTION by Jacobson, Seconded by Knight, to so move. Motion carried unanimously. CREEKRIDGE ESTATES GRADING Mr. Schrantz stated several residents have not done anythIng for erosion control sInce the City did the grade Improvement. Council expressed concern that the City's efforts will be negated If all the residents do not follow up with landscaping and seeding or sodding, and In the future those residents who did cooperate will be penalized again. Regular City CouncIl Meeting October 3, 1989 - Minutes Page 8 (Creekrldge Estates Grading, Continued) After some dIscussion, the Staff was directed to send notices to those propertIes that have not landscaped theIr properties Informing them that that work must be done before the sprIng rains. If It Is not done, Inform them the CIty wIll consider doing the work, Inserting an estimated cost, wIth that cost probably assessed back to the property. WARMING HOUSE CONVERSION MOTION by KnIght, Seconded by Perry, that we direct Staff to determine the cost of converting that and then we can take It from there. DISCUSSION: Mr. Stone stated he has to know as soon as possible If a portable warming house wIll be needed at the City Hall site. An addItional warming house was budgeted for 1990 to replace this one If the Council agrees. Council dIscussed other alternatives for storage such as mIcrofiche, reducing the amount of storage, or renting. There was some concern about converting the warming house. Council asked that the Staff also come up with some alternatIve options for storage and that the Hockey Association be asked their opInion of the proposal. MotIon carried unanimously. PROBATIONARY INCREASE/FINANCE DIRECTOR MOTION by Orttel, Seconded by Knight, that the Council authorize a pay probatIonary Increase for the FInance Director position of an amount of $2,000 per year. DISCUSSION: Council noted It Is about 5 or 6 percent. Councllmember Jacobson felt probationary Increases are generally held to 4 percent, which would be about $1,440/year. With sIx percent now plus the Increase after the first of the year, It amounts to over nIne percent pay raise In less than one year of employment. Mr. Schrantz stated the $2,000 figure was what was used for the probationary Increase for the Planner. There should be funds left from the $36,000 budgeted since Mr. Koollck was not here for the entire year. Mayor Elling noted the difference between the proposed increase and four percent Is $l/hour versus $.71/hour. Motion carried on a 4-Yes, 1-No (Jacobson) vote. APPOINT PLANNING AND ZONING COMMISSIONER MOTION by Knight, Seconded by Jacobson, that the CouncIl approve the recommendation of the P & Z for Randal Peek to be appoInted to fill out Bill Bernard's remaining term, until December 31, 1989. DISCUSSION: CouncIl noted Mr. Peek can reapply for the posItion on January 1. Motion carried unanimously. Regular City Council Meeting October 3, 1989 - Minutes Page 9 EXPENDITURE AUTHORIZATION/PARK COMMISSION Mr. Stone asked for approval to spend $3,760 to repair and maintain the City Hall Tennis Court and $14,000 to Install two hockey rinks at the City Hall. The tennis cour-t Is In need of repair, recommendIng It be repaired now before It gets any worse and more costly to do. The tImbers on the existing hockey rInk are rotting out, plus there Is a great demand for hockey rinks. The price quoted Is a very good bid. To put In two rinks, he proposed changIng directions of the rinks. There would stilI be an open skating area, which can be enlarged very easily. Marc McMullen, Park Board Chair-person, noted the rinks ar-e used all the time, and not Just by Associations. Mr. Stone continued noting the funding would come from various sources: $5,000 would be taken out of the capItal budget for Wild Iris park; $10,000 could be taken from Kelsey Park as the trails will not be done this year; $2,000 can come from the fencing for Timber Trails as It only cost $800 for that proJect; plus $3,000 for Class V In the parking lot for Timber Trails which will not be done this year. There would also be enough to rent a trailer for a warming house at the City Hall sIte If the present warmIng house Is converted to a storage room. Chairperson McMullen also explained they have put Kelsey Park on hold for the time being until It Is decided whether the CIty wants to ask for matching grant funds. Because of the bUdget constraints, they have not yet made any recommendations In that area. Also, a number of Boy Scouts have contacted him about proJects to work on theIr Eagle Badges. It Is felt that they may be able to get the trails cut Just through Scout proJects. Council was very concerned about the proJected deficit In the 1989 budget and wIth spending any more funds, even though these are budgeted Items. Mr. Koollck noted the books have not yet been updated from July, but It Is estImated the CIty will be about $200,000 short by the end of the year. If that comes to pass, the CI ty will eIther have to borrow from another fund or seek short-term fInancing to pay the bills until the tax payments come In. With only three months left to the end of the year, Council asked Mr. Koolick to provide a more accurate assessment of the cash flow for the remainder of the year. He was also asked to make recommendations and provide different scenarios as to the options the City has between now and the end of the year to lessen the projected shortfall. It was also suggested that there be a freeze on capital Improvement spending and any other expenditures that are not absolutely necessary. Mr. Stone and Chairperson McMullen felt It Is Important to get the CIty Hall tennis court repaired this year, suggestIng the funds be taken out of the dedIcation fund If It cannot come from the General Fund. Counc I I agreed with the need to repair the tennis court befor-e it gets wor-se, and the funds should come from Capital Improvements. Regular City Council Meeting October 3, 1989 - Minutes Page 10 (Expenditure Authorization/Park Commission, Continued) Mr. Koolick noted he Is spending a considerable amount of time wrIting the specifIcations for the accounting computer software and hardware, askIng what Is his priority. Counc il felt the assessment of the 1989 cash flow and budget Is the fIrst priority. MOTION by Orttel, Seconded by Jacobson, that the Counc I I authorize expendItures out of the 1989 budget In the amount of $3,670 for repair and maIntenance of the City Hall tennis court. Motion carried on a 4-Yes, 1-No (Perry) vote. MOTION by KnIght, Seconded by Perry, that we freeze expenditures other than the day-to-day thIngs until we get a reading as to where we are at: directing Staff to have somethIng back to the Council at the next meeting. Motion carrIed unanImously. NON-DISCUSSION ITEMS Mr. Rodeberg explained Gammon Brothers did not do all the work per their contract, so the amount of their contract was reduced by what was done by Atlas, and Atlas paid for the work they did for Gammon Brothers. Attorney HawkIns advised that Is appropriate. MOTION by Jacobson, Seconded by Perry, that the City Council approve from the Council Agenda for October 3 Item Number 13, Plat Correction/TImber Trails; Item Number 15, Approve Plans and Specs/89-17/Hldden Creek East 2nd (See Resolution R168-89): Item 16, Release Escrow/HIdden Creek 2nd Addition; and Number 18, Approve Final Payment/88-1/Crosstown Bridge <See Resolution R169-89) Motion carried unanImously. ASSESSMENT MANUAL Counc II agreed to discuss this Item at the special October 5 meeting. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by KnIght, to approve Checks Numbers 17328 through 17408 for a total amount of $65,8761.11. MotIon carrIed unanimously. MOTION by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. Meeting adjourned at 9:57 p.m. Respectfully sUbmltted~ \\~~~~ Mar Ila A. Peach, Recording Secretary