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HomeMy WebLinkAboutCC January 16, 1990 ~\ CITY of ANDOVER Regular city Council Meeting-January 16, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Certificate of Appreciation Presentation Continued Assessment Hearing/88-l Discussion Items 1. Fire Consultant Report 2. Ordinance 8 Amendment/Commercial Vehicles 3. Boundary Change 4 . Accept County Roads 5. Accept Street/157th Lane N.W. 6. Kensington Estates 5th Addn. Final plat 7. Coon Rapids/Andover Joint Powers Site "Q" 8. Appoint Rep. Site Selection Authority Staff, Committee, Commission 9 . Water & Sewer Budget Discussion, Cont. 10. Printer Malfunction Discussion 11. License Renewal/Andover Auto Parts 12. Revise Bylaws/Public Works Mutual Aid Agreement Non-Discussion Items 13. ACRRA Draft Plan 14. Approve Compliance Agreement/Mn Dept. of Health 15. Approve Final payments-87-12; 88-9; 88-10 16. Adopt Insurance Resolution 17. Accept Petition/163rd & Jonquil 18. Order Feasibility Report/Kensington 5th/90-3 19. Accept Feasibility Report/Kensington 5th/90-3 Approval of Claims Adjourn - -- - - , -- -_.-- '-:,' '~' /\ CITY of ANDOVER ,-J :0 .l..>; 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - JANUARY 16, 1990 MINUTES The Regular BI-MonthJy Meeting of the Andover City Council was called to order by Mayor Jim Elling on January 16, 1990 : 7:30 p.m.. at the Andover City Hall. 1685 Crosstown BouJevard NW. Andover, Minnesota. Councilmembers present: Jacobson. Knight. Orttel, Perry Councilmembers absent: None Also present: City Attorney. William G. Hawkins: TKDA Engineers, John Rodeberg and Rick Odland; Assistant City Engineer. Todd Haas; City Planner, Jay Blake: City Finance Director, Howard Koollck: City Administrator/Engineer. James Schrantz: and others AGENDA APPROVAL Counc i I agreed to delete Item 10, Printer Malfunction Discussion. from the Agenda. Mayor Elling aSked for a motion to approve the Agenda as amended. MOTION by Jacobson. Seconded by Perry. to so move. Motion carried unanimously. APPROVAL OF MINUTES January 2, 1990 : Correct as written. MOTION by Orttel. Seconded by Perry. approval of the Minutes as written. Motion carried unanimously. CERTIFICATE OF APPRECIATION PRESENTATION Mayor EI ling presented a Certificate of Appreciation to John Rodeberg. expressing thanks for the years of service as consuJtlng engineer to the City of Andover. CONTINUED ASSESSMENT HEARING/IP88-1 Counc II noted the options outlined in the Agenda material regarding the assessment for Project 88-1, Crosstown Boulevard. 140th Avenue to the Red Oaks Pond. Attorney Hawkins noted the City Council previouslY sent out notices to the individuals that Indicated the assessment would not exceed $100, a public hearing was held, and the project was ordered on that basis. ~ -- -- .- .-- Regular City Council Meeting January 16, 1990 - Minutes Page 2 (Continued Assessment Hearing/IP88-1) Based upon that representation and upon a Court of Appeals decision In a siml I ar case, Mr. Hawkins felt the Counc i I would be placing itself in a difficult position If it would now raise those assessments. He didn't feel that same I I ab I 1 I t y was In the IP87-3 project because a hearing was not held on it. But in this project, the residents were clearly told the assessment would not exceed $100. Garv Anderson. 14031 Crosstown Boulevard - stated he received a letter stating all of the assessments for the project were going to be put toward the City of Andover property at the secti on of 139th and Crosstown Boulevard and that they would pay no more than $100 per lot. Mayor Elling noted if each parcel is assessed $100, about $8,000 would remain unassessed on the project. He asked where those funds would come from. Mr. Schrantz didn't know but suggested either from what is available In the State Aid Fund or out of the bond fund. Attorney Hawkins suggested funds could be used from the bond proceeds that weren't expended. from the interest earnings on the bond. or impose an ad va]orum across the City. MOTION by Jacobson, Seconded by Perry, that we close the public hearing. Motion carried unanimously. MOTION by Jacobson, Seconded by Perry. on Project 88-1, which Is Crosstown BouJevard, Crosstown Boulevard, 140th Avenue to Red Oaks Pond. that the Ci ty Counci I agrees that the origlna] public hearing, which was held several years ago. that at that time it was represented that the cost to the property owners there would be approximately $100, and since the project had been ordered prior to the hearing. the Counc I ] has no other option but to leave the assessment for those parcels at $100 each. DISCUSSION: Mr. Rodeberg thought the opinion at the time was that everyone directly adjacent to a county road wouldn't get that much of a benefit and shouldn't be assessed. CounclJmember Orttel agreed, but though tat the hearing it was decided there would be no assessment except on the City property. He also thought the deficit was to be picked up through the recovery from State Aid fund. Counc Ii asked Mr. Koollck to look at the bond fund to determine if there are unexpended funds that could be used toward the unassessed $8.000 in this project, and to come back to the Council with a recommendation. Councilmember Jacobson ADDED TO THE MOTION to have Staff prepare the necessary documents. Second Stands. Motion carried unanlmousiy. Action will be taken on the prepared Resolution at the next regular meeting. -.._- Regular City Council Meeting January 16. 1990 - Minutes Page 3 FIRE CONSULTANT REPORT Bob Aldrich. Aldrich & Associates - reviewed his report and recommendations regarding the location of fire stations and equipment needs for the City of Andover. He fe1t the Fire Department is grossly under equipped to satisfy the demands of the community and that the responses to fire alarms In the City are excessive. He pointed out the response frequency to various fire alarms based on the four quadrants of the City for the years 1987 and 1988. He fe It the development process In the community has been harmful for the ablll ty to provide reasonable Jevels of fire protection, as he saw no thought being given to how and where to locate fire protection equipment to be abJe to respond to that type of development. As development continues. fire protection will get further behind If the City doesn't make some movement relatively soon to keep up. Mr. Aldrich recommended three fire stations in the City. one In the southern portion where the property has already been purchased, one in the northwest area, and eventually one in the northeastern portion. At this time he suggested acquiring the Jand for the northeastern station. but continue to operate some equipment out of the ex I stl ng station unti I development In the east and northeast warrant a new station. Mr. Aldrich continued that another Important factor Is the water service area. Problems are created In fire suppression and in the location of fire stations and equipment based on the source of water supply. He also pointed out that an aerial ladder trunk Is needed for the large two- and three-story homes being built In the City and for businesses and shopping centers. It Is saves on both labor and time when suppressing a fire. If he were the Chief. Mr. Aldrich stated he would be looking at two stations in 1990 and 1991 and would be encouraging the Fire Department staff to increase to a minimum of 50 members. Councllmember Jacobson asked how much residents can expect their home insurance to decrease with a better fire rating. Mr. Aldrich didn't feel there would be much of a change unless the water service area Is expanded. because the biggest rate reduction for Insurance is where water is available. In the north and western areas, he felt the classification may be lowered from a 9 to a Class 7. but the reduction in Insurance rates probably would not be enough to offset the costs. It was also Mr. Aldrich's opinion that the present equipment of the Department Is ready for refurbishing. He acknowledged competition for the tax dollar Is tough, noting it is a poll tical decision as to what level of fire protection should be provided in the City. He went on to propose that any committee that would study the report and make recommendations to the Council should also be composed of resident volunteers. That group should also look at what there wi II be in the next 10 to 15 years and prepare a development action plan. -~-,- -- ReguJar City Council Meetl ng January 16, 1990 - Minutes Page 4 (Fire Consultant Report, Continued) Mr. Schrantz suggested a fire protection plan also be Incorporated In the City's Comprehensive Plan which Is In the process of being updated. MOTION by Jacobson. Seconded by Orttel, that we accept the report from Aldrich and Associates on fire station location and equipment In the City. Motion carried unanimously. Counc II discussed what course of action to take. It was suggested the standing Public Safety Committee be directed to review the report, that the Planning and ZonIng CommIssIon hold a publIc hearIng on it and the Committee's recommendation, wi th those recommendations and findings then brought back to the Counc i I . It was also suggested that residents on that committee be representative of the City demographically. possibly advertising for additional members. I twas felt the committee shou1d look at the location of the stations, at the equipment needs, and the phasing In and,'or prioritizing of these items in a financially prudent manner. Mr. Aldrich also suggested because of the tIme-consuming process of writing specifications for equipment, that that process begin as soon as possible. MOTION by Jacobson. Seconded by Orttel, that we refer the report to the Council's Public Safety Committee consisting of the Mayor and Ken Orttel. and that the Committee compose of the Public Safety Committee and up to five members of the Fire Department plus former members of the Pub]ic Safety Committee citizens. plus advertise to the general public for up to five additional peolple to serve: and that the committee review the report and make staging recommendations to the Ci ty Counci I as to what they believe can be done In a sound fiscal manner In terms of equipment and facilities. look at the whole Issue and come back to the Council with a recommendation by no later than Apri J 1 of th i s year. Along with this, they should consult with the Planning CommIssIon, which Is doing the Comprehensive Plan, to get input from them at the same time. DISCUSSION: Counc i ] agreed that Mr. Aldrich could be hired to advise at Committee meetings or at the Public Hearing at an hourly rate if necessary. Mr. Aldrich again advised that the City Is in deep trouble with the equipment It has, suggesting the Department be a] lowed to begin writing specifications for fire trucks because it is such a slow process. Counc II didn't feel the specifications were needed to obtain cost estimates for the Committee and noted the effort would be wasted untIl a bond issue Is passed. though they would not object If the Department wanted to begin that process. Motion carried unanimously. Regular City Council Meeting January 16, 1990 - Minutes Page 5 (Fire Consultant Report, Continued) Glen Smith. Assistant Fire Chief - felt Mr. Aldrich did a very professional Job with his report; however, he just received a call from a citizen that they could not hear him over cable TV. Mr. Smi th was concerned that the same thing wi I I happen that did five years ago, as it appears that the same Information and the same process was fol lowed then. They have already done half of the ground work necessary for writing specs for a truck. The firefighters are concerned about the avenue the Council Is taking, thinking they did not have the City's support In the last bond Issue. Yet now there Is a pr-otesslonal tel ling them the same thing the Fire Department told the City previously. And It sounds like the Committee Is charged wi th doing what has already been done. Mr. Smith noted they are getting farther and far-ther behind in their ability to provide fire protection, and they don't feel they are getting the backing from the City that they deserve. The Fire Department would like the Council's backing, not knowing what wll I happen If something Isn't done soon. Mr. Smith noted 4881 Is in need of repairs that must be done very soon. It Is something they have tried to do for years but have not had the funding for. Mr. Smith went on to say that they feel Mr. Aldrich's report confirms all the things they presented to the City previously. The Department was under the Impression that the City was going to work in the direction of a bond issue sometime this year. and they are concerned that that effort is being stalled and wouJd like to see the efforts escalated. The firefighters are nervous about what is going to happen since the number of cal Is increases as the City grows and the apparatus Is In great need of repair. He thought the Department would be before the Council In a few weeks regarding needed repairs. Counc I I discussed those Issues and possible reasons for the failure of the last referendum. They agreed the efforts of the Public Safety Committee can be set up quickly so the recommendation can be before the Counc i I by the Apr II 1 deadline. ORDINANCE 8 AMENDMENT/COMMERCIAL VEHICLES Mr. Blake reviewed the background of the Planning Commission's recommendation to allow the Interior storage of one semi-tractor In a residential area on three acres or larger without a Special Use perml t. MOTION by Orttel, Seconded by Knight, Introducing Ordinance 8MMM as presented by the Planning Department. MotIon carried on a 4-Yes, ¡-No CEiling) vote. Regular City Council Meet! ng January 16, 1990 - Minutes Page 6 . BOUNDARY CHANGE MOTION by Jacobson, Seconded by OrtteJ. to authorize the City Attorney to draw up the necessary papers for the annexation of territory within the City of Andover and Coon Rapids to exchange property according to Minnesota Statute 414.061. and to authorize either the Mayor or City Staff to appear before the Coon Rapids City Counc i I to present this boundary change and ask for their concurrence. Motion carried unanimously. ACCEPT COUNTY ROADS MOTION by Knight. Seconded by Orttel. to accept both Resolutions as presented, adding that WHEREAS. the County has agreed to make certain drainage repairs as outlined In their letter. (See Resolution R008-90 Accepting Crooked Lake Boulevard between 133rd Avenue NW and Bunker Lake Boulevard: and Resolution R009-90 Revoking Crosstown Bou1evard between 133rd Avenue and Bunker Lake Boulevard). Motion carried unanimously. ACCEPT STREET/157TH LANE Mr. Haas reviewed the background regarding the 157th Lane easement. The easement was given In 1978: however. Mr. Menkveld did not provide the one-year warranty bond. The question Is whether the City shou1d accept the road under 1978 standards or require the road to be buiJt to 1990 standards and assess the abutting property owners. He stated the road has been maintained and plowed by Maynard Apel , not by the City. Jerry Putnam would like to construct a home on a lot facing this easement but cannot do so until the City accepts it. Frank Stone, Public Works Supervisor, noted two other instances where there are easements beings maintained privately. It this one Is accepted without bringing it up to today's standards, he felt the others would have to be treated the same way. Councl1member Orttel argued the road was built to City standards In 1978 and obviously was done correctly because it Is beyond the one-year period which the warranty was to cover. He felt the Councl I 's Intent at that time was to accept the road. MOTION by OrtteJ. Seconded by Perry. that the Staff prepare a Res01utlon dealing with the acceptance of 157th Lane in the south half of the southwest quarter of the southeast quarter of Section 15, Township 32, Range 24. DISCUSSION: Counc i1 asked Staff to discuss a turnaround with Mr. Ape] . Councilmember Jacobson felt the road should be brought up to today/s standards. MotIon carried on a 4-Yes, i-No (Jacobson) vote. Regular City Council Meeti ng January 16, 1990 - Minutes Page 7 KENSINGTON ESTATES 5TH ADDITION FINAL PLAT Mr. Rodeberg explained Mr. Windschltl requested an alternate bid for the cui de sac for serving just the cui de sac or for a deeper line to serve the Fourth Addition. The best alternative will be picked from the bids received. Jerry Wlndschltl. Developer - was concerned about the wording of the Resolution. thinking there may be some difficulty in getting a clear t! tIe the way i t Is written. Under the fIrst Item 3, he didn't fee] his engineer would be able to certify the grading plan, pJus not all the grading wi II be completed. He explained all developers keep some of their lots high so that It excess dirt Is needed by someone building an unusual house. that dirt is available. Mr. Schrantz expJalned the Intent Is to be sure all the bad soils are removed from the house pad. Mr. Windschitl - argued there is no organic material in this plat, asking what he would escrow. Mr. Rodeberg stated it Is also to ensure that the drainage patterns are compJete. This has been asked for on recent plats because of some difficulty in the past where house pads were not adequate and the drainage patterns were interrupted. Attorney Hawkins stated the escrow wouJd be how much It would take to make the high land level according to the grading pJan. Mr. Schrantz saw no problems leaving the lots high; the problem is the low lots. Mr. W!ndschl t I - stated an engineer will not be able to give that information. His surveyor can. Counc II agreed to add "and/or surveyor" in the third line of Item 3. Mr. Wi ndsch I t I - noted once the final plat is signed. the preliminary plat cannot be changed, questioning what Is meant by Item 6, Revised preliminary plat and grading plan as needed by the City. Counci I agreed to reword Item 6 to: Revised grading plan if needed by the City. Mr. Windschitl - questioned why Item 1 under the BE IT FURTHER RESOLVED in the Resolution Is even In there. He felt It had nothing to do with the final p1at. He stated al I other agencies have been satisf led: there are no oustandlng items: so why should this statement about the devJeoper being responslbJe for al 1 permits from other agencies interested in the site be included. Mr. Haas stated that statement has been put into recent resolutions to show the City has notified the deveJoper of his responsibiJity. Rather than put It under a BE IT RESOLVED section, Counc i I agreed to add the statement In the WHEREAS section. Regular City Council Meeti ng January 16, 1990 - Minutes Page 8 <Kensington Estates 5th Addition Final PJat, Continued) MOTION by Perry. Seconded by Jacobson. the Resolution approving the final plat of Kensington Estates 5th Addition with the fol10wing changes: "WHEREAS, the City Council approved the preliminary plat of Kensington Estates 5th Addition" and then the wording of Number 1 under BE IT FURTHER RESOLVED Inserted at that point. Item 3 of the first section be changed to read "...from the developer's engineer and,'or surveyor that lots. .. " Item 6 be changed to remove the words . "preliminary plat and" and the word "as" changed to "if". And renumber the items under BE IT FURTHER RESOLVED. <See Resolution R010-90) Motion carried unanimously. COON RAPIDS/ANDOVER JOINT POWERS SITE "Q" Mr. Schrantz stated the agreement is not yet completed. thinking it wi] ] be ready for the next meeting. MOTION by Knight. Seconded by Orttel. to table it. Motion carried unanimously. APPOINT REPRESENTATIVE ON SITE SELECTION AUTHORITY MOTION by Knight. Seconded by Jacobson, that we apoint the Mayor and Ken (Orttel) as alternate. Motion carried unanimously. WATER AND SEWER BUDGET DISCUSSION Mr. Koollck reviewed the background of estab1ishlng the sewer rates for Sewer Areas A and B. He also found out that MWCC has been consistently underestimating the City's gallonage since 1986. including the estimate in 1989. They have estimated a high usage in 1990 to overcome the underestimates which have occurred in the past years. Another problem is the MWCC has consistently raised their rates over the years. and the City has not Increased its sewer rates to the users. To balance the sewer fund. Mr. Ko01ick noted four options as outJined in the agenda material. Counc I I discussion was on why MWCC's estimates have been consistently low. on the intent at the time the sewer rates were 10wered In Area A, and on the best option to balance the sewer and water funds. CounciJmember Orttel recalled the difference in sewer rates between the two areas was to be for 11 years to rebate about $550 per household. The difference was to pay back the principal on what was overcharged for their sanitary sewer in Area A. He felt the reimbursement to the sewer fund from the sewer connection charge is appropriate because that is where the overcharge went. Regular City Council Meeting January 16, 1990 - Minutes Page 9 (Water and Sewer Budget Discussion. Continued) Mr. Schrantz thought the City should then have increased the connection charge to reflect the overcharge to the other area. which was not done. MOTION by Jacobson, Seconded by Knight. that we authorize Alternative 4 as outlined in the material this evening. DISCUSS ION : It was noted the rates would go from $13.50 to $24 per quarter in Fund A and from $25.50 to $36 per quarter In Fund B. Motion carried on a 3-Yes, 2-No (Perry, Orttel) vote. Mr. Koolick stated he wi I I prepare a resolution for Council action at the next meeting. Councllmember Orttel felt a 50 percent overage in the sewer budget was excessive and felt some expenses could be cut so rates would not have to be raised so much. Councilmember Perry stated she'd prefer to balance the bUdget by Increasing the total amount to the users and not move monies from one place to another. LICENSE RENEWAL/ANDOVER AUTO PARTS Mr. Black reported all Items have been taken care of and recommended renewing the license. MOTION by Ortte]. Seconded by Jacobson. approval of the license for the legal description to be inserted (13526 Jay Street NW) for Andover Auto Parts. Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Orttel. Seconded by Perry, approval of Items 12, 15, 16. 17, 18 and 19 as presented. (See the following: Approval of constitution and bylaws of the Regional Mutual Aid Association ROll-90 - Accepting work and directing final payment to Forest Lake Contracting for Project 87-12. Wobegon Woods R012-90 - Accepting work and directing final payment to Dresel Contracting. I nc.. for Project 88-9. Tulip Street R013-90 - Accepting work and directing final payment to Dresel Contracting, Inc.. for Project 88-10 for University Avenue R014-90 - Authorizing the City to obtain excess liability coverage and not waiving the statutory I imi ts R015-90 - Declaring adequacy of petition and ordering preparation of a feasIbilIty report for IP90-2, 164th Avenue/163rd Lane/Jonquil Street Regular City Council Meeting January 16, 1990 - Minutes Page 10 (Non-Discussion Items, Continued) R016-90 - Declaring adequacy of petition and ordering preparation of a feasibility report for Kensington Estates 5th Addition R017-90 - Accepting feasibility study, waiving public hearing. ordering improvement and directing preparation of plans and specifications for Project 90-3. Kensington Estates 5th Addition) Motion carried unanimously, with the exception of R013-90 where Councilmember Jacobson voted present because he Is personalJy affected by the project. ANOKA COUNTY REGIONAL LIGHT RAIL TRANSIT DRAFT PLAN Mr. Blake briefly noted the draft plan for light rail transit in Anoka County. Two routes have been chosen -- Highway 10 corridor and Highway 65 corridor, both terminating in the Northtown area. There is no direct impact on land use in the City of Andover. The financial impact is that about 50 percent wil I be paid for by federaJ funds, the remainder with a metropolitan-wide sales tax of one cent. No action was taken. APPROVE COMPLIANCE AGREEMENT/MINNESOTA DEPARTMENT OF HEALTH Council discussed the Comp11ance Agreement required by MDH and USEPA to bring Andover's water system In compliance by 1994. Mayor Elling noted the Council did not want to look at shal low wel Is as an alternative. feeJing they are not a dependable source of water. Mr. Rodeberg stated their Hydrology Department does not have a problem with shallower wells. and It seems to be something that others are doing. Mr. Schrantz noted the Engineers wi I I come back to discuss the various options at a future meeting. MOTION by Jacobson, Seconded by Perry, that we authorize the Mayor and City Clerk to sign the Compliance Agreement with the Health Department. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight. Seconded by Perry, that we pay Checks 17905 through 17996 In the amount at $296.779. plus two wire payments. making a total of $2,720.619.57. Motion carried unanimously. ,- Regular City Council Meeting January 16. 1990 - Minutes Page 11 CDBG FUNDS Mr. Blake stated there is about $63,000 of 1988 CDBG funds that must be expended by June 30, 1990. or the county wi I] use the money elsewhere. He stated he wi] I bring back a proposal at the February 6 meeting. Mr. Blake also asked that the public hearing for 1990 CDBG funds be held on February 20 at the ReguJar Counc!I meeting. Counc i I agreed. MOTION by Knight. Seconded by Orttel. to adjourn. Moti on carr i ed unanlmousIy. Meeting adjourned at 10:28 p.m. Respectfully submitted, ~~~~ Mar Ila A. Peach Recording Secretary -. ' -- --- . -