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HomeMy WebLinkAboutCC July 17, 1990 g>\' CITY of ANDOVER Regular C1ty Council Meeting-July 17, 1990 8:01 P.M. Call to order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/90-14/Cedar Crest 3rd & Cedar Hills River Estates 2 . Award Bid/90-2/163rd, 164th, Jonquil 3 . Bro-Midwest Vending Special Use Permit 4. Bro-Midwest Vending Cigarette License 5. Wooten Variance 6. Ordinance 8, Section 7.03 Amendment/Adult Uses 7. 8 . Kensington Estates 6th Addition Final plat 9. Petition for Improvements/Kensington 6th Addn. 10. Release Grading Escrow/Red Oaks 6th Addition Staff, Committee, Commission 11. Kennel License Renewal/Dover Kennels 12. Accounting Firm Discussion 13. Union Agreement Discussion 14. Approve Temporary Full-Time Public works Employee 15. Set 1991 Budget Calendar Non-Discussion Items 16. Approve plans & Specs/90-12/Bent Creek Sidewalks 17. Approve Plans & Specs/90-13/Creekridge Sidewalks 18. Approve Speed Study/University Avenue 19. Release Escrow/13380 Hidden Creek Drive 20. Approve Final payment/89-24/Comm. Park Pond 21. Award Bid/90-6 Bunker Lake Boulevard 22. Award Bid/90-15/crosstown Water Extension 23. Approve Change Order/90-3 24. WDE update Approval of Claims Adjournment ] .\A CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 17, 1990 MINUTES The Regular BI-Monthly Meeting of the Andover City Counci] was cal led to order by Mayor Jim Elling on JuJy 17. 1990: 8:01 p.m.. at the Andover City Hall, 1685 Crosstown Boulevard NW. Andover, Minnesota. Councllmembers present: Jacobson, Knight, Orttel. Perry Councilmembers absent: None Also present: City Attorney. Wi I llam G. Hawkins: TKDA Engineer. John Davidson: Planning and Zoning Commission Chairperson. Rebecca Pease; City Zoning Administrator, d'Arcy Bosel I; Finance Director, Howard Koolick: City Assistant Engineer, Todd Haas: City Admlnistrator/ Engineer, James Schrantz: and others RESIDENT FORUM Bob Schroeder. Director of Advertlsinq. Speedy Market - would like --"-to have a promotion this weekend, July 21 and 22, to coincide with the activities at the Cowntown Center. The intent would be to have the coke wagon there and to sel I hot dogs. He stated he has aiready talked to the county and is going through their review process. Unfortunately he found out he needs a Special Use Permit from the City. which would take four to six weeks to get. It was recommended he come before the Council to see if there is any possibility of obtaining a temporary permit for this weekend. He would aJso ] ike to make an application for a Special Use Permit so this can be done on an on-going basis each year. Ms. Bose] I explained the provision of the ordinance which requires a Special Use Permit. Because the Attorney was not yet present, Counc i I agreed to add the item to the Agenda. Bob D i I Ion . 4995 159th Avenue NW - handed out a copy of his response to Mr. Hawkins' letter dated July 12, 1990, and to the Aldrich Report done for the Fire Department. He asked for a cJarification of Mr. Hawkins' Ietter. Counc I I felt the Attorney should address his letter and agreed to add the item to the Agenda. John Adkins. 1502 140th Avenue NW - Inquired at the office about the Noise Ordinance and found out it allows noise seven days a week between 7 a.m. and 10 p.m. almost Indiscriminately. He was particularly annoyed with the noise of the saws and boisterous yel ling of the contractors in the area on Saturday and Sunday mornings. Counc I ] noted that Ordinance 8 also addresses noise and directed the Building Inspector to talk with the contractors. If there is no change. Mr. Adkins was asked to let the Counc i I know. Regular City Council Meeting Minutes - July 17, 1990 Page 2 AGENDA APPROVAL Councl I agreed to add Items 15a, Spedy Market Request for Permit: and 15b, Bob DilJon Request. MOTION by Knight, Seconded by Jacobson. to approve the Agenda as amended. Motion carried unanimously. PUBLIC HEARING/90-14/CEDAR CREST 3RD AND CEDAR HILLS RIVER ESTATES Mayor EIJing called the pubJlc hearing to order. Glen Cook, Bonestroo, Rosene, Anderlik & Associates. reviewed the feasibility report for the proposed project. The project cost for Part I. Blackfoot Street and 176th Avenue, is estimated at $67.460 for a unit assessment of $5,400 for each of the 12 1/2 units. The cost for Part I I. Aztec Street. is estimated at $40,670 for a unit assessment cost of $5.820 for each of the 7 units. He explained the costs are a little higher because of an increased cost of bitumInous and because of the cuI de sac. Counci member Orttel aJso felt the cost Is higher because of the nonassessable side lots, which adds to the cost of such a small project. Several residents asked if the cuI de sac Is necessary on 1 76th. Mr. Schrantz stated it Is for the Fire Department and PubJic Works to turn their equipment around. It is proposed that Lots 5, 6. and 7 off 176th are going to be combined. The owner of Lot 4 stated the road beyond the proposed cuI de sac Is already a blacktopped driveway which they paid for privately. Homer Nelson. 17691 BJackfoot - asked if Part 2 is not done and Part 1 only goes around the corner, wi II he get billed again when Part 2 is done. Mayor EI lIng explained the policy of assessing only Jot frontage. He would pay only one assessment. Ron Mever. 1 750 1 BJackfoot - stated one-half of his property Is already paved. He asked if the one-half unit in the project would pay one-half of the $5,400 assessment. Mr. Schrantz stated that is correct. A resident asked why this isn't calculated on a lineal front footage rather than on a unit assessment. The Mayor explained the City has adopted the unit assessment, which works wel I in areas where the Jots are lrregularJy shaped. It Is based on the assumption that every Jot receives the same benefit from the project. When the item was brought up again Jater in the hearing. Councilmember Orttel noted that even on a J Ineal tootage basis, the IrreguJar-shaped lots are calculated to convert them to the normal-sized lot, so al J assessments would be slmi lIar. ] Regular City Council Meeting Minutes - JuJy 17, 1990 Page 3 (Hearlng/90-14/Cedar Crest 3rd & Cedar Hills River Estates, Cont.) Counc i I discussed the large parcel south and west of 176th Avenue. Mr. Schrantz stated It is in the flood fringe and Is currently unbuidable: however. the Counc I I may want to consider it a bulldabIe lot and assess it. He felt it could be made buildable with fill. Further discussion noted there Is a very steep bank down to the flood fringe and the distance restrictions along the river may prohibit building upon the Iot. A resident believed that that large lot was orlginaIly owned by Lots 1 through 14 and that there was a restrictive covenant on It that it wi I I remain a wildlife area and not be built upon. It is a Jot owned in common with a]I 14 lots paying the taxes on it. He didn't believe i t is a buildable lot. Wi th that. the Counc i I agreed i t Is an unassessable parcel. Jonathan Arent. 4091 176th Avenue - showed pictures of the road washout In the spring. He asked If the Counc I I ever considered those circumstances when making its decision. Mayor EI ling explained the Ci ty Is aware of the problem and would Iike to see It paved; however, the policy is such projects wi I] be ordered on]y If a majority of the benefitting residents want it. Mr. Arent - asked how many times this has been petitioned and how much the costs have gone up since the first time. The Mayor thought it was before the Council several times before and also thought the costs have increased each time. Mr. Schrantz expJalned that the project would have to be assessed this year no matter how far along It Is to avoid one year's Interest. One resident felt they should know specific costs and not be assessed for any more than that. The Counc I ] explained the exact costs won't be known unti] after it is bid. If the bids come in more than 5 percent of the estimate. the pol icy Is to call the residents back in to see If they sti I I wish to proceed. Mr. Arent - asked If the Counc I I has a right to rescind the project once It has gone through the bid process. Mayor EJ Jing said not unless It exceed 5 percent. Mayor EI ling noted the original petition was 9 in favor of the project. 3 opposed. He asked if anyone wished to change their vote. Byron & Linda Bradley. 17581 Blackfoot - asked to change their vote from a yes to a no. PJ Carlson. 17661 Blackfoot - asked to change from a yes to a no vote. I Regular City Council Meeting Minutes - July 17, 1990 Page 4 (Hearing/90-14/Cedar Crest 3rd & Cedar HiJls River Estates, Cont.) NeIsons. 17691 Blackfoot - asked to change from a no to a yes vote. WI th those changes, Mayor El ling noted the petition stands at 8 yes. 4 no vote. He asked for a motion to close the public portion of the hearing. MOTION by Jacobson, Seconded by Perry. to so move. Motion carried unanimously. MOTION by Orttel, Seconded by Jacobson, a Reso1utlon ordering the improvement of street construction. Project No. 90-14 In the Cedar Hills River Estates/Cedar Crest 3rd Addition <Part !) area and directing preparation of final plans and specifications, as prepared. (See Resolution R087-90) Motion carried unanimously. There was a brief discussion with the residents noting the project shou I d begi n in about six weeks. The residents wil also receive notices for the assessment hearing yet this year. explaining the pol icy on Interest on the bonds sold for the project. Mayor EIJlng then noted that for Part I I. no petition was received. No residents were present. MOTION by Orttel, Seconded by Perry, that we terminate the project known as Aztec Street. 19-14, Part II. (See Resolution R088-90) Motion carried unanimously. AWARD BID/90-2/163RD. 164TH. JONQUIL Glen Cook, BRA, explained the low bid for the project exceeded the estimated cost by about 12 percent. The estimated assessment would then be $4,675/unit, or $475 more than what the residents were told at the pubIlc hearing. He felt the reasons for the Increased costs were blacktopping prices were higher and more sod was put in the project than what was originally estimated because some of the problems they have had In the past with residents wanting a finished project of grass that wi I 1 last. If the sod was removed from the project except for where It is needed for erosion and the residents want to topsol I and seed, It would save about $250 per unit. But the residents wouId have to nurture It to assure growth. Mayor EI ling asked how many residents wish to change their mind to the project. Linda Manske. 3040 164th Avenue - asked to change from a yes to a no vote. Dianna Theis. 3124 164th Avenue - asked to change from a yes to a no vote. ] Regular City Council Meeting Minutes - July 17, 1990 Page 5 (Award BId/90-2/163rd, 164th. Jonquil, Continued) Mayor Elling noted the petition now stands at 13 yes. 4 no, stl J J a maj or i t y for the proJ ect. Dennis Hornsten. 3105 164th Avenue - stated no one in the project wants the City to seed or sod the boulevards. as they would prefer to do i t themselves. He felt that would bring the price down considerably. The Counc i I questioned whether everyone would agree to do that and on what could be done If someone wouldn't restore the boulevard in front of their property. Mike Beal. 3153 164th - stated most people are very good about taking care of their lawns. He too felt that the residents would do a better job of restoring the boulevards. Counc i I discussed various options If someone wouJd not restore the boulevards. One was to give the residents 30 days to restore the boulevards or the City wi I] do I t and add the cost to their assessment for the project. Another was to give the residents untlJ June 1 , 1991. to restore the boulevard or the CI ty wi] I do It and assess the costs. William Manske. 3040 164th Avenue - asked how the drainage at the end of 164th was finalized, how much water wlJI be going between the lots, and whether a I I of it can be directed to the end. Mr. Cook reviewed the drainage plan noting most of the water wi I I drain to the east to a sma I J pond. The curb cut is to direct the extra water between Lots 11 and 12 as needed for a backup out Jet, but it is anticipated very littJe water wi I I run in that direction. One woman stated the person who owns the end lot is not present this evening, but she understood the drainfield for that Jot is close to the proposed pond. Mr. Cook stated the pond wi11 actuaI]y be lower than what is there now, but he wi 1 J check that further. Jim HartwelJ. 3021 164th Avenue - asked If anything wlJI be put In front of the pond or something done to keep people from driving off the end of the turnaround on 164th. Mayor ElJlng stated they may have to put up barricades and reflectors. Mr. Hornsten - asked If they are paying for CJass 5 for this project, understanding that the City Is supposed to have Class 5 to begin wi th. That road never had it. The Engineers expJained the road will be graded and four Inches of Class 5 added to the road before blacktopping. The City code did caI] for Class 5 in new deveJopments at one time, but it now requires bJacktop. It has been the policy that the residents In the project pay al] the costs involved with that project. Penny Leonhardt. 16340 Jonqu II Street - asked about the west end of 163rd. Mr. Cook stated that was not bid. ] Regular City Council Meeting Minutes - July 17, 1990 Page 6 (Award BId/90-2/163rd, 164th, Jonqui 1 , Continued) Wallace Kalbunde. 3055 163rd Lane - asked about the drainage off 163rd. how I t w I I I be control led, how i t wi I I affect his ponds, and what work wi II be done on the ponds. Mr. Cook reviewed the storm drainage In that area, noting any work done to the pond will be just enough to keep the ponds equalized. It will probably be done with a backhoe or bobcat, and the excess dirt will be put a]ong the border wi th the industr i a I park to keep the water from that industrial park from draining onto his property. He felt they can berm it such that the water can be diverted back to go Into the industrial park pond. Discussion with some residents was also on the additional costs Included In the assessment for legal. engineering. and administratIve, wi th Mr. Schrantz Indicating typically those costs run 25 percent of the project costs. The attorney and engineers are on retainer. A resident asked about paying off a portion of the assessment with the remainder going on the tax rolls. The Counc II explained the provision of pay i ng off the entire assessment before It is certified or paying it yearly with the real estate taxes. The resident was aSked to contact the Finance Director to discuss it further. There was also some discussion on the problem with the storm drainage In Hughes Industrial Park since the road was paved and the lots were developed and paved. Mr. Kalbunde noted that water now runs toward his property, alJegingthe Industrial Jots were graded to slope in his direction. Mr. Cook thought a storm drainage project may need to be done for that area in the future to direct the drainage to the south. If that Is ever done. those costs would be paid for by those in the industrial park. Mr. Theis - noted he has a bouIevard on two sides of his lot, asking how much it wi II cost him to do the restoration. Counc i I noted it wouJd cost those lots with side yards twice as much as anyone else if the residents did the restoration themseIves rather than including It as part of the proj ect. It affects three Jots In the project and Lot 22 off Round Lake Boulevard which Is not being assessed. Though there was some sentiment to al low the property owners to do their own restoration. there was also some concern over the problem of what happens to those who do not do it and with those who have two side to restore. Also, because the existing road is not on center. some may have a wider boulevard to restore where the road is shifted. MOTION by Jacobson, Seconded by Knight. the ResoJutlon accepting bids and awarding contract for the Improvement of Project No. 90-2 for street construction in the area of 164th Avenue/163rd Lane/Jonquil Street as prepared. to WllJiam B. Miller for a cost of $60,995.50, and and an addendum to the Resolution as prepared would be to delete the sodding expense except for that amount which is necessary tor erosion control. ] Regular City Council Meeting Minutes - July 17, 1990 Page 7 (Award BId/90-2/163rd, 164th, Jonqui I, Con tI nued) DISCUSSION: Councllmember Jacobson stated the Intent was the boulevards would be left as sand and the residents would do the restoration with black dirt and seed or sod. Mr. Cook noted the bou I evards wi I I be graded but I eft as sand. Jim But Jer. 3061 164th Avenue - asked about the trees planted In the boulevards where there Is no sod now. Councilmember Jacobson stated he is reacting to what he heard the majorIty of the residents want and letting them do it themselves rather than having it done in the project at a higher cost. VOTE ON MOTION: YES-Jacobson, Perry; NO-EI ling, Knight, OrtteJ Motion fai led. MOTION by Knight, Seconded by Orttel, that we accept the ResoIution as written with the exception that the sodding be left to the homeowners except for those lots where there are two sides to pay for, and those people would only have to pay one side and the rest of It wou I d be bu I I t Into the project. (See Resolution R089-90) DISCUSSION: Councilmember Knight stated the intent Is those four lots wi th side lots would onIy restore one side, the other would be done In the project so they do not have to bear twice the cost for restoration. It IncJudes Lot 22 which Isn't In the project. The cost of doing the sides of those four Iots would be built Into the cost of the project. He also thought that on those Iots, those areas which are currently seeded would be restored by seed: those side yards now sodded would be restored with sod. VOTE ON MOTION: YES-El ling. Kn i gh t , Orttel: NO-Jacobson, Perry Motion carried. In further discussion on the consequences for not restoring the boulevards by the residents, Counc I 1 suggested the neighbors first talk with those who do not comply. At the time of the assessment hearing. the Counc 11 will determine if any property owners have not restored the boulevards. The Intent would be to then have the City do it to prevent erosion and visual blight along the street and to add those costs to that property owner's assessment. BRO-MIDWEST VENDING SPECIAL USE PERMIT Chairperson Pease reviewed the Planning Commission's recommendation to approve the Special Use Permit request of Jim Broberg for Bro-Midwest Vending to place coin-operated vending machines at Woodland Creek Golf Course Clubhouse. Counc i I noted that Special Use Permits go with the parce J , not an Individual or company. In this case the permit should be Issued to Woodland Creek Golf Course to alJow other vendors on the premises as well. ] Regular City Council Meeting Minutes - July 17, 1990 Page 8 (Bro-Mldwest Vending Special Use Permit, Continued) MOTION by Knight. Seconded by Orttel. the ResoJutlon as presented subject to the written approval of the property owner. (See Resolution R090-90 granting the Special Use Permit request of Bro-Mldwest Vending to operate coin operated vending machines at Woodland Creek Golf Course Club House. 3200 South Coon Creek Drive) DISCUSS ION : Gary The I I and. 3324 South Coon Creek Drive - objected to the permIt because the machines are already in, because the City should not be allowing beer and cigarettes adjacent to a park. and because he didn't feel It Is needed. He was concerned that this wi II only create problems and more cigarette machines are not needed in Andover. Counc II noted the ordinance does not address beer and cigarettes adjacent to city parks, only in relation to churches and schools. It was also generally felt that golf courses In general do not generate a lot of police calls. Mr. Theiland - argued the children wi I I be drawn to It from the nearby park. He was also concerned about the age of the person working at the clubhouse and the enforcement of the law. Jim BroberG. Bro-Mldwest VendinG - explained the State law is cigarette machines must have a lock-out system on them. He explained how the system works, noting no one can buy cigarettes from the machine unIess the employee behind the counter allows it. There have been no problems with the other lock-out machines he has installed. The Jaw also has a high penalty for the person selling the cigarettes to minors. Dan ? . 14417 VintaGe - stated the developer of the go I f course had severaJ citations levied against by the EPA during Its construction, hinting that may be an indication of how well regulations will be enforced. He did not know If the guidance on this machine would be properly observed or that the cigarette vending machine wi I] be supervised. He asked that the machine be in constant supervision. Counc i I noted that the non-intoxicating malt liquor license requires an adult to serve it and the permit requires the machine to be inside the cJubhouse. There was further discussion on the permit, with Mr. Broberg giving further explanation of how the cigarette machine works and the two residents repeating their concern over installing it where the youth can have access to it. The Counc i I generaJ Iy was satisfied with the safety precautions being taken, noting the situation can be looked at again at its annual review. VOTE ON MaTI ON: YES-Ell lng, Kn I gh t , Ortte I , Perry; PRESENT-Jacobson Motion carried. ] Regular City Council Meeting Minutes - July 17, 1990 Page 9 BRO-MIDWEST VENDING CIGARETTE LICENSE MOTION by Orttel, Seconded by Perry, that the Counc I I authorize the Issuance of a I icense to sell cigarettes at the Woodland Creek Golf Course Clubhouse subject to approval of the owner of the property for the Special Use Permit and subject to their being only one machine, and that it be continually monitored by a lock-out device while on the premises. Motion carried on a 4-Yes, l-Present (Jacobson) vote. Mr. ? - asked that the machine be monitored by an adult. Counc i I noted because of the non-intoxicating malt liquor license, an adult wouId be In charge. Cigarettes are regularly sold in stores by persons under age 21. Also, an adult in charge does not necessarily mean the rules wi I I be complied with. WOOTEN VARIANCE Chairperson Pease reviewed the Planning Commission's recommendation to approve the variance request of Donald Wooten. 13537 Heather Street to expand his existing 4-season porch. Dave Almgren. Building Official. noted the variance would increase the existing encroachment on the side-yard setback. Dennis Wooten. 13537 Heather Street - stated his home was built three owners ago: he had nothing to do with the placement of the bui Iding. With this addition, he Is not getting any closer to any structure. which he felt Is the Intent of the law. and Is within all other guidelines. The problem is with the angle of the side lot line, and he explained how he wanted to construct the addition to keep the I I nes of the house aesthetically pIeaslng. In further discussion. the Staff noted they have not been able to find any reference to a variance for the first encroachment on the side yard. Counc i 1 also noted this increases that encroachment 10 Inches and is basically because of the configuration of the lot and an error by the builder in the placement of the house. MOTION by Perry, Seconded by Knight, Introducing a Resoltuion granting the variance request of DonaId R. Wooten, 13537 NW Heather Street to expand an existing covered porch into the side yard setback: that the reason for the granting of the varIance Is because of the original building error. (See ResoIution R091-90) Motion carried unanimously. ORDINANCE 8. SECTION 7.03 AMENDMENT/ADULT USES Counc i I was concerned that the adult uses were allowed In Neighborhood Businesses and Shopping Centers. This item was discussed again later In the meeting after the Attorney had a chance to review the original ordinance. 1 Regular City Council Meeting Minutes - July 17, 1990 Page 10 KENSINGTON ESTATES 6TH ADDITION FINAL PLAT Mayor EI ling stated the ordinance requires this to go back to the P & Z: however, the developer has asked this to be In the Agenda tonight. Jerry Wlndschitl. Developer - stated it makes no sense to go back to the Planning Commission. This section Is in complete compliance with the ordinances; no variances are needed. Six lots are being plated and were approved in the preliminary plat. Mayor Elling expressed concern over the 50-foot right of way and what wlJ I happen to the area to the east if the restrictions being talked about by the EPA and MPCA are implemented. With those restrictions and this plat. he questioned whether enough Jand Is left to develop adequately. Mr. Windschltl - stated these lots conform completely with the ordinances and are not even close to the 200-foot restriction being talked about. These are non-controversial Jots and have mlnlmaJ, if any. effect on whatever is done to the east. It the 200-foot restriction takes place. he said there wi I] be a Joss of Jots regardless. Mr. Schrantz noted the questions and concerns on the easterJy property if the 200 feet become a reality. Counc i 1 noted the developer is fulJy aware of the proposed restrictions and the potentlaJ problems and loss of lots. Mr. Davidson addressed the installation of sewer and water through this area and to serve the area to the east. The developer has agreed to pay the additional cost for a deeper line which will be able to serve the area to the east. That change order Is before the Council this evening. He didn't feel the proposed final plat would affect the service of utlJitles in that area. MOTION by Jacobson, Seconded by Perry. the Resolution approving the final pJat of Kensington Estates 6th Addition as prepared with the understanding that the deveJoper understands that by doing this at this time that there wi I 1 be considerable loss of other Jots just to the east of this property in the very near future and he acknowledges that he is aware of that and there may need to be radical changes in the plat just east and north of the property due to pending di ff I cu It i es in the area. (See ResoJution R092-90) Motion carried on a 4-Yes. i-No CEiling) vote. APPROVE CHANGE ORDER/90-3 MOTION by Knight. Seconded by Jacobson, move both change orders as presented. Motion carried on a 4-Yes. i-No CEll ing) vote. Regular City Council Meeting Minutes - July 17. 1990 Page 11 ORDINANCE 8. SECTION 7.03 AMENDMENT/ADULT USES Attorney Hawkins stated the ordinance does not speciflcalJy say adult uses can't be in any other zone. It reads those uses are not allowed in residential zones and pJaces restrictions as far as distances from residential. etc. Counc i 1 remembered such uses would not be allowed in Neighborhood Businesses and the existing Shopping Center because of the distance restrictions; however, they felt such uses should not be allowed in any shopping centers. MOTION by Jacobson. Seconded by Orttel, the proposed Ordinance 8NNN amending Ordinance before us and make sure it is deleted as intended, Adult Use Businesses from Neighborhood Businesses and Shopping Centers. DI SCUSSION: Counc I I agreed Adult Use businesses would be allowed in General Business and Industrial areas only. MotIon carried unanimously. PETITION FOR IMPROVEMENTS/KENSINGTON 6TH ADDITION MOTION by Knight, Seconded by Ortttel. the Resolution as presented. (See Resolution R093-90 declarIng adequacy of petition and ordering preparation of feasibility report for Project No. 90-16) Motion carried on a 4-¥es, i-No (EI ling) vote. RELEASE GRADING ESCROW/RED OAKS 6TH ADDITION MOTION by Knight. Seconded by Orttel, the Resolution approving the final grading of Red Oaks Manor 6th Addition. (See Resolution R094-90) Motion carried unanimously. KENNEL LICENSE RENEWAL/DOVER KENNELS MOTION by Knight. Seconded by Orttel, to so move the I icense renewal for Dover Kennels. 16422 Hanson Boulevard. Motion carried unanimously. ACCOUNTING FIRM DISCUSSION Mr. Koolick reviewed the options avallabJe to hiring an auditing firm for the City as outlined in his July 17 Agenda material. After some discussion, the Counc i I suggested Mr. Koolick contact two or three reputable firms. interview them, and make a recommendatIon. Counc I 1 genera] Iy agreed they wanted to change the auditing firm hired by the City. The new firm will be asked to do only an audit for the first year or so but additionaJ services may be asked for In the future. The Counc i 1 asked for quotes on those services. Regular City Council Meeting Minutes - JuJy 17, 1990 Page 12 UNION AGREEMENT DISCUSSION MOTION by Knight. Seconded by Jacobson, that we approve the Union Contract as It was presented some time ago by Mr. Schrantz without the stipulation regarding the county youth program. Motion carried on a 4-Yes, l-No (Elling) vote. APPROVE TEMPORARY FULL-TIME PUBLIC WORKS EMPLOYEE MOTION by Knight, Seconded by Orttel, that we approve the hiring of a non-permanent full-time employee as requested by Frank Stone. Motion carried unanimously. SET 1991 BUDGET CALENDAR MOTION by Orttel. Seconded by Knight, that the Counc I I accept the proposed budget caIendar for the 1991 budget as set out by the Finance Director. Motion carried unanimously. Counc i I noted the scheduling of a special meeting on the proposed budget on July 31. SPEEDY MARKET REQUEST/PERMIT Attorney Hawkins advised the ordinance does not al low for the issuance of temporary permits, reviewing the procedure for applying for Special Use Permits. Ms. Bosel i handed out copies of the ordinance and background information regarding the permits acquired by the Downtown Center to cover outdoor salessimillar to what Speedy Market Is requesting. Councilmember Orttel felt there may be an error In the Interpretation of the ordinance, as Section 7.03 of Ordinance 8 generally refers to more permanent type outdoor displays having to do with the primary uses, not the temporary selling of hotdogs and pop outdoors. He feIt it was absurd to have to go through the Special Use Permit process just to se] I hot dogs outdoors for two days, that there should be some In-house permitting process for that. Bob Schroeder - stated they are willing to apply for a permit to be able to do this annualJy, but they would like somethIng to be able to sell outdoors this coming weekend. During further discussion the Council regretfully toJd Mr. Schroeder the ordinances do not allow for temporary permits. Ms. Bosel I stated she has not had an opportunity to study it, but it may be possible to Issue a permit under the TransIt Merchant Ordinance, which regulates any person dOing business in the City on a temporary basis as the Coke wagon is. No action was taken. Regular City Council Meeting Minutes - July 17, 1990 Page 13 (Speedy Market Request/Permit. Continued) Counc i I suggested the Planning Commission look at the ordinance and recommend clarifying it, possibly having something other than a Special Use Perml t for hot dog stands and temporary outdoor sales. MOTION by Knight, Seconded by Orttel, to so move. Motion carried unanimously. BOB DILLON REQUEST Attorney Hawkins explained that Robert's Rules of Order applies to the parlimentary procedures of the Fire Department. and the other documents and regulations govern Its activities and outlines the authority of the Fire Chief. When the rights of the chairman of the deliberative body as outlined in Robert's Rules of Order conflicts wi th the authority of the Fire Chief as outlined In the Constitution and By-Laws, the Constitution and and By-Laws supersede over the general provisions of Robert's Rules of Order. Mr. Hawkins stated there Is a special provision In the ordinance or constitution of the Fire Department that gives the authority of the membership to designate a committee for the purposes of taking certain action, and he fel t the Department can give those committees the authority to make pol icy. He did not know if the membership did transfer that authority to the Building Committee, but there is a provision for it. Mr. Dil Jon stated that determination answers most of his questions. He also noted his handout regarding his reponse to the Aldrich Report which he fe]t demands some public consideration. Counc i I agreed to review his comments. No further action was taken. APPROVE PLANS AND SPECS/19-12/BENT CREEK SIDEWALKS MOTION by Knight. Seconded by Jacobson. to so move. (See Resolution R095-90 approving fInal plans and specifications and ordering advertisement for bids. Project 90-12. Bent Creek Estates sidewalk) Motion carried unanimously. APPROVE PLANS AND SPECS/90-13/CREEKRIDGE SIDEWALKS Mr. Haas stated the City is in the process of obtaining a permit from the Corps of Engineers to fiJ] in a portion of a flood fringe area and a wetland area for a park. The residents had suggested a sidewalk be built along South Coon Creek Drive, and the Staff determined it shouid be placed on the south side of the road. Several people are opposed to the location and the sidewalk i tsel f. Regular City Council Meeting Minutes - July 17, 1990 Page 14 (Approve Plans and Specs/90-13/Creekrldge Sidewalks. Continued) Mr. Haas explained the plan Is proposed to be one foot from the property line. Severa] residents from the south side of South Coon Creek Drive spoke objecting to the fact that they were not notified that the City was planning to Instal I a sidewalk on their side of the road, that it is proposed to be too close to their property lines, that It should be put on the other side of the street rather than cut down their trees. and there is no proposal for crosswalks, yield signs. etc. They also were concerned that the sidewalk Is planned to go In before It Is even known that the park wi J I be bu I It. one resident stating he didn't fee] the wet1and should be fi]Jed In for a park. Counc i I noted the intent was for the safety of the ch II dren , getting them to the park and keeping them off the road. Mr. Haas stated a lot of money would be spent removing trees I f the sidewalk was placed on the north side, and It is quite steep. He also showed the pJacement of the utilities; and to avoid them, the sidewalk must be placed closer to the Jot lines. Mr. Haas also reviewed the events leading up to the proposal and recommendation to put It on the south side. After further discussion. the Counc i ] agreed to table any action on the sidewalk until the park is approved. They also asked Staff to look at the possibility and costs of placing the sidewalk on the north side of South Coon Creek Drive. Once the park is approved, a pubJ ic hearing is to be held of residents on both sides of the road to determine the sldewaIk situation. Mayor EI ling asked for a motion to table the Item. MOTION by Jacobson, Seconded by Knight, to so move. Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Knight, to approve Items 18, 19. 20 and 21. (See the foJlowlng: R096-90 - Approve speed study/University Avenue Release escrow/13380 Hidden Creek Drive R097-90 - Approve final payment/89-24/CommerciaI Park pond Award bid/90-6 Bunker Lake BouJevard) Motion carried unanimously. MOTION by Knight. Seconded by Orttel. to reconsider Item 21 (Award bid/90-6 Bunker Lake Boulevard) Motion carried unanimously. Mr. Davidson reviewed the resuJts of the bids for Project 90-6 in the area at Watts Garden Acres, Lot 1. There was no petitIon for Phase II and no right of way has been acquired. Phase II wou1d require a 4/5 vote of the Counc i I for approva I . Regular City Council Meeting Minutes - July 17, 1990 Page 15 (Non-Discussion Items. Continued) Counc i I discussion noted that It would be difficult and time consuming to do Phase I I I f the property owner is not willing to provide the easement. Mayor Elling agreed to talk with Mr. Batson regarding his position on the proposed project. Counc i 1 agreed to table the item untJ 1 that Information is received. MOTION by Jacobson, Seconded by Knight. to table Item 21 IndefiniteIy. Motion carried unanimously. AWARD BID/90-15/CROSSTOWN WATER EXTENSION Mr. Davidson reviewed the bid received to extend the water trunk to the north side of Andover Boulevard to get the watermain out of the construction area for the new bridge Anoka County Is constructing over Coon Creek on Crosstown Boulevard. MOTION by Perry. Seconded by Knight. a Resolution acceptIng bids and awarding contract for the improvement of Project No. 90-15 for trunk watermaln construction in the area of Crosstown Boulevard and Andover Boulevard. (See Resolution R098-90) Motion carried unanimously. WDE UPDATE Mayor EIJing briefIy reviewed the proposed assessment formula for sanitary sewer the WDE Site. One problem is determining which number of residential equivalent units to use. since i t is not known how much the flow wi 11 be. A suggestion was to postpone the assessment untiI after the first year; only the area and connection charges would be collected and an escrow for the minimum amount. During the first year the flow would be monitored and the assessment would be based on actua] fIow. There would also be a user's fee. No further action was taken. APPROVAL OF MINUTES MOTION by Perry, Seconded by Knight, approval of the JuIy 3 Minutes. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Knight, approval of Claims as presented for $6.514.081.97. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, to adjourn. MotJ on carr I ed unanimously. Meeting adjourned at 12:41 a.m. Respectfully sUbmltte~ ~~~ Ma cella A. Peach. Recording Secretary