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HomeMy WebLinkAboutCC March 20, 1990 /~ CITY of ANDOVER Regular City Council Meeting - March 20, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes camp Fire Birthday Week proclamation Earth Week Proclamation Discussion Items I. Continued Assessment Hearing/87-3B 2. Public Hearing/90-2/163rd & Jonquil Area 3. Clyde Russell Park Dedication Fee Disc. 4 . Economic Development Committee Report 5. Walker Lot Split 6. u.S. West Special Use Permit 7. Kimberly Oaks Sketch plan Staff, Committee, Commission 8. Accept Street Sweeping Quotes 9. Charter Commission Discussion Non-Discussion Items 10. Receive Petition/1950 Bunker Lake Blvd. II. Accept Road Easements/Outlot A, Rolling Forest 12. Approve Resolution/Grading Lots, Indian Meadows 13. Refund Escrow/Echo Hills 14. Award Bid/90-3/Kensington 5th Approval of Claims Adjourn ~ -._~..~-. ¡ 'CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304· (612) 755·5100 ',~.. REGULAR CITY COUNCIL MEETING - MARCH 20, 1990 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on March 20. 1990. 7:30 p.m.. at at the Andover City Hall. 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, Knight. Orttel. Perry Counc I 1 members absent: None Also present: City Attorney. William G. Hawkins: TKDA Engineer, John DavIdson; BRA EngIneer. Shawn Gustafson: Assistant City Engineer. Todd Haas: City Planner, Jay Blake: City Finance Director. Howard Koolick; and others RESIDENT FORUM Rosella SonstebY - stated she was before the Council several months ago about the amount of her property assessed for the Dehn's Pond project. She received a letter from Mr. Hawkins which stated her benefit should be reduced by $3.648. She asked where he got those figures. Mr. Hawkins replied they were given to him by the City Administrator. Ms. Sonstebv - stated her engineers and the county have both calcuated a reduction of $7.842.30 using the same topography maps. She believed more work needs to be done on this I tern. Ms. Sonsteby also felt the trade-off made between Andover and the City of Anoka with regard to drainage areas was a misuse of the power of the publ ic officials. She felt it is unfair because water from Anoka runs onto her land and the Good Value area east of Round Lake Boulevard was diverted to the west side. Also. the people In Chapman's Addition paid for ponding for storm drainage, stating Good Value did not pay for but does use that pond. Ms. Sonsteby felt she should have a public hearing regarding her assessments to the Dehn's Pond project. She also noted several hearings have been held on Kensington Estates, understanding that no interest was charged for one year on that assessment. She asked who pays for that. Mayor Elling stated TKDA wi II look at her calculations again. AGENDA APPROVAL Mayor EI ling suggested the fol lowing additIons to the Agenda: 7a, Holme & Raudlo Sewer Connection: 9a, TIF Funds: and 9b. Safety Committee Request for FIre Department Update. MOTION by Knight, Seconded by Orttel, approve the Agenda as amended. Motion carried unanimously. , - - -- . Regular City CounclJ Meeting Minutes - March 20. 1990 Page 2 APPROVAL OF MINUTES MOTION by Perry, Seconded by Orttel. the March 6 Regular Council Meeti ng as we I I as the Special Closed City Council Meeting. Motion carried unanimously. CAMP FIRE BIRTHDAY WEEK PROCLAMATION Gretchen Sabel and several Camp Fire girls presented a cake to the Council. Mayor Elling read the Proclamation proclaiming March 12 to March 18, 1990. to be Camp Fire Birthday Week in the City of Andover. EARTH WEEK PROCLAMATION MOTION by Knight, Seconded by Orttel, the Resolution presented. (See Resolution R033-90 designating and proclaiming April 22, 1990 as Earth Day 1990) Motion carried unanimously. CONTINUED ASSESSMENT HEARING/IP87-3B Mayor EI ling continued the assessment hearing for storm drainage Improvement. Project IP87-3B, at 7:40 p.m. Mr. Davidson reviewed the changes agreed to at the last public hearing, noting the assessment rol I has been prepared on the basis of $1.239.12 per acre. Attorney Hawkins stated he did not have a meeting with the developer and his attorney. though Mr. Wlndschltl's attorney called him today offering to pay $100 per lot on all lots In the Kensington Estates development. Mr. Hawkins aIso felt the City established a new policy for assessing storm drainage on county and MSA projects when it assessed only $100 per parcel In IP88-1. with the City picking up the remaining costs. To be consistent with that new policy. he felt I t should be applied to the buildable parcels along Crosstown Boulevard In this project as wel I. He didn't belIeve the other areas are addressed in the City's policy, because they have the benefit of the improvement and were under a Development Agreement with the developer that the City would provide those services. It was his opinion that to accept the deveJoper's proposal of an assessment of $100 per lot In Kensington Estates would not be In conformity with that policy. Mr. Hawkins advised adopting this poJlcy prior to adopting the assessment roll on this project. Mayor El ling asked If the Counc II was wll ling to accept Mr. Windschltl's proposal to pay an assessment of $100 per lot In the Kensington Estates development. The consensus of the Counc i I was not to accept tha t proposa I . ,~ .-- - Regular City Council Meeting Minutes - March 20, 1990 Page 3 (Continued Assessment Hearing/IP87-3B) Counc I I then discussed the Attorney's suggestion to assess existing bu I ] dab I e lots aJong county roads $100 for storm drainage improvements. Councilmember Orttel asked whether this parcel only applies to those lots along Crosstown BouJevard or would also apply to existing parcels in Shady Knoll. The Oaks, and Woodrldge Acres. Mr. Hawkins didn't think the policy addressed that issue. The IP88-1 policy was for $100 per lot which fronted on Crosstown Boulevard. Further Counc II discussion noted those parcels not abutting Crosstown in IP88-1 were either assessed for storm drainage In the Red Oaks project or was property owned by the City, Mayor El ]ing felt there was some inconsistency In the way existing residents not abutting the county road were treated. In IP88-1. those lots were not assesed because they paid a storm drainage assessment In another project. In IP87-3B. the proposal is to assess those areas in Shady Kno I I that have now been put Into this drainage area even though they too,paid a storm drainage assessment In a previous project. Mr. Davidson noted that the Counc II had agreed to credit those lots In Shady Kno II for the amount of storm drainage assessment charged against them in another project. Councllmember Orttel preferred to see no assessment at all for those lots along Crosstown Bou]evard, as was the original pol icy. He noted that those residents along IP88-1 first received a letter from the City that they would be assessed up to $100 for storm drainage: but at the public hearing the Council agreed there would be no assessment against them. This Counci I then moved for the $100 assessment. which he felt was against estabJlshed policy. Mr. Davidson stated it appears Parcel 36. PIN 27-32-24-31-0036 may have been excluded from the assessment roll. He wi I 1 have to research whether or not it was included In the overall area when the assessment rate was established. It may have been included but inadvertently I eft off the assessment ro]] . He assumed the same list was used for public hearing notification: therefore, this lot may not have been notified of the assessment hearing. Mr. Hawkins advised that notification should not affect the Council's action, as noti f I cati on and hearings can be held separately for this parcel. The hearing was then opened to public testimony. Jerry Wlndschltl. Developer of Kenslnoton Estates - felt the assessmen t ro I I as prepared is a defective rol I. He stated the accumulation of those errors has a significant impact on the development of Kensington Estates. He wanted the record to show that the Counc II Is now aware that the reI I Is deficient with some substantial errors, wi th those errors having the effect of shifting costs to him. ,. ,-- Regular City Council Meeting Minutes - March 20. 1990 Page 4 (Continued Assessment Hearlng/IP87-3B) Mr. Wlndschitl noted the exclusion of Lot 36. He also noted that the gross area includes all his lots on Crosstown Boulevard even though they don't front on Crosstown, as well as those along South Coon Creek Drive, even though that road was paid for by MSA funds. The gross area for those lots goes to the center of the roadway and Includes areas that have never been assessed in Andover before. Mr. Wlndschltl also asked what Is the criteria for determining which lots wi II be assessed only $100. Is the Intent to assess property as it exists today or as It existed when the project was first started. noting the Minutes of June 2, 1987. when this was first considered. Attorney Hawkins advised those lots to be assessed $100 would be those at the time the Improvement was constructed -- lots with homes on them or lots that could be developed without this improvement. He ca II ed it the "but foc" test. Those properties in the drainage area that could not have been Improved "but £or.ll this Improvement would receive a fu II assessment. Mr. Hawkins also noted an appraiser has advised that preliminarily there is much more of a market value Increase for these lots than the amount of the assessment. Mr. Davidson explained the assessment was based on gross acreage from the center of Thrush Street, South Coon Creek Drive. and Crosstown Boulevard, divided by the number of lots and each lot In the subdivision assessed equally. That Is normally how it Is done. Councllmember Orttel surmised the developer Is not necessarily paying more because the easements are Included in the gross acreage since the money received from the county for storm drainage was used to lower the total cost of the project. He didn't think that easement shouid be taken out of the gross acreage. Karen Arnold. 14385 Raven - questioned whether the Council is dealing in good faith. She noted the Council continued the hearing to have a chance to negotiate with the developer and to settle the Issues: yet tonight she hears there was no meeting with the developer and It doesn't sound like the Council settled anything since the last meeting. She stated she doesn't want to come back for a sixth meeting to decide something that should have been done 2 1/2 years ago. Rick Linnqren. 2127 142nd - asked where this leaves those property owners who moved Into Kensington Estates after June 2. 1987. Do they get the $100 assessment or the full amount. Mayor Elling noted It would be the full assessment because those lots were not there prior to the project. Mr. Linnqren - stated that is not fair to any of them who moved out there, asking why it took so long to get this stralghed out. Mayor EI ling agreed it Is not a good situation, and explained one ot the problems was the negotiations with the county. -._,~ ..-- -> , .. - Regular City Council Meeting Minutes - March 20, 1990 Page 5 (Continued Assessment Hearlng/IP87-3B) Mayor EJ ling asked for a motion to close the public Input portion of the hearing. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. Discussion returned to the point raised by Mr. Windschltl on determining gross acreage from the center of the county and MSA roads. After a brief discussion, Counc i I agreed the gross acres should stand as determined by the Engineers. No change. Ms. Arnold - asked If the balance of those lots being assessed only $100 Is to be spread back Into the project or paid for by the City. Mr. Hawkins advised It wouJd be paid for by the City. Counc i I agreed the Engineers should determine whether or not Lot 36 was Included when the tota I gross acres was calculated. MOTION by Jacobson, Seconded by Perry, that we direct Staff to prepare a resolution for Counci I approval at the next Regular Council meeting which would reflect the fact that the Counc II wishes to assess on county drainage projects. such as the one under discussion this evening, pre-existing buildable lots the amount of approximately $100 per unit as a policy in the future, and direct Staff to look at that $100 figure and give Council a recommendation as to whether that should be escaJated by some index in the coming years: any remaining property wouJd be assessed based on benefit received. DISCUSSION: Counci1member Orttel felt this is contrary to the policy agreed to at the previous meeting (Special Meeting, March 15, 1990). He didn't think it addresses the issue of the existing lots in the other subdivisions that are included in this drainage area such as Shady Knolls and The Oaks. Mr. Hawkins agreed the policy has broad implications, but deals with county road or MSA storm drainage projects. Councllmember Jacobson AMENDED the motion to "... a minimum of $100.. . " Second stands. DISCUSSION: Mr. Hawkins noted the $100 charge is not based on any cost of the City: it is a pol icy established by the Council on a previous project. and he didn't think It wouJd be appropriate to arbitrarily change it to $200, $300. or some other figure In another project. AMENDMENT TO MOTION by Knight, Seconded by Perry, to make I t a "... fJat $100 per unit..." VOTE ON MOTION AS AMENDED BY KNIGHT: YES-Ell ing. Kn i gh t . Perry; NO-Jacobson. Orttel. Motion carried. -- ---- >-- -- - Regular City Council Meeti ng Minutes - March 20, 1990 Page 6 (Continued Assessment Hearing/IP87-3B) Councllmember Jacobson stated he didn't like the flat rate of $100. preferring instead to have more flexibility by using a minimum rate. MOTION by Perry, Seconded by Jacobson, the Resolution adopting the assessmen t ro J I for the improvement of storm drainage, Project No. 87-3B. wi th the folJowing notations: that Parcel No. 36 be Included In the assessment area, and direct Staff to prepare the correct assessmen t ro 1 I for review for our next regularly scheduled meeting. Motion carried on a 4-Yes. i-Present (Orttel) vote. Counci Imember O~tte] didn't believe It was a proper use at the assessment polley to assess the existing properties $100 to pay for the fact that they were deprived of the right of prior review and approval. which has been a long-standing policy In the City. Mr. Windschltl - asked if the 3D-day time period for appeal begins today. The Counc i 1 and the Attorney discussed the previous motion. noting the concern over whether or not Lot 36 was Included in the gross acreage calculations. Under the circumstances, the Attorney felt that the final roll would not be adopted untlJ It was brought back. MOTION by Jacobson. Seconded by Knight. to reconsider the prior motion. Motion carried unanimously. MOTION by Perry. Seconded by Jacobson. that we direct Staff to amend the assessment roJI for the Improvement of storm drainage Project No. 87-3B including the assessment policy that was adopted this evening as it pertains to pre-existing buildable lots; also Include In the assessment roll Parcel No. 36 (PIN 27-32-24-31-0036) which may previousJy have been excluded: and that should be returned to the next regularly scheduled City Council meeting with a corrected assessment roll for Project 87-3B. DISCUSSION: Mayor El ling asked about assessing the year's interest that must be paid on the bond. Attorney Hawkins thought there may have been some arbitrage on the bond to pay that Interest. Counci]member OrtteJ fe]t If i t is going to be Included, it should be a supplementaJ ro] I. Motion carried on a 4-Yes. i-No (Orttel - not In favor of the change In the assessment policy) vote. PUBLIC HEARING/IP90-2/163RD AND JONQUIL AREA Mayor EI ling cal led the hearing to order at 9:00 p.m. Mr. Gustafson reviewed the feasibility report for the project noting the alternate of constructing 163rd Lane to the west so two lots wouJd not have to access directly onto Round Lake Boulevard. The estimated assessment for each at the 16 lots on the base bid would be $4,290. It wou I d be $4,500 for each of the 18 lots if the alternate is done. The costs do not reflect drainage easement costs. Mr. Gustafson also reviewed the storm drainage pJans for that area. - ._-~ -~- - ReguIar City Council Meeting Minutes - March 20. 1990 Page 7 (Public Hearlng/IP90-2/163rd and Jonquil Area, Continued) Testimony was then opened to the public. Mike Leonhardt. 16340 Jonquil, Lot 33 - noted If 163rd Lane is constructed to the west. driveways from Lots 1 and 34 would have to come over a very steep hil I. He questioned that engineering and wondered where that would drain. Mr. Gustafson explained several trees wl!l have to be removed, a small shed wouJd be removed, and a cuI de sac built at the end of 163rd Lane. The plan Is to drain all that water to the east of 163rd. but detailed engineering has not been done yet. Mr. Leonhardt - stated he owns the shed that would have to be moved. and he was given a permit by the City to build it there. He understood the City to say it was going to vacate that part of 163rd Lane west of Jonquil Street. He also noted the drainage in that area has been of little consequence. If Lots 34 and 1 would be assessed. he felt Lot 22 should also be assessed even though it faces Round Lake Boulevard because It has a driveway onto 164th Avenue. Gerald Erlandson. 3031 164th Avenue - asked about the drainage area proposed on the east side of his lot and about directing the drainage to the east through the field. Mr. Gustafson explained It would be a one-foot deep ditch as an overflow from the pond south of the road. He didn't anticipate much water In that ditch, as It Is only an overfJow. It may be possible to go through the field, but it would have to be deeper. The pond would be about 40 x 60 feet and would be excavated one to two feet. If 164th ever went through to the east. the storm water would have to be carried north to the ditch and the pond and the ditch between Lots 12 and 11 would have to be abandonded. Jim Hartwell. 3021 164th Avenue NW. Lot 11 - asked how far out the ditch would be. Mr. Gustafson estimated it would be about 12 feet wide, feeling they could avoid the large trees. Mr. Hartwell - noted the proposed pond on the Gardner property Is about where her driveway Is. Right now the problem is aggravated because the water cannot get past a berm and into the field. Mr. Gustafson explained how the drainage is proposed to run down the road Into spillways on both sides of the cuI de sac and Into the pond. Mr. Hartwell - felt it is a natural drainage between his property and Mr. Erlandson's, but there has never been standing water on Lots 9 and 10 north of them. Will that have to be piped? Mr. Gustafson noted that needs more study, but reviewed the drainage In that area to the north. -.--,- Regular City Council Meetl ng Minutes - March 20, 1990 Page 8 (Public Hearlng/IP90-2/163rd and Jonquil Area, Continued) Mayor Elling suggested the Engineers look at moving the break point In the road further to the east so most of the drainage will go west to Round Lake Boulevard. Also, they were asked to look at running the drainage ditch on the eastern lot line of Lot 11 and at other options for drainage In that area. Mr. Gustafson agreed. Mr. Leonhardt - noted there is a large dry swamp on the west side of Round Lake Boulevard that should be considered as a pond for this area. Counc i I agreed the engineers should look Into that posslblJity as well. Counc i I discussed the alternative of constructing 163rd Lane west of Jonquil. Because of the high cost of constructing that portion of the road and because Lots 1 and 34 have access onto Round Lake Boulevard, the Counc i I generally agreed that that portion of 163rd should not be constructed and the easement should be vacated. Dennis Cleveland. 3126 163rd Lane. Lot 32 - asked if the road wi I I be put where it belongs, noting it has been moved over considerably by the grader over the years. Mayor EI ling noted they City generally tries to put the roads on the center of the right of way. Discussion was on the acquisition of easement for drainage. The pond Is proposed on the Gardner property, who signed the petition as a no. Mr. Leonhardt - felt that if she Is paid for the pond, she couJd use that to pay the assessment. He thought the no vote was more for financial reasons. Mr. CJeveland - asked if they wi I I be notified about the vacation of 163rd Lane to the west, noting they thought it had already been vacated. Mayor Elling stated that will be checked into further. but they wi I I be notified of ~ny hearings for vacating the easement. Wally Ka]bunde. 3055 163rd Lane - asked if there wi )1 be some construction of the pond proposed on the southern portion of his lot. Mr. Gustafson explained the water would eventually be routed to the pondlng In Hughes Industrial Park. Mr. Kalbunde - stated they have had a lot of water backing up on their property since Larson Plywood fll led their two lots In Hughes IndustriaJ Park two years ago. Mr. Gustafson stated the drainage for that area will be studied as a part of this project. Mr. Hartwe I I - asked about the kind of curbing on the project. Mr. Gustafson explained it Is a bituminous berm curb that is laid down with the paving. - --~ Regular City Councl1 Meeting Minutes - March 20. 1990 Page 9 (Public Hearing/IP90-2/163rd and Jonquil Area, Continued) Mr. Cleveland - was concerned about the drainage coming down Jonquil toward his lot. Mr. Gustafson explained the water will be held on the road with the berms and will be directed around the curve and eastward along 163rd Lane. MOTION by Knight, Seconded by Orttel. ordering the improvement. (See Resolution R034-90 ordering the Improvement of street construction, Project No. 89-2. In the 164th Avenue/163rd Lane/Jonquil Street area, and directing preparation of finaJ plans and specifications) Motion carried unanimously. Mr. Leonhardt - asked how long it will be before sewer and water comes out there, and are the septic systems in the Industrial park poJluting their wel Is. Mayor E1 ling noted that is outside of the City's MUSA area, and there are no plans for those utiJlties for their area. He also noted the City monitors the septic systems by ordinance. The hearing was closed at 9:49 p.m. CLYDE RUSSELL PARK DEDICATION FEE DISCUSSION Mr. Haas reviewed the background of the proposed lot split by Mr. Russell, noting the lot had a contract for deed on it prior to 1974 when the lots were accepted, though that deed has never been recorded. Staff's interpretation of the ordInance Is that park dedication fees are required for the lot sp lit. Clyde Russell - explained he has had those lots since the beginning but never recorded the deeds because they weren't paid for. Those Jots were assessed for the street improvement project. Attorney Hawkins did not believe the City had the right to coJ I ect for park dedication fees since they did have a contract for deed and they were valid lots at the time they were accepted. The deeds were not required to be fiJed at that time: they are now. MOTION by Knight. Seconded by Jacobson. that they are pre-existing Jots and park dedication does not apply. Motion carried unanimously. WALKER LOT SPLIT d'Arcy Bosel I, ZonIng Administrator, reviewed the lot sp JI t request of Michael Wa I ker. The Planning and Zoning Copmmission has recommended approval of the request with the conditions outlined in the Agenda material. - - -~- .- . Regular City Councij Meeting Minutes - March 20. 1990 Page 10 (Walker Lot Split. Continued) MOTION by Orttel, Seconded by Knight. a Resolution granting the lot split request of Michael G. Walker at 1640 NW 177th Avenue and granting a variance for setback along a major arterial, adding Point 7, this lot split will become void if not compJeted within 12 months of the passage of the Resolution. (See Resolution R035-90) Motion carried unanimously. U.S. WEST SPECIAL USE PERMIT Ms. Bosell reviewed the request of US West NewVector Group to erect an antenna tower for cellular communications and paging systems on Lot 2. Block 1 , Westview Industrial Park off Round Lake Boulevard and approximately 161st Avenue. Mayor EI ling was concerned that area Is becoming an antenna farm. Ms. BoselJ noted the only other legal antenna is the one for North Central Cable Company. There is one other tower that is not legal. MOTION by Knight. Seconded by Jacobson, a Resolution granting a Special Use Permi t to US West NewVector Group to erect an antenna tower In excess of 35 feet. (See Resolution R036-90) DISCUSSION: CounciJmember Jacobson was concerned about the placement of the tower on the lot, asking If It couJdn't be more centraJJy located so if it fe I J , it would stay within the lot. He was also concerned about multiple uses on this lot In the future. as this tower would be the primary use of the lot at this time. Ms. Bose I 1 explained the property owner has talked about developing the site for another use, and the tower has been located such that another use could be accommodated on the lot. She felt that because this is a quasi-public structure, another use on the lot would be allowable. John Erichsen. Consultant Planner to US West NewVector - stated they have done a considerable amount of research. noting the data on the design and structure of the tower. Also, In talking with the Ci ty Staff and the owner, they tried to pJace the tower In such a position that the lot could be put to a higher use In the future. not wanting to use up the whoJe parcel for what they consider a quasi-public use. Ms. Bosell noted the adjoining lots are all owned by the same property owner. Councilmember Orttel didn't think the ordinance allows the special use to be the primary use on the lot. VOTE ON MOTION: YES-Ell ing, Jacobson, Knight; NO-Perry, Orttel. Motion carried. ,. -.-- -- .- Regular City Council Meetl ng Minutes - March 20, 1990 Page 11 KIMBERLY OAKS SKETCH PLAN Mr. Haas reviewed the Kimberly Oaks Sketch Plan for R-l single famll y zoning off Hanson BouJevard. Mr. Haas stated the ARC Committee has suggested the possibility of straight lot I ines on Lots 1 and 4 to ease any potential subdivision in the future. Counc I 1 generally felt the sketch plan as proposed by the developer is acceptable, suggesting it now be taken to the Planning Commission. The deveJoper stated he would require the placement of the houses on the lots such that it would facilitate any future subdivision. HOLME & RAUDIO SEWER CONNECTION Mayor Elling reported when sewer and water was run down Bunker Lake Boulevard, the City paid to have sewer put In the existing house in Red Oaks 6th from the Interceptor. Staff though t it was to be a temporary connection, noting there Is no clean-out on the property line. The question now Is whether to require this line to be disconnected and to rerun a new servIce from the stub at 137th or to leave I t as it is. Also. no SAC Charge has been paid for this lot. Mr. Davidson stated their contractor installed the sewer as a temporary line, putting a Y into the trunk line and extending It to the property line. He though t the house was going to be removed when the platting took place. Frank Stone. Public Works Supervisor. stated he doesn't know where the line is hooked Into the house. Mr. Davidson stated they would have to check on that further. Norm Holme. developer - stated when they first bought the house there was a recorded agreement between the City and Barb Duerr stating the City would instal I the line by a certified p]umber. This was before there was a pJat. Nothing said it was a temporary 1 ine: they thought they had a permanent connection. Counc i 1 asked the Attorney to research the item for further consideration at the next regu]ar meeting. MOTION by Perry. Seconded by Jacobson. that we table this Item until the next meeting. Motion carried unanimously. ECONOMIC DEVELOPMENT COMMITTEE REPORT Mr. Blake expJained the Economic Deve]opment Committee Is concerned over the building design and site pJan of M & S Sheetrock and - Blueline Col lision In the CommercIal Park. There Is some use of metal on the exterior or the bui Idings: however, the ordinance requires the buildings to be of masonry construction, its equivaJent or better. ,e_ Regular City CounciJ Meeting Minutes - March 20, 1990 Page 12 (Economic Development Committee Report. Continued) Mr. Blake noted the protective covenants on the parcels state the Counc I I wll I establish an Architectural Control Committee to place controls on each building constructed within the CommerciaJ Park. Counc i I discussion noted it was Intended the ARC Committee would be responsible for architectural control In the Commercial Park. Ralph Darr - presented sketches and reviewed the designs for the two proposed buildings fo~ M & S Sheetrock and Bluellne Collision, explaining why I t Is so suitabJe for these types of businesses. Dave Almgren. Building Official, noted he had not seen the type of building beIng p~oposed. After further discussion on the concerns of design and aesthetics, Counc 11 asked the Staff and ARC Committee to see if the proposed designs meet the ordinances and, if possible, to view structures of simlllar construction, The Item Is to be placed on the next regular Agenda for further consideration. Mr. Barr also noted the storage area is proposed to be made of recycled asphalt, explaining that over a period of time the surface wi I I become hard and wilJ not break down. Counc I I asked the ARC Committee to look at this Item and make a recommendation, also asking for the specifications on the recycled asphalt. There was some question as to whether the ordinance addresses the floor area of the storage area. Mr. BJake reviewed the brochure for promoting the community as proposed by the EDC. He asked for the CounciJ's permission for the EDC to prepare the brochure with funds from the TIF bond. MOTION by Jacobson. Seconded by Knight, that we authorize up to $3,600 for 5,000 copies of the brochure about the City of Andover, that the monies fo~ this to come from the excess funds from the Downtown or Junkyard TIF Districts. DISCUSSION: Mr. Blake was asked to obtain at least two more quotes from printers. Motion carried unanimously. ACCEPT STREET SWEEPING QUOTES MOTION by Knight, Seconded by Orttel, that we accept the bid of Allied. DISCUSSION: Frank Stone thought it wouJd be more cost ettecti ve for the City to purchase Its own street sweeper: however, he does not have the manpower to operate it right now. AJ J led has four machines and pJans on getting al I the st~eets swept In one week. Motion carried unanimously. , ~- --- ~- Regular City Council Meet I ng Minutes - March 20, 1990 Page 13 AWARD BID/IP90-3/KENSINGTON 5TH Mr. Davidson recommended the contract be awarded to the low bidder of o & P Contracting, incJudlng the alternate bids for some work outside the plat to connecting to existing City utilities. Jerry Wlndschltl. developer - wanted the record to show that he he Is not responsible for the work In the contract that is outside of the plat. Mr. Davidson noted that has already been agreed to by the council. Based on the bid. the work outside the plat on Nightengale wi II be $5,619, plus $741 for work on Raven Street. MOTION by Orttel, Seconded by Perry. a Resolution accepting bids and awarding contract for the Improvement of Project No. 90-3 as presented, and note that o & P Contracting Is the low bidder in the amount of $184,339.12, contingent upon the Development Contract and Letter of Credit. <See Resolution R037-90) Motion carried unanimously. APPROVE RESOLUTION/GRADING LOTS/INDIAN MEADOWS Mr. Haas noted the grading has been completed according to the overalI grading pJan. MOTION by Knight, Seconded by Orttel, the Resolution approving the flna] grading for Lot 1 . Block 4 and Lot 9, Block 2 of Indian Meadows. as presented. (See Resolution R038-90) Motion carried unanimously. CHARTER COMMISSION DISCUSSION Mayor Elling stated he talked wi th the four Commissioners whose terms expired on November 3. 1989, and al I have agreed to be reappointed to the Commission. The length of the term would be for four years, recommending the Council approve those reappointments. MOTION by Perry, Seconded by Jacobson, that the fol lowing Individuals: d'Arcy BoseJl. Lyle Bradley, Mike Knight, and Bob Peach. be reappointed to the Andover Charter Commission for four-year terms. sUbject to their meeting the requirements necessary for reappointment. DISCUSSION: Councllmember Orttel stated he had no objection to the four candidates; however. he was concerned that with two-thirds of the people living In the southern portion of the City, there is only one representative on the Commission from that part of town. He felt it is important that there be fair geographical representation. VOTE ON MOTION: YES-Elling. Jacobson, Perry: NO-Ort te I : PRESENT-Knight. Motion carrIed. Regular City CounciJ Meeting Minutes - March 20. 1990 Page 14 ACCEPT ROAD EASEMENT/OUTLOT A. ROLLING FOREST MOTION by Jacobson, Seconded by Orttel, to accept the easement (for road purposes over and across al I the part of Outlot A, Roll ing Forest, Anoka. lying in the easterly 33.00 feet) Motion carried unanimously. REFUND ESCROW/ECHO HILLS MOTION by Jacobson, Seconded by Knight. that the Ci ty Counci J return $140.25 out of the escrow for Echo Hil Is pJat. Motion carried unanlmous]y. RECEIVE PETITION/1950 BUNKER LAKE BOULEVARD After Counci I discussion, the Staff was directed to check with the Comprehensive Street Plan for the entire proposed commercial area south of Bunker Lake Boulevard to determine where the utility crossings should be to conform to that plan. Mayor EJ]lng asked for a motion to approve the Resolution. MOTION by Orttel. Seconded by Knight. to so move. (See Resolution R039-90 declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of watermain and sanitary sewer. Project No. 90-6, at 1950 Bunker Lake BouJevard) Motion carried unanimously. SAFETY COMMITTEE REQUEST FOR FIRE DEPARTMENT UPDATE Mayor Elling noted this is a continuation from Thursday's meeting, March 15. Mr. KooJlck noted the $2.000 can either come from the Fire Department's operating budget, from the contingency fund In the General Fund. or from the money in the Capital Improvements Fund of the PIR Fund just established. It a bond Issue is passed by the residents. the funds would come from the bond proceeds. Councilmember Orttel felt i t is not an operating expense and should not come from the Fire Department's operating budget. He suggested the money be borrowed from surplus funds, noting that eventually there wi I 1 be improved fire protection in the City. and then those funds would be repaid. Attorney Hawkins noted this would be a proper use for the funds from the Capital Improvements Fund of the PIR. It was generaJ Iy agreed that when a bond Issue Is passed. this $2,000 borrowed from Capital Improvements plus those funds spent on the last election should be paid back. Mayor EI ling noted this is to have BRA ,,- --~ ,"- Regular City Council Meetl ng Minutes - March 20, 1990 Page 15 (Safety Committee Request for Fire Department Update. Continued) update the costs of equipment. revise the drawings for the fire stations, and determine the impact of the bond on individual homeowners In the City. MOTION by Perry, Seconded by Knight, authorizing the expenditure of $2.000 for updating bond Issue materials for fire protection and explaining the Impact of the proposal on the citizens of Andover. and that the monies be loaned to the Safety Committee and Fire Department from the PIR Fund. DISCUSS ION: Jack McKelvey was in favor of hav i ng an Independent consultant make a recommendation, but felt that those recommendations and plans are being changed by the Fire Department. Counc i J explained that these updates wi I I bring those recommendations more in line to what the Firefighters need In Andover. Because a large part of the City does not have municipal water. some of the concepts are not the same as what is used in Fridley. They also assured Mr. McKeJvey that the funds wi I I not end up coming from the taxpayers. Motion carried unanImously. TIF FUNDS Attorney Hawkins noted that the City has not expended any TIF funds for three or four years, advising that the Counc I I give some thought to using those funds. Mayor EI ling suggested the possibility of constructing Commercia] Boulevard from Hanson Boulevard to Jay Street. Counc II agreed to discuss the item further at the next regular meeting. APPROVAL OF CLAIMS MOTION by Perry. Seconded by Orttel. Check Numbers 18232 through 18250 and 5000 through 5083 In the amount of $198,232.42. Motion carried unanimously. MOTION by Orttel to adjourn. Motion carried unanimously. Meeting adjourned at 11:43 p,m. Respectful Iy sUbmit~ ~~QY;: Mar ella A. Peach Recording Secretary .- --- -