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HomeMy WebLinkAboutCC March 6, 1990 CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular city Council Meeting - March 6, 1990 7:30 P.M. Call to Orde r Resident Forum Approval of Minutes Discussion Items 1. RezoningjWoodland Creek & Woodland Terrace 2. Deal Lot Split 3 . Recycling Discussion 4. 1988 CDBG Discussion, Cont. 5. Establish Perm. Impro. Revolving Fund 6. LRRWMO ResjWater Quality/Feed Back 7. Assessment Manual 8. Election Equipment Purchase Status Staff. Committee, Commission 9. 90-3/Kensington Estates 5th/City Costs Non-Discussion Items 10. Feasibility Report/90-5 11. Accept 157th Lane 12. Boundary Change 13. Approve Additional Depository 14. North Metro Mayor's Association Approval of Claims Adjourn - . ~ - ~~ ,-- -- -.. ....., .~ " ..:" :', CITY of ANDOVER , . 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 . , REGULAR CITY COUNCIL MEETING - MARCH 6. 1990 MINUTES The Regular Bi-Monthly MeetIng of the Andover City Council was called to order by Mayor Jim Elling on Ma~ch 6. 1990 : 7:30 p.m.. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councllmembe~s present: Jacobson, Knight. Orttel, Perry Councllmembers absent: None Also present: CIty Attorney. William G. HawkIns: TKDA Engineer, John Rodeberg: Planning and Zoning CommissIon Chairperson. Rebecca Pease: City Planne~, Jay Blake; City Finance DIrector. Howard Koollck: City Administrator/Engineer. James Schrantz: and others RESIDENT FORUM Mike Brown. 3489 139th Lane NW - was concerned about people drivIng snowmobiles on the streets and boulevards In thel~ subdivision. He has talked to several peop1e and understands now that they can be on the streets. but he didn't know what to do to stop them from riding on the boulevards which tears up the grass. He was also concerned for the safety of the children because there are no street lights and they drive snowmobiles very fast and at night. It Isn't a problem right now but felt I twIll be as soon as it snows again. He is also consIdering putting up landscaping timbers In the boulevard to stop them, asking the Council's opinion on It. Counc II discussion noted the use of timbers may create a J labi II ty issue for him. suggest I ng Instead that he call the Deputies with the name and address of the driver of the snowmobile plus Its license plate number. The Deputy wi II foward the matter to the City Attorney. who wll I Issue a complaint for violation of the ordinance. Mr. Brown - stated there are many dogs In the neighborhood that are not In a kennel or on a leash, and they create a problem for those who want to keep up a nice yard. He asked what can be done. Counc II advised lu~ing the dogs into his garage, then call the CIty Hall, who In turn will ask the dog catcher to come out. Attorney Hawkins stated if Mr. Brown knows who the dogs belong to and it is reported to the Deputies. he can swear out a complaint against the owner for allowing the dog to run at large. Carroll Abbott. 2917 142nd Lane NW - asked if that portion of Crosstown Boulevard in front of Speedy Market Is owned by the City or the county. Mayor Elling noted It Is a city road now. Mr. Abbott - stated the~e Is a ve~y Ia~ge. deep pothole at the Intersection of Crosstown and Bunker Lake Boulevard. Counc i J noted the Item wi II be forwarded to the Public Works Department. --.- '. .-- - ·- Regular City Council Meeting March 6, 1990 - Minutes Page 2 AGENDA APPROVAL It was agreed to add the fol lowing Items to the Agenda: 9a. Commercial Lot Sale: 9b. Resignations/Staff: 9c. Closed Session with Attorney/IP87-3B; and 9d. Comp Time/Finance Director. MOTION by Knight. Seconded by Jacobson, to approve the Agenda as corrected. Motion carried unanimously. APPROVAL OF MINUTES Febr-uar-y 20. 1990 - Page 2, Clarify the Motion by Jacobson on the lot split on Prairie Road, third line: that the Counci I rea ff i rms that the lot split was okay subject to him coming Into compliance with the new Ordinance 8. Section 4.05. MOTION by Knight, Seconded by Jacobson, to approve the Minutes of February 20. Motion carried unanimously. WOODLAND CREEK AND WOODLAND TERRACE REZONING (R-4 TO NB) Planning Commission Chairperson Pease reviewed the Planning Commission's recommendation to rezone Lot 1 , Block 8. Woodland Creek, and Lot 1 , Block 1, Woodland Terrace, from R-4 to Neighborhood Business. The purpose of the rezoning Is to clarify the development Intent of the lots when they were developed under a Planned Unit DeveIopment concept. Mr. Blake explained the Resolutions approving the PUDs do not mention the fact that these lots wi I] be developed as commercial lots. He felt the Intent is to develop office buildings or light commercial, so the logical zoning would be NB. Now that Woodland Development Is marketing the property. he felt It should be zoned what It is proposed for. Byron Westlund. Woodland Development - stated he was not around when Woodland Terrace was platted, but It has always been his Impression that Lot 1 , Block 1 would be a continuation of the existing NB to the west. They have assumed and have been marketing It as being zoned NB. In Woodland Creek, they were looking at Lot 1 , Block 8 for an office-type area. The NB zone seems to be what they are trying to market, and they have no problem with changing the zoning to NB. Mr. Blake explained that the surrounding neighbors were aware that those lots were to be used for some commercial. so they did not have a problem with the rezoning. His concern Is that the City's Zoning Map shows them as R-4. and there Is no indication anywhere to show that those lots are not intended for residentla] housing but for commercial use. The r-eason for- the r-ezonlng Is to clarify the map so new people Inqulr-ing or moving In would be aware of what Is proposed for those lots. .,--. '. Regular City Councl] Meeting March 6. 1990 - Minutes Page 3 (Woodland Creek and Woodland Terrace Rezoning. Continued) A concern of the Council was that the City has more control over what can be developed on the lots under the Special Use Permit which allows the PUD versus the specific zone of NB. They felt they should have that control to be sure any development is compatible with the surrounding residential area. Also. If these are to be rezoned, there are several other simlllar circumstances of commercial lots by PUD in residential plats that should be considered. Mayor Elling asked why didn't Woodland initiate the rezoning if It Is not a problem. Mr. WestJund - stated they thought it had already been zoned NB. Counc i ] discussed alternatives to actually rezoning the property which would let people know the Intent is to develop those lots commercially. One suggestion was to have the developer post those parcels as commercial building sites. In discussing ways to flag those areas on the City's zoning map, Counc II suggested an asterisk (*) be placed after the zone on all Jots which have a PUD (R-4*) and indicate In a footnote in the legend of the map that those lots are proposed to be developed as Neighborhood Business. Counc II also agreed this might be something the P & Z could Jook at In the Comprehensive Plan update. The proposed change to the Zoning Map was agreed to by the Council: no action was taken on the rezoning request. DEAL LOT SPLIT Commission Chairperson Pease reviewed the lot split request of James and Pamela Deal on Tracts G and H, Registered Land Survey 72. Parce1 D has the cemetery in the middle of the lot. and the proposal Is to have an easement provided as a common driveway for Parcels D and A and the cemetery. The existing driveway easement would be vacated. Mayor Elling noted the pie-shaped sliver on the west side of the cemetery should be part of the cemetery, but it is not Included in the description in the prepared resolution. Attorney Hawkins advised the existing easement cannot be vacated until a public hearing is held. Mayor Elling noted that should then be placed on the next Agenda. There was some question on whether Parcel D meets the 2.5-acre requirement. Mr. Blake assured the Council it was 2.5 acres. There was some discussion on who owns and maintains the cemetery. Mayor EI ling noted the City has been maintaining it. Mr. Hawkins thought the responsibility goes to the City: and if the City doesn't do It. it wi 11 go to the county. Counc II asked if It Is a legal prob I em to have the public access to the cemetery over the private driveway used by two residents. Mr. Hawkins stated the easement will have to be dedicated to the public to provide access to the cemetery, and those residents would be al lowed to use and to blacktop that easement. -.'-.- . ,-- - Regular City Council Meeting March 6, 1990 - Minutes Page 4 (Deal Lot Spilt, Continued) MOTION by Knight. Seconded by Perry. a Resolution granting the lot split request of James and Pamela Deal on the properties generally described as Tracts G and H. Registered Land Survey No. 72, and granting a variance as to lot area on Parcels Band C as presented, wi th the change in the description to remove the pie-shaped sliver on the west side of the cemetery by having Y go out to the property lines. (See Resolution R029-90) DISCUSSION: Attorney Hawkins advised It Is proper to approve the lot spilt prior to vacating the existing easement; however, the spilt should be contingent upon the City obtaining an easement with the legal description and granting fee ownership of the property to the City. Councllmember Orttel reviewed the history ot the subdivision at this property and was concerned that this type of subdivision will take place on al I those lots. thereby circumventing the subdivision ordinance. Chairperson Pease stated the P 8. Z talked about that and concluded the topography will not a] low the spJlttlng of the other lots along County Road 7. Motion carried unanimously. RECYCLING DISCUSSION Cindy DeRuyter, Recycling Coordinator, reviewed the three bids to pick up the recycled materials that wll] be I eft at the Recycling Bui Iding. She recommended awarding the bid to Goodwill Industrles/ Easter Seal because of the price. the number of materials collected, and the ease of collection. She also noted the matter wi] I be reviewed again in six months. The funds for this expenditure of $2,750 comes out of the budget of monies given to the City by the county. MOTION by Ortte]. Seconded by Perry. the Staff recommendation that Goodwill Industries be selected as the firm to pick up recycling materials for the City of Andover Recycling Center at a cost not to exceed $275 per month. Motion carried unanimously. 1988 CDBG DISCUSSION. CONTINUED Mr. Blake reviewed his March 6 memo to the Council regarding the properties with mobile homes on them that may be considered for acquisition with the 1988 CDBG funds. Also, he met with several Senior Citizens. and they are very Interested In upgrading the kitchen facll i ties In the Senior Citizen Center to facilitate the establishment of a meal site at Andover. There Is approximately $70.000 of 1988 CDBG funds that need to be expended before June 30 or they go back to the county. .._.0- . .'. Regular City Council Meetl ng March 6. 1990 - Minutes Page 5 (1988 CDBG Discussion. Continued) After some discussion, Counc I 1 asked that the Staff prioritize the areas of blighted property for possible acquisition and begin contacting the owners. Mr. Blake was also asked to check into any blighted areas that could be considered along Bunker Lake Boulevard. He is also to check Into prices and begin bidding for the Items requested for the Senior Citizen Center Improvements. The Item Is to be placed on the March 20 Agenda for further consideration. KENSINGTON ESTATES 5TH/IP90-5/CITY COSTS . Mr. Davldson'revlewed his February 23. 1990, letter to the Counc II regarding the City's costs for connection from Kensington Estates 5th Addition to streets and utilities at Raven and Nightingale Streets. The City's cost to connect to existing sanitary and storm sewers at Raven Street is $1.200. The costs to connect Nightingale Street and utllties to Kensington 5th Addition Is about $6,000. He suggested the funds come from previous street and sewer projects In Red Oaks I f there are funds In there. Mr. Koolick believed those are the bonds that are being recal led and is part of the $400.000 that wi il be put in a revolving fund. Counc II gave verbal agreement to the proposals. FEASIBILITY REPORT/IP90-5 MOTION by Knight, Seconded by Orttel, the resolution accepting the feasibility study. waiving public hearing. ordering improvement and directing preparation of plans and specifications for the Improvement of Project 90-5 for watermaln. sanitary sewer, storm drain and street with concrete curb and gutter in Hidden Creek East 3rd Addition as presented. (See Resolution R030-90) Motion carried unanimous1y. ESTABLISH PERMANENT IMPROVEMENT REVOLVING FUND Attorney Hawkins explained how the fund Is set up and how it can be used. Because the vast majority of the surplus funds came from the bonds on sewer and water projects. he strongly felt they should only be used for financing future sewer and water improvements such as to help offset portions of the utility systems that cost more than what can be assessed. Fund A would be used solely for those purposes, any 429 project: and he noted that in the future he will be recommending all bonding revenues be pooled into Fund A with that money used for debt service. . Regular City Council Meeting March 6. 1990 - Minutes Page 6 (Establish Permanent Improvement Revolving Fund. Continued) Mr. Hawkins explained that Fund B provides more flexibility, and the funds can be used for other improvements or capital expenditures. His only hesitency In putting the money In Fund B is It requires discipline In using them because there could be a lot of political pressure to spend those funds on various items. Mr. Hawkins felt to require an extra-ordinary majority to spend those funds is permissible. Council discussed the functions of the three funds and In which funds the bond proceeds shou1d be deposited. A suggestion was to require a 4/5 vote on the use of those tunds in Fund B which aLe susceptible to poll tical pressure to be used as a revolving fund for maintenance-type projects, road improvements, etc. A concern raised by Councilmember Knight was the costs Involved to resurface streets, thinking the residents would not be wll ling to be reassessed for that cost. No decision was made on that Issue. Attorney Hawkins advised that the funds from the Capital Improvement Fund can only be used for capital Items. Counc II felt the majority of the bond surplus should be put In Fund A to be used when needed for assistance on assessable projects. MOTION by Jacobson, Seconded by Knight. that we have the Attorney and Staff redraft this document to place under Section B, the Capital Improvement Account, the amount of $50,000, and under Section A, Publ ic Improvement Account. the remainder of the monies we are discussing here: and that the language be put In this document to require a 4/5 vote of the Counc II to either change these documents or to expend money out of either of these accounts. Motion carried unanimously. LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION/WATER QUALITY FEEDBACK Counc II suggested the management of water resources within the Lower Rum River Watershed be sent to the P & Z to incorporate In the City's ordinance. which would eliminate the work of the LRRWMO. Mr. Schrantz stated once it is approved, the water qua]ity program and regulations will be sent back to the Cities for incorporation Into their ordinances. He also explained the City has control over the Organization's budget because it is IncJuded in the City's budget. In discussing the funding of the organization. Counc I 1 questioned what the cost would be to the property owners within the LRRW district. recognizing It would become another taxing district and wouJd be set up by the county. Counc II asked for a budget estimating the costs of the LRRWMO and the costs to Andover residents and to place the item on another Agenda for further consideration. ~ .. ,-- - ." . Regular City Council Meeti ng March 6, 1990 - Minutes Page 7 ELECTION EQUIPMENT PURCHASE STATUS Mayor EI ling felt the City Is getting a lot of confusing and conflicting information regarding the purchase of the e I ecti on equipment. The County has moved to rent the optical election equipment until May 9, 1990, because it hasn't yet been certified by the Secretary of State's office. Councllmember Jacobson didn't feel the City should be liable if the cost Is more than what was quoted and authorized. Vicki Volk, City Clerk, explained the County wll I be Incurring a lot of additional costs that they were not aware of until their last meeting. Some of the other cities really want this equipment. Counc I I agreed to table the I tern until the next meeting until more Information can be obtained. COMMERCIAL LOT SALE Mr. Blake explained the City has received a signed purchase agreement for the M and N Sheetrock warehouse building In the Commercial Park at a sale price of $56.000. That price reflects a $5,000 reduction In the price as agreed to by the Council on November 21, 1989. However, the Minutes refJect the purchase price of $56.555. After some discussion. Counc i I felt the intended sales price was $56,000 and agreed to that amount. MOTION by Knight. Seconded by Orttel, to accept the $56,000 offer now. Motion carried unanimously. STAFF RESIGNATIONS Mr. Blake asked the Council to accept the resignation of Theresa Hogan as Recording Secretary for the P & Z, the Park Board, and the Andover Comprehensive Plan Task Force. MOTION by Knight, Seconded by Jacobson, to so move. Motion carried unanimously. Council discussed the options for Recording Secretary. notIng the quote from Peach Associates, Inc. , to contract for that position. Ms. Volk Informed the Council that the proposal from Peach Associates is In line with what the City currently pays for Minutes from those meetings. Because of the high turnover, the difficulty of finding Recording Secretaries, and their satisfaction with the performance of Peach Associates, Inc., the Counc II agreed to contract that posl tIon as proposed by Peach Associates, Inc. , in a letter dated March 6, 1990 to the Mayor and Council. Regular City Council Meeting March 6, 1990 - Minutes Page 8 (Staff Resignations, Continued) MOTION by Jacobson, Seconded by Orttel. to accept the proposal of Peach Associates, I nc.. on1y through December 31 of this year and then readvertlse for bids at the end of the year for 1991 to be sure It is competitive. Motion carried unanimously. Mayor Elling asked the Council to accept the resignation of Gretchen Sabel from the Planning and Zoning Commission and authorize advertisement for her replacement. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. Mr. Blake noted Ms. Sabe1's request to continue her membership on the Andover Comprehensive Plan Task Force as a standing member. MOTION by Knight, Seconded by Orttel. to so move. Motion carried unanimously. Counc i I recessed at 9:35 to meet with the Attorney in closed session on IP87-3B. Counc I I reconvened at 10:19 p.m. COMP TIME/FINANCE DIRECTOR MOTION by Orttel, Seconded by Jacobson, that the Counc i I authorize the request for Howard Koollck to accumulate comp time up to a maximum of 80 hours with that number to be reduced to Iess than 40 hours by December of 1990. Motion carried unanimously. ACCEPT 157TH LANE Counc i I noted it Is an unpaved street that met the street standards at the time of construction. Councllmember Jacobson objected. not wanting to accept a street that is substandard today. It it Is accepted. he felt it should be blacktopped according to today's standards. MOTION by Perry, Seconded by Orttel, a Resolution approving the final grading and street construction of 157th Lane wi th the following change: in Paragraph 2. "WHEREAS. the street has been constructed to the City of Andover's specification at the date of construction," and continuing on. (See Resolution R 31-90) Motion carried on a 4-Yes. l-No (Jacobson) vote. - .. .-- - .. Regular City Council Meeting March 6, 1990 - Minutes Page 9 BOUNDARY CHANGE MOTION by Jacobson, Seconded by Orttel, the Joint Resolution of the Cities of Andover and Coon Rapids affect the detachment of certain lands from the City of Andover and the annexation of same to the City of Coon Rapids and further affecting the detachment of certain lands from the City of Coon Rapids and the annexation of same to the City of Andover as presented with the proviso that It be subject to legaJ counseJ review as to description of the properties to be transferred and it Is In such a legal order that it would be proper as determined by the City Atto~ney, and authorize the Mayor and City Clerk to sign the documen t . Motion carried unanimouslY. APPROVE ADDITIONAL DEPOSITORY MOTION by Knight, Seconded by OrtteI, the Resolution as presented. (See Resolution R032-90 designating Miller & Schroeder Financial, Inc. , as a supplemental depository for investment purposes) Motion carried unanimously. NORTH METRO MAYOR'S ASSOCIATION Because of the budget constraints this year. Counc I ] felt It Is not posslbJe to join this organization at this time. ASSESSMENT MANUAL Discussion was on Page 14, assessment for MSA Streets and County Roads. Mr. Schrantz proposed an assessment of $500/unit pJus right-of-way acquisition for MSA Streets and $l,OOO/unit plus right-of-way acquisition for County Roads, noting this Is a change in pol icy. At th I s time there is no assessment except right-of-way acquisition costs. Mr. Schrantz stated there are other costs incurred In these projects that are not picked up by MSA Funds such as attorney's fees and filing costs. He proposed a higher rate for county roads because of the county's policy of having the City pay for one-ha]f of the curb and gutter costs. Counc i I discussed the proposal. there beIng a consensus to discuss some assessment on MSA and County street projects. Rather than a flat unit assessment, Counc i I asked Mr. Schrantz to propose an assessment formula based on the cost of the project. though it should not be the fu 1 J residential rate. ,-. Regular City Council Meeting March 6, 1990 - Minutes Page 10 (Assessment Manual, Continued) Because of the late hour. It was agreed to set a special meetl ng to discuss only the Assessment Manual on March 15 at 7 p.m. MOTION by Jacobson, Seconded by Perry. a Special Meeting to consider the Special Assessment Manual beginning at 7 o'clock, Thursday, March 15 at the City Hall. and the Assessment Manual wIll be the only Item on the Agenda for that evening. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Perry. that we approve Checks Numbered 18152 through 18231 for a total amount of $143.968.08. Motion carried unanimously. MOTION by Perry to adjourn. Motion carried unanimousJy. Meeting adjourned at 11:05 p.m. Respectful Iy sUbmitted.~ ~~~ Recording Secretary . .. ..-