Loading...
HomeMy WebLinkAboutCC September 18, 1990 ~. CITY of ANDOVER Regular City Council Meeting September 18, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Assessment Hearing/89-22/Wandersee Addition 2. Assessment Hearing/89-17/Hidden Creek East 2nd 3. Constance Free Church Special Use Permit 4. Ordinance 29 Amendment 5. MSA Improvements 6. Approve Architect Agreement Staff, Committee, Commission 7. Crooked Lake Boulevard Speed Limit 8. Approve Speed Study/169th Lane N.W. 9. Approve Speed Study/133rd Avenue 10. Approve Joint Powers Agreement/Traffic Signals/CSAH 9 & 157th Avenue 11. Approve Joint Powers Agreement/Traffic Signals/CSAH 9 & 135th Avenue 12. Approve Joint Powers Agreement/Traffic Signals/CSAH 7 & 116 13. M. Lindgren Land Purchase 14. 30 Day Review/Mashuga Fire Gear 15. Award Bid/Public Works Vehicle 16. Certify Developer Assessments 17. Kadlec 2nd Addition Assessments Non-Discussion Items 18. Receive July General Fund Financial Statement 19. Receive July Water & Sewer Financial Statement 20. Approve Change Order;88-35/Controls Approval of Claims Adjourn ..~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - SEPTEMBER 18, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jim Elling on September 18, 1990; 7:30 p.m., at the Andover City HaJl, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, Knight, Orttel, Perry Councllmembers absent: None Also present: City Attorney, WIllIam G. Hawkins; Planning and Zoning CommissIon ChaIrperson, Rebecca Pease; City Planner, David Carlberg, CIty Finance DIrector, Howard Koolick; City Zoning Administrator, d'Arcy Bosell; City Administrator/Engineer, James Schrantz; and others RESIDENT FORUM Marilyn Schultz. 17715 Jefferson. Mayor of Ham Lake - explained the Builders Association of Minnesota and the Anoka County Board of Realtors have been in contact with the Washington DC HUD offices to see what can be done to reverse ther exclusion of FHA loan approva1s In our areas for homes on less than 10 acres. She asked for Andover's support in either adopting a resolution or sendIng a letter to the officia]s of HUD at their Washington DC offIce. She presented a copy of such a resolution adopted by the Ham Lake City Council and a draft let ter. Counc i I agreed to add the Item to the Agenda. Bob DII Ion. 4995 159th Avenue - stated he did not understand the Attorney's letter regarding questions he raised at the June 19 Council meeting on the procedure of the FIre Department. He asked that the Council, not the Attorney, answer those same questIons, expecting that those answers would appear In the Minutes. He speclflcal]y asked if Robert's Rules of Order apply to the committees of the Fire Department. Attorney HawkIns stated they apply to the extent that they do not conflIct with the By-Laws and Constitution of the Department. Mr. DIJlon - said Robert's Rules of Order is the By-Laws and the constItution. Attorney Hawkins stated it is not, that specific provisions of the By-Laws govern over those issues that Mr. Dillon raised last June. Mr. Dillon - asked If the Chief can appoint a committee and authorize it to extablish policy for the Fire Department. Attorney Hawkins had not looked at the matter in two months and was not in a position to answer that question specifically this evening. Regular City Council Meeti ng September 18, 1990 - Minutes Page 2 (Resident Forum, Continued) Discussion was the Council recal ling the Attorney's response to Mr. Dillon's questions. At this point they felt the rest of his questions should be brought to the Fire Department. The Councii also felt the Fire Department does bring most Items to them for Council approva 1 , especial1y the larger items like purchasing trucks, buying land, going for the bond Issue, etc. Because no one was aware this was going to be discussed this evening, the Counc 11 and Attorney felt unprepared. It was agreed to put the Item on the next regular Agenda, and Mr. Dll Ion was asked to present his specific questions prior to the meeting SO they can be researched. Representatives from the Fire Department will be asked to be in attendance as well. AGENDA APPROVAL It was agreed to add the following items to the Agenda: Item 6, Approve Architect Agreement/Timing of Bond Sale; Item 17a, Woodland Development Lot; Item 17b, Lower Rum River Management Organization Permit Application; and Item 21, HUD Resolution. MOTION by Knight, Seconded by Orttel, approval of the Agenda. Motion carried unanimously. APPROVAL OF MINUTES September 4, 1990, Regular and Special Closed Meetings - Correct as written. MOTION by Knight, Seconded by Perry, to move approval. Motion carried unanimously. September 6, 1990, Special Meeting - Correct as written. MOTION by Perry, Seconded by Orttel, to move approval. Motion carried on a 4-Yes, 1-Present (Knight) vote. ASSESSMENT HEARING/89-22/WANDERSEE ADDITION The Hearing was opened at 7:48 p.m. Mr. Schrantz noted the corrected Resolution wi th the figure of $35,585.70 as the total cost of the improvement. with assessments of $8,896.42 per unit. MOTION by Jacobson, Seconded by Knight, the Resolution as prepared. (See Resolution R133-90 declaring cost and directing preparation of assessment roll for IP89-22, Wandersee Addition. Motion carried unanimously. Regular City Council Meet! ng September 18, 1990 - Minutes Page 3 (Assessment Hearing/89-22/Wandersee Addition, Continued) MOTION by Orttel, Seconded by Perry, adopting the assessment rol I for the improvement of sanitary sewer, storm drain and street construction for IP89-22, Wandersee Addition as presented. Motion carried unanimously. Mr. Koolick noted the Resolution cal Is for the assessment to be certified to the County; however, the Development Agreement states It is to be kept in-house. He personally felt It is better to certify the roll to the county. Counc i 1 discussion noted the original reason for maintaining the assessment rol Is In-house, feeling it may be necessary to raise the administrative fee to cover al I costs for administering those rol Is in-house. Attorney Hawkins also noted the provision in the Development Agreement that calls for the entire amount to be certified the next year in the event the assessments aren't paid to the City. Because of the signed Development Agreement, Council agreed to recall the motion and maintain the rol1 in-house. MOTION by Knight, Seconded by Perry, to reconsider the previous motion. Motion carried unanimously. MOTION by Orttel, Seconded by Perry, a Resolution adopting the assessmen t ro II for the Improvement of sanitary sewer, storm drain and street construction for Improvement Project 89-22, Wandersee Addition with the words "for certification" to be removed from the heading. (See Resolution R134-90) Motion carried unanimously. Hearing closed at 7:55 p.m. ASSESSMENT HEARING/90-17/HIDDEN CREEK EAST 2ND MOTION by Knight, Seconded by Orttel, a Resolution adopting the assessmen t ro I I as presented and that we exclude the words "for certification." (See Resolution R135-90, assessmen t ro 1 I for IP89-17, Hidden Creek East 2nd Addition) Motion carried unanimously. Hearing closed at 7:56 p.m. CONSTANCE FREE CHURCH SPECIAL USE PERMIT Chairperson Pease reviewed the Planning Commission's recommendation to approve the Amended Special Use Permi t to erect two temporary classrooms. A representative of the Church explained the intended use of the classrooms Is to supplement their Sunday morning church education programs and their Wednesday night program. It Is their intent to build a new church building across the street from the existing bui Iding wi thin the next two years. They own 20 acres on the northwest corner of Constance and Crosstown Boulevards. Regular City Council Meeti ng September 18. 1990 - Minutes Page 4 (Constance Free Church Special Use Permi t, Continued) He also asked that the recommendatIon from the ARC Committee be amended. Due to the temporary nature of the buildings and because they wi 1 1 be moving within two years, they would not Ilke to be required to comply to the ful I extent of Ordinance 8 to enlarge the paved parking lot to park 90 cars. They are adding the temporary buildings because they don't intend to be in that building more than two years. They find it financially unfeasible to enlarge the parking lot to be used only for another two years, and it would set their bUlldlng program back considerably. To allevlate any congestion or overflow parking, they are now holdIng two Sunday services; their sanctuary is never fI]led. They did get an occupancy permit with the exIsting conditIon, and they are only asking that this condItion contInue for another two years. He though t there are 65 parking spaces there now. Ms. Bosell stated the Planning Commission was not aware that the parking lot did not accommodate the 90 spaces. The temporary classrooms do not require that additional parking. The representative from the Church noted that untll the upper portion of the church was constructed, they had the old church on the corner for classrooms. If they had to Increase the bituminous area, they would have to abandon the proposa 1 . MOTION by Knight, Seconded by Jacobson, the Resolution granting the Amended Special Use Permit request and omitting Item 5 as written and substituting acknowledgement that the present parking lot is not adequate to meet the ordinance but that within three years time thi s should be remedied. (See Resolution R136-90) DISCUSSION: Counc i I also acknowledged that the Church has increased the number of services to accommodate the parking that they have; and since this condition has existed since 1981 and is to be remedied within three years, that is acceptable. Motion carried unanimously. ORDINANCE 29 AMENDMENT Chairperson Pease reported the Planning Commission had quite a few meetings on the Diseased Trees Ordinance and finally decided there isn't a problem with the ordinance; I t is a problem with funding to enforce it. The Commission also consIders the problem to be a city-wide problem rather than putting the entire burden on the Individual resident. Council touched on a few problems and suggestions. One comment was that building permits require contractors to minImize damage to trees. Counc II general ly noted the problem with bUdgetIng funds for thIs Regular City Council Meeting September 18. 1990 - Minutes Page 5 (Ordinance 29 Amendment, Continued) item unless there are grants available. Ms. Bosel1 referred to the Statute that gives the City authority to levy for the management of diseased trees. She also noted the Planning Commission didn't get to the nuts and bolts of the ordinance because they didn't know which direction the Counc i I would take In terms of financing, etc. If money is made available, i t is felt the P & Z should look at the ordinance again. Mayor El ling asked for a motion to table the item to the next meeting when Ray Sowada, Ci ty Tree Inspector, can be present. Staff was a I SO asked to see if any funding is available through the county, State, or the University of Minnesota. MOTION by Perry, Seconded by Orttel, to so move. Motion carried unanimously, MSA IMPROVEMENTS Mr. Schrantz reported his conversation with County Engineer Paul Ruud regarding a 165th Avenue to 161st Avenue alignment between CoRds 58 and 9. Mr. Ruud told him it wasn't in their budget, but he believed Commissioner Haas-Steffen was looking to get funds pushed up to improve CoRd 9 from Co 116 to Coon Rapids. Mr. Schrantz stated there may also be other options to placing an east-west road in that vicinity. If the county constructed the road, the City wi]] have to acquire the right of way and get the permits from the DNR and Corps of Engineers; plus the City would have to be wi I ling to trade some mileage on an existing couty state aid road. It is not in their 5-year plan. Mr. Schrantz stated the City has already designated 167th to Round Lake Boulevard as an MSA road, which cou]d be constructed a]l on high ground. He didn't believe the Fire Department had a problem with that location. Councilmember Perry stated at the Road Committee meeting Bob Peach, Fire Department, said any east-west corridor would help. No further action was taken on this item. Mr. Schrantz then revIewed the Road Committee's recommendations for signaling CSAH 20 at 157th Avenue and CSAH 9, that it be a temporary one to see i f the signals at 161st and CoRd 9 wi I I solve the problem. The county has said 157th at CoRd 9 meets warrants, and they wi 11 know in another two weeks whether the Intersection of 157th at Seventh Avenue meets warrants. The county wants temporary signals at 116 and Seventh Avenue because they are p1anning improvements to that intersection In two years. They are also proposing a permanent signal at 157th and CoRd 9 which requires City participation in the cost. Regular City Council Meeti ng September 18, 1990 - MInutes Page 6 (MSA Improvements, Continued) Counc i 1 discussed the location of signals, raising the concern of possibly having to move a signal at 157th and Seventh Avenue to the proposed new intersection of CoRd 58 and Seventh Avenue. The issue was also raised over the county's policy of requiring the City to participate in the costs of signal ling those intersections of mostly county generated traffic flows. In addition,m there was concern over committing the future costs for permanent signals and having the funds to carry out those commitments. Mr. Schrantz explained approval of a temporary signal means the City pays only the electricity until a permanent one is installed. At the time a pe~manent signal is proposed, the Counc i ] would enter Into a new Joint Powers Agreement with the county. Also, i f the Counc i I does not accept the proposed permanent signal at 157th and CoRd 9, the county probably wll I place it elsewhere, and it Is not known if a temporary one is a v a i I ab I eat this time. MOTION by Jacobson, Seconded by Knight, that we approve a temporary signal at 7 and 116, at 157th and Round Lake Boulevard, and at 157th and 7, all of them being temporaries. Motion carried unanimously. September 17 Road Committee Meeting Minutes, Item 1, first paragraph under University Avenue - Council asked that It read ·...After we review the right-of-way plan, the City can consider entering into a Joint Powers Agreement...· Mayor El ling suggested the Council consider holding a public hearing on that proposed road construction before entering into any agreement with Ham Lake. No further action was taken. APPROVE ARCHITECT AGREEMENT/TIMING OF BOND SALE MOTION by Knight, Seconded by Orttel, that we approve the document (Standard Form of Agreement between the City of Andover and Bonestroo, Rosene, Anderlik & Associates, I nc.. for Fire Stations #1 and #2) DISCUSSION: Attorney Hawkins stated the architectural fees are to be 4.28 percent of the construction costs of the project, and the entire contract is not to exceed $100,100. Motion carried unanimously. Counc i I discussed when the $2.5 mil]ion of bonds should be sold for the purchase of the fire trucks and construction of the fire stations. The Finance Director was asked to prepare an estimated cash-flow schedule SO the Council has a general idea of how much money wi I I be needed and when. Discussion was also on the arbitrage laws and the condition of the market. Attorney Hawkins agreed It may be the most cOst effective to Issue the bonds at the December 3 meeting along with the other bonds that will be sold at that time. The Finance Dlrecto~ was also asked for a schedule of disbursements of the bond proceeds that wou]d fa I] wi thin the arbitrage guidelines. Regular City Council Meeting September 18, 1990 - Minutes Page 7 CROOKED LAKE BOULEVARD SPEED LIMIT/SPEED STUDY-169TH LANE NW/SPEED STUDY -133RD AVENUE MOTION by Jacobson, Seconded by Knight, approval of Items 7, 8 and 9. (See the following Resolutions: R137-90 - Declaring Cooked Lake Boulevard within the City of Andover to be an urban district and establishing a 30 mph speed limit between 133rd Avenue and Bunker Lake Boulevard R138-90 - Approving speed limit in Prairie Meadows along 169th Lane between Quay Street and Round Lake Boulevard as authorized by MnDOT R139-90 - Approving speed limit along 133rd Avenue between Crosstown Boulevard and Hanson Boulevard as authorized by MnDOT) DISCUSSION: Councilmember Orttel felt that Crooked Lake Boulevard was designed for 45 mph and wondered If It Is sensIble for reasonable traffic flows to slow it down to 30 mph. A bigger problem Is getting commuter traffic out of the City, and reducing the speed of a major traffic area Is not helping the problem. Staff noted it is consistent with the speed limit in Coon Rapids, plus there have been a number of calls from the residents. Motion carried unanimously. Council recessed at 9:05; reconvened at 9:14 p.m. APPOINT JOINT POWERS AGREEMENT/TRAFFIC SIGNALS CSAH 9 and 157th Avenue - Temporary CSAH 9 and 135th Avenue - Temporary CSAH 7 and 116 - Temporary MOTION by Orttel, Seconded by Jacobson, that we approve the Joint Powers Agreements for Agenda Items 10, 11 and 12 as written, except Item 10, which is to be changed to a temporary traffic signal instal led instead of a permanent one. Motion carried unanimously. M. LINDGREN LAND PURCHASE Attorney Hawkins reviewed the agreement reached to purchase the Lindgren property at 1719 Andover Boulevard wIth the funds to come from the City's CDBG funds. Mr. Lindgren has waived his relocation benefits and has agreed to a purchase price equivalent to the appraised value. Mr. Hawkins stated he will give a title opinion before closing. Regular City Council Meeti ng September 18, 1990 - Minutes Page 8 (M. Lindgren Land Purchase, Continued) MOTION by Orttel, Seconded by Knight, that the Counc i 1 direct the Mayor to sign a purchase agreement for the purchase of property located at 1719 Andover Boulevard NW in the amount of $28,000 pursuant to the terms of the prepared purchase agreement, and the monies to come from the Community Development Block Grant funds account. Motion carried unanimously. 30-DAY REVIEW/MASHUGA FIRE GEAR MOTION by Knight, Seconded by Orttel, move to continue this unti I December 31 and a]low for an extension of time on this item. Moti on carried unanimously. AWARD BID/PUBLIC WORKS VEHICLE Pub]ic Works Supervisor Frank Stone reviewed the bids and his recommendation to award the bid to Ruffridge-Johnson for a Vac-con V390 CTH mounted on International, a hydraulic driven vacuum, for the bid price of $105,200. It Is the second lowest bid, reJecting the lowest bid because he felt it did not meet specs. Both he and two of his operators have looked at the machine and are satisfied with this choice. Mr. Koolick noted this Is to be purchased from the Equipment Certificates which have not yet been Issued. MOTION by Jacobson, Seconded by Perry, that the City Council authorize the purchase of a Vac-con V390 CTH unit mounted on an International from Ruffridge-Johnson for a bid price of $105,200, dellvery in approximately 150 days. Motion carried unanimously. CERTIFY DEVELOPER ASSESSMENTS Mr. Koo]lck stated the deve]oper of Red Oaks 6th Addition Is the on1y one who has not yet met the September 15 deadline on assessments. He has been In touch with the developer, who thought the assessment was to be paid by the title company. He noted a letter is being mai led to the developer tomorrow that i f the payment is not made within 10 days, the entire assessment will be certified to the county as per their Development Agreement. Counc i I again discussed the pros and cons of keeping developer assessments In-house. At this point, the Development Contracts must be foJJowed; however, it was suggested the Staff see what other cities Regular City Council Meeti ng September 18, 1990 - Minutes Page 9 (Certify Developer Assessments, Continued) do and to make a recommendation regarding the costs to the City. It was generally felt that the developers should be paying for those costs. The Staff should track those costs to justify any increase needed in the administrative fees to cover those expenses. KADLEC 2ND ADDITION ASSESSMENTS Mr. Koolick explained the deve10per feels he is ahead of the game and has sold all but four lots. He didn't think he could financially afford to pay the installments until the lots are sold. Mr. Kool ick stated he explained the options as out1ined in the Development Contract. The 1988. '89 and '90 Installments have not yet been made. If the escrow is put toward the assessments, approximately $12,000 to $14,000 would be certified to the county. The 10-day notice has not yet been served on the developer. MOTION by Jacobson. Seconded by Knight, that the City Council direct Staff to provide written notice to the owner of the Kadlec 2nd Addition that they are In default of their assessments and that they have 10 days to pay their Installments In fu II wi th Interest or the CI ty wi II accelerate the balance and certify to the county for collection. Motion carried unanimously. WOODLAND DEVELOPMENT LOT IN WOODLAND TERRACE Mayor EI ling stated there Is a problem with a lot in Woodland Terrace on 135th Avenue. The lot has only one-half of the street on what was thought to be the side of It, the intent being to continue It with the next phase of development. The new owners want to face their house on that half-street, which is not the designated front of the lot; and they want to put their driveway down near the end of the ] ot. They want the blacktop extended to the end of the lot. It Is part of the p J a t and the lot has already been assessed. Staff has told them it is not buildable without the blacktop across the entire front up to their proposed driveway. Counc i 1 general 1y did not have a problem with issuing the buildIng permit and having the blacktop put in along the rest of the Jot line; however, i t is to be done at no cost to the City and done to the City's specifications. It was also agreed that rather than blacktop, Class 5 could be put In at this time wi th the understanding that I t would be blacktopped at the time the adjoining addition comes in, agaIn at no cost to the CIty. Regular City Council Meeti ng September 18, 1990 - Minutes Page 10 LRRMO PERMIT APPLICATION Mr. Schrantz explained the Board meets again tomorrow and wi 11 be discussing the proposed permit application. He included It In the Council's packet to keep them informed of the progress being made on the permitting process. Counc 11 asked that they be kept informed of the LRRMO decisions and recommendations. RECEIVE JULY GENERAL FUND AND WATER & SEWER FINANCIAL STATEMENTS MOTION by Knight, Seconded by Perry, that the Counc i 1 receive the Statements of Items 18 and 19. MotIon carried unanimousiy. APPROVE CHANGE ORDER/88-35/CONTROLS Mr. Schrantz explained the change order is for the controls to Water Towers 1 and 2 and the pressure control valve. It is to provide the system originally ordered. This Is a negotiated costs, with the contractor stating they have to redo the drawings because they supposedly discarded the originals. The Counc i 1 was annoyed that they would have to pay for the drawings again, feeling It is the contractor/s responsibility to keep al I drawings at I east un t I J the project Is completed. MOTION by Jacobson, Seconded by Perry, that we delay this unti I the next regularly scheduled meeting to al low experts In this area to tel 1 us why it costs money to do this. DISCUSSION: A suggestion was to have a resprentative of Healy-Ruff Controls at a meeting to explain why they no longer have the original drawings. Also, Staff was asked to check the contract in regard to possession of documents. Motion carried unanimously. HUD RESOLUTION Ms. Bosell stated Commisloner Haas-Steffen has talked with a representative at HUD in Washington who is charged with determining whether the Metropolitan Council has the authority to impose restrictions on a local community. They are looking at it from a federal violation as far as i t impacts FHA 10ans in Minnesota. She also noted that the Resolution is needed by September 21. Counc i I directed Staff to write a Resolution urging the FHA to 1 i ft its restriction which excludes new housing on less than ten acres and to get copies to all Councilmembers for them to review. Counc i I then verbally authorized the Mayor to sign the Resolution SO i t c an be presented by September 21. (See Resolution R140-90) Regular City Council Meeti ng September 18, 1990 - Minutes Page 11 APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Perry, that we approve the Financial Pages for 9-14-90 as presented ($455,714.73) Motion carried unanimously. MOTION by Perry, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 10:09 p.m. Respectfully submitted, c----.. ~~~~ Recording Secretary