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HomeMy WebLinkAboutCC July 16, 1991 ~ CITY of ANDOVER Jl Regular city Council Meeting - July 16, 1991 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/91-16/159th Avenue 2. Public Hearing/vacation of Easement/2293-133rd 3. Public Hearing/CDBG/Reallocate Contingency Funds 4. variance/17230 Aztec street 5. Comprehensive plan Amendment staff, Committee, Commission 6. Award CDBG Funds/Social Service Organizations 7. Implement phase II, Budget Reduction Plan B. Appoint Tree Commission Member 9. Approve CCO/Creekview Crossing 10. Schedule Special Meeting 11. Red Oaks Manor AreajWatermain/9l-l2 12. purchase phone Systems/Fire Stations Non-Discussion Items 13. Approve Resolution/PIR Funds 14. Approve plans & Specs/9l-10/Quinn, Swallow. 159th Ave. 15. Accept Petition/91..2l/Smith's Green Acres Storm Drainage 16. Receive June Financial Report Mayor/Council Input Approval of Claims Adjournment _~ ..---,__._ ... -0- REGULAR ANDOVER CITY COUNCIL MEETING - JULY 16, 1991 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING/IP91-16/159TH AVENUE · · · · · · · · · · · · · · · 2 Res01utIon RI06-91 to drop the project · · · · · · · · · · · · 4 PUBLIC HEARING/VACATION OF EASEMENT/2293 133RD LANE NW ResoJutIon RI07-91 to approve. · · · · · · · · · · · · · · · · 4 PUBLIC HEARING/CDBG/REALLOCATE CONTINGENCY FUNDS Motion to approve . · · · · · · · · · · · · · · · · · · · · · · 5 VARIANCE/17230 AZTEC STREET ResolutIon RI0B-91 to approve. · · · · · · · · · · · · · · · · 5 COMPREHENSIVE PLAN AMENDMENT . · · · · · · · · · · · · · · · · · · 5 Motion to approve . · · · · · · · · · · · · · · · · · · · · · · 6 AWARD CDBG FUNDS/SOCIAL SERVICE ORGANIZATIONS · · · · · · · · · · 6 IMPLEMENT PHASE II BUDGET REDUCTION PLAN Resolution RI09-91 to approve . · · · · · · · · · · · · · · · · 7 APPOINT TREE COMMISSION MEMBER (Scott Thomas) · · · · · · · · · · 7 APPROVE CHANGE ORDER/IP91-2/CREEKVIEW CROSSING . · · · · · · · · · 7 SCHEDULE SPECIAL MEETING . · · · · · · · · · · · · · · · · · · · · 7 RED OAKS MANOR AREA/WATERMAIN/IP91-12 · · · · · · · · · · · · · · 8 PURCHASE PHONE SYSTEMS/FIRE STATIONS (Northland CommunIcations>. · 8 APPROVE RESOLUTION/PIR FUNDS ResolutIon RII0-91 to approve . · · · · · · · · · · · · · · · · 8 NON-DISCUSSION ITEMS Resolution Rlll-91 to Approve Plans & Specs. IP91-10 · · · · · B ResolutIon Rl12-91 to Accept Petltlon/IP91-21 . · · · · · · · · 8 Receive June Financial Report. · · · · · · · · · · · · · · · · 8 APPROVE CHANGE ORDERS/FIRE STATIONS · · · · · · · · · · · · · · · 8 APPROVE REGISTERED SURVEY LOT SPLIT · · · · · · · · · · · · · · · 9 MAYOR/COUNCIL INPUT · · · · · · · · · · · · · · · · · · · · · · · 9 APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 9 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 9 ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JULY 16. 1991 MINUTES The ReguJar BI-Monthly Meeting of the Andover CIty Council was calJed to order by Mayor Ken Orttel on Ju I y 16. 1991; 7:30 p.m.. at the Andover CIty Hall, 1685 Crosstown Boulevard NW. Andover. MInnesota. Councllmembers present: McKelvey. Perry. Smith Councllmember absent: Jacobson Also present: City Attorney. WIllIam G. HawkIns; City Planner. DavId Carlberg; CIty FInance DIrector, Howard Koollck: Assistant City EngIneer, Todd Haas; CIty Administrator/ Engineer. James Schrantz; and others RESIDENT FORUM Joseph Paul Bowler. 14367 Jonquil - is pursuIng a lawsuit agaInst the CIty of Andover for the destruction of his property. When he came home this evening, after his lawyer sent the City Engineers a cease work order, evidence, that beIng a stump showIng the tree was on hIs property. was beIng removed from hIs property. He requested the City Counc II Inform the City Engineer's offIce. Investigate this matter and guarantee him that they will not come onto hIs property untIl the matter Is settled. Attorney Hawkins understood the trees were on the City's right of way and were removed as part of the construction. He hasn't verified that they were In the right of way: but If they were. the CIty has the rIght to remove them. He has forwarded the Item to the Insurance company for defense. Carro I I Abbott. 2917 142nd Lane - expressed dIsapproval that the Counc i I approved the restaurant/bar at the Downtown Center. WI th the problems with young people and the penny arcade and grocery store near by. he felt the location Is not suItable. Secondly. Mr. Abbott Informed the CouncIl that the Key Communicator Neighborhood Crime Watch Program is not beIng actIvely maintained. He reJated Incidents of not gettIng InformatIon and of havIng to get InformatIon hImself. He was concerned that the Crime Watch Program has gone down hIJI and felt the CIty should not allow that to happen. Possibly the coordinator should be separated from the Community School because It seems that department does not have the tIme for the Key CommunIcator Program. Mr. Abbott also suggested the SherIff's listing on the burglarIes In the City be published In the City's newsletter. Mayor Orttel noted the summer coodlnator Is not Involved In the Key CommunIcator Program. and the Community SchooJ CoordInator positIon will not be filled untIl later this fall or wInter. The Counc II can look at the matter during the budgetIng process. "- -.-.- Regular CIty Council Meeting July 16, 1991 - Minutes Page 2 APPROVAL OF MINUTES June 6. 1991 - Correct as written. July 2. 1991 - Correct as written. MOTION by Smith. Seconded by McKelvey. to accept the MInutes as written. Motion carried on a 4-¥es. I-Present for the June 6 meeting (Perry). l-Absent (Jacobson) vote. AGENDA APPROVAL The following Items were added to the Agenda: Item 17. Approval of Change Orders/Fire Stations: and Item 18. Approve Registered Survey Lot SpIlt. MOTION by Perry. Seconded by SmIth, the Agenda as amended. MotIon carried on a 4-¥es. l-Absent (Jacobson) vote. PUBLIC HEARING/IP91-16/159TH AVENUE Mayor Orttel called the hearing to order at 7:40 p.m. Shawn Gustafson. BRA, revIewed the street Improvement project along 159th Avenue between Marystone Boulevard and the Rum RIver. The project wI]1 maintain the same draInage with the Installation of culverts and" spillways. The cost Includes pavIng gravel drIveways ten feet from the road. There are 15 assessable units. estImatIng a cost per lot of $5,750 for sodding and $5.100 per lot for the seedIng alternate. The hearIng was then opened for public testimony. A gentleman asked If the Baba property Is being assessed for two units and will they get two votes. Mr. Gustafson explained the lot can be subdIvIded Into two and therefore will be assessed two units. Council stated the property then has two votes. JIm Everly. 4915 159th Avenue - stated there Is a natural low spot draining to the river. The erosIon factor Is very great. eroding at almost one foot per year. He wondered If an underground pipe will be put down to the river. Mr. Gustafson stated the entire matter will need to be Investigated further and steps taken to slow the erosion. John Ga]vin. 5151 159th Avenue - asked how close the estimated cost Is to the actua] cost. Mr. Gustafson stated they try to be accurate, and there Is a five percent contingency added. Mayor Orttel explained the City's polIcy of reconvening the hearing If the actual bids are over five percent of the engineer's estimate. -- . Regular City CouncIl Meeting July 16. 1991 - MInutes Page 3 (PublIc HearIng/IP91-16/159th Avenue. Continued) Rossevelt Gaines. 4877 159th Avenue - is agaInst the road beIng blacktopped. He brought to the CIty a petitIon of eIght signatures against the project. and the Everly signatures should be shown as two agaInst sInce he Is being assessed for two units. That is a majority opposed to the project. Mark LIvlnqston. 4860 159th Avenue - asked If the petItIon means nine parcels are opposed. Mayor Orttel stated yes. Kathv Livinqston - was confused about the 35 percent and then being told 51 percent Is needed. The Mayor and Attorney explained the legal requIrement of a 35-percent petitIon needed to order a project on a 3/5 vote. The City's polIcy Is to have a majorIty of the resIdents In favor before It wIll order a project. The law does allow the Counc II to order a project even without a petition on a 4/5 vote. Mr. GaInes - stated the petitIon was for a feasibilIty report. and the residents were not told that their yes vote on the petItIon would also be counted as a yes vote for the project. feelIng the petitIoning process needs to be clarified. Mayor Orttel agreed. recommendIng the polIcy be changed to not even accept petItions for feasibIlIty reports. He suggested Staff gIve an estimate of a project, and the petitions come In eIther for or against the project. notIng the expense of having the feasIbIlity report prepared. However. everyone receIved written notIfIcatIon of this hearIng. Mr. GaInes - stated not everyone receIved a letter. One resident stated he dId not receive a letter. Mr. Schrantz noted the CIty receives the list of property owners from the county. A woman asked how the project will be brought up agaIn. Mayor Orttel explaIned that the policy is not to Implement proJects wIthout a majority petItIon from the property owners. If this Is not approved this evening. It wi I 1 not be considered unless another petItion Is receIved from the residents. He also repeated the Council's policy of wantIng a 51 percent majority In favor to order a project. Lee KInnan. 2124 Fourth Avenue S - stated they bought the property a year ago. The proposal calls for a culvert at the low spot In hIs property. There Is a drop-off of fIve to sIx feet. He asked If he cou I d f I 1 I In part of It to cross the drop-off without creating a drainage problem. The Counc il noted that Is an engineering question and suggested they contact the City EngIneer to look at It. JIm Renner. 4938 159th - Is going to lIve In the area and started the original petition. He would like to see the streets go in. He lIves In Stenquist Addition and was Involved in getting the street project In that AddItIon 12 years ago. He feels It wIll cost more In the future. Regular City CouncIl MeetIng July 16, 1991 - Minutes Page 4 <PublIc Hearlng/IP91-16/159th Avenue, ContInued) Gordon KIIber. 4815 159th - stated he gets all the dust from the road. But he hasn't had a decent Increase In pay wages In four years and cannot afford the road. He'd prefer to see the road stay dIrt. John Lynch. 5020 159th Avenue - has been out there for eight years. He wondered If more lots could be Included by doIng the sIde roads. Mr. Schrantz noted the City has accepted only half of the street; the other half Is easement. Staff determined that even wIth the addItion of the sIde streets. two or three units would be added and the cost would be lowered by about $800 per lot. Owner of the double lot - stated he owns a substantIal amount of land. wondering what the monthly payments are oyer five years. He calculated about $300 based on InformatIon from Staff. He then stated he would develop hIs 20 acres and donate hIs river lot to the City for a fishing pIer. He asked who would pay for the side road to develop lots. Mayor Orttel stated It Is possible to assess over 10 years; however. the payments are not that much lower and the Interest Is considerably more. He also explained the developer would pay for the road Improvement. and the lots would require 300 feet of frontage. MOTION by Perry. Seconded by SmIth. to close the publIc hearing. MotIon carried unanimouslY. MOTION by Perry. Seconded by SmIth. that lacking support by 51 percent of the affected property owners. that we not proceed with the proposed street Improvement project. IP91-16. (See Resolution RI06-91) Motion carried on a 4-Yes. l-Absent (Jacobson) vote. 8:12 p.m. PUBLIC HEARING/VACATION OF EASEMENT/2293 133RD LANE NW Mr. Carlberg revIewed the request of Mark and Mary Waryan to allow for the placement of a deck on a draInage and utilIty easement at 2293 133rd Lane NW. The 14x16-foot deck was constructed prior to receIvIng a building permIt. Because of a buIlt-up walkout area. thIs area Is no longer needed for a draInage and utIlity easement. There Is no chance there wllJ be any water or floodIng In this area. Staff Is recommendIng approval of the vacatIon of easement. Once the easement Is vacated. the Building Department wlJI handle the permIt applIcatIon. MOTION by Smith. Seconded by McKelvey. a ResoJutlon vacatIng a draInage and utIlIty easement to allow for the placement of a 14x16-foot deck on Lot 7. Block 4. HIdden Creek East, as wrItten. (See Resolution RI07-91) Motion carried on a 4-Yes. i-Absent (Jacobson) vote. 8:14 p.m. ..- . - Regular CIty CouncIl MeetIng July 16. 1991 - Minutes Page 5 PUBLIC HEARING/CDBG/REALLOCATE CONTINGENCY FUNDS Mr. Carlberg requested CouncIl approval for the reallocatIon of 1991 CommunIty Development Block Grant Contingency Funds for the PublIc ServIce AssIstance Programs by $3.545. With thIs amount. the PublIc ServIce Pool wIll allocate $18.545 to the varIous socIal service organizatIons that haye made requests. All organIzatIons wllJ receive what they have requested. Discussion was on other uses for the CDBG funds. IncJudlng the removaJ of blighted areas. and on the new restrIctions placed upon the use of those funds. It was noted that the servIce organIzatIons are aware that thIs fundIng can be reduced or elIminated In the future. There was no public testImony. MOTION by SmIth. Seconded by McKelvey. to close the publIc hearIng. MotIon carrld on a 4-Yes. l-Absent (Jacobson) vote. MOTION by SmIth. Seconded by Perry. that we approve the reallocation of $3.545 from the ContIngency Fund to the PublIc ServIce Pool. Motion carried on a 4-Yes. l-Absent (Jacobson) vote. 8:22 p.m. VARIANCE/17230 AZTEC STREET PJannlng and ZonIng ChaIrperson Randy Peek reviewed the Commission's recommendation to approve the variance request of Steven Bury to allow the constructIon and placement of a septic system encroachIng Into the requIred 100-toot setback from the O~dlna~y High Water mark at 17230 Aztec Street. One Item not on the prepared resolution before the Counc I 1 Is the condItion that It be subject to fInal DNR approvaJ. GIven the constraints of the lot. the PlannIng CommIssion found there Is no other alternatIve other than to allow the encroachment. MOTION by McKelvey. Seconded by SmIth. a Resolution grantIng the varIance request of Steven Bury to allow for the constructIon and placement of a septIc system encroachIng Into the requIred 100-foot setback from the Ordinary HIgh Water mark. subject to approval by the DNR. (See ResolutIon RI08-91) MotIon caçrIed unanlmousJy. COMPREHENSIVE PLAN AMENDMENT PlannIng and ZonIng CommissIon Chairman Randy Peek revIewed the CommissIon's recommendatIon to approve the Major Amendment to the ComprehensIve P]an for sewer expansion ~equested by Nedegaard Construction. The CommIssion ~evlewed the Information SubmIssIon for the Amendment and made minor correctIons. There was no publIc testImony. GIven the hIstory of the property and the current zonIng. the CommIssion was In favor of the proposal .þ-._-~ Regular CIty CouncIl Meeting July 16. 1991 - Minutes Page 6 (Comprehensive Plan Amendment. Continued) Mr. Carlberg explained the Nedegaard development proposal wIll stl]] go through the normal steps of the ARC Committee and public hearIngs. plus agencIes such as the DNR and Army Corps of Engineers will be a determining factor In the development around the wetlands. partIcularly the proposed southern access to CoRd 116. The Metropolitan Council has 90 days to respond to thIs request. Peter Rauen. 4110 147th Lane - stated the reason no one partIcIpated at the P & Z publIc hearIng was not due to lack of Interest but because of their vIew that the CIty Council pre-approved this application last spring. The neIghbors are divided on the Issue, but It was felt that they wouldn't have any Influence on the decision. The concerns of the residents were expressed earlier this spring and that Issue stilI remains. Mayor Orttel stated he received three phone cal]s on the Issue, thinking the CouncIl Is well aware of the concerns of the neighborhoods. He agreed that the CouncIl did take the political step In the sprIng to proceed with the application. Attorney Hawkins also advIsed that the agreement with the property owner Is the sewer extension applies only to R-4 sIngle family residentIal development. and that agreement wIll follow through If thIs Is approved by the MetropolItan Council. MOTION by McKelvey. Seconded by smIth. to forward the Major Amendment to the ComprehensIve Plan for sewer expansion requested by Nedegaard ConstructIon Company to the MetropolItan CouncIl for theIr review. Motion carried on a 4-Yes. l-Absent (Jacobson) vote. AWARD CDBG FUNDS/SOCIAL SERVICE ORGANIZATIONS MOTION by smIth. Seconded by Perry. that we aware the 1991 Social Service Pool Funds to the following socIal service organizatIons: Anoka County Community Actions Program. Inc. $ 5.545 North Suburban Counseling Center 4.000 RIse. Inc. 3,000 Alexandra House. Inc. 2.500 Northwest Suburban Kinship. Inc. 2.000 Community Emergency Assistance Program. Inc. 1.500 in the amount of $18.545. Motion carrIed on a 4-Yes. l-Absent (Jacobson) vote. .þ- . - Regu]ar City CouncI] Meeting July 16. 1991 - Minutes Page 7 IMPLEMENT PHASE II. BUDGET REDUCTION PLAN Mr. KooIIck briefly revIewed the Phase II budget cuts. He recommended making aI] cuts. and the amount In excess of the aId reduction be added to ContIngency. Councl] agreed. MOTION by Per~y. Seconded by SmIth. a Resolution amendIng the 1991 Gene~aI Fund Budget as prepared. (See Resolution RI09-91) Motion carried on a 4-Yes. l-Absent (Jacobson) vote. APPOINT TREE COMMISSION MEMBER Mayor Orttel reported the Tree CommIssion he]d Its organizatIonal meeting last evening. July 15. 1991. and dIscussed prIorities and problems. They will be meeting monthly. Councllmember Perry ~ecommended the utilIty companIes be asked to Inform thel~ subcontractors which trIm the trees around the utility lines to be cognizant of the guidelines for trimmIng oaks. When trimmIng a~ound her area the last few weeks. the oaks were trimmed and cut. She asked that the Tree CommissIon look at draftIng such a letter. Mr. Schrantz didn't know how to Staff the CommIssion. as nothing Is budgeted for It. Mayor Orttel felt that Mr. Sowada wIll be the technical advisor and the Council wI]] need to look at It when consIdering the budget. MOTION by Perry. Seconded by Smith. that Scott Thomas of 16976 Eidelwelss Street be appoInted to the Tree Commission wIth the term to expire 12-31-92. MotIon carrIed on a 4-Yes. l-Absent (Jacobson) vote. APPROVE CHANGE ORDER/IP91-Z/CREEKVIEW CROSSING Mr. Schrantz explained the change order addresses changes In street grade and storm draInage that were negotiated along Xeon Street. Mr. WIndschltl has agreed to pay for those costs that servIce his property. Jerry WlndschItl - stated hIs engIneers have not yet see the numbers. but he has agreed In concept to the proposal. MOTION by SmIth, Seconded by McKelvey. that we accept the Change Order for ProJect 91-2. Creek VIew CrossIng. In the amount of $24.880.39 over and above the origInal project costs. Motion carried on a 4-Yes. l-Absent (Jacobson) vote. SCHEDULE SPECIAL MEETING Council agreed to award the seal coating bid at the special budget meetIng which has been scheduled for July 30. 1991, 7:30 p.m. .~ , . ReguJar CIty Council Meeting July 16. 1991 - MInutes Page 8 RED OAKS MANOR AREA/WATERMAIN/IP91-12 Mayor Orttel explaIned the individuals who orIgInally cIrculated the petition have Installed a new well and are no longer Interested In the project. Mr. Schantz recommended instead of holdIng a hearIng. to send out a letter to all property owners In Red Oaks advisIng them of the costs and ask If they a~e interested. If so. they can circulate a petitIon for Council consideration. Council agreed. PURCHASE PHONE SYSTEMS/FIRE STATIONS Bob Peach. Bond CoordInator - reviewed the quotes for the telephone systems for Fire Stations 1 and 2. He briefly desc~lbed the systems of each company and recommended the contract be awa~ded to Northland ToshIba in the amount of $7.710.83. One consideration was consIstency between all phones In the stations for ease of use. and Northland Toshiba best meets that need plus has all the features desIred. MOTION by Smith. Seconded by McKelvey. that we accept the proposed bid for the phone systems for FIre Stations 1 and 2 to Northland CommunIcations Toshiba In the amount of $7.710.83. Motion carried on a 4-Yes. l-Absent (Jacobson) vote. APPROVE RESOLUTION/PIR FUNDS MOTION by Perry. Seconded by Smith. a Resolution authorizing the expenditure of not more than $1.500 from the Permanent Improvement RevolvIng Fund for the purchase of a traIler for the PublIc Works Department. (See Resolution RII0-91) MotIon carried on a 4-Yes. l-Absent (Jacobson) vote. NON-DISCUSSION ITEMS MOTION by SmIth. Seconded by McKelvey. approval of Items 14-16: ResolutIon Rlll-91: Aprove Plans and SpeclflcationslIP91-10/ QuInn. Swallow. 159th Avenue ResolutIon Rl12-91: Accept PetItlon/IP91-21/Smlth's Green Acres Storm Drainage ReceIve June FInancial Report Motion carrIed on a 4-Yes. l-Absent (Jacobson) vote. APPROVAL OF CHANGE ORDERS/FIRE STATIONS MOTION by McKeJvey, Seconded by Perry. approval of Change Order No. 3 dated July 9. 1991. for an additional amount of $32.807.00. Motion carried on a 4-Yes. l-Absent (Jacobson) vote. - ,. Regular City Council MeetIng July 16. 1991 - MInutes Page 9 APPROVE REGISTERED SURVEY LOT SPLIT Mayor Orttel exp]aIned the Council app.oved a lot spilt In the area of Registered Land Survey No. 72. 16087 Makah. on March 6. 1990; however. the county Is requiring a regIstered survey because of the complIcated legal descriptIon. That su.vey must be approved by the CouncIl. Mr. Carlberg stated at that tIme the CouncIl also gave conceptual approval to vacatIng the 30-foot easement to the cemetery, but no formal publIc hearIng was held. That hearing Is now scheduled for August 6. 1991. Pam Westlund - stated In o.der to close on the property prIor to the publIc hearIng for the vacatIon of the easement to the cemetery. the county Is requiring a letter from the City stating that wi I] be vacated as of August 6. 1991. Another easement to the cemetery Is beIng provided peL the original agreement. After some discussIon and because It had been conceptually agreed to prevIously. the Counc II agreed to p.ovldlng the ncessary letter. MOTION by McKelvey. Seconded by Smith. approving the Registered Survey and acceptIng the easement for access to the cemetery. MotIon carried on a 4-Yes. l-Absent (Jacobson) vote. MAYOR/COUNCIL INPUT Attorney Hawkins updated the CouncIl on varIous legal actions In process. Mayor Orttel stated he would represent the CIty at the public hearing on the 1/10. 4/40 densIty polIcy on July 24, 1991. Other Councllmembers were encouraged to attend as well. APPROVAL OF CLAIMS MOTION by Perry. Seconded by McKelvey. the Schedule of BIlls dated 7-11-91 In the amount of $7.323.138.44 and also the Schedule of BIlls on 7-12-91 In the amount of $5,766.25. MotIon carrIed on a 4-Yes. l-Absent (Jacobson) vote. MOTION by Smith to adjourn. MotIon carried on a 4-Yes. l-Absent (Jacobson) vote. MeetIng adjourned at 9:15 p.m. Respectfully submitted, \\\\~~v<c/l Mar~Ila A. Peach Recording Secretary ...-, .