HomeMy WebLinkAboutCC June 18, 1991
~ CITY of ANDOVER
Regular City Council Meeting-June 18, 1991
7:30 P.M. Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
Senator Greg Dahl
Discussion Items
I. Public Hearing/91-10/l59th, Swallow, Quinn/Streets
2. Public Hearing/91-11/159th. Swallow, Quinn/Street
Lights
3. Independent Auditors Presentation
4. Special Use permit/Gorham, Emmerich Real Estate
Sign
5. Special Use Permit/Gorham, Emmerich Monument Sign
6. Home & Business Alarm Ordinance
7. Kobs 1st Addition preliminary Plat, Cont.
8 . Creek view Crossing Discussion
9. Kelsey Estates Final plat
Staff, Committee, Commission
10. Newsletter Discussion
II. 1992 Budget Discussion
12. Award Bond Sales
Non-Discussion Items
13. Approve Kennel License/Dover Kennels
14. Receive Feasibility Report/9l-16/l59th Avenue
15. Approve Final Plat/Hills of Bunker 4th
16. Award Bids/91-4/Hills of Bunker 4th
17 . Order Feasibility Report/9l-20/173rd Ave.
lB. Approve Final payment/90-15
19. Approve CCO #l/Fire Stations 1 & 2
20. Receive May Financial Statements
Approval of Claims
Adjournment
REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 18, 1991
TABLE OF CONTENTS
RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · · 1
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 4
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 4
SENATOR GREG DAHL · · · · · · · · · · · · · · · · · · · · · · · · 4
PUBLIC HEARING/IP91-10/159TH. SWALLOW. QUINN - STREETS . · · · · · 5
ResolutIon R086-91 to order the project · · · · · · · · · · · · 8
PUBLIC HEARING/IP91-11/159TH. SWALLOW. QUINN - STREET LIGHTS. · · 8
ResoJution R087-91 to order the project · · · · · · · · · · · · 9
INDEPEDENT AUDITORS PRESENTATION · · · · · · · · · · · · · · · · 9
MotIon to Accept FinancIal Statements and Management Letter. · 10
NEWSLETTER DISCUSSION · · · · · · · · · · · · · · · · · · · · · · 10
Resolution R088-91. Special Use PermIt/EmmerIch Real Estate SIgn. 11
ResolutIon R089-91 , Special Use Permit/Emmerich Monument Sign · · 11
HOME AND BUSINESS ALARM ORDINANCE · · · · · · · · · · · · · · · · 11
MOTION for ContInuation/Kobs' 1st Addition Preliminary PJat · · · 11
KELSEY ESTATES FINAL PLAT APPROVAL . · · · · · · · · · · · · · · · 11
Motion to forward to ARC CommIttee · · · · · · · · · · · · · · 12
CREEK VIEW CROSSING DISCUSSION . · · · · · · · · · · · · · · · · · 12
APPROVE BONDS
ResolutIon R090-91 Award $3.400.000 Temporary Improvement Bond. 15
Resolution R091-91 Award $2.5 mil lion GO Bond/FIre Department · 15
PREFORMANCE BONDS AS ESCROW · · · · · · · · · · · · · · · · · · · 15
ORDER FEASIBILITY REPORT/91-20/173RD AVENUE/Table · · · · · · · · 16
NON-DISCUSSION ITEMS
Motion to Approve Kennel License/Dover Kennels · · · · · · · · 16
Resolution R092-91 ReceIve FeasibIIIty/IP91-16/159th Ave. . . . 16
Resolution R093-91 Approve FInal Plat/HIlls of Bunker 4th. · · 16
ResolutIon R094-91 Award BIds/IP91-4/HIl Is of Bunker 4th · · · 16
Resolution R095-91 Approval Final Payment/IP90-15 . · · · · · · 16
Approve Contract Change Orders/Fire Stations 1 and 2 · · · · · 16
ReceIve May FinancIal Statements · · · · · · · · · · · · · · · 16
Table of Contents
City CouncIl - June 18, 1991
Page ii
COMMUNITY SCHOOL DISCUSSION · · · · · · · · · · · · · · · · · · , 16
FEASIBILITY REPORT/WATER/RED OAKS · · · · · · · · · · · · · · · · 16
UPDATE ON MEETING/CROOKED LAKE ERASIAN MILFOIL PROBLEM . · · · · · 17
APPROVAL OF CLAIMS . . . . . · · · · · · · · · · · · · · · · · · · 17
ADJOURNMENT . . . . . . . . · · · · · · · · · · · · · · · · · · · 17
-- . - . .-. ..
~ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - JUNE 18. 1991
MINUTES
The ReguJar Bi-Monthly Meeting of the Andover CIty Council was called
to order by Mayor Ken Orttel on June 18. 1991: 7:30 p.m., at the
Andover CIty HaJJ, 1685 Crosstown BouJevard NW, Andover. Minnesota.
Councilmembers present: Jacobson. McKelvey. Perry, Smith
CounciJmembers absent: None
AJso present: City Attorney, William G. Hawkins; City
PJanner. David Carlberg; Assistant City
EngIneer, Todd Haas; City FInance Director.
Howard Koollck; City Administrator/Engineer,
James Schrantz: and others
RESIDENT FORUM
Jerry WindschItl. 3648 152nd Lane - objected to the order of the
Agenda. HIs Item of Kelsey Estates Final Plat was published as Item
No.8; and It Is listed as Item No.9 on this evening's Agenda. He
requested that It be returned to Its original place. Counc I J agreed.
Larry Shalo. 17190 Naiaho - sInce one of the members who voted
against the Improvement of 173rd Is no longer on the CouncIl, he asked
that the item be voted on again by the CounclJ. Attorney Hawkins
expJained that in order for a project to be approved by a 3/5 vote. a
petition Is needed from the peopJe who live on that street. The
Counc i J could orde~ the project on a 4/5 vote wIthout a petition.
Mr. Shalo - pointed out how bad the road is, thInkIng it Is unsafe,
that the children cannot bIke on It nor do they waJk along It. He
felt another vote shouJd be taken on It. His neighborhood was wi I ling
to contribute $2.500 each toward the pavIng of 173rd. suggestIng that
those along 173rd contrIbute a JIttle to resolve the problem.
After dIscussIng the Item further wIth Mr. Shalo. the Counc i J
suggested the property owners again be petitioned to see what their
feel ings are. Once the petItIon Is receIved. the Counci I wi II
consider it agaIn.
Tim Holz. Holtz Landscape - contractor on several jobs in the Oak
Bluff Develompent. Mr. Holz stated the bulJder In that deveJopment,
Meridian Homes, has not fufilJed their promises and professIonal
obligatIons to hIm and numerous other contractors and homeowners. He
wanted the Council to be aware of what Is goIng on. He has even made
a settlement offer of 50 cents on a dollar. but MeridIan Homes made no
effort at all.
.þ- .
Regular City Council MeetIng
Minutes - June 18. 1991
Page 2
(Resident Forum, Continued)
Bi I 1 01 iver. 1503 147th Avenue NW - Meridian Homes buIlt hIs home.
He's had substantia] problems wIth that buIJder. Now there is a
problem with theIr foundatIon. whIch was InsuffIcIently secured. One
wall is beginning to cave In. Meridian Homes has been aware of that
for over a month, but told hIm on Saturday that It may not be
corrected thIs summer. He filed a warranty claIm agaInst the builder;
but the warranty company told him they could not honor the cJlam
because MeridIan Homes dId not pay theIr bill for the warranty. Mr.
OlIver stated he talked to many of hIs neighbors. Though his may be
the biggest structural problem, Just about everyone of them have had
problems gettIng corrections done after MeridIan Homes has receIved
their money. He thought MeridIan Homes has 47 houses being built In
Andover. He's under the ImpressIon that the buIJder doesn't pay all
of hIs bIlls. that he doesn't correct problems, and has I eft at least
one resident without protection by failIng to pay for the warranty.
He's concerned about whether or not the buIJder has cash flow problems
and what might happen If he runs out of cash. He suggested the City
Counc II not allow any new buIldIng permits to MerIdian Homes untlJ
they fu If ill theIr current oblIgatIons.
Dan Reiollette. ReIolette TruckIno - dId some excavating in Oak
Bluffs for Meridian Homes. He has three lIens agaInst the homeowners.
stating he does not lIke the way Meridian Homes operates. They move
the people into the houses but do not pay their subcontractors.
Attorney HawkIns stated the CIty can take action to revoke their
lIcense with the City If they are not a reputable contractor. and then
they could not buIld anythIng In the CIty. In terms of the problems
these individuals are having. there Isn't anything the CIty can do.
It becomes a civil legaJ action. Counc I I directed the BuildIng
Off icial to InvestIgate the matter. report to the Counc II and
recommend whether or not the license should be revoked.
MIke Dunn. 3300 154th Lane - explained the property on the corner of
154th and Round Lake Boulevard Is being farmed commercially by Ed
FIelds. which Is contrary to the restrictIve convenant. He has made
efforts to contact the developer. Woodland DeveJopment; and he Is
getting mixed messages as to what he needs to do. He understands the
covenants are being enforced. He asked what he needs to do to get
this land back to undeveJoped property and the crop taken out of It.
Mr. Carlberg stated that under CIty ordInances. urban agricultural
practices are permItted on that lot. The restrIctive covenant says
that no agrIculture Is allowed. Attoney HawkIns stated the residents
In the area have the abIlity to bring legal actIon agaInst Mr. Fle1ds
to enjoIn him from violating that convenant. Because i t Is allowed by
the ordinances, there Is nothIng the CIty can do.
-
ReguJar City Council Meet I ng
MInutes - June 18. 1991
Page 3
(Resident Forum, Continued)
Duane Fox. 2144 159th Lane - stated a new house was built next door,
and a lot of dIrt was brought In. Then the City required them to dig
a draInage ditch on that property next to him. Mr. Fox stated It is
creating a bIg pond in that back yard. and the water Is now coming up
into hIs yard. He fears that It wIl J fJood his back yard. He
wondered If anyone knows how deep that pond Is going to get and how
far I t wi J I come Into hIs yard.
Mr-. Haas reYlewed the draInage situatIon. noting as a condItIon of the
CertifIcate of Occupancy, the owners were asked to provIde a swale
from the street to the low area of the pond. whIch Is where the water
draIned to normally. ThIs wi 11 also be addressed If the road
Improvement goes through.
Mr. Fox - argued It will deprecIate the value of hIs property I f he
has a Jake In his back yard. The addl tlonal dIrt In that Jot made It
hIgher than his lot. He aJso stated that the pondlng Is In the mIddle
of the lot. not In at the rear.
Mrs. Fox - stated the water was five feet deep a couple weeks ago.
TheIr house Is 20 years old, but they have been there fIve years.
Prior to thIs they have never had more than a foot of water.
After discussing this further. Mayor Orttel felt the CIty may have to
look at havIng a berm buIlt to keep the water off the Fox's lot. It
was also agreed that this should be addressed as a part of the street
Improvement project. whIch Is on this evenIng's agenda.
Earl Fox. Duane's father - stated this affects Duane's wh01e back
yard. It would have to get ten feet deep to overflow Into the low
area behind the lots. The water Is only about three feet below the
basement level now. Mayor Orttel stated the CIty cannot flood out
the Foxes, It wi II be discussed wIth the street Improvement. If the
improvement Is not ordered. a berm will be dIscussed separateJy.
DouQlas Frye - referred to the letter sIgned by 12 residents
complainIng of Irresponsible canine ownership by Douglas Hermes, 2730
134th Lane NW. He has been keepIng track of the times the dogs have
been out wIthout being leashed or In his yard. He asked that
something be done about this. as they cannot even use theIr back yard.
Discussion noted the problems with dogs. The Attorney recommended that
a pIcture or video be taken of the dog off the owner's premises so
that charges can be filed. but those filIng must be wIlling to testIfy
In court. Attorney Hawkins stated he will wrIte to Mr. Hermes of the
complaint that was fIled. advise him of the ordinance and of
prosecution for any vIolations. Mayor OrtteJ stated the CouncIJ Is
open to suggestions as to how to curtalJ the problem.
Regular City Counci1 Meeting
Minutes - June 18, 1991
Page 4
APPROVAL OF MINUTES
June 4, 1991. Regular Meeting: Page 13. Item 3, Add " The Ci ty Is
.. .
not charging for f10wage; proJ ect wI I I pay for that flowage as
a separate charge to the MetropoJItan Waste Control
Commission."
June 6. 1991. SpecIaJ MeetIng: Correct as written.
MOTION by McKelvey. Seconded by Smith. approval of those Minutes as
amended. Motion carried on a 4-Yes. I-Present (Perry) vote.
AGENDA APPROVAL
It was agreed to add Item 9a, Community School Discussion; Item 9b,
FeasIbility Report/Water/Red Oaks; Item 12a. Update on Meeting/Crooked
Lake Eurasian MilfoII Problem; and to reverse Items 8 and 9 to discuss
Kelsey Estates FInal Plat first. then Creek VIew Crossing DIscussion.
MOTION by Perry. Seconded by McKelvey. to approve the Agenda as
amended. Motion carried unanimously.
SENATOR GREG DAHL
Senator Dah1 addressed the Council regarding the major legislatIon
from the last Legislative Session. He poInted out the equaJ Ized
funding for North Suburban schools that will be phased In over a
four-year period. the additIonal fundIng for schools for training and
experience. the AFDC funding for schools phased In over three years.
the debt service bill for schools, the repeal of the landfill
Inventory, the licensing requirements of building contractors, and a
bi II relating to household batterIes and mercury. He aJso briefly
touched on redistricting. that there will be a change in District 50.
Mayor Orttel stated the no-growth legIslation really hurts Andover. as
nearly one thousand homes have been built In the City over the last
three years, yet the City gets no Increased revenues to service them.
Also. the Ci ty wi II lose about $14,000 In contractors' II cense fees as
a resu1t of the LegislatIve blJI. The Mayor feJt In the long run. the
consumers wI I J be payIng a Jot more to have the Jobs done because of
the JicensIng requIrements. Plus p~oblems and other Items are not
handled as efficIently on the State Jevel as they are on the local
level. Also. Mayor Orttel asked that somethIng be done about the
Truth In Taxation requirements. The requI~ement has meant that this
year. though there was a drastic cut In taxes to the residents. the
City had to tel I them there was a big Increase. It is very deceIving.
Senator Dah] acknowJedged that something needs to be done. He agreed
to set up a meeting for Councl1members and CIty Staff wIth the
admInistrative assistant and Chair of the Tax CommIttee. Mr. Koollck
agreed to provide examples of ads run and why they were misleading.
,-
Regular City Council Meeting
Minutes - June 18. 1991
Page 5
PUBLIC HEARING/IP91-10/159TH. SWALLOW. QUINN - STREETS
The hearing was opened at 8:33 p.m. Glen Cook. BRA. presented the
feasIbilIty report of the proposed street Improvement to consIst of
four inches of aggregate base, then two Inches of bItuminous
surfacIng, 24 feet wIde with 4-Inch bItuminous berm curb. The
proposed assessment for 42 unl ts Is $3,230/unit for sodding; $2.910
for seeding. If Swal10w Street Is extended and the cui de sac
constructed to John FIe1ds. those unIts wouJd also be assessed, and
the assessment for al I other unIts would Increase by about $90 to
$150. The storm draInage Is proposed to go to the Jow area as It
presently does. Lot 27 Is proposed as two unIts because It can be
divided Into two 2 1/2-acre lots.
The hearing was then opened to publIc testimony.
John Kowal ik. 2246 161st Avenue - stated theIr property should say
no for the streets. He was only Interested In a yes for street
lIghts. He wondered If anyone eJse felt the same way. He also
wondered If the City has pJans foç puttIng In sewer and water In the
next eight years. Mayor Orttel stated there Is no ability to get
sewer to that area. The CIty would try to accommodate the resIdents
wi th water if they asked for It. but otherwIse there are no plans
to do so.
Earl Fox and Duane Fox - revIewed the concern noted during the
Resident Forum. that the pond on the Olson property would have to be
four feet deep before It would draIn to the back. Mr. Cook revIewed
the elevatIons of that area, stating to correct the problem they would
have to put a swale down to the southern pond and obtaIn an easement
from the FIelds to keep the water level down. To resolve the problem.
they can eIther berm the Fox property or keep the water level down at
993 by obtaInIng that easement from the FIelds.
D. Fox - was concerned that even more water wIll come onto theIr
property If the streets are paved. Mr. Cook stated they will do the
calculations and determIne what the change should be for the draInage
so the Fox property Is not flooded.
D. Fox - asked if the pond on the Olson's property needs to be
fenced lIke swImmIng pools do. He felt It Is just as dangerous.
Mayor OrtteJ stated the homeowner may want to do that. but It Is not
requIred.
Bi II Hanscome. Lot 10. 2031 159th Lane - asked what the front
footage costs comes to. Mr. Cook dIdn't know. expJaInIng the polIcy
of assessIng on a unIt basIs. Lot 8 wIll not be assessed because It
fronts on NIghtIngaJe Street.
Regular City CouncIl Meeting
MInutes - June 18, 1991
Page 6
(Public Hearlng/IP91-10/159th, Swal low, Quinn - Streets. ContInued)
Mr. Swenson. Lot 34. 15934 SwaJ]ow NW - stated that corner of 159th
and Swal]ow has been dug down over the years, with sand pIling up In
his yard. There is about a two-foot bank. He asked how that wiJl be
handled. Mr. Cook exp]alned the road wIll be graded and leveJed and
some areas wi I I raised. Then Class 5 will be added and the boulevards
leveled out to the curb.
Mr. Swenson - was concerned about the road breakIng up In two years
because of the large amount of truck traffIc. He stated Mr. Fields
uses Swallow Street to get to his fIelds In the back. Mr. Cook stated
he was not aware of the addItIonal truck traffIc. There would be a
concern about heavy loads In the spring. Mr. Schrantz stated he posts
the roads for four tons In the sprIng. Mr. Cook stated he wil I ta1k
wi th Mr. FIelds to see If he can use another entrance to hIs fleJds.
If not. they wi II ]ook at It agaIn once he knows the volume of truck
traffIc and design the road accordingly.
Mrs. Fox - asked If the road Is not Improved. Is there any way to
get the drainage problem resolved. Mayor Orttel explaIned the engineer
wi II look at It and see whether a berm or some other arrangement can
be made to resoJve the draInage problem.
Tom Conn Iff. Lot 3. 2200 161st Avenue NW - stated he does not front
on the new road. asking If he will be assessed. Mr. Haas stated the
parcel cannot be dIvIded. Because It fronts on 161st. I twIll not be
assessed. and Mr. ConnIff should not have been notIfied of the
hearing. That parcel was Included In the calcu]atlons and shouJd not
be. That reduces the number of assessable parcels to 41.
Dale Kratochwill. 16041 QuInn Street NW - stated he combIned the two
lots he owns, Lots 6 and 7 because the City told hIm to in order to
get a permit to build a garage. He has combined those lots Into one.
He also asked if there Is a warranty or what happens If it breaks up
in five years. and about the culverts and load lImIts. Mr. Cook
reviewed the desIgn and current standard of the road. explaIning that
with normal maIntenance I twill not break up In fIve years.
In dIscussIng the combining of the two lots. Counc I I determined that
it should then be assessed as one unIt. not two. That reduces the
number of assessable unIts to 40.
Al Luebke. Lot 31. 16019 Swallow Street NW - stated he Is also shown
as the owner of Lot 46. but It should be Lundberg. The gentleman
across the street from hIm drives a semI-truck and parks it In his
yard. Would he be allowed to contInue to do thIs with the street.
Mr. Schrantz explaIned the street standard Is the same as Is used In
other cl ties. He would be allowed to drive on the road.
- . . ..
Regular City CounciJ MeetIng
Minutes - June 18. 1991
Page 7
(Public Hearing/IP91-10/159th, Swa] low, Quinn - Streets. Continued)
Jerry Rydinq. Lot 27. 2032 159th Lane - asked whether sewer and
water will come through In a few years and the roads wi I] be to["n up.
Mayor Orttel exp]ained the CIty has no way of gettIng sewer to the
area.
Mr. RYdlnq - was concerned about the trees along the road, askIng if
any wi 1] be removed. There Is also a large bank which has developed
along his property. Mr. Cook stated they would try to avoId removing
any trees. The new roadWay wIll be only about two feet wider than the
existing one. The drainage will need to be reso]ved. One of the
concerns Is the puddle on the corner. The dIrectIon of the drainage
wIll have some Impact on whether the road wi]] be raised up In hIs
area.
Mr. Rvdlnq - didn't know anythIng about the lIghting when they were
notified. They moved there 23 years ago to a rural area, and they
lIke It that way. He wondered If any other lots have a double
assessment. It was orIgInalJy three Jots which he combIned to be abJe
to get a building permIt for an accessory buIlding. Counc II noted Mr.
RydIng's lot Is the onJy one that can be spilt Into two 2 1/2-acre
lots. and therefore Is being charged two units.
Dan Warden. Lot 2. 16044 Swallow NW - felt a few people didn't
understand the petItIon. He Is opposed to the project.
Ed Maccaro. Lot 1. 2246 161st Avenue NW - Is agaInst the road but
would II ke the street lIght because It Is very dark.
Gl enn Smi th. Lot 36. 15914 Swallow Street NW - stated the street has
eroded down one or two feet. He asked If they wi 1 ] be charged extra
for areas that need fIll. Mr. Cook explaIned they wIll fIrst grade
the area. fIlling and cutting where needed, then add Class 5.
Mr. Smith - stated a Jot of heavy trucks use Swallow Street to dump
their garbage in theIr fleJds beyond his property. He would JIke to
see the road restrIctions. especially In the sprIng; as he is
concerned about the road breakIng up. Mr. SmIth asked whether the
dr i veways wi II be paved. Mr. Cook stated the project Includes a
10-foot drIveway apron.
Jerry Jorqenson. Lot 37. 15955 Swal low NW - Is In favor of the
project. He feJt the draInage problem on the Fox property Is
legItImate and was created because a Jot of f I 1 I was brought In for
the new home. If the project Is ordered. when can they expect It to
begIn and be completed. Shawn Gustafson. BRA. explained the
constructIon would start the end of August wIth completIon about the
middle of November.
Regular City Council MeetIng
MInutes - June 18. 1991
Page 8
(Public Hearing/IP91-10/159th. Swal Jow. QuInn - Streets, Continued)
Mr. Warden - asked how accurate are the estImates. Counc i I noted
the poJIcy of recallIng the people If the bId Is more than fIve
percent over the engineer's estimate. They also pointed out the
possibIJIty of assessIng the project even before It Is completed to
avoid one year's capitalIzed Interest. Mr. Gustafson stated that with
the reductIon of two lots on the project as noted thIs evenIng, the
per unIt cost would Increase $70. to $3.300 per unit.
One resident stated the petitIon dId not Intend to pave the end of
Swa II ow Street. With that extensIon. It Increases the cost to
everyone, and they are not Interested In doIng that. Counc II
explained It was added by Staff because the City generally trIes to
fInIsh an area foç ease of maIntenance. After further dIscussIon. the
consensus of the Counc II was to delete the extensIon and cuI de sac on
the end of Swal low Street. DiscussIon was then on soddIng versus
seedIng and the pros and cons of each.
Mr. Luebke - stated the lights and streets have been needed for a
long tIme. He Is In favor of the project and would Jlke to see It
sodded.
Counc I I noted the petItIon now stands at 22 In favor. 6 against, and
12 no comments. It was determined that Mr. Edminster has four unIts
but Is counted as one In favor on the petItion. The petItion Is more
than 50 percent I n favor. Councllmember Jacobson asked If anyone
wIshes to change their positIon. No one came forward.
MOTION by Jacobson. Seconded by Perry, to close the public hearIng.
MotIon carrIed unanImously.
MOTION by Jacobson. Seconded by Smith. the prepared ResoJution,
orderIng the Improvement of stçeet construction, Project No. 91-10,
based upon the EngIneer's estImated costs for the sodding option of
approximately $3.300 per unIt, not to include the cuI de sac on the
south end of Swallow. (See ResoJutIon R086-91) Motion carrIed
unanimouslY. Hearing closed at 9:34 p.m.
PUBLIC HEARING/IP91-11/159TH. SWALLOW. QUINN - STREET LIGHTS
Mr. Haas revIewed the proposal for the Installation of street lights.
One correctIon Is the light at the IntersectIon of 159th and
NIghtlngaJe wI I I be Included In the costs. whIch will Increase the
costs about $1 per unit per quarter. That light had mistakenly been
J eft out of the original caJculatlons.
At this point several çesldents questioned the outcome of the street
project. They expressed frustration because they thought they were
...--. -
ReguJar City Counci] Meeting
MInutes - June 18. 1991
Page 9
(Public Hearing/IP91-11/159th, Swa I I ow. QuInn - Lights, Continued)
goIng to be given another vote on the matter. There was a show of
hands of those in favor and those opposed to the project, though many
of the resIdents had already left the meeting. Mayor Orttel explaIned
the purpose of the hearIng was to hear from the resIdents, and they
were specIfIcally asked If they wIshed to change theIr posItIon on the
petition. Those who were not contacted were treated as opposed to the
project. With that. there appeared to stIJ] be a clear majority In
favor.
Mr. Haas then contInued to explain the street lIghtIng proposal. The
cost wi I J be slightly higher than $8.34 per quarter because of the
["eduction In the number of lots In the project as determIned durIng
the street Improvement hearing and the addition of the one I ight at
NI ghtInga Ie. That cost wI I I be lowered In fIve years when the
InstallatIon and lIghts are paId for.
Mervin Weinkauf. 2151 159th Lane NW - stated he has his own street
light. wonderIng If the lightIng can be an optIon to the resIdents.
Mayor Ortte] thought that he would want his removed so he doesn't have
to pay for both of them.
Mr. Fox - stated they do not want the lights. as they are
particIpatIng In the cost of the exIstIng light wIth Mr. WeInkauf.
Counc i 1 noted the two changes on the petitIon, which results In 21 In
favor. 8 gainst and 12 unavaIlable. over 50 percent In favor.
MOTION by Jacobson, Seconded by SmIth, to close the public hearIng.
MotIon carried unanimously.
MOTION by Smith. Seconded by Perry, Introducing the ResolutIon
ordering the Improvement of street lIghtIng. Project No. 91-11, In the
area of 159th Lane. Swallow Street and QuInn Street. (See Resolution
R087-91) MotIon carrIed unanimously. HearIng closed at 9:48 p.m.
INDEPENDENT AUDITORS PRESENTATION
Ken Ma]loy of Pannell Kerr Forster addressed the Council regardI ng the
CIty's 1990 audIt and management Jet ter. He summarIzed theIr
comments In the management letter on the condItIon of the fInanciaJ
records. the flnancIaJ statements, arbItrage rebate requIrements, drug
free workplace, GFOA Award CertIfIcatIon. requIred communIcatIons, and
the graphIc Information at the end of theIr letter.
Mayor Orttel asked how the fund balance compares wIth other cItIes.
Mr. Malloy felt the CIty's balance Is a good mInImum fund balance that
seems to be suffIcIent for the City's cash flow. Mr. KoolIck stated
the City adopted a polIcy based on needIng between 33 and 38 percent
of the subsequent year's budget as a fund balance. It Is now at about
32 percent, so I t Is right In lIne of what Is needed.
. --"- ..... -. - .-0
ReguJar CIty Council Meeting
MInutes - June 18. 1991
Page 10
(Independent Auditors PresentatIon, Continued)
Mr. KoolIck asked the CouncIl to formally accept the fInancial
statements and the management letter.
MOTION by Jacobson. Seconded by Perry. to so move. MotIon carried
unanImously.
NEWSLETTER DISCUSSION
Melanie DeLuca. Community SchooJ Coordinator. stated the
~ecommendatlon Is for the school dIstrIct to prInt the CIty newsletter
and have It delivered by the Anoka County Union and Shopper. One of
the concerns they have with remaining with the Express Advertising and
PrIntIng Is the complaints and negative comments they have receIved
from resIdents regarding theIr way of doIng busIness.
After some dIscussion. the CouncIl preferred to contInue the
newsletter wIth Express AdvertIsIng and PrInting for now because It Is
the most economical. There was also concern wIth havIng the
newsJetter delivered with the Anoka County Shopper. feeling many
people may overlook the newsJetter or may not pick It up.
Ms. DeLuca stated they are pJannIng to do a July newsletter. There
was no newsletter In June because they were In limbo as to how It
should be done. She aJso brIefly revIewed the success of the
communIty school summer program. regIstering over 1,900 chIldren thIs
week and expectIng over 4.000 to partIcIpate In all actIvIties.
Council recessed at 10:14; reconvened at 10:24 p.m.
SPECIAL USE PERMIT/GORHAM. EMMERICH REAL ESTATE SIGN
SPECIAL USE PERMIT/GORHAM. EMMERICH MONUMENT SIGN
HOME AND BUSINESS ALARM ORDINANCE
KOBS' 1ST ADDITION PRELIMINARY PLAT. CONTINUED
Council suggested the following co~rectIons to the proposed Home and
Business Alarm Ordinance:
Page 1. False Alarm: "...actlvlatlon of an alarm system through
mechanical or electrIcal faIlure...."
Page 1. Section 2. C: "...certlfIed mall that a fee shall be paId
wIthin thirty (30) calendar days after receIpt of the notIce... "
Regular City CounciJ Meeting
MInutes - June 18, 1991
Page 11
(Items 4-7 on the Agenda)
MOTION by Jacobson. Seconded by Smith, approval of the June 18.
1991, items:
Item 4. Special Use Permit/Gorham, EmmerIch Real Estate SIgn (See
Resolution R088-91).
Item 5. SpecIal Use Permit/Gorham. Emmerich Monument Sign (See
Resolution R089-91).
Item 6, Home and BusIness Alarm Ordinance wIth the changes
dIscussed.
Item 7, Kobs' 1st AddItIon PrelImInary Plat. continuation for 60
days.
Motion carried unanimously.
KELSEY ESTATES FINAL PLAT APPROVAL
Mr. Haas understood from the last meeting that for preliminary plats
that are over six months old. any changes In the ordInances need to be
Incorporated Into the plat. The Kelsey Estates plat was originally
done in 1980, and sInce then there have been several major changes in
the ordinances. He has not Investigated all the changes yet. but the
major ones are the 150x150-foot pad and contiguous 39.000 square-foot
requirements. There are also some changes In the new grading plan
versus the originally approved one whIch need to be reviewed. They are
concerned about how the draInage will affect future plats.
Jerrv Windschitl. developer - stated the Staff Is saying a Civil
Engineer needs to sign off on the drainage; however. the ordInance
does not require It. Mr. Haas stated the ordinance allows the City
Engineer to make that requirement. For a number of years the City has
required a CivIl Engineer to make the caJcuJatlons In the rural areas.
Mr. Wlndschltl - expressed frustration that ·the people doIng the
work for him don't know exactly what the City wants of them, stating
they have not been able to get the Information from Staff. He asked
for a list of Items used to check off plats so they know what they
have to do. This Is a sImple plat with 13 lots which Is not In any
flood areas. but he feeJs that Staff wants him to start at zero agaIn.
He has fIled for the sIx-month extension and Is now trying to
determine what needs to be done to finalIze the plat.
Mr. Schrantz stated the streets and gradIng plan are different than
the approved prelimInary plat. The drainage on 151st of the approved
gradIng plan goes to the east. The grading plan presented by Mr.
Windschl t I goes to the north and west. Staff wants to look at that.
He stated he cannot construct Blackfoot and the resIdents do not want
it bull t. He aJso stated he has gIven the City copIes showing the
150x150-foot pads. This Is the first tIme he Is aware of the drainage
issue,
ReguJar City Council Meeting
Minutes - June 18, 1991
Page 12
(KeJsey Estates Final Plat Approval. Cont I nued)
A lengthy dIscussIon ensued between Mr. WIndschItl. Staff and CouncIl
regardIng the Issues noted In the Agenda materIal. Counc I J then
determIned It Is not the Intent to have the pJat started over and that
It Is the ARC CommIttee's responsibIlIty to revIew the gradIng plan.
Mr. Haas stated that will be revIewed when they get the certifIcate
from the Engineer that he agrees with the draInage.
In discussIng the park dedication. Mr. WIndschItI stated he Is doIng
It lIke the other plats of Andover West and Indian Meadows have been
done. He owns the property beIng dedIcated as a separate parcel. It
was never In the plat, and the entire plat would have to be resurveyed
and redrawn to meet the Staff recommendatIon of IncludIng It as part
of the plat. Mr. Haas stated It Is d I ff I cu] t for Staff to determIne
the park boundarIes when It Is not shown as "Park" on the plat. The
Counc i I suggested park boundaries be staked In the future. Mr.
WIndschltl agreed to place monuments to mark the boundarIes. WI th
that, Counc II then agreed to have the park deeded as proposed by Mr.
WI ndsch i t I .
MOTION by Jacobson. Seconded by Perry. that we send this to the ARC
Committee to review. After their revIew. that they would send It back
to us In a tImely fashion. DISCUSSION CONTINUED: on the extensIon of
151st Avenue. Staff didn't feel It was necessary for traffIc flow to
Kelsey Park. Jeff KIeffer. Chairperson of the Park Board. stated
they would not JIke to Jose that access. Counc II suggested the street
be bu i I t to al low for Its contInuatIon. Then only a temporary cui de
sac would be needed on the end.
Mr. WIndschItl asked to be treated the same as other developers.
referencIng a fInal plat approved on June 4, 1991. whIch Is very
sImllIar to his. It was approved wIth the various contingencIes. He
asked to be treated the same way. After further discussIon. the
Counc II preferred not to act on a sImilar motion this evenIng without
the benefIt of a prepared resolution be sure all I terns have been
addressed. Mr. Schrantz noted the gradIng can be done before the
fInal plat Is approved. whIch Is the normaJ procedure for rural pJats.
Mr. WI ndsch I t I dIdn't want to do a I I the work and then fInd that
somethIng has changed before gettIng flna] approva] of the plat.
Counc II directed Staff to prepare a resolutIon for the next meetIng
and to work wIth Mr. WIndschItl's engIneers so he can get hIs gradIng
done. MotIon carrIed unanImousJy.
CREEK VIEW CROSSING DISCUSSION
John Davidson, TKDA, presented the background of the development of
the Old Colony Estates/ Creek VIew CrossIng area. 11 I I the gradIng and
plannIng of utilitIes was done under the assumptIon that Tony
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Regular City Council Meet! ng
Minutes - June 18. 1991
Page 13
(Creek View Crossing DIscussion, Continued)
EmmerIch. developer of Creek VIew CrossIng, would also acquire the
property to the east to deveJop. He pointed out the orIginal plans
for street grades and storm water draInage were done for that entire
area; however, some changes were made In Cçeek View Crossing. He
explaIned the reasons for those changes. In the storm draInage, the
hard pipe to the creek was taken out and the low poInt shifted to the
other parce I . though they did not change the natural drainage. The
street grade was aJso adjusted somewhat. Jerry Wlndschltl has sInce
aquIred the property to the east and Is objecting to some of the
changes, claIming they adverseJy affect his property.
Mr. Davidson stated all parties have met. notIng hIs wrItten summary
of that meeting which he presented the Council this evening. The
resu I t of that meeting was the developers were goIng to resoJve the
problem between themselves. If the storm sewer Is to be redesIgned to
meet the needs on Mr. WIndschltl's property, the City may want to
consIder an assessment for the overslzIng. Otherwise the City would
need to carry that cost. He asked for directIon from the CounclJ on
whether to provide servIce to Mr. WIndschItl's property. whIch Is
outsIde the MUSA area. now or In the future.
Tony EmmerIch - stated he has dIscussed this with Mr. Wlndschltl and
has agreed to go back to the orlglna] grading p]an on Xeon and the
hard pipe to Coon Creek If an agreement cannot be reached. He repeated
severaJ times over the course of the dIscussion that this shouJd not
be. before the Council. feeling this Is a problem for the ARC CommIttee
and that they can resolve the sItuation between themseJves. Mr.
EmmerIch stated they have done nothing to hurt Mr. Wlndschltl.
Jerry WIndschItJ - feJt It was Important that the Counc I J make these
decIsions. He revIewed hIs June 17. 1991. document. which he later
presented to the CouncIl, summarIzIng the background and probJems. He
pointed out that at the last Counc I 1 meeting, June 4. 1991. the
Counc II approved the final plat of Creek VIew CrossIng that had not
met the ordinances. I t had four Jots. the park, and two streets In
that plat that had never been Included In the pubJIc hearing by the
Planning Commission. He asked how Is that possIble.
Mayor Ortte] explained the Jots were In the orIgIna] sketch. were left
ou t of the preliminary plat at the hearIng, and then were added back
In on the fInal p]at. Attorney HawkIns advIsed there appears to have
been a proceduraJ error; however. there Is nothing that can be done to
stop It now.
Mr. WIndschItJ - stated the changes In Creek View Crossing wIll
cost hIm a lot of money In his plat. If Mr. Emmerich Is willing to
regrade It to the original plan. he would have no obJection. He
contended the change In the stoçm draInage Interferes with his natural
drainage. He is wlJllng to work with the overslzlng Issue. statIng
there was an agreement between Gaughan Companies and Mr. EmmerIch as
to what Guaghan CompanIes was and was not wIlJIng to pay for.
0 , -
Regular CIty CouncIl Meeting
MInutes - June 18. 1991
Page 14
(Creek View Crossing Discussion. Continued)
After further dIscussIon. Counc II generally agreed the draInage In the
northern part of the Creek VIew CrossIng plat should provide for the
natural drainage. In the southern part of the plat. the water would
be taken down to the creek In a hard pIpe.
Mr. EmmerIch - agreed. He stated the street grade does not affect
Mr. WlndschItl, but he Is wi I ling to go with the orIginal gradIng
plan.
Mr. Windschitl - stated the park entrance has moved from where the
Park Board had orIgInally selected. Now they are planning to run
storm sewer II nes down the park entrance. whIch he stated they cannot
do. One of the consIderations for park entrances was wheel chair
accessibility. He didn't feel the one now shown on the plat provides
that accessIbIlity because of the steep grade. Mr. Davidson stated
the park entrance was never an Issue. The westerly entrance Is over
the trunk system. The easterly one Is at the end of the street. which
Is more for their convelence for storm sewer than for the park
easement. Attorney HawkIns stated If the deveJoper gives the CIty
permIssIon to run the storm water under the park easement. It Is
acceptable. No change was made by the CouncIl.
After further dIscussIon. the Counc II agreed the I terns wi I I be
reviewed by the ARC Committee. with the streets and storm water
drainage brought back to the original plans unless something else can
be worked out between the developers. Mr. Schrantz stated If there has
been an approved gradIng plan. It has to come back to the Counc i I . He
wIll review the ordInances. He stated that In the future. gradI ng
plans should not be attached to the plans. Mayor Orttel agreed that
the Counc i I should not be reviewing gradIng plans. as that Is the
functIon of the ARC CommIttee.
Mr. WIndschItJ - stated It needs to be the grading plan that was
approved by the CIty that was done by Ken Gust for Gaughan Companies,
not the one submitted to the Coon Creek Watershed Board. so the ends
wi I I match his Intersections. The new plan creates a draInage problem
for him because Creek VIew CrossIng Is about five feet higher than his
property. The original plan calls for that to be cut. Mr. Schrantz
disagreed that It Is a probJem. Mr. Emmerich stated to return to that
plan means they will lose a whoJe bunch of trees and felt the effect
to Mr. WIndschItl's property Is mInor.
Counc i I hoped that both parties could come back with an agreement to
provIde for the original drainage and provide for a rasonable use of
both properties. There was some discussIon on developers beIng able
to rely on approved CIty documents. Mr. Davidson explained that they
need the flexibility to make changes In the field as deemed necessary.
Counc I I agreed. No further actIon was taken.
"-
Regular City Council Meeting
Minutes - June 18. 1991
Page 15
APPROVE BONDS
Attorney opened the three bids for the $3.400.000 Temporary
Improvement Bonds:
MIIJer Johnson and Kuehn: bid prIce of $3,351.550; totaJ Interest
cost of $609.450; net Interest rate of 5.9750 percent
FBS Investments; bid price of $3.374.500; total Interest cost of
$576.300; net Interest rate of 5.650 percent
Piper Jaffray Hopwood: totaJ Interest cost of of $3,371,100: total
Interest cost of $600.100; net Interest rate of 5.8833 percent
He recommended the bonds be awarded to the low bIdder. FBS
Investments.
MOTION by Perry. Seconded by SmIth. the ResolutIon for $3.400,000
Temporary Improvement Bonds. SerIes 1991B. awarding the bid to FBS
Investments for the bId price of $3.374.500, wIth a net Interest cost
of $576.300 and a net Interest rate of 5.650 percent. <See ResoJution
R090-91) Motion carried unanimously.
Attorney Hawkins opened the three bids for the $2.500.000 Fire
Department bonds:
MIller Johnson and Kuehn; bid price of $2,462.500; totaJ Interest
cost of $886.000: net Interest rate of 6.4436 percent
FBS Investments; bid price of $2.475.000; total Interest cost of
$860.750; net Interest rate of 6.260 percent
Piper Jaffray Hopwood: total Interest cost of of $2.465.000: total
Interest cost of $897.000; net Interest rate of 6.5236 percent
He recommended the bonds be awarded to the low bidder, FBS
Investments.
MOTION by Jacobson. Seconded by McKelvey the Resolution for
$2.500.000 General OblIgation Bonds. Series 1991A. awarding the bid to
FBS Investments for the bid price of $2.475.000, with a net Interest
cost of $860.750 and a net Interest rate of 6.260 percent. (See
ResoJutlon R091-91) Motion carrIed unanlmousJy.
PERFORMANCE BONDS AS ESCROW
Mayor Orttel asked about the developer postIng a performance bond as
securIty for a deveJoper's escrow on assessments. Attorney Hawkins
thought they were allowed at one time but deleted from the ordinance
because of the liquidIty Issue. He stated he wI J I look Into the
polIcy agaIn.
. ' -
Regular CIty Council Meeting
MInutes - June 18. 1991
Page 16
ORDER FEASIBILITY REPORT/91-20/173RD AVENUE
CouncIl agreed to table the Item. generally not wanting to do an
assessment project for a gravel Improvement on a street. Staff was
asked to wrIte the resIdents to explain that only blacktop streets are
done as assessable projects.
NON-DISCUSSION ITEMS
Approve Final Plat/HIlls of Bunker 4th: Tony Emmerich stated the park
dedicatIon was resolved and Is corrected on the mylars. They are also
aware of the possible requirements relating to methane gas migration
on the Jots along Hanson Boulevard.
MOTION by Perry. Seconded by Smith, approval of the following Agenda
items:
No. 13. Approve KenneJ License/Dover Kennels
No. 14. Receive Feasibility Report/IP91-16/159th Avenue (See
ResolutIon R092-91)
No. 15. Approve Final Plat/HIlls of Bunker 4th (See Resolution
R093-91)
No. 16. Award Bids/IP91-4/HIlls of Bunker 4th <See Resolution
R094-91)
No. 18. Approvel Final Payment/IP90-15/Trunk Watermaln (See
ResoJutIon R095-91)
No. 19, Approve Contract Change Orders for Fire Stations 1 and 2,
IP90-26
No. 20. Receive May FinancIal Statements
Motion carrIed unanimously.
COMMUNITY SCHOOL DISCUSSION
Mayor Orttel reported that at a recent meeting. the District has
stated they will try to accommodate the CIty If It wishes to keep Its
CommunIty School Program.
FEASIBILITY REPORT/WATER/RED OAKS
Council suggested the Staff proposed a schedule of meetings for the
hearings to be held on thIs project and bring It back for CouncIl
discussion. Mr. Haas stated a new petItIon is beIng clrulated.
Council then agreed to table the Item to the next meetIng.
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ReguJar City Council Meeting
MInutes - June 18, 1991
Page 17
UPDATE ON MEETING/CROOKED LAKE EURASIAN MILFOIL PROBLEM
Councllmember SmIth stated Tim KeJly. Administrator for the Coon Creek
Watershed Board. has agreed to get the process going to eradicate the
mi J foIl probJem In Crooked Lake. The DNR may use thIs as a pIlot
program because the treatment of an entire lake has not been done
before. He wi]] keep the CouncIl Informed.
APPROVAL OF CLAIMS
Mr. KoolIck noted the addItIonal check for $23.085.38 for the HIlls.
Inc. There Is also another Schedule of Bills for debt payments.
MOTION by Perry, Seconded by Jacobson. the Schedule of Bills as
amended 6/14/91 In the amount of $381.007.83. MotIon carrIed
unanImously.
MOTION by Perry, Seconded by SmIth, to adjourn. Motion carried
unanimously.
MeetIng adjourned at 12:40 a.m.
RespectfuJly submitted,
~~.~~~
RecordIng Secretary
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