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HomeMy WebLinkAboutCC August 18, 1992 CA. CITY of ANDOVER Regular City Council Meeting-August 18, 1992 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Approve Revised Feasibility Study ¡Watt's Garden Acres 2. Public Hearingj92-18/Jay street 3. Special Use Permit/Real Estates Signs/Meadows of Round Lake 4 . Special Use Permit/Area Identification Signs/Meadows of Round Lake 5. Special Use Permit/Area Identification Sign¡Weybridge 6. Variance/1332 - 137th Lane N.W./S. Ham 7. Adopt Ordinance/Deferred Assessment policy Staff, Committee, Commission 8. Approve settlement Agreement¡wiatrak v. J. Lund Const. 9 . Appoint Election Judges 10. Approve Newsletter Contract I!. Road Committee Report Non-Discussion Items 12. Approve Resolution/Functional Reclassification of Minor Arterials 13. Award Bid/92-10/Pheasant Meadows 14. Award Bid/92-15/Hidden Creek East 5th Addition 15. Approve plans & Specs¡Well *4 16. Approve Final payment/91-19 17. Approve Final payment 91-25 18. Rescind Resolution 78-6 19. Adopt Resolution/PIR Fund Reimbursement 20. Adopt Resolution Designating Depository 21. Receive July Financial Statements Mayor/Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 18. 1992 TABLE OF CONTENTS AGENDA APPROVAL . . . · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES . . · · · · · · · · · · · · · · · · · · · · · · 1 REVISED FEASIBILITY STUDY/WATT'S GARDEN ACRES Res01ution R144-92 receiving amendments · · · · · · · · · · · · 1 PUBLIC HEARING/IP92-18/JAY STREET . · · · · · · · · · · · · · · · 2 ResoJution R145-92 ordering the improvement · · · · · · · · · · 5 -SPECIAL USE PERMIT/REAL ESTATE SIGNS/MEADOWS OF ROUND LAKE ResoJution R146-92 approving permit · · · · · · · · · · · · · · 5 SPECIAL USE PERMIT/AREA IDENTIFICATION SIGNS/MEADOWS OF ROUND LAKE Resolution R147-92 approving permit · · · · · · · · · · · · · · 6 SPECIAL USE PERMIT/AREA IDENTIFICATION SIGNS/WEYBRIDGE ResoJution R148-92 approving permit · · · · · · · · · · · · · · 6 VARIANCE/1332 137TH LANE NW/S. HAM ResoJution R149-92 approving variance · · · · · · · · · · · · · 6 ADOPT ORDINANCE/DEFERRED ASSESSMENT POLICY · · · · · · · · · · 6 CONTRACTOR PROBLEM/IP92-8 Res01ution R150-92 dec1aring contractor in default · · · · · 7 Motion for Change Order No. 1 extending compJetion date · · · · 7 WDE SITE/TEMPORARY STRUCTURE · · · · · · · · · · · · · · · · 7 NON-DISCUSSION ITEMS Res01ution R151-92 appointing election judges · · · · · · · · · 7 Road Committee Report · · · · · · · · · · · · · · · · · · · · · 7 Resolution R152-92 approving functional reclassification of Minor Arteria1s . · · · · · · · · · · · · · · · · · · · · · 7 Resolution R153-92 awarding bid/92-10/Pheasant Meadows. · · · 8 Res01ution R154-92 awarding bid/92-15/Hidden Creek East 5th · · 8 ResoJution R155-92 approving plans & specs/WeJ1 #4 · · · · 8 ResoJution R156-92 approving final payment/91-19 . · · · · · · · 8 Resolution R157-92 approving fina1 payment/91-25 . · · · · · · 8 Resolution R158-92 rescinding R78-6 · · · · · · · · · · · · · · 8 Res01ution R159-92 designating depository · · · · · · · · · 8 Receive JuJy FinanciaJ Statements · · · · · · · · · · · · · · · 8 SETTLEMENT AGREEMENT/WIATRAK vs J. LUND CONSTRUCTION (Tabled) · · · 8 MOTION to approve newsletter contract · · · · · · · · · · · · · · · 8 PIR FUND REIMBURSEMENT Resolution R160-92 approving transfer · · · · · · · · · · · · · 8 SPECIAL MEETING/INTERVIEW FINANCE DIRECTOR CANDIDATES (Aug. 25) · · 9 APPROVAL OF CLAIMS . . · · · · · · · · · · · · · · · · · · · · · 9 CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 18. 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was cal led to order by Mayor Ken Orttel on August 18, 1992, 7:30 p.m., at at the Andover City Hal I, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: McKeJvey, Perry, Smith Councilmember absent: Jacobson Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson City Planner, Dave Carlberg City Administrator, James Schrantz Others AGENDA APPROVAL Add the following items: 7a. Contractor Problem/IP92-8: 7b. WDE Site/ Temporary Structure: 22. Special Meeting Date/Interview Finance Director Candidates. MOTION by Perry, Seconded by McKelvey, to approve the Agenda as amended. Motion carried on a 4-Yes, l-Absent (Jacobson) vote. APPROVAL OF MINUTES August 4, 1992: Page 2, Staff reported the pubJished wording for Ordinance 8, Section 8.07 dIffered from the MInutes. The ordinance was pubJised as "...one sign per development is al lowed by SpeciaJ Use Permit. AddItional sIgns shal I be reviewed by the Andover Review Committee and the PlannIng and ZonIng Commission and approved by the CIty CouncIl." MOTION by Perry, Seconded by Smith, the Minutes of August 4, 1992, as presented, notIng the change reported by Staff. Motion carried on a 4-Yes, l-Absent (Jacobson) vote. APPROVE REVISED FEASIBILITY STUDY/WATT'S GARDEN ACRES Mayor Orttel explained the revision includes the storm sewer assessment levied by the City of Coon Rapids against the CIty of Andover. The area west of Jay Street was previously assessed, but the area east of Jay Street must stIl I be assessed. MOTION by Smi th, Seconded by McKelvey, the Resolution receiving amendments (Page 4A and Exhibit E) to the feasIbility report for the improvement of storm sewer, Project No. 92-18 In the Watt's Garden Acres/Jay Street NW Area. (See ResoJution R144-92) Motion carried on a 4-Yes, l-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - August 18, 1992 Page 2 PUBLIC HEARING/IP92-18/JAY STREET 7:36 p.m. Mr. Davidson reviewed the feasibility report for the improvement of sanitary sewer, water, storm sewer and street improvement along Jay Street between 133rd Avenue north to the proposed Commercial Boulevard. Most of the property in that vicinity is being considered for urban development. The Counc i 1 must decide whether to do the improvement now or wait until the developments are in. This procedure allows the Council to establish an estimated assessment across those ten-acre parcels that are developing into plats so the proportionate share can be assessed when they are platted. The City would then hold that money in escrow unti I the street is improved. Mr. Davidson explained the preliminary design of the project is based on poposed street configurations on both sides of Jay Street. The estimated total project cost is $189,400, which would be assessed on a I inear front footage basis because of the multiple ownerships of the property. The assessment would apply to a typical urban lot depth along both sides of Jay Street and would be approximately $8.010.65/unit for an average 80-foot frontage lot. The hearing was then opened for public testimony. Hubert Smith. 13309 Jav Street NW - was concerned about the property behind him. The land was taken as easement for the 100-year flood and was not meant to be a wet pond. It worked beautifully for the first year: however. it has not been maintained and now is not draining properly. He talked to Public Works about it and recognizes they do not have the staff to keep everything maintained. If the storm sewer from the north is constructed to drain to this pond. he feared it would start to flood his property. Mr. Davidson stated they can do the final pipe design so it wi II not flood that area. They will not just dump water into the pond without having some assurance that it wi 11 work. Jerrv Windschitl. 3640 152nd Lane - complimented the Council and Staff for starting this project. AI i except the Smith property is either owned by developers or is being negotiated for development, so these plans are important to them. He asked if the Counc i I is looking for a petition from the developer to proceed. Mayor Orttel felt that may be helpful from a traditional standpoint of wanting a majority in favor of a project: however, the Counc i 1 is under the impression that most of the property is owned by developers who want and need this project for their developments. Mr. Windschi t 1 - felt the project should go in before the developments. Mr. Schrantz stated the City would like to see all of them done together. Regular Andover City CounciJ Meeting Minutes - August 18, 1992 Page 3 (Public Hearing/IP92-18/Jay Street. Continued) Mr. WindschitJ - exp1ained when the storm sewer assessment was Jevied in 1989, the amount passed on to Andover from Coon Rapids differs from what Andover assessed the residents. The assessment also included a 1ateral assessment. so it appears the area was assessed for JateC'al work that is yet to be constructed. There is a great deal of confusion on this assessment. It appears the cost of $3,200 per lot for storm sewer does not incJude ponding. Mr. Windschi t 1 understands that Coon Rapids wii I give Andover credit for the lot expenditures on these parcels. He stated it will be helpful if the two cities wouJd come to an understanding of what Is expected of the cities and the deve1opers. He also understood that he and Mr. Stanton shouJd not be assessed for any lot charges whatsoever for storm sewer. Mr. Schrantz stated Coon Rapids wilJ give Andover credit for work that was not done. He wi 11 look into the issue further. Mr. Smith - reviewed the past events relative to the construction of 133rd, the purchase of the pond, and the deve10pment possibi1ities as it affected him. Now he is a single-family home on a Jarge lot in this area which cannot be subdivided. He is not asking for the project. but he is not opposed to it either: however. he felt he should be treated the same as any other single family unit. If assessed on the size of his iot, he would have to pay almost $17,000, wh i I e the other lots in the area wi] ] be assessed $8,000. As a sing]e ] ot, he didn't fee] he could recoup the $17,000 cost of the project and asked to be treated like the other units in the area. Mr. Davidson stated it has been the policy of the City to treat everyone equal ly for equal benefit. Counc i 1 thought that because i t is an undividab]e lot. the assessment should be equivalent to one unit. Sue Hurst. 13440 Jav Street - respected the right of others in the area to develop. but they have a ten-acre parcel and they do not feeJ it is feasibJe to enter into a contract with a developer at this time. They have 328 feet of road frontage, which would amount to about a $30.000 assessment. That is in addition to the $17,000 already levied on their parceJ for storm sewer. At the July meeting. she was told the Counc i I did not want to force anyone to deveJop: but she felt that they would be forced to do something they don't want to do wi th that type of assessment. She didn't know if it was feasible to defer the assessment for their parceJ or stop it at their southern lot line. Mr. Davidson though t the entire area cou1d be served with sanitary sewer from the south and couJd stop at the southern lot line. Mayor Orttel noted the probJem if CommerciaJ Boulevard is constructed, it does not seem feasible to leave 300 feet of street incomplete. He did understand the problem of the ]arge assessment against that parcel i f they did not wish to deve10p. Regular Andover City Council Meeting Minutes - August 18, 1992 Page 4 (Public Hearing/IP92-l8/Jay Street. Continued) Ms. Hurst - asked if their property would be assessed for Commercial Boulevard if it runs along their north property line. Mayor Orttel didn't think there would be an assessment because there would be no access to it. The southern route would provide a buffer between the residential property and the businesses there now, and that is why that location is being considered. Hopefully the Council wi I I receive the appraisals in the next few weeks so a determination can be made on the location of Commercial Boulevard, Ms. Hurst - stated they are a single property owner and they prefer to live in their home, considering it a fu1 ]-deve]oped lot. She wou1d like to see their assessments deferred until the time is right for them to develop. She didn't want to have to sel I their home to pay for the assessments. Jim Stanton. 1926 l27th Lane. Coon Rapids - owns the property east of Jay Street directly across from the Hursts. It is not a la-acre parce I , but he does want utilities provided to it. It i t is not provided with this project as was proposed to Ms. Hurst, he wou I d have to wait until the utilities come from the north. He felt i t is more prudent to bring the sewer up from the south and to finish Jay Street up to Commercial Boulevard. He is also wi I ling to combine that parcel wi th others in the area for development purposes. Clarence Wirkus. 14345 Jav Street - owns a 7.5-acre parcel and is working on a sale to Tony Emmerich, who is designing a sketch plan for urban lot development. One of the issues is the location and construction of Commercial Boulevard. He agrees wi th the need for this project and having the utilities available. Tonv Emmerich. developer - owns or is negotiating for most of the land east of Jay Street. He stated they wi I 1 have lots front on Jay Street and wi II need the sewer in there. This wi I I take care of al 1 of the property up to one of the proposed alternates for Commercial Boulevard. He wi I I be bringing in a sketch plan within one or two weeks. Mr. Davidson again stated that entire area could be served with sanitary sewer from the south. He said it would be very helpful if they had the sketch plans of al I the poperties to work with in designing the project. Counc i I discussion was that a decision on the location of the proposed Commercial Boulevard needs to made very soon, as its location affects this project, noting the pros and cons of locating the road to divide the residential and commercial properties. Mr. Wirkus - has been thinking about the location of Commercial Bou1evard. He would not be opposed to have the road as a buffer between residential and business, feeling it can be made to work. ReguJar Andover City Counci] Meeting Minutes - August 18, 1992 Page 5 (Public Hearing/IP92-18/Jay Street. Continued) In discussing the possibility of cJosing off Jay Street from the commercial area, Mr. Schrantz recommended it remain open unless i t becomes a problem. Then the City can consider closing it. Because of the past and present circumstances, Councilmember Perry proposed that there be no further assessment to the Smith property. Mr, Smith appreciated the consideration but said it would be fair that he pay for one unit Just like al I the others. The onJy assessment he felt he shouldn't have to pay is the one for storm sewer. Counc i J also noted that the situation on the Hurst property seems to change a I I the time. The City received a sketch plan for subdivision a month or so ago but now they are being asked to consider the ten acres as one parcel. Ms. Hurst - explained the negotiations with the potential developer broke down because of their garage being located in the proposed roadway of the pJat and because of the concern of not being ab]e to get financing for the Jots that would abut the Junkyard. Counc i I felt the location of Commercial Blvd. would impact that heavi ly. Also, i t may be possible to work around the garage with the roadway. Counc i I summarized that the location of the proposed Commercial Boulevard must be determined, that the assessment to the Hurst property must be considered. and that the assessment to the Smi th property wou]d be for one unit because it is an undlvldabJe parceJ. If ordered this evening, there would be a pending assessment on the properties. Counc i I felt that any saJe of ]and wouJd be increased to cover the pending assessment, SO it would not penalize those still negotiating to seJ I their land. The project would not be assessed until some time in 1993. MOTION by McKelvey. Seconded by Perry, to close the public hearing. Motion carried on a 4-Yes, l-Absent (Jacobson) vote. MOTION by Perry, Seconded by McKe]vey, a Resolution ordering the improvement of sanitary sewer, watermain, street and storm drain for the area of Watt's Garden Acres, ProJect No. 92-18. as presented: but ask that the Minutes cJear]y refJect the concern of the Counc i J for the properties held by the Smiths and the Hursts. (See Resolution R145-92) Motion carried on a 4-Yes, i-Absent (Jacobson) vote. 9:06 pm SPECIAL USE PERMIT/REAL ESTATE SIGNS/MEADOWS OF ROUND LAKE MOTION by Smi th. Seconded by Perry, a ResoJution granting the Special Use Permit request of Nedegaard Construction Company, Inc. , to erect two real estate signs to be Jocateed at 14325 Round Lake Boulevard NW and 14661 Kiowa Street NW as presented. (See Resolution R146-92) Motion carried on a 4-Yes, l-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - August 18, 1992 Page 6 SPECIAL USE PERMIT/AREA IDENTIFICATION SIGNS/MEADOWS OF ROUND LAKE MOTION by Smi th, Seconded by McKelvey, the Resolution granting the Special Use PermIt request of Nedegaard Construction Company, Inc., to erect two area identification signs as presented. (See Resolution R147-92) MotIon carried on a 4-Yes, 1-Absent (Jacobson) vote. SPECIAL USE PERMIT/AREA IDENTIFICATION SIGN/WEYBRIDGE MOTION by McKelvey, Seconded by Smith, a Resolution granting the Specia] Use Permit request of Ashford Deve]opment Corporation, Inc. , to erect an area identification sign on the property located at 14485 Xeon Street NW, as presented. (See Resolution R148-92) Motion carried on a 4-yes, l-Absent (Jacobson) vote. Councilmember Perry stated that some of the temporary identification signs to the deve]opments are starting to look shabby. She asked that in those cases, the developers be notified and asked to correct the problem. Mr. Carlberg agreed. VARIANCE/1332 137TH LANE NW/S. HAM Mr. Carlberg reviewed the variance request to allow for the construction and placement of a deck encroachIng Into the required 10-foot sideyard setback from an interior lot line. He suggested the Planning Commission could look at requiring a larger setback in cases where the deck will be bu i I t on the side of the house so it does not encroach in the setback. Mayor Orttel felt it may be better to handle it through the Building Department rather than by requiring setbacks. Dave Almgren, Building Official, stated they can look at requiring a larger setback on the side when the bui lding plan calls for a sliding glass door on the side assuming a deck will be built at some time. Or they may require the deck to be built at the time the house is bul 1 t. He wi 1 1 review it further. MOTION by McKelvey, Seconded by Smith, a Resolution granting the variance request of Susan Ham to Ordinance No. 8, Section 6.02, which requires a ten-foot sideyard setback from the interior lot I ine to al low for the placement of a deck encroaching four feet into the required sideyard setback. (See Resolution R149-92) Motion carried on a 4-Yes, l-Absent (Jacobson) vote. ADOPT ORDINANCE/DEFERRED ASSESSMENT POLICY MOTION by Perry, Seconded by Smith, Ordinance No. 101 providing for the deferral of special assessments for senior citizens and retired disabled homeowners as presented. Motion carried on a 4-yes, 1-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - August 18, 1992 Page 7 CONTRACTOR PROBLEM/IP92-8 Mayor OrtteJ explained the contractor has decided not to do the sewer trunk project coming out of Coon Creek which has been delayed because of the right-of-way acquisition. The problem the City has is to get the project in the ground before the pumping begins at the landfi I I. The Attorney has stated that technically the contractor has defaulted and that legal proceedings shouJd begin. The suggest ion is to negotiate with the second lowest bidder about doing the job. Mr. Davdison also asked that the Counc i I consider Change Order No. 1 to the contract to extend the compJetion date. MOTION by Smith, Seconded by McKelvey, to declare Hank Weidema Construction for Project 92-8 in default of the contract and that we direct Staff and City Attorney to take the appropriate measures: and have the consuJting engineer begin negotiations with the second bidder. (See Resolution R150-92) Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. MOTION by Perry, Seconded by Smith, introducing Change Order No. 1 to Project 92-8 extending the final completion date to the project to November 6, 1992, wi th the understanding that the Hank Weidema Construction will be deJeted and the appropriate construction firm's name inserted. Motion carried on a 4-yes, 1-Absent (Jacobson) vote. WDE SITE/TEMPORARY STRUCTURE Mayor Orttel explaIned that those cleaning up the Waste DIsposal Engineering Site are asking to be al lowed to construct a temporary building to house the pump. The structure would be removed as soon as the permanent buiJding is instaJ led, which is expected within two years. Though the CIty has no jurisdiction, the question is whether they should be required to go through the SpeciaJ Use PermIt process, which they are wilJing to do. After some discussion, the Counc i 1 agreed to have them go through the Special Use Permit process so the City knows the size and location of the structure. etc. NON-DISCUSSION ITEMS MOTION by Smi th. Seconded by McKelvey, a block motion for Items: 9. Appoint Election Judges (See Resolution R151-92 - NOTE: the Revised Resolution before the Council) 11. Road Committee Report 12. Functional Reclassification of Minor ArterIals (See Resolution R152-92) Regular Andover City Council Meeting Minutes - August 18, 1992 Page 8 (Non-Discussion Items. Continued) 13, Award Bid/IP92-10/Pheasant Meadows (See Resolution R153-92) 14. Award Bid/IP92-15/Hidden Creek East 5th Addition (See Resolution R154-92) 15. Approve Plans & Specs/Well #4 (See Resolution R155-92) 16. Approve Final Payment/IP91-19 (See Resolution R156-92) 17. Approve Final Payment/IP91-25 (See Resolution R157-92) 18. Rescind Resolution R78-6 (See Resolution R158-92) 20. Designating Depository (See Resolution R159-92) 21. Receive July Financial Statements Motion carried on a 4-yes, l-Absent <Jacobson) vote. APPROVE SETTLEMENT AGREEMENT/WIATRAK VS J. LUND CONSTRUCTION Dave Almgren, Bui lding Official, explained in Lund's 5th Addition, there were three lots that didn't comply with the ordinance for buildability of 39,000 square feet. The City held back $12,000 out of the 4th Addition for various reasons, which the City sti 1 I has. This settlement means the City agrees to the buildability of the three lots wi th less than 39,000 square feet. This is no cost to the City, but it a]]ows the three lots to be build with only 6,000 feet of buildable area. The Counc i I had some concerns and questions about the proposed settlement, wishing to discuss it with the City Attorney. It was agreed that the item be tabled to the next regular meeting, APPROVE NEWSLETTER CONTRACT Counc i I noted the price increase from $75 to $125 per page to publish the Andover City news in the Andover Express. It was noted that many residents identify with the Andover Express as the City's newsletter. Counc i I then agreed to the proposed contract: however. the number of pages per month is to be reduced to one or two pages. MOTION by Smith, Seconded by McKelvey, to approve the new newsletter contract for the Andover Express and direct City Staff to see what we can make the amount of actual print we are putting in the Express less to hold the costs down. Motion carried on a 4-Yes, l-Asent (Jacobson) vote. ADOPT RESOLUTION/PIR FUND REIMBURSEMENT MOTION by Perry, Seconded by Smith, the Resolution as presented transferring $68,721.78 from the Permanent Improvement Rev01ving Fund to the improvements unfinanced fund. (See Res01ution R160-92) Motion carried on a 4-Yes. 1-Absent (Jacobson) vote. Regular Andover City Council Meeting Minutes - August 18. 1992 Page 9 SPECIAL MEETING DATE/INTERVIEW FINANCE DIRECTOR CANDIDATES Counc i I agreed to interview the Finance Director candidates on Tuesday evening, August 25, 7:30 p.m. either at the Ci ty Hali or Fire Station No. 1. Mr. Schrantz was asked to schedule the meeting. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Smith, the Schedu]e of Ei]]s dated 8-14-92 in the amount of $463,484.15. Motion carried on a 4-Yes, 1-Absent (Jacobson) vote. MOTION by Smi th to adjourn. Mayor Orttel declared the meeting adjourned at 9:52 p.m. Respectful]y submitted. \1\\(ÀJ~-0-~uc-l Marcella A. Peach Recording Secretary