HomeMy WebLinkAboutCC July 21, 1992
CA. CITY of ANDOVER
Regular City Council Meeting - July 21, 1992
Call to Order - 7:30 P.M.
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Public Hearing/92-17/Hawk Ridge, Countryview Est., Verdin
Acres Street Improvement
2. Receive Feasibility Report/92-18/Watt's Garden Acres
3. Discuss plan/CR 58 & CSAH 7/92-5
4. Approve Resolution/Functional Reclassification of Minor
Arterial
5. E1dorado Street/Wetland Crossing
Staff, Committee, Commissions
6. CDBG Subgrantee Agreement
7. Schedule Special Meeting w/planning Commission
Non-Discussion Items
8. Approve Final plat/Hidden Creek East 5th
9. Approve plans & Specs/Hidden Creek East 5th/92-15
10. Approve Plans & Specs/Pheasant Meadows/92-10
11. Approve Final Plat/Pinewood Estates Phase I
l2. Request Speed Study/Old Constance Boulevard
13. Reduce Letter of Credit/Holmberg Addition
14. Revocation of Special Use permit/Cooper's All American Grill
15. Adopt Resolution Amending 1992 Budget
16. Reduce Escrow/Fire Stations 1 & 2
17 . Receive June Financial Statement
18. Approve Transfer of Ownership/North Central Cable
Communications Corporation
19. Receive Petition/Grace Lutheran Church/Watermain
20. Approve Kennel License Renewal/Dover Kennels
Mayor/Council Input
Approval of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING - JULY 21. 1992
TABLE OF CONTENTS
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · · 1
APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · · 1
PUBLIC HEARING: IP92-17/HAWK RIDGE. COUNTRYVIEW ESTATES, VERDIN
STREET IMPROVEMENT . · · · · · · · · · · · · · · · · · · · · · · 2
Resolution R124-92 to terminate project · · · · · · · · · · · · 3
NON-DISCUSSION ITEMS
Eldorado Street Wetland Crossing. · · · · · · · · · · · · · · · 3
CDBG SUbgrantee Agreement · · · · · · · · · · · · · · · · · · · 3
Special Meeting with Planning Commission/July 28 . · · · · · · · 3
Resolution R125-92 Approve final plat/Hidden Creek East 5th · · 3
Resolution R126-92 Approve plans & specs/Hidden Creek East 5th · 3
Resolution R127-92 Approve plans & specS/Pheasant Meadows · · · 3
Resolution R128-92 Approve final pi at/Pine wood Estates Ph 1 · · 3
Request speed study/Old Constance Boulevard · · · · · · · · · · 3
Reduce Letter of Credit/Holmberg Addition · · · · · · · · · · · 3
Resolution R129-92 Revoking Special Use Permit/Cooper's All
American Grill · · · · · · · · · · · · · · · · · · · · · · · 3
Resolution R130-92 Amending 1992 budget · · · · · · · · · · · · 3
Reduce Escrow/Fire Stations 1 and 2 · · · · · · · · · · · · · · 4
Receive June Financial Statement · · · · · · · · · · · · · · · · 4
Resolution R131-92 Approve transfer of ownership/North Central
Cable Communications Corporation · · · · · · · · · · · · · · 4
Resolution R132-92 Receive petition/watermain/Grace Lutheran · · 4
Resolution R133-92 Accept feasibility/watermain/Grace Lutheran. 4
Resolution R134-92 Approve final plans & Specs/Grace Lutheran · 4
Approve kennel license renewal/Dover Kennels. · · · · · · · · · 4
FEASIBILITY REPORT/IP92-18/WATT'S GARDEN ACRES
Resolution R135-92 Receiving feasibility/Set pUblic hearing. · 4
FUNCTIONAL RECLASSIFICATION OF MINOR ARTERIAL . · · · · · · · · · · 5
CO 58 AND CSAH 7/IP92-5
Motion to approve Joint Powers Agreement w/County · · · · · · · 5
RESIDENT COMPLAINT/16655 WREN COURT . · · · · · · · · · · · · · · · 5
Motion to refer fencing requirements to P&Z/suggest Mediation
Services to residents involved · · · · · · · · · · · · · · · 6
ELDORADO STREET/WETLAND CROSSING DISCUSSION . · · · · · · · · · · · 6
TELEPHONES . . . · · · · · · · · · · · · · · · · · · · · · · · · · 6
MAYOR/COUNCIL INPUT
Street Construction/University Avenue w/Ham Lake · · · · · · · · 7
Inc.eased t.aln t.afflc · · · · · · · · · · · · · · · · · · · · 7
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 7
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · · 7
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CA. CITY of ANDOVER
REGULAR CIïl COUNCIL MEETING - JULY 21. 1992
MINUTES
The Regular BI-Monthly Meeting of the Andover City Council was called
to order by Mayor Ken Orttel on July 21, 1992, 7:30 p.m.. at the
Andover City Hal I, 1685 Crosstown Boulevard NW. Andover. Minnesota.
Councilmembers present: Jacobson, McKelvey, Perry
Councilmember absent: Smi th
Also present: City Attorney, William G. Hawkins
TKDA Engineer, John Davidson
BRA Engineer, Shawn Gustafsom
Assistant City Engineer, Todd Haas
City Administrator. James Schrantz
Others
AGENDA APPROVAL
Add Item 5a. Resident Complaint. 16655 Wren Court: and Item 5b.
Telephones.
MOTION by Perry. Seconded by Jacobson. the Agenda as amended. Motion
carried on a 4-Yes. i-Absent (Smith) vote.
APPROVAL OF MINUTES
July 7, 1992: Correct as written.
MOTION by Jacobson, Seconded by Perry, the Minutes as written.
Motion carried on a 4-Yes. i-Absent (Smith) vote.
PUBLIC HEARING: IP92-17 - HAWK RIDGE. COUNTRYVIEW ESTATES. VERDIN
ACRES STREET IMPROVEMENT
7:32 p.m. Mayor Orttel stated that the three developments where
scheduled as one project area: however. since the public hearing
notice was sent out. two of the subdivisions have filed petitions
in which the majority are opposed to the project. Both Hawk Ridge and
Verdin Acres will be dropped from further consideration. There is a
slim majority still in favor for Countryview Estates.
Mr. Gustafson reviewed the proposed street Improvement project for
Countryvlew Estates. The storm drainage will use existing culverts to
drain to the low areas as it presently does. One additional culvert
would be installed across 179th Avenue hear the pipeline. The
estimated cost of the project is $5.890 for each of the 25 benefitting
parcels.
The hearing was opened for public testimony.
Regular Andover City Council Meeting
Minutes - July 21. 1992
Page 2
(Public Hearing: IP92-17/Hawk Ridge, Countryvlew Estates. Verdin
Acres Street Improvement, Continued)
One Individual asked about the drainage In the low area between
Eldelwelss and Crocus on 179th Avenue. There Is quite a bit of
standing water on Crocus and 179th. Where does the drainage go? Mr.
Gustafson explained the Intent to add a culvert. and the water will go
to the low area where It presently does. With the terrain. there Is
not much that can be done to Improve the drainage unless ponds are
excavated.
Mike Carpenter - asked about the polIcy for pavIng drIveway aprons.
Mr. Gustafson stated existing drIveways would be matched. Aprons on
gravel drIveways will be paved 15 feet behind the curb to keep the
sand and gravel from washIng Into the roadway.
Tom Buchta. 17841 Eldelwelss - asked to change his orIginal vote
from yes to no.
Mr. Carpenter - asked If Just one person gets the Job or are bids
taken and can the assessment be paId over a perIod of tIme. Mayor
Orttel explained that plans and specIficatIons are prepared and the
project bid If there I s a maJ or I t Y In favor, The assessments can be
paid off In full at any tIme or paId over a period of five to ten
years, depending on the assessment perIod that would be establIshed.
Dave Heaqertv. 17958 Eldelwelss - asked to change his yes vote to a
no.
Jean Flrl. 3015 179th Avenue - wIshed to remaIn a no as originally
signed on the petItion.
An IndIvIdual asked about the unIt costs used to determIne the cost of
the project. feelIng It is considerably hIgher than another area that
was done. Mr. Gustafson revIewed the unit prIces and add-ons for
contIngency, legal and admInIstratIve and capitalIzed Interest.
Another person questIoned the thIckness of the bitumInous. feel ing two
Inches Is not sufficIent and suggestIng that the bl tumlnous Is more
important than the thickness of the base. Mayor Orttel and Mr.
Gustafson detailed the fIve-ton road desIgn. notIng that there has
been no problems wIth the standard.
Counc II noted that wIth the changes IndIcated thIs evening plus
written responses, there are 13 opposed, 7 In favor. and 5 not
IndicatIng a positIon, whIch Is a clear majorIty opposed.
MOTION by Perry, Seconded by Jacobson, to close the public hearing.
DI SCUSS I ON :
Regular Andover City Council Meeting
Minutes - July 21. 1992
Page 3
(Public Hearing: IP92-17/Hawk Ridge, Countryvlew Estates. Verdin
Acres Street Improvement. Continued)
Maroe Hanson. Hawk Rldoe - took the petition In her subdivision
where there Is a majority opposed. She Is being told that some
officials In the City want to pave all the streets In Andover:
however. she feels that the residents should be Involved In the
decision. She also felt a 51 percent In favor was not enough of a
majority to do a project. Mayor Orttel thought there was a
misunderstanding of what was said at a previous meeting. The
statement was that it Is generally to everyone's advantage to do an
entire neighborhood at one time rather than pave street by street. He
didn't think the Intent was to abandon the majority policy. He also
explained that the State requires only a 35 percent petition to order
a project with a 3/5 vote and no petition Is needed to do a project
with a 4/5 vote. Andover lets the residents decide. and the majority
rules. He didn't think It could be mOre fair.
Motion carried on a 4-Yes. l-Absent (Smith) vote.
MOTION by Jacobson. Seconded by Perry, that the public hearing and
proJect IP92-17 be discontinued and terminated. (See Resolution
R124-92) Motion carried on a 4-Yes, l-Absent (Smith) vote.
Council noted that In the future If the residents wish to reconsider
the Improvement. they should call City Hall for an estimated cost
prior to taking around the petition. 8:00 p.m.
NON-DISCUSSION ITEMS
MOTION by Jacobson. Seconded by Perry. to move In the affirmative on
Items:
5. Eldorado Street Wetland Crossing (Discussed again later In the
meeting)
6. CDBG Subgrantee Agreement
7. Schedule Special Meeting with Planning Commission/July 28. 7 pm
8. Approve Final Plat/Hidden Creek East 5th (See Resolution
R125-92)
9. Approve Plans & Specs/Hidden Creek East 5th/92-15 (See
Resolution R126-92)
10. Approve Plans & Specs/Pheasant Meadows/92-10 (See Resolution
R127-92)
11. Approve Final Plat/Plnewoods Estates Phase I (See Resolution
R128-92)
12. Request speed study/Old Constance Boulevard
13. Reduce Letter of Credit/Holmberg Addition
14. Revocation of Special Use Permit/Cooper's All American Grill
(See Resolution R129-92)
15. Adopt Resolution Amending 1992 Budget (See Resolution R130-92)
Regular Andover City Council Meeting
Minutes - July 21, 1992
Page 4
(Non-Discussion It ems. Continued)
(Motion Continued)
16. Reduce Escow/Flre Stations 1 and 2
17. Receive June Financial Statement
18. Aprove Transfer of Ownership/North Central Cable Communications
Corporation (See Resolution RI31-92)
19. Watermaln - Grace Lutheran Church:
Receive Petition/Declare Adequacy/Order Feasibility (See
Resolution RI32-92)
Accept Feaslbillty/Walve Public Hearing/Order Improvement (See
Resolution RI33-92)
Approve Final Plans and Specs (See Resolution RI34-92)
20. Approve Kennel License Renewal/Dover Kennels
Motion carried on a 4-Yes. I-Absent (Sml th) votee.
RECEIVE FEASIBILITY REPORT/IP92-18/wATT'S GARDEN ACRES
Mr. Davidson reviewed the feasibility report of sanitary sewer,
watermain. street and storm drain along Jay Street In Watt's Garden
Acres. It is estimated a typical 80' x 150' lot In the benefitting
area would be assessed $8,010.65 for lateral benefit, area charges and
connection charges. Mr. Schrantz stated that the storm drainage
assessment to Coon Rapids Is stilI pending for everything east of Jay
Street.
Counc i I discussion was that with the exception of Mr. Sml th's
property, the rest have either been sold to developers or are being
negotiated for sale to developers. It was the Council's Intent that
with this proposal, the developers In that area will know the City's
plan and Incorporate It Into their developments. They agreed to hold
the public hearing to Inform those Interested In the City's proposal.
MOTION by McKelvey, Seconded by Jacobson, receiving the feasibility
report and calling for a public hearing on Improvements of sanitary
sewer. watermaln. streets and storm drain. Project No. 92-18 In the
Watt's Garden Acres area, and schedule the public hearing for August
18. (See Resolution RI35-92) DISCUSSION:
Sue Hurst - was concerned about additional assessments on their ten
acres. They are already paying a $17,000 assessment for storm
drainage. She asked If they could get some deferment on their
assessments Just like those east of Jay Street have not had to pay a
storm drainage assessment. She stated they have not yet sold their
property for development because of a dispute over the location of the
garage. They are not willing to take a loss on It.
Mayor Orttel explained everyone will be called In for a public
hearing to explain the City's proposal for utilities In that area.
This project would apply to only 150 feet of depth on their property,
Regular Andover City Council Meeting
Minutes - July 21, 1992
Page 5
(Receive Feasibility Report/IP92-18/Watt's Garden Acres. Continued)
and the storm drainage would be deleted since they have already been
assessed. Sometimes assessments can be deferred If the money does not
have to be spent. The storm drainage assessment In that area was
unique because the money did not have to be spent for that area east
of Jay Street. Now that the project will be done, an assessment will
be levied. The Mayor explained this Is a plan for the developers to
operate around, suggesting they come to the public hearing.
Motion carried on a 4-Yes. I-Absent (Smith) vote.
APPROVE RESOLUTION/FUNCTIONAL RECLASSIFICATION OF MINOR ARTERIAL
Counc II questioned whether the county's reclassification of minor
arterial roads will Impact the City's State Aid funds In any way.
Staff explained there has been no changes from the county's 2010 Plan
and that the county has said this will not Impact the City.
The Council preferred to have the Road Committee look at this Item
further. A Road Committee meeting has been scheduled for August 5. It
was agreed the Committee will consider the Item and make a
recommendation to the Council at the August 18 regular meeting.
DISCUSSION PLAN/CR 58 AND CSAH 7/IP92-5
Counc I I noted the letter from the T. F. James Company dated July 16,
1992, Indicating their willingness to donate their property for
easement for the project to realign CoRd 58 at CSAH 7 and listing a
number of conditions they would agree to. Mr. Schrantz stated he has
been attempting to talk with the county as to whether or not they are
In agreement with the conditions as stated. The only concern he Is
aware of Is that It will cost more to lower the gas main than they had
thought. He also explained that the City's portion of the costs Is
for the Improvement of 159th to align the Intersections at CSAH 7, for
moving Fox Street and one-half of the cost of overlaying the existing
street of CoRd 58 that will become a City street. He stated the money
Is available from Internal state aid funds that have been earmarked
for such projects.
MOTION by Perry, Seconded by McKelvey, Introducing the Joint Powers
Agreement for the realignment of CoRd 58 and CSAH 7, Project 92-5.
Motion carried on a 4-Yes, ¡-Absent (Smith) vote.
RESIDENT COMPLAINT/16655 WREN COURT
Counc I I noted the letter and pictures relating to an orange plastic
fence erected by a resident adjacent to 16655 Wren Court. Though the
fence Is unsightly, the Attorney noted It Is not covered by the
Regular Andover City Council Meeting
Minutes - July 21, 1992
Page 6
(Resident Complaint/16655 Wren Court. Continued)
ordInance and that is not somethIng the CIty can prosecute, not even
under the Nuisance Ordinance. There may be some private legal actIon
the IndivIdual could take. but there Is nothing the City can do.
Counc I I discussion noted that the ordinance does not address
resIdential fencing that has become an eyesore, suggesting that Is
something the Planning Commission should Investigate further. It was
felt that some reference should be made that fencing In residential
areas shou I d be In harmony with the surrounding areas. possibly
mentioning something In terms of color and style.
MOTION by Perry, Seconded by Jacobson, to refer the fencing
requirements In residential areas to the Planning and Zoning
Commission for their review and recommendation. and to recommend to
the two parties Involved to take advantage of the Mediation Services
available that the City supports In an attempt to resolve their
differences. DISCUSSION: Counc II felt that the City should not get
Involved In a private dispute but that this would best be mediated by
a third party. Staff was asked to contact the League of Minnesota
Cities for guidance as to how to approach both parties regarding
mediation. Motion carried on a 4-Yes, 1-Absent (Slnl th) vote.
ELDORADO STREET/WETLAND CROSSING. CONTINUED
Mr. Schrantz asked If the Counc II would be willing to hire an expert
to help with the presentation to the DNR regarding the wetland
crossing of Eldorado Street. This attorney has prepared much of the
documentation for the developers.
Counc i I suggested Staff try to get copies of the documents that have
been prepared. At this point, they felt that Staff and the
engineering consultants can adequately prepare the supporting
information Justifying the need for Eldorado Street NW.
TELEPHONES
Mr. Jacobson stated the City Is paying approximately $1,800 a year for
three phones In the parks that are only used for two or three months a
year in the warming houses In the parks. The reason the phones are
not disconnected Is because of the expense of hooking them up again.
His research has found It would be considerably cheaper to disconnect
these phones and to purchase three cellular phones for use In the
warming houses.
Counc II agreed. dl rect I ng Staff to have the existing phones
disconnected and to research the costs for three cellular phones.
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Regular Andover City Council Meeting
Minutes - July 21. 1992
Page 7
MAYOR/COUNCIL INPUT
Mayor Orttel reported the City of Ham Lake Is seriously pursuing the
paving of University Avenue from the existing pavement northward to
Constance Boulevard In 1993. He suggested the City meet with
representatIves of Ham Lake regarding the project and that the
residents be brought Into the process as soon as possIble to Inform
them of the project.
It was agreed that Mr. Schrantz wIll contact the Staff of Ham Lake to
decide whether the Road CommIttees or Councils should meet JoIntlY and
whether Informational meetings with the residents will be held by each
city or Jointly.
Councllmember Jacobson noted the Increasing number of trains going
through the City and the traffic that Is backed up as a result. He
felt It Is gettIng to be a problem and could be serIous If emergency
vehicles cannot get through. Mayor Orttel stated the county's 2010
plan shows that Bunker Lake Boulevard will be the major east-west
route through the county to Highway 35W. He felt the City should be
putting pressure on the county to upgrade that raIlroad crossing, and
that constructIon should be such to allow room for an overpass. No
further action was taken at this time.
APPROVAL OF CLAIMS
MOTION by Jacobson. Seconded by Perry, the Bills as presented at
this meeting In the amount of $1,375.258.93. Motion carried on a
4-Yes. I-Absent (Sml th) vote.
MOTION by Jacobson to adjourn. Mayor Orttel declared the meetIng
adjourned at 9:21 p.m.
Respectfully submitted,
~~~
Recording Secretary
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