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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 "- ---- . _~____... ' __ __0 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 .- 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. . - --- ".. -..--. . - - . 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 _..-- ,. - .--