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HomeMy WebLinkAboutCC November 3, 1992 ___.____~__..~___ . .___n __ _________ __ CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304· (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 3, 1992 Call to Order - 8:01 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Assessment Hearing/Delinquent utilities 2. Assessment Hearing/False Alarm Charges 3. Assessment Hearing/Mowing Charges 4. Special Use Permit/Conestoga-Rovers/WDE Site 5. Ordinance 10 Amendment/Buildable Definition Closed Meeting with Attorney Staff, Committee, Commissions 6. Approve 1993 Law Enforcement Contract 7. Siren Repair 8. Appoint Tree Commission Member 9. Land Title Summons/R. Johnson property 10. Appoint Task Force/Eidelweiss Street Non-Discussion Items 11. Award Bid/92-22/Water Trunk/Andover Blvd. 12. Approve Speed Limit/168th Lane 13. Accept Easement/Meadows of Round Lake 14. Approve Final p1at/Woodland Creek 3rd Addition 15. Amend Ordinance 24/Council Salaries Mayor-Council Input Approval of Claims Adjournment .. ,., - . - - -~ . REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 3, 1992 TABLE OF CONTENTS RE S !DENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 1 ASSESSMENT HEARING/DELINQUENT UTILITIES · · · · · · · · · · · · · · 1 Resolution R206-92 adopting Assessment Roll · · · · · · · · · 2 ASSESSMENT HEARING/FALSE ALARM CHARGES Resolution R207-92 adopting Assessment Roll · · · · · · · · · 2 ASSESSMENT HEARING/MOWING CHARGES Resolution R208-92 adopting Assessment Roll · · · · · · · · · · 2 SPECIAL USE PERMIT/CONTESTOGA-ROVERS/WDE SITE Resolution R209-92 granting permit · · · · · · · · · · · · · 2 ORDINANCE 10 AMENDMENT/BUILDABLE DEFINITION Motion to table · · · · · · · · · · · · · · · · · · · · · · · · 3 1993 LAW ENFORCEMENT CONTRACT Motion to approve · · · · · · · · · · · · · · · · · · · · · · · 3 NON-DISCUSSION ITEMS Siren Repair ($2,700 from Building to Civil Defense funds) · · 3 Appoint Tree Commission Members (Brian Lubbers/Dave Parent) · 3 LAND TITLE SUMMONS/L. JOHNSON PROPERTY · · · · · · · · · · · · · · 3 TASK FORCE/EIDELWEISS STREET Motion to appoint five members · · · · · · · · · · · · · · · · 4 AWARD BID/IP92-22/WATER TRUNK/ANDOVER BOULEVARD Resolution R210-92 awarding bid · · · · · · · · · · · · · · · 4 SPEED LIMIT/168TH LANE Resolution R211-92 approving 40 mph speed limit · · · · · · · 4 EASEMENT/MEADOWS OF ROUND LAKE Motion to accept · · · · · · · · · · · · · · · · · · · · · · · 4 FINAL PLAT/WOODLAND CREEK 3RD ADDITION Resolution R212-92 approving final plat · · · · · · · · · · · 5 AMEND ORDINANCE NO. 24/COUNCIL SALARIES (Table) · · · · · · · · · · 5 HANK WEIDEMA EXCAVATING, INC./LITIGATION Motion authorizing litigation · · · · · · · · · · · · · · · · 5 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 6 . "---.. .... ....~ CA. CITY of ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 3, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Ken Orttel on November 3, 1992, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jacobson, McKelvey, Perry, Smith Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Finance Director, Daryl Sulander City Administrator, James Schrantz Others RESIDENT FORUM Bonnie Dehn. Tulip Street - stated it was difficult to get out of the polling place at Fire Station #2. Council also noted the parking problem at the Fire Station #1. Mr. Schrantz stated there were many complaints about the lack of parking at Fire Station #2. They will have to look at the precinct lines again. AGENDA APPROVAL MOTION by Jacobson, Seconded by Perry, the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES October 13, Special Meeting: Correct as written. October 13, Special Closed Meeting: Correct as written. October 20, Regular Meeting: Correct as written. October 20, Special Closed Meeting: Clarify last sentence in Paragraph 1 : "...and would pay for the cost of transition." MOTION by Perry, Seconded by Smith, approval of the Regular Council and Special Council meetings of October 20 and the Special Meeting of October 13 and the closed City Council' Meeting Minutes of October 13. Motion carried unanimously. ASSESSMENT HEARING/DELINQUENT UTILITIES 8:06 p.m. There was no public testimony. MOTION by Jacobson, Seconded by Smith, to close the Assessment Hearing. Motion carried unanimously. -. "-- Regular Andover City Council Meeting Minutes - November 3, 1992 Page 2 (Assessment Hearing/Delinquent Utilities, Continued) MOTION by Jacobson, Seconded by McKelvey, a Resolution adopting the Assessment Roll for certification of delinquent sewer, water and/or street lighting service charges as presented, and refer to the memorandum from the City staff to the City Council dated November 3, 1992, with the roll attached in the amount of $28,543.72. (See Resolution R206-92) Motion carried unanimously. 8:08 p.m. ASSESSMENT HEARING/FALSE ALARM CHARGES 8:08 p.m. There was no public testimony. MOTION by Jacobson, Seconded by Smith, to close the public hearing. Motion carried unanimously. MOTION by Smith, Seconded by Perry, the Resolution adopting the Assessment Roll for certification of delinquent false alarm call fines in the amount of $92.25 as presented. (See Resolution R207-92) Motion carried unanimously. 8:09 p.m. ASSESSMENT HEARING/MOWING CHARGES 8:09 p.m. There was no public testimony. MOTION by Jacobson, Seconded by McKelvey, to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Jacobson, the Resolution adopting the Assessment Roll for certification of delinquent mowing charges in the amount of $375.14. (See Resolution R208-92) Motion carried unanimously. 8:10 p.m. SPECIAL USE PERMIT/CONESTOGA-ROVERS/WDE SITE Mayor Orttel reviewed the request of the Special Use Permit of Conestoga-Rovers and Associates on behalf of the WDE Group to construct a 15' x 22' temporary building to house mechanical and electrical pump controls on the WDE site. It is a wood-frame building. MOTION by Jacobson, Seconded by Smith, the Resolution granting the Special Use Permit as presented. (See Resolution R209-92) DISCUSSION: Councilmember Jacobson clarified the intended Resolution is the one which indicates three conditions in the last paragraph. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 3, 1992 Page 3 ORDINANCE 10 AMENDMENT/BUILDABLE DEFINITION Mayor Orttel suggested a change to Paragraph B, "...100 feet in depth for the required lot width in the District..." As written, the requirement applies from one side of the property line to the other, but in some cases the lot width may be more than what is required for the zoning district. The idea is to create a buildable area on which to place the house. Councilmember Jacobson noted Paragraph B indicates the lowest floor shall be at least three feet above the highest known and/or recorded water table; however, that requirement is not mentioned in Paragraph A. Mr. Schrantz stated the requirement is part of the code; however, he will check with the Building Official on that item. Council agreed to table the item to allow Staff to present a corrected amendment for consideration at the next meeting. MOTION by Jacobson, Seconded by McKelvey, to table. Motion carried unanimously. APPROVE 1993 LAW ENFORCEMENT CONTRACT MOTION by Jacobson, Seconded by perry, that the City Council approve the Law Enforcement Contract between the City of Andover and Anoka County Sheriff for the period of January 1, 1993, to December 31, 1993, for the total amount of $422,718 for that time period. Motion carried unanimously. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Smith, in the affirmation on Agenda Items Number 7: Siren Repair (transfer of $2,700 from the Building fund to the Civil Defense fund), and Item 8: Appoint Tree Commission Members (Brian Lubbers and Dave Parent). Motion carried unanimously. LAND TITLE SUMMONS/i. JOHNSON PROPERTY Attorney Hawkins reported LeRoy Johnson is taking action to register the title of property. One of the issues is Butternut Street. Apparently that street has never been opened. He asked if the City wishes to keep the easement and protect its interest. Council discussion noted a bridge would be needed to cross Coon Creek, and that is very costly; however, Butternut Street would connect that area to the plat which may be developing to the south. Council agreed the City should keep the easement until a plat comes in. At that time it will be determined whether or not the Butternut Street easement is needed. Regular Andover City Council Meeting Minutes - November 3, 1992 Page 4 APPOINT TASK FORCE/EIDELWEISS STREET Mayor Orttel recommended the following members to serve on the task force to study Eidelweiss Street NW north of Bunker Lake Boulevard: Dick Nybeck, representing the school district Keith Jensen, representing the Woodland Creek neighborhood Wayne J. Lehmann, representing the Eidelweiss Street neighborhood Don Jacobson, representing Meadowcreek Church Jack McKelvey, representing the City Council MOTION by Smith, Seconded by McKelvey, recommend these five members to the task force. Motion carried unanimously. Council also appointed Councilmember McKelvey to serve as Chairperson of the task force. AWARD BID/IP92-22/WATER TRUNK/ANDOVER BOULEVARD Councilmember Jacobson asked whether the percentage on the petition to initiate this project meets the City's policy. Mr. Schrantz explained this will be done as a trunk project to the entrance of the Pinewood Estates plat, and the services will be provided to the property line. Then the public hearing will be held to continue the project. The trunk sewer is already in place. The cost to the residents will be a lateral charge even though it is a trunk line. There are sufficient funds in the budget for this water trunk. MOTION by MCKelvey, Seconded by Smith, a Resolution accepting bids and awarding contract for the Improvement of Project 92-22 for trunk watermain construction in the area of Andover Boulevard between Crosstown Boulevard and Hanson Boulevard to be given to Kadlec Excavating of Mora at the price of $57,497.83. (see Resolution R210-92) Motion carried unanimously. APPROVE SPEED LIMIT/168TH LANE MOTION by Smith, Seconded by Jacobson, the Resolution approving a 40 MPH speed limit along 168th Lane between Round Lake Boulevard and Verdin Street NW. (See Resolution R211-92) Motion carried unanimously. ACCEPT EASEMENT/MEADOWS OF ROUND LAKE MOTION by Jacobson, Seconded by Perry, that the City Council accept the easements for watermain and street realignment in the plat known as the Meadows of Round Lake as presented. This Agenda item subject to two conditions: 1 ) the Council understands that one easement for Lot 1, Block 5 is missing; and 2 ) that the document be reviewed by legal counsel to insure its adequacy. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 3, 1992 Page 5 APPROVE FINAL PLAT/WOODLAND CREEK 3RD ADDITION Mr. Schrantz stated Staff is working with the developer to ensure all the necessary drainage and utility easements have been shown on the final plat, plus something will need to be done to connect the watermain to the church line to loop the line. Either an easement will be needed across one lot, or the line will be moved. He felt that item can be worked out. He assured the Council that the final plat will not be signed by the Mayor and Clerk until all items are finalized. MOTION by Smith, Seconded by Perry, a Resolution approving the final plat of Woodland Creek 3rd Addition as being developed by Woodland Development Corporation with the conditions that these things are approved prior to the Mayor and Clerk signing the plat. (See Resolution R212-92) Motion carried unanimously. AMEND ORDINANCE NO. 24/COUNCIL SALARIES Council noted it had agreed to a salary reduction for the Mayor and Councilmembers by $500 each beginning January 1, 1993. Attorney Hawkins recommended a recess while he researched the State Statutes regarding the amendment of Mayor and Council salaries. Council recessed at 8:43 and also held a special closed meeting with the City Attorney regarding potential litigation with Hank weidema Excavating, Inc. , concerning Project 92-8, Andover Boulevard sanitary sewer trunk. Council reconvened at 9:01 p.m. Attorney Hawkins advised the State Statute allows no change in salaries until after the next succeeding municipal election. For the reduction to be effective in 1993, the ordinance would have had to be amended prior to today's election. Any amendment made at this time would not be effective until after the 1994 election. The Councilmembers may voluntarily abide by the original Council motion on the salary reduction. Council asked that Mr. Hawkins check further with the League of Minnesota Cities regarding this matter. HANK WEIDEMA EXCAVATING, INC./LITIGATION MOTION by Perry, Seconded by Smith, that the City Council authorize the City Attorney to proceed with a suit against the Hank Weidema Excavating, Inc. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 3, 1992 Page 6 APPROVAL OF CLAIMS MOTION by Perry, Seconded by Jacobson, the Schedule of Bills dated 10- 30-92 in the amount of $67,954.77. DISCUSSION: Councilmember Jacobson asked Staff to research the costs of pay phones and determine if they can be obtained for a lower cost. Motion carried unanimously. MOTION by Smith, Seconded by McKelvey, to adjourn. Motion carried unanimously. The meeting was adjourned at 9:06 p.m. Respectfully submitted, 'i\~~ Û-~~ Marc lla A. Peach Recording Secretary