HomeMy WebLinkAboutCC April 6, 1993
~ CITY of ANDOVER
Regular City Council Meeting - April 6, 1993
Call to Order - 7:30 p.m.
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Public Hearing/vacation of Right-of-Way/Jay Street
2. Approve preliminary Plat/Pheasant Glen
3. Approve preliminary Plat/Kadlec Estates
4. Amended Special Use permit/16l57 Round Lake Boulevard
S. Variance/17110 Navajo Street N.W.
6. Amend Ordinance 8, section 6.02
7. Comprehensive plan Discussion
8. Eldorado Street Discussion/93-4
9. Report on Storm Sewer Outlet/Winslow Hills
10. stop sign Discussion/Quinn Street north of Bunker Lake Blvd.
11. WDE Contractor Request/Extra working Hours
Staff, Committees, Commissions
12. Award Street Sweeping Quotes
13. Award Bid/Public Works Pickup
14. Approve Joint Powers Agreement w/Anoka County/Recycling
15. Approve "Adopt A Park" Program
16. Insurance Waiver/Army Corps of Engineers
17. Request for Park Funds
18. Approve Garbage Haulers' Licenses
19. Employee Benefit Recommendations
HRA Meeting
20. Award CDBG Public Service Funds
Non-Discussion Items
2l. Approve Final plat/Echo Ridge
22. Approve plans & Specs/9l-22 & 91-28/Round Lake & Bunker Lake
Boulevards
23. Approve Street Sign Installation/Hawk Ridge, countryview
Estates, Verdin Acres
24. Accept Petition/Njordmark-Dale/9l-5
25. Accept Petition/159th W. of Marystone/91-16
26. Approve PIR Resolution/Voting Equipment Purchase
27. Adopt Assessment Roll/90-25
28. Adopt License Fee/Tree Trimmers
29. Approve plans & Specs/92-24
30. Approve Right-of-Way plat/Commercial Boulevard
Mayor-Council Input
Approval of Claims
Adjournment
ANDOVER REGULAR CITY COUNCIL MEETING - APRIL 6, 1993
TABLE OF CONTENTS
RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 1
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2
PUBLIC HEARING: VACATION OF RIGHT OF WAY/JAY STREET · · · · · · 2
Resolution R062-93 vacating right of way . · · · · · · · · · 3
PRELIMINARY PLAT/PHEASANT GLEN · · · · · · · · · · · · · · · · · 3
Motion to deny - withdrawn · · · · · · · · · · · · · · · · 5
Resolution R063-93 to approve plat · · · · · · · · · · · · · 5
PRELIMINARY PLAT/KADLEC ESTATES · · · · · · · · · · · · · · · · · 5
Resolution R064-93 to approve plat · · · · · · · · · · · · · 6
AMENDED SPECIAL USE PERMIT/16157 ROUND LAKE BOULEVARD
Resolution R065-93 to approve · · · · · · · · · · · · · · · 6
VARIANCE/17110 NAVAJO STREET NW . · · · · · · · · · · · · · · · · 6
Resolution R066-93 to deny . · · · · · · · · · · · · · · · · 7
AMEND ORDINANCE 8, SECTION 6.02
Motion to adopt · · · · · · · · · · · · · · · · · · · · · · 7
COMPREHENSIVE PLAN DISCUSSION . · · · · · · · · · · · · · · · · · 7
NON-DISCUSSION ITEMS
Award Bid/Public Works Pickup--Superior Ford . · · · · · · · 8
Approve Joint Powers Agreement/Anoka County Recycling · · · 8
Approve Adopt-A-Park Program . · · · · · · · · · · · · · · · 8
Approve Park Dedication Funds for field maintenance · · · · 8
Approve garbage haulers' licenses · · · · · · · · · · · · · 8
Resolution R067-93 approving final plat/Echo Ridge · · · · · 8
Resolution R068-93 approving plans & specs/IP91-22 · · · · · 8
Resolution R069-93 approving sign install/Hawk Ridge, etc. · 8
Resolution R070-93 accepting petition/Njordmark Dale/9l-5 · 8
Resolution R071-93 accepting petition/159th/91-16 · · · · · 8
Resolution R072-93 approving PIR for Voting Equipment · · · 8
Resolution R073-93 approving plans & specs/92-24 · · · · · · 8
ELDORADO STREET DISCUSSION/IP93-4 · · · · · · · · · · · · · · · 8
REPORT ON S'rORM SEWER OUTLET/IVINSLOW HILLS
Resolution R074-93 ordering preparation/feasibility report . 10
STOP SIGN DISCUSSION/QUINN NORTH OF BUNKER LAKE BOULEVARD . · · · 10
WDE CONTRACTOR REQUEST/EXTRA WORKING HOURS
Motion to allow dig and haul during evening hours · · · · · 11
STREET SWEEPING QUOTES
Motion to award bid to Mike McPhillips, Inc. · · · · · · · · 12
INSUR&~CE WAIVER/ARMY CORPS OF ENGINEERS · · · · · · · · · · · · 12
EMPLOYEE BENEFIT RECOMMENDATIONS
Motion to amenò Item J, Policy No. 3 - Sick Leave · · · · · 12
Motion to contract with Colonial Life & Accident · · · · · · 12
Motion to increase City contribution/health insurance · · · 13
Motion to increase weekend duty pay for PW Supervisors · · · 13
ASSESSMENT ROLL/IP90-25 WATER}ffiIN EXTENSION
Resolution R075-93 adopting assessment roll · · · · · · · · 13
LICENSE FEE/TREE TRIMMERS
Resolution R076-93 setting fees · · · · · · · · · · · · · · 13
RIGHT-OF-WAY PLAT/COMMERCIAL BOULEVARD
Resolution R077-93 accepting plat · · · · · · · · · · · · · 13
SEWER AND WATER SERVICE/COON RAPIDS
Motion to accept terms and conditions · · · · · · · · · · · 14
APPROVAL OF CLAIMS · · · · . . · · · · · · · · · · · · · · · · 14
ADJOURNMENT . . . · · · . · · · · · · · · · · · · · · · 14
~ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - APRIL 6, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack McKelvey on April 6, 1993, 7:32 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dalien, Jacobson, Knight, Perry
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins
TKDA Engineer, John Davidson
City Planner, Dave Carlberg
Assistant City Engineer, Todd Haas
City Finance Director, Daryl Sulander
Public Works Superintendent, Frank Stone
City Administrator, James Schrantz
Others
RESIDENT FORUM
Carolyn Smith, Anoka Countv Inteqrated Waste Manaqement Unit and County
Commissioner Dennis Berq - were present. Ms. Smith commended the City
for its participation in and support of the waste collections.
Councilmembers, Firefighters, Park and Recreation Commissioners, Public
Works employees, Tree Commissioners, and representatives from the
Andover Lions and Lioness organizations volunteered their time at the
collections, plus several businesses and groups from the City provided
gift certificates and other donations. Commissioner Berg presented a
plaque indicating the county's appreciation to the City of Andover for
going above and beyond the call of duty to support this effort. Mayor
McKelvey accepted the plaque on behalf of the City Council and the City
of Andover.
Jerrv Windschitl, 3640 152nd Lane. Chair of the Charter Commission -
stated one member of the Commission has moved from the City, and he
asked direction from the Council regarding that vacancy. Attorney
Hawkins noted the appointment must be made by the Chief Judge of the
District Court 60 days after notification of the vacancy. Normally the
City Council will submit the names from which to choose, but anyone can
submit their name for the position. If the judge does not make a
decision, then the City Council must appoint someone. The Council asked
Staff to provide them with the list of candidates which was compiled for
the most recent appointments. They will make a recommendation for an
appointment at the next meeting.
AGENDA APPROVAL
MOTION by Perry, Seconded by Knight, to approve the Agenda as presented.
Motion carried unanimously.
In\~ ~ Y/:lo/99
Andover City Council Meeting
Minutes - April 6, 1993
Page 2
APPROVAL OF MINUTES
March 11, 1993, Special Meeting: Page 2, Add: The Council agreed
that a driveway be put in the back of the medical building to
provide access for the church. The county agreed.
March 16, 1993, Regular Meeting: Correct as written.
March 16, 1993, Closed Meeting: Correct as written.
MOTION by Knight, Seconded by Jacobson, approval of the Minutes as
presented for March 11 as corrected, March 16 Regular and March 16
Closed. Motion carried unanimously.
PUBLIC HEARING: VACATION OF RIGHT OF WAY/JAY STREET
7:42 p.m. Mr. Haas reviewed the background and the portion of Jay
Street in Watt's Garden Acres to be vacated to separate the residential
area from the commercial area. The vacation also allows Echo Ridge and
Pheasant Glen to plat to the centerline of Jay Street. The eastern
portion will be attached to Lot 1 in Echo Ridge. The western parcel
will be attached to the Pheasant Glen plat subject to an easement for
utilities. There has been some discussion about putting in a barricade
of flexible posts to allow emergency vehicles to enter the area from the
north. An easement would be needed for that crossing.
Mayoé MCKelvey indicated Kottke's Bus Company has requested that Jay not
be closed until Commercial Boulevard is completed between Jay Street and
Hanson Boulevard to allow them the second entrance for their buses.
The hearing was opened for public testimony.
Hubert Smith~Jay Street - questioned why Jay Street shouldn't be closed
before Commercial Boulevard is completed. Mayor McKelvey explained
their desire for a second entrance for the buses.
MOTION by Jacobson, Seconded by Perry, to close the public hearing.
Motion carried unanimously.
The Council discussed the timing of this vacation. Attorney Hawkins
indicated the Council can indicate an effective date for the vacation,
but the plats of Echo Ridge and Pheasant Glen cannot be filed until the
vacation is in place. Further Council discussion noted that once the
work begins on Commercial Boulevard, the buses will not be able to get
across to Jay Street, and that the installation of utilities in Jay
Street will also prohibit the bus traffic. Mayor McKelvey then felt it
would be acceptable to vacate the street now but to leave it open until
the streets are being worked on.
Discussion was then on the issue of providing access from the north.
Mr. Haas felt the easement on the west side can be for both utilities
and road easement. The City can then put up collapsible posts which
will allow emergency vehicles to pass. Mr. Schrantz stated they can
place gravel under the sod to provide a base for the road.
Andover City Council Meeting
Minutes - April 6, 1993
Page 3
(Public Hearing/Vacation of Right of way/Jay Street, Continued)
MOTION by Knight, Seconded by Jacobson, the Resolution in front of us
vacating a portion of right of way for Jay Street NW located in Watt's
Garden Acres, Section 34-32-24, subject to a utility easement west of
Jay, and the date of implementation be the date that Echo Ridge and
Pheasant Glen are recorded as plats in Anoka County. (See Resolution
R062-93) Motion carried unanimously. 7:50 p.m.
APPROVE PRELIMINARY PLAT/PHEASANT GLEN
Mr. Haas provided the background and Andover Review Committee comments
on the proposed preliminary plat of Pheasant Glen. The area is
currently zoned R-4, Single Family Urban and is proposed to consist of
26 lots. It is recommended the existing home on Lot 1, Block 2 be
brought up to meet applicable City ordinances, including the connection
to municipal sanitary sewer and water. The Staff is also recommending
the detached garage be attached to the south side of the house. The
garage would not meet the setback requirements if placed on the north
side of the house, which is the owner's preference. Variances will be
required for Lot 1, Block 1 and Lot 1, Block 2 for lot depth, and on
Lots 1-13 of Block 1 for double frontage lots on a collector street.
The Planning and Zoning Commission recommended approval subject to an
indication from the EPA as to the abandonment of the test wells on the
site and that the relocation of the garage not be on the north side of
the existing house. The Park and Recreation Commission is recommending
cash in lieu of land for park dedication.
Mr. Haas also reported he has received a call from the Coon Creek
Watershed District Engineer who has asked that the approval be
contingent upon the review from the City of Lots 2, 3, and 4 to show the
catch basin and the 100-year flood elevation on the plat, plus that the
homes will meet the elevation requirements.
Curt Corson, Hokanson Development - stated their agreement with the
Hursts, the owners of the property, is to move the garage wherever they
want it. They want it on the north side of the house. Mr. Corson
stated they have done everything they can to allow that, but obviously
a variance would be needed. The only other option they can think of is
to put it on the south side but have it set back far enough so it won't
block the southerly windows. Regarding the issue of the test wells, Mr.
Corson stated they have written to the EPA, but they haven't gotten a
definite response. Until the wells are sealed, the EPA wants access
from Bunker Lake Boulevard.
Sue Hurst, 13440 Jav Street - read a prepared statement thanking the
Mayor for viewing the site regarding their concerns over the location of
the garage, and thanking Councilmember Perry for her support regarding
the condemnation of their property. She went on that as legal owners of
the property, they entered into a legal purchase agreement with Hokanson
Andover City Council Meeting
Minutes - April 6, 1993
Page 4
(Approve Preliminary Plat/Pheasant Glen, Continued)
Development in December, 1992, which states that the buyer will relocate
the garage and slab at their cost to a location acceptable by the
seller. They want the garage located on the north side of their house,
which has no windows. She said the City Staff and Planning and Zoning
Commission are not recommending a variance so the garage can be placed
on the north, and it is totally unacceptable to place it on the south
side where it will block the windows. They do not intend to remodel
their ho:c.e to accommodate the garage on the south side when it can
simply be relocated to the north side of the house. She hoped the
Council would recommend a variance for the garage to be located on the
north. She felt the City bears some responsibility for this, ordering
the condemnations to put the utilities in pre-determined locations for
the developer who does not even own the property. Plus she alleged Mr.
Schrantz has suggested Mr. Hokanson is responsible for this because of
the imposed dependency of this property with that to the south.
Ms. Hurst stated they will not change their minds about the garage
location. She felt the Council has three courses of action -- approve
the plat, which may put it in jeopardy since they will not execute the
agreement unless the garage is located to the north; grant a variance to
allow the location of the garage to the north; or do not approve the
plat and have it redesigned so the road can be placed such that all
setback requirements would be met with the garage on the north to comply
with the terms of the purchase agreement.
Mayor McKelvey stated he has talked to both the developer and the owners
of the property. He agreed there is not enough room for the garage to
be located on the north side of the house, as the infringement in the
setbacks become a safety issue. But on the south side, the garage would
close off half of the light into the house. The only possibility may be
setting the garage on the south side but to the rear of the house, which
would require a variance in the setback to the rear. Council questioned
whether the garage could be placed on the west side or eliminate a lot
to make it fit.
Ms. Hurst - wasn't willing to negotiate the location of the garage this
evening upon the advise of her attorney, but said it wouldn't be a
problem if the garage went to the west. There are no roads on the
property now, and she suggested the road be shifted to accommodate the
garage to the north. It was located on the property at the time of the
purchase agreement, and they deliberately negotiated its relocation.
Mr. Corson - explained they started this process at the same time they
started the property to the south. The intent was to do both plats
together. The issue of the garage came up at a later point, not in the
original contract. Since then they have agreed to a lot of extra things
in order to make the Hursts happy. They were to see if the relocation
to the north was feasible, and they now understand that it is not. They
are already a year behind in the development of this property, and it is
their intention to close on the property. Once they have done so, they
will be able to grant the City everything it needs. He asked that the
City Council approve the preliminary plat.
Andover City Council Meeting
Minutes - April 6, 1993
Page 5
(Approve preliminary Plat/Pheasant Glen, Continued)
Attorney Hawkins advised it is customary to work with the developer of
the property, who usually has the consent of the property owner. The
purchase agreement must be in place before the final plat. The
interpretation of the contract is between the two parties. All the City
is looking at is the plat. The garage is a separate, private issue.
The City can accept the plat, but it will not go any further unless
Hokanson Development has fee title or a contract where both parties join
in on the plat. Council discussion noted the storm sewer easement along
the side of the plat has been taken by the City, but no contract has
been let for the utilities. Mr. Davidson noted if the utilities are not
put in, additional easement will be needed to put the utilities through
the property. The idea was to locate them to fit with the lot lines.
Council debated the course of action, with some concern expressed that
the road as laid out goes right through the present location of the
garage.
MOTION by Perry, Seconded by Knight, that the City of Andover not accept
the preliminary plat of Pheasant Glen because the road configuration is
not in correct. DISCUSSION: Councilmember Jacobson argued the road
location is correct, but the building will need to be removed prior to
the acceptance of the streets. The question is where the garage will be
located. Mr. Haas pointed out the resolution specifically indicates the
garage must be moved to the south side of the house. After further
discussion it was finally agreed that the garage relocation is a legal
issue between the two parties and that its location does not affect the
layout of the plat in terms of meeting the ordinance requirements.
Attorney Hawkins advised by approving the layout of the plat, neither
party gains any advantage with regard to the garage relocation. It
remains a private matter.
Councilmembers Knight and Perry WITHDREW the Second and the Motion.
MOTION by Knight, Seconded by Jacobson, the Resolution approving the
preliminary plat of Pheasant Glen as being developed by Hokanson
Development with the following change: That on Item 3, the last
sentence be removed, that of "In addition, the garage will need to be
attached to the existing home on the south side and meet all building
code requirements." The wording in the first sentence of Item 3 be
changed to: "The existing building on Lot 1, Block 2 be brought to meet
the intent..." Include an easement as recorded in the northwest corner
of Lot 13, Block 1 be shown. Also the developer is to provide
information regarding the 100-year flood elevation located in Block 2 on
the grading and drainage plan. (See Resolution R063-93) Motion carried
on a 4-Yes, I-No (perry) vote.
APPROVE PRELIMINARY PLAT/KADLEC ESTATES
Mr. Haas reviewed the proposed preliminary plat of Kadlec Estates
located in the vicinity of 153rd Avenue and Round Lake Boulevard. The
Andover City Council Meeting
Minutes - April 6, 1993
Page 6
(Approve Preliminary Plat/Kadlec Estates, Continued)
area is currently zoned R-l with 14 single family rural lots proposed.
Variances are required for Lot 1, Block 1 to access directly onto Round
Lake Boulevard and for l53rd Avenue, which is offset approximately 20
feet from the existing 153rd in Lakeridge. The P&Z recommends approval
with consideration given to the drainage plan which was questioned by
Ken Slyzuk, an adjacent property owner, and an illegal waste dump site.
Mr. Haas understood Mr. Slyzuk now agrees with the revised grading plan
presented to the Council this evening. Residents petitioned to have the
dump site on Lot 8, Block 2 cleaned up. The City has received a letter
from the PCA regarding this matter, and Staff is working with the
developer and owner of the property to have the site cleaned up.
Ken Slvzuk - stated he is in agreement with the revised grading and
drainage plan as long as the natural berm will remain untouched.
MOTION by Jacobson, Seconded by Perry, the Resolution prepared by Staff
approving the preliminary plat of Kadlec Estates as being developed by
Kadlec Construction Company with the change in Item 5 to read as
follows: "The City Staff and PCA Staff make an inspection to determine
the situation with the illegal waste dump." Item 6 to be changed to
read, "The berm on Lot 9 in the south southeast corner will remain."
(See Resolution R064-93) Motion carried unanimously.
AMENDED SPECIAL USE PERMIT/16157 ROUND LAKE BOULEVARD
Kent Sticha. US West NewVector Group - stated they are basically
changing the antenna because of the increased usage in the area. with
the panels, the antenna will not be as tall as it is now. The change
will not be noticeable but will provide better service.
MOTION by Jacobson, Seconded by Knight, a Resolution granting the
Amended Special Use Permit request of Minneapolis SMSA Ltd. Partnership
c/o us West NewVector Group to alter an existing 200-foot cellular radio
tower at 16157 Round Lake Boulevard NW as presented. (See Resolution
R065-93) Motion carried unanimously.
VARIANCE/17110 NAVAJO STREET NW
Dave Reqal. Reqal Construction. Inc. - explained he came to the City
prior to purchasing the lot regarding the building he wished to
construct on the lot. After buying the lot and applying for a building
permit, he was denied the permit because the house does not meet the
1200-square-foot requirement for that district. He was not told of the
requirement prior to the purchase. He argued the variance should be
granted because of the hardship on the lot due to the large power line
easement through it which creates a small area in which the house, well,
and septic system can be constructed to meet FHA and City guidelines.
The lot has been vacant for many years, and he didn't feel anyone would
want to build an expensive home on it because of the easement.
Andover City Council Meeting
Minutes - April 6, 1993
Page 7
(Variance/17110 Navajo Street NW, Continued)
Councilmember Jacobson stated the septic system can be constructed
within the power line easement with permission, which provides a larger
area in which to build the house. Mr. Reqal - didn't feel anyone would
want to be situated right next to the power line, plus the FHA
guidelines would not allow it. He also stated the people who would be
purchasing the house cannot afford anything larger. This couple is
willing to live next to the power line; and with the variance, more
money will be put into the tax rolls.
Staff and Council felt that it is possible to meet the 1200-square-foot
requirement within the setback requirements; and therefore, no hardship
could be found to approve the variance.
MOTION by Perry, Seconded by Jacobson, that we accept the recommendation
of the Planning and Zoning Commission and their findings that the
request does not meet the requirements set forth in Ordinance 8, Section
5.04, and that we find no hardship exists to the parcel or the
topography of the parcel; and that the City Council denies the variance
request. (See Resolution R066-93) Motion carried unanimously.
AMEND ORDINANCE 8, SECTION 6.02
MOTION by Jacobson, Seconded by Perry, that the Council adopt Ordinance
No. 8ZZZ, an Ordinance amending Ordinance No. 8 known as the Zoning
Ordinance of the City, which changes the setback minimum requirements in
the R-l and R-2 districts, the Sideyard setback from the street. Motion
carried unanimously.
COMPREHENSIVE PLAN DISCUSSION
Mayor McKelvey reported on his meeting with representatives of the
Metropolitan Council. Referencing the April 5, 1993, letter from
Richard Thompson, Senior planner of the Metropolitan Council, the Met
Council Staff finds no basis for changing the 100-acre MUSA expansion
they proposed in December, 1992; but they would support a change to
their proposal that committed all parties that have responsibility or
jurisdiction over TH 10 to participate in the analysis of any proposed
road improvements. The Mayor continued that in a phone conversation
with Mr. Thompson today, he was told that the City does not need to
withdraw its Comprehensive Plan but may submit a formal Minor Amendment
plan to satisfy the plan modification. The City is basically assured of
the inclusion of the 100 acres into the MUSA this year.
The Mayor also told Mr. Thompson that the existing lots in Andover's
sewered area is approximately 400 less than the 700 indicated in his
letter. With that difference, the Mayor felt Mr. Thompson sounded
receptive to the City's proposal to be allowed 600 acres to be included
in the MUSA over the next three-year period. The stipulation would be
that the City would work with them on the updating of the Transportation
Andover City Council Meeting
Minutes - April 6, 1993
Page 8
(Comprehensive Plan Discussion, Continued)
System over that three-year period. with the Council's permission,
Staff is prepared to send the letter before the Council to the
Metropolitan Council requesting to be placed on the April 15, 1993,
meeting agenda of the Committee of the Whole to present the City's need
for an additional 600 acres to pay for the City's sewer and water
investment that has been constructed.
The Council gave conceptual approval to the letter to Dottie Ristow,
Chairperson of the Metropolitan Council and to the request of being
allowed 600 acres within the MUSA over the next three years. Mayor
McKelvey stated he will continue working and negotiating with the
Metropolitan Council to resolve the entire situation so that the
construction year is not lost. Council asked that there is a clear
understanding of the City's obligation in the Transportation issue in
exchange for any concessions on the part of the Metropolitan Council.
NON-DISCUSSION ITEMS
MOTION by Jacobson, Seconded by Perry, the Council act in the
affirmative on the following Agenda items:
13. Award Bid/Public Works Pickup to Superior Ford for
$23,460.40
14. Approve Joint Powers Agreement with Anoka County/Recycling
15. Approve Adopt-A-Park Program subject to legal counsel's
review and okay
17. Request for Park Dedication Funds/$10,000 for field
maintenance
18. Approve Garbage Haulers' Licenses (Ace Solid Waste, Johnson
Sanitation, Peterson Brothers Sanitation, Pretzel's
Sanitation, T & R Sanitation)
2l. Approve Final Plat/Echo Ridge (See Resolution R067-93)
22. Approve Plans & Specs/IP91-22 and IP91-28/Round Lake and
Bunker Lake Boulevards (See Resolution R068-93)
23. Approve Street Sign Installation/Hawk Ridge, Countryview
Estates, Verdin Acres (See Resolution R069-93)
24. Accept Petition/Njordmark-Dale/91-5 (See Resolution R070-93)
25. Accept Petition/159th West of Marystone/IP9l-16 (See
Resolution R07l-93)
26. Approve PIR Resolution/Voting Equipment Purchase (See
Resolution R072-93)
29. Approve Plans and Specs/IP92-24 (See Resolution R073-93)
Motion carried unanimously.
ELDORADO STREET DISCUSSION/IP93-4
Mayor McKelvey suggested that because both Eldorado Street and 166th
were on the City maps back to 1971, that the City accept Eldorado as a
street right of way and allow the Larsons to build in the back with
Andover City Council Meeting
Minutes - April 6, 1993
Page 9
(Eldorado Street Discussion/IP93-4, Continued)
access from a private driveway over the street easement. (See Discussion
in City Council Meeting Minutes of March 16, 1993, Page 4.) Mr. Larson
is willing to dedicate the land for the Eldorado easement and is also
willing to maintain it. The Mayor noted it has been done in the City in
the past. A total of three residents would then be using it as a
private driveway, as two homes exist off 166th right now. He felt a
stipulation could be put in an agreement that if any other home is
constructed back there, the road would have to be brought up to code and
assessed to benefitting properties. Mayor McKelvey felt this situation
is unique because Eldorado was graveled and is the full width of a
street, the daughter of the owner of Eldorado thought it had been
accepted as a City street, homes were built back there that use 166th
and Eldorado, plus the City did plow it for a period of time.
There was a lengthy discussion on the issue. Several Councilmembers had
a problem with the Mayor's suggestion, arguing similar requests in the
past have been turned down because it does not meet the ordinance
requirements. They were also concerned that if this is allowed in this
instance, there will be many similar requests for private driveways over
public easements, which they felt is poor planning.
Councilmember Knight stated some other communities allow long private
driveways to access those lots that do not have road frontage, but the
specifications are very tightly written in terms of width of road, road
conditions, etc. In this case it would be a private driveway coming off
an already existing private easement. If the City wants to allow it, he
felt an ordinance change would be needed. Mr. Schrantz stated that is
allowed in Maple Grove, and it causes a lot of problems. The Attorney
noted the Council may make such a change, but it would change the
position that the City has held for many years.
Mr. Larson - stated he would dedicate the right of way and would !/"
maintain Eldorado Street. He would not take care of 166th.
Ken Slvzuk - felt this is different from other situations because there
is an existing graveled road which was shown on the City maps. He
stated other driveways over easements have been approved that are in
worse condition than Eldorado.
After further discussion, a voice vote was taken on whether the Larsons
should proceed with the Mayor's proposal and have a maintenance
agreement drawn up for the Attorney's review. Both Mayor McKelvey and
Councilmember Knight felt something could be worked out to allow the
Larsons to build in the back of their lot using Eldorado as a private
drive. Councilmembers Dalien, Jacobson and Perry felt there would be a
lot of ramifications if this were allowed, arguing it was not allowed in
similar situations in the past because it does not meet the ordinance
requirements. with a majority of the Council opposed, the recommendation
to the Larsons was not to proceed with the Mayor's suggestion.
Andover City Council Meeting
Minutes - April 6, 1993
Page 10
REPORT ON STORM SEWER OUTLET/WINSLOW HILLS
Mr. Davidson reviewed the proposal to construct the storm sewer overflow
from the pond at the north end of Xeon Street NW to the Andover pond
along Xeon Street NW. A storm sewer assessment was levied against
Winslow Hills 1st Addition at the rate of $0.041 per square foot. The
proposal is to assess the Winslow Hills 2nd and 3rd Additions an
equivalent amount. The cost to do the feasibility report would not
exceed $2,000. The additional amount is due to the considerable amount
of computer work over large areas other than just the two plats.
Mr. Davidson noted the pond in Oak Bluff is not fully developed. When
it is, the property owners will be protected from the 100-year flood.
That area was assessed initially for the storm sewer and will not be
assessed again; but at some point in time the area between Hartfelds
Estates and the two storm sewers will be assessed, plus Hartfelds. Mr.
Schrantz noted the feasibility cost becomes part of the overall project
which is assessed back to the property owners.
MOTION by Jacobson, Seconded by Perry, the Resolution ordering
preparation of a feasibility report for the improvements of storm
drainage, Project No. 93-9, in the Winslow Hills area, with the change
that the cost not exceed $2,000. (See Resolution R074-93) Motion
carried unanimously.
STOP SIGN DISCUSSION/QUINN STREET NORTH OF BUNKER LAKE BOULEVARD
Councilmember Knight stated the stop sign mayor may not be an issue.
He received calls from homeowners who are complaining about the safety
factor along that street. He asked for some discussion regarding the
problem. He visited the area and noticed one problem where the design
of the curve is such that the cars drive across the lawns on both sides
of the street. There were some instances of excessive speed.
Shelia Freeman - requested the speed limit be dropped to 15 mph. There
are a lot of kids in the area. The Council explained the speed limit is
set by State Statute; and in all likelihood would not be observed any
more than the 30 mph speed limit is observed.
Several residents felt that reflectors placed along the curb would just
be run down by the cars. They have had mail boxes run into and light
flares run over. They have talked to teenagers and their parents, have
followed the drivers, and called the Sheriff, but the problem continues.
The worst time of the day is between 3 and 6 o'clock. They asked if
Quinn Street could be blocked off just south of 138th Avenue where it
originally stopped before the subdivision to the south, feeling that
would alleviate the problems. Since the road was opened up four years
ago, it has been a thoroughfare with speeding, drag racing, and careless
driving. Someone also pointed out the speed limit signs are not in the
line of vision when coming up Quinn from Bunker Lake Boulevard.
Andover City Council Meeting
Minutes - April 6, 1993
Page 11
(Stop Sign Discussion/Quinn Street north of Bunker Lake Blvd, Cont.)
The Mayor agreed to ask the Sheriff Department to patrol the area with
some regularity in an attempt to cûntrol the speed and careless driving,
especially during the late afternoon hours. Mr. Stone stated he would
look at the signing and fix them. Mr. Schrantz agreed to meet with the
residents Thursday evening in the neighborhood to discuss the problem
with the curve.
WDE CONTRACTOR REQUEST/EXTRA WORKING HOURS
Carl Borden. Carl Balander & Sons ComDanv - explained they are the
contractor on the WDE Site. He requested a variance in the mining
permit hours to 7 a.m. instead of 8 a.m. to take advantage of the cooler
hours of the day. Their equipment, which is located on the west side of
Hanson Boulevard and 139th, would start at 7 a.m. Also the trucks would
be starting from the borrow pits in Isanti and Rogers at 7 a.m.,
expecting to arrive at the WDE site around 8 a.m.
Council noted that the Special Use Permit addresses the hauling to the
site, not the equipment working on site. If the trucks do not arrive at
the site until 8 a.m., no change is needed in the permit. No action was
taken.
Mr. Borden - requested approval to use a night shift for refuse removal
along Hanson Boulevard and l40th Lane. Due to the nature of work and
the degree of traffic along Hanson Boulevard, they would prefer to work
in that area between 8 p.m. and 6:30 a.m. This would expedite the
hazardous work along Hanson Boulevard where the cut would come right up
to the edge of the asphalt. They will be dealing with contaminated
materials and would prefer to work during the low traffic period. The
project would take three or four days, the equipment would be muffled
and have spark arresters.
Jon Christofferson, Conestoqa-Rovers & Associates - stated they will
also be sending a letter to Andover residents within the week informing
them what is taking place on the site. The contractor will also be able
to let the City know about a week in advance of when it will be doing
the work in the Hanson Boulevard right of way. OSHA standards will be
used for excavating along the right of way. Mr. Schrantz indicated the
plans for this have been approved by Anoka County. The Council agreed
to the request but directed Staff to inform the neighboring residents
what will be taking place.
MOTION by Knight, Seconded by Perry, to allow Carl Balander & Sons
Company to dig and haul for three to four days during the evening hours
to remove the debris along Hanson Boulevard, and that they give City
Staff enough notice to notify the neighboring residents. Motion carried
unanimously.
Andover City Council Meeting
Minutes - April 6, 1993
Page 12
AWARD STREET SWEEPING QUOTES
Mr. Stone explained the bid specifications requested the age of machine
because of problems experienced in past years due to frequent
breakdowns, accidents and inexperienced operators. Other cities have
used these same specifications. Mike McPhillips, Inc., the fourth lowest
bidder, is the first company to meet the specifications of having at
least three machines that are 1989 or newer and experienced operators.
He recommended the bid be awarded to Mike McPhillips, Inc.
MOTION by Knight, Seconded by Perry, that we accept the bid of Mike
MCPhillips, Inc., at the rate of $58.75/hour per machine. Motion
carried unanimously.
INSURANCE WAIVER/ARMY CORPS OF ENGINEERS
Park and Recreation Commission Chairperson Jeff Kieffer reported the
Army Reserve has indicated it wants to reduce how much time they will
spend on the Park Complex project. They are talking now of coming only
two weekends rather than five or more. The Andover Recreational
Development Association is checking into it further plus into other
options. The other problem is the Attorney has advised the City not to
sign the insurance waiver requested by the Army Reserve.
Attorney Hawkins advised the waiver was too open ended and leaves the
City exposed to liability claims. If volunteers are working under the
City's supervision, the City's insurance would cover that; but the City
does not indemnify contractors.
In further discussion, it was noted that the Army Reserve has done
similar projects for other cities, including the leveling of the back of
the Crooked Lake School. It was suggested the Park Board or Association
check with those entities and how they handled the insurance waiver
issue. One alternative may be to buy a short-term liability insurance
policy for them. No Council action was taken.
EMPLOYEE BENEFIT RECOMMENDATIONS
Councilmember Jacobson reviewed the recommendations from the Personnel
Committee on several issues. The following Council actions were taken:
MOTION by Perry, Seconded by Knight, Item J of Personnel Policy No. 3 -
Sick Leave; strike "through a deduction from accumulated sick leave
benefits." Motion carried unanimously.
MOTION by Perry, Seconded by Knight, that the City contract with
Colonial Life and Accident Insurance Company to administer the Section
125 cafeteria plan as well as provide disability insurance that would be
available to employees of the City. Motion carried unanimously.
Andover City Council Meeting
Minutes - April 6, 1993
Page 13
(Employee Benefit Recommendations, Continued)
MOTION by Knight, Seconded by Dalien to increase the City contribution
to family coverage health insurance for the general City employees
retro-active to January 1, 1993, to $270/month. Motion carried
unanimously.
MOTION by Dalien, Seconded by Perry, to increase the weekend duty pay
for Public Works Supervisors to $23.03/hour retro-active to January 1,
1993. Motion carried unanimously.
The Council recessed to hold an HRA meeting, 11: 20 p.m.; reconvened
11:30 p.m.
ADOPT ASSESSMENT ROLL/IP90-25 WATERMAIN EXTENSION
Staff noted the public hearing was waived by the owner of the property.
MOTION by Knight, Seconded by Perry, the Resolution adopting the
assessment roll for the improvement of watermain extension, Project No.
90-25. (See Resolution R075-93) Motion carried unanimously.
ADOPT LICENSE FEE/TREE TRIMMERS
MOTION by Perry, Seconded by Knight, the Resolution setting fees for
tree trimmers pursuant to Ordinance 29C as presented. (See Resolution
R076-93) Motion carried unanimously.
(Council recessed; 11:36; reconvened 11:42)
APPROVE RIGHT-OF-WAY PLAT/COMMERCIAL BOULEVARD
Attorney Hawkins advised the method of platting right of way for road
projects has been used by the county. It facilitates the right of way
acquisitions by creating a new parcel for the road. It does not convey
anything to the City; the City still has to pay for the right of way
from the individual property owners.
MOTION by Jacobson, Seconded by Perry, that the City Council accept the
plat known as the City of Andover Highway Right of Way Plat No. 1 as
presented to the Council tonight and authorize the Mayor and Clerk to
sign and register the documents with Anoka County. (See Resolution
R077-93) Motion carried unanimously.
SEWER AND WATER SERVICE/COÇJN RAPIDS
Mr. Schrantz noted the proposal from the City of Coon Rapids regarding
sewer and water service in the vicinity of Jay Street and Echo Ridge
plat. He felt the prices quoted by Coon Rapids are reasonable. The
Andover City Council Meeting
Minutes - April 6, 1993
Page 14
(Sewer and Water Service/Coon Rapids, Continued)
City will collect the same amount of money as it would pay Coon Rapids,
plus Coon Rapids will maintain their lines without any additional charge
to Andover. If the Council approves, a formal agreement will be drawn
up with Coon Rapids.
MOTION by Jacobson, Seconded by Dalien, that the Council accept the
terms and conditions set forth by Coon Rapids in their letter dated
March 22, 1993; and have Staff prepare the necessary legal documents for
review by City Attorney and brought back to the Council for action.
Motion carried unanimously.
APPROVAL OF CLAIMS
MOTION by Perry, Seconded by Knight, approval of the Schedule of Bills
dated 4-6-93 in the amount of $127,277.90. Motion carried unanimously.
MOTION by Knight, Seconded by Perry, to adjourn. Motion carried
unanimously. Meeting adjourned at 11:50 p.m.
Respectfully submitted,
~a~~
Rp.cording Secretary