HomeMy WebLinkAboutCC July 20, 1993
~ CITY of ANDOVER
Regular City Council Meeting - July 20, 1993
Call to Order - 7:30 p.m.
Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1- Lot Split/13350 Hanson Boulevard/Mardaus
2. Special Use Permit/In-home Beauty Sa10n/S24-159th Ave.
3. Special Use Permit/Construction of Accessory Structure
Prior to Principal Structures/167th Avenue
Staff, Committees, Commissions
4. Temporary Mobile Home permit/Lot 2, Block 1, Timber Meadows
S. Approve Animal Control Contract
6. Authorize Sale of Used voting Equipment
7. Approve Street Spec Change
8. Authorize Expenditure of CDBG Funds/Transportation Study
Non-Discussion Items
9. Award Bid/92-25/university Avenue
10. Approve plans & Specs/91-5/Njordmark Dale
11. Approve Plans & Specs/91-16/159th Avenue
12. Approve EasementsjWinslow Hills 3rd
13. Accept Petition/Pine Hills/93-18
14. Accept street/Andover Boulevard/92-24
15. Declare Cost/order Assessment Roll/Andover Boundary
Commission plat #1
16. Accept petitionjWaive Hearing/Order Improvement/
Watermain/137th & Quinn
Mayor-Council Input
Approval of Claims
Adjournment
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 20, 1993
TABLE OF CONTENTS
RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1
Motion allowing development of Weybridge 3rd if storm
sewer assessments shown as paid by Gaughan Companies
are verified . · · · · · · · · · · · · · · · · · · · 2
AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 3
APPROVAL OF MINUTES . · · · · · · · · · · · · · · · · · · · · · · 3
LOT SPLIT/13350 HANSON BOULEVARD/MARDAUS
Resolution R158-93 granting lot split · · · · · · · · · · · · 3
SPECIAL USE PERMIT/IN-HOME BEAUTY SALON/524 l59TH AVENUE
Resolution R159-93 approving Special Use Permit · · · · · · · 4
SPECIAL USE PERMIT/CONSTRUCTION OF ACCESSORY STRUCTURE PRIOR
TO PRINCIPAL STRUCTURES/167TH AVENUE (Table) · · · · · · · · 4
AWARD BOND SALES · · · · · · · · · · · · · · · · · · · · · · · · 4
Resolution R160-93 awarding $3,650,000 GO Improvement Bonds,
Series 1993A · · · · · · · · · · · · · · · · · · · · · · 5
Resolution R161-93 awarding $520,000 General Obligation Tax
Increment Bonds, Series 1993B · · · · · · · · · · · · · 5
TEMPORARY MOBILE HOME PERMIT/LOT 2, BLOCK 1, TIMBER MEADOWS
Motion to approve · · · · · · · · · · · · · · · · · · · · · · 5
NON-DISCUSSION ITEMS
Approve Animal Control Contract to July 31, 1994 · · · · · · 5
Authorize sale of used voting equipment · · · · · · · · · · · 5
Authorize expenditure of CDBG funds/Transportation Study · · 5
Resolution R162-93 awarding bids/IP92-25/University Ave · · · 5
Resolution R163-93 approving plans and specs/IP91-5/
Njordmark Dale · · · · · · · · · · · · · · · · · · · · · 6
Resolution R164-93 approving plans and specs/IP91-16/159th · 6
Approve easements/Winslow Hills 3rd
Resolution R165-93 accepting petition/Pine Hills/IP93-18 · · 6
Resolution R166-93 accepLing street/Andover Blvd/IP92-24 · · 6
Resolution R167-93 declaring cost/order assessment roll/
Andover Boundary Commission Plat #1 · · · · · · · · · · 6
APPROVE STREET SPEC CHANGE
Motion to table to August 3 · · · · · · · · · · · · · · · · 6
ACCEPT PETITION/WAIVE HEARING/ORDER IMPROVEMENT/WATER/137TH & QUINN
Resolution R168-93 declaring adequacy of petition/order
feasibility report/IP93-19 · · · · · · · · · · · · · · · 7
Resolution R169-93 accepting feasibility/waive public hearing/
order improvement/direct plans and specs/IP93-19 · · · · 7
MAYOR/COUNCIL INPUT
Motion authorizing Staff to publicize requests for bids/
Oak Wilt Control Consultant · · · · · · · · · · · · · · 7
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · 7
ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · 7
C}\ CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - JULY 20, 1993
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to
order by Mayor Jack MCKelvey on July 20, 1993, 7:30 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
City Planner, Dave Carlberg
City Finance Director, Daryl Sulander
Others
RESIDENT FORUM
Rav Warren, 15744 Niqhtinqale - wanted some answers regarding the water
problems on 159th and Quinn. For several years he has been negotiating
with the City Engineers to dig a ditch on his property to let the
overflow storm drainage come over. He agreed with the provision that
the ditch along Nightingale also be cleaned to take care of the overflow
so he doesn't get water by his house. Then he was told by Mr. Schrantz
that they weren't going to dig the ditch. Then, without saying a word
to him, a ditch was dug on his neighbor's property right next to his
property. The result is the water seeps go his property and raises in
front of his house. He wanted to know who gave authority for that ditch
to be done and how could it have been done without talking to him about
it. Why wasn't he informed? He's talked to Staff about it and feels he
has been given the run around. Mr. Warren again stated he will agree to
let the City dump water in the ditch. All he is asking is that the
ditch along Nightingale be opened so the overflow will not create
problems for him.
Mayor McKelvey also understood from Mr. Schrantz that a ditch was not
going to be put in. Mr. Haas stated he wasn't involved in that project
and that he would have to talk with Glenn Cook of BRA who did the street
project for 159th and Quinn.
Jerry Windschitl - stated he is the adjoining property owner and has
followed the item closely because what is channeled through Mr. Warren's
property runs into his land. The intent was to go through Mr. Warren's
property, and he has been checking with the City regularly on the status
of that ditch. Mr. Schrantz told him early in the spring that the ditch
was not going to be dug. He was surprised that a ditch was put in and
wondered if a permit was acquired to do so.
The Council asked Mr. Haas to research the issue with Mr. Cook of BRA,
and that Mr. Cook write a letter to Mr. Warren and to the City by the
end of the week as to what took place regarding the ditch.
--i\\~~ dY'-?-j3!Q3
Regular Andover City Council Meeting
Minutes - July 20, 1993
Page 2
(Resident Forum, Continued)
Jerrv Windschitl. 3640 l52nd Lane, Ashford Development Corporation -
referenced the issue discussed at the July 6, 1993, City Council meeting
regarding the Weybridge 3rd Addition project. He said the Council had
asked him to provide proof that the property had paid the assessments
for the storm drainage. He has provided a letter from The Gaughan
Companies, an independent party, dated July 19, 1993, which outlines the
assessments paid on the property. He would like to get the project
moving and asked what is the procedure to get the storm drainage
assessment issue resolved. His attorney was also promised a letter
before the last Council meeting, which he still has not received.
Attorney Hawkins stated the letter was just received today and neither
he nor Mr. Davidson of TKDA have had a chance to review it. The
procedure would be for Mr. Davidson to review the information in the
letter and report back. He assumed that report would be back in a week.
Council agreed the project could proceed assuming the statements
regarding the payment of storm sewer assessments in the Gaughan Company
letter are verified.
MOTION by Jacobson, Seconded by Knight, that the City Council allow the
construction of the facilities at Weybridge 3rd pending the
determination by the City Attorney and City Engineers as to the accuracy
of the information of the letter dated July 19 addressed to Mayor
McKelvey. If the letter is factual and the amounts were paid, authorize
the Attorney to proceed with the documentation to be signed and allow
the developer to proceed. If the information is not factual, the
preceding ruling of the Council would stand. Motion carried unanimously.
Katie Niznick, 14007 Ouinn Street NW - was asked by the area residents
to speak to the Council regarding the closing of Quinn Street between
138th and 137th. She stated the street was barricaded without their
knowledge and without their knowing why. The residents are wondering
why the road was barricaded without asking the opinion of everyone. They
are wondering if there is any way to take the barricades down until
there is an open discussion with the Council hearing both sides of the
issue. Mayor MCKelvey explained the problem that has been occurring in
that vicinity of high speed and careless driving and threats against the
neighbors. The Council agreed to temporarily close the street until
September 21, 1993, at which time a public hearing will be held in which
everyone from the Red Oaks Manor Additions will be invited. At that
time the Council will determine whether to reopen the road or to close
it permanently.
Ms. Niznick - stated the closing of the street will not solve the
problem because those drivers will just speed down other streets. The
residents understand the safety issue, as she lives on Quinn and there
are speeders past her place as well, especially since the new
subdivisions were developed. But closing the street simply redirects
the speeders down to 139th or 140th. She felt the City should deal with
the violators, not close the road off to everybody.
~--
Regular Andover City Council Meeting
Minutes - July 20, 1993
Page 3
(Resident Forum, Continued)
There was a lengthy discussion with the Council explaining the
difficulty of resolving the situation and several residents in the
audience disagreeing with the street closing, noting that is not the way
other problems have been resolved, that the speeding is also from
Nightingale to l39th, that the problem is not the road but the drivers,
plus there are other traffic problems. Attorney Hawkins explained
speeding violations cannot be charged unless witnessed by a Deputy, but
he can prosecute violators for driving without a license or other
offenses if a resident can verify that it was done. Ms. Niznick also
suggested if Quinn is to be closed south of l38th to separate the two
neighborhoods, the City should also close Quinn north of l40th so Red
Oaks Manor is separated from Kensington Estates. Then the neighborhood
is the way it originally was and the speeding problem in Red Oaks Manor
would be considerably lessened. Council again noted the street will
remain barricaded until the September 21, 1993, public hearing, but they
will be looking at other solutions. No further action was taken.
AGENDA APPROVAL
Add Item 3a, Award Bond Sale.
MOTION by Jacobson, Seconded by Perry, to approve the Agenda as amended.
Motion carried unanimously.
APPROVAL OF MINUTES
5
June ~ 1993: Correct as written.
July , 1993: Table to allow time for the City Attorney to review.
MOTION by Knight, Seconded by Jacobson, approval of the June 24, Special
Meeting. Motion carried on a 4-Yes, l-present (Perry) vote.
MOTION by Jacobson, Seconded by Perry, to layover the July 6 Minutes
for two weeks and let the City Attorney look at the section on Weybridge
3rd to make sure they are legally correct and that what was said is
correct. Motion carried unanimously.
LOT SPLIT/13350 HANSON BOULEVARD/MARDAUS
MOTION by Knight, Seconded by Jacobson, the Resolution granting the lot
split request of Marilyn and Milton Mardaus to create two parcels. (See
I Resolution R158-93) DISCUSSION: Council indicated the granting of the
I lot split does not in any way imply consent for a rezoning to
Industrial. That would have to stand on its own merit. Motion carried
unanimously.
Regular Andover City Council Meeting
Minutes - July 20, 1993
Page 4
SPECIAL USE PERMIT/IN-HOME BEAUTY SALON/524 159TH AVENUE
MOTION by Jacobson, Seconded by Perry, the Resolution granting the
Special Use Permit request of Mary Hamment to operate an in-home beauty
salon at 524 159th Avenue NW. (See Resolution R159-93) Motion carried
unanimously.
SPECIAL USE PERMIT/CONSTRUCTION OF ACCESSORY STRUCTURE PRIOR TO
PRINCIPAL STRUCTURES/167TH AVENUE
Mayor McKelvey noted the Planning and Zoning Commission recommended
denial of the Permit.
Dwiqht Kiellberq, father of applicant, Rooer Kiellberq - stated the
building would be used as a machine storage building. There is 35 acres
there, and it is not all wetland. The people they purchased the land
from have documents with the perk tests which show it is possible to
construct the buildings. They want to use the land but cannot unless
they are able to put up a building to store the machinery. In the
future, hopefully within three years, they will be able to afford to
build a home. He didn't think there would be a vandalism problem. The
purpose of the building is to avoid vandalism. It doesn't make sense for
them to take their farm machinery out there and lay it on the ground.
The former owner of the property stated Chris Lord of the District
Conservation Department studied the property and found quite a bit of
buildable area. Mr. Carlberg noted the flood plain map indicates most
of the property is within that flood plain. Whether there is enough
buildable area cannot be determined until soil borings are done or the
Building Department looks at it. Another issue is establishing a front
lot line. If it comes off 167th, there is only 30 to 40 feet at the
front setback line instead of the required 300 feet.
The former owner indicated she had soil borings done and suggested the
item be tabled. She offered to provide the City with all of the
information she has on the property. Councilmember Jacobson questioned
whether this would be classified as agricultural land or whether the
building could be defined as an agricultural building. The Kjellbergs
verbally requested the item be tabled until August 3 to allow Staff time
to review the documentation provided this evening. Council agreed.
This will be placed on the August 3, 1993, Agenda.
AWARD BOND SALES
Attorney Hawkins reviewed the following schedule of bids for $3,650,000
General Obligation Improvement Bonds, Series 1993A: FBS Investment
Services, Inc. , Bid Price of $3,590,140, Total Interest Cost of
$917,792.50, for a Net Interest Rate of 4.5718%; Piper Jaffray, Inc. ,
Bid Price of $3,595,669.75, Total Interest Cost of $913,540.25, for a
Net Interest Rate of 4.5506%; and Cronin & Company, Bid Price of
$3,608,025, Total Interest Cost of $919,800, for a Net Interest Rate of
4.5819%. He recommended the low bidder of Piper Jaffray.
Regular Andover City Council Meeting
Minutes - July 20, 1993
page 5
(Award Bond Sales, Continued)
MOTION by Jacobson, Seconded by Perry, the Resolution awarding the sale
of $3,650,000 General Obligation Improvement Bonds, Series 1993A; fixing
their form and specifications; directing their execution and delivery;
and providing for their payment. City awards the bid to Piper Jaffray,
Inc. , at the Net Interest Rate of 4.5506%; serial bonds maturing
annually for a ten-year time period; the rest of the Resolution as
presented. (See Resolution R160-93) Motion carried unanimously.
Attorney Hawkins reviewed the following schedule of bids for $520,000
General Obligation Tax Increment Bonds, Series 1993B: FBS Investment
Services, Inc., Bid Price of $511,680, Total Interest Cost of $136,510,
for a Net Interest Rate of 4.6750%; Piper Jaffray, Inc. , Bid Price of
$512,720, Total Interest Cost of $135,720, for a Net Interest Rate of
4.6479%; and Cronin & Company, Bid Price of $512,460, Total Interest
Cost of $135,830, for a Net Interest Rate of 4.6517%. He recommended
the low bidder of piper Jaffray.
MOTION by Dalien, Seconded by Jacobson, the Resolution awarding the sale
of $520,000 General Obligation Tax Increment Bonds, Series 1993B; fixing
their form and specifications; directing their execution and delivery;
and providing for their payment. City awards the bid to Piper Jaffray,
Inc. , at the Net Interest Rate of 4.6479%; maturing at an equal amount
of $50,000 each year for six years and the next three years at $55,000.
(See Resolution R161-93) Motion carried unanimously.
TEMPORARY MOBILE HOME PERMIT/LOT 2, BLOCK 1, TIMER MEADOWS
MOTION by Jacobson, Seconded by Knight, approval of the Temporary Mobile
Home Permit for Lot 2, Block 1, Timber Meadows subject to the following:
said unit be installed on or about August 15 of this year and permit is
for a 90-day period only, and that the mobile home be connected to sewer
and water systems. DISCUSSION: The owners, Barbara and Clarence
Zuleger stated they have started building and hope to be finished by the
end of October. Council noted they can ask for an extension of the
permit if one is needed. Motion carried unanimously.
NON-DISCUSSION ITEMS
MOTION by Jacobson, Seconded by Dalien, in the affirmative on Items:
5. Approve Animal Control Contract, not to accept the contract
they have extended to the City but to extend the present
contract for an additional six months until July 31, 1994,
at the same rate because the City already has a contract
until December 31
6. Authorize Sale of Used Voting Equipment
8. Authorize Expenditure of CDBG Funds/Transportation Study
9. Award Bid/IP92-25/University Avenue subject to the approval
of the Plans by MnDot for the project and the concurrence of
the City of Ham Lake who is the partners in the project (See
Resolution R162-93)
.. --
Regular Andover City Council Meeting
Minutes - July 20, 1993
Page 6
(Non-Discussion Items, Continued)
10. Approve Plans and Specs/IP91-5/Njordmark Dale (See
Resolution R163-93)
ll. Approve Plans & Specs/IP9l-l6/l59th Ave (See Res. R164-93)
12. Approve Easements/Winslow Hills 3rd
13. Accept petition/Pine Hills/IP93-18 (See Resolution R165-93)
14. Accept Street/Andover Boulevard/IP92-24 (See Res. R166-93)
15. Declare Cost/Order Assessment Roll/Andover Boundary
Commission Plat #1 (See Resolution R167-93)
Motion carried unanimously.
APPROVE STREET SPEC CHANGE
Councilmember Jacobson recommended approving the new street
specifications to require 3 inches of bituminous to all new street
construction in both the urban and rural area, but to make the new
standard applicable to any new plats or sketches or preliminary plats
that come in after August 31, 1993, not to those already in process.
The intent would be to install the first two inches initially, and the
remaining one inch when the development is 90% complete.
Jerrv Windschitl. Ashford Development Corporation - stated this issue
has been studied at length by TKDA. The study done a number of years ago
resulted in the current standard and found that the thickness of the
bituminous does not necessary determine the quality of the road. The
base preparation and depth are the most important in the long term. He
thought it may be worth hiring a consultant to review the issue again
and make a decision based on a consulting engineer's recommendations. In
the rural areas, the additional bituminous would add $1,500 to $2,000
per lot to the cost, and the amount of traffic on a rural street may be
less than on the more urban ones. It will also add to the costs of
residential projects that are petitioned. Is the additional cost
warranted by the additional life of the road?
Mayor McKelvey stated Mr. Davidson was present when this was discussed,
and the intent is to cut costs of road repair in the future. Mr. Haas
stated in talking with Mr. Davidson, it was determined the new standard
would add about $500 per lot in the urban area. Staff was looking at
placing the remaining inch of bituminous after 80% of the development is
completed. But he was not sure of the additional cost for the rural
area. Mr. Haas stated he would like to review the new standard in its
application to the rural areas further.
Council preferred to know the additional costs to the rural area before
acting on the item and possibly look at a different thickness in those
areas where traffic is light. Mr. Haas stated he would also like to look
at the usage versus the thickness in the rural areas, but he agreed with
the three inches of bituminous in the urban area. It was agreed to table
the item to allow for further study on the standard in the rural areas.
MOTION by Knight, Seconded by Jacobson, to table the item until the
August 3 meeting. Motion carried unanimously.
. ----
Regular Andover City council Meeting
Minutes - July 20, 1993
Page 7
ACCEPT PETITION/WAIVE HEARING/ORDER IMPROVEMENT/WATERMAIN/137TH & QUINN
Councilmember Jacobson questioned whether a trunk line should be
installed at this time to eventually serve the Red Oaks Manor area, or
is the plan to act on a lot-by-lot basis. Mr. Haas stated it will be
more expensive in the future if the trunk is put in on a piecemeal
basis. That is why they have suggested trying to find some way to fund
these projects to put in the watermain so it is available for hook up.
If done as one project, everyone helps to pay for the side yards. In
this case, they are not paying that cost.
In further council discussion, it was noted the wells in the Red Oaks
Manor development average over 20 years old and may need to be replaced
shortly. It would be preferable to install water as one large project.
Mr. Sulander thought the Water Trunk Fund could temporarily finance the
project and could carry it for about four to five years. At this point
the Council preferred not to pursue the issue of municipal water for
that development further.
MOTION by Jacobson, Seconded by Dalien, approve both Resolutions on this
matter. (See Resolution R168-93 declaring adequacy of petition and
ordering preparation of a feasibility report for watermain, IP93-19,
Lots 8 and 9, Block 7, Red Oaks Manor 4th Addition; and Resolution R169-
93 accepting feasibility study, waiving public hearing, ordering
improvement and directing preparation of plans and specifications for
the same) Motion carried unanimously.
MAYOR/COUNCIL INPUT
Oak Wilt Control Consultant - Mr. Carlberg asked for Council approval to
go out with proposals for a consultant to do the oak wilt suppression
program if the City Attorney feels the proposals are required.
MOTION by Perry, Seconded by Knight, that the Council authorize Staff to
publicize requests for bids if necessary for firms to contract for
suppression of oak wilt in the City of Andover. Motion carried
unanimously.
APPROVAL OF CLAIMS
MOTION by Knight, Seconded by Perry, that we approve Claims in the
amount of $2,114,523.89 for the month of July. Motion carried
unanimously.
MOTION by Jacobson to adjourn. Motion carried unanimously. The meeting
was adjourned at 9:20 p.m.
\1~pectf1ft~Y su itte I
VJ'v....u¿):LI..- '< (Ä.,.(/ ~
' a ella A. P~, ecordlng Secretary