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HomeMy WebLinkAboutCC August 16, 1994 ~ CITY of ANDOVER Regular City Council Meeting - August 16, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items l. special Use permit/Repair Garage/13585 Thrush Street NW 2. Approve Preliminary Plat/Foxberry Farms 3. Set 1994 Improvement Bond Sale 4. Approve Removal of stop Sign/140th & Flora 5. Approve Resolution/Rum River Central Regional Park 6. school District Purchase of City Property 7. Water study Quotes 8. Boulevard Encroachment Ordinance Discussion, Cont. 9. Hire City Engineer 10. 1995 Budget Discussion 11. Approve Major Amendment to Comprehensive Plan/Sewer EDA Meeting 12. Approve plans & Specs/94-13/Andover Commercial Park 13. Approve plans & Specs/93-7/City Hall Park Complex #2 Reports of Staff, Committees, Commissions 14. Piper Fund Update 15. Approve Quotes/Septic Repair/539-155th Avenue 16. Approve Bids/Sale of Used City Equipment Non-Discussion/Consent Items 17. Approve 1994 Union Contract 18. Accept Petition/94-24/1800 Bunker Lake Boulevard 19. Approve plans & Specs/94-2/Woodland Pond 2nd Addn. 20. Declare Cost/94-4/14267 Round Lake Blvd. Watermain 2l. Declare Cost/93-28/13828 Round Lake Blvd. watermain 22. Declare Cost/93-29/13836 Round Lake Blvd. Watermain 23. Declare Cost/93-9/xeon Street Storm Sewer 24. Declare Cost/92-27/Commercial Boulevard 25. Declare Cost/92-25/university Avenue 26. Declare Cost/91-5/Njordmark-Dale, 178th Lane 27. Declare Cost/91-16/159th Avenue 28. Declare Cost/93-18/pine Hills 29. Approve Plans & Specs/94-8/Foxberry Farms 30. Approve Plans & Specs/94-10/Jonathan Woods 31. Approve plans & Specs/94-5/SA @ Hanson Blvd. 32. Approve plans & Specs/94-17/Quickstrom Addition Mayor-Council Input Approval of Claims Adjournment ,- - -- -. -- -_.~_.~--- -- -- -- . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 16, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · I Motion to thank contributors to Field of Dreams · · · · · · · · I AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Approve Major Amendment to Comprehensive Plan/Sewer · · · · · · 2 Approve 1994 Union Contract · · · · · · · · · · · · · · · · · · 2 Resolution R176-94 accepting petition/IP94-24/1800 Bunker Lake 3 Resolution R177-94 approving plans & Specs/94-2/Woodland Pond 2 3 Resolution R178-94 declaring cost/94-4/14267 Round Lake Blvd · 3 Resolution R179-94 declaring cost/93-28/13828 Round Lake Blvd · 3 Resolution R180-94 declaring cost/93-29/13836 Round Lake Blvd · 3 Resolution R181-94 declaring cost/93-9/Xeon Street storm sewer 3 Resolution R182-94 declaring cost/92-27/Commercial Boulevard · 3 Resolution R183-94 declaring cost/91-5/Njordmark-Dale/178th Ln 3 Resolution R184-94 declaring cost/91-16/159th Avenue · · · · · 3 Resolution R185-94 declaring cost/93-18/Pine Hills · · · · · · 3 Resolution R186-94 approving plans & specs/94-17/Quickstrom · · 3 Reduce cash escrow/IP87-2 and IP87-22 · · · · · · · · · · · · · 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 3 SPECIAL USE PERMIT/REPAIR GARAGE/13585 THRUSH STREET NW . · · · · · 3 Resolution R187-94 granting Permit · · · · · · · · · · · · · · 4 PRELIMINARY PLAT/FOXBERRY FARMS . . . . . . . . . · · · · · · · · · 4 Resolution R188-94 approving preliminary plat · · · · · · · · · 6 SET 1994 IMPROVEMENT BOND SALE · · · · · · · · · · · · · · · · · · 6 Resolution R189-94 for sale of $3,705,000 GO, Series 1994A · · 7 - Resolution R190-94 for sale of $1,140,000 GO, Series 1994B · · 7 REMOVAL OF STOP SIGN/141TH AND FLORA Motion directing Staff to research · · · · · · · · · · · · · · 7 RESOLUTION/RUM RIVER CENTRAL REGIONAL PARK Resolution R191-94 approving plan · · · · · · · · · · · · · · · 7 SCHOOL DISTRICT PURCHASE OF CITY PROPERTY Motion of intent to sell/order appraisal · · · · · · · · · · · 8 WATER STUDY QUOTES · · · · · · · · · · · · · · · · · · · · · · · · 8 Motion to table · · · · · · · · · · · · · · · · · · · · · · · · 9 BOULEVARD ENCROACHMENT ORDINANCE DISCUSSION . · · · · · · · · · · · 9 Motion to continue to next meeting · · · · · · · · · · · · · 12 HIRE CITY ENGINEER Motion to advertise · · · · · · · · · · · · · · · · · · · · · 13 1995 BUDGET DISCUSSION · · · · · · · · · · · · · · · · · · · · · 13 TRANSPORTATION STUDY RESULTS · · · · · · · · · · · · · · · · · · 14 REQUISITION OF COMPUTER . · · · · · · · · · · · · · · · · · · · · 14 PIPER FUND UPDATE · · · · · · · · · · · · · · · · · · · · · · · · 14 QUOTES/SEPTIC REPAIR/539 155TH AVENUE · · · · · · · · · · · · · · 15 Motion to approve · · · · · · · · · · · · · · · · · · · · · · 15 SALE OF USED CITY EQUIPMENT Motion to approve bids · · · · · · · · · · · · · · · · · · 15 MAYOR/COUNCIL INPUT Removal of trees in developments · · · · · · · · · · · · · · 16 Police protection · · · · · · · · · · · · · · · · · · · · · · 16 Parking violations · · · · · · · · · · · · · · · · · · · · · 16 School district building project update · · · · · · · · · · · 16 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · 16 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 16 - n_ .,_ _~ _ ____ _________"__ -- ...~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 16, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 16, 1994, 7:00 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 Assistant City Engineer, Todd Haas City Planning Director, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Garv Shav, Vice President of the Andover Recreational Development Association - also introduced Dave O'Toole, President, and Al Grabowski. He presented to the Council a scaled model of the Field of Dreams project. The model was prepared by Tom Delwich of Model Horizons, Inc. , of Spring Lake Park and an Andover resident who donated his time and materials to produce the model. The concession and service building was designed by Laura and Brian HouWffian of HouWffian Design and Development of St. Paul, who also donated their time and efforts. They intend to use the model for promotions at fundraising events and to obtain community involvement. He thanked the Council and Staff for their cooperation, hoping the project will proceed quickly so they can get the external part of the structure done yet this fall. Also, there will be a permanent record on the Wall of Fame of the concession stand of those who donate toward this project. Mayor McKelvey expressed the City's appreciation for all of the efforts on the project. MOTION by Knight, Seconded by Perry, to officially thank the three people that contributed time and effort, as well as write a letter to the three of them expressing gratitude on behalf of the City. Motion carried unanimously. Llovd Wittiker, 2927 142nd Avenue - lived in Andover for 22 years and expressed frustration and anger over the stop signs on 141st and at Crocus and 139th. He noted the number of times he must stop on the way home from work, pointing out the speed limit is 30 mph in a residential district. He didn't think it makes sense and that the stop signs should be removed. The stop sign at 141st and Flora serves only four houses on the cul-de-sac. Mayor McKelvey explained the City is doing a study on all stop signs to be sure they meet code. Those that do not will be removed. The item is also being discussed as an agenda item later this evening. ~~0- 'l / ¡,f¡ 'f .. - -- -.- .. - - - --- ~_. - Regular Andover City Council Meeting Minutes - August 16, 1994 Page 2 (Resident Forum, Continued) Mr. Wittiker - stated the roads were built in 1978 with a 20-year guarantee. He complained that the road from 141st to 142nd Lane has not been taken care of and is falling apart. He called four times about the hole by the culvert on 142nd and Heather. It is frustrating, like no one is listening to him. He also called about the stop sign that disappeared on 142nd Avenue, and nothing was done about it. Yet No Parking signs were put up and removed wi thin three days because one gentleman complained. Mr. Haas explained the procedure of forwarding the complaint to the Public Works Department. Councilmember Knight recalled the discussion about the stop sign on Crocus about eight years ago because of the speeding problem and the problem the Deputies had with sitting there with radar without being seen. Mr. Wittiker - reviewed his recollection of what took place there. He thought that took place 15 years ago. This as discussed again later in the meeting Winslow Holasek, 1159 Andover Boulevard NW - asked about the Tree Preservation Policy. He was required to take down a large oak tree in the Third Addition at 151st and Yellowpine because it was in the boulevard. Is that the City policy? He understood the need to remove trees for utilities, streets and houses, but they were trying to preserve this beautiful tree which was ten feet from the street. Mr. Haas stated in new developments, all trees within the boulevard areas are required to be removed. Mr. Holasek - felt something is wrong with the policy when the large trees cannot be preserved. He also noted most of the trees in the Fox Woods plat are being removed. Huge drainage basins are being constructed around the perimeter of the plat. He talked to the developer who tried to save them but was unable to in order to comply with the City's Water Resource Management plan. It's a shame that the City's policy requires all of these trees to be destroyed. Is it now the City's policy to have to destroy all the trees when developing? There was no Council comment. AGENDA APPROVAL Add Item 11a, Transportation study Results; Item 11b, Requisition of Computer; and Item 33, Reduce Cash Escrow/IP87-2 and 87-22. Delete Items 25, 29, 30 and 31- Move Item 11, Approve Major Amendment to Comprehensive Plan/Sewer, to Consent Agenda. MOTION by Knight, Seconded by Dalien, to approve the Agenda as changed. Motion carried unanimously. CONSENT AGENDA Item 11 Approve Major Amendment to Comprehensive PIan/Sewer Item 17 Approve 1994 Union Contract - ~..- _._~------ Regular Andover City Council Meeting Minutes - August 16, 1994 Page 3 (Consent Agenda, Continued) Item 18 Accept Petition/IP94-24/1800 Bunker Lake Boulevard (Delete "street and storm sewer" from Resolution) (See Resolution R176-94) Item 19 Approve Plans and Specs/IP94-2/Woodland Pond 2nd Addition (See Resolution R177-94) Item 20 Declare Cost/IP94-4/14267 Round Lake Boulevard watermain (See Resolution R178-94) Item 21 Declare Cost/IP93-28/13828 Round Lake Boulevard Watermain (See Resolution R179-94) Item 22 Declare Cost/IP93-29/13836 Round Lake Boulevard Watermain (See Resolution R180-94) Item 23 Declare Cost/IP93-9/Xeon Street Storm Sewer ( dollar figures to be provided by Engineer) (See Resolution RI81-94) Item 24 Declare Cost/IP92-27/Commercial Boulevard (dollar figures to be provided by Engineer) (See Resolution RI82-94) Item 26 Declare Cost/IP91-5/Njordmark-Dale, 178th Lane (dollar figures to be provided by Engineer) (See Resolution R183-94) Item 27 Declare Cost/IP91-16/159th Avenue (dollar figures to be provided by Engineer) (See Resolution RI84-94) Item 28 Declare Cost/IP93-18/Pine Hills (dollar figures to be provided by Engineer) (See Resolution R185-94) Item 32 Approve Plans and Specs/IP94-17/Quickstrom Addition (See Resolution R186-94) Item 33 Reduce Cash Escrow/IP87-2 and IP87-22 MOTION by Jacobson, Seconded by Dalien, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES August 2, 1994, Regular Meeting: Correct as written. August 3, 1994, Special Meeting: Correct as written. MOTION by Jacobson, Seconded by Perry, the Meeting Minutes for August 2 and August 3 as presented. Motion carried on a 4-Yes, I-Present (Dalien) vote. SPECIAL USE PERMIT/REPAIR GARAGE/13585 THRUSH STREET NW Rav Beck. Northtown Automotive - was located in Northtown for 10 1/2 years, but he lost his lease when Woolworths went out of business. Andover is growing, and he would like to move his business to this community. He runs a clean operation, with no dismantling outside of the building. He complies with all EPA regulations. Councilrnember Jacobson recommended adding a fifth condition to the Resolution, which was added to the previous repair garage permit: "No outside storage of parts or vehicles after the close of business each day." Mr. Beck did not have a problem with that except if someone would drop a car off for repair during the night or before business hours. - ---,. .- Regular Andover City Council Meeting Minutes - August 16, 1994 Page 4 (Special Use Permit/Repair Garage/13585 Thrush, Continued) MOTION by Knight, Seconded by Perry, the Resolution granting the Special Use Permit to Mr. Beck as detailed with the addition of Item No.5. (See Resolution R187-94) Motion carried unanimously. APPROVE PRELIMINARY PLAT/FOXBERRY FARMS Mr. Haas reviewed the proposed preliminary plat of Foxberry Farms which is zoned R-4, located in the MUSA and consists of 82 single family residential lots. Variances are being requested on Lots 14, 15, 18 and 19, Block 4 because they do not meet the 130-foot minimum. There is a controversy on whether or not 141st Lane should exit onto Hanson Boulevard. The Andover Review Committee, along with the Fire Department and Sheriff Department, are recommending 141st Lane intersect with Hanson Boulevard. The Planning Commission recommended it be constructed as a permanent cul-de-sac. The Park Commission will be recommending land for park dedication per the Comprehensive Plan as a part of the over-all trail system along Coon Creek. Councilmember Knight shared the concern raised at the Planning Commission meeting about all back yards backing up to Hanson Boulevard. He did not think it is sightly. He wondered if a service road was considered. Mr. Haas stated there will be restrictive covenants on this development. Also, the City requires those lots to have an additional 10 feet for that reason. Homer Tomkins, General Manaqer, Contractor Propertv Developers Companv - stated they did not approach a service road. It is generally cost inefficient not to have houses on both sides of the street. They are in the process of closing on the purchase of the adjacent parcel. While Foxberry Farms and Jonathan Woods will continue to be done as separate plats, they will form a partnership and have managerial control over both developments. There is no market for developed lots adjacent to a major arterial without having substantial landscaping. They plan to have a meandering buffer berm with plantings on the sides. They have a tree spade and will be removing the pine trees from the street areas and relocate them along the berm and the balance of the property. This will impact the noise and visibility. Another concept is to build a Kentucky horse fence along the berm to create some individualism. He didn't know if they would use all the trees, but they would be willing to work with the City to provide additional trees in the City parks. Mayor McKelvey noted the Parks Department has asked for 75 to 80 trees to be relocated in various parks. Mr. Tomkins - stated they would be glad to do that after they have transplanted them along Hanson and Andover Boulevards. The trees will be planted on the sides of the berms, not on top. They will start moving as many trees as possible to the perimeters before the grading begins. The balance will be moved while the grading is being done. - - - Regular Andover City Council Meeting Minutes - August 16, 1994 Page 5 (Approve Preliminary Plat/Foxberry Farms, Continued) Councilmember Jacobson noted a portion of the plat is not in the MUSA area, so building permits cannot be pulled at this time. The developer should be aware that that portion is being developed at his own risk. He also questioned the eight-foot deep retention pond in the southwest corner of the plat on park property. He didn't think the City allowed private developers to use parks for their water retention. Is this something the City wants to allow? He was also concerned with the depth of the pond. Mr. Haas stated the ponding is a watershed district requirement. Both he and other Councilmember noted this has been done in several other developments. Councilmember Jacobson suggested if that is going to be allowed, that the pond itself not be counted in the 10 percent park dedication calculations. Attorney Hawkins advised the City can extract the storm water drainage area out of the 10 percent park land dedication calculations. Mr. Haas stated with the pond as located, there is enough room to construct the trail system. He also noted an advantage of the pond is to provide a habitat for wildlife since this is planned as a passive park. This is a large park area, so the park dedication may already be 10 percent excluding the ponding area. The other Councilmembers agreed that the ponding is preferable in the park area rather than in the back yards of lots, as long as the City is compensated for that land. In this case, the land given is appropriate. If it comes to less than 10 percent land dedication once the ponding area calculation is removed, the suggestion was to accept cash in lieu of land for the difference. There was considerable debate over the 141st Lane issue. Mayor McKelvey felt that with the number of lots in this plat and the proposed Jonathan Woods to the west, it is a lot of traffic for only one exit onto Andover Boulevard at Drake Street. But he also felt it would be dangerous to cross two lanes of traffic to take a left turn onto Hanson when it is upgraded. Also, he didn't think the response time for the Fire Department would be that much different without the intersection. He'd rather see a slower response time than see an accident on that corner. Mr. Haas explained that with 141st Lane as a cul-de-sac, there would be an even distribution of traffic to Andover Boulevard from all the plats between Hanson Boulevard and the railroad tracks with the four exits onto Andover -- Drake, Bluebird, Xeon and Vale. If 141st Lane intersects with Hanson Boulevard, he predicted it would become a collector street with more than 1,000 cars per day using that road because it would be the quickest route to go south. Discussion continued on speculation of traffic patterns after the county widens Hanson Boulevard. Some felt 141st Lane would then have to be right-in, right-out only at that point. Councilmember Jacobson preferred to bring 141st Lane to Hanson to allow another exist for the over 100 homes in the two plats. There is a similar situation in the Hills of Bunker Lake, and it has not been a problem. He didn't have a problem with a right-in, right-out there when Hanson is upgraded. - ----. - Regular Andover City Council Meeting Minutes - August 16, 1994 Page 6 (Approve Preliminary Plat/Foxberry Farms, Continued) A resident argued against 141st Lane intersecting with Hanson because of the traffic and safety problems it would create with so many cars going past his area every day. For him, it is not worth it because of the inconveniences that will be caused with traffic using that street as a short cut to Hanson. He agreed that would be a dangerous intersection at Hanson. He'd prefer his area remain private and secluded. Plus it is a public safety issue with so many cars going through their area every day and the number of children in that vicinity. without that intersection, there are two entrances out of the developments to the east. He moved from an area that had 4,000 cars per day on the street to this area to get away from that traffic. Plus, if stop lights are put at Andover and Hanson Boulevards, people will go down 141st Lane to avoid the lights. Mayor McKelvey thought the intent of the county was to have a concrete median along most of Hanson when it is upgraded. Mr. Haas couldn't recall if the median was going to go as far as 141st. He felt right-in, right-out intersections do not work. Having 141st intersect with Hanson will cause problems in the evenings when people come home from work at the same time the children are playing in the yards. With that many cars speeding through, he envisioned the residents then demanding stop signs, which cannot be installed if warrants are not met. The Comprehensive Plan does not call for a collector street at this location; and he felt it would become one if the two streets connected. Without that intersection, the traffic will be dispersed north through the various subdivisions to Andover Boulevard. At this point there was a majority of the Council in favor of a cul-de- sac at 141st Lane. MOTION by Perry, Seconded by Knight, the Resolution approving the preliminary plat of Foxberry Farms as presented, adding Item 7, that the area be computed for the drainage or sediment ponds which are in the park land area, and that the City be compensated with cash for the reduction below the 10 percent; and add Item 8, contingent upon approval of the grading, drainage and erosion control plan. (See Resolution R188- 94) DISCUSSION: Mr. Haas stated for the park dedication issue, he will calculate storm drainage as anything below the 100-year flood elevation. Mr. Tomkins - stated in other cities they typically develop the parks at their expense. If there is to be some cash contribution, would the City accept park improvements in lieu of the cash dedication? Mr. Haas stated the City stopped accepting improvements six or seven years ago, preferring instead to collect the cash and develop the parks itself . The Council agreed to continue that policy. Motion carried unanimously. SET 1994 IMPROVEMENT BOND SALE Bob Thistle, Sprinqsted - reviewed two proposed bond sales. The first is a three-year temporary general obligation special assessment bond for $3,705,000 for new developments. Staff has determined that most of those projects will be paid off by the end of the three years. The second is a ten-year general obligation special assessment bond for $1,140,000 for projects constructed in existing neighborhoods. - ---~~ ------ Regular Andover City Council Meeting Minutes - August 16, 1994 Page 7 (Set 1994 Improvement Bond Sale, Continued) MOTION by Jacobson, Seconded by Perry, the first document, the Resolution providing for the issuance and sale of $3,705,000 general obligation temporary improvement bonds, Series 1994A. (See Resolution R189-94) Motion carried unanimously. MOTION by Dalien, Seconded by Knight, the Resolution providing for the issuance and sale of $1,140,000 general obligation improvement bonds, Series 1994B. (See Resolution RI90-94) Motion carried unanimously. APPROVE REMOVAL OF STOP SIGN/141TH AND FLORA Llovd Wittiker - disagreed with councilmember Knight's recollection of time when the stop signs in Northwoods were an issue, as he still felt it was about 15 years ago. He again stated there is no reason for the stop sign at 141th and Flora because there are only four houses in that cul-de-sac. There used to be parties all the time at the one place, and cars stopping at that stop sign would be smashed with tomatoes or apples, or kids would jump in front. The stop sign should not be there, and he felt the City could be sued if something happened there. Mr. Haas felt some documentation is needed before removing any stop sign. Hopefully they will be getting another Staff person in Engineering, so a study can begin on the stop signs in the community to be brought to the Road Committee, which in turn can make a recommendation to the Council. A study needs to be done first, and it could start with this sign. Mr. Davidson suggested a reverse warrant be done to prove it does not meet warrants so the City is protected by data rather than just removing the stop sign. Mayor McKelvey recalled there was a handicapped child living in the house by the stop sign, though he did not think that family lived there any more. MOTION by Perry, Seconded by Knight, that Staff be directed to research the stop signs at the intersections of Flora NW and 141st Avenue NW and at Crocus and 139th to determine whether or not they meet warrants, and additionally that we concur with Staff's recommendation that as the Engineering Department adds additional Staffing that all of the stop signs will be evaluated. DISCUSSION: Attorney Hawkins advised if stop signs are taken out, there is no concern about future criminal prosecutions. From that standpoint, he had no problem with Staff removing unwarranted stop signs without specific Council action. Council agreed if a sign does not meet warrants, Staff is to remove it. Motion carried unanimously. APPROVE RESOLUTION/RUM RIVER CENTRAL REGIONAL PARK MOTION by Jacobson, Seconded by Knight, the Resolution regarding the Rum River Central Regional park as presented. (See Resolution RI91-94) Motion carried unanimously. - ~- - ._----- -- ~ Regular Andover City Council Meeting Minutes - August 16, 1994 Page 8 SCHOOL DISTRICT PURCHASE OF CITY PROPERTY Mr. Fursman reported the school district has offered to purchase the property across from the City Hall for $10,000 per acre contingent upon School Board approval. He requested direction from the Council. Mayor McKelvey stated most of the property around the City Hall has been selling for $10,000 an acre -- some more; some less. He asked if the calculations for the right of way for Crosstown Boulevard must be done before it is sold. Mr. Fursman stated the City would have to dedicate the land for the right of way; the school district would not pay for future right of way. He didn't know if the county knew the exact future right of way through there. Mayor McKelvey thought they had the plans, as the understanding was the City would trade the right of way along Crosstown for the three lots to the west to be included in the park land. Discussion was on whether or not a new appraisal is needed on the property. Mr. Haas stated an appraisal is being done for Fox Woods for park dedication. After a brief discussion, the Council preferred to have a new appraisal done specifically on the parcel in question. Discussion was on the issue of a location for a new City Hall. Mayor MCKelvey preferred it remain on the existing site. Mr. Fursman stated the Committee has not met about this issue yet. Until an evaluation of needs is done, the square footage of a new building cannot be determined. Staff is assuming that the building site will be on the present grounds and that there will be enough room for it. Councilmember Jacobson noted when the Comp Plan was done, various public uses were considered for the property in question, but a school was not discussed. Mayor McKelvey reviewed the district's proposal to build 24 additional classrooms that will share the existing heating and cooling facility and share a lunchroom. The two buildings will be connected, with K- grade 2 in the new building and grades 3-5 in the existing building. MOTION by Jacobson, Seconded by Dalien, that we authorize both the Mayor and City Administrator to respond to the school district the City's intent to proceed with the sale of approximately 17 to 18 acres of property, but that the City would require that a valuation be done by a land appraiser; that the City would proceed to do this, and when the results of that appraisal come back, we would discuss the sale price with the School Board. Motion carried unanimously. WATER STUDY QUOTES Mr. Fursman noted the Staff was asked to see if anything could be done about the costs of the water study. Progressive Consulting Engineers, Inc., presented a quote to City Hall which was considerably less than the TKDA proposal, though it did not include the well head protection program. Even with the cost of that program added, Progressive Consulting Engineers has the lowest bid. He felt the study should go ahead since it is required and the CDBG funds are available. -----.~- Regular Andover City Council Meeting Minutes - August 16, 1994 Page 9 (Water Study Quotes, Continued) Mr. Davidson explained their bid took into consideration their looking at the complete plan to bring the new well on line and meet the requirements of the DNR, the Metropolitan Council and the Health Department, including a head protection plan, an emergency preparedness plan, and a well siting. They took into consideration preparing a plan to take through all three agencies involved and for additional well supply to the City's system. These are new regulations, so they can't estimate exactly what it will cost. He felt their bid is fairly conservative, but that it is important that the well head protection plan be included. He did not understand how Progressive Consulting Engineers could complete the work for the amount bid, especially since they are not familiar with the City's water system like he is. It is easier for him to do a total systems analysis than it is for the other company to have to start from scratch. Vern Johnson. TKDA - explained their cost will be reduced by the amount of participation by the City, and he has met with City Staff already. Their quote is for the maximum number of hours, but they will only charge for actual hours worked. Upon further questions of the Council on the Progressive Consulting Engineers' bid, Mr. Fursman stated it appears the two proposals are to provide the same thing; but there are - some things that only Frank Stone, Public Works Superintendent, can verify. Mr. Stone was unable to attend this meeting because of a medical emergency. There were concerns about the vast difference in the two bids and questions about just what the Progressive Consulting Engineers' bid would provide. Because neither the Council nor the Staff were comfortable with awarding a bid this evening, it was agreed to table the item to obtain further clarification of the one bid. Staff was asked to research just what is required of the water plan and whether the Progressive Consulting Engineers' bid would meet those requirements. Also find out if they would present the study to the Council and the other agencies, and if other items would be billed and at what hourly rate. MOTION by Jacobson, Seconded by Knight, that we lay Item No. 7 to the next regular Council meeting in order for Staff to obtain information for us. Motion carried unanimously. Council recessed at 9:15; reconvened at 9:22 p.m. BOULEVARD ENCROACHMENT ORDINANCE DISCUSSION, CONTINUED Mayor McKelvey didn't feel the changes proposed in the ordinance would resolve the situation, as it is still a matter of interpretation. The ordinance allows items in the boulevard in Section 7 when it refers to the maintenance of those items, implying trees and other items are allowed there. Councilmember Jacobson thought the problem is the Code Regular Andover City Council Meeting Minutes - August 16, 1994 Page 10 (Boulevard Encroachment Ordinance Discussion, Continued) Enforcement Officer interpreted the ordinance that nothing is allowed in the boulevard except those specifically stated items. But that is not true. All a resident has to do is get a permit from the City to have something in the right of way. However, if the resident puts it there and the City needs to come through for utilities and destroy it, the City will not replace it. There was some discussion about mailboxes in the boulevard, noting the ordinance was changed recently not to regulate mailboxes but to allow them to be regulated by the Federal government. Councilmember Knight did not feel trees in the boulevard are a liability as long as they do not create a site problem; in fact, many of the cities promote boulevard beauty in terms of trees. Attorney Hawkins stated as long as the trees are set back a reasonable distance so the branches don't hang over and create a site line problem, there is no liability to the City. He understood the concern with the trees not being so close to the road that the snow plowing would be affected. Mayor McKelvey disagreed with some of the issues raised in the memo by Frank Stone, Public Works Superintendent, opposing trees in the boulevards. In talking with public works employees of several other cities, he was told only eight feet back from the curb is necessary for snow plowing even in the biggest snowfall. Anything that is at least seven feet back would never touch the plow. Other cities have ordinances requiring trees in the boulevards with provisions for maintaining them. Todd Aman, 1469 140th Lane - stated this is the seventh time this issue is being discussed in the last 1 1/2 years, and the position of the Council seems to vacillate. He had a packet of information for the Council. It appears the original intent of the ordinance was for safety for the pedestrian traffic, liability, and ease of public works maintenance. He didn't think the Federal government had any regulations on the mailbox posts; the regulations are for height and setback. He reviewed how this item was brought to the Council last fall and the change made for mailboxes while talking about safety of the snow plowing trucks. At the same time, he had a light structure set back ten feet from the street. The ordinance was amended for mailboxes only, but isn't a brick structure located directly on the curb more precarious than some structures that are 8 to 10 feet back? Now the issue is trees. He understood the concern with the roots affecting underground utilities; but at the same time it is a shame to see the beautiful 50- to 60-year old trees destroyed. But the way the ordinance reads now, the City would be discriminating if all trees are not treated the same. He pointed that out to Mr. Hawkins in several letters, and Mr. Hawkins responded that allowing mailboxes while prohibiting purely aesthetical type structures is not arbitrary and unreasonable. Mr. Aman disagreed. He didn't think it was a necessity to have a concrete mailbox when a 4x4" post will do. Now the issue is aesthetic enhancement to everyone's property. In a random drive through the City, there are dozens of violations to this code as written. He challenged the Council to decide; that it cannot be selectively discriminatory. He also pointed _0-- "_ _ Regular Andover City Council Meeting Minutes - August 16, 1994 Page 11 (Boulevard Encroachment Ordinance Discussion, Continued) out that if a snowplow driver can drive in the City of Minneapolis which encourages boulevard trees, it should be able to be done in Andover as well. He didn't think the pillars or trees are as precarious as some of the other things located in the boulevard. Councilmember Knight felt part of the problem is the liability factor was overestimated. He didn't think it exists to the degree they had thought. Mr. Aman agreed with Mr. Hawkins that there is no liability to the City, referring to Section 7 of Ordinance 95. Councilmember Knight also questioned the paragraph on eminent danger. He felt it is defined, then the City is liable. Councilmember Perry felt that ultimately the City is responsible for anything and everything that happens on the City streets, parks, etc. She didn't see this as a question of liability. She felt the Council has to determine whether or not that boulevard is an area necessary for public utilities, and they are told that it is, and whether the encroachments in the boulevard are a problem for the Public Works Department. Public Works has said that they are. She didn't know about Public Works Departments in other cities; but she has driven the streets of Minneapolis and st. Paul and is glad their Public Works is not in Andover. Andover's street maintenance is far superior. The decision has to be either to allow - encroachments in the boulevard or not. Making distinctions between size and distance from the street will simply continue the discussions for months and years. Attorney Hawkins could not think of a specific case where the City was liable for something in the boulevard. It is possible someone could sue the City, but then it becomes a question of what is reasonable within right of ways and what isn't, which becomes an engineering design question. He didn't think right of way encroachments per se are going to automatically make the City liable. Most communities allow trees that are set back; he didn't think there is a danger as it is a standard of most communities to allow boulevard trees. From the discussion, Councilmember Jacobson understood the suggestion was to void the ordinance and allow anything within the boulevard right of way except to allow a space for plowed snow. Mayor McKelvey agreed, as he found that only 8 feet for winging back the snow is necessary. Bill Hupp, Postmaster - stated there is a new Minnesota law regulating the size base of mailboxes. It cannot be over 16 square inches. If putting up a 6x6" , it must be cut down to 4x4" at the base. They are looking for a break away of the posts. Steel pipe can be used, but it has to bend. The mailbox itself has to be approved by the Postmaster and it must be a minimum of 42 inches from the surface of the road. They do not regulate the bases; however, they do have drawings of recommended bases. The brick bases, etc., are to be regulated by the local government. Their concern is having access for the mail carriers. They have been working with different counties regarding the new law, which applies to all streets that are 40 mph or more. The new law also requires a maximum of two boxes per support and a 30-inch separation between boxes. Councilmember Perry felt that the Council must decide that either there will be continued enforcement of the ordinance and ._-~-~.- Regular Andover City Council Meeting Minutes - August 16, 1994 Page 12 (Boulevard Encroachment Ordinance Discussion, Continued) allow the Code Enforcement Officer to do so and explain to the residents the need for the ordinance, or decide not to continue with the Code Enforcement Officer. Other Councilmembers noted the contradictions in the ordinance itself. Councilmember Jacobson volunteered to rewrite the ordinance, to condense it with the intent to allow just about any use in the boulevard with the caveat that the boulevard is for public use. If residents decide to put things in the boulevard, when that service comes through and it has to be torn up, the City will not replace it. Also, if it is expensive, the resident would be required to move it at his own expense when the boulevard is needed for public utilities. His concern would be that there be enough space for the wing and snow plow to plow without hitting something. Councilmember Perry agreed that it is not a liability issue, but she disagreed with the majority of the Council in allowing items in the boulevard because of the concerns raised by the Public works Department. Councilmember Knight understood the Public Works concerns; however, other cities manage it because of the aesthetic enhancements. The inconvenience of the Public Works Department may be a part of the price to pay for the aesthetics. Mr. Aman stated there is a lot of information in the packet of information he just gave the Council, as well as pictures. His concern is to promote the betterment of the aesthetics of the neighborhood and the community. That is something that got completely overlooked in this whole issue. He had written to the Council but never received a personal response from anyone. It even got to the point that his attorney wrote a letter that an ordinance should be reasonable and enforced. He has been trying to point out facts that this is something that needs further discussion, and he is glad to see that the Council is looking to change the ordinance at this point. The fact of the matter is he did comply and moved his pillars exactly three feet at great expense because it got down to threats to him personally. They were 9 1/2 feet from the road and in no way presented a danger to the plows or vehicular traffic on his 35-mph straightaway street. He agreed there has to be some regulation, but boulevard enhancement has to be considered as well as public safety. Winslow Holasek - asked if the ordinance can require a contractor to take down an existing tree. The plat was approved and the City came back and told him to remove the tree. Mayor McKelvey felt that is covered by the development contract. Councilmember Jacobson stated they must be taken out if they are impeding the triangular site line. Mr. Holasek - felt a big bush on the corner can be far more dangerous than a mature tree with no limbs within 10 feet sitting back 8 feet from the curb. At this point the Council agreed to have councilmember Jacobson draft an ordinance revision for Council consideration. MOTION by McKelvey, Seconded by Dalien, to continue this discussion to the next meeting with councilmember Jacobson to do a preparation of a condensed ordinance. Motion carried unanimously. - -- Regular Andover City Council Meeting Minutes - August 16, 1994 Page 13 HIRE CITY ENGINEER Mr. Fursman reviewed his memo to the Council requesting the Council to move the hiring date of a City Engineer from January to some time in October. This would allow that individual to be involved in the layout work on projects to be implemented in the spring. The 1994 funding would come from excess building fees, though a portion of the salary is anticipated to be paid for by projects. MOTION by Jacobson, Seconded by McKelvey, that we authorize Staff to prepare an advertisement for the position of City Engineer for the City of Andover, and that the Staff provide to the Council the top three candidates for the Council to select personally, as recommended by Staff. Motion carried unanimously. 1995 BUDGET DISCUSSION Mr. Sulander reviewed the proposals before the Council -- Option 1 assuming a nine percent net tax increase, removing the reductions made to personal services by reducing various memberships, training, supplies, contractual services and the contingency accounts. Option 2 assumes a ten percent net tax increase, removing the same reductions - made to personal services but does not cut any of the other expenditure accounts. Both options bring the personal services back to the original four percent baseline increase. He also noted the exhibit of the affect the options would have on taxes on a $100,000, $150,000 and $200,000 homestead residence. He provided an article published in the August 10, 1994, St. Paul Pioneer Press indicating Andover's level of taxation as 91st of the 95 largest communities in the seven-county Twin Cities area. Councilmember Jacobson noted the difference in tax for a $100,000 home between a nine percent versus a ten percent increase is $2.50 per year, $4.30 per year on a $150,000 home and $6 per year on a $200,000 home. He did not feel this is a huge spread in terms of the lower to higher priced homes. Mayor McKelvey and Councilmember Knight felt anything higher than a nine percent increase would be difficult for many people to accept. The Mayor stated he would reluctantly go along with a nine percent increase, but no more. Councilmember Dalien also preferred to keep the increase to the single digits. There was continued discussion on the two options presented plus various other suggestions. There was some concern that the amount for contingencies may not be sufficient in Option 1. It was also noted that previously the Council had agreed that any excess funds from building construction would be dedicated to park and street improvements. With the majority of the Council in favor of Option 1 of a net tax increase of nine percent and the personal services returned to a four percent increase, Staff was directed to prepare the budget and resolution using that option. - --------- Regular Andover City Council Meeting Minutes - August 16, 1994 Page 14 TRANSPORTATION STUDY RESULTS Mr. Carlberg noted the report from BRW, Inc., on the Anoka County Transportation Plan Update Traffic Forecasts. The conclusion of the study is that the level of service that existed in 1990 and that will exist in the years 2005 and 2015 will exist regardless of the MUSA expanding in Andover and Ramsey. He has not heard a response from the Metropolitan Council Staff. Mayor McKelvey thought that with this report, the City should now be able to request the additional MUSA expansion that would bring the acreage up to 600 as agreed to previously by the Met Council. Mr. Carlberg agreed to provide the Council with an updated report on the amount of MUSA expansion needed over the next four or five years in order to pay for the City's investment of the improvements. Councilmember Perry also suggested that along with development, consideration be given to the Staffing needs to meet the increased demand. Councilmember Knight was concerned with taking development as it comes rather than planning and controlling development in the City. Others noted the Comprehensive Plan indicates the phasing and direction of development. No action was needed by the Council. - REQUISITION OF COMPUTER Mr. Fursman explained the existing computer cannot handle the newsletter process without crashing. This is causing a significant loss of productivity for both the newsletter and the GIS system activities. He felt it is imperative to get a PC that would be compatible with the Public Works system in the event another system is installed with the new City Hall. Public Works has requested another computer, which has been denied until the new building is constructed. Councilmember Jacobson questioned if it would be less expensive to install additional memory rather than purchase a new machine. Mr. Fursman stated he had not looked into that option, and agreed to do so before the next meeting. The meeting was adjourned to hold an EDA meeting, 10:48 p.m.; reconvened at 10:55 p.m. PIPER FUND UPDATE Mr. Fursman gave a presentation to the Council on the City's investment in the Piper Jaffray Institutional Government Income Mutual Fund. Piper Jaffray is moving to have more government securities and less derivatives in the fund, which will make it more stable. They are expecting the original value of the fund to return in time. As of July 26, the City has a value of $1.6 million in the fund. By reinvesting the dividends, 7.5 cents per dividend per month, the fund is generating a 11 1/2 percent rate of return. Based on that, the City would be Regular Andover City Council Meeting Minutes - August 16, 1994 Page 15 (Boulevard Encroachment Ordinance Discussion, Continued) better off leaving the money in the fund. The original investment was $1.8 million about two years ago. At this point the fund has lost about $200,000. He showed graphically how the end value will be the same, only it will now take longer. Based on the numbers, he is recommending that the City stay with the fund, as the recovery looks good. Mr. Sulander stated the majority of the fund invests in seven- to ten- year securities with some 30-year securities. That is why the fund has taken such a beating. Based on the City's investment strategy, he did not feel these funds would be needed to meet debt obligations. The fund is closed to new investors, though existing investors can add or subtract from their accounts as long as they maintain the minimum $25,000 balance. The Council generally agreed with the Staff's recommendation to stay with the fund. APPROVE QUOTES/SEPTIC REPAIR/539 155TH AVENUE Dave Almgren, Building Official, reviewed the quotes to install a septic system and drainfield at 439 155th Avenue NW at the request of the homeowner, who is unable to finance the new system at this time. The City will contract the project, with the cost to be assessed to the property owner's taxes for 1995. The low bid is from Grants Excavating for $2,650 plus $250 for perc tests, soil borings and design. He also noted he has been working with the owner since February to find other methods of financing. At this point, it is a health issue; and as the Health Inspector, he is obligated to see that the nuisance is abated with the cost placed on the taxes. The Council raised some concern about this entire process, as it has never been done before in the rural area. It would be less expensive for the homeowner to have it done and obtain a home improvement loan or second mortgage to do so. Mr. Almgren stated that is not possible in this case. He has directed the owner to several agencies, but none were able to help her. Attorney Hawkins agreed the City has to abate the nuisance because it is a public health hazard. MOTION by Perry, Seconded by Jacobson, that we accept the bids of Grants Excavating for the septic system replacement per the memo of August 16, 1994, from Dave Almgren, and authorize the $250 for the perc test, soil borings and design. Motion carried unanimously. APPROVE BIDS/SALE OF USED CITY EQUIPMENT MOTION by Knight, Seconded by Dalien, that we approve those bids, certifying the top bidder on each item, and allow the Public Works Superintendent to recycle, repair, or dispose of the remaining items that were not bid on. Motion carried unanimously. ____._0_ _ _ __ ___W. ___ Regular Andover City Council Meeting Minutes - August 16, 1994 Page 16 MAYOR/COUNCIL INPUT Removal of Trees in Developments - Councilmember Jacobson expressed concern that so many trees are being removed in the new developments such as Fox Woods and Hills of Bunker Lake 5th. He thought there was a Tree Preservation Policy to save the trees. Councilmember Perry also thought the ordinance requires the replacement of trees two for one. Mr. Carlberg reviewed the policy, noting those trees that are designated as significant trees and then damaged are to be replaced two for one. Mr. Fursman noted one of the problems is the lack of personnel to enforce the ordinance. Most communities that enforce a similar ordinance have a full-time forester on Staff. The Council felt the City needs to get tougher on saving the trees. If the Tree Preservation Plan is being violated, there is no reason to issue building permits and that replacements should be required. Police Protection - Mayor McKelvey stated he has been talking with the Coon Rapids Police Department for joint police protection. Those discussions are continuing. Parking Violations - Mayor McKelvey stated he has received three complaints recently on parking tickets issued to cars parked on the streets during the summer. They were new families who said they didn't know about the No Parking from 1 to 6 a.m. Attorney Hawkins stated the Deputies do write a lot of parking tickets. No action was taken. School District Building project Update - Mayor McKelvey reported the school district has said they will begin construction on both buildings in Andover in the spring. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Dalien, approval of the Claims from the edited list of 8-9 and 8-16 and 9-1 in the amount of $831,273.14. Motion carried unanimously. MOTION by Perry, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting was adjourned at 11:46 p.m. - --- ~-- --------