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HomeMy WebLinkAboutCC January 18, 1994 ~ CITY of ANDOVER Regular city Council Meeting - January 18, 1994 Call to Order - 7:00 P.M. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public HearingjWoodland Meadows Street Lights/93-8 2. Solid Waste Management Charge Discussion/County Rep. 3 . stop Sign Warrants, Cont. Reports of Staff, Committees, Commissions 4 . Appoint Chairs/planning Commission & Park Board, Cont. - 5. Capital Equipment Discussion HRA Meeting 6. Appoint HRA Officers Consent Agenda/Non-DiscusSion Items 7. Approve Recycling Joint Powers Agreement w/Anoka County 8. Reduce Letters of Credit/Hills, Inc. 9. Reduce EscrowjWinslow Hills 3rd Addition 10. Approve Change Order #ljWoodland Creek 3rd/92-20 11. Approve Final PaymentjWoodland Creek 3 rd/92-2 0 12. Order Condemnation/Bunker Lake Blvd. Frontage Road/93-30 Mayor-Council Input Payment of Claims Adjournment -_.._~- -- , - REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 18, 1994 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Approve recycling Joint Powers Agreement with Anoka County · 2 Reduce Letters of Credit/Hills of Bunker Lake 1st and 3rd · · 2 Reduce Escrow/Winslow Hills 3rd . . . . . . . . . . . . . . · 2 Resolution R012-94 approving change order #l/Woodland Creek 3rd/IP92-20 · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R013-94 approving final payment/Woodland Creek 3rd/IP92-20 · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING/WOODLAND MEADOWS STREET LIGHTS/IP93-8 · · · · · · 2 Motion to delete northern portion and continue hearing for southern portion of subdivision · · · · · · · · · · · · · 4 SOLID WASTE MANAGEMENT CHARGE DISCUSSION/COUNTY REPRESENTATIVE · 5 STOP SIGN WARRANTS, CONTINUED . · · · · · · · · · · · · · · · · · 5 APPOINT CHAIRS/PLANNING COMMISSION AND PARK BOARD, CONTINUED Motion to appoint DeLarco as Chair and Anderson as Acting Chair/Park and Recreation Commission · · · · · · · · · · 6 Motion to appoint Squires Chair, Apel Acting Chair/P&Z (Dies for lack of a Second) . . . . . . . . . . . . . · · · · · 6 Motion to appoint Peek Chair, Apel Acting Chair/P&Z (Dies for lack of a Second) · · · · · · · · · · · · · · · · · · 6 Motion to appoint Squires Chair, Peek Acting Chair/P&Z · · · 6 CAPITAL EQUIPMENT DISCUSSION Motion to proceed with certificate for funding Public Works equipment · · · · · · · · · · · · · · · · · · · · · · · · 6 ORDER CONDEMNATION/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 Resolution R014-94 authorizing condemnation for easement for Lot 2, pankonin Addition · · · · · · · · · · · · · · · · 7 CROOKED LAKE BOULEVARD/BUNKER LAKE BOULEVARD INTERSECTION . · · · 7 Motion to install warning signs plus salt and sand intersection 8 MAYOR/COUNCIL INPUT Putting gas in cars while engines run · · · · · · · · · · · · 8 Reschedule March 1 meeting to March 2 · · · · · · · · · · · · 8 Change of schedule for Special Use Permit (Succedss Homes) · 8 Joint meeting with neighboring councils · · · · · · · · · · · 8 Metropolitan Council meetings · · · · · · · · · · · · · · · · 8 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 8 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 9 . -- - -, - -..-.---... ---.- . -. - - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 18, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on January 18, 1994, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight Councilmembers absent: Perry Also present: City Attorney, William G. Hawkins Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others RESIDENT FORUM Ken Orttel, 2772 Bunker Lake Boulevard - stated the intersection at Crooked Lake Boulevard and Bunker Lake Boulevard is one of the most dangerous in the City that he has complained about for years. Yesterday a young woman was killed there. The speed on Bunker Lake Boulevard is too fast, there are no curbs or shoulders, there are no sidewalks, and the slope on Crooked Lake Boulevard to the intersection is very steep. He strongly urged the Council to take some action and suggested the following: 1) Direct Public Works to make that intersection the number one priority in the City and sand that hill on a daily basis whenever there are slippery conditions. Install another stop sign at the top of the hill to make drivers aware of how dangerous the street is if necessary. 2 ) Since Crooked Lake Boulevard is a State Aid street, direct the engineers to use State Aid funds to immediately reconstruct that intersection. As it is, it is a steep grade into a high-speed road with no controls. Drop the hill to get a flat grade at the bottom, or install a concrete island with curbs to give something for the cars to slide into. 3) Start the process to get the speed reduced on Bunker Lake Boulevard. There have been enough accidents at that intersection that if the county and state won't reduce the speed, the City should petition the Governor's office to do so. If necessary, put stop signs on Bunker Lake Boulevard at that intersection during the winter months. Mr. Orttel pleaded that something must be done and asked that the item be put on tonight's agenda for discussion and action. Council agreed. Rosella Sonstebv - first complained about the problem of snowmobiles driving recklessly and trespassing onto her property. Mayor McKelvey noted the county has being done a saturation and has been tagging them the last few weeks. Ms. Sonstebv - asked to be put on the agenda concerning her dispute over the water connection charges for some of her lots. When she brought this to the Council several months ago, the Council advised it was a private matter between her and Mr. Nedegaard. The Conciliation Court Judge, however, stated this is a City matter. Mr. Davidson of TKDA was going to do something, and she asked if he had talked to Staff. Mr. Haas stated he has not talked with Mr. Davidson, nor was he attending this meeting. ~~~">"'. '-/I/9'{ --- - -----.--,-- - Regular Andover City Council Meeting Minutes - January 18, 1994 Page 2 (Resident Forum, Continued) Ms. Sonstebv - then reviewed the background regarding an easement she had given to Bruce Hay, which was transferred to Nedegaard Construction, to provide utilities to the Meadows of Round Lake plat, with the understanding that the developer would pay for her water charges. She was surprised she had to pay approximately $3,500 to hook up to water on her lots, which was more than what was charged for the lots in the Nedegaard plat. She stated the City has all of the records and documentation on this issue, which she felt supports her position, and asked that the City resolve it. After further discussion, the Mayor suggested he meet with Mr. Haas, Mr. Davidson and Ms. Sonsteby in an attempt to resolve the dispute. Ms. Sonsteby and the Council agreed. AGENDA APPROVAL MOTION by Jacobson, Seconded by Dalien, the Agenda be approved with the addition if Item 13, Discussion on Crooked Lake Boulevard. Motion carried on a 4-Yes, I-Absent (Perry) vote. CONSENT AGENDA Item 7 : Approve recycling Joint Powers Agreement with Anoka County Item 8 : Reduce Letters of Credit/Hills of Bunker Lake 1st and 3rd Additions Item 9 : Reduce Escrow/Winslow Hills 3rd Addition by $14,050 Item 10: Approve Change Order #l/Woodland Creek 3rd/IP92-20 (See Resolution R012-94) Item 11: Approve Final Payment/Woodland Creek 3rd/IP92-20 (See Resolution R013-94) MOTION by Jacobson, Seconded by Knight, Items 7 through 11 on the Consent Agenda. Motion carried on a 4-Yes, I-Absent (Perry) vote. APPROVAL OF MINUTES December 21, 1993, Regular Meeting: Correct as written. January~~1994, Regular Meeting: Correct as written. January~~1994, Closed Meeting: Correct as written. MOTION by Knight, Seconded by Dalien, approval of all three Minutes. Motion carried on a 4-Yes, l-Absent (Perry) vote. PUBLIC HEARING/WOODLAND MEADOWS STREET LIGHTS/IP93-8 7:29 p.m. Mr. Haas reviewed the proposed installation of street lights in the Woodland Meadows area, noting the petition of 49 in favor, 16 against and 12 unavailable. The cost would be $25.79 per quarter per lot for the first five years; after which only the maintenance and overhead will be paid. - - Regular Andover City Council Meeting Minutes - January 18, 1994 Page 3 (Public Hearing/Woodland Meadows Street Lights/IP93-8, Continued) Mayor McKelvey opened the hearing for public testimony. Chris Salitros, 17634 partridqe Street NW - stated last week they petitioned the northern portion of the subdivision, that being north of l75th Lane, and found that 80 percent of them do not want the street lights. That is a different result than the original petition. He had a color-coded map showing which lots were petitioned and the vote of-, each. Many people were misinformed about the petition and the project, and many of them moved to that area to get away from street lights. Craiq Sicard, 17604 partridqe Street NW - went into greater detail on the new petition and provided copies for the Council. They did not petition those in the south because they felt the majority wanted the lights and they did not have the time to contact everyone. They hoped the Council would consider providing lights to the southern portion, that is to the southern most property line of those lots adjacent to l75th Lane NW if they still want them, but to leave off the northern area that is included in their new petition. Mr. Haas stated the City has never divided a subdivision for street lights. Mr. Salitros and Mr. Sicard argued this is a very large subdivision and asked if there is any reason it cannot be divided. They do not want to prevent those in the south from getting lights, but they do not want the project on the northern end. There was some discussion on the petition itself. Mr. Haas stated that anyone has an opportunity to change their vote, stating he could easily recalculate the vote with the new petition. A show of hands of those present who live in the southern portion of the subdivision was one parcel opposed; however, they had already voted no on the original petition. A woman who circulated the petition stated she did it a second time to get enough signatures. The original petition is current as of the Summer of 1993. Several residents disputed that statement. There was considerable discussion with the residents and between individuals with accusations that splitting the neighborhood with this project would devalue property, that it is dangerously dark at night, expressions of fear that walkers, joggers, or children may be hurt, and implications that the new petition may not have been accurately presented to the residents. Mark Slick. 17567 Partridqe Street NW - stated the reason they did the petition only on the north side was they thought those in the southern portion felt strongly about wanting the lights. Those on the northern end feel just as strongly about not wanting lights. There are those who feel they are living on the edge of the City and those who feel they are living on the edge of the country and don't want the City infringing on them any more than need be. However, they do not want to divide the neighborhood, nor deprive those who want lights to have them if they feel the lights will provide them security. Some feel a light every 600 feet will provide security, but he challenged that, that it is a false sense of security. They only had one week to petition, so they did not go to the south; but they are willing to do so if the Council wishes. -- .-... - -- -- - . - ---..----- --- - Regular Andover City Council Meeting Minutes - January 18, 1994 Page 4 (Public Hearing/Woodland Meadows Street Lights/IP93-8, Continued) Mr. Slick hoped the Council would consider doing the project in two parts. If not, he feels it has been shown that there is enough change to warrant another petition from the entire subdivision before making a decision. The arguments between residents continued, with one resident stating it is not totally a security issue but that it is so dark that someone is going to get hit by a car. Others pointed out the lights are frosted and attractive, with someone else stating they were told when they purchased their houses that street lights were going in. Others stated they liked the dark. Mayor McKelvey calculated with the new petition there are now 39 opposed or unavailable, 38 in favor. Mr. Haas calculated differently and came up with 32 opposed and 35 in favor. Council discussion noted it is almost an even split between those in favor and those opposed, and there appears to be a definite division between those to the north overwhelmingly opposed to the lights and those to the south in favor of them. Because it is a large subdivision, the Council generally did not have an objection to dividing the project. Several Councilmembers wondered that with such a large change in the north, would there be that same change if those in the southern portion were petitioned again. Several residents argued everyone received the letter from the City and had an opportunity to either write or come to this meeting to change their vote. They opposed the proposal of petitioning again. Several residents then indicated they did not receive a letter from the City but heard of this hearing through friends or relatives. Mr. Haas stated it is feasible to divide the project as proposed, but he would have to rerun the calculations to determine the cost per lot for lighting only the southern portion of the subdivision. He thought a lot more wire would be needed there, so the cost may increase. After more discussion on the issue by the Council and among the residents, Council agreed to delete the northern area from the project and to table the hearing until Mr. Haas can recalculate the costs for lighting just the southern area. MOTION by Jacobson, Seconded by Knight, that we hold the public hearing open on the matter, and administratively the Council make the decision to delete the northern portion of this subdivision, basically l75th Lane NW and north and the lots on the south side of that street, delete that area from this project. Have the City Engineer re-estimate the cost of the street lights for what is administratively called the southern half. If those costs are more than 10 percent of what we have told the people in the letter, then we would reconvene the public hearing for the people who live on the south half. If the costs are 10 percent or less of an increase, we would not reconvene the public hearing but then close it and order the southern half to be installed. Motion carried on a 4-Yes, I-Absent (Perry) vote. 8:22 p.m. Regular Andover City Council Meeting Minutes - January 18, 1994 Page 5 SOLID WASTE MANAGEMENT CHARGE DISCUSSION/COUNTY REPRESENTATIVE Elliott Perovich, Anoka County, reviewed the new program for the funding of costs related to the solid waste management programs. The county has adopted a reduction in the "tipping feel! to haulers who bring their waste to the Elk River facility to make it cost competitive with out-of- state landfills. This should then be offset by a reduction in the haulers' charge to their customers, that reduction estimated to be about $31 per year. In addition, the county will be imposing a Solid Waste Management fee to make up for the loss in revenue resulting from a federal court ruling. That fee will appear as a special assessment for residential and non-residential categories. Residential units will be assessed $36.09 per single-family unit, $28.87 assessed per pad for mobile homes, and $23.46 assessed per apartment unit per year. Non- residential categories will be assessed based on the market value of the improvement of the property, not on the land. The Council questioned the justification for the Solid Waste Management fee based on market value of the improvement in non-residential categories. Mr. Perovich expected there will be a change in the method of assessment for the non-residential units, as the market value concept was the best approach they could devise in the time allotted. An appeal process is in place to rectify any injustices that may occur in the non- residential category. Mr. Perovich also reviewed a chart showing the waste stream from the Elk River plant, with 83 percent of it turned into fuel for United Power Association and only 11.6 percent sent eventually into a landfill. The Council discussed several aspects of the proposal with Mr. Perovich, then thanked him for his presentation. STOP SIGN WARRANTS, CONTINUED In reviewing the Statutes, Attorney Hawkins felt the City has the authority to place stop signs on the highways under its jurisdiction in locations deemed necessary when the conditions meet certain criteria listed in the Statutes. He felt if there are stop signs in the City located where not recommended by the traffic code, the City may be looking at some exposure for liability and they should probably be removed. He also felt the City has enough leeway to retain stop signs where there are dangerous situations, but they cannot be used to control traffic. Mr. Hawkins clarified that no study is needed to install stop signs, but they must meet the warrants or criteria set out in the Code. The Council discussed the location of several signs and raised a concern of the intersection at Bunker Lake Boulevard and Crooked Lake Boulevard mentioned by Mr. Orttel during the Resident Forum this evening. Mr. Haas stated he would like to review the county's plans for the upgrading of Bunker Lake Boulevard and their time line for that project. Council suggested this be reviewed by the Road Committee; then they discussed it further later in the meeting (See Page 7 of these Minutes). Regular Andover City Council Meeting Minutes - January 18, 1994 Page 6 (Stop Sign Warrants, Continued) Mr. Haas stated he is in the process of plotting stop sign locations on a City map. He felt there may be at least a dozen stop signs that should be removed because they do not meet warrants, and he will bring that information back to the Road Committee for their review and direction. Council agreed. APPOINT CHAIRS/PLANNING COMMISSION AND PARK BOARD, CONTINUED Mayor McKelvey stated no one from the Planning Commission volunteered for the position, so he recommended Jay Squires as Chairperson and Maynard Apel as Acting Chair. He also recommended Darrel DeLarco as Chairperson of the Park and Recreation Commission and Tom Anderson as Acting Chair. During the Council discussion, concern was raised over the short time Commissioner Squires has served, though they recognized his ability and experience in Coon Rapids. There was also a question about whether Commissioner Peek would accept the position and the time factor that would affect some of the others. MOTION by Jacobson, Seconded by Dalien, to approve Darrel DeLarco as Chairperson and Tom Anderson as Acting Chairperson for the Park and Recreation Commission. Motion carried on a 4-Yes, I-Absent (Perry) vote. MOTION by McKelvey that for the Planning Commission to appoint Jay Squires as Chairperson and Maynard Apel as Acting Chairperson. Motion dies for lack of a Second. MOTION by Jacobson that Randy Peek serve as the Chair for the Planning and Zoning Commission for a one-year time period, and Maynard Apel as Acting Chairperson, to serve in that capacity when the Chairperson is not present. Motion dies for lack of a Second. MOTION by Dalien, Seconded by Knight, that Jay Squires be appointed as Chairperson and Randy Peek as Acting Chair to the Planning and Zoning commission. Motion carried on a 4-Yes, I-Absent (Perry) vote. CAPITAL EQUIPMENT DISCUSSION Mr. Sulander reviewed the request from Public Works to purchase $137,000 worth of equipment essential to the operations of the various functions within the Public Works Department. Funding would be with certificates. A 1989 certificate will expire in 1994, and this one can be structured so the first principal payment will be due in 1995. MOTION by Jacobson, Seconded by Dalien, that we authorize City Staff and the Attorney to prepare the necessary documents for bond issue for the items listed as Item No. 5 on our Agenda tonight, and come back to the Council with the bids. Motion carried on a 4-Yes, I-Absent (Perry) vote. Regular Andover City Council Meeting Minutes - January 18, 1994 Page 7 The Council recessed at 9:32 to hold an HRA Meeting; reconvened at 9:33 p.m. ORDER CONDEMNATION/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 Mr. Haas explained the City needs the easement across Lot 2 in pankonin Addition to provide utilities to the SPUR station. The utilities will come from Jay Street and be extended to the east. The City has the necessary easement across the other lots in that Addition. He suggested condemnation be ordered since it is a long process, and the developers are anxious to get the SPUR station developed. Council discussion was on the service road and proposed easement running parallel to Hanson Boulevard, then south to loop the watermain with the proposed Commercial Boulevard. Attorney Hawkins advised they will first attempt to negotiate the purchase of the easement across Lot 2. If an agreement cannot be reached and condemnation is necessary, he noted it would be more cost effective to combine this one with any others the City may be considering. The Council noted a feasibility report is being prepared for the service road along Bunker Lake Boulevard. After that is received, it was suggested the service road and proposed easement be reviewed by the Road Committee as to feasibility and proposed financing. MOTION by Jacobson, Seconded by Dalien, the City Council authorizes the City Attorney and Staff to do whatever is necessary up to and including the instigation of condemnation on PIN No. 34-43-24-41-0002 for right of way easement necessary for road, sewer and water service through the parcel with the proviso that the Attorney and Staff make every effort to reach a negotiated settlement with the property owner prior to the start of condemnation. (See Resolution R014-94) Motion carried on a 4-Yes, 1- Absent (Perry) vote. CROOKED LAKE BOULEVARD/BUNKER LAKE BOULEVARD INTERSECTION DISCUSSION Council discussed the problem and possible solutions to the problem at this intersection. Mr. Haas suggested the City should look at using MSA funds to improve the intersection at Crooked Lake Boulevard, possibly with raised medians and turn lanes and/or flattening the grade. Council also suggested that caution or warning signs be placed at the top of the hill to warn of the upcoming dangerous intersection. They also agreed that intersection should be made a priority for sanding as needed. In addition, with the proposed upgrading of Bunker Lake Boulevard by the county, it was suggested the City meet with county officials to determine the proposed final grade, to ask if at least that portion of the road could be done as soon as possible, and to ask if they would do another speed study. It was agreed that Mr. Haas will ask county representatives to meet with the Road Committee regarding this section of Bunker Lake Boulevard. The Road Committee is also to make suggestions for improvements and financing of the Crooked Lake Boulevard intersection. Public Works was also directed to make this intersection a priority for sanding during the winter months. - -" Regular Andover City Council Meeting Minutes - January 18, 1994 Page 8 (Crooked Lake/Bunker Lake Boulevards Intersection, Continued) MOTION by Jacobson, Seconded by Knight, that the City Engineer look at the manual and determine if we can put up a warning sign; and if so, go ahead and install the sign right away without coming back to the Council. Also, salt and sand the intersection. Motion carried on a 4- Yes, I-Absent (Perry) vote. MAYOR/COUNCIL INPUT Putting Gas in Cars while Engines Run - Councilmember Jacobson noted the illegal practice of filling cars with gas while the engine remains running has continued. Mayor McKelvey stated the Fire Marshal has been instructed to start tagging those businesses that allow the practice to continue. Reschedule March 1 meeting - Mayor McKelvey noted because the regular first meeting in March is Caucus night, the law requires that the Council meeting be rescheduled. That meeting will then be scheduled on Wednesday, March 2, 1994, per the ordinance for rescheduling meetings. Change of Schedule for Special Use Permit - Mr. Carlberg explained Success Homes has applied for a Special Use Permit to move their group home for women; however, there is a problem with the time frame from when it is heard by the Planning Commission to when the Council would act on it. They must know if the permit is approved by closing of the property on February 25, and the process calls for it to be heard by the Council on March 2. He asked if the Council would be willing to make a decision at the February 15 meeting, which is only one week after the Planning Commission reviews it. The Council agreed. Joint Meeting with Neighboring Councils - Mayor McKelvey stated Mayors from several neighboring cities have asked to have their councils meet with the Andover City Council to discuss items of mutual interest. The Council was amenable to meeting with neighboring councils but felt the agenda would dictate whether it would be one meeting with everyone or meeting separately with the councils of each city. Mayor McKelvey stated he will pursue the matter further and obtain some dates to on which the meetings can be held. Metropolitan Council Meetings - Mayor McKelvey reminded the Council that the Metropolitan Council Committee as a Whole will be discussing Andover's MUSA expansion request on Thursday, January 20, with the Metropolitan Council acting on that request on January 27, 1994. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dalien, approval of Claims as presented in the total amount of $846,102.83. Motion carried on a 4-Yes, I-Absent (Perry) vote. Regular Andover City Council Meeting Minutes - January 18, 1994 Page 9 MOTION by Dalien, Seconded by Knight, to adjourn. Motion carried on a 4-Yes, I-Absent (Perry) vote. Meeting adjourned at 10:17 p.m. R"'P~~ Marc lla A. Peach Recor ng Secretary . - - -- ., - __ _____0 . .--... -