HomeMy WebLinkAboutCC September 19, 1995
CITY of ANDOVER
Regular City Council Meeting - September 19, 1995
Call to Order - 7:00 pm
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Public Hearing/Liquor License Fees .
2. Public Hearing/Verdin Acres/95-22
3. Woodland Terrace Traffic Discussion, Cont.
4. Variance/14015 partridge street NW
5. Livable Communities Act
6. Approve Removal of Illegal Stop Signs/Green Acres & North-
woods
7. TIF Modification Resolution
8. TIF Bond Sale Presentation
Non-Discussion/Consent Items
9. Request for Proposals/Insurance
10. Delinquent Utility Billings
11. Update for Anoka Electric Transition
12. Accept Withdrawl of SUP Application/1714 Bunker Lk.
Blvd./Bendtsen
13. Approve Encroachment Agreement/Lts 1-4, Blk 2, Jonathon Woods
14. Approve Driveway Access Agreement/95-8
15. Approve plans & Specs/94-32/We11 #5 (Phase II)/Pumphouse
16. Approve Final payment/SuperArnerica Utilities/93-10
17. Declare Cost/Order Assessment Roll/94-11/Andover Center
18. Set Hearing for Proposed Assessment/94-11/Andover Center
19. Declare Cost/Order Assessment Roll/94-21/13920 Crosstown
20. Set Hearing for Proposed Assessment/94-21/13920 Crosstown
21. Declare Cost/Order Assessment Roll/94-27/14268 Woodbine
22. Set Hearing for Proposed Assessment/94-27/14268 Woodbine
23. Declare Cost/Order Assessment Roll/94-29/1519-148th Lane
24. Set Hearing for Proposed Assessment/94-29/1519-148th Lane
25. Accept Petition/95-6/ACCAP properties
26. Accept Feasibility Report/Waive Hearing/95-6/ACCAP properties
27. Declare Cost/Order Assessment Roll/95-6/ACCAP properties
28. Set Hearing for proposed Assessment/95-6/ACCAP Properties
29. Approve Feasibility Report/95-19/13748 Round Lake
30. Declare Cost/Order Assessment Roll/95-19/13748 Round Lake
31. Set Hearing for proposed Assessment/95-19/13748 Round Lake
32. D. Brown Change to Permanent Fulltime Status
33. Assessment Contract Renewal
34. Successful Probation period/D. Winkel
35. Rescind Assessment Agreement/Andover Partnership
Mayor-Council Input
Payment of Claims
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 19, 1995
TABLE OF CONTENTS
RESIDENT FORUM . . · · · · · · · · · · · · · · · · · · · · · · · 1
AGENDA APPROVAL
Motion to add language to Encroachment Agreement for Lots 1-4,
Block 2, Jonathan Woods, to give notice to home purchasers 1
Motion for approval · · · · · · · · · · · · · · · · · · · 1
CONSENT AGENDA
Request for proposals/Insurance · · · · · · · · · · · · · · 1
Delinquent utility billings · · · · · · · · · · · · · · · · · 1
Update for anoka Electric transition
Accept withdrawal of SUP application/1714 Bunker Lake
Boulevard/Bendsten · · · · · · · · · · · · · · · · · · 1
Approve Encroachment Agreement/Lots 1-4, Block 2,
Jonathan Woods · · · · · · · · · · · · · · · · · · · · · 1
Resolution R171-95 approving plans & specs/IP94-332/Well #5
(Phase II)/Pumphouse · · · · · · · · · · · · · · · · · · 2
Resolution R172-95 approving final payment/SuperAmeria
utilities/IP93-10 · · · · · · · · · · · · · · · · · 2
Resolution R173-95 declaring cost/Order assessment roll/IP94-11/
Andover Center · · · · · · · · · · · · · · · · · · · · · 2
Resolution R174-95 setting hearing for proposed assessment/
IP94-11/Andover Center · · · · · · · · · · · · · · · · · 2
Resolution R175-95 declaring cost/Order assessment roll/IP94-21/
13920 Crosstown · · · · · · · · · · · · · · · · · · · · · 2
Resolution R176-95 setting hearing for proposed assessment/
IP94-21/13920 Crosstown · · · · · · · · · · · · · · · · 2
Resolution R177-95 declaring cost/Order assessment roll/IP94-27/
14268 Woodbine · · · · · · · · · · · · · · · · · · · · · 2
Resolution R178-95 setting hearing for proposed assessment/
IP94-27/14268 Woodbine · · · · · · · · · · · · · · · · · 2
Resolution R179-95 declaring cost/Order assessment roll/{P94-29/
1519 148th Lane . . . . . . . . . . . . . . . . . . . .. 2
Resolution R180-95 setting hearing for proposed assessment/
IP94-29/1519 148th Lane · · · · · · · · · · · · · · · · 2
Resolution R181-95 accepting petition/IP95-6/ACCAP · · · · 2
Resolution R182-95 accepting feasibility report/Waive hearing/
IP95-6/ACCAP Properties . . . . . . . . . . . . . . . . . 2
Resolution R183-95 declaring cost/Order assessment roll/IP95-6/
ACCAP Properties · · · · · · · · · · · · · · · · · · · · 2
Resolution R184-95 setting hearing for proposed assessment/
IP95-6/ACCAP Properties · · · · · · · · · · · · · · · · 2
Resolution R185-95 approving feasibility/IP95-19/13748
Round Lake · · · · · · · · · · · · · · · · · · · · · · · 2
Resolution R186-95 declaring cost/Order assessment roll/IP95-19/
13748 Round Lake · · · · · · · · · · · · · · · · · · · · 2
Resolution R187-95 setting hearing for proposed assessment/
IP95-19/13748 Round Lake · · · · · · · · · · · · · · · · 2
D. Brown change to permanent full-time status · · · · · · · · 2
Assessment contract renewal · · · · · · · · · · · · · · · · 2
Successful probation period/D. Winkel · · · · · · · · · · · · 2
PRESENTATION--DONATIONS FROM LIONS CLUB · · · · · · · · · · · · · 2
APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3
PUBLIC HEARING: LIQUOR LICENSE FEES
Resolution R188-95 increasing liquor license fees ,. 3
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Regular Andover City Council Meeting Minutes - September 19, 1995
Table of Contents
Page ii
PUBLIC HEARING: VERDIN ACRES/IP95-22 · · · · · · · · · · · · · · 3
Motion to direct Staff to prepare change order for project
approval · · · · · · · · · · · · · · · · · · · · · · · 5
WOODLAND TERRACE TRAFFIC DISCUSSION, CONTINUED · · · · · · · 5
Motion to proceed with recommended plan · · · · · · · · · · 6
VARIANCE/14015 PARTRIDGE STREET NW
Resolution R189-95 approving variance for height of fence · · 6
REMOVAL OF ILLEGAL STOP SIGNS/GREEN ACRES AND NORTHWOODS · · · · 6
Motion to remove the signs · · · · · · · · · · · · · · · 8
RESCIND ASSESSMENT AGREEMENT/ANDOVER PARTNERSHIP
Resolution R190-95 rescinding agreement · · · · · · · · · · · 9
TIF MODIFICATION RESOLUTION
Resolution R19l-95 approving modification of TIF · · · · · · 9
TIF BOND SALE PRESENTATION · . . . . . . . . . . . . . . . . . . 9
Resolution R192-95 issuing $6,055,000 GO Tax Increment Bðnds,
Series 1995D · · · · · · · · · · · · · · · · · · · · 10
APPROVE DRIVEWAY ACCESS AGREEMENT/IP95-8 · · · · · · · · · · · 10
Motion directing Staff to prepare agreement (Motion Withdrawn) 11
Motion accepting 155th Lane for maintenance purposes · · · · 11
LIVABLE COMMUNITIES ACT · · · · · · · · · · · · · · · · · · · · 11
MAYOR/COUNCIL INPUT
Executive session/Lund's Towing · · · · · · · · · · · · · · 12
Requests of P & z;
Sidewalks · · · · · · · · · · · · · · · · · · · · · · 12
Street designs to slow traffic · · · · · · · · · · · · · 12
Signs at McDonald's · · · · · · · · · · · · · · · · · · · · · 12
Star Tribune article · · · · · · · · · · · · · · · · · · · · 12
Goals and objectives (Special Meeting/Oct. 11, 7:00 p.m.) · · 13
Committee on City Hall needs · · · · · · · · · · · · · · 13
Special Meeting on Oct. 3, 6:30 p.m., update on acquisition
of auto salvage/TIF funds · · · · · · · · · · · · · · · 13
APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 13
ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · 13
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CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - SEPTEMBER 19, 1995
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was. called to
order by Mayor Jack McKelvey on September 19, 1995, 7:03 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present: Dehn, Jacobson, Knight, Kunza .
Councilmembers absent: None
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
City Planning Director, Dave Carlberg
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Virqil Westlund, 14183 Heather - read in the paper there are discussions
on allowing two families to live in the same residence. About a year
ago he pleaded with the Council to allow a Russian family to live in his
house for only one more year, and it was rejected. Mayor McKelvey
explained his circumstances was different because this situation is two
families living jointly with the same kitchen facilities. Mr.
Westlund's situation was a duplex situation, which was not allowed.
AGENDA APPROVAL
Move Items 14, Driveway Access Agreement/IP95-8, and 35, Rescind
Assessment Agreement/Andover Partnership to Discussion Items.
MOTION by Jacobson, Seconded by Dehn, to leave Item 13, Approve
Encroachment Agreement/Lots 1-4, Block 2, Jonathan Woods, on the Consent
Agenda but add the language that the homebuilders or developers must in
writing give notice to the home purchasers of this agreement so the home
owners are aware of it. Motion carried unanimously.
MOTION by Knight, Seconded by Kunza, to approve the Agenda as amended.
Motion carried unanimously.
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CONSENT AGENDA
Item 9 Request for Proposals/Insurance
Item 10 Delinquent Utility Billings
Item 11 Update for Anoka Electric Transition
Item 12 Accept Withdrawal of SUP Application/1714 Bunker Lake
Boulevard/Bendtsen
Item 13 Approve Encroachment Agreement/Lots 1-4, Block 2,
Jonathan Woods (With language of Motion made under
Agenda Approval)
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Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 2
(Consent Agenda, Continued)
Item 15 Approve Plans & Specs/IP94-32/Well #5 (Phase
II)/Pumphouse (See Resolution R171-95)
Item 16 Approve Final Payment/SuperArnerica Utilities/¡'P93-l0
(See Resolution R172-95)
Item 17 Declare Cost/Order Assessment Roll/IP94-l1/Andover
Center (See Resolution RI73-95)
Item 18 Set Hearing for Proposed Assessment/IP94-11/Andover
Center (See Resolution R174-95)
Item 19 Declare Cost/Order Assessment Roll/IP94-21/13920
Crosstown (See Resolution R175-95)
Item 20 Set Hearing for Proposed Assessment/IP94-21/13920
Crosstown (See Resolution R176-95)
Item 21 Declare Cost/Order Assessment Roll/IP94-27/14268
Woodbine (See Resolution R177-95)
Item 22 Set Hearing for Proposed Assessment/IP94-27/14268
Woodbine (See Resolution R178-95)
Item 23 Declare Cost/Order Assessment Roll/IP94-29/1519 148th
Lane (See Resolution R179-95)
Item 24 Set Hearing for Proposed Assessment/IP94-29/15l9 l48th
Lane (See Resolution R180-95)
Item 25 Accept Petition/IP95-6/ACCAP Properties (See Resolution
RI81-95)
Item 26 Accept Feasibility Report/Waive Hearing/IP95-6/ACCAP
Properties (See Resolution RI82-95)
Item 27 Declare Cost/Order Assessment Roll/IP95-6/ACCAP
Properties (See Resolution R183-95) <-
Item 28 Set Hearing for Proposed Assessment/IP95-6/ACCAP
Properties (See Resolution R184-95)
Item 29 Approve Feasibility Report/IP95-19/13748 Round Lake
(See Resolution R185-95)
Item 30 Declare Cost/Order Assessment Roll/IP95-19/13748 Round
Lake (See Resolution R186-95)
Item 31 Set Hearing for Proposed Assessment/IP95-19/13748 Round
Lake (See Resolution R187-95)
Item 32 D Brown Change to Permanent Full-Time Status
Item 33 Assessment Contract Renewal
Item 34 Successful Probation Period/D. Winkel
MOTION by Kunza, Seconded by Dehn, to approve the Consent Agenda. Motion
carried unanimously.
PRESENTATION - DONATION FROM LIONS CLUB
On behalf of the Andover Lions Club, Mayor McKelvey presented a check to
the City in the amount of $10,000 for parks and $5,000 for the
completion of the concession building at the Field of Dreams. To date
the Lions have donated $45,000 to the Field of Drams and ()ther park
improvements. Andover Park and Recreation Commissioner Dave O'Toole
thanked the Lions for their donations.
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Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 3
APPROVAL OF MINUTES
September 5, 1995, Regular Meeting: Correct as written.
MOTION by Jacobson, Seconded by Dehn, to approve the Minutes. Motion
carried unanimously.
PUBLIC HEARING: LIQUOR LICENSE FEES
7:16 p.m. Mayor McKelvey explained the proposal is to raise tþe on-sale
intoxicating liquor license fees from $3,500 to $4,000 per year and the
off-sale intoxicating liquor license fees from $150 to $200 per year.
There was no public testimony.
MOTION by Jacobson, Seconded by Dehn, to close the public hearing.
Motion carried unanimously. 7:17 p.m.
MOTION by Knight, Seconded by Kunza, move the Resolution as presented.
DISCUSSION: Councilmember Dehn has researched the fees charged in
neighboring cities. As a result, she thought the on-sale liquor license
fee should be raised to $5,000. The additional funds would be used to
fund the extra services that are needed as a result of the on-sale
liquor establishment. Mayor McKelvey stated the Sheriff's Department
has said they have had very few problems with the establishment.
Because it has been in business for less than a year, the move to $5,000
would be a large jump. Staff is suggesting the increase in fees be done
in $500 increments. (See Resolution R188-95) Motion carried
unanimously. 7:20 p.m.
PUBLIC HEARING: VERDIN ACRES/IP95-22
7:20 p.m. Mr. Erickson reviewed the proposed project to" pave the
streets in the Verdin Acres area. Seven of the 11 lots signed a
petition in favor of the project; however, the stipulation was the cost
not exceed $4,000. The estimated cost, based on contract prices
currently in the City, is $4,650 per lot. Mayor McKelvey opened the
hearing for public testimony.
Dan Johnson, 2544 176th - was concerned because neighbors are saying the
City will force them to pave the streets in a few years if it is not
done now. Mayor McKelvey stated it is possible in the future the
Council will recommend that all of the streets in the City be
blacktopped. This area was approached because of the good contract
price in an adjacent area. The average rate for paved streets in the 2
1/2-acre developments is $5,500 to $6,000.
Mr. Johnson - was concerned with the drainage to be sure it does not
drain onto his property. He is in a low~lying area, and last spring the
water ran into the garage because it wasn't running down stream. He did
not sign the petition because he didn't have enough information, and he
is not able to vote until he knows more about the project. He was also
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Regular Andover City Council Meeting <.
Minutes - September 19, 1995
Page 4
(Public Hearing: Verdin Acres/IP95-22, Continued)
told this estimate does not include curbing, and for the first time
tonight he heard about the drains. Mr. Erickson explained there is no
curbing in the rural area. If it were to be curbed, it would add about
$1,000 per parcel to the project costs.
Nadine Brouillet , 2690 176th Circle - moved out there because of the
gravel streets for the horses. She wondered if they would be allowed to
repetition. She did not sign the first one because the person with the
petition was very threatening. There are a lot of people who do not
want it. If the City will force this upon them within the next two
years, it probably should be done now; but if it will not be for another
ten years, she'd rather wait.
Mr. Johnson - asked if the petition is ruled void because it says a cost
not to exceed $4,000. Mayor MCKelvey noted everyone received
notification of the hearing and the estimated cost of the project. Now
is the time for people to voice their opinion. Of those present, he
asked how many signed the petition but have now changed theit mind and
oppose it. Of the four present who signed the petition, none had
changed their vote. Mayor McKelvey noted the petition stands at over 50
percent of the parcels in favor. Councilmember Jacobson also noted the
City's long-standing policy of ordering these projects only when a
majority of the residents in the benefitted area are in favor. He did
not think they are about to change that policy.
Mr. Erickson stated if the project is ordered, the City does have all
the necessary drainage and utility easements. The existing culverts and
ditches will be used for drainage, though some may have to be replaced
or repaired.
Mark Storlie, 2525 176th Avenue - asked if bituminous curbing is
included in the price and if they are getting it in the project to the
north. Mr. Erickson explained the rural section does not include
curbing. This project would be the same as the other projects in the
rural areas. The curbing just does not hold up very well. Culverts
will be evaluated and cleaned and repaired as needed.
Mr. Storlie - did not sign the petition nor talked with anyone. He
heard those on the corner of Verdin Street and 176th signed in favor,
and they are renters. Mr. Erickson stated that address was not listed
on the petition. Also, that parcel would not be receiving an assessment.
Mr. Johnson - asked if the cleaning and repairing of the culverts is an
additional cost. will there be any additional maintenance costs to the
residents once the asphalt is in. Mr. Erickson explained it is included
in the quote. There should be no maintenance costs to the residents for
the street.
MOTION by Jacobson, Seconded by Dehn, to close the public hearing.
Motion carried unanimously. 7:39 p.m.
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Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 5
(Public Hearing: Verdin Acres/IP95-22, Continued)
MOTION by Jacobson, Seconded by Dehn, to authorize Staff to prepare a
change order to allow for the blacktopping in Project 95-22 and present
the change order to the Council at the next meeting for execution.
Motion carried unanimously. 7:42 p.m.
WOODLAND TERRACE TRAFFIC DISCUSSION, CONTINUED
Mr. Erickson informed the Council of the meeting with representatives of
the Woodland Terrace neighborhood and the consensus reached to request
a two-phase approach to controlling the traffic speed and traffic
volumes through the neighborhood. The first phase would be to install
temporary speed bumps throughout the neighborhood for two weeks.
Traffic counts would be taken after the two-week period to determine if
there has been a decrease in traffic volume. This phase would also
include additional enforcement and additional signage in the area.
After Phase I and the traffic counts are taken, temporary barricades
would be installed on the service road to block off an entrance and to
barricade the service road completely to the east. Since the group has
met, Staff has talked with the Assemblies of God Church located just to
the east of the proposed barricade. Many of their members do travel
west along the service road to access Bunker Lake Boulevard at the
signal near the shopping areas. He has also received calls from
residents who use that service road to enter and exit Bl\.nker Lake
Boulevard at the signal. As a result of that information, he is
recommending the barricade then just block that entrance onto the
service road at Marigold but leave the service road open. The intent is
to make it inconvenient for people who do not need to get into the
neighborhood. The barricades would be put in for approximately two
weeks, then traffic counts taken again to see if they were effective in
controlling the volume of traffic through the neighborhood. The speed
bumps would need to be removed for the winter. The barricades could
remain through the winter, however. If the decision is for permanent
speed bumps, they could not be installed until Spring, 1996. The cost
of these proposals would be approximately $4,200. Because the speed
bumps are reusable, he is suggested the funds come from the Permanent
Improvement Revolving fund.
Chris Holberq, 13650 Mariqold - liked the idea of the barricades, noting
there was an accident at that intersection last week. The concern is
that this will increase the speed along the service road, which is where
the children walk to school. She wondered if speed bumps could also be
placed along the service road.
Todd Prodovinski, 13538 Narcissus - agreed with Mr. Erickson's
recommendation of the barricade blocking two of the entrances onto the
service road. He also agreed with Ms. Holberg to install'temporary
speed bumps along the service road where the children are walking. The
Council questioned the additional expense of speed bumps on the service
road without knowing if there will be a problem.
Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 6
(Woodland Terrace Traffic Discussion, Continued)
Ms. Holberq - argued they know it is a problem already. It is a very
important safety issue for the children, and she didn't want the City to
take chances.
Ken Benson, 133rd and Narcissus - thought closing the service road will
only increase traffic on it, as closing roads doesn't help anything.
More roads are needed. He suggested leaving everything the way it is
and try to get the people to slow down.
Larry Hale, Minister, Riverdale Assemblies of God - explain~d cutting
off the service road completely would greatly affect the ingress and
egress of the congregation. In the ten years he's been with the church,
people have seen three or four accidents. They too are concerned with
the safety of the children. He wondered if the speed limit could be
posted for 15 mph when children are present or considered a school zone.
Mayor McKelvey explained the City's inability to regulate speed limits.
Mr. Hale - believed Mr. Erickson has presented an acceptable proposal,
thinking it will be a deterrent for the traffic situation and a help to
the safety of the children. Many children walk across the church
property, and they encourage that so children can be safe.
Mr. Erickson stated they can research whether the service road would
meet warrants for a reduced speed limit or an extension of the school
zone. In further discussion, it was the general feeling of the Council
that for a small increase in cost, two sets of speed bumps should also
be placed along the service road.
MOTION by Knight, Seconded by Dehn, to direct the City Engineer to
proceed with the plan as presented, mainly that of putting in speed
bumps in the designated spots they have picked and also the barricades
with the same time table they have designated and to put in sþeed bumps
on the service road as needed and as designated by the Engineer.
Council authorizes the expense of the speed bumps, since they will be
reused, with funds to be taken out of the PIR fund. Motion carried
unanimously.
VARIANCE/14015 PARTRIDGE STREET NW
MOTION by Jacobson, Seconded by Knight, the Resolution as presented.
(See Resolution R189-95 approving variance request of Loren Kuch at
14015 partridge Street on the height of a fence) Motion carried
unanimously.
APPROVE REMOVAL OF ILLEGAL STOP SIGNS/GREEN ACRES AND NORTHWOODS
Council noted the Staff recommendation to remove the illegal stop signs
on Flora Street NW at 141st Avenue NW and on Crocus Street NW at 139th
Lane NW.
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Regular Andover City Council Meeting
Minutes - September 19, 1995 ,
Page 7
(Removal of Illegal Stop Signs/Green Acres & Northwoods, Continued)
Debbie Fields, 2735 139th Lane - presented a petition of all the
neighbors living between 139th Lane and Crocus to allow the stop signs
to remain there. Many vehicles go right through the stop signs. Prior
to the signs, people would speed through there. There is a concern for
safety, and she hoped the signs could stay there.
Colleen Wevlinq, 13906 Crocus - has lived there for 24 years. The
streets were gravel when they moved there, and Green Acres had not yet
been developed. Once it did get developed, all traffic came down Crocus
or 140th to Yukon; but most of it down Crocus. A number of years ago
there were two stop signs on Crocus, but one was removed after a period
of time. There are a number of small children in the neighborhood that
cannot be seen when speeding through there. She strongly opposes the
removal of the stop signs. There used to be a Deputy that would patrol
the area, tagging the cars that would go through the stop sign. They
don't see that any more.
(.
Arnold Sax, 2924 141st Avenue - stated the stop signs were installed to
control the problem with speed. There have been some accidents; people
would skid out of control. He believed the signs should stay there. He
wondered if there were other choices, and where was the traffic manual
when the signs were installed. Mayor McKelvey stated the manual was not
yet written when the signs were installed. The problem is if stops
signs are present illegally and there is an accident, the City can be
held liable.
Mr. Sax - asked how the speed will be controlled. They haven't seen a
police officer in there since Deputy Albertson left the area. The signs
should stay there for the sake of the children. Councilmember Jacobson
recalled the stop signs were installed because of complaints on
speeding. He wondered if there is any way to qualify the signs to meet
warrants. He thought the criteria relating to 85 percent exceeding 40
mph may apply. Mr. Erickson explained the signs do not meet any of the
criteria for all-way stop signs.
Merlvn prochniak. 2941 141st Avenue - stated some people go through the
stop sign and some don't. There has been a considerable amount of high-
speed traffic at times. Everyone in the neighborhood is concerned about
speed, and no one wants to approach another neighbor about it., He felt,
however, that the residents cannot come to the City Council to alleviate
the problems of people driving too fast. More enforcement is needed, but
he understood there is a limited number of deputies. The residents have
to be responsible for what happens in the neighborhoods and not always
look to the Council to solve their problems. The people need to have
enough respect to slow down. If the stop signs are removed, their
neighborhood will have just as much right to request speed bumps as
Woodland Terrace, but he didn't think it is reasonable to be installing
speed bumps allover the city to control speed. It would be a severe
problem for snow plowing. He wondered if these signs could be
grandfathered in since they were up before the regulations.
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Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 8
(Removal of Illegal Stop Signs/Green Acres & Northwoods, Continued)
Virqil westlund - was outraged when the signs were first installed; but
they have been in for so many years, he didn't see a reason not to stop
for them. He did not believe stop signs should be used 'for speed
control; only for traffic control and congestion. However, he had no
objection to a stop sign.
Craiq Kimrninq, 13990 Flora - stated there is a safety factor there with
the large number of children waiting for the bus and as they are playing
around there in the summer. He cannot imagine either one of those stop
signs being removed. He asked how this became an issue. He also
wondered if the criteria applied in Woodland Terrace earlier this
evening of doing traffic counts and speed checks can also be applied in
this situation. Apply the situation of the City being liable if there
was an accident, which would probably be between a vehicle and a child.
Safety has to be the number one criteria. If it is a problem of
legality, he suggested it be changed to safety. Speeding is a terrible
problem allover the City.
Mr. Erickson explained it is basically a legal issue. Staff is
systematically looking at all stop signs in the City as to whether or
not they meet warrants. Those who have written the manual will argue
the studies indicate that stop signs do not control speed. He also
pointed out that the signs must meet anyone of the three criteria to be
legal, which includes all three aspects of Item 3 of the regulations for
all-way stop signs. These two signs do not meet any of <the three
warrants, so a speed study would be irrelevant.
The Council deliberated the request, understanding the safety issue and
the reasons they were originally installed, but also recognizing the
signs are illegal and the liability that places on the City.
Councilmember Jacobson noted the City will be adding an additional
deputy beginning in January and proposed that deputy be assigned to
traffic control only for four, five or six months to let people know the
City is serious about traffic and speed control.
MOTION by Jacobson, Seconded by McKelvey, to meet the State law, move
that the Council concur with the City Engineer on the removal of the
illegal stop signs in Green Acres and Northwoods and authorize the City
Engineer to remove the illegal signs that are there, reluctantly.
DISCUSSION: The other Councilmembers generally agreed with the proposal
to assign the extra deputy to traffic control for a few months.
Mr. prochniak - understood it is the Council's decision on the signs.
He would like to see additional enforcement on the speeding. He thought
the initial request for the stop sign on Flora and 141st Avenue was
because of a handicapped person in one of the homes. He asked if there
are any other illegal stop signs in the City and will t~y too be
removed. He again commented his disapproval of installing speed bumps
in all neighborhoods to control the speeding problem. It will be a
maintenance nightmare. He'd also like to see more patrol on Bunker Lake
Boulevard, especially those who pass on the shoulder.
Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 9
(Removal of Illegal Stop Signs/Green Acres & Northwoods, Continued)
Mr. Erickson explained an on-going project over a number is years will
be the evaluation of the neighborhoods to be sure all traffic control
signs are up to code. Mayor MCKelvey explained the intent in Woodland
Terrace was to try to change traffic patterns. He didn't believe speed
bumps will slow the traffic as much as people think they will.
VOTE ON MOTION: YES-McKelvey, Jacobson, Knight; NO-Dehn, Kunza
Motion passed.
RESCIND ASSESSMENT AGREEMENT/ANDOVER PARTNERSHIP ,.
Mr. Fursman explained the agreement must be rescinded to go out for a
nontaxable issue on the Tax Increment Financing bond.
MOTION by Jacobson, Seconded by Dehn, on Item 35 which was on the
Consent Agenda originally but was pulled off, move the Resolution
presented terminating the Assessment Agreement between the City and
Andover Limited Partnership pertaining to Tax Increment Financing
District No. 1-2. (See Resolution R190-95) Motion carried unanimously.
TIF MODIFICATION RESOLUTION
MOTION by Jacobson, Seconded by Dehn, the Resolution as presented. (See
Resolution R191-95 approving the modification of the development program
for Development District No. 1 and approving the modification of the Tax
Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1
and 1-2) Motion carried unanimously.
TIF BOND SALE PRESENTATION
,.
Bob Thistle of Springsted, Inc. , explained the City received six bids
representing 23 different financial institutions on the $6,055,000
General Obligation Tax increment Bonds, Series 1995D. He recommended
the bonds be issued to Firstar Bank Milwaukee, N.A. at a true interest
rate of 5.3492 percent.
Councilmember Jacobson did not find the total amounts dedicated for the
various items, such as the land acquisition and improvements. Mr.
Thistle explained those are variables. Mr. Fursman noted expenditures
are contemplated outside of the area, which is the purpose for the
modification approved in the last agenda item. There is flexibility for
future projects. Mr. Thistle also assured the Council that the action
taken this evening by the Council to rescind the agreement with Andover
Limited partnership is effective immediately and is reflected in this
bond.
Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 10 ,.
(TIF Bond Sale Presentation, Continued)
MOTION by Dehn, Seconded by Kunza, to accept the Resolution as presented
on the proposal on the competitive negotiated sale of $6,055,000 General
Obligation Tax Increment Bonds, Series 1995D, providing for their
issuance and pledging for the security thereof tax increments; issuing
to the low bidder of Firstar Bank Milwaukee, N.A. at the true interest
rate of 5.3492 percent. (See Resolution R192-95) Motion carried
unanimously.
APPROVE DRIVEWAY ACCESS AGREEMENT/IP95-B
Pat A'Hern, 3620 157th Avenue NW - has lived there for 18 years. He is
asking to be allowed to split his lot and asked the Council to honor a
commitment made to him 15 years ago when he attended the hearing on the
development of Lakeridge. That is to allow him to use the road to his
property line. The easement is there as well as the Class 5, but it is
not blacktopped. He has been told by City Staff that the City did
receive an escrow from Lary Carlson, the developer of Lakeridge, to
blacktop that portion of 155th Avenue to his property. ,. The City
Attorney has drawn up a driveway agreement, which he has signed to allow
him to use the right of way.
Mr. Erickson explained Staff can find no record of ever maintaining that
stub of 155th Avenue. It is a publicly dedicated right of way
constructed with Class 5, but it has never been maintained. The
ordinance requires the maintenance of a publicly dedicated right of way
before a building permit can be issued. A similar driveway agreement
was approved in 1993 on 173rd and Poppy allowing the individual to split
the lot and build a house. However, Staff has a concern as there has
been a similar request where the dedicated right of way is considerably
longer and not built to current City standards. If a variance is given
in this case, other situations will have to be viewed the same way.
In discussing the issue, it was pointed out that when Lakeridge was
developed, this stub street was constructed to the street standard,
which was gravel at the time. The developer chose to blacktop the
remainder of the development, but for some reason this stub street was
not paved. Also, the ordinance requires specific standards for driveways
that exceed a certain length, which would apply to similar scenarios
that would involve very long easements. The Council felt this case is
unique because the stub was constructed to street standards at the time.
.
Mr. A'Hern - stated the proposal will be to blacktop the street. The
post for the street sign is still there, though the street sign itself
has been removed. He had originally requested that the road be
maintained, but now all he would like is to be able to make his lot
split legal. Mayor McKelvey pointed out if the City takes the position
that it will not allow development of properties at the ends of stub
streets because those streets are not maintained, very little
development will take place. If the City required a developer to
construct a stub street to a parcel, he felt it becomes a City street
and the owner of the parcel has the right to access to it.
."-. .-.. -.
Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 11
(Approve Driveway Access Agreement/IP95-B, Continued)
Councilmember Jacobson suggested since the stub was accepted and did
meet specifications at the time it was accepted that the City start
maintaining it. Attorney Hawkins advised the stub was accepted as a
dedicated right of way but not for maintenance purposes. Th~City does
have the option of accepting it for maintenance purposes at any time;
however, it does not have a legal obligation to maintain it. He advised
that all requests need to be treated equally unless there is something
unique about one that would merit maintenance and not the other. Mr.
Carlberg suggested a distinguishing feature of this stub and a dirt
easement is that this was constructed to City standards at the time the
plat was done.
MOTION by Jacobson, Seconded by Dehn, to have Staff and the Attorney
draft an agreement that Council would pass on at its next meeting
authorizing the City to take over the maintenance of this section of
road to allow a driveway to come onto it and leave the legal language to
the Staff to make sure it is a unique situation which is not duplicated
in the future, based on the discussion that it was built to City
standards at the time it was accepted. DISCUSSION: Attorney Hawkins
advised the City is simply accepting the stub street for maintenance
purposes based on the fact that it was constructed to City standards at
the time, which does not need a written agreement. Councilmembers Dehn
and Jacobson WITHDREW the Second and the Motion.
MOTION by Jacobson, Seconded by Dehn, that the City Council undertake
the maintenance of 155th Lane NW based on the premise when Lak~ridge was
platted, 155th Lane NW was constructed to City standards at that time.
The City has chosen not to maintain the road since that time but now
assumes that responsibility. Motion carried unanimously.
LIVABLE COMMUNITIES ACT
Mr. Carlberg reviewed the Metropolitan Livable Communities Act
administered by the Metropolitan Council. The City must participate in
the Metropolitan Council's Housing Incentives Program to be eligible to
apply for grants as a part of the Metropolitan Livable Communities Act.
Those communities who do not choose to participate may also suffer
negative reviews in regional investment decisions by the Metropolitan
Council. The City must let the Metropolitan Council know whether or not
it will participate in the programs by November 15. If it does
participate, funds for the program will not have to be allocated for
1996. The City's estimated cost for the program in 1997 is $16,388. If
the City chooses not to participate until 1998 or 1998, it would first
be required to pay the amount that would have been spent for the
previous years. The City may be interested in grant funds for the
cleanup of contamination, which is available through the Minnesota
Department of Trade and Economic Development. However, Andover must
participate in the Metropolitan Council's Housing Incentives Þrogram to
be eligible.
.. - .---- -- -- ~.- --~----------
Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 12
(Livable Communities Act, Continued)
Councilmember Knight pointed out in order to meet bench marks, the City
would have to have more growth and more people per acre. This appears to
be just more bureaucracy. Mayor McKelvey didn't see the program being
much use to Andover except not participating could harm the expansion of
the MUSA area. If participating, the funds would have to come from the
general levy, not from TIF. He was also concerned that the City will be
forced to construct apartment buildings. Councilmember Jacobson stated
if the City does not use the funds, they will be given to someone else.
He noted Andover does fall within the bench marks for many of the
criteria, but he is concerned with the talk about subsidized housing.
He felt housing should be private, not subsidized by the government. If
more senior housing is needed, all the City needs to d~ is make
ordinance changes to encourage it rather than go through the bureaucracy
and spend taxpayer dollars. This entire proposal makes him very
apprehensive.
!1r. Fursman stated he proposed that these items be looked at on a
regional level as is done with transportation and population
projections. Then the bench marks are exceeded. This isn't a city-by-
city issue. There are many apartments and multiple housing in the
surrounding cities. He hoped to do more investigation on looking at
this regionally, then come back to the Council closer to the November 15
date. Council agreed.
MAYOR/COUNCIL INPUT
Executive Session/Lund's Towing - Mr. Fursman requested the City Council
meet with the City Attorney in a closed session to discuss the Lund's
Towing situation. Council agreed.
Requests of P & Z - Councilmember Jacobson suggested the Council ask the
Planning Commission to consider requiring sidewalks in the R-4
subdivisions to keep children off the streets. CounciJ. agreed.
Councilmember Jacobson also suggested the Planning Commission consider
requiring more curved streets in plats as a method of slowing the
traffic down or any other alternatives in street design to accomplish
lower speeds. He did not feel speed bumps is the answer for all
neighborhoods. Council agreed.
Signs at McDonald's - Councilmember Jacobson questioned how many signs
are allowed at the McDonald's restaurant. Mr. Carlberg stated the
number of signs is not regulated, just the aggregate square footage.
They are still within the legal size.
Star Tribune article - Councilmember Jacobson noted a recent article in
the Star Tribune had erroneous figures for the City of Andover regarding
its population and percent spent on police protection. Mr. Fursman
stated he did not know how those percents were calculated. No action
was taken.
"
Regular Andover City Council Meeting
Minutes - September 19, 1995
Page 13
.
(Mayor/Council Input, Continued)
Goals and objectives - The Council indicated disappointment in the
resulting document from Change Facilitators. They agreed, however, that
the team should meet to determine what goals and objectives should be
approved and then to prioritize them. It was also agreed that at this
point, the initial team should be meeting to make those decisions, and
it will be the Commissions, other Staff and possibly residents who will
help in the implementation. A special meeting of the Council and other
team members was set for Wednesday, October 11, 1995, at 7 o'clock p.m.
at the Andover City Hall.
Committee on City Hall needs - Mr. Fursffian reported the committee which
is studying the possibility of constructing a new City Hall is meeting
again on Tuesday. There is a strong division over what should be done
between those who are very conservative and those who want to look to
the long term. He hoped to complete the process at this meeting and
make a presentation to the Council at the October 3 meeting. The
Council suggested if a consensus cannot be reached, that a majority and
a minority report be given from the committee.
Special meeting on October 3 - Mr. Fursman asked to meet'· with the
Council at 6:30 on October 3 to update the Council on the acquisition of
the salvage yards and the funds available in the TIF fund. The Council
agreed.
APPROVAL OF CLAIMS
MOTION by Knight, Seconded by Kunza, the payment of claims. Motion
carried unanimously.
The Council recessed at this time to go into executive session with the
City Attorney regarding Lund's Towing; 10:27 p.m. Reconvened at 10:45
p.m.
MOTION by Dehn, Kunza, to adjourn. Motion carried unanimously.
The meeting was adjourned at 10:46 p.m.
Respectfully submitted, ,.
~{\~~l
Ma~ella A. Peach
Recording Secretary
. . ~ . >-.. -.-