HomeMy WebLinkAboutCC July 21, 1998
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100
Regular City Council Meeting - Tuesday, July 21,1998 agenda
6:15 - Interviews for Planning & Zoning Commissioner
Call to Order - Following the EDA meeting scheduled at 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Approval of Minutes minutes
Discussion Items
I. Amend Andover Comp Plan/Section 23/Ashford Dev. Corp., Inc. Continued compplan
2. Rezoning/Section 23/ Ashford Dev. Corp., Inc. Continued rezoning
3. Public Hearing/98-11/Jay Street NW ph9811
4. Discuss Slow-No-Wake Ordinance Update/Rum River nowake
5. Release Escrow/Feasibility Report Escrow/97-26/Hamilton Square esc9726
Staff. Committees. Commissions
6. Appoint Planning & Zoning Commissioner appoint
Non-Discussion/Consent Items
7. Reduce Escrow/Developer Improvements/Nightingale Preserve nightpre
8. Accept Petition/Order Feasibility Report/98-13AlFox Meadows· pet9813a
9. Accept Supplemental Feasibility Report/98-13/Fox Meadows act9813
10. Accept Feasibility Report/98-16/Shadowbrook 4th Addition acpt9816
11. Approve Quote/Sunshine Park/Concrete Furnishing qtsunshi
12. Approve Drainage & Utìlìty Easement! Andover Park Clinic clinic
13. Approve Expansion of Voice Mail System voicemail
14. Approve PurchaseILateral Files/Planning & Engineering files
15. Release Cash Escrow/90-23/Clemens Feasibìlìty Report . rceclemens
16. Release Cash Escrow/88-12/0ak Bluf£'Feasibility Report rceoakbluff
17. Approve Brick Pavers/94-30/City Hall appr9430
Mavor/Council Input
Payment of Claims
Adiournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 21,1998
TABLE OF CONTENTS
RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
CONSENT AGENDA
Reduce escrow/Development improvements/Nightingale Preserve. . . . . . . . . . . . . . . .. 2
Resolution R146-98 accepting petition/ordering feasibility/IP98-13A1
Fox Meadows ...................................................... 2
Resolution R147-98 accepting supplemental feasibility/IP98-I3/Fox Meadows ...... 2
Resolution R148-98 accepting feasibility report/IP98-16/Shadowbrook 4th . . . . . . . . .. 2
Approve quote/Sunshine Park/Concrete furnishing . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Approve drainage and utility easement/Andover Park Clinic ..................... 2
Approve expansion of voice mail system. .. . , . . . . . .. . . . . . . , . .. . . . . . . . . . . . .. ., 2
Approve purchase/Lateral files/Planning and Engineering ...............,....... 2
Release cash escrow/IP90-23/Clemens feasibility report. . . . . . . . . . . . . . . . . . . . . . . .. 2
Release cash escrow/IP88-12/0ak Bluff/feasibility report. . . . .. . . . . . . . . . . . .. . . . .. 2
Approve brick pavers/IP94-30/City Hall ..................................... 2
Approve disabled Senior Citizen assessment deferral ........................... 2
Resolution R149-98 accepting petition/Adopting assessment roll!
13423 Crooked Lake Boulevard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
APPROVAL OF MINUTES .................................................. 2
AMEND ANDOVER COMPREHENISVE PLANIREZONING - SECTION 23
Motion to table .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
PUBLIC HEARING: IP98-1I1JA Y STREET NW ................................. 3
Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
RELEASE ESCROW/FEASIBILITY REPORT/IP97-26/HAMILTON SQUARE
Motion to release escrow of$I,OOO ......................................... 4
Motion to release Hamilton and Health Partners security ........................ 4
BIDS/IRRIGA nON FOR CITY HALL
Motion to award bid to Mickman Brothers, Inc. ............................... 5
DISCUSS SLOW-NO-WAKE ORDINANCE UPDATEIRUM RIVER
Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
APPOINT PLANNING AND ZONING COMMISSIONER
Motion to appoint Don Jacobson ............................ . . . . . . . . . . . . . .. 5
APPROVAL OF CLAIMS ................................................... 5
MA YOR/COUNCIL INPUT
Number of parked vehicles at Crooked Lake boat landing ....................... 6
Complaint from Andover Fun Fest volunteer ................................. 6
Proposed construction oflakes in vicinity of 181st and Hanson Boulevard .......... 6
Fun Fest .............................................................. 6
ADJOURNMENT .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
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CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - JULY 21,1998
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack
McKelvey, July 21,1998,7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
. Councilmembers present: Mike Knight, John Kunza, Ken Orttel
Councilmember absent: Bonnie Dehn
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
Community Development Director, Dave Carlberg
City Administrator, Richard Fursman
Others
RESIDENT FORUM
Greg Howard. 140th Lane and Tony Howard 2119 156th Lane - are the owners of the new
commercial building on Hanson Boulevard and Commercial Boulevard. The median on Commercial
Boulevard needs to be cut to provide a turn lane, and they are being told that must be done at their
expense. It was their feeling that someone made a mistake by not providing for the turn lane when
the road was constructed. Now to approach their building from Hanson Boulevard, they must go
to Bunker Lake Boulevard to Jay Street to Commercial Boulevard, or go to Jay Street and make a
V-turn. . Mayor McKelvey recalled the county did not want a turn lane so close to the intersection,
and that is why the median was constructed in its location. Mr. Erickson stated he would reconfirm
that with the county. He stated Tony Emmerich was the original owner and developer, and at the
time it was clear that it was the developer's responsibility to reconstruct the turn lane for their
benefit. He estimated it would cost about $5,000 to create the turn lane. From a purely traffic
standpoint, the median should remain. When looking at improving the access, the construction of
a turn lane is an option.
Greg Howard - stated the turn lane would also benefit Andover Wheel and Frame, as they won't be
able to go out onto Hanson Boulevard any more. The existing construction doesn't make sense, as
it would not even be possible for big trucks to deliver to their building as it is now. The project will
be finished in about three weeks, and he'd like to get this resolved. The turn lane is necessary. He
hoped that either the City would pay for it or an arrangement could be made for each to pay half.
The Council discussed the issue and asked Staff to check with the county and to obtain quotes to
have the work done. Mr. Howard stated he would also ask the contractor working for him to give
a quote. He stated other than the quote, he would hold on the matter until the next Council meeting.
Mr. Erickson stated they wìll bring this back to the next Council with two quotes.
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Regular Andover City Council Meeting
Minutes - July 21, 1998
Page 2
AGENDA APPROVAL
Add Item 6a, Bids/Irrigation for City Hall; Item 18, Approve Disabled Senior Citizen Deferral; and
Item 19, Accept Petition/Adopt Assessment Roll/IP9S-14/13423 Crooked Lake Boulevard NW.
Motion by Kunza, Seconded by Knight, to approve the Agenda as amended. Motion carried on a
4- Yes, I-Absent (Dehn) vote.
CONSENT AGENDA
Item 7 Reduce Escrow/Development Improvements/Nightingale Preserve
Item 8 Accept Petition/Order Feasibility Report/IP98-13AlFox Meadows
(Resolution RI46-98)
Item 9 Accept Supplemental Feasibility Report/IP98-13/Fox Meadows (Resolution
RI47-98)
Item 10 Accept Feasibility Report/IP98-16/Shadowbrook 4th Addition (Resolution
RI48-98)
Item 11 Approve Quote/Sunshine Park/Concrete Furnishing
Item 12 Approve Drainage and Utility Easement/Andover Park Clinic
Item 13 Approve Expansion of Voice Mail System
Item 14 Approve PurchaseILateral Files/Planning and Engineering
Item IS Release Cash Escrow/IP90-23/Clemens Feasibility Report
Item 16 Release Cash Escrow/IP88-12/0ak Bluff/Feasibility Report
Item 17 Approve Brick Pavers/IP94-30/City Hall
Item 18 Approve Disabled Senior Citizen Assessment Deferral
Item 19 Accept Petition/Adopt Assessment Roll/IP9S-14/13423 Crooked Lake
Boulevard (Resolution RI49-98)
Motion by Knight, Seconded by Kunza, approval of the Consent Agenda. Motion carried on a 4-
Yes, I-Absent (Dehn) vote.
APPROVAL OF MINUTES
June 29.1998, Special Meeting: Page I, first paragraph, correct 1991 to 1999 General Fund Budget.
Page 2, third paragraph, last sentence should be: She is projecting a large increase in health
insurance based on quotations received from the City's health insurance providers. The
increase is approximately 18 percent. The City is no longer part of the county group;
however, the City is still with the other 12 municipalities that were originally with the
county.
July 7, 1998, Regular Meeting: Correct as written.
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Regular Andover City Council Meeting
Minutes - July 21, 1998
Page 3
(Approval of Minutes, Continued)
Motion by Knight, Seconded by Orttel, approval of the Minutes of June 29 as amended. Motion
carried on a 3-Yes, I-Present (Kunza), I-Absent (Dehn) vote.
Motion by Kunza, Seconded by Orttel, approval of the July 7 Minutes. Motion carried on a 3-Yes,
I-Present (Knight), I-Absent (Dehn) vote.
AMEND ANDOVER COMPREHENSIVE PLANIREZONING - SECTION 23 - ASHFORD
DEVELOPMENT CORPORATION
Mayor McKelvey asked for a motion to remove the item from this evening's Agenda and table to
the August 4 meeting as requested in writing by the developer.
Motion by Knight, Seconded by Orttel, to so move. Motion carried on a 4- Yes, I-Absent (Dehn)
vote.
PUBLIC HEARING: IP98-JI/JAY STREET NW
7:57 p.m. Mr. Erickson explained the project is for the reconstruction of Jay Street, which is now
a 22-foot wide bituminous surface road, to handle the anticipated traffic for the Commercial Park
area. The proposal is for a four-lane divided road with a center median. It is anticipated Jay Street
will be receiving up to 7,200 vehicles per day. Sanitary sewer, municipal water and storm sewer
will also be installed. This does not include signalization. The majority of the funding wìll come
from the MSA account because it is a State Aid roadway. Some will also come from TIF funding
and there will be some assessment to Kottke's Bus Company. The assessment to Kottke's is based
on two lots at one-fourth the actual cost for installation of the sewer and water lateral and for what
would be the normal width of the road. TIF funds wìll pay for the remaining three-fourths of the
costs. That is the policy used when the service road was constructed several years ago. Area
charges for the utilities would be paid for when the Kottke lots are redeveloped.
Councilmember Orttel questioned the policy of assessing only one-fourth of the cost. Mr. Erickson
was not aware of how that philosophy came about. He would have to research the Minutes of those
meetings to see what the thinking was at that time.
Motion by Kunza, Seconded by Knight, to open the public hearing. Motion carried on a 4- Yes, 1-
Absent (Dehn) vote. 8:08 p.m.
Councilmember Orttel wanted to see the logic for the assessment policy to Kottke's. If it is not well
documented, anybody else could also come in and ask for the same thing. Mr. Erickson stated he
would bring back some information to the next meeting. The Council agreed to table the item to the
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Regular Andover City Council Meeting
Minutes - July 21, 1998
Page 4
(Public Hearing: IP98-11/Jay Street NW, Continued)
next meeting for that information.
Motion by Kunza, Seconded by Knight, to table this to the August 4 meeting. Motion carried on a
4- Yes, I-Absent (Dehn) vote.
RELEASE ESCROW/FEASIBILITY REPORT ESCROW/IP97-26/HAMILTON SQUARE
Motion by Knight, Seconded by Orttel, to release the escrow of $1 ,000 to Hamilton Square. Motion
carried on a 4- Yes, I-Absent (Oehn) vote.
Councilmember Orttel explained the next request is to release the Hamilton and Health Partners
security upon receive of a replacement security. The Hamiltons wìll be putting up the money
themselves and Health Partners wìll no longer be involved.
Motion by Orttel, Seconded by Knight, that the City approve that provision. Motion carried on a 4-
Yes, I-Absent (Oehn) vote.
The Council then discussed the request by the Hamiltons that the security amount be reduced. Under
the development agreement between the Hamiltons and the City, a reduction of this security will
not occur until 8S percent of the assessment amount is paid. Currently 67 percent of the outstanding
assessments have been paid. Attorney Hawkins stated it is something that has never been done
before.
Gorden Jensen. Attorney for the Hamilton - asked the Council to consider whether or not the IS
percent rule is applicable for commercial developments. They wìll do what the contract says, but
he felt that the IS percent rule relating to the amount of assessments paid is very applicable to
residential subdivisions where there are many lots but not in commercial areas where there are
relatively few lots. Does the City really need the additional IS percent? He asked that the Council
consider reducing it and allowing them to have a Letter of Credit due to the fact that they have
agreed to the levied assessments on the one remaining lot. Attorney Hawkins stated the reason for
the security is to be able to cover the debt in case the special assessments are not paid on a particular
lot. He has talked to Mr. Jensen about this and feels the IS percent is even more appropriate in the
commercial setting because the assessments are against only a few lots. If the commercial lots do
not sell, there is a greater chance of risk than when it is spread over a number of smaller residential
lots. However, he would be wìlling to listen to other arguments on the issue.
Mr. Jensen - stated in all likelihood the assessments wìll be paid off at one time when and if the
property is sold for commercial property. There isn't as much risk in commercial property. Again,
they will abide by the contract, but he wanted the Council to address the issue and would talk with
the City attorney about it further. No Council action was taken on this matter.
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Regular Andover City Council Meeting
Minutes - July 21, 1998
Page 5
BIDS/IRRIGATION FOR CITY HALL
Motion by Kunza, Seconded by Knight, to award the bid for irrigating Andover City Hall - Phase
II soccer fields to the low bidder, Mickman Brothers, Inc. Motion carried on a 4- Yes, I-Absent
(Dehn) vote.
DISCUSS SLOW-NO-WAKE ORDINANCE UPDATElRUM RIVER
The Council reviewed the memo from Jeff Johnson, Planning, which reported the City of Rarnsey
remains firm on their decision to delete Zones 1,2 and 3 from the proposed Slow-No-Wake areas
along the Rum River. The Council felt Zone 3 should remain, especially given the water depths
around those bends. Mr. Fursman thought that because of the change in the law on jet skis, there
may be fewer problems than in the past.
The Council then suggested contacting some of the residents that have expressed a concern as to
whether or not the problem on the river remains. If so, it may be necessary to meet with the Ramsey
City Council to resolve the issue. Staff was asked to contact the residents and to report back.
Motion by KIDght, Seconded by Orttel, to table this until Staff comes back with more information.
Motion carried on a 4- Yes, I-Absent (Dehn) vote.
APPOINT PLANNING AND ZONING COMMISSIONER
Richard Snyder, who was scheduled to be interviewed at 6:30 p.m., was present and stated he had
mistakenly put the wrong time of the interview on has calendar. The Council agreed to interview
Mr. Snyder at a special meeting, 8:34; then reconvened at 8:47 p.m.
Councilmember Orttel recommended appointing Mr. Jacobson because he is already on the
Comprehensive Plan Task Force, which is completing its work, and because of his experience, which
is needed right now. There may be more openings on the Commission at the end of the year.
Motion by Knight, Seconded by Kunza, to appoint Don Jacobson to the Planning and Zoning
Commission, term to expire on December 31, 1998. DISCUSSION: Mr. Carlberg stated there is
very little turn over on the Planning Commission, though two terms do expire in December. Staff
wìll contact Mr. Snyder to apply again. Motion carried on a 4- Yes, I-Absent (Dehn) vote.
APPROVAL OF CLAIMS
Motion by Orttel, Seconded by Knight, the approval of Claims as presented. Motion carried on a
4- Yes, I-Absent (Dehn) vote.
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Regular Andover City Council Meeting
Minutes - July 21, 1998
Page 6
M4 YOR/COUNCIL INPUT
Number of parked vehicles at Crooked Lake boat landing - Councilmember Kunza stated he has
received calls about the number of vehicles at the Crooked Lake boat landing, plus they cannot park
at the school. There are only nine spots for parking with a trailer. The Council discussed the option
of marking parking for "Trailers Only", where they would be unhitched, then the vehicles parked at
the school. However, it was also noted that this is a popular place for picnics as well, so possibly
some extra parking stalls are needed just to be able to piclÚc there. Mr. Fursman stated he has been
trying to contact the Crooked Lake Association president, as there have been rumors that lake
property owners have been parking cars at the boat landing. The Council suggested that the Park
and Recreation Commission look at the entire issue, including expanding the parking for the picnic
area and sign the others for trailer and vehicle parking only. Mr. Erickson stated Staff will look at
the item further as well.
Complaint from Andover Fun Fest volunteer - Councilmember Kunza stated a volunteer at the 1997
Fun Fest stated she was approached by one of the firefighters, asking to examine her camera. When
he took the camera, it dropped and was broken. It cost $189 to repair it, and she is asking that the
City pay for half of the repair bill. That same person also said she was called by one of the Staff
about a picture of a train. That picture was used on some magazine without her permission. She
sells her pictures. The Council discussed the complaints. Mr. Fursman knew about the broken
camera but was unaware of the issue with the picture of the train. He was under the impression the
train picture came from the historical society. The Fun Fest is run by volunteers in the community
and is not a City function. Councilmember Orttel felt the City's insurance may cover the cost. Even
though the event was not sponsored by the Council, firefighters are City employees, so there may
be some liability. Mr. Fursman stated he will check on the insurance and will investigate the issue
with the picture further.
Proposed construction of lakes in vicinity of 181 st and Hanson Boulevard - Councilmember Knight
stated he has received calls on the proposal by Tony Emmerich to construct two lakes on his property
in the vicilÚty of 181 st and Hanson Boulevard. There is a lot of concerns about shallow wells drying
up. The Council suggested Mr. Emmerich be made aware of the concerns and have the data needed
to support his proposal.
Fun Fest - Mayor McKelvey made several positive comments on the success of the Fun Fest,
appreciating the work of the volunteers and City Staff.
Motion by Kunza, Seconded by Knight, to adjourn. Motion carried on a 4- Yes, I-Absent (Dehn)
vote. The meeting adjourned at 9: 10 p.m.
~
s ectfully su itted~L-
a A. Peach, Recording Secretary
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