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HomeMy WebLinkAboutCC July 21, 1998 T1~ [r l~" ~-4-C¡'l 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 . _ . ~ u .. . ,0- _._ 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 . -.. - -". -. ..-- ..--.. -.__.----"" -----.. 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. .- .- . I 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. . _.. _ h. _. ..-. - -- -. - . . - ~ .. 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 . .. ~ -.. I 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. ..- . .. _ u. .. ..-- ..- -- - - .. -. 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. . .. .. . -._-,- .-"- 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 ..- . -. ~ ... _. .. .