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HomeMy WebLinkAboutCC September 15, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, September 15,1998 agenda Call to Order - Following the EDA Meeting Scheduled at 8:01 PM Resident Form Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items L Amend Andover Comprehensive Plan/Section 23/Ashford Dev. Corp., Inc. Continued compplan 2. Rezoning/Section 23/Ashford Dev. Corp., Inc. Continued rezone 3. Discuss Fencing/Country Ridge, Inc. Building/13416 Hanson Blvd. NW fence 4. Approve Park Bond Referendum for November General Election/98-18 bond9818 5. Amend Ordinance No. 233/Dangerous Dog ord233 6. Participation/Metropolitan Livable Communities Program livable 7. Consider Council Pay Adjustment pay 8. 140th Lane NW Neighborhood Concerns concerns 9. Transit Survey Results survey 10. Award Bid/98-1l/Jay Street NW Reconstruction bid9811 Non-Discussion/Consent Items 1 L Approve Licensesrrotal Mart total mart 12. Vacation ofEasement/329 - 139th Avenue NW ease139 13. Vacation of Easement/3922 - 146th Lane NW ease146 14. ASUP/Waste Oil Storage Tank/15421 Round Lake Blvd. NW/Ed Fields & Sons, Inc. edfields 15. Approve Final Plat/Langfeld Oakridge Estates/Willìs LangfeId platlang 16. Reduce Letter ofCredit/Developer Improvements/Woodland Ponds 2nd Addition wdpond2 17. Award Quote/Trophy Cabinets/Sunshine Park cabinets 18. Award Bid/98-16/Shadowbrook 4th Addition bid9816 19. Approve Purchase/Lateral Files files Mavor/Council InDut Pavment of Claims Adjournment ~ .. ..-. ..--t- .... _. -_. , --. , REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 15,1998 TABLE OF CONTENTS FENCING/COUNTRY RIDGE, INC., BUlLDING/13416 HANSON BLVD ....... . . . .. I RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Approve licenses/Total Mart .............................................. 2 Resolution R181-98 vacating easement/329 139th A venue NW . . . . . . . . . . . . . . . . . .. 2 Resolution R182-98 vacating easement/3922 146th Lane NW .... . . . . . . . . . . . . . . .. 2 Resolution R183-98 amending Special Use Permit/Waste oil storage/I 5421 Round Lake Boulevard NW/Ed Fields and Sons, Inc. ....................... 2 Resolution R184-98 approving final plat/Langfeld Oakridge Estates ............... 3 Reduce Letter ofCredit/Developer improvements/Woodland Ponds 2nd Addition. , ., 3 Award quote/Trophy cabinets/Sunshine Park (to Tom Lammert) ............ . ., . .. 3 Resolution R185-98 awarding bid/IP98-16/Shadowbrook 4th Addition............. 3 Approve purchase/Lateral files. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Resolution R186-98 approving plans and specs/IP97-12/Well #7..... ... .......... 3 APPROVAL OF MINUTES .................................................. 3 140TH LANE NW NEIGHBORHOOD CONCERNS. . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 3 PARK BOND REFERENDUM FOR NOVEMBER GENERAL ELECTION/IP98-18 .... 5 Resolution R187-98 approving the proposal .................................. 6 AMEND ANDOVER COMPREHENSIVE PLAN - REZONING/SECTION 23/ ASHFORD DEVELOPMENT CORPORATION, INe., CONTINUED. . . . .. .. .. . .. 6 Motion to continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 AMEND ORDINANCE NO. 233/DANGEROUS DOG Motion to approve ...................................................... 7 P ARTICIP A TION/METROPOLIT AN LIVABLE COMMUNITIES PROGRAM Motion to decline participation ............................................ 7 CONSIDER COUNCIL PAY ADJUSTMENT.................................... 7 Motion to authorize preparation of ordinance amendment for salary increases. . . . . . .. 8 TRANSIT SURVEY RESULTS............... ..... ...................... ..... 8 AWARD BID/IP98-II/JA Y STREET NW CONSTRUCTION Resolution R188-98 awarding the contract ................................... 8 MAYOR-COUNCIL INPUT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 APPROVAL OF CLAIMS ................................................... 9 ADJOURNMENT ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 ,- ~ -. .. . ..-- - ----. ~ .. I 'V'-I-C.-;<:" cu:::... \.\.Y'\..L-tu.n \O-lp-Ct'i CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 15, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, September 15, 1998,8:42 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Council members absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others DISCUSS FENCING/COUNTRY RIDGE, INC. BUILDING/13416 HANSON BOULEVARD Mayor McKelvey announced an agreement has been reached with the owner of the property, and a wood fence will be constructed to screen the parking and storage areas. A resident asked that either shielding be placed on the light in the back of the parking lot or the fence be made higher, because the light shines directly into the houses. Staff indicated they will look into the matter. RESIDENT FORUM Winslow Holasek - asked about the square footage of the pond being constructedjust east of the City Hall and whether the decision on the pond was a Councilor administrative decision. Mr. Erickson stated he wìll calculate that for Mr. Holasek. The Council recalled the decision on the pond was in the plans for the new City Hall building. Mr. Holasek - stated since the last meeting where he mentioned the possibility of looking at the Hanson Boulevard storm sewer system, he had a discussion with the Mayor and Mr. Fursman. He wrote a letter explaining his opinion on the issue and handed copies of the letter to the Councilmembers. Jerry Windschitl - asked for help from the Councilor Staff regarding the new Post Office building. It appears to be finished and landscaping done, but there is no fencing between them as a commercial use and the residcnts. With activity going on at the Post Office all hours of the day and night, he felt a fence is necessary for screening and for safety to prevent small children ITom wondering across the short distance to the commercial area. Mr. Carlberg stated the City did have an opportunity to view the plans for the project. The ordinance requires a fence, but the City doesn't have any control over this project. Staff can make the request, but cannot require it. ..- Regular Andover City Council Meeting Minutes - September 15, 1998 Page 2 (Resident Forum, Continued) Mr. Windschitl - asked that either as a separate agenda item before Item 1 or before discussing Item I, he wanted to discuss the requirements being imposed upon him. He didn't know what easements the City was requiring of him, as he is getting different opinions from different sources. He wants to get the exact easement being required from him, and that decision must be made by the Council. After some discussion, Mr. Erickson stated he would be happy to meet with Mr. Windschitl and his surveyor in the conference room to claritY the easements at this time to resolve it before the Council discusses Item 1. The Council and Mr. Windschitl agreed. Al Pearson. reprcsenting thc Hamiltons - had a problem adding the easements issue suggested by Mr. Windschitl to the agenda because they have not had an opportunity to prepare for it. They do not have a problem with those items that are already on the agenda as long as the drainage issue is resolved and the drainage from Hamilton Square is going north as was the prior position of the Council. The Council noted the easement issue is a part of Item I. Hubert Smith. 11309 Jay Street - stated when the pond behind them was being proposed, they worried about it becoming ajunk hole. They were told the City would keep it up; however, now the boulevard gets mowed only once a year. He called about the weeds and was always told it would be put at the top ofthc list. It is always done whenever the Burnett Classic is held. Last year it was mowed on September 18. The last time it was mowed this year was May 27. This year he called and was told the City is not mowing the boulevard there. He felt that the City needs to abide by the weed ordinance just as the residents do. He's not looking to have it mowed each week, but when the weeds get about a foot high, it should be mowed. People dump things in the pond. He took over 20 bags of grass out of there. Councilmember Orttel suggested the Staff contact the City of Coon Rapids and possibly negotiating an agreement to have them mow that boulevard several times a year. The rest of the Council agreed, noting those boulevards should be mowed. AGENDA APPROVAL Add Item 20, Approve Plans and SpecsIlP97-l2/Well #7. Motion by Dehn, Seconded by Knight, to approve the Agenda. Motion carried unanimously. CONSENT AGENDA Item 11 Approve Licensesffotal Mart Item 12 Vacation of Easement/329 139th Avenue NW (Resolution RI81-98) Item 13 Vacation of Easement/3922 146th Lane NW (Resolution RI82-98) Item 14 Amended Special Use Permit/Waste Oil Storage Tankll5421 Round Lake Boulevard NWÆd Fields and Sons, Inc. (Resolution RI83-98) . - . ~ .. . -._- Regular Andover City Council Meeting Minutes .- September 15, 1998 Page 3 (Consent Agenda, Continued) Item IS Approve Final Plat/Langfeld Oakridge Estates/Willis Langfeld (Resolution R 184-98) Item 16 Reduce Letter of Credit/Developer Improvements/Woodland Ponds 2nd Addition Item 1 7 Award Quote/Trophy Cabinets/Sunshine Park (Tom Lammert) item 18 A ward BidlIP98-16/Shadowbrook 4th Addition (Resolution RI8S-98) Item 19 Approve PurchaseILateral Files Item 20 Approve Plans and Specs/IP97-12/Well #7 (Resolution RI86-98) IHolion by Kunza, Seconded by Dehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES September 1, 1998, Regular Meeting: Correct as written. - lfJotÜm by Kunza, Seconded by Delm, to approve the Minutes. Motion carried on a 3- Yes, 2-Present (Knight, Orttel) vote. 140TH LANE NW NEIGHBORHOOD CONCERNS Jim Paynes. 2108 I 40th I,ane NW - has lived there for three years. It is getting to the point that they will not tolerate the street the way it is now. The issues are the police response to calls about teens loitering in the streets after curfew; the excessive noise of cars racing up and down the street at all hours of the night, especially during the summer; the throwing of paper all over the street and yards by children getting off the school buses; kids sitting in the middle of the street throwing things at cars, etc. He has spoken to Captain Andersohn about what can be done to help eliminate those problems. As the teens get older, the problems get worse. They are out of control. He wants to see kids who litter get ticketed. They have not always gotten a good response from the police. One officer told a neighbor's wife that if they don't like what is going on in the neighborhood, they should move. That is not an acceptable response from the Anoka County Sheriff's Department. The residents feel that street lights at Quinn and 140th Lane and at 140th Lane and Nightingale would illuminate the area where 20 to 30 teens hang out each Friday and Saturday evening and would solve some of the problems. They also don't feel the police force in Andover is large enough to cover the entire area. Mayor McKelvey stated the contract with the Police Department for next year calls for an increasc in the numbcr of officers in the City each day. He too has talked to Captain Anderson, who is making this area a priority area. _ u._" ~. -~ Regular Andover City Council Meeting Minutes - September 15, 1998 Page 4 (140th Lane NW Neighborhood Concerns, Continued) Another resident stated it is difficult to sleep at night when there are kids outdoors at 2 and 3 o'clock at night. Mr. Paynes stated there has been some mention of a privacy fence for the residents on 141st Avenue and the rental property on 140th Lane, which apparently was supposed to be erected by the City of Andover to separate the rental property. He didn't know if that would help. Those residents abutting the rental property who want to sell are having a hard time doing so because no one wants to live next to the rental property. It is affecting their property values. He has seen more police activity through there, but they are stìll having a problem with the kids. Council member Orttel asked if the City can charge the landlords for the police calls. Attorney Hawkins stated he would investigate that. Another resident askcd why the curfew law isn't enforced. It appears there are no parents watching these children. And kids come in from other neighborhoods, because they can do anything they want to do here. Councilmember Orttel was concerned that street lights may just move the problem to another street corner, though he agreed to looking into it further. .G¡¡ptain Ander~ohn - stated they have made 14 arrests and issued some citations in the last three months. There have been 89 calls on that block this year. They have done some things within the division about this issue. They report on a monthly basis with the City Building Inspector, and he confers with the City Attorney regarding the rental property to decide if there is something under the City's ordinance regarding the landlord's accountability for the activities on the property. He's also instituted a direct patrol assignment on this street with specific assignments. It is not acceptable for an officer of thc Sheriffs Department to make the comment that was made to a neighbor about moving. He's conferred \vith the City Administrator and has written a memo to his Staff about his expectations on 140th Lane. They don't take any responsibility for child curfew. It is difficult to write up ajuvenile on a curfew violation when they have so many calls. The gentleman who lives on the corner of 140th and Quinn told the Council he felt a light on that corner would really help to eliminate the loitering and trash that he gets on his yard. Captain Andersolm - stated they could coordinate a Crime Watch group in that neighborhood, though there is a good group of crime watchers there already. This becomes a partnership between the community and the Sheriffs Department. They need people not only to call, but to testifY. He felt they have made progress in recent weeks. They deal with some of the kids regularly. He expected the officers to be doing everything possible. He also plans to put some officers on bike patrol through that area. An O\\l1er of one of the rental properties expressed the importance of street lights in that area. They don't need to be as elaborate as the commercial ones, but he felt lights would help with the problems they are having. . - . ~ -- - --"- ..-- Regular Andover City Council Meeting Minutes - September 15, 1998 Page 5 (/40th Lane NW Neighborhood Concerns, Continued) The Council suggested the Crime Watch program be reorganized and directed Staff to schedule a public hearing for the installation of street lights on the two corners as proposed by the residents. It was noted that this area may also qualify for rehabilitation. APPROVE PARK BOND REFERENDUM FOR NOVEMBER GENERAL ELECTION/IP98-18 Dave O'Toole, Park and Recreation Commissioner, explained they held an informational meeting for the residents on September 10 regarding a park bond package. The proposal is a five-year capital improvements project consisting of projects that have been identified from previous capital improvement plans and which have been requested by the residents. At first they were looking to put the referendum on the November ballot; however, following the public meeting, the unanswered issues of developing the WDE site, a commuIDty center in conjunction with the Cities of Anoka and Ramsey, and the cost associated \vith the proposed trail along Bunker Lake Boulevard were raised. Because those items are uncertain, it has been suggested that the park bond refercndum be put on the ballot at a special election on Tuesday, May 11, 1999. He estimated the cost of a special clection would be $2,SOO. Councilmember Orttel stated the only problem he has with an off-election is that people do not like them. Hc was concerned, that a good survey hasn't been done on how the residents fecI about this item. There will be more people out to vote with the general election. Commissioner O'Toole stated if the Council doesn't want a special election, the Commission would still like to go ahead with the ballot in the Novcmber election. Mayor McKelvey and Council member Kunza also preferred that it be placed on ballot in the November election. Councilmember Knight stated the people who have been contacting him have been all negative. He did not feel comfortable proceeding at all without knowing where the public stands on the issue. Commissioner O'Toole stated the list of projects contains many that have been asked for by residents. A survey was done in 1997 in conjunction with the Comprehensive Plan update, the feedback at the public meeting last week was positive, plus the Commissioners have a great deal of contact with the residents. They'd like to go for the full amount of the bond and let the residents dccide. Ccuncìlmembcr Oehn stated it is a $3.7 million bond, the Commission isn't quite sure how it will be spent because of several outstanding issues, nor are the estimated costs nailed down. She didn't think it was wise to ask for a vote on this yet. More research is needed. She's received phone calls, and especially the seniors are concerned with a raise in taxes. She also had a problem with spending that much money in parks when the City is not financially able to provide for the traffic safety concerns. . ~ . - -" _. ..-- .._- - Regular Andover City Council Meeting Minutes - September 15. 1998 Page 6 (Approve Park Bond Referendumfor November General Election/1P98-18, Continued) Motion by Kunza, Seconded by Orttel, that the bond referendum for $3,749,SOO be put on the November election. (Resolution RI87-98) Motion carried on a 3- Yes, 2-No (Oehn, Knight) vote. Council member Knight stated his vote is based on the fact that there needs to be more work done on it. Councilmember Oehn stated she is very uncomfortable with the lack of research and the short time franle. She'd like the more research and community meetings. Commissioner O'Toole thanked the Council, stating they are constantly researching what the people want and need and are trying to respond to that. It's been an on-going process. AMEND ANDOVER COMPREHENSIVE PLAN - REZONING/SECTION 23/ASHFORD DEVELOPMENT CORPORATION, INC, CONTINUED Mr. Erickson stated he met with the developer and his surveyor regarding the issues of ponds and easements for storm water drainage. He felt it is more of a procedural question, so Staff is proposing a process to get thc whole storm drainage systcm working out there. Mr. Carlbcrg cxplained the process would be that thc developer submit a revised preliminary plat of Chcsterton Commons showing how it would be revised to accommodate the five-acre piece of property. That rcvised plan would bc revicwed by the Andover Rcview Committce, the watershed and Hamilton's engineers to make sure that all the drainage and economic issues are resolved. Then a public hearing will be scheduled before the Planning and Zoning Commission, with thc revised plat thcn forwarded to the City Council. On the Council agenda wìll bc the revised preliminary plat, the comprehensive plan amendment and the rezoning. The metes and bounds split would go away and the drainage issues would be worked out prior to coming to the Council. If this process is acceptable to the City Council, Staffwìll start the review as soon as the revised preliminary plat is received. The Council asked the time ITame and whether it can be done by the deadline at the end of the year. Mr. Carlberg stated it wìll take some time, and it will be tight to get it done by the end ofOecember. It will depend on the submittals. Jerrv Windschitl. Ashford Development - noted when they tried to plat Chesterton Commons with two different classifications, they had to correct that before the plat could proceed. He wanted the Council to understand this procedure. Secondly, there was an interpretation many years ago that an amended preliminary plat didn't need a public hearing as long as the number of lots wasn't increased. He didn't recall the plat this was done to, but he wìll research it. Not holding another public hearing would reduce the time frame. Also, the rezoning has already been through a public hearing. Attorney Hawkins didn't recall the interpretation but said he would look into it with Mr. Carlberg and give an opinion. ,--- -- .. . ..-- - Regular Andover City Council Meeting Minutes - September 15, 1998 Page 7 (Amend Comprehensive Plan/Rezoning/Section 23/Ashford Development, Continued) Mr. Carlberg stated in his opinion the preliminary plat and the impact of the revision warrants a hearing, plus the lots are being reconfigured. He will research that further. While this procedure is not the City's regular practice, the reason this is being proposed is because of the on-going unresolved drainage issues in the area. Mr. Windschitl- agreed with the suggested procedure. The revised plat would show two commercial lots, one on either side of the street, and would show all drainage and ponding. If the rezoning is denied, however, he wanted assurance that the old plat will stand. The Council agreed to the proposed procedure and with the requcst that the old plat stands if the rezoning is denied. Mr. Windschitl - then requested the items be tabled lmtil this process is finished; or in the event it can't be finished, they would bring it back at a specific date. Motion by Kunza, Seconded by Oehn, to continue Items I and 2 to let Staff work on them. Motion carried unanimously. AMENI) ORJJL'VANCE NO. 133IDANGEROUS DOG Motion by Orttel, Seconded by Knight, the ordinance amendment as written. Motion carried unanimously. PARTIClPA TION/METROPOLlTAN LIVABLE COMMUNITIES PROGRAM Mr. Carlberg explained in November of each year, the City has to choose whether or not to participate in the program. His Staff report highlights the benefits of participating in the program. It would cost $11,210.83 in 1998 to participate in 1999. After a brief discussion, the conscnsus of the Council was to take the same position as in the past and not participate. ilIotion by Oehn, Seconded by Orttel, that we not participate in the program. DISCUSSION: Mr. Carlberg stated he would submit a letter to the Metropolitan Council indicating that decision. Motion carried unanimously. CONSIDER COUNCIL PAY ADJUSTMENT Mr. Fursman explained in preparing for the 1999 budget and in talking with administrators and managers of other cities similar in size to Andover, Andover has the lowest rate of compensation for the Mayor and Council. There are strict rules regarding when and how Councils can address an increase for their salaries. He is recommending an adjustment to the Mayor's Salary to $7,800 per . - - ~ --.. .. .---- ..-- - Regular Andover City Council Meeting Minutes - September 15, 1998 Page 8 (Consider Council Pay Adjustment, Continued) year and the Councilmembers' salaries to $6,650 per year, which is the middle of the road for other communities this size. Council discussion noted it has been about 12 years since their salaries were adjusted, that thcre are other expenses involved with the position but they do not submit those expenses or mileage for reimbursement, and that the position does require a lot oftime. Councilmember Dehn checked with the adjacent communities. Her only concern was the large increase at one time. She preferred a graduated increase over the next few years. Mr. Fursman stated the law will not allow that. Motion by Orttel, Seconded by Kunza., to approve the Staff recommendation and authorize Staff to prepare the ordinance amendment. Motion carried on a 4- Yes, I-No (Dehn as she felt it is too much of an increase at one time) vote. TRANSIT SURVEY RESULTS Mr. Carlberg explained during June a survey was conducted to examine the commuting habits of Andover residents. Surveys were sent to over 850 homes, and half were returned and tabulated by Mctro Commuter Services division of the Metropolitan CounciL From the survey, Metro Commuter Services recommends the City support development of a park and ride site near or on Highway 10, develop a pooling program, and develop a transportation committee of residents to develop commuting/transit solutions. He asked for direction from the CounciL Councilmember Knight felt the area south of the WDE site would make a good ]ocation to develop a park and ride or car pool parking lot. Councilmember Orttel also suggested the back of the City Hall area be considered for a car pool parking lot as well. Such lots need to be visible for security, and possibly plug ins can be provided in the winter. No further action was taken by the CounciL AWARD BIDIIP98-Il/JAY STREET NW RECONSTRUCTION Motion by Orttel, Seconded by Knight, the Resolution awarding the contract to Forest Lake Contracting. (Resolution R188-98) Motion carried unanimously. MAYOR-COUNCIL INPUT Councilmember Dehn noted a bus accident on Round Lake Boulevard a week ago where several people were injured. She reminded everyone that school buses are on the roads now, and there is stìll a problem with people passing on the right. ~ -,. .. , ..-- - -,-- Regular Andover City Council Meeting Minutes - September 15, 1998 Page 9 APPROVAL OF CLAIMS Motion by Kunza, Seconded by Dehn, to approve the Claims. Motion carried unanimously. Motion by Dehn, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 10:39 p.m. Respectfully submitted, 1:1~~~ Recording Secretary . - ~ -. .. . _0- _ _