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HomeMy WebLinkAboutCC February 2, 1988 9\' ~." CITY of ANDOVER .~-- -~-/ REGULAR CITY COUNCIL MEETING - FEBRUARY 2, 1988 - AGENDA ~_. ..-~þ1"'~~_. 7:30 P.M. L Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Dog Bite complaints b. T. Gearhart Development Plan Discussion, Cont. c. MSA Streets, Cont. d. Indian Meadows 3rd Addition e. Ordinance Amendment/Similar Houses f. 5. Staff, Committee, Commission a. Certificate of Correction/Lund's 4th Addition b. EAW/Hidden Creek East c. Ordinance 13 Amendment d. Approve Fire Department Officers/1988 e. 6. Non-Discussion Items a. Commercial Park Street Lights b. Receive Feasibility Reports/Order Public Hearings 1. Langseth's 2. 177th (Ward Lake Drive) 3. Hawk Ridge c. Condemnation Awards/87-3A, B, C d. Schedule Work Session e. Signal Light Agreement 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~' ('! CITY of ANDOVER ., 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304· (612) 755-5100 ¡l "<_ /F REGULAR CITY COUNCIL MEETING - FEBRUARY 2, 1988 -~.......;¡~-¿,'-:j.-"," MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was caJ led to order by Mayor Jerry Wlndschltl on February 2, 1986. 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Apel, EI ling. Knight, Orttel Councilmen absent: None Also present: CIty Attorney. Wi I II am G. Hawkins: City Engineering Technician, Todd Haas; City Planner, Daryl Morey; City Administrator. James Schrantz; and others AGENDA APPROVAL Mayor Winschi tl asked for a motion to approve the Agenda as presented. MOTION by Elling, Seconded by Knight, to so move. Moti on carr I ed unanimously. DOG BITE COMPLAINTS Councilman EI ling thought the owner of the dog of the first complaint, Dennis Richardson of 16241 Makah Street, has moved out of the City. The house is vacant. M.. Bernard. 15719 Potawatoml - stated his daughter was bit by that dog, but they haven't seen the dog by the house lately and the house is for sale. According to the police, Mr. Richardson was to pal' the doctor bills, but he hasn't done that, asking what recourse he has now. Counc i ] advised Mr. Bernard to contact his lawyer and to try to find out the company who insured the house. Counc i I discussed the need for an ordinance to control exotic animals, asking that they be provided with a model ordinance. Because it was thought the dog Is no longer in the City, it was agreed to table this item. MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously. Mrs. Jane Lvke. 13235 Flora Street - explained the children must walk up Gladlola to get to schoo!. There is a dog that bit her daughter and terrorizes the chIldren. She called the police three different times, but the owner of the dog has done nothing to keep the dog chained. She said the care of the dog is sporatic. And even when it is on a chain, the chain is so long the dog is stilI in the street. Regular City Council Meet! ng February 2, 1988 - Minutes Page 2 (Dog Bite Complaints, Continued) Deputy Scott Roessler stated there have been two complaints on the dog owned by Frank Voreerbruggen. Mr. Voreerbruggen was not in attendance. MOTION by Orttel. Seconded by EI ling. that the Counc i 1 dIrect staff to prepare a ResolutIon declarIng the dog owned by Frank Voreerbruggen at 13625 Gladiola Street NW a bitIng dog under the terms of the approprIate ordinance, and notify the owner by regIstered mail of same as well as other conditions of the ordInance relatIng to actions to be taken should the dog bite another person. (See Resolution R019-88) Motion carried unanimously. After further discussion with Ms. Lyke. the staff and deputy were asked to ta1k with Mr. Voreerbruggen in an attempt to have the chain shortened so the dog Is not able to be In the street. If that Is unsuccessfu I . it was suggested the dog catcher be asked to be In that vicinIty especIally when chIldren are goIng to and coming from school to pick up the dog if necessary. T GEARHART DEVELOPMENT PLAN DISCUSSION Mr. Schrantz reviewed the traffic flow proposal by the engineering fIrm of Strgar-Roscoe-Faisch which basically suggests a frontage road around the business area from the church east and eliminates the proposed extension of Rose Street or any access to 136th Lane. The frontage road would be within the parking lots of those businesses and would not be any different than the cIrculation drives in the Downtown Center. After discussing the concept, the Counc i I felt the proposal would attain the best traffic flow but questIoned who would do the maintenance. They were also concerned about the separation between 136th and the servIce road. Tom Gearhart - stated there would be no access to a cIty road from the lot which he is proposing to purchase. M.. Schrantz stated It would have to access through the church parkIng lot. Mr. Gearhart - stated that makes no sense. That means he would have to go across private property to get to his property. Mayor Windschi t1 thought if the lot was purchased from the church, there would be an easement that would gIve him the right to access it. Discussion continued on the amount of traffic that might be expected If a funeral home were constructed as proposed. Because it was determIned the funeral home traffic would not have a bIg Impact on the Regular City Council Meeti ng February 2, 1988 - Minutes Page 3 (T. Gearhart Development Plan Discussion, Continued) neighborhood, it was suggested the lot being considered by Mr. Gearhart be allowed access to Rose Street. Another option would be to have the church grant an easement from the iot to their driveway for a right-in, right-out only access onto Bunker Lake Boulevard. In either option, should some other type of business other than a funeral home be put on that lot. the Counc i I would take another look at the traffic flow and access to that lot. M.. Gearhart - didn't feel he could purchase the lot under those conditions, stating he could not make that kind of investment not knowing whether he has access or what the CIty or county is going to do. Also, he cannot guarantee what he will do wi th that lot in the future. Mayor Windschitl explained the county will not al low access onto Bunker Lake Boulevard. The only other alternatives are access to Rose Street. extend the service road or workIng out an arrangement with the church as shown. The church would have to give an easement to the lot. It would also have to replace the parking stalls I t loses if a road system were to go through. After further discussion it was generally agreed there are many advantages of the proposal by the engineering firm for traffic flow through the parking lots, but that should be coordinated by the businesses. The only other solution acceptable to the Council that would apply to a variety of uses and that would be the least disruptive would be a right-In, LÍ ght-out from the existing church exit, with the church providing an easement to the lot in question. A representative from the Church stated he would check with the county about provIding access to the vacant parcel from Bunker Lake Blvd. He also questioned whether the concept to extend Rose Street from 136th has been abandoned. Counc II agreed It would not be necessary. MOTION by Orttel, Seconded by Knight, that the Counc i I decide not to continue Rose Street from 136th to Bunker Lake Boulevard. Motion carried unanimously. In further discussion, Counc i I understood the church had a right to access 136th on Sundays. Also, the church property would have to be brough t Into compliance with the ordinance regarding the number of parking stalls if there is a subdivision. The church representative thought if the property Is not sold to Mr. Gearhart, they would continue to use the site as they do now. If they do sel I It, they want development that would be compatible to their church. M.. Gearhart again stated this Is for long-range planning, and he would rather buy a parcel where he knows there is access. No further Council action was taken, awaiting a decision by the church and Mr. Gearhart. It was also agreed that If a written request for an extension on the rezonIng request of that parcel is not received, the P & Z is to proceed with It. - - Regular City Council Meet! ng February 2, 1988 - MInutes Page 4 MSA STREETS Counc i I reviewed the proposed MSA street designations. Councilman Elling did not see the need for Jay Street In Watt's Garden Acres. He also felt the MSA map should be more realistic, that something should be designated In the center of the City between Nightengale/Crosstown and Round Lake Boulevard. probably in the vicinity of 157th . He fe It there should be more east/west roadways through the City. He also thought Verdin Street should be extended to the south. Mr. Schrantz stated the City of Ham Lake would like to have UniversIty Avenue from 157th to 166th desIgnated MSA and constructed to a graveled road, at least north from Constance to 166th. It was agreed Councilman Orttel and a representative from Ham Lake wll I discuss this with the adJoining property owners. M.. Schrantz also stated Ham Lake is wi I ling to blacktop University between Andover Boulevard and 150th. It was then agreed to approve the first two proposed designations and consider Councilman Elling's suggestions for next year. MOTION by Knight, Seconded by Apel. that University Avenue NW from 157th Avenue NW to 166th Avenue NW and 167th Avenue between Ward Lake Drive and Verdin Street, Verdin north to 168th Lane and 168th Lane between Verdin and Round Lake Boulevard as presented as MSA street designations for this year. Motion carried unanimously. INDIAN MEADOWS 3RD ADDITION M.. Haas explained there is an existing preliminary plat on the property. but the developer is requesting a revision of that pJat to work around the power easement. He reviewed the recommendations of the Andover Review Committee that the preliminary plat not be changed, that bituminous curb rather than ditch section be used, and that an EAW be prepared for the future proJect. Counc i ] noted the revision presented this evening, Plan B-1, thinking It was materially better than that presented in the Agenda material. M.. Haas agreed. Wavne Bachman. developer - stated from a marketing standpoint they would rather develop the lots as shown on the latest revision. By adding the cuI de sac. they are able to get some lots behind the power line. They are also adding 3.9 acres into this plat to provide the extra Jots on the cuI de sac. M.. Haas recommended a T-intersectlon at Fox and 153rd. Me Bachman argued one of the reasons they like the curve is it alJows them to puJ I the houses on Lots 6 and 7 ahead of the power easement. They Regular City Council Meeting February 2. 1988 - MInutes Page 5 (Indian Meadows 3rd Addition, Continued) also like the design of breaking up the through roads to add more character to the lot frots. He stated from a marketing standpoint and I Ivabll i ty, he thought It Is an improvement. After discussion, Counc II agreed to leave the road alignment as proposed by the developer. Counc I I also questioned whether an EAW was needed because thIs Is already an approved preliminary plat. M.. Bachman stated they have begun that process, but will ask for an interpretation from the EQB again. Counc I 1 general II' agreed with the proposed Plan B-1 as presented, and advised Mr. Bachman that to change the preliminary plat, he must proceed through the Planning Commission again. M.. Haas also stated a new grading plan wi II be required. ORDINANCE AMENDMENT/SIMILIAR HOUSE General consensus of the Counc i I was to approve the amendment, but i t was felt it should be an amendment to the Building Code, not to Ordinance 8. Also. rather than creating another Board or placing another duty upon the Planning Commission, It was agreed the Board of Design Control should be the Andover Review Committee. MOTION by Knight, Seconded by Apel. introducing an ordinance amending Ordinance No. 19 by adding a sectIon regulating the exterior design, appearance and functional plan of structures, and establishing a Board of Design Control, wi th the change on Item 5.06 to read: The Architectural Review Board for the City of Andover shall be and is hereby appointed as the Board of Design Control. Motion carried unanimously. CERTIFICATE OF CORRECTION/LUND'S 4TH ADDITION MOTION by Orttel, Seconded by Elling, approval of the land survey Certificate of Correction of the plat for Lund's Evergreen Estates 4th Addition as presented. Motion carried unanimously. EAW/HIDDEN CREEK EAST MOTION by Orttel, Seconded by Knight, approval of the EAW for Hidden Creek East as presented. Motion carried unanimously. ORDINANCE 13 AMENDMENT MOTION by Knight, Seconded by El]lng, Ordinance No. 13B as presented here. Motion carried unanimously. Regular City Council Meeting February 2. 1988 - MInutes Page 6 APPROVE FIRE DEPARTMENT OFFICERS/1988 MOTION by E11Ing, Seconded by KnIght. approva1 of the FIre Department officers as presented. (Fire ChIef Bob Palmer, Assistant Chiefs Glenn Smith and Bob Peach, Fire Marshal Ray Sowada, and Secretary Pete Nelson' Motion carried unanimously. COMMERCIAL PARK STREET LIGHTS MOTION by EI ling, Seconded by Apel, approval of street lighting for the Andover Commercial Park as presented. Motion carried unanimously. RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARINGS -- WARD LAKE DRIVE. LANGSETH'S. HAWK RIDGE MOTION by EI ling, Seconded by Apel, a Resolution receiving feasibility report and calling public hearing on improvements of street construction, ProJect No. 88-2 (renumbered from 87-5 and 86-18) in the B1uebird Street. Ward Lake Drive, and Yellowpine Street area, setting the date for the publIc hearing for February 18. (See ResoJutlon R020-88) Motion carrIed unanImously. MOTION by Elling, Seconded by Knight, Resolution receiving feasibility report and cal1ing public hearing on improvements of street construction, ProJect No. 87-26 in the Langseth's area, for February 18 public hearing. (See Resolution R021-88) Motion carried unanImously. MOTION by Elling, Seconded by KnIght, a Resolution receiving feasibility report and calJing public hearing on imrpovements of street construction, ProJect No. 87-23 in the Hawk Ridge area, for February 18 public hearing. (See Resolution R022-88) Motion carried unanimously. CONDEMNATION AWARDS/87-3A. B. AND C MOTION by OrtteJ, Seconded by Knight, that we authorize $812.50 for Ken and Marl' Slyzuk for the commissioner's hearIng award. Motion carried on a 4-Yes, I-Present (Wlndschitl) vote. SCHEDULE WORK SESSION Mayor WIndschitl asked for a motion to set February 9 as a work session to discuss the items noted In the Agenda materia!. MOTION by Knight, Seconded by EJ ling, to so move. Motion carried unanImously. Regular City Council Meeting February 2, 1988 - Minutes Page 7 SIGNAL LIGHT AGREEMENT/ROUND LAKE BLVD AND 140TH LANE Mayor Windschitl understood the county had the funding in their budget for their portion of this signal at 140th Lane and Round Lake Boulevard; therefore, the City should not have to fund the county's share of It. MOTION by Apei, Seconded by Knight. that the Council approve the attached signals agreement as presented with the amendment indicating that the City of Andover will not have to advance any monies for Anoka's share. Motion carried unanimously. COMMUNITY SCHOOL/M DELUCA MeJany DeLuca, Community School Coordinator, explained at the March 7 Key Coo.dinator's meeting several people will be present from the State and County to discuss the traffic proposals once the new Riverdale shopping center is constructed. She said this Is also open to the public, inviting the Council to represent Andover at that meeting. APPROVAL OF MINUTES January 12, Continued Regular Meeting and January 19, 1988, Regular MeetIng: Correct as written. Mayor Windschitl asked for a motion to approve those Minutes as written. MOTION by Knight. Seconded by Elllng, to so move. Motion carried unanimously. PROBLEM WITH SNOWMOBILES Councilmen Knight and EJ11ng noted the complaints they have received about snowmobilers d.lvlng across private p.operty. MOTION by KnIght, Seconded by EI ling, that we request the Sheriff Department to provide us with some snowmobile enforcement coverage in the areas west of Round Lake Boulevard along 172nd and 173rd and between Ve.din and Round Lake Boulevard. Motion ca.ried unanimously. ANDOVER BUILIDNG RULES AND GUIDELINES Building Official Dave Almgren requested approval of the booklet of the building rules and guidelInes for the City of Andover. MOTION by EI ling, Seconded by Orttel, that we authorize staff to print the Building Rules and Guidelines as presented. Motion carried unanimously. Regular City Council Meetl ng February 2, 1988 - Minutes Page 8 Counc i I recessed at this time to hold a closed meeting with the Attorney regarding the Hal' lawsuit. 9:37 p.m., reconvened at 9:42 p.m. WARD LAKE DRIVE ALIGNMENT Glen Cook of BRA reviewed the alignment of Ward Lake Drive from Hanson Boulevard east to the corner, noting the existing road Is not on the section ] ine. In order to save the trees, it was suggested 10 feet be taken north of the section line and 50 feet south of the section line. The engineers and staff were asked to discuss this with the adJoining property owner. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Orttel, that we approve Claims Checks Numbered 14037 through 14119 for a totaJ amount of $100.193.85, minus the check 14109 for $310 to Sign Station. Motion carried on a 4-Yes, I-Present (Windschltl) vote. MOTION by Orttel, Seconded by Eling, to adJourn. Motion carried unanimously. Meeting adJourned at 9:58 p.m. Respectfully submitted, , \\~CÇl~:L Ma cella A. each Rec ~ing Secretary