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HomeMy WebLinkAboutCC August 6, 1991 ~ CITY of ANDOVER Regular City Council Meeting-August 6, 1991 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Lower Rum River Watershed Public Hearing 2. Vacation of Easement Public Hearing/16094 - 7th Avenue 3. Public Hearing/16Bth Lane N.W./91-14 4. Public Hearing/Kelsey-Round Lake Park 5. Kelsey Estates Discussion 6 . Crosstown Blvd/Rural or Urban 7. Order Street Light/142nd Ln. & Round Lake Blvd. staff, Committee, Commission B. Exercise Option/Ricoh Copier 9. Lawful Gambling Ordinance 10. Approve Gambling permit/Fire Fighters Relief Assn. II. Public Works Building Repair 12. Cable TV Public Address System Discussion 13. Approve Red Cross Agreement 14. Unresolved Issues/Creek View Crossing 15. Amend Fee Schedule Non-Discussion Items 16. Schedule Special Meeting w/Comp. plan Task Force 17. Accept Feasibility/91-21/Smith's Green Acres lB. Approve Final Plat/Olesen's 2nd Addition 19. Approve No parking Resolution/91-l4 20. Reduction of Escrow/Hills of Bunker 1st Mayor/Council Input Approval of Claims Adjournment - -' - - - . .- ..-, ,"- ~ - REGULAR CITY COUNCIL MEETING - AUGUST 6. 1991 TABLE OF CONTENTS RESIDENT FORUM . . . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . . · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · 3 LOWER RUM RIVER WATERSHED PUBLIC HEARING . · · · · · · · · · · · · 3 Motion to approve Ordinance estabJlshlng LRRWM Tax District · · 4 VACATION OF EASEMENT PUBLIC HEARING/16094 SEVENTH AVENUE Resolution R114-91 approving vacation · · · · · · · · · · · · · 4 PUBLIC HEARING/168TH LANE NW/IP91-14 . · · · · · · · · · · · · · · 4 Resolution R115-91 orderIng the Improvement · · · · · · · · · · 6 PUBLIC HEARING/KELSEY-ROUND LAKE PARK · · · · · · · · · · · · · · 7 Resolution R116-91 authorization to apply for grant · · · · · · 8 KELSEY ESTATES DISCUSSION · · · · · · · · · · · · · · · · · · · · 8 CROSSTOWN BOULEVARD/RURAL OR URBAN . · · · · · · · · · · · · · · · 9 PUBLIC WORKS BUILDING REPAIR ResolutIon R117-91 for funds to come from PIR Fund · · · · · · 9 ORDER STREET LIGHT/142ND LANE AND ROUND LAKE BOULEVARD . · · · · · 9 EXERCISE OPTION/RICOH COPIER . · · · · · · · · · · · · · · · · · · 10 LAWFUL GAMBLING ORDINANCE · · · · · · · · · · · · · · · · · · · · 10 Motion to deny JawfuJ gambling In city/fails · · · · · · · · · 10 GAMBLING PERMIT/FIRE FIGHTERS' RELIEF ASSOCIATION · · · · · · · · 10 CABLE TV PUBLIC ADDRESS SYSTEM DISCUSSION ResolutIon R118-91 for $2.900 from PIR fund. · · · · · · · · · 10 APPROVE RED CROSS AGREEMENT · · · · · · · · · · · · · · · · · · · 11 UNRESOLVED ISSUES/CREEK VIEW CROSSING · · · · · · · · · · · · · · 11 NON-DISCUSSION ITEMS Resolution R119-91 to amend fee schedule · · · · · · · · · · · 12 Schedule September 12. SpecIal Meetlng/Comp Plan Task Force. · 12 Informational Item/Feasibility. IP91-21 · · · · · · · · · · · · 12 ResolutIon R120-91 to approve No Parking on 168th Lane · · · · 12 Reduction of Escrow to HllJs of Bunker · · · · · · · · · · · · 12 COON CREEK WATERSHED ACTIVITIES · · · · · · · · · · · · · · · · · 12 APPROVE FINAL PLAT/OLESEN'S 2ND ADDITION Resolution R121-91 approving plat · · · · · · · · · · · · · · · 13 - ,. .. Table of Contents August 6. 1991 Page ii APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 13 MAYOR/COUNCIL INPUT Letter regarding action against Padula · · · · · · · · · · · · 13 Motion to adjourn · · · · · · · · · · · · · · · · · · · · · · · 13 Motion to reconvene · · · · · · · · · · · · · · · · · · · · · · 14 CHANGE ORDER NO. 4/FIRE STATIONS . · · · · · · · · · · · · · · · · 14 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 14 - ,. ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 6. 1991 MINUTES The Regular Bi-Monthly Meeting of the Andover CIty CouncIl was cal ]ed to order by Mayor Ken Orttel on August 6, 1991. 7:30 p.m., at at the Andover CIty Hall, 1685 Crosstown Boulevard NW. Andover. MInnesota. Councilmembers present: Jacobson. McKelvey, Perry Councilmember absent: Smi th Also present: City Attorney. William G. Hawkins: CI ty Planner. David Car]berg; City Finance Director, Howard KoolIck: CIty AdmInIstrator, James Schrantz: and others RESIDENT FORUM Robert Demskv. 2421 177th Lane NW - received a letter from Ms. Bosell, CIty Zoning AdminIstrator, asking them to get rid of their chickens cIting the ordinance requires them to have five acres to keep any kind of poultry. They have three acres In Hawk Ridge. They no ]onger have chickens; but their children have a few ducks as pets plus some wild mallards have been In their yard. They would like to keep the ducks. Apparently someone complained about the plastic over the window of the o]d fish house they used for the chickens. The plastic has been removed. the yard has been cleaned, and the fish house has been painted. Mr. Carlberg explained the ordinance definition of domestic animals does not I nc I ude ducks. and only domestic animals are a I lowed on lots under five acres. Mr. Demskv - argued many of the neighbors have ducks and chickens, that ducks can be purchased in a pet store, and that the chl]dren care for the ducks as a hobby. They do not sel I them. and their wings are clipped so they do not fly around. Mayor Orttel thought the intent of the ordinance was to prohibit those types of things from occurring on the relatively small lots. It didn't make sense to him that three horses are allowed on 2 1/2 acres but a few pet ducks are not al lowed. Mrs. Demsky - stated when they moved to the area, they called CI ty Hal I and were told they could have ducks and chickens as ]ong as they were kept in a confined area. Now they are being told that In order to have five or sIx ducks, they have to come to the Council. Councilmember Perry felt the intent was to protect neIghbors from an intense use that Is goIng to be offensive. She did not find two or three ducks on a three-acre parce] offensl ve. The Counc i I then suggested it may be reasonable to change the ordinance to llml t the number of ducks and chickens per acre In the rural area. They also questioned the definitIon of a pet as being able to be purchased in a pet store. not wanting wlJd animals to be brought into the City. They dIrected the Issue to the Planning Commission and recommended Staff take no action on the complaint against the Demsky's unt i I the Planning CommissIon has made its recommendation. . ,- ..-,.- - Regular City Council Meeting Minutes - August 6. 1991 Page 2 (ResIdent Forum. Continued) Robert Padula. 4630 173rd Avenue - receIved a certified letter from Ms. Bosell requiring hIm to cease the raisIng of sheep on hIs father's property. It Is 25 contiguous acres and they have been farmIng the Jand since before Andover was a City. It Is taxed as agrIcultural. plus they have a federal number for ag purposes. Mr. Carlberg stated there was a complaInt about the odor from the sheep. He questioned that becaue of all the farm animals, sheep are probably the least offensIve. The problem Is the land Is zoned R-2 which does not al]ow rural agricultural activities. If Mr. Padu]a can prove sheep were raised on the property prIor to 1971. the actIvIty would be grandparented and would be al lowed to continue by Special Use Permit. The problem Councilmember Perry had with it Is the R-2 zone Is no longer an active zonIng distrIct. But she has learned there are problems to rezonIng It to R-1. She didn't thInk the Special Use Permit process by Mr. Padula was appropriate since farming Is their occupation and because the Comprehensive Plan stresses the Importance of agricultural activities and maintaining the rural character of the City. She thought the rea] problem Is the land is Inappropriate]y zoned. Mayor Orttel said there was some discussion to rezone al I the R-2 and R-3 areas to R-1 but It was not done because then a dog kennel wou]d be allowed In those areas. He thought It may be posslb]e to rezone the areas to R-1 but restrIct dog kenne]s to parcels over a specIfIc sIze. After further discussIon. It was agreed to forward the matter to the Planning Commission to consIder rezoning either the undeveloped land in this district or al I R-2 areas to R-1. They may also want to look at the R-3 zones and determine the ramIfications of changing aJI zones to R-1. The Counc II also asked that no further action be taken agaInst the Padula complaint until the PlannIng CommIssIon has made its recommendation. This Councl I directIve was again noted at the end of the meeting at Mr. Padu]a's request. AGENDA APPROVAL Counc II agreed to add Item 15a, Coon Creek Watershed ActIvIties. MOTION by Jacobson. Seconded by Perry, approve the Agenda as amended. MotIon carrIed on a 4-Yes. 1-Absent (SmIth) vote. MOTION by Jacobson. Seconded by Perry. to automatIcally adjourn the Counc I ] meeting at 11 o'clock unless there Is unanImous approval to con tI nue. DISCUSSION: Councllmember Jacobson stated thIs wou]d be for thIs evening's meeting only. MotIon carried on a 4-Yes, 1-Absent (Smi th) vote. - ,. -, ,., Regular City Council Meeting Minutes - August 6. 1991 Page 3 APPROVAL OF MINUTES Ju1y 16, 1991 : Correct as written. MOTION by Perry. Seconded by McKelvey. approve the July 16. 1991, Minutes as written. Motion carried on a 3-Yes, 1-Present (Jacobson). 1-Absent <Smi th) vote. LOWER RUM RIVER WATERSHED PUBLIC HEARING Mayor OrtteJ called the hearIng to order at 8:02 p.m. Mr. Schrantz reviewed the proposed taxing district for the LRRWMO which would coJ J ect the cost of operatIng the organIzation from the benefitting properties. To date those costs have been borne by all residents In Andover out of the Genera I Fund. Andover's budget for the LRRWMO for 1990 is $12,000. The CIty wouJd be split about 60/40 between the LRRWMO and the Coon Creek Watershed District. The hearing was then opened to pubJIc testimony. Rose1Ja Sonstebv - asked how many acres are involved. Staff estImated about 20.000 acres. Ms. Sonstebv - stated In her lawsuit against the CIty. the City showed that she Is getting ground water from St. Francis and Oak Grove. She wondered why they aren't IncJuded. Mayor Ortte I explained the organizatIon of the LRRWMO. the taxing distrIct. and the City's responsIbilItIes. St. Francis and oak Grove are In another taxIng district. Ms. SonstebY - stated Round Lake had an outlet going north to the Rum River, askIng If that is going to be opened up agaIn. Mayor Orttel stated no projects are beIng planned. and the OrganizatIon wIll never do any work on the rIver I tseJ f. The LRRWMO wi I I be revIewIng development plats. monitoring water quality from draInage projects, etc. There are no p]ans to do any reconstructIon or construction of ditches. Ms. SonstebY - thought every lake Is supposed to have an outlet. She also understood that In 1987 there were 18 houses that were dumpIng over one mIllIon gallons of water Into Round Lake without permits wIth their geothermal heating systems. She asked If anything was done about that. Mayor OrtteJ stated they are now required to have a rock base to perculate to the groundwater. Ms. SonstebY - reviewed some of the Items noted at her trIal regarding the flow of water on her Jand. whIch the City ca1ls Dehn's Pond. The City deJlberately videotaped the flow of water to show that it was comIng from Round Lake. whIch she felt was underhanded, alleging that culvert had nothIng to do with the particular Good Value project involved in the case. ~ -, . Regular CIty Council Meeting Minutes - August 6, 1991 Page 4 (Lower Rum RIver Watershed Public HearIng. Continued) Mr. Koolick exp]ained the taxing dIstrIct wIll have no effect on the City's budget. The dIstrict should be payable on the 1992 taxes. The budget amounts to about 31 cents per acre In 1992. IrwIn Russell. 16850 ArGon Street - asked what area Is covered by the district. Mr. Schrantz revIewed the area on the Andover map. Ms. SonstebY - didn't understand why she should be assessed for the drainage project In her area when the dItch Is at 866 feet and her land is at 865 and she was gettIng the water before It goes out. Mayor Orttel explained this Is a separate matter. for management costs of the organizatIon only. Any assessment for future projects wIll be handled separately. MOTION by Jacobson. Seconded by Perry, to close the public hearIng. Motion carrIed on a 4-Yes. 1-Absent (SmIth) vote. MOTION by Perry, Seconded by Jacobson, introducing the ordInance establishing the Lower Rum RIver Watershed Management Tax DIstrIct as prepared and presented. labeJlng the legaJ descrIptIon of the DIstrIct as ExhIbIt A. Motion carrIed on a 4-Yes. 1-Absent (Smith) vote. The hearIng closed at 8:19 p.m. VACATION OF EASEMENT PUBLIC HEARING/16094 SEVENTH AVENUE Mayor Orttel opened the public hearing at 8:19 p.m. and reviewed the proposed vacatIon based on the creation of a new easement for the driveway to the cemetery. There was no pubJIc testImony. MOTION by Jacobson. Seconded by Jacobson. to cJose the publIc hearing. MotIon carrIed on a 4-Yes, 1-Absent (SmIth) vote. MOTION by Jacobson. Seconded by Perry, a ResoJutIon vacating a driveway easement to al]ow for the placement of a prIncIple dwellIng on the property ]ocated at 16094 Seventh Avenue NW, Tract G of Registered Land Survey No. 72, as presented. (See ResolutIon R114-91) Motion carried on a 4-Yes. 1-Absent (Smith) vote. The hearIng closed at 8:21 p.m. PUBLIC HEARING/168TH LANE NW/IP91-14 Mayor Orttel calJed the pub]lc hearing to order at 8:21 p.m. Shawn Gustafson of Bonestroo and AssocIates revIewed the proposed project for the construction of 168th Lane from Round Lake Boulevard to 350 feet west of Crocus Street. The costs are to be funded by MSA. and those not funded by MSA will be assessed to the benettlng property owners. It Is estImated that assessment will be $2.300 per lot for a typIcal 368-foot lot. , - ._-, . - Regular CIty Council Meeting MInutes - August 6. 1991 Page 5 (Public HearIng/168th Lane NW/IP91-14. Continued) Mr. Gustafson aJso reviewed the storm drainage. notIng in this project the intent is to carry It to the east by pIpe the entire length of the road, then pipe through the lots to an exIstIng drainage dItch. The path of the drainage wIll not be changed, but I t wI I I be routed to the di tch. There is a lot of storm draInage costs In the project. and It is not known how much wIll be paId for by MSA funds. The Counc i 1 was concerned about the amount of pIpIng and cost of the storm drainage. hopIng that a more economIcal method can be found. The hearing was then opened for publIc testimony. Stan Roshau. Lot 19. 2857 168th Lane NW - stated when the ]and to the north was developed. ponds were dug and the cost was mInimal. He dIdn't understand why storm sewer had to be put In this road. He also asked why they need concrete curb and gutter when the adjoInIng road has a plain blacktop curb. Mayor Orttel explaIned that because It Is an MSA street, certaIn standards need to be met; and the concrete curb and gutter takes less room than the ditchIng required for a rural street standard. Those costs are paid for by State fundIng. DiscussIon was agaIn on the storm draInage, with Mr. Gustafson statIng there may be other things that can be done more economIcally. But In thIs project. there Is no c]ear cut soJutIon. Counc II again encouraged the Engineers to Jook at other alternatIves In an attempt to economIze the storm draInage. Ms. Sonstebv - asked where the dItch runs to. Round Lake or the Rum River? Mayor Orttel stated It runs west. and the CouncIl's concern is that normally the storm sewer costs In the rural areas are minimal. Mark Voth. Lot 5. 3045 168th Lane - asked what a State Aid street means and how far back from the road wIll the trees be cut. What Is the City's polIcy on street lIghting? Mayor Orttel explained the funding comes from the State. the road must meet State standards. and it must be a through street from one MSA street to another. They try to do as Jittle cutting of trees as possIble. back about 5 to 10 feet. Street lighting Is paId for by the resIdents and put in at theIr request. Mr. Voth - wondered If the steep sJope at the Intersection of Round Lake BouJevard wIJJ be corrected. Also, It sounds lIke the assessment could vary. Mr. Gustafson stated It wIll have to meet MSA standards for the sJope and vIsibIlity. It Is dIfficult to estImate the assessment untIl the cost of the storm sewer and the costs elIgIble for State fundIng are known. Mayor Orttel also exp]aIned the CIty's policy of reca]llng the property owners prior to awarding the project i f the proposed assessment Is over five percent of what the resIdents are told at the hearIng. Regular CIty CouncIl MeetI ng MInutes - August 6, 1991 Page 6 (Public Hearlng/168th Lane NW/IP91-14. Continued) Mr. Roshau - asked about the speed lImIt and what they can expect for increased traffic. Mayor OrtteJ explained they set the speed limit at 35 mph; however, the State may set It hIgher I f they do a study on it. Because I t Is expected to be a through street. the traffic will increase somewhat. David Hamers. 3110 168th Lane NW - asked why the road has to go through. He felt the cost to put the road through the swamp Is very expensive. He understood that several years ago there was a plan to put that road through but it was too expensIve, Mayor Orttel explained the MSA requirement of the road connecting with other MSA streets. Also, that portI on Is entIrely paId for by MSA funds. The resIdents only pay for those costs not reimbursed by MSA funds such as easement. some administratIon, and hopefu]Jy only about 25 percent of the storm draInage costs. A resident had read In the City newsletter about two years ago that 168th Lane was goIng to be put through, wonderIng what happened. The Counc I I was not aware of that, noting the policy of not Improving roads unless a majority of the residents petItion In favor of It. Mr. Gustafson stated some rIght of way wi] I be needed along the ditch. but he dId not know If street right of way needs to be acquIred. The schedule of the project calls for the plans and specifIcatIons on August 20. a bid date of September 13 and a project completIon date by November 15, though some boulevard restoration may not be done untIl the spring of 1992. Counc I ] noted the petition of 10 In favor. one opposed and three not contacted. One resIdent IndIcated he was In favor but Is now undecided because of the Increased traffic. Mayor Orttel stated they can expect some Increase In traffIc. but there has not been a problem where other MSA streets have been put In. Mark Gardner. Lot 16. 3009 168th Lane - was concerned about the cost of the curbing. He also wanted to know If I twIll cost hIm extra to match his driveway. Mr. Gustafson stated the cost of the curbing Is paId for by MSA funds. As a part of the project, they wIll match up to hIs drIveway, The road wi] ] be lowered about sIx Inches. and they may have to pu II back part of his drIveway to match It. That wIll be done as a part of the project. MOTION by Jacobson, Seconded by Perry, to close the public hearing. Motion carried on a 4-Yes. 1-Absent (Sml th) vote. MOTION by Jacobson, Seconded by McKe]vey. that not hearing any change In the tally from what we have originally, it appears there Is an overwhelmIng majority In favor, move the ResolutIon ordering the Improvement, IP91-14. (See Resolution R115-91) MotIon carrIed on a 4-Yes, 1-Absent (Smi th) vote. Hearing closed at 8:53 p.m. Regu]ar City Counci] Meeting MInutes - August 6. 1991 Page 7 PUBLIC HEARING/KELSEY-ROUND LAKE PARK Mayor Orttel called the publIc hearing to order at 8:53 p.m. Jeff Kieffer. Park and RecreatIon CommIssIon ChaIrperson. Introduced BIll Sanders, consul tant for Sanders Wacker Wehrman Bergly. Mr. Sanders presented the p]an for the 120 acres of Kelsey-Round Lake Park. noting the staging of development, the trail and walkway system. parkIng facIlIties, InterpretatIve facilitIes. signing to be done, boardwalk to the island. etc. The fIrst phase Is planned to be done over a three-year perIod and Includes the main traI] of 10-foot wIde crushed limestone the fIrst year. the parking area and landscapIng a]ong the traIls the second year, and connectIons to the neighborhoods in the thIrd year. The CIty could apply for another grant after that time. Counc I ] questioned the security on a rural park of this sIze. Mr. Sanders stated the sIde entrances are designed to be very lIml ted access for pedestrIans. Barriers or gates will be needed to keep out motorized vehIcles. The main trail wou]d be accessible for emergency vehicles; the other traIls would be on]y sIx feet wIde. ChaIrperson Kieffer also explaIned the Intent to plant seedlIngs abuttIng some of the resIdential areas on the west side. Mr. Sanders also explaIned the main parking area wl1J Include 20 spaces plus 2 buses, but there Is room to expand It. The two sma I] ec parking lots to the south and west wIll be for only 10 cars. and the intent is to keep them somewhat lIml ted. He then reviewed the terms of the grant whIch the City Is applyIng for. It Is for $120.000. a 50-50 matching grant over three years; so the Ci ty wIll need to contribute $20,000 In each of the three years. The cost to complete the park Is about $889.000. Chairperson Kieffer exp]aIned that after the three-year grant, the Ci ty wll] need to decIde whether to apply for another grant. develop the park with CIty funds or ask for a referendum from the cesldents. The Park Board feels they wi] ) be able to dedIcate the $20,000 a year for the next three years. After that they antIcIpate no development in Kelsey-Round Lake Park for a few years to allow time to develop other parks In the CIty. The hearIng was opened for publIc testimony. Jerry WindschItl. 3640 152nd Avenue - felt the plan was very well done wi th the exceptIon of the two sma II parking Jots to the south and west. Because the CIty doesn't have the polIce reserve to maIntaIn that much access to the park, he strongly recommended eJImlnatlng the parking lots on 149th and 151st. He stated most major parks llml t the access to one. He fe It the smaller parking lots wIll create a nIghmare for nelghboclng residents because they attract undesIrable actIvities and wi I I eventually be closed. So why go through the expense of putting them In In the fIrst pJace. WIth onJy one entrance on the north side, the CI ty wi I J be responsIble for opening and closIng only one access. . , .~-, . Regular City Council Meeting Minutes - August 6. 1991 Page 8 (Public Hearing/Kelsey-Round Lake Park, ContInued) Lee Warnecka. 14791 BJackfoot - agreed with Mr. WIndschItJ. At one poInt It was stated that no one could find the parking lot off 149th. One must go through the neIghborhood to get there. He felt the small parkIng Jots should be elIminated. Mr. Sanders stated the reason they were Included is because of the distance of the park. It Is about one mIle from top to bottom. and It may be dlfflcu1t for some people who want to see the southern end to have to go all the way back again. The parkIng lots are proposed to be at the end of the cuI de sacs about 25 feet off the street. They do not have to be Included; they were added as a convenience. Jeff Voely. 14289 Underclift Street - agreed wIth the comments regardIng the accesses, but he was also concerned about how big the parking area In the north should grow gIven the vast expansIve area to the south. He also preferred to leave the trails as natural as possIble rather than pave them. ChaIrperson Kieffer stated the Park Board has dIscussed the possIbIlity of puttIng asphalt on the main traIl and leavIng the other t~alls as crushed rock. but the asphalt would not be put on for a number of years. ChIp DavIs - stated the playground In the northern area Is not proposed for the InItIal phase. and he felt that would get a lot of use by the neIghborIng resIdents. ChaIrperson KIeffer stated the Park Board could Implement that playground outsIde of thIs plan If the residents would desire It. MOTION by McKelvey. Seconded by Perry, to close the pubJIc hearing. Motion carrIed on a 4-Yes. 1-Absent (Smith) vote. MOTION by Jacobson, Seconded by McKelvey, a ResolutIon approvIng the authorization to apply to the MInnesota Depa~tment of Trade and Economic Development for funding of the Kelsey-Round Lake Park. (See ResolutIon R116-91) MotIon carrIed on a 4-Yes. 1-Absent (SmI th) vote. The Counc II asked that the parking lots off 149th and 151st be taken off the master plan. The hearIng closed at 9:36 p.m. KELSEY ESTATES DISCUSSION Jerry WindschItl - reviewed a proposal to add two lots to the KeJsey Estates deve10pment on the south sIde of 152nd Lane. It wou I d be outside of the pJat on whIch he has already receIved final 9radl ng approva J . He would buy enough land from Wayne Bachman to make a Jot on the cui de sac of 152nd Lane. whIch has been pre-arranged; and Mr. Bachman would endorse the check to the CIty for park dedIcatIon In the amount of $9.600 as a donatIon. This does not shortchange any parkland dedicatIon, as Mr. Bachman has already dedicated over fIve acres of surplus parkJand through the platting process. . , ~-, . Regular City CouncIl Meeting Minutes - August 6, 1991 Page 9 (Kelsey Estates DIscussion, Continued) Mr. Schrantz stated the proposal was generated at the Staff level to have two more assessable parcels on 152nd CIrcle. The master plan presented thIs evenIng of KeJsey-Round Lake Park shows the area as parkland, but I t is not. One parcel is owned by Mr. Wlndschltl and is bu I I dab J e ; the other proposed parcel Is owned by Mr. Bachman. The benefIt to the CIty Is the addItIon of two assessable parcels plus the receipt of $9.600 which can be used for park development purposes. Counc II dIrected the matter to the Park and Recreation Commission for their consIderatIon and recommendatIon. CROSSTOWN BOULEVARD/RURAL OR URBAN Counc I I discussed the county's request of a rural or urban street standard on Crosstown Boulevard between Andover and Hanson Boulevards. It was noted a good share of the property aJong the road Is either In Ag Preserve or owned by the City, so there Is Jlttle property to assess. It was felt the City does not have the funds to pay Its share of the concrete curb and gutter, agreeIng the road should be Improved to a ruraJ standard unless State Aid funds wI I I pay for It. PUBLIC WORKS BUILDING REPAIR MOTION by Jacobson. Seconded by Perry. that we accept the Jow bid from Professional Touch In the amount of $5.869.00 to apply a bondIng coat and one coat of HYdrolastIc Elastomerlc coating to the PubJIc Works Building, and move the ResolutIon authorizing expenditure of that amount from the Permanent Improvement Revo]vIng Fund. as Council decIded previously. (See ResoJutIon R117-91) Motion carrIed on a 4-Yes. 1-Absent (Smith) vote. ORDER STREET LIGHT/142ND LANE AND ROUND LAKE BOULEVARD Mr. KoolIck advIsed the CounclJ the 1992 budget Inc]udes 10 new street lIghts; but the 1991 budget allows for no new ones. Some were ordered In 1991. but he didn't know If they had been Insta]led yet. CounclJ agreed more care needs to be taken when orderIng lIghts to be sure they are budgeted for. suggestIng those ordered thIs year be Included as part of the 10 lights for 1992. It was also noted that the lights are paId for over a fIve-year period. MOTION by Perry. Seconded by Jacobson. that the CI ty Install a street lIght at or near the IntersectIon of 142nd Lane NW and Round Lake Boulevard at City expense with the understandIng that the InstaJlatlon and costs Incurred be timed so that It Is a 1992 budget expenditure rather than In 1991. Motion carried on a 4-Yes, 1-Absent (Sml th) vote. ~-, . Regular City CounciJ Meeting MInutes - August 6, 1991 Page 10 EXERCISE OPTION/RICOH COPIER MOTION by Jacobson, Seconded by Perry. the CIty CouncIl authorIze a letter presented to us dated August 22. 1991. to Brooklyn Center LeasIng to offer to purchase the RIcoh CopIer for $879.66. MotIon carrIed on a 4-Yes. 1-Absent (Smith) vote. LAWFUL GAMBLING ORDINANCE Attorney HawkIns reviewed the the CIty CouncIl's optIons regardIng lawful gambling with the City. The lIcensIng Is controlled by the state CharItable Gambling Control Board. But the City can Impose greater restrIctIons on lawful gamblIng than the State does. such as where It can occur, limIt the number of licenses permItted. requIre the funds be expended wIthIn the CIty's trade area, etc.. or It can outlaw gamblIng In the City entirely. He then revIewed a proposed ordInance whIch would regulate lawfuJ gambling wIthIn Andover. noting a correctIon In the dates would need to be made In SectIon 6. Councilmembers Perry and Jacobson did not believe there Is any purposes for cItIes or other governmental bodIes to be Involved In gambling. Mayor Orttel didn't see thIs as the government being involved but in controlling It. MOTION by Jacobson, Seconded by Perry, that CIty CouncIJ dIrect legal counsel to prepare an ordInance for the next reguJarlY scheduled Council meetIng to deny any lawful gamblIng actIvitIes within the CIty of Andover. MotIon fails on a 2-Yes (Jacobson, Perry). 2-No <McKelvey.Orttel). 1-Absent (SmIth) vote. CouncIJ dIrected the matter be brought back to the next Council meetIng for actIon when there Is a ful I CounclJ present. APPROVE GAMBLING PERMIT/FIRE FIGHTERS' RELIEF ASSOCIATION Attorney HawkIns advised the Council has the right to make comments on It. The AssocIatIon wIll forward the applIcatIon to the State, whIch has 60 days to respond. CouncIl asked that the Item be brought back to them at the next meetIng as well. CABLE TV PUBLIC ADDRF.SS SYSTEM DISCUSSION MOTION by Jacobson. Seconded by Perry, a ResoJutIon authorizing the expenditure of not more than $2.900 from the Permanent Improvement RevolvIng Fund for the purchase of a publIc address system for the City Council Chamber as presented. with the understandIng that the money that Is reimbursed to the City from the Cable Commission In early 1992 wI I I be put back Into the same fund from which It came. (See ResolutIon R118-91) MotIon carrIed on a 4-Yes. 1-Absent (Smith) vote. .-, . ~ -. .- Regular City Council MeetIng MInutes - August 6. 1991 Page 11 APPROVE RED CROSS AGREEMENT Counc I I questioned whether the SenIor CitIzen Center can be used for thIs purpose since It was built with CDBG funds. Mr. Carlberg stated he would check that out with the county. MOTION by Perry. Seconded by McKelvey, that we approve the Agreement to declare the SenIor Citizen Center as an Emergency Center In the event of a dIsaster contIngent upon the county's concurrence that this Is an appropriate use for that area. Motion carried on a 4-Yes, 1-Absent (SmI th) vote. UNRESOLVED ISSUES/CREEK VIEW CROSSING Mr. Schrantz passed out copIes to the Council of comments on the Issues made by John Davidson. TKDA. dated August 2, 1991. Item #2 In the Counc II Agenda, the Issue of the cui de sac. can be resolved by moving the cui de sac back Into the Creek View Crossing plat. It wou]d not be a full cIrcle. but a temporary T-shaped turnaround to the edge of the property. Creek View Crossing developer Tony EmmerIch was present and agreed to that proposal. DIscussIon was on I tern 1, park access. Mayor Orttel explained the park access was orIgInally shown on one of the InterIor lots. but was changed to the border of Creek View CrossIng and the property to the east. Jerry Wlndschltl. owner of the property to the east, feels that access affects the property vaJue of hIs future lots and would JIke to see it moved back. Mr. EmmerIch stated there was an agreement on Items 2 and 3 weeks ago. DIscussion was then on Item 3. matter of trespass. Mayor Orttel explaIned Staff fee]s that some of the trees and debris on the WIndschltl property Is from the Old Colony Estates development; but some of the people who are purchasIng lots In Creek VIew Crossing are dumpIng branches there also. Mr. EmmerIch stated he has an agreement wIth Mr. Hamel and they wI I I burn on his property when they get a burning permit. Once It Is burned, he does not feel oblIgated to pol ice the property. Jerry WlndschItl stated he has trIed to cooperate with the City, pointIng out how he Infomred the CIty of a defective Jegal descrIption In the Creek View CrossIng plat as soon as It was dIscovered by his surveyor. Mr. HawkIns belIeved that description Is now beIng corrected. Mr. WIndschltl felt the solution to the park access Issue Is to vacate the current access abuttIng his property and dedIcate a park access on the drainage and utility easement between the lots where It was originally proposed. He felt the current access Is Illegal because no publIc hearIng was held on that portion of the plat. --, Regular City Council Meeting Minutes - August 6, 1991 Page 12 (Unresolved Issues/Creek VIew Crossing. ContInued) Mr. EmmerIch stated he wou1d not have a prob1em with that except the affected lot on the creek was the second lot he sold. He doubted the valldl ty of the claIm that the park access wllJ devalue Mr. WIndschltl's lot. as al I his Jots along the creek have sold for the same price. The genera I consensus of the Counc II also was that the current location of the park access does not affect Mr. WIndschlt1's property. In summary. the Counc I ) noted Item 1. park access, will remaIn as is; It em 2, cui de sac, w I I I be corrected to be totally on the Creek VIew CrossIng plat; and Item 3. trespass, Is being taken care of by Mr. Emmerich. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by McKelvey. the Counc I I vote In the affirmative Agenda Items: No. 15 - Resolution R119-91 - Amend Fee Schedule effectIve as soon as published No. 16 - Schedule September 12 for specIal meetIng with the ComprehensIve Plan Task Force No. 17 - Informational Item for FeaslbIJlty, IP91-21, storm sewer in SmIth's Green Acres No. 19 - ResolutIon R120-91 - Approve No Parking on 168th Lane, IP91-14 No. 20 - Reduction of Escrow to HIlls of Bunker 1st by $13,500. Motion carrIed on a 4-Yes. 1-Absent (Sml th) vote. COON CREEK WATERSHED ACTIVITIES CouncIlmember Jacobson advised Staff to be aware that the Coon Creek Watershed Board has authorIzed the hIrIng of someone to dig out the pond off Andover Boulevard In Old C010ny Estates and that possibly a mining perml t Is needed. Councilmember Jacobson also noted the Watershed Staff was directed to prepare a second budget plan that wou1d propose the Ditch 57 project as 106a. There was also a motion which was defeated to table the actIon untIl It was presented to the Andover CIty Councl]. Mayor Orttel reported some on the Watershed Board are anxious to have the ditch done In Andover. He and the City's representatIve have argued the project should be done as a 509 district-wide project financed on an ad valorem basIs. Coon Rapids Is opposed to that because they have already paid to have their portIon cleaned. .þ_,o.._ ReguJar City Council Meeting Minutes - August 6, 1991 Page 13 (Coon Creek Watershed ActivIties. Continued) The Mayor argued that Coon RapIds uses the dItch as more of a direct storm water channel than Andover. Typically Andover's Is used after going through several ponds. Andover Is more of a conduIt for water from the north to the south than I t Is a contributor. In additIon. there Is the problem of not beIng able to lower the dItch along the landfllJ area. He also told the Watershed Board that the City would have to raise all the objectIons It dId before If It came up agaIn under a 106a project. It was agreed the Council should be kept Informed as to what dIrectIon the Watershed Board Is taking. APPROVE FINAL PLAT/OLESEN'S 2ND ADDITION CouncIJmember Jacobson was concerned that their copy Is an "Unchecked Plat" and Is not signed by a surveyor. He questIoned whIch way Lot 4 faces. as It would not have enough frontage facIng 174th. Mayor Orttel noted Lot 4 has the orIginal farmstead on It and faces CoRd 58. CouncIlmember Jacobson stated the additIon of the dimensIons for Lot 1 do not add up. The setback on the cuJ de sac of Lot 2 Is not 300 feet. Mr. Schrantz stated Staff has stated the plat conforms to the prelImInary plat. The surveyor will sign the pJat prIor to the City signing it. MOTION by Perry, Seconded by Jacobson, the ResolutIon approving the fIna] pJat of Olesen 2nd AdditIon as being developed by Gene Olesen subject to the addItional review by the AssIstant City Engineer to determIne that all dImensions are correct and also subject to the six conditions as outlIned In the memo from Todd Haas. (See Resolution R121-91) MotIon carrIed on a 4-Yes. 1-Absent (Smith) vote. APPROVAL OF CLAIMS MOTION by Perry. Seconded by Jacobson. the Schedule of Bills dated 8-2-91 In the amount of $824.851.21. MotIon carried on a 4-Yes. 1-Absent (Smith) vote. MAYOR/COUNCIL INPUT Mr. Padula asked the CIty CouncIl to dIrect the Staff to send him wrItten confIrmation that no further legal action wI I I be taken against him until the Planning Commission hears the Issue and the City CouncIl takes some action. CounclJ agreed. MOTION by Perry, Seconded by McKelvey, to adjourn. MotIon carrIed on a 4-Yes. 1-Absent (SmIth) vote. 10:59 p.m. --.. - Regular CIty CouncIl MeetIng Minutes - August 6. 1991 Page 14 MOTION by Jacobson, Seconded by McKelvey. that we reconvene the meetIng for fIve minutes. Motion carried 4-Yes, 1-Absent (SmI th) vote. CHANGE ORDER NO. 4/FIRE STATIONS Bob Peach. Bond Coordinator, reviewed the proposed changes for the two new fire stations. recommending that Item No. 1 . the 8-lnch lettering be deJeted. Councl]member Jacobson was concerned that the amount of change orders amounts to 6 1/2 percent of the cost of the buJ Idlng, expressIng reluctance to approve any more changes. Mr. Peach noted the cost of the change orders Is smaller and smaller. As the BuJ ldIng Committee revIews the stations as they are being built, the varIous Items that need to be changed or added are noted. He expects thIs wi II contInue untIl the stations are completed. MOTION by McKelvey, Seconded by Jacobson, approval of Change Order No. 4 as presented. less Number 1 on the 8-Inch letters. for a total amount of $5.620. Motion carrIed unanimously. There being no further business. Mayor Orttel declared the meetIng adjourned at 11:08 p.m. Respectfully submItted. ~~v~ Ma eJla A. Peach Recording Secretary -~-". -