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HomeMy WebLinkAboutCC July 6, 1993 ~ CITY of ANDOVER Regular city Council Meeting - July 6, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items l. Barb Sykora (Congressman Grams' office) 2. Lot Split/14817 Round Lake Boulevard 3. Lot Split/135xx Poppy Street N.W. 4. Relocating structure/13Sxx Poppy street N.W. 5. Variances/Round Lake Boulevard 6. Variance/1487-161st Avenue N.W./T. Emmerich 7. variance/16289 Hanson Blvd./T. Emmerich 8. Emerald Glen Preliminary Plat 9. Receive Feasibility Report/93-l1/Emerald Glen 10. Quinn street/Red Oaks Traffic Discussion 1l. MUSA Discussion, Cont. 12. Animal Complaint/Dog Bite Staff, Committees, Commissions 13. Approve Agreement w/Anoka County/CDBG 14. Approve Lot Purchase/Commercial Park 15. Reappoint Tree Commissioner/David Parent 16. Oak Wilt Control plan & Budget 17. Set Date/Special Assessment policy Review 18. Appoint Park Commissioner Non-Discussion Items 19. Approve Cigarette License/Total Mart 20. Dog Kennel License Renewals 2l. Receive petition/Order Feasibility Study/93-13/Lots 2 & 3, Block 6, Andover Boundary Commission Plat #1 22. Receive Petition/Order Feasibility Study/93-12/Hills of Bunker Lake 5th & 6th 23. Approve Right of Entry/Bunker Lake Boulevard/91-28 24. Receive Petition/Order Feasibility Study/93-14jWoodland Pond 25. Approve Grading/Reduce Escrow/Pinewood Estates 26. Approve Grading/Reduce EscrowjWeybridge 2nd 27. Release Escrow/Kensington Estates 5th/90-3 28. Approve Final PlatjWinslow Hills 3rd Addition 29. Approve Temporary Extension of Vacation Limit/D. Almgren 30. Approve Lawful Gambling License/Andover Recreational Dev. Association 31. Approve Res. Approving Joint Powers Agreement/LRRWMO Mayor-Council Input Approval of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING - JULY 6, 1993 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · 1 BARB SYKORA OF CONGRESSMAN GRAMS' OFFICE · · · · · · · · · · · · 2 LOT SPLIT/14817 ROUND LAKE BOULEVARD Resolution R139-93 granting the lot split · · · · · · · · · · 2 LOT SPLIT/135XX POPPY STREET NW Resolution R140-93 granting the lot split · · · · · · · · · · 2 RELOCATING STRUCTURE/135XX POPPY STREET NW Motion to approve the relocation · · · · · · · · · · · · · · 2 VARIANCES/ROUND LAKE BOULEVARD · · · · · · · · · · · · · · · · 2 Resolution R14l-93 granting variances at 13611 Round Lake · 3 Resolution R142-93 granting variances at 13547 Round Lake · · 3 Resolution R143-93 granting variances at 3541 135th Lane · · 3 Resolution R144-93 denying variances at 13433 Round Lake · · 3 Resolution R145-93 denying variances 3559 l34th Avenue · · · 4 VARIANCE/1487 161ST AVENUE NW/T. EMMERICH Resolution R146-93 approving variance · · · · · · · · · · · · 4 VARIANCE/16289 HANSON BOULEVARD/T. EMMERICH . · · · · · · · · · 4 Resolution R147-93 approving variance · · · · · · · · · · · 5 EMERALD GLEN PRELIMINARY PLAT . · · · · · · · · · · · · · · · · · 5 Resolution R148-93 approving preliminary plat · · · · · · · · 6 FEASIBILITY REPORT/IP93-ll/EMERALD GLEN Resolution R149-93 accepting feasibility, ordering improvement 7 QUINN STREET/RED OAKS TRAFFIC DISCUSSION · · · · · · · · · · · · 7 Resolution R150-93 temporarily closing Quinn/Public Hearing on September 21, 1993 · · · · · · · · · · · · · · · · · 9 NON-DISCUSSION ITEMS Dog Kennel Licerrse Renewals (Rescue Saint Bernards, Dover Kennels · · · · · · · · · · · · · · · · · · · · · · · 10 Resolution R151-93 declaring adequacy of petition/IP93-13 · · 10 Resolution R152-93 accepting feasibility, ordering improvement/IP93-13 · · · · · · · · · · · · · · · · · · 10 Resolution R153-93 receiving petition/IP93-12 . . . · · · · · 10 Approve right of entry/Bunker Lake Boulevard/IP91-28 · · · · 10 Resolution R154-93 receiving petition/IP93-l4 · · · · · · · · 10 Approve grading/reduce escrow/Pinewood Estates · · · · · · · 10 Approve grading/reduce escrow/Weybridge 2nd . . . . . . . · · 10 Release escrow/Kensington Estates 5th/IP90-3 ...... · · 10 Resolution R155-93 approving final plat/Winslow Hills 3rd · · 10 Approve temporary extension of vacation limit/D Almgren . · · 10 Resolution R156-93 approving Joint Powers Agreement/LRRWMO · 10 MUSA DISCUSSION . · · · · · · · · · · · · · · · · · · · · · · 10 ANIMAL COMPLAINT/DOG BITE Resolution R157-93 declaring biting dog owned by L. Dunn · · 11 WEYBRIDGE 3RD DEVELOPMENT CONTRACT · · · · · · · · · · · · · · · 12 AGREEMENT WITH ANOKA COUNTY/CDBG Motion to approve agreement · · · · · · · · · · · · · · · · · 14 LOT PURCHASE/COMMERCIAL PARK Motion to enter into purchase agreement with "For Kids Only"/ Lot 3, Block 1, Andover Commercial Park · · · · · · · · · 14 RE-APPOINT TREE COMMISSIONER Motion to re-appoint Dave Parent · · · · · · · · · · · · · · 15 Regular Andover City Council Meeting - July 6, 1993 Table of Contents Page ii OAK WILT CONTROL PLAN AND BUDGET Motion to approve and forward to DNR · · · · · · · · · · · · 15 SET DATE/SPECIAL ASSESSMENT POLICY REVIEW (July 15) · · · · · · · 15 APPOINT PARK COMMISSIONER Motion to appoint Dave O'Toole · · · · · · · · · · · · · · 15 APPROVE LAWFUL GAMBLING LICENSE/ANDOVER RECREATIONAL DEVELOPMENT ASSOCIATION . . · · · · · · · · · · · · · · · · · · · · · · 15 MAYOR/COUNCIL INPUT League of Women Voters · · · · · · · · · · · · · · · · · · · 16 ACCAP purchase of lots · · · · · · · · · · · · · · · · · · · 16 School district plans · · · · · · · · · · · · · · · · · · · · 16 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 16 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · · 16 .--- -.. ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JULY 6, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on July 6, 1993, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Perry Councilmembers absent: Knight Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others RESIDENT FORUM Jerry Windschitl , Ashford Development - requested an agenda item be added regarding the Development Agreement for Weybridge 3rd Addition. The Council agreed to add the item as 12a, Weybridge 3rd Development Contract. Scott Froiqht, 14421 prairie Road, owner of Old As Gold Construction - stated his firm has been involved in delays in the Weybridge 3rd project resulting in problems for his company's financial security. He recommended that the City's policy be such that in the future any discrepancies be resolved before any bid advertising. The policy toward bid advertising, awarding and proceeding could be more stringent. Specifically he is now held up on Weybridge 3rd Addition. Perhaps a no- building permit document could be issued to get his team working on this job which he was awarded. AGENDA APPROVAL Council noted the addition of Item 12a, Weybridge 3rd Development Contract. MOTION by Perry, Seconded by Jacobson, the Agenda as amended. Motion carried on a 4-Yes, l-Absent (Knight) vote. APPROVAL OF MINUTES June 15, 1993: Correct as written. MOTION by Jacobson, Seconded by Perry, approval as written. Motion carried on a 4-Yes, I-Absent (Knight) vote. ~~ ~..¿¿ en-' $"/JjQ3 -- -- Regular Andover City Council Meeting Minutes - July 6, 1993 Page 2 BARB SYKORA OF CONGRESSMAN GRAMS' OFFICE Barb Svkora - introduced herself as a contact person, noting the Congressman is very interested in local government issues. There was a question on the funding for Highway 610. Because of the budget cuts, all projects in Minnesota have been cut back for one year. The A priority to do the 494/35W project to the south is not being done at all because of the expense. Highway 10 and 610 expansion is a B priority and is being worked on. The anticipated federal funding only came through at 85 percent. Total completion of Highway 10 is now expected for 1997. The 610 project from 252 to 169 has been approved, but is now expected to be completed in 1999 or the year 2000, depending on the funding. The last strip of 610 from 169 to 94 is not even in the 20- year plan, but she understands there are people working to get that approved. The Council had no other issues at this time but asked that when monies are available, they be put toward the Highway 10 project. LOT SPLIT/14817 ROUND LAKE BOULEVARD MOTION by Jacobson, Seconded by Perry, a Resolution granting the lot split request of Jim Knoll to create two parcels pursuant to Ordinance No. 40. (See Resolution R139-93) Motion carried on a 4-Yes, l-Absent (Knight) vote. LOT SPLIT / 135XX POPPY STREET NW MOTION by Perry, Seconded by Dalien, the Resolution granting the lot split request of the Anoka County Community Action Program (ACCAP) to create two parcels pursuant to Ordinance No. 40. (See Resolution R140- 93) DISCUSSION: Council questioned the legality since ACCAP does not own those parcels. Mr. Carlberg stated this is tax forfeit property and is controlled by Anoka County. There was a meeting with the City, ACCAP and the county on this issue, and the county has agreed to the lot split. Motion carried on a 4-Yes, l-Absent (Knight) vote. RELOCATING STRUCTURE/135XX POPPY STREET NW MOTION by Jacobson, Seconded by Perry, that the City Council approve the relocation of the structures to l35xx Poppy Street NW subject to all the provisions under Ordinance No. 4 of the City of Andover as to regulating of the moving of the buildings. Motion carried on a 4-Yes, I-Absent (Knight) vote. "ARIANCES/ROUND LAKE BOULEVlIRD Mr. Carlberg reviewed the variance requests for 13611 Round Lake Boulevard NW, noting the P & Z's recommendation for approval with the understanding that ACCAP, the county and the property owners would provide some screening or berming along Round Lake Boulevard. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 3 (Variances/Round Lake Boulevard, Continued) MOTION by Jacobson, Seconded by Dalien, the Resolution approving the variance request of the Anoka County Community Action Program to Ordinance No.8, Section 6.02 which requires a lot area of 11,400 square feet and to Ordinance No. 10, Section 9.06A1 which requires corner lots to be a minimum of 90 feet wide to allow for the construction of a home on the property located at 13611 Round Lake Boulevard. (See Resolution R141-93) Motion carried on a 4-Yes, l-Absent (Knight) vote. Mr. Carlberg reviewed the variance requests for 13547 Round Lake Boulevard NW. MOTION by Dalien, Seconded by perry, a Resolution approving the variance request of the ACCAP to Ordinance No.8, Section 6.02 which requires a lot area of 11,400 square feet and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of 90 feet wide to allow for the construction of a home on the property located at 13547 Round Lake Boulevard NW. (See Resolution R142-93) Motion carried on a 4-Yes, 1- Absent (Knight) vote. Mr. Carlber"g reviewed the variance requests for 3541 135th Lane NW. MOTION by Jacobson, Seconded by Perry, the Resolution approving the variance request of the ACCAP to Ordinance No.8, Section 6.02 which requires a 40-foot setback from a major arterial and a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9. 06Al which requires corner lots to be a minimum of 90 feet wide to allow for the construction of a home on the property located at 3541 135th Lane NW. (See Resolution R143-93) Motion carried on a 4-Yes, I-Absent (Knight) vote. Mr. Carlberg reviewed the variance requests for 13433 Round Lake Boulevard. The Council felt the variances were excessive in this case. MOTION by Jacobson, Seconded by Perry, to deny the variance requests of ACCAP for 13433 Round Lake Boulevard because the variances are too great for the lot in this particular area. (See Resolution R144-93) Motion carried on a 4-Yes, I-Absent (Knight) vote. Mr. Carlberg reviewed the variance requests for 3559 134th Avenue. A twin home exists on the parcel. If the Council chooses to deny the request, it becomes nonconforming and cannot be reconstructed unless it meets current City ordinances if damaged over 50 percent. No variance from the area requirements is needed because this parcel will be combined with the one to the north to create large back yards for the structure. Council noted the variance on lot width is almost half of what is required and was somewhat troubled by that amount. Steve Kline, ACCAP - stated the east side is now occupied by renters and the west side of the twin home is boarded up. If this remains a nonconforming use, it will be very difficult to find a buyer and obtain financing to purchase a nonconforming use. It is also very difficult to Regular Andover City Council Meeting Minutes - July 6, 1993 Page 4 (Variances/Round Lake Boulevard, Continued) remove that half of the house and have the remaining property functional. They are aware of the extent of the variance, and that is why they would be combining this parcel with the one to the north to compensate with larger rear yards. The double bungalow on the northern parcel will be removed. They intend to do some berming and screening along the Round Lake Boulevard side between the sidewalk and the house for aesthetics and safety. Mr. Kline stated it would be difficult or impossible for his agency to have a role in this project if it remains nonconforming. They anticipate spending between $40,000 and $50,000 on renovation of the property between the two units in rebuilding, roofing, landscaping, concrete driveway, etc. They have purchased the eastern half of the property and will work with the county in acquiring the western half. Once renovated, the units will be sold. They will not be rental units. They feel this is a reasonable solution. MOTION by Perry the Resolution approving the variance request of ACCAP Program as presented. Motion dies for lack of a Second. MOTION by Jacobson, Seconded by Dalien, the Resolution denying the variance request for 3559 l34th Avenue based on the fact that the variance request is basically one-half, practically 50 percent, of a city lot in width and is too great a variance. (See Resolution R145-93) Motion carried on a 3-Yes (McKelvey, Dalien, Jacobson), 1-No (Perry), 1- Absent (Knight) vote. VARIANCE/1487 161ST AVENUE NW/T. EMMERICH Tonv Emmerich, Emmerich Construction - stated they have approximately 33,000 square feet of contiguous buildable area. MOTION by Jacobson, Seconded by Perry, the Resolution approving the variance request of Tony Emmerich Construction, Inc., to Ordinance No. 10, Section 9.06A(3) which requires 39,000 square feet of contiguous land area to be buildable at 1487 161st Avenue NW as prepared with the addition that the variance should be no more than 12 percent reduction. (See Resolution R146-93) Motion carried on a 4-Yes, l-Absent (Knight) vote. VARIANCE/16289 HANSON BOULEVARD/T. EMMERICH Mr. Carlberg explained the Planning and Zoning commission felt there is enough buildable area outside of the easement to place the house. The variance would be from the 150' x 150' buildable area to preserve a large stand of trees. Technically the area is available, but it is located within a power line easement, and structures cannot be constructed within this area except for the septic system. It does meet the buildability for septic systems, but not for structures. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 5 (Variance/16289 Hanson Boulevard/T. Emmerich, Continued) Councilmember Jacobson felt a variance is not necessary, as the house can be constructed within the pad area outside of the easement and the septic system can be constructed wi thin the easement. Mr. Carlberg stated the Staff understanding is that the pad area must be buildable in total, but the structure cannot be located anywhere within this pad area because of the power line easement. MOTION by Perry, Seconded by Dalien, the Resolution approving the variance request of Tony Emmerich Construction, Inc., to Ordinance No. 10, Section 9.06A(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property at 16289 Hanson Boulevard NW., as presented. (See Resolution R147-93) Motion carried on a 4-Yes, l-Absent (Knight) vote. EMERALD GLEN PRELIMINARY PLAT Councilmember Jacobson stated it looks like a berm is constructed on the northern edge between Lots 12 and 13, Block 1 across the drainage area going to the south to Lots 8 and 9, Block 2. Mr. Davidson stated instead of a berm, it is actually a depression. Most of the water in that area runs north. As proposed, there will be no problem with the drainage. Discussion was on the eyebrow on the corner of 134th and Martin as it is a real problem for street maintenance. Mr. Haas stated the drawing in the Council packet shows no bubble, with the road being built 32' wide within a 60' right of way. Later in the meeting it was agreed to eliminate the eyebrow curve at Martin and 134th, that the developer construct a normal curve and the Council grant variances on the resulting two slightly substandard lots. From now on the City would not accept either eyebrows or bubbles nor grant variances to adjoining lots. Jerry Windschitl, Ashford Development - stated bubbles are allowed by City ordinance. He noted there are nine or ten of them that have been accepted, plus one accepted by the Council as recently as several weeks ago in the adjoining plats of Pheasant Meadows and Echo Woods. They have worked the bubbles out of their plats and the proposal before the Council meets Andover ordinances without variances. He asked to be treated like others. If bubbles are going to be disallowed, he asked that they be disallowed everyone, not just on his plats. When this item was discussed later in the meeting, he agreed to the Council's request to provide a normal curve and variances for the substandard lots. Mr. Windschitl - noted the other item is the regional pond located in this plat. That property is owned by Mr. Stanton, whose position is that he does not want to be the owner of the regional pond. Coon Rapids has $15,000 to purchase this pond. The proposal in the feasibility report is to pay Mr. Stanton $9,500 for the pond. There is also precedent to purchasing in fee, as that is what was done with the Oelson pond just east of this area. The lot sizes are in excess of ordinance requirements, so there is no reason to include the pond in the lots. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 6 (Emerald Glen Preliminary Plat, Continued) Mr. Windschitl also stated the pond is adequately sized to handle their water, but Coon Rapids has said they need 5.9 acre feet of water storage in that pond. It would not have that capacity as is, so some development may be needed on the pond. This pond is for regional purposes, not just for their development. They have already been assessed for all lateral and area charges. The trunk charge is for outlot purposes. He felt it is in everyone's interest to resolve the issue as reasonably as possible. Mayor McKelvey stated he was told by an engineer in Coon Rapids that they do not want the lot lines extended into the regional pond. Mr. Haas stated that is done all the time in Andover. Attorney Hawkins stated the area is needed to drain the plat, and an easement is needed for that drainage. The City's normal procedure is to run the lot lines to the middle and take an easement over it. Mayor McKelvey stated Coon Rapids has stated there is funding for this property for a regional pond, just like the one on the Oelson property. He thought Coon Rapids wants to treat this pond like the Oelson pond, that is Andover acquire the property and they reimburse the City for it. Because this is the preliminary plat stage and the City needs this area to drain, Attorney Hawkins recommended approval on the condition that the exception be purchased for a regional pond by Coon Rapids before the final plat. Otherwise, they will have to dedicate it for easement for drainage. That will give Mr. Stanton time between today and the filing of the final to get Coon Rapids to buy it. Mayor McKelvey stated he will talk to Coon Rapids about their acquiring the property. Mr. Haas stated Lots 8-16, Block 1, have floor elevations lower than the 100-year flood elevation. Either the drainage pipe has to be enlarged or the basement elevations have to be raised. Mr. Windschitl - stated their preference would be to have the pipe enlarged. Mr. Haas noted this plat is being treated the same as Kirby Estates where the park dedication was based on the entire parcel, including the outlot. He felt this plat should be treated the same. Mr. Windschitl - felt the City needs to talk with Mr. Stanton about this. If the property is being acquired prior to the plat, does it require park dedication? The City needs to make that determination. MOTION by Jacobson, Seconded by Dalien, the Resolution approving the preliminary plat of Emerald Glen as being developed by Ashford Development Corporation and Shamrock Development Corporation as presented with three changes: 1) At the request of the City Engineering Department and with the concurrence of the developer, that the drainage pipe which drains Block 1, Lots 16-8 be enlarged from the l2-inch pipe for the 100-year flood. 2) That the semi-eyebrow at Martin Street and l34th be reduced to a normal curve and that the City Council would at the time of the final plat grant a variance for Block 1, Lots 6 and 7 for frontage in order to make that curve a normal curve. 3) The exception for the drainage, the drainage easement be given over the exception piece at the time of the final plat unless the parcel has been purchased by Andover or Coon Rapids for a regional drainage pond. (See Resolution R148-93) Motion carried on a 4-Yes, I-Absent (Knight) vote. ,- - ~.~-----_. , - Regular Andover City Council Meeting Minutes - July 6, 1993 Page 7 RECEIVE FEASIBILITY REPORT/IP93-11/EMERALD GLEN Mr. Davidson stated the utilities are very standard, and there is no intent to assess for any storm sewer. All storm sewer would be provided as a credit, and the City would be reimbursed by the City of Coon Rapids for any lateral and trunk systems in this area. He discussed the regional pond with Coon Rapids and the design engineer from BRW. It was provided as an emergency backwater flow intended to operate in its present natural state. The design engineer had anticipated that at some point in time the wetlands to the east would have been filled. With the change in wetland laws, there is probably more capacity in this system that had been originally anticipated. They haven't run all the calculations on the pond, but the indications were that the natural state of the pond would have taken care of any back up to the lOG-year event. The only thing that would have to be added is what Mr. Stanton is mitigating now as a condition to filling some other wetlands. If additional storage is required, it is the responsibility of the developer in all other plats to provide it. Jerry Windschitl, Ashford Development - stated they have obtained all permits and satisfied the items Mr. Davidson has talked about. The Coon Creek Watershed Board has approved their plan. MOTION by Jacobson, Seconded by Perry, Resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of Project 93-11 for sanitary sewer, watermain, street and storm drain in Emerald Glen. (See Resolution R149-93) Motion carried on a 4-Yes, l-Absent (Knight) vote. QUINN STREET/RED OAKS TRAFFIC DISCUSSION Randy Kirshner. 13779 Ouinn - handed a petition to the Council with 60 names asking that Quinn Street be closed. He moved to Quinn Street three years ago, and there has been nothing but problems with the way cars use Quinn in an unsafe manner, that is too high a speed with no concern for other people's safety, not slowing down for children, the hitting and killing of homeowners' pets, and damage to mailboxes, yards and sprinklers. He talked to Mr. Haas, who felt the only way to resolve the situation is to construct 139th to Hanson Boulevard. He disagreed, feeling that will just enhance the traffic in that area. Shelia Freeman, Quinn Street - expressed disappointment on how this has been handled. They were supposed to get police patrol at a certain time; that never happened. They showed up at the slowest time possible. Their children are in danger, and they do not want to wait until someone has been killed. She asked that action be taken soon. As homeowners, things are not being done fast enough because their children are not safe. Mayor McKelvey stated certain steps had to be taken, which have now been done. The police were in the area on several occasions all different hours, including a special car called in from the county to sit in the area. Nobody was speeding through there at the time they were there. -~ -- Regular Andover City Council Meeting Minutes - July 6, 1993 Page 8 (Quinn Street/Red Oaks Traffic Discussion, Continued) Todd BerG, 138th Avenue - stated he is always in the garage and he never saw the police. The renters from the 140th area come down Quinn Street very fast. There is a new housing development behind there which also cuts down Quinn Street to Bunker Lake Boulevard. Nobody really obeys the stop sign that was put in. He bought his house because of the dead end at Quinn Street, and he felt it should return to the way it was. Mr. Haas stated he talked with Frank Stone of Public Works, and it was agreed to bring this before the Council prior to closing the road to be sure they understood what was being done so there would be no liability problems. Staff is recommending the formal public hearing be held on July 20, at which time the entire neighborhood would received written notification. Blaine had a similar situation where they closed the road for one year. After a year, a public hearing was held and they found that the traffic was simply pushed into other neighborhoods. Mr. BerG - stated the traffic would go back to the way it was two years ago. There were fire calls and the response was from 139th Avenue, not down Bunker Lake and up Quinn. Mr. Haas stated it was part of the planning process to extend Quinn at some point to move traffic in and out as quickly and safely as possible. The problem is with the Sheriff's Department and rescue vehicles responding to emergencies. Carol McClaine, 3110 138th Avenue - is opposed to the closing. It is a public street and the public should have access to it. It is an inconvenience for residents to have to go around. She would have to go an extra mile every time if Quinn is closed. Closing Quinn only shifts the problem from one street to another. Cars are not going to stop speeding. There's also a lot of traffic on Crosstown Boulevard, which will create difficulty getting out at 139th. There is also ambulance and school buses to consider. She suggested a stop sign at the intersection of 138th and both ways on Quinn, which would slow down traffic somewhat. She also suggested the speed be reduced to 15 mph through the children at play area; then have the police patrol more. Mayor McKelvey explained the City cannot set the speed limits. Andv McLish, 2041 138th Avenue - moved there because it was a quiet street; but since that new development went in and road was extended, there has been a lot. more traffic not only on Quinn but coming down Nightengale. They speed down Nightengale, attempting to make a 90 degree corner. In one instance a car load of boys went up a driveway, knocking the garage and part of the house off the foundation. They put in stops signs, painted lines, put in children playing signs -- nothing has worked. It is a convenience to use Quinn, but there doesn't seem to be any patrol and the traffic is very fast. The whole design of that street is a hazard. Most of the traffic used to go out 139th, which is one of the original streets that handled the traffic. It is wider, doesn't appear to have as many turns, and right now doesn't appear to have as many young children that play along there. The people who purchased there knew it was a high traffic area. He recommended going back to the old way, closing Quinn where it was closed and shift the problem to 139th and the other streets that connect with Crosstown Boulevard. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 9 (Quinn Street/Red Oaks Traffic Discussion, Continued) Glen Olson, Ouinn Street - asked to have his name added to the petition for the closing of Quinn Street. He felt the traffic is speeding too readily and it is a very dangerous street. Because of the design, Quinn Street becomes a drag street in the straight area. Mark Svare, 13858 Ouinn Street - stated Quinn Street is a drag strip. He agrees with the closing of the road, but regrets passing the problems to other neighbors on other streets. He does not have a proposal tonight but hopefully will have something to present at the time of the public hearing. He suggested that stop signs be placed at 138th and Quinn and also at l37th and Quinn. He also suggested Quinn be turned into a one- way street to the north from Bunker Lake to l39th. It would eliminate the high traffic down the straight away of Quinn to the curve and would ease the congestion on Bunker Lake in the evening. Morning traffic is not too congested, so rerou ting it to 139th, 140th, l41st, 142nd and Partridge would allow easy access to Crosstown and Bunker Lake Boulevards. Mr. Svare stated there is a lot of reckless driving, failing to stop at 139th and Quinn and driving in excess of 50 and 60 mph. Jim Merit. 13808 Ouinn Street - has lived there for about ten years. He is in favor of closing it; it is a drag strip. Cars are tearing down the street at all hours. He'd rather see his tax dollars spent elsewhere than patrolling for speeders on Quinn Street. Mayor McKelvey stated a consideration is if Quinn Street is closed, are the owners of the two end homes willing to give up some of their front yards for the turnaround needed for snow plowing. Mr. Kirschner - stated yes. He will have the owners contact the City. The Council discussed possible options. Mayor McKelvey stated the Street Department had a concern with closing the road because the traffic count indicated over 1,000 cars per day. It was then agreed to install signs indicating a specific closing date for the road, then temporarily close the road for a period of time, after which a public hearing will be held with all residents invited to determine how it is working out and whether or not the closing should become permanent. MOTION by Perry, Seconded by Dalien, the Resolution for temporary street closure between Quinn Street NW between 137th Lane NW and 138th Avenue NW, with the following changes: The second WHEREAS, a public hearing meeting will be conducted on September 21, 1993, to discuss the traffic issue.. . (See Resolution R150-93) DISCUSSION: Councilmember Perry hoped the signs could be posted this week, with the barricades put up next week. She stated she is willing to go with a temporary barricade, but she personally didn't think it will be the solution. She recommended the Sheriff's Department be contacted again to ticket the violators. It offends her that people are allowed to continually break the law, and she doesn't accept the fact that nothing can be done about it. It has been an on-going problem, and she felt that the offenders need to be identified and to advise them that simply closing one street does not allow them to move to another street and continue. Motion carried on a 4-Yes, 1-Absent (Knight) vote. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 10 . NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, in the affirmative on tonight's agenda Items: 20. Dog Kennel License Renewals (Rescue Saint Bernards, Dover Kennels) 21. Receive Petition/Order Feasibility Study/IP93-13/Lots 2 and Block 6, Andover Boundary Commission plat #1 (See Resolutions R151-93 and R152-93) 22. Receive Petition/Order Feasibility Study/IP93-12/Hills of Bunker Lake 5th and 6th (See Resolution R153-93) 23. Approve Right of Entry/Bunker Lake Boulevard/IP91-28 24. Receive Petition/Order Feasibility Study/IP93-14/Woodland Pond (See Resolution R154-93) 25. Approve Grading/Reduce Escrow/Pinewood Estates 26. Approve Grading/Reduce Escrow/Weybridge 2nd 27. Release Escrow/Kensington Estates 5th/IP90-3 28. Approve Final Plat/Winslow Hills 3rd Addition (See Resolution R155-93) 29. Approve Temporary Extension of Vacation Limit/D. Almgren, as presented 31. Approve Joint Powers Agreement/Lower Rum River Watershed Management Organization (See Resolution R156-93) Motion carried on a 4-Yes, l-Absent (Knight) vote. MOTION by Perry, Seconded by Dalien, Item 19, approve Cigarette License/Total Mart. Motion carried on a 3-Yes (McKelvey, Dalien, Perry) , l-No (Jacobson) , l-Absent (Knight) vote. MUSA DISCUSSION CONTINUED It was the general consensus of the Council that any expansion of the Metropolitan Urban Service Area should be for in-fill of those parcels south of Andover Boulevard, east of Hanson Boulevard where most of the trunk line has already been installed. This is consistent with what the Comprehensive Plan Task Force was trying to do, that is the orderly in- fill and development of the City. The Council directed staff to prepare an amendment to the Comprehensive Plan for approximately 200-acre MUSA expansion to include the following parcels: Tony Emmerich property north of Bunker Lake Boulevard and east of the railroad tracks, approximately 60 buildable acres; Jerry Windschitl property south of Andover Boulevard and east of the railroad tracks, approximately 80 buildable acres; Ron Smith property south of Andover Boulevard and east of Hanson Boulevard, approximately 38 buildable acres; and the Menth and Trettle properties both north and south of Andover Boulevard and east of Hanson Boulevard, approximately 30 buildable acres. Mr. Emmerich, Mr. Windschitl and Mr. Smith indicated they own the property that is being requested for inclusion in the MUSA. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 11 (MUSA Discussion, Continued) Mr. Carlberg explained that the request of Rosella Sonsteby to include an 8-acre parcel in the MUSA on the west end of the City can probably be included in the 100-acre MUSA expansion the City received several weeks ago. The remainder of her property would be served by the CAB Interceptor. Mayor McKelvey noted the Mayor of Anoka has indicated they will have room in their system to serve that corner of Andover once they extend their sewer line to that area of their City. Mayor McKelvey reported one week from tomorrow the Metropolitan Council will be taking a bus tour through the northern suburbs which is being sponsored by the North Metro Mayors' Association. He will be giving the presentation as they go through Andover. Mr. Carlberg stated he will contact those property owners, asking them to submit the exact buildable acreages, and he will prepare a Major Amendment to the Comprehensive Plan. Council agreed. ANIMAL COMPLAINT/DOG BITE Ella Ackerman, 2331 139th Avenue - stated the incident involved her daughter and her friend. If the dog owned by Lyle Dunn is allowed to stay in the City, she asked if it will be required to be kept so it doesn't run. The invisible fence they have obviously doesn't work. The two girls must go past the Dunn residence to see each other, so she hoped that this can be resolved. At this point her daughter is afraid to go past this house because of the dog. She asked about the consequences. Mayor McKelvey explained that once it is declared a biting dog, if there is another incident, the dog will have to be removed from the City or disposed. Laurie Patnode - stated her mother's dog was attacked by the Dunn dog while the two girls were walking it on a leash. This big dog came running up to them and took their dog out of her daughter's arms. She was leary about the invisible fence and how they work. She did note that the Dunns paid her mother to have her mother's dog put to sleep, for the medical bills and to purchase a new dog. She would like to be able to tell her daughter exactly what will happen to the Dunn dog. Does the City require them to have special insurance? Attorney Hawkins stated the homeowner's insurance covers that liability. Council explained the dog is not supposed to be off the property without a leash and must also be licensed, and they reviewed the ordinance requirements. The ordinance requires one more incident before the dog can be removed from the City. MOTION by perry, Seconded by Jacobson, the Resolution declaring a black dog owned by Lyle Dunn, 2261 l39th Avenue NW as a "biting dog", as presented. (See Resolution R157-93) Motion carried on a 4- Yes, 1- Absent (Knight) vote. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 12 WEYBRIDGE 3RD DEVELOPMENT CONTRACT Jerrv Windschitl, Ashford Development - explained when the final plat for Weybridge 3rd was approved on May 4, 1993, a number of conditions were set, which he has satisfied; and he is willing to sign the contract based upon the proposed cost for Weybridge 3rd in effect at the time of approval. He was informed on Friday by Mr. Sulander that unless he signs the Development Contract which would include the assessment for $0.04/square foot for the storm sewer project for Xeon Street, he cannot proceed with his plat. Those costs are included in a page added to the feasibility for storm drainage dated June 1, 1993, and he felt that is inappropriate. His property was not included in the original feasibility. To him this appears to be an attempt to force him to agree to the charge, violating his rights to an appeal, or his project will not proceed. The project has not even been awarded, but he would have no right to argue the validity of the assessments. He went on to review the costs paid for storm drainage for Weybridge 3rd and the amounts paid by both Creekview Crossing and Old Colony Estates. Attorney Hawkins stated if the City accepts the Development Contract without the area storm drainage charge, there's a possibility of litigation with Mr. Windschitl on an assessment appeal for storm water, which the City has done before. The Staff and consultants are saying if there is a dispute, he can challenge the assessment; but the City is not going to approve the plat and get involved in litigation over an - improvement that is being put in at the request of the developer and financed by the City. He met with Mr. Davidson, Mr. Sulander, and Mr. Haas; and he is drafting a letter to Mr. Nash that the City feels the $0.04/square foot is a justifiable charge within that drainage district. Mr. Davidson stated part of Creekview Crossing is in the project area and was assessed $0.04/square foot. The remainder of Creekview Crossing is outside of this drainage district. Mr. Windschitl - argued if Creekview Crossing wasn't in the project area, he can't be in it because he is an extension of that development. All of his water goes through Creekview Crossing. He paid for the trunk oversizing in Creekview Crossing for his water, and all of the water drains into Lake Andover. Councilmember Perry understood the Council has accepted the recommendations of the experts to charge an area storm sewer assessment for all land within the district. Mr. Windschitl - stated the Council has not adopted such a policy, recalling that it was unanimously denied by a previous Council. Attorney Hawkins disagreed, that the Assessment Policy states storm drainage trunks are done on an area basis. Mr. Windschitl's property does fall within the subwater drainage district, and that is why he is being assessed on an acreage basis. Mr. Windschitl - stated in order to do that, the Council would have had to adopt it. This drainage district does not exist. Mr. Davidson stated it was adopted at the time of the hearing process for the Xeon Street project. There were areas defined and assessed in 1987, with the district now updated for assessment in 1993. That policy was also used in Creekview Crossing and Old Colony Estates for those area which were tributary to that system. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 13 (Weybridge 3rd Development Contract, Continued) Mr. Winds chi tl - stated that simply is not a correct statement. He stated the City's own records don't support what is being said by the consultants. Mr. Nash, Attornev representinq Mr. Windschitl - stated some records are in dispute. The feasibility prepared by the City engineer and accepted by the Council in February, 1992, did not disclose this charge. It was only after that report was received and accepted, after the final plat approval, after the advertising for bids, that this finally came up. The City cannot simply add on charges at the end. Mr. Nash stated there is no policy adopted by the City, and he found no discussion about adopting a drainage area in the IP87-11 project. He stated Creekview Crossing and Old Colony did not pay that $O.04/square foot, and neither did the properties to the east that came out of IP87-11. They are asking to be treated equal to other properties in the area. If there is to be a charge, put it in the feasibility so they can deal with it, not add $36,000 to the project at a meeting of which they were not notified. He asked if the City knows the total acres and total cost of the project. Mr. Davidson provided the background for the development of Weybridge 1st, 2nd and 3rd and the storm water projects of IP87-11 and Xeon Street. The area now in question was provided an outlet at Andover Boulevard at Mr. Windschitl's request, and he related how that storm drainage system works. It is a part of a total system. The storm sewer costs for Xeon Street of about $200,000 exceeds what can be assessed now, but the balance will be picked up when additional property in the watershed develops. Ultima~ely there will be more money than the project costs, but the funds will be used for other things within the watershed. He stated the original feasibility for Weybridge 3rd did not include the area charge for storm sewer due to an oversight on his part. Mayor McKelvey determined that Oak Bluff 2nd was assessed $0.08/square foot per the agreement for the payment of the storm water in Oak Bluff 1st. But that portion paid for Oak Bluff 1st was used for the Bluebird Street subwatershed, not the Xeon Street district in which it is located. The assessment to Winslow Hills 1st was also spent on Bluebird. He felt if those two subdivisions had their assessments used in the Xeon area, it would have paid for over half of the project, reducing the total project cost. Mr. Davidson said the cost of the Bluebird Street project was equally as expensive as the one which will go down Xeon Street. This is a part of the overall system which has two branches, one down Bluebird and one down Xeon. They are trying to balance the cost of the improvements, relating those costs to the benefitting areas. Winslow Holasek, 1159 Andover Boulevard - agrees with paying for the pipe down Xeon Street. But when calculating the benefitting acres into the cost of the project, it is three times less than the proposed $0.04/square foot, which is what they object to. The $63,000 they paid for Winslow Hills 1st was used for the Bluebird Street storm sewer when not one drop of water from that Addition went into that system. That is fair. He was told by legal counsel that the City cannot assess today for benefits in the future. Mr. Davidson stated that part of the project was for the trunk to his pond down 150th Street. It was all one contract. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 14 (Weybridge 3rd Development Contract, Continued) There was considerably more discussion on this item. Mr. Windschitl requested a vote of the Council regarding the Development Contract for Weybridge 3rd, as there is a potential for immense damages on this project. Councilmembers Jacobson, Dalien and Perry supported the recommendation of the consultants to include the storm sewer assessment in the Development Contract for Weybridge 3rd Addition. Mayor MCKelvey stated there have been some mistakes made, which he is not happy about. A policy has not been approved adopting the square-foot storm sewer area assessment. He is not in favor of the $0.04/square foot assessment, was not aware of it being in a Resolution that was voted on by the Council, and was not sure that is the correct figure. Mr. Davidson stated the assessment is separate from ordering the project and is a part of the assessment hearing process. The $0.04/square foot was used because that is precisely what was assessed to all the other subdivisions. Attorney Hawkins again noted the recommended position is that the City will not put in improvements and finance them at the request of the developer just to have the developer turn around and litigate the assessments. No Council action was taken. APPROVE AGREEMENT WITH ANOKA COUNTY/CDBG MOTION by Jacobson, Seconded by Perry, the agreement with Anoka County CDBG funds as presented. Motion carried on a 4-Yes, I-Absent (Knight) vote. APPROVE LOT PURCHASE/COMMERCIAL PARK MOTION by Perry, Seconded by Jacobson, that we accept the recommendation of the Andover Economic Development Committee and enter into a purchase agreement with "For Kids Only" for the property described as Lot 3, Block 1 in the Andover Commercial Park at a price of $0.55 a square foot with connection and related fees not to exceed $7,298; and the Council authorize the following review by the City Attorney. DISCUSSION: Council discussed the fixed connection and related fees, noting it is based on 1993 rates. It was recognized that the firm does not intend to complete its building until July, 1994, but they did not want to hold the fees at the fixed costs for an indefinite period of time. Attorney Hawkins also advised that because there has been a negotiated closing date beyond the normal 60 days, that a larger amount of earnest money should be required. Councilmember Perry ADDED TO MOTION that there be a sunset clause as to the construction; if it does not commence by December 31, 1994, then the connection and related fees shall be the rate at that time. Second stands. Motion carried on a 4-Yes, l-Absent (Knight) vote. Regular Andover City Council Meeting Minutes - July 6, 1993 Page 15 RE-APPOINT TREE COMMISSIONER/DAVE PARENT MOTION by Jacobson, Seconded by Dalien, to re-appoint Dave Parent to the Andover Tree Commission, term to expire on December 31, 1994. Motion carried on a 4-Yes, I-Absent (Knight) vote. OAK WILT CONTROL PLAN AND BUDGET Mr. Carlberg reviewed the 1993 budget and Oak Wilt Control Plan. The budget consists of $10,000 budgeted for contractual services, $5,000 in- kind services, $10,000 from the homeowners, and $20,000 in matching grant funds. He asked for Council approval of the Oak Wilt Control plan and DNR Grant Application and that it be submitted to the DNR. MOTION by Dalien, Seconded by Perry, to so move. Motion carried on a 4- Yes, l-Absent (Knight) vote. SET DATE/SPECIAL ASSESSMENT POLICY REVIEW The Council agreed to meet on Thursday, July 15, 7:00 p.m. to discuss the Special Assessment policies and Procedures Guide. APPOINT PARK COMMISSIONER MOTION by Jacobson, Seconded by Perry, that the City Council appoint Mr. Tom Johnson to the Park and Recreation Commission for a term which would expire on December 31, 1993. DISCUSSION: Mayor McKelvey felt that Mr. O'Toole had excellent qualifications, working with the Andover Athletic Association, the scheduling of the park usage, plus a lot of volunteer work in the parks. Councilmembers Perry and Jacobson WITHDREW the Second and the Motion. MOTION by Jacobson, Seconded by perry, that the City Council appoint Mr. David O'Toole to the Park and Recreation Commission for a term which would expire on December 31, 1993. Motion carried on a 4-Yes, l-Absent (Knight) vote. APPROVE LAWFUL GAMBLING LICENSE/ANDOVER RECREATIONAL DEVELOPMENT ASSOCIATION Council noted unless it wishes to lodge a complaint, no action is needed. No action was taken by the Council. ~ - - ·__·_____0_ Regular Andover City Council Meeting Minutes - July 6, 1993 Page 16 MAYOR/COUNCIL INPUT League of Women Voters - Councilmember Perry stated the League of Women Voters would like to use the City Council chambers to present a video and report on the Metropolitan Mosquito Control District that was prepared by an Andover student. The Council saw no problem with it, suggesting she coordinate it with Staff. ACCAP Purchase of Lots - Mr. Carlberg stated Mr. Kline of ACCAP asked to be sure the Council still agrees to transfer title of property from the City to ACCAP for the various projects along Round Lake Boulevard. It has to be done through the HRA. Council agreed. School District Plans - Mayor McKelvey stated School District 11 is expecting to run a referendum in September for the construction of new schools. There is a meeting tomorrow morning regarding the proposal that they acquire about 40 acres north of City Hall to be given to the City for park purposes in exchange for the City-owned property south of City Hall. The school district is also willing to pick up the City's cost for the grading plan which was incurred south of the City Hall. Councilmember Jacobson felt that the values of the two parcels may be unequal, that the property to the south is more valuable than that to the north. Therefore, an acre-for-acre exchange may not be equitable. He just wanted the transaction to be fair for both sides. Councilmember Dalien suggested some additional cash to the City besides the land. Councilmember Perry stated if the City recoups the money they have in the property, why charge another governmental body more. No Council action was taken. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Dalien, approval of the Schedule of Bills dated 7-2-93 in the amount of $167,237.25. Motion carried on a 4-Yes, l-Absent (Knight) vote. MOTION by Perry to adjourn. Motion carried on a 4-Yes, 1-Absent (Knight) vote. The meeting was adjourned at 11:42 p.m. Respectfully ~ L ~~ êW-/ Mar 1 A. Peach Recording Secretary h __