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HomeMy WebLinkAboutCC September 21, 1993 ~ CITY of ANDOVER Regular City Council Meeting - september 21, 1993 Call to order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/Quinn Street 2. Special Use Permit/2134 Bunker Lake Blvd/Auto Repair Garage Staff, Committees, Commissions 3. Approve Street Specification Change 4 . Schedule Joint Junkyaró Task Force-City Council Meeting Non-Discussion Items 5. Declare cost/Order Assessment Roll/Quinn street/93-19 6. Declare Cost/Order Assessment Roll/3737-143rd Ave/93-15 7. Declare cost/Order Assessment Roll/1805 Andover B1vd./92-30 8. Adopt Assessment Ro11/92-10/Pheasant Meadows 9. Adopt Assessment Roll/92-4¡Winslow Hills 2nd 10. Approve Change order/93--6¡Watermain II. Approve Hold Harmless Agreement¡winslow Hills 3rd 12. Approve Change Orders #1 & #2/92-24/Andover Blvd. 13. Receive August Financial statements 14. Approve Access Agreement/Anoka County 15. Approve Assessment Agreement¡Windschitl/Section 23 16. Approve Change Order #1/93-5¡winslow Hills 3rd 17. Adopt Resolution Appointing LRRWMO Member 18, Approve Corporate MasterCard Business Card Application Mayor-Council Input Approval of Claims Adjournment - -- - - ~- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 21, 1993 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · 1 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING/QUINN STREET . · · · · · " · · · · · · · · · · · 2 Motion to open Quinn and establish neighborhood group · · · 9 SPECIAL USE PERMIT/2134 BUNKER LAKE BOULEVARD/AUTO REPAIR GARAGE Motion to approve (later withdrawn) · · · · · · · · · · · · 9 Motion to table for further information · · · · · · · · · · 10 STREET SPECIFICATION CHANGE Motion to table · · · · · · · · · · · · · · · · · · · · · · 10 JOINT JUNKYARD TASK FORCE/CITY COUNCIL MEETING (Oct. 27) · · · · 10 NON-DISCUSSION ITEMS Resolution R2l7-93 declaring cost/order assessment/Quinn Street/IP93-l9 · · · · · · · · · · · · · · · · · · · · 11 Resolution R218-93 declaring cost/order assessment/3737 l43rd Avenue/IP93-l5 · · · · · · · · · · · · · · · · · · · · 11 Resolution R219-93 declaring cost/order assessment/1805 Andover/IP92-30 · · · · · · · · · · · · · · · · · · · · 11 Resolution R220-93 adopting. assessment roll/IP92-10/Pheasant Meadows · · · · · · · · · · · · · · · · · · · · · · · · 11 Resolution R221-93 adopting assessment roll/IP92-4/Winslow Hills 2nd . · · · · · · · · · · · · · · · · · · · · · · 11 Resolution R222-93 approving change order/93-6/Watermain . · 11 Approve hold harmless agreement/Winslow Hills 3rd · · · · · 11 Resolution R223-93 approving change orders/92-24/Andover Blvd 11 Receive August financial statements · · · · · · · · · · · · 11 Approve Access Agreement/Anoka County · · · · · · · · · · · 11 Resolution R224-93 appointing T. Haas to LRRWMO · · · · · · 11 Releasing Letter of Credit/Winslow Hills/IP87-32 · · · · · · 11 Reducing Letter of Credit/Woodland Creek/IP87-27 · · · · · · 11 ASSESSMENT AGREEMENT/WINDSCHITL/SECTION 23 AND CHANGE ORDER #1/IP93-5/WINSLOW HILLS 3RD Resolution R225-93 approving change order and approving Assessment Agreement · · · · · · · · · · · · · · · · · 11 CORPORATE MASTERCARD BUSINESS CARD APPLICATION Resolution R226-93 to approve · · · · · · · · · · · · · · · 11 MAYOR/COUNCIL INPUT Pumping of Cedar Crest Pond · · · · · · · · · · · · · · · · 12 Violations on M. R. Olson Property . · · · · · · · · · · · · 12 Engineering Firms · · · · · · · · · · · · · · · · · · · · · 12 Personnel Committee Meeting · · · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 12 '- - - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 21, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on September 21, 1993, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Finance Director, Daryl Sulander Others RESIDENT FORUM Paul Henqemuhle, 2494 134th Avenue NW - has a problem with speeding on their street. He asked what can be done about it. He called the Sheriff's Department this spring, and they sat on the street for a short time; but that is all that was done. He cited incidents of near accidents and expressed concern for the safety of the children in their area. Mr. Haas stated the speed limit is automatically 30 mph by State law, and it cannot be reduced. Mayor McKelvey stated he will ask the Sheriff's Department to spend some extra time in that vicinity. Mr. Henqemuhle - noted several incidents of break-ins and theft. He's been told they cannot get more police protection because they don't have the manpower to do it. He asked when the City will get another squad and greater police protection. Mayor McKelvey explained that cannot be done without raising taxes. The issue of police protection is being studied, and he hoped some improvements can be made in the near future. Mr. Henqemuhle - asked about the water quality in Andover and when another well will be constructed. Mayor McKelvey explained the fourth well and pumphouse have just been completed. By mixing the water from all wells, the radium level is well within EPA guidelines. Mr. Henqemuhle - asked about redoing the streets. Mayor McKelvey explained the City is in the process of developing a program for seal coating the streets on a rotating basis of approximately every five years. AGENDA APPROVAL Add Items 19, Release Letter of Credit/Winslow Hills/IP87-32; and 20, Reduce Letter of Credit/Woodland Creek/IP87-27. MOTION by Perry, Seconded by Dalien, to approve the amended Agenda. Motion carried unanimously. ~ ~ ov.>-~g <h-. (O/)/~3 - -. Regular Andover City Council Meeting Minutes - September 21, 1993 Page 2 APPROVAL OF MINUTES September 7, 1993: Correct as written. MOTION by Knight, Seconded by Jacobson, approval as written. Motion carried unanimously. PUBLIC HEARING/QUINN STREET Mayor McKelvey gave a brief background of events leading to the Council decision to temporarily barricade Quinn Street just north of 138th Avenue for the protection of the children and other people in the neighborhoods. He then opened the hearing for public testimony. Glen Kirschman, 13779 Ouinn Street NW - stated it has been very quiet since the street was barricaded except for those people who drove around the barricade and for the rude attitude of the people having to turn around. He felt this item should be a matter of what is safe. He asked if other alternatives to closing the road have been considered. Mayor McKelvey stated the decision on opening the road or closing it permanently will be made this evening. Susan Cturtnik, 13958 Niqhtenqale - felt the solution is to install more stop signs to slow the people down, or put in speed bumps. Mayor McKelvey noted those in traffic control have stated stop signs do not help control the speed of traffic. Tom Crotteau, 13950 Uplander Street NW - is in favor of keeping the street open. He cited incidents of children playing in the streets or darting into the streets without looking, emphasizing the streets are not to be used as a playground. He felt the need is to look at the problem of the children in the streets, not just close the street down. Stan Wvde11a , 13865 Osaqe Street NW - is in favor of keeping the street open. He acknowledged there is a problem and something has to be done, but by closing Quinn a hazard is being created on 139th Avenue by the Fire Station. He wasn't sure of the solution but knew it wasn't closing down a street because of speeders. The problem of speeders and children in the streets is allover, not just on Quinn. Dan Chartrau, 13865 Osaqe Street NW - is in favor of the road being opened. He's concerned with providing access for emergency vehicles, and closing off Quinn may create a longer response time. He wasn't sure which alternatives have been explored by the City -- stop signs, speed bumps, closing at Bunker lake Boulevard instead of 139th. Are there any plans to try these other options? Mayor MCKelvey stated one of the main options is the possibility of extending 139th to the east to Hanson Boulevard, but that won't be known until next spring. A number of things were done before closing Quinn including a speed study. Both the Council and the Public Works Department investigated the problem and had the lines repainted on the street, plus the Sheriff's Department sat on the street. ---- --- Regular Andover City Council Meeting Minutes - September 21, 1993 Page 3 (Public Hearing/Quinn Street, Continued) Mr. Chartrau - never saw the option of temporary stop signs tried. He also noted the problem of children playing in the street, stating he has had to come to a complete stop a few times as they came out of their driveways. He'd like to see temporary stop signs or temporary speed bumps just to slow down the traffic, feeling the other options weren't exercised enough before closing the street. The Council explained the thought was to temporarily close the street, then hold a public hearing for resident input before deciding to make it permanent. Mr. Chartrau - questioned the procedure of not holding a public hearing before closing the street, that the item should have been brought to the attention of the residents before if got this far. Marv Sutherland, 13909 Niqhtinqale Street - is in favor of keeping Quinn Street open. She related problems with the barricade at the end of 139th, of people driving through her yard to get around it, of accidents by those speeding down Nightingale Street, of people who do not stop at the stop signs, etc. She stated there is speeding in that whole development, and they teach their children to play in the back yard. She also felt that opening l39th will only create greater problems of speeding down that street and no stopping when required. Barricading Quinn Street is not the answer. It just pushes the traffic some where else. People get upset because they now lose 10 minutes having to go the extra 1.7 miles all the way around. Council expressed surprise at the large amount of traffic going through that development. It was found the majority of traffic after the barricade was installed shifted from Quinn Street to 139th Avenue. GeorqAnn Thompson. 2122 139th Lane NW - felt it was unconscionable of the Council not to hold a public hearing before closing the street. There is an enormous number of small children who are unsupervised. They should be taught to stay in their yards, not play in the street. Now they have been given a false sense of security, as she has noted more children in the street without a parent watching them. She also felt the parents need to teach their teens how to drive. As a parent, she has a moral obligation to keep her own children safe and not to totally depend on the City to keep them safe. Susie Anderson, 13762 Partridqe Street NW - also pointed out there are many young children playing in the road that should not be there. They come down Quinn off the hill and skate board over the barricades, through the intersection and into the neighborhood. They now have a false sense of security. Children do not belong in the street. Mark Winczewski, 13909 Ouinn Street - witnessed cars racing up and down the street. He asked for a four-way stop sign and was told no because of the visibility. But closing the road is not the answer, and he favors keeping the road open. _.~-- - Regular Andover City Council Meeting Minutes - September 21, 1993 Page 4 (Public Hearing/Quinn Street, Continued) Sharon Harten, 13819 Niqhtinqale Street NW - stated the traffic has lessened with the closing of Quinn, but she would still like to see the road open and have access to Bunker Lake Boulevard. The street has many curves and no street lights, but 139th at the Fire Station is the worst road in the world to access Crosstown Boulevard. The bus company was very upset about the closing and are concerned about the traffic at the intersection of 139th and Crosstown. She asked that the City try stop signs to control traffic, not just close the road arbitrarily. That has created a division in those neighborhoods. She's waited seven years for the road to open to Bunker Lake Boulevard, but now the people living on that street want it closed. Ms. Harten was also in favor of raising taxes to hire another Deputy, especially to deal with the teenage gangs. She suggested the parents teach their children to play in the yards and to ride bikes and skateboards safely. When will the decision on the road be made? Mayor McKelvey thought it would be made this evening. Mike Niznick, 14007 Ouinn Street NW - is in favor of opening the road. with only three accesses in that development, closing Quinn means closing one-third of the accesses. That only shifts the traffic to the other two accesses. The area is growing rapidly, and he felt more accesses are needed for their area. David Harten, 13819 Niqhtenqale - was concerned about the response of emergency vehicles if Quinn is closed, as split seconds can make a difference. He empathized with those on 139th and Quinn, but the problem is just being shifted to another location. He suggested 3 stop signs at Quinn and 137th, 3 at Quinn and 138th and 3 at Nightengale and 139th. John Varholdt, 13859 Ouinn Street NW - is in favor of opening the road. He was shocked to find out it was closed in the first place. He's lived there since 1980 and there has always been problems with kids in the neighborhood. He felt more law enforcement is needed on the streets of Andover and is in favor of having another squad car in the City. He also related the serious problem at the intersection of 139th and Crosstown Boulevard because it is a blind curve and because of the heavy traffic on Crosstown. He suggested keeping the children in the yards, installing more stop signs, and more law enforcement. Dan Howe, 2140 138th Avenue NW - asked for the final count on the original petition. Mayor MCKelvey didn't have the specific count but thought it was 76 signatures. Mr. Howe - was in favor of closing the road as a last resort. He agrees with much of what was said tonight and sympathizes with the problems but noted several incidents of cars driving over the curbß, into his yard just one foot from his well, and through bushes just to go through the barricade on Quinn. If people are doing that, he didn't think stop signs would do any good. He'd like to see something other than the barricade. He'd be in favor of an additional patrol on the payroll. He asked if other measures would be taken if the street is opened up again. Mayor McKelvey stated yes. Regular Andover City Council Meeting Minutes - September 21, 1993 Page 5 (Public Hearing/Quinn Street, Continued) Jerome Shermer, 13918 Ouinn Street NW - is in favor of opening Quinn. The traffic has gotten better past his place since it was closed, but there are still traffic problems. He can't keep his mailbox up and yards are driven over; and he's had these problems all of the 20 years he' s lived there. There was a speeding problem even before it was blacktopped. When it was first blacktopped, the Sheriff's Department sat on the curve on 139th with radar and ticketed several, including himself. He felt that is what it takes to get people to obey the speed limit, because it is not just kids who are violating the law. He suggested finding a way to keep the traffic from Kensington Estates from going through their area. Mr. Shermer didn't agree with the way in which the street was closed and expected the residents would be contacted first before closing a street in the future. Mike Murphv, 14035 Partridqe Street NW - suggested a park be built so the children have a place to play because they are playing in the middle of the streets at all times. He had asked the City for "Slow - Children Playing" signs and was told they are too expensive. He's in favor of opening the road. Tom LeCuver, 2101 140th Lane - is appalled at the way this all came about. He's in favor of re-opening Quinn. In the winter the road is glare ice with not enough salt and sand on it for traction. He traveled down the street as slow as possible and was still sliding on the ice. No wonder the cars end up in the yards. Richard Maqee, 2116 139th Avenue NW - stated no one stops at the stop sign on 139th. Regarding a playground, there is one across from Speedy Market and no one uses it. He asked with Andover's population why it has to contract with the Anoka Sheriff's Department for police protection. With the losses of burglary and theft, he felt it would be worth the additional cost to get a city Department. There is also an increase in crime per capita. Mayor McKelvey explained at this point it is more economical than if the City had its own force for the same amount of coverage. Councilmember Perry reported the crime rate in Andover is not higher than those cities who have their own police department. There was further discussion with the residents regarding the costs of police protection and amount of coverage in the City at this time. Many residents indicated a willingness to pay for additional police coverage, some noting they do not even report small infractions like smashed mailboxes. Mayor McKelvey explained the City is addressing the issue. David Dahl, 2141 140th Lane - is new to the area and wanted to get away from the Minneapolis-type area and chose Andover to get away from the vandalism. He understood the temporary closing because of the speeding and reckless driving, but now the Council is being told it didn't work. The road needs to be opened and the issues resolved in a different way. He's heard that stop signs and speed bumps should be used to slow the people down. He's heard that the people should keep their children out ------ - Regular Andover City Council Meeting Minutes - September 21, 1993 Page 6 (Public Hearing/Quinn Street, Continued) of the street. There are children on 139th Avenue, but they are not out on the street as much as he sees them on Quinn. He didn't believe using the playground at Speedy Market is realistic because parents would not send small children there by themselves; but he didn't think developing a playground is a realistic possibility. He stated there are a lot of kids out on the streets in the neighborhood when he gets home from work at 10:30 at night, relating an incident of kids racing up and down the street, knocking over signs, etc. There are problems and the cost of law enforcement is high, but he stated one cannot put a price on life. He also guessed the Deputies would say that their area has one of the highest rates of complaints on teenagers and speeders. He is a renter and plans to leave next spring. His daughter is mulatto and has been picked on, plus they have had other acts of violence against them. He doesn't call the police all the time. He also thought they are seeing a need for more outlets, and the problem of volume is not resolved with the closing of a street. He asked if the problem was volume of traffic or speed. Mayor McKelvey explained the road was temporarily closed for the safety of the children playing in the yards. The issue of extending 139th Avenue to exit to the east is being investigated, but it probably will not be known until some time next spring or summer. Mr. Dahl - stated the reason people prefer to access Bunker Lake Boulevard on Quinn is because there is better visibility and because it is a direct access. Those issues must be dealt with if the Council decides to keep the road closed. Mark Svare, 13858 Ouinn Street NW - liked having the street closed. On Quinn they have to drive to avoid pedestrians or having a head-on collision on the curve. The biggest problem is cars parking on the side of the road. In the summer children ride their bikes on the road, plus there are pedestrians, which have the right of way. Children and pedestrians are the real issues. Mr. Svare questioned the safety of the curves on Quinn. He pointed out that the through traffic also includes those from north of Red Oaks who should be using their own accesses. He also felt the residents have to bond together to take care of their security problems, to police their own neighborhood, and to take action against those who are violating the law. If the engineers feel the curves on Quinn street are safe, then the street should be re-opened. If not, then the appropriate action should be taken. Tim Yund. 2351 139th Avenue NW - has been there five years and has had problems in front. He and his neighbors have talked with Mr. Haas several times about stop signs and restricting the flow of traffic and were told about Quinn Street opening to the south. It was put in, then closed. He too has gone through three mailboxes, has had to pull people out of his front yard, and noted several other incidents which resulted from reckless driving. There are problems, but he asked the Council not to ignore those on 139th who have been having problems for a long time. He walks his children to the bus every day because the street is like a freeway. It doesn't make any sense to put more traffic down it. They ----- Regular Andover City Council Meeting Minutes - September 21, 1993 Page 7 (Public Hearing/Quinn Street, Continued) have been begging for stop signs, thinking at least 80 percent of the people would stop. If it costs too much, he offered to pay for it and install it himself because it is needed. He also mentioned the dangerous intersection at 139th and Crosstown Boulevard. The issue is to stop speeders and to get the others to drive responsibility, but it doesn't make sense to close one of the three main outlets to the development. Bob Coyne, 2311 139th Avenue - accused the Council of looking only at the problem on Quinn Street without looking at the consequences created on 139th. 139th also has an "S" curve, just like Quinn and many of the other streets in the City. He cited instances of cars coming into his front yard because of reckless driving. Plus children walk or bike down it, as Speedy Market is a draw from that neighborhood. And now all of the children in the neighborhood walk to 139th and Crosstown to meet the school bus, which really creates a much bigger hazard than they had before. He felt a majority of the people will stop for stop signs, stating stop signs will work. He asked that the hazards created on 139th be seriously considered. Scott LeDoux, 222 139th Avenue NW - moved in 21 years ago when there were pot holes, sand roads, and kids speeding down the street. He keeps his children in the yard as best he can, even fencing the yard. He can't think of a time when driving down Quinn that there were no children playing in the street. Two children were hit on 139th in the last 20 years, but the road wasn't closed. He has had to replace his mailbox 15 times. He replaces it and lives with it. They don't want to see anyone hurt; but there are only three outlets, and they should be kept open. He agreed with trying the additional stop signs. Mr. LeDoux also suggested if it comes up again that the Council ask the residents rather than make an arbitrary decision to close a road. People have to keep their children off the streets; and closing Quinn did not make it safe for anyone's children. He stated the Council made an error in closing Quinn and hoped they rectify that tonight. Gavle Madson, 2131 140th Lane NW - suggested the neighbors get the license plate numbers of those who are speeding and report them. Children in the streets should be reported. She would like to see the street opened up again and the residents work together to solve the problem. Councilmember Knight hoped the hearing enlightened the residents as to the seriousness of the problem there. He suggested the residents get together to find a solution that is acceptable to everyone. He's seen the problems, but he doesn't want to solve one problem by creating another. He felt the Neighborhood Crime Watch organizations are more effective than additional police officers. There was some discussion on the costs to add additional police officers. One resident stated she talked with the Anoka County Sheriff's Department and determined it would cost $27 to $29 per person per year to add another full-time deputy for the 3 - 11 p.m. shift. She and many other residents present again indicated a willingness to pay the additional taxes to hire an additional Deputy, arguing that is cheaper than the damages by vandals or thieves. Regular Andover City Council Meeting Minutes - September 21, 1993 Page 8 (Public Hearing/Quinn Street, Continued) Marie Huber - related an incident of a teenager recklessly driving resulting in an accident. She encouraged residents to report these incidents, feeling the problems would be reduced if everyone works together. She also stated that the results and actions from the Sheriff's Department depends on which Deputy responds. She is willing to continue reporting these incidents even though her mailbox has been blown up six times. Tim Freeman, 13761 Ouinn Street - stated this problem was brought up early in the spring when they worked to get "Slow - Children Playing" signs and lights on the street. The street was temporarily closed when they petitioned the Council. He felt everyone should have known of the action to close it. He also felt the solution may be in closing Quinn; but if keeping it open is the option, another access road and speed bumps may be the answer. Stop signs may also help. Mr. Freeman stated the result of closing the road is the kids play in it more because it is now a cul-de-sac. He preferred getting together to solve the problem rather than pointing fingers. Everyone is responsible in some way and they should be able to work something out. patricia Turner, 2036 139th Avenue - asked if the Council addressed the safety aspect of having 139th as the main route. She felt only Red Oaks 5th was well represented; the remaining neighborhoods were not represented when the Council made the decision to barricade Quinn. LeRoy Walkner, 2026 139th Lane - supports opening the road. He didn't like the idea of speed bumps, but maybe they are the end solution. He stated there is not much the Sheriff's Department can do when residents have complaints on speeders or vandalism. But if stop signs are put up and someone runs them, there is a way to prove that. He guessed about 95 percent of the traffic will stop; and if the 5 percent that violate the signs are on video camera, they can be fined. He too pointed out how dangerous the alignment is at 139th and Crosstown, and that it is not wise to direct 1,900 cars a day to that intersection as opposed to 767 before the closing of Quinn. He felt the access to Bunker Lake Boulevard via Quinn is needed. He reported they have had speeders take out their mailboxes and destroy their yards even in their cul-de-sac. Closing the road doesn't solve the problem but merely moves it to another location. Jane Herr, 2361 139th Avenue NW - has lived there for 26 years. Right now 139th is a very busy street. They were glad when Quinn finally went through, and it made traffic on their street better. She said it is very dangerous going onto Crosstown Boulevard from 139th, noting a serious accident there just recently. She felt Quinn Street should be opened. Mary Vashro, 2221 139th Avenue - would like to see Quinn re-opened because of the amount of traffic the closing put in 139th. She too pointed out the mailboxes run over, cars destroying lawns and driving into garages is a continuing problem for everyone in the neighborhood. She stated it is especially dangerous when slippery or icy, suggesting there be some signs regarding the slippery and icy conditions. - Regular Andover City Council Meeting Minutes - September 21, 1993 Page 9 (Public Hearing/Quinn Street, Continued) MOTION by Jacobson, Seconded by Perry, to close the public hearing. Motion carried unanimously. The Councilmembers each expressed their opinion on the testimony this evening and on the problems in the Red Oaks Manor neighborhoods. The majority agreed Quinn Street should be re-opened. It was noted the City cannot solve all of their problems, that the best solution would be to work together to resolve the issues of children in the streets, curfew, etc. A resident mentioned there are gangs in the neighborhood. The Council indicated the City needs to know that and to get more law enforcement for that. The speeding is done by the people who live in the neighborhood, and the people need to be policing themselves. The Council generally favored the installation of more stop signs as the violation of not stopping can be prosecuted wi~h the evidence on video. They were not in favor of speed bumps. They were also glad to see people willing to pay more taxes for increased police protection, again noting that is being studied by the City. MOTION by Jacobson, Seconded by Knight, that the City Council direct City Staff to open Quinn Street and move the barricade as the first step. Second step is to install the necessary stop signssf,t ¿ß7th and~~ Quinn, 138th and Quinn and 139th and Quinn, two, three or foûf~'~gnding ,,1,/93 on the intersection. Also direct the Mayor to activate a neighborhood~ 7 group consisting of up to 12 residents to study the whole issue that has been discussed tonight and suggest to the Council further steps that could be taken over time. In addition, if the Council determines that these actions that have been taken tonight do not solve the problem, the Council will then consider the use of installing nonsurmountable cur~ speed bumps and even vertical side barriers to protect that corner, that is the curve at the lower end of Quinn Street. DISCUSSION: The Council indicated the barricades on Quinn Street will be removed as soon as possible, that the road probably could be open tomorrow. Motion carried unanimously. 9:37 p.m. The Council recessed at this time; reconvened at 9:45 p.m. SPECIAL USE PERMIT/2134 BUNKER LAKE BOULEVARD/AUTO REPAIR GARAGE MOTION by Knight, Seconded by Perry introducing the Resolution granting the Special Use Permit as presented (Clifford Mistelske, 2134 Bunker Lake Boulevard NW). DISCUSSION: Councilmember Jacobson was concerned about the repair and maintenance of large semi-tractor trucks, since many are parked there; and suggested a provision be added to the Special Use Permit that the repair garage be limited to vehicles under a specific size. In discussing the matter, the specific size was not readily known, though the ordinance does not allow the storage of business vehicles in residential areas that are over 12,000 pounds. Regular Andover City Council Meeting Minutes - September 21, 1993 Page 10 (Special Use Permit/2134 Bunker Lake Blvd/Auto Repair, Continued) Clifford Mistelske - stated he repairs anything that is in need of repair, but he is not geared for anything big. He basically works on passenger cars, three-quarter- to one-ton trucks, RV's; but nothing in the over-the-road type equipment. He would not be able to do the motor work on a 2 1/2-ton truck, for instance. He is restricted by the amount of room he has. Mr. Mistelske stated he has no employees and noted the cars that were cited by the City a year ago were not his. M. R. Olson, owner of the property - stated Mr. Mistelske is only one of eight different tenants on that property. He only has stalls for two vehicles inside the building. He asked why Mr. Mistelske should be restricted as it can be reviewed on a yearly basis. The property has been used for vehicle repair, including large semi-trucks, for years. Mr. Olson claimed the parcel is and has been used as a truck terminal since 1940, which has been grandfathered in. As a part of that business, the repair of those trucks is allowed under the ordinance. It was then determined that there are other renters in the same building Mr. Mistelske has his repair business. Mr. Carlberg was not aware of the other businesses and wanted to investigate that as well as the background on the truck terminal businesses, as such uses are no longer permitted under the ordinance. He also wanted to research the granting of the Special Use Permit when there are other renters, as technically the Permit is tied to the property and Mr. Olson. Conditions on the permit would go with the property and any other tenants. Because of the issues raised this evening, the Council agreed to table the item for further research. Staff was asked to research the trucking terminal issue and the repair of those trucks. Councilmembers Perry and Knight Withdrew the Second and the Motion. MOTION by Jacobson, Seconded by Perry, to table the item until the next regularly scheduled meeting, but in the mean time until Council takes action, allow Mr. Mistelske to continue what he is presently doing there until we do make a decision. Motion carried unanimously. APPROVE STREET SPECIFICATION CHANGE MOTION by Knight, Seconded by McKelvey, to table this item. Since this item was placed on the agenda, the representatives of the developers have asked to review TKDA's recommendation on this. Motion carried unanimously. SCHEDULE JOINT JUNKYARD TASK FORCE/CITY COUNCIL MEETING The Council agreed to schedule a joint meeting with the Junkyard Task Force for Wednesday, October 27, 1993, 7:30 p.m. .---- Regular Andover City Council Meeting Minutes - September 21, 1993 Page 11 NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, the City Council move in the affirmative on the following Agenda items on tonight's Agenda: 5. Declare Cost/Order Assessment Roll/Quinn Street/IP93-19 (See Resolution R217-93) 6. Declare Cost/Order Assessment Roll/3737 143rd Avenue/IP93-15 (See Resolution R218-93) 7. Declare Cost/Order Assessment Roll/1805 Andover Boulevard/IP92-30 (See Resolution R219-93) 8. Adopt Assessment Roll/IP92-10/Pheasant Meadows (See Resolution R220-93) 9. Adopt Assessment Roll/IP92-4/Winslow Hills 2nd (See Resolution R221-93) 10. Approve Change Order/IP93-6/Watermain (See Reso. R222-93) 11. Approve hold harmless Agreement/winslow Hills 3rd 12. Approve Change Orders #1 and #2/IP92-24/Andover Boulevard (See Resolution R223-93) 13. Receive August Financial Statements 14. Approve Access Agreement/Anoka County 17. Adopt Resolution Appointing Lower Rum River Water Management Organization Member (See Reso. R224-93 appointing Todd Haas) 19. Release Letter of Credit/Winslow Hills/IP87-32 20. Reduce Letter of Credit/Woodland Creek/IP87-27 Motion carried unanimously. APPROVE ASSESSMENT AGREEMENT/WINDSCHITL/SECTION 23 APPROVE CHANGE ORDER #1/IP93-5/WINSLOW HILLS 3RD Council questioned the wording of the agreement regarding the property owner waiving all rights of appeal of special assessments pursuant to Minnesota Statute S429. Attorney Hawkins felt the wording adequately protects the City, as they have given up their right of appeal on the procedure and the amount of benefit. Mr. Sulander also explained the credit will be against the area charges, not against laterals. MOTION by Perry, Seconded by Dalien, approval of Agenda Item 15, Approve Access Agreement/Windschitl/Section 23; and Item 16, approve Change Order #1/IP93-5/Winslow Hills 3rd. (See Resolution R225-93 approving Change Order) Motion carried unanimously. APPROVE CORPORATE MASTERCARD BUSINESS CARD APPLICATION Mr. Sulander explained the use of a MasterCard will make it easier for he and the City Clerk to obtain the best buys when purchasing for the City when the City does not have individual business accounts established in area businesses. The limit is the same amount as that granted the Treasurer for prepaying the routine bills, $5,000. MOTION by Jacobson, Seconded by Knight, the Resolution approving the City of Andover to enter into a corporate MasterCard business card agreement with Norwest Bank Iowa, National Association, Des Moines, Iowa. (See Resolution RR226-93) Motion carried unanimously. ------ --- Regular Andover City Council Meeting Minutes - September 21, 1993 Page 12 MAYOR/COUNCIL INPUT Pumping of Cedar Crest Pond - Mayor McKelvey reported he stopped the pumping of Cedar Crest pond when other residents called complaining they did not want it pumped down to virtually no water. Between now and next spring he suggested the Council review the storm water drainage in that area to solve the issue of ponds that have no permanent outlets. Mr. Hausam, who had asked for the pumping, has agreed to the level of the pond as it is now. Frank Stone, Public Works Superintendent, informed the Council the reason the pond is pumped so low is because of the cost of renting the pump. They pump it to a point that they won't have to worry about it for quite a while. Several Councilmembers felt it is important in the future that projects be designed so storm water retention areas have permanent outlets. Violations on M. R. Olson Property - Attorney Hawkins provided a brief background of violations cited on Mr. Olson's property by Mr. Carlberg and the action taken to get the property cleaned up. Mr. Carlberg stated he will be researching the background of the motor freight terminal on that property to determine whether it has been in existence continuously since the ordinance provision eliminating that use has been in effect. Engineering Firms - Councilmember Jacobson wondered if the Council should consider contracting with another engineering firm, as he felt Bonestroo, Rosene and Anderlik has not been doing very well for the City. Mayor McKelvey stated other cities have gone to working with three engineering firms, asking them to bid on each project to be done. In that way, the City gets the lowest engineering costs on its projects. Council agreed the item should be discussed in detail at a future time. Personnel Committee Meeting - Mr. Sulander requested the Personnel Committee meet to review several topics. Councilmembers on that Committee agreed to set a date after this meeting. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Perry, to pay bills in the amount of $609,227.57. Motion carried unanimously. MOTION by Dalien to adjourn. Motion carried unanimously. The meeting was adjourned at 10:42 p.m. Respectfully submitted, ~~~~ Ma ella A. Peach Reco ng Secretary