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Motion to approve (later withdrawn) · · · · · · · · · · · · 9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