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HomeMy WebLinkAboutCC August 15, 1995 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 15, 1995 TABLE OF CONTENTS · RESIDENT FORUM · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Amend Ordinance 8, Section 3.02/Therapeutic Massage in Commercial Districts · · · · · · · · · · · · · · · · · · 2 Adopt Ordinance No. 110/Therapeutic Massage · · · · · · · · 2 Resolution R141-95 setting fees for therapeutic massage license2 Resolution R142-95 adopting variance/3931 158th Avenue NW/ Sideyard setback/Portugue . . . . . . . . . . · · · · · 2 Request review of park dedication fees/lot splits · · · · · 2 Resolution R143-95 amending Resolution R072-95 · · · · · · 2 Resolution R144-95 amending Resolution R073-95 · · \ 2 Schedule public hearing/liquor license fees · · · · · · · · 2 Release development contract escrows/Woodland Pond · · · 2 Resolution R145-95 approving "No Parking"/Tower Drive · · · · 2 Approve easements/IP94-22/Chapman · · · · · · · · · · · · · · 2 Approve Wellhead Protection Plan/IP94-23 · · · · · · · · · · 2 Approve hiring/Construction Inspector (Jeff Adolphson) · · · 2 Order request for proposals/City Comprehensive Water Plan Update · · · · · · · · · · · · · · · · · · · · · · · · 2 Resolution R146-95 rejecting bids/IP95-4/sea1coating · · · · 2 Resolution R147-95 awarding bids/IP95-7, IP95-9, IP95-10 · · 2 Resolution R148-95 receiving petition/Winslow Hills 3rd pond · aeration system · · · · · · · · · · · · · · · · · · · · · 2 Approve quotes/trail system/IP95-13 · · · · · · · · · · · · · 2 Approve proposed land trade w/Anoka County/Crosstown Blvd 3 Approve fencing/Public Works storage area · · · · · · · · 3 Approve burn/Fire Department (1860 & 1864 Bunker Lake Blvd) · 3 Probationary period/Finance Director · · · · · · · · · · 3 Resolution R149-95 approving change order #6/IP93-12/Hills of Bunker Lake 5th · · · · · · · · · · · · · · · · · · · · · 3 Receive Quad Cities Community Television 1996 Budget · · · · 3 Resolution R150-95 on Government Access Channel Programming · 3 Resolution R151-95 approving change order #2/IP94-10, IP'H-8, IP94-5 · · · · · · · · · · · · · · · · · · · · · · · 3 Resolution R152-95 approving change order #3/IP93-9, IP94-6, IP94- 7, Pond IIC", IP93-30 · · · · · · · · · · · · · · · · · 3 Resolution R153-95 approving feasibility/order hearing/Commercial Boulevard extension/IP94-33 · · · · · · · · · · · · · · · 3 Approve quote/Hills of Bunker Lake West park · · · · · · · · 3 Personnel Administrative policy No. 3, Item D, Extended Illness · · · · · · · · · · · · · · · · · · · · · · · · 3 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 3 QUOTES/WOODLAND MEADOWS · · · · · · · · · · · · · · · · · · · · · 3 Motion to approve (low quote of MN/WI Playground, Inc. ) · · · 8 · "NO PARKING"/173RD AVENUE/WOODLAND MEADOWS Resolution R156-95 approving signs · · · · · · · · · · · · 8 REVISED PRELIMINARY PLAT/CROWN POINTE . . . . . . . . . · · · · 8 Resolution R157-95 denying revised preliminary plat · · · · · 9 WOODLAND TERRACE TRAFFIC DISCUSSION · · · · · · · · · · · · · · · 10 Motion to authorize temporary concrete choker on Narcissus between Orchid and Marigold · · · · · · · · · · · · · · 11 · - -- --- - -- +.__n__ _ --- - - -------- .- . . Regular Andover City Council Meeting Minutes - August 15, 1995 Table of Contents · Page ii PARK DEDICATION FUND EXPENDITURES/CITY HALL PARK COMPLEX #2/PARKING LOT/IP93-7 . . · · · · · · · · · · · · · · · · · · · · · · 11 Motion to pave with TIF funds as agreed previously · · · · · 12 MAYOR/COUNCIL INPUT Tax Increment Bonds Resolution R154-95 authorizing sale of $6,055,000 general obligation Tax Increment Bonds, Series 1995D · · · · 13 · Resolution R155-95 calling for public hearing to modify development program of District No. 1 · · · · · · 13 Time table for redevelopment of Commercial area · · · · · · · 13 Splat ball at Meadow Creek Church · · · · · · · · · · · · · · 13 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 13 ADJOURNMENT . . . . · · · · · · · · · · · · · · · · · · · · · · 13 · · · · -- - --- - - .._~._. - -- - CITY of ANDOVER ,. REGULAR CITY COUNCIL MEETING - AUGUST 15, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 15, 1995, 7:05 p.m. , at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Jacobson, Knight, Kunza Councilmembers absent: None . Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Assistant City Engineer, Todd Haas City Finance Director, Jean McGann City Planning Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM . Dr. Ann Benassi, 715 146th Lane - asked for a variance for her attached garage and provided floor plans and exhibits for her proposal. Mr. Carlberg stated the Council indicated several weeks ago that it was not interested in amending the Zoning Ordinance to allow chiropractic care as a home occupation, preferring that it stay in the clinic setting. Dr. Benassi is asking for a variance from that; however, the City cannot vary from a use provision. In order to allow the request, the ordinance would need to be amended. The Council explained the use is similar to therapeutic massage, which has been discussed at length; and the decision was that those uses not be allowed as home occupations. At this time it was the consensus of the Council to remain with the decision. Dr. Benassi - had a list of other businesses allowed as home occupations, such as dental and other chiropractors. She didn't understand why she is now being denied. Mr. Carlberg explained the list is provided for the county. It does not mean that they received permits from the City. Staff is not aware of the City allowing any chiropractic care uses in the residential areas. Attorney Hawkins stated it is common practice for professionals to receive mailings from the State at their home addresses, and the certificate of assumed names is used for that purpose. It doesn't mean they are doing their business at home. Again, the Council stated its intent leave the ordinance as ts. Mark Daqen, 13330 Mariqold. President of Andover Athletic Association - noted the he brought his concerns to the Park Board on the growth in the community and the lack of volunteers to help run the sports programs. He recommended the hiring of a Park and Recreation Coordinator. The City is growing. It is a young community with dual-income families, meaning people do not have a lot of time to volunteer. At the end of this year he is stepping down as president of the AAA after five years. He is very concerned. Last year there were over 1200 youth in the softball programs, over 500 in the baseball programs plus the soccer .,. --. -- ,-. . !"'- . Regular Andover City Council Meeting Minutes - August 15, 1995 Page 2 (Resident Forum, Continued) programs. Someone needs to coordinate these things between the Associations. Plus, with the Field of Dreams, there will be adult leagues and someone will be needed to run the concession building. With revenues from those leagues, the position should be self-supporting. He is willing to fill the position on a volunteer, part-time basis to show that it can support itself and that someone is needed. Mayor McKelvey stated the Council will consider the request and the offer. Kathv Tinqelstad, Andover Resident, Candidate for Senate District 50 - stated she is visiting the various communities to find out about the issues. AGENDA APPROVAL MOTION by Jacobson, Seconded by Kunza, to add Items 35, Approve Quote/Hills of Bunker Lake West Park and 36, Personnel Administrative Policy No. 3, Item D, Extended Illness to the Non-Discussion Items; and also add Items 1, 2, 3, and 9 to the Non-Discussion Items. Motion carried unanimously. CONSENT AGENDA Item 1 Amend Ordinance 8, Section 3.02/Therapeutic Massage in Commercial Districts Item 2 Ordinance No. 110/Therapeutic Massage and Resolution Setting Fees (See Resolution RI41-95) ,. Item 3 Variance/3931 158th Avenue NW/Sideyard Setback/Portugue (See Resolution R142-95) Item 9 Request Review of Park Dedication Fees/Lot Splits Item 11 Resolution Amending Resolution R072-95 (See Resolution RI43-95) Item 12 Resolution Amending Resolution R073-95 (See Resolution RI44-95) Item 13 Schedule Public Hearing/Liquor License Fees Item 14 Release Development Contract Escrows/Woodland Pond Item 15 Approve "No Parking"/Tower Drive (See Resolution R145- 95) . Item 16 Approve Easements/IP94-22/Chapman Item 17 Approve Wellhead Protection Plan/IP94-23 Item 18 Approve Hiring/Construction Inspector (Jeff Adolphson) Item 19 Order Request for Proposals/City Comprehensive Water Plan Update Item 20 Reject Bids/IP95-4/Sealcoating (See Resolution R146-95) Item 21 Award Bids/IP95-7, IP95-9, IP95-10 (See Resolution R147-95 awarding bid to Bauerly Brothers Co., Inc. , for $372,562.50) Item 22 Receive Petition/Winslow Hills 3rd Pond Aeration System (See Resolution R148-95) , Item 23 Approve Quotes/Trail System/IP95-13 - -- --- - . -. . Regular Andover City Council Meeting Minutes - August 15, 1995 Page 3 (Consent Agenda, Continued) Item 24 Approve Proposed Land Trade with Anoka County Highway/Crosstown Boulevard · Item 25 Approve Fencing/Public Works Storage Area Item 26 Approve Burn/Fire Department (1860 and 1864 Bunker lake Boulevard) Item 28 Probationary Period/Finance Director Item 29 Approve Change Order #6/IP93-12/Hills of Bunker Lake 5th (See Resolution R149-95) Item 30 Receive Quad Cities Community Television 1996 Budget Item 31 Adopt Resolution/Government Access Channel Programming (See Resolution RI50-95) Item 32 Approve Change Order #2/IP94-l0, IP94-8, IP94- 5/Jonathan Woods, Foxberry Farms, SuperAmeric{ . (See Resolution R151-95) Item 33 Approve Change Order #3/IP93-9, IP94-6, IP94-7, Pond "C", IP93-30 (See Resolution RI52-95) Item 34 Approve Feasibility Report/Order Hearing/Commercial Boulevard Extension/IP94-33 (See Resolution R153-95) Item 35 Approve Quote/Hills of Bunker Lake West Park Item 36 Personnel Administrative Policy No. 3, Item D, Extended Illness MOTION by Dehn, Seconded by Kunza, the Consent Agenda be approved. Motion carried unanimously. · APPROVAL OF MINUTES August 1, 1995, Regular Meeting: Correct as written. August 1, 1995, Closed Meeting: Correct as written. August 1, 1995, HRA Meeting: Correct as written. August 1, 1995, EDA Meeting: Correct as written. MOTION by Knight, Seconded by Dehn, approval. Motion carried unanimously. ,. APPROVE QUOTES/WOODLAND MEADOWS PARK Mr. Haas reported the Park and Recreation Commission is recommending approval for the development of Woodland Meadows Park. In addition, they are asking that "No Parking" signs be placed along the street and two parking stalls installed. He also gave a brief background on the process which brought this about and the compromises made by the neighbors to arrive at the plan before the Council. It is a one-acre park dedicated as a part of the Woodland Meadows plat in 1987. The City · has the authority to develop it without resident interest or input; however, the Park Board generally waits until the residents express an interest and asks for a petition of 5, 10, or 15 signatures. Mayor McKelvey stated the first petition had 42 people in favor. The second petition opposed the park, but there were nine signatures on it - - --- - Regular Andover City Council Meeting Minutes - August 15, 1995 Page 4 . (Approve Quotes/Woodland Meadows Park, Continued) that were also on the first petition. Some say they want the park but without the basketball court, which has already been taken out of the plan. Councilmember Dehn received information from Mr. and Mrs. Squier, who feel it would be a safety hazard. The speed limit on Partridge is 55 mph. She was also given a coded map indicating who were not in favor, and she presented the information to the Mayor. According to the information presented by the Squiers, there are about 120 children in the development of whom 9 percent are 1 to 4 years old, 51 percent are 5 to 12 years old and 48 percent are 13 years or older. Also, 30 , percent are older citizens and the remainder of the population is in their 30's and 40's and may not be having many more children. The Mayor then opened the discussion to resident input. Linda Isaacson, 17231 partridqe - is the originator of the petition. They have lived there for eight years without a park, and she would now like to see it developed. Many people are concerned with the safety issue; however, that has already been addressed by Staff by posting the curves and reducing the speed to 25 mph around them. She doesn't know anyone who drives 55 mph down the road, plus now they will be posted for less which will be enforceable. Those opposed have also stated the equipment should be placed in Hawk Ridge park. She is concèrned with having the 5 to 12 year olds riding down a county road to get to that park. That is a very unsafe condition, preferring her children to ride on a residential street. About 51 percent of the children are ages 5 to 12, and this park will also attract children from the new development to the south. She felt there will be plenty of use of the park. She started the petition, setting out to get 5 or 10 signatures as required and ended up with 19 or 20. She did not get to every residence. She informed the people and met with those opposing the park. The majority who are opposed live next to it because they do not want the park in their back yard. Their neighborhood is divided between two school districts, and this park would be a meeting place for them. Unless the . count has changed, there should be 38 votes in favor of the park without the basketball court. She understood a majority vote was not needed by the Park Board, only an expression of interest. She didn't want to see this go through another petition process, as the neighbors have been harassed long enough. Councilmember Jacobson felt because the lots are 2 1/2 acres, many of the people have their own playground equipment in their back yards. Ms. Isaacson - didn't know how many did, but she did not. She didn't think that should be the issue. Also, the equipment placed in the park is generally not the same as what people have in their back yards. Kevin Squier, 2138 172nd Avenue - lives across from the park. He still didn't think the safety issue has been addressed. He called MNDot and talked to a police officer in North Minneapolis and to a State trooper. They informed him that the 25 mph is not enforceable, and it is nearly impossible to prove going to fast for conditions in the courts. The 55 mph is too fast and is too dangerous for his child to cross the road to get to the park. He also pointed out a discrepancy between the signatures on the petitions and the coded map. Though $18,000 is being , ---- Regular Andover City Council Meeting Minutes - August 15, 1995 Page 5 (Approve Quotes/Woodland Meadows Park, Continued) proposed now, there is also a request for another $5,000 for equipment for next year. The majority of the lots do have swing sets and other equipment. He felt the focal point of the parks in the City is the Field of Dreams, and the money should be spent where the most children will get something out of it. Hawk Ridge is only 1 1/2 miles up the road. The scrub cedar in the park looks nice to him. He hasn't sèen a plan for the park and asked if the designation for park can be changed. Mayor McKelvey stated it cannot. If the City gives it up, the land goes back to the developer. Because of the size, it becomes a undevelopable lot, which is not allowed in the City. Mr. Sauier - thought then this issue could come up every year. Others can drive up to the park, but his child has to cross the street with a 55 mph speed limit. Even though it will be marked 25 mph, he predicted most will go 35 to 40 mph through there. Chuck LaBeaux, 2233 173rd Circle - would like to see the park go in. The . safety issue has been addressed. They tried to get street lights, and that is when they found out about the 55 mph. Prior to that everyone thought it was 30 mph, and he felt that everyone coming into the neighborhood will assume the same thing. They petitioned the State to reduce the speed limit and were denied, so they must live with it. That shouldn't mean they should be denied a park. The land is dedicated and everything possible is being done on the safety issue. This is not a through street, so the traffic is basically from that portion of the neighborhood. They have never advocated leveling the lot and removing the trees. But he pointed out that the vast majority of the homes built had to have trees removed first. Why can they remove trees for houses but cannot cut down a tree to install a park? Hopefully this can be resolved so they can all get on with their lives and getting along. Lori Sobieck, 2159 172nd Avenue - is not in favor of the park because it is not needed. Hawk Ridge is very close to them which could be developed into something nicer to meet the needs of all ages. It is not safe to have a park at this location and is not a wise decision for the Council and Park Board to put children in danger. It is on a curve with a speed limit of 55 mph. She was on the committee from the Park Board. They tried to come up with a park that everyone could accept. A vendor of equipment was called, who measured the park and made a recommendation. . Before she knew it, this plan was brought back to the Park Board and people said this was a consensus. It is not. At the meeting she agreed to a comprehensive plan, but the plan presented was not that plan. The Council doesn't even have the entire plan. They were told it would be aesthetically pleasing, but where is the landscaping? What is being done about the safety issue? How much will the City pay if a child gets hit? One of the best ideas is to let the land go back to the developer. If that is done, some of the adjacent property owners would buy it. The City needs to look at the amount of money being spent in a very small area. Mr. Haas explained the Park Board no longer takes small parcels of park land in the rural areas. . ,. Regular Andover City Council Meeting Minutes - August 15, 1995 Page 6 (Approve Quotes/Woodland Meadows Park, Continued) Ms. Sobieck - asked if there is an overall park system plan. Is the park system viewed as part of the community infrastructure? It should · be. The money comes from the City to develop the park, so volunteers should not have to maintain or police it. Are parks developed at random by resident requests or is there a total plan? The plan also needs to be based on usage as to where the money would best be spent, and the Hawk Ridge park is the one close to them which should be developed. Again, she stressed the amount of money and liability needs to be considered. She doesn't want the park to devalue their neighborhood nor their property values. Park and Recreation Commission Chairperson Tom Anderson gave a brief background of how this came about and the meetings they have had with residents. The park is being developed with equipment for 5 to 12 year olds using park dedication funds from the new development to the south, Woodland Meadows 3rd. The safety issue came up, and the Park Board felt it had been addressed with the road signs, reduced speed limit, and "No Parking" signs. The children play in the streets as they do in any development. The playground will be placed in front and will enhance the area. Only one tree will be removed. It will be maintained where now it is unkept. Mr. Haas explained the original bid by Flanagan Sales, Inc. , was not for the same equipment as the Minnesota Wisconsin Playground bid. Staff asked Flanagan Sales for another quote based on the same equipment but it was still higher. Mr. Erickson noted the parking lot is · not in the bid and would cost about $2,000 to $4,000 for bituminous. Chairperson Anderson stated there has been talk about further development of the park, but there is a fair amount of equipment being proposed for this park. Given the meager amount of funds they have, the Park Board does not see putting any more equipment in this park in the foreseeable future. The park will be graded and kept mowed, but the back park will be kept natural. It is heavily wooded and a beautiful parcel. Ms. Isaacson - was part of the committee. They came up with a compromise instead of taking another vote to the neighborhood. The plan includes this equipment plus a nature park in the back. Ms. Sobieck wat supposed to have someone do the nature park for free. The reason for the $5,000 request for additional equipment next year is they felt the opposition is trying to reserve part of the park land for their own private use, and those in favor of the park want this park to be usable by everyone in the development, not just those who border the park. Ms. Sobieck - explained the Project Raintree had developed nature areas in schools at no cost. They were interested in a community park, but there needs to be a founder. She thought that may not be a problem because the Park Board had some money. The next thing she knew all of · the park money was being used for equipment. She doesn't think it will be beautiful, but she's seen no plans for it. They are all out there for the nature and the beauty and still be close to the City. Also, the plan she did see did not have a 10-foot setback from their property line. She thought all property owners should have an equal setback, not somebody with 40 feet and someone else with 10 feet. Regular Andover City Council Meeting Minutes - August 15, 1995 Page 7 (Approve Quotes/Woodland Meadows Park, Continued) . Terrv Krause, 17241 Partridqe - stated his wife started the petition against the park mainly because of the size. Even the Park Board doesn't deny it is too small. Most of them moved out of the city to enjoy nature, their acreage, the trees and the land. To throw a park in this neighborhood next to the houses where children will play is different than the Bunker Hills park or Hawk Ridge park which have houses further away. At one time a basketball court was proposed, which is very noisy. That belongs in Hawk Ridge, which can be reached by going up through the neighborhood. The realtors lied to people who purchased lots--some said the park would never be developed, others said it would be. It is a . nice area with a dense area of trees, which won't be nice any more. The Council then discussed the pros and cons of developing the park as proposed. Councilmember Jacobson was leaning toward denial of the park development because it is a small area among large lots where many people already have their own equipment. He didn't think people actually drove 55 mph, and that the safety issue had been addressed. He questioned whether the people would actually use a park out there; but after listening to the Park Board explanation, he later changed his mind and supported the compromise being recommended. Councilmember Dehn also shared some of the same concerns, but pointed out the new deveJopment to the south will not have a park. She questioned whether the size of the park can handle the number of children in the area. Or it could be abused, as is the one not far from her place, as the children grow. Possibly this area would be more appropriate as a nature area for the wildlife. Councilmember Kunza also had mixed feelings, feeling it is a small area for a park. There is a small park near him that no one uses. Annette Ward, 2070 172nd Avenue - has six children ages 6 months to 16 years. She attested that the park will be used. They do not have play equipment and would be sending their children to this park. Traffic and parking are not issues because that has already been addressed. Now no . one takes care of the park other than the neighbors around it by picking up the paper. If left to nature, it will be two-foot tall grass and shrubs. It would not be a developed park and it would not be a nature center. So leaving it as is is not a good long-term solution. Mr. Haas stated the equipment will cover about 46 feet of the 150-foot wide lot and will cover 53 feet in depth. The intent is to protect the neighbors. The amount of equipment would fit on any 1/3-acre tot lot in the City. The Park Board was also hoping the Council would approve two parking stalls off the street, located in the boulevard rather than disturb the trees. . Ms. Isaacson - noted the parking lot was not in the original proposal. She personally felt the parking stalls would be an eye sore and would prefer to leave that option to next year if there is a problem. She felt most of the traffic will be by foot or by bike. "No Parking" signs can be installed. This is for the children to keep them busy and out of trouble. There is no community park on that side of Verdin. The proposal of playground equipment in the front and a nature area in the back is the compromise worked out by the committee. . --_ ___ - ___ +0-- Regular Andover City Council Meeting · Minutes - August 15, 1995 Page 8 (Approve Quotes/Woodland Meadows park, Continued) Mr. LaBeaux - felt a very simple issue is being made very complicated. The land was dedicated as park; it was there when they purchased the land; and he personally would like to see the park developed. In viewing the City map, the distance to Hawk Ridge and the lack of other parks in the area were noted. Mayor McKelvey first opposed the park with the basketball court; however, he is in favor of th~ proposal before them. The children need a place to go so they don't have to play in the streets. He commended the Park Board for listening to the residents and for recommending the compromise plan. MOTION by Dehn, Seconded by Jacobson, that we vote in favor of the park as presented on the proposal on the basis that it is one of the last park areas up in that area to be developed for the park system. It does not include the parking lot. (low quote of Minnesota Wisconsin Playground, Inc. , for $14,384.52 plus $3,218.00 for installation) DISCUSSION: Ms. Sobieck asked if money is going to be allocated for landscaping. She has not seen a plan. Mayor McKelvey stated the Park · Board has included those costs. Motion carried unanimously. APPROVE "NO PARKING" /172ND AVENUE/WOODLAND MEADOWS MOTION by Jacobson, Seconded by Dehn, to move No. 5 in the affirmative. (See Resolution R156-95 designating No Parking on both sides of 172nd Avenue NW from the west property line of Lot 14, Block 8, to the east property line of the park) Motion carried unanimously. ,. APPROVE REVISED PRELIMINARY PLAT/CROWN POINTE Mr. Erickson explained the preliminary plat of Crown pointe was approved contingent upon a second access provided for the site, the preferred one being the extention of Sycamore Street across the wetland. That choice needed approval from the Coon Creek Watershed District. Because the road would impact a wetland and because another alternative of crossing the railroad tracks does not impact it, the Coon Creek Watershed District did not permit the Sycamore Street access proposal. Ashford Development is requesting the preliminary plat be revised to show a second access point to the west across the railroad tracks, connecting with the · existing Vale Street. It would be a 60-foot wide right of way, bituminous, used strictly as an emergency access. The developer owns the lot across the tracks that would be utilized for this crossing. Gates would be needed on both sides of the railroad tracks. Jerry Windschitl. Ashford Development Corporation, Inc. - stated Burlington Northern Railroad has always been willing to grant this crossing as proposed. He would purchase the required crossing and pay for the additional costs for necessary changes to the tracks. He would defer to the Fire Chief for input as to what type of gates should be installed. He'd also be willing to fence across the enti,re lot in Weybridge, and even fence all the way out to Vale if necessary. · Regular Andover City Council Meeting Minutes - August 15, 1995 Page 9 (Approve Revised Preliminary plat/Crown Pointe, Continued) Fire Chief Dan Winkel - stated there are some crash gates that could be used, but they would look at the different type of gates and discuss it with the other agencies that would use the emergency access. In the case of crash gates, he assumed the City would have to pay for the . replacement every time it is used or go back to the developer. Plus there is the risk of other people crashing through at any time. His preference would be to find a lockable gate. The street would also have to be maintained year round. It would not make a difference to the Fire Department whether the street is just for access or used by everyone. Councilmember Jacobson noted the suggestion of a bridge or other type crossing over the creek to Crown pointe East has been discussed on numerous occasions. What was the reaction of the Coon Creek Watershed District about that suggestion? Mr. Windschitl - stated that option has not been explored with the Watershed. This proposed access has no marginal soils. He "is caught between two governmental units. The City directed the second access out Sycamore and the Watershed refused because it affected wetlands. He asked that the Council act on the request before them. If it is denied, he will go back to the Watershed noting that action. Either this option or the one going to Andover Boulevard was the motion made by the Planning Commission at the public hearing. Councilmember Jacobson thought a creek crossing would not impact wetlands, only a small portion of floodway. It would be beneficial in the event of a train derailment or problems with the pipeline. The proposed railroad access would not be a help in either of those scenarios. Plus the creek crossing would provide an easy access full time, not just in emergencies. He still . opposed the access over the railroad tracks. Mayor McKelvey still felt a second access is needed for the development. He too preferred the option of crossing the creek and personally would be willing to see if the City could use State Aid funds to help with that option. MOTION by Jacobson, Seconded by Dehn, to deny the revised preliminary plat of Crown pointe for the following reasons: 1) The second crossing over the railroad tracks will be more hazardous in case of an emergency situation, especially in case of a community emergency. There are too many variables that can happen. 2) The idea of maintenance of a gate system as well as the attractive nuisance it can creane in the neighborhood adds validity to the denial. 3) This crosses the railroad tracks, and for safety reasons the City is trying to get the second access as far away from the railroad tracks as possible in the case of a derailment or a problem with the natural gas line. Moving the access away from those two areas provides a greater degree of safety. (See Resolution R157-96) DISCUSSION: Councilmember Kunza wondered what the odds were of being able to go through the wetlands as a result of this denial. Mr. Windschitl sensed a strong feeling from the Watershed that he would not be able to go through them. The Board saw that the Planning Commission voted one of two options at the discretion of the Staff. Staff chose the extension of Sycamore. The Watershed Board disagreed. He . does not know what they will do now. Councilmember Jacobson noted that while this option is being denied, the developer still has the option discussed many, many times, that is going over the creek to the plat to the east. Motion carried on a 4-Yes, I-No (Kunza) vote. Regular Andover City Council Meeting Minutes - August 15, 1995 Page 10 WOODLAND TERRACE TRAFFIC DISCUSSION Mr. Erickson explained the Staff has met with residents of th~ Woodland Terrace to review traffic issues within the neighborhood. The residents are concerned with the excessive speed within the neighborhood and the increasing volume of traffic. Public Works took traffic counts at several locations, and he noted the counts at each. The residents are asking that the access to the neighborhood be limited by choking Narcissus Street between Orchid and Marigold. No through traffic would be allowed except for emergency vehicles. They are also requesting that three of the five accesses from Bunker Lake Blvd. onto the service road be removed to help control traffic into and out of the neighborhood. · Mark Daqen. 13330 Mariqold - stated it was a dead end street when he first purchased his lot and was originally planned to be a cul-de-sac. He understood Coon Rapids came to Andover asking that it be a through street. That has increased the traffic flow. The traffic count of 322 cars going past his house is almost entirely from Coon Rapids going up to Bunker Lake Blvd. And it is not even the traffic level but the speed at which they are traveling. He has seen three or four accidents on the corner of l33rd and Marigold, which has no stop sign and traffic goes 40 to 45 mph. He'd definitely like to see stop signs there to slow it down. Council noted the City cannot use stop signs to control traffic. Mr. Daqen - suggested stop signs be placed because it is a saf~ty hazard given of the number of accidents there already. The residents petitioned over a year ago, and the vast majority favored very drastic changes to solve the problems. They are in total agreement with the requests being made, though each one was not contacted again with the proposal. Denise DeMarrs, 13552 Narcissus - represented the neighborhood. She stated the intent of choking the streets would be to slow down the traffic. It would be a visual warning, signs indicating there is no through traffic, emergency vehicle use only. Several Councilmembers questioned whether that would really stop the people. · Ms. DeMarrs - stated it may not stop everyone, but she believed most people would not go through. Todd Flemm. 13533 Narcissus - noted most of the traffic on a Saturday has CUB bags in the back of their cars, indicating they are cutting through the neighborhood. Preventing through traffic would stop most of that. The children walk to school from there, so that isn't an issue. Mr. Daqen - did not agree with Ms. DeMarrs that most people would not go through, but he thought choking would help a lot. He would have no problem with not having the ability to exit the developmeflt to the north. Again, stop signs are needed, as Marigold is now a raceway and there are many very young children out there playing. Fire Chief Dan Winkel - noted some firefighters live below the proposed choking of Narcissus. He hoped some exceptions could be made so the firefighters could respond via the shortest route rather than having to travel around. Possibly break away gates could be used instead. · Regular Andover City Council Meeting Minutes - August 15, 1995 Page 11 . (Woodland Terrace Traffic Discussion, Continued) In further discussions with the residents, the council questioned the value of choking off the street. Rather than installing permanent curbing now to choke the street, it was suggested concrete barriers be placed to narrow the street to about 20 feet and the signing installed indicating no through traffic except for emergency vehicles. The situation can be re-evaluated after a period of time to determine if the choking is resolving the problem. Mr. Erickson stated he would also look at whether a stop sign would meet warrants at 133rd an~ Marigold because of the accidents. Also, all entrances to the development would be signed with "No Exit.. indicating there would be no through traffic. Kathv Tinqelstad. Narcissus - thought the big concern is access from Narcissus and the service road onto Bunker Lake Blvd. A lot of traffic comes onto the service road from those five entryways, plus they come in at an angle creating a problem. She would like to see that addressed, though it may not necessarily reduce the traffic through there. The Mayor said that will be done when the county upgrades Bunker Lake Blvd. MOTION by Jacobson, Seconded by Dehn, that the City Council authorize . Staff to install a temporary concrete choker device or unit which meets State highway standards and to install signage for such choker units on Narcissus Street at a location between Orchid Street and Marigold Street. Such installation to be temporary to allow the Council to determine whether or not such a choker type operation will actually slow and decrease traffic in the area; and have Staff report back to us by March 1 as to its adequacy. DISCUSSION: It was suggested that a flyer be distributed to the neighborhood explaining the traffic change. Ms. DeMarrs stated their committee would do that. Mr. Erickson also stated the bus company and garbage haulers will be notified of the change. Motion carried unanimously. ,. APPROVE PARK DEDICATION FUND EXPENDITURES/CITY HALL PARK COMPLEX 12/EXPANSION OF PARKING LOT/IP93-7 Mr. Erickson explained most of the improvements for the ball fields have been completed at the City Hall Park Complex #2. The paving of the parking lots still remains to be completed. It was originally advised that TIF funds would be used to the extent that they would be available to help defer costs. The bituminous for the parking lots comes to about $89,000. Also, he has found that the parking lot can be enlarged by 28 stalls for another $7,000, which is a very reasonable cost. Park and Recreation Commission Chairperson Tom Anderson explained the Park Board is in favor of the added parking stalls because they will be needed given all the games that could potentially be played at one time. Originally they thought the parking lots would be paved with TIF funds. Mr. Fursman has now advised that those funds would not be available. Taking $89,000 out of their dedication fund leaves very little for other items, such as matching funds for trail development. The Park Board would pay for the expansion of the parking lot out of dedication but is asking the Council to consider using TIF funds to complete the paving. . · Regular Andover City Council Meeting Minutes - August 15, 1995 Page 12 (ApprOve Park Dedication Fund Expenditures/City Hall Park Complex #2/Expansion of Parking Lot/IP93-7, Continued) Mr. Fursman explained all of the grading for the fields, as well as the grading and Class 5 for the parking lots have been done with TIF funds. He believes the paving, curbing and lighting of the parking lot would be 0 an appropriate use of the TIF funds; however, with the cost of acquiring the salvage yards and the extension of Commercial Boulevard, it doesn't appear that there will be excess TIF funds available for those items. There may be excesses in the next year or the following years which could be put toward public improvements, such as trail development. Or perhaps the lighting of the complex could be done with excess TIF funds. At this time, however, he could not identify any excess that he could recommend the Council use for the parking lot. . Chairperson Anderson stated a common reason he heard for people not voting for the park bond issue last spring was because theX felt too much money was being spent on parking lots. The Park Board has been trying to use park dedication funds to improve parks, not to pave parking lots. Mr. Erickson stated the paving is scheduled for this fall. The preference would be not to wait until fall for paving because the Class 5 may become contaminated over the winter and the cost would likely increase if the bond on the project must be held open. Councilmember Jacobson noted the Economic Development Authority is in the process of issuing a bond of over $6 million which will be spent over the next 18 to 24 months. He thought it is reasonable to spend the funds to pave the parking lot now. Mr. Fursman noted the money needed . is in the park dedication fund now. He suggested the park dedication money be spent on the parking lot; and if excess TIF funds are available next year, an equal amount could be used for other park needs such as the trail system. Park and Recreation Commissioner Dave O'Toole wanted some assurance that there would be funds next spring for the trail system. They will be making an application to the DNR for that project for about a $50,000 matching grant. He would prefer the parking lot be paved this fall so it is ready to go in the spring. The original bid was for $84,000 for the parking lot, including asphalt around the building. The volunteers will be putting concrete around the building, so there should be some deduct for that. The Park Board would pay the $7,000 to enlarge the parking lot and would like the paving to be paid with TIF funds. Mr. Fursman explained the EDA already authorized the improvement with the use of TIF funds. The Council generally agreed to continue with what the EDA has already authorized, that is the payment of the paving of the parking lots with TIF funds. MOTION by Jacobson, Seconded by Dehn, to pave the parking lot with TIF funds as per the EDA Agreement. Motion carried unanimously. The Council meeting was adjourned at 10:17 to conduct an HRA meeting; reconvened at 10:22 p.m. --- - - -- '- ~'_M.__. --- - - .---- .. --"".'r,- ---- - ---~~-~-- --- Regular Andover City Council Meeting Minutes - August 15, 1995 Page 13 MAYOR/COUNCIL INPUT Tax Increment Bonds - Mr. Fursman explained at the August 1 meeting the Economic Development Authority passed the resolutions calling. for sales of $6,055,000 General Obligation Tax Increment Bonds, Series 1995D and calling the public hearing on the proposed adoption of a modification of the development program of District No. 1. The bond counsel has advised that the resolutions should have been passed by the City Council. MOTION by Jacobson, Seconded by Dehn, that the City Council authorize the Resolution providing for the competitive negotiated sale of $6,055,000 general Obligation Tax Increment Bonds, Series 1995D, which is labeled Resolution 005-95 and will now be Resolution RI54-95. Motion carried unanimously. , MOTION by Dehn, Seconded by Kunza, the Resolution calling for the public hearing on the proposed adoption of a modification of the development program for Development District No. 1, and the proposed adoption of a modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2, the Resolution be adopted by the City Council. (See Resolution R155-95) Motion carried unanimously. Time Table for the Redevelopment of Commercial Area - Mr. Fursman stated Staff is questioning the Council's time table on the projects to construct the remaining portion of Commercial Boulevard and Nightingale Street. Staff has been working with the assumption bids would be sought before spring. Mayor McKelvey thought Nightingale Street 'should be constructed when the frontage road is done, not with the completion of Commercial Boulevard. It looks to the businesses in that area that the City is trying to squeeze them out. He did not want to jeopardize any negotiations to purchase the salvage yards by making them feel the City is pushing them out and putting them in an adversarial position. He had no problem with the time table for Commercial Boulevard but stated at the public hearing he would seek the removal of Nightingale Street from the project. The other Councilmembers felt the time table is proper. Nightingale Street can always be dropped after the public hearing. , Splat Ball at Meadow Creek Church - Councilmember Jacobson noted the request from the youth director at Meadow Creek Church regarding splat ball activities. His interpretation of the ordinance is that it would be considered firearms and would not be allowed. Attorney Hawkins came to the same conclusion. Based on the definition, it would not be allowed unless a change is made to the ordinance. After a brief discussion, the Council did not wish to consider any ordinance change to allow the use. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Dehn, the approval of claims in the amount of $351,169.30 as presented. Motion carried unanimou~ly. MOTION by Jacobson, Seconded by Kunza, to adjourn. Motion carried unanimously. The meeting adjourned at 10:43 p.m. Respectfully SUbm~ t Maff\~~~~ Secretary