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HomeMy WebLinkAboutCC September 5, 1995 III CITY of ANDOVER Regular City Council Meeting - September 5, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Presentation of Badges to New Firefighters Discussion Items 1. Public Hearing/94-33/Commercial Boulevard Extension 2. Public Hearing/Modification of TIF District 3. Met Council/MUSA Discussion 4 . Accept Petition/Navajo St., 175th, 173rd/95-18 5. Special Use permit/Variance/719-157th Avenue N.W. 6. Special Use Permit/In-home Beauty Sa1on/981-140th Ln. 7. Special Use Permit/In-home Beauty salon/840-146th Ln. 8. Variance/2721 - 134th Avenue N.W. 9. Amend Ordinance 8, Section 3.02/Definition/Family 10. Approve Ordinance III/Sodding & Seeding Requirements 11. Approve Handling of Park Fund Expenditures 12. Adopt preliminary 1996 Budget 13. Computer Presentation Update 14. woodland Terrace Traffic Discussion Non-Discussion/Consent Items 15. Approve Lower Rum River Water Management Organization Joint Powers Agreement 16. Approve Quotes/95-13/Hidden Creek North Park 17. Approve Security Light/Fox Meadows 18. Approve Quotes/Pavement Markings/95-17 19. Release Development Contract Escrows/Pinewood Estates 2nd 20. Reject Feasibility Report/95-11/181st Ave. W. of Tulip St. 21. Approve "No Parking"/Bunker Lk. Blvd. Service Rd. & Grouse Street/93-30 22. Accept Petition/Order Feasibility/95-19/13748 Round Lake Blvd. 23. Approve C.O. *1/95-3/Cracksealing 24. Set Externalities Discussion Date 25. Amend Ordinance 19/5od Escrows 26. Select Truth in Taxation Public Hearing Dates 27. Approve Quotes/93-7/HVAC & Electric/parts Only 28. Receive Petition/Order Feasibility/95-22/Verdin Acres 29. Accept Feasibility Report/Order Public Hearing/95-22 30. Approve Ordinance Summary/Shoreland Mangement Ord./No. 108 31. Approve Ordinance Summary/Therapeutic Massage/No. 110 32. Approve 1996-1998 CDBG Program Mayor-Council Input pa~ment of Claims AdJournment . -~. .. ···--' ···'''1" II REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER·5.' 1995 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Resolution R157-95 approving a Special Use Permit and Variance/ 7191 157th Avenue NW · · · · · · · · · · · · · · · · 1 Resolution R158-95 approving Special Use Permit/89l 140th Ln 1 Resolution R159-95 approving Special Use Permit/840 146th Ln 1 Approve handling of Park Fund expenditures · · · · · 1 Resolution R160-95 adopting preliminary 1996 budget 1 . · · · · Approve LRRWMO Joint Powers Agreement · · · · · · · · · · · · 1 Approve quotes/IP95-13/Hidden Creek North Park · · · · · · · 1 Approve security light/Fox Meadows · · · · · · · · · · · 1 Approve quotes/pavement markings/IP95-17 · · · · · · · · 1 Release development contract escrows/Pinewood Estates 2nd · · 1 Resolution R161-95 rejecting feasibility/IP95-l1/181st · · · 2 Resolution R162-95 approving "No Parking"/Bunker Lake Blvd. Service Road & Grouse Street/IP93-30 · · · · · · · · · 2 Resolution R163-95 accepting petition/ordering feasibility/ IP95-19/13748 Round Lake Boulevard · · · · · · · · · · · 2 Resolution R164-95 approving change order #1/95-3/Cracks~aling 2 Set externalities discussion (September 19, 6 p.m.) · · · 2 Amend Ordinance 19/5od escrows ........ · · · · · · · 2 Select Truth-in-Taxation Public Hearing (Nov 19, Dee 13) · · 2 Approve quotes/IP93-7/HVAC & Electric/Parts only · · · · · · 2 Resolution R165-95 receive petition/order feasibility/95-22 · 2 Resolution R166-95 accept feasibility/order hearing/IP95-22 · 2 Approve ordinance summary/Shore land Management/No. 108 · · · 2 Approve ordinance summary/Therapeutic Massage/No. l!0 · · · 2 Approve 1996-1998 CDBG program · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · 2 PRESENTATION OF BADGES TO NEW FIREFIGHTERS · · · · · · · · · · · 2 STATE SENATOR/PAULA HANSON · · · · · · · · · · · · · · · · · · · 3 PUBLIC HEARING: IP94-33/COMMERCIAL BOULEVARD EXTENSION . · · · 3 Resolution R167-95 ordering improvement · · · · · · · · · · 5 PUBLIC HEARING: MODIFICATION OF TIF DISTRICT Motion to approve · · · · · · · · · · · · · · · · · · · · · · 6 AMEND ORDINANCE 8, SECTION 3.02/DEFINITION/FAMILY . · · · · · · 6 Motion to send back to P & Z · · · · · · · · · · · · · 7 WOODLAND TERRACE TRAFFIC DISCUSSION . · · · · · · · · · · · · · · 8 Motion to form committee with recommendation by September 19 12 PETITION/NAVAJO STREET, 175TH, 173RD/IP95-18 Resolution R168-95 rejecting petition · · · · · · · · (, · · 12 VARIANCE/2721 134TH AVENUE NW Resolution R169-95 approving variance · · · · · · · · · · · · 13 COMPUTER PRESENTATION UPDATE Motion to accept specifications and to go out for bids · · · 13 METROPOLITAN COUNCIL/MUSA DISCUSSION · · · · · · · · · · · · · · 14 ORDINANCE III/SODDING AND SEEDING REQUIREMENTS Motion to approve · · · · · · · · · · · · · · · · · · · · · 14 WINSLOW HILLS 3RD HEARING NOTICE/PRESENTATION . · · · · · · · · · 14 Resolution R170-95 setting assessment hearing · · · · · · · 15 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · 15 MAYOR/COUNCIL INPUT North Metro Mayors' Association/Metropolitan Council tour · · 15 Externalities · · · · · · · · · · · · · · · · · · · · 15 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · 15 ~. ~-_. --- II < CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 5, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to . order by Mayor Jack McKelvey on September 5, 1995, 7 :00 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 TKDA Engineer, John Davidson City Engineer, Scott Erickson City Finance Director, Jean McGann city Planning Director, Dave Carlberg City Administrator, Richard Fursman< Others RESIDENT FORUM Winslow Holasek, 1159 Andover Boulevard - wanted to present some information on the assessment hearing for Winslow Hills 3rd. The Council agreed to add it to the Agenda as Item 14a. AGENDA APPROVAL . Add 14a, Winslow Hills 3rd Hearing Notice/Presentation; Move Items 5, 6, 7, 11 and 12 to Non-Discussion/Consent Items; Move Items 9, Amend Ordinance 8, Section 3.02/Definition/Family, and 14, Woodland Terrace Traffic Discussion, to Items 3 and 4 on the Agenda. MOTION by Jacobson, Seconded by Dehn, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA <. Item 5 Special Use Permit/Variance/7191 157th Avenue NW (See Resolution R157-95) Item 6 Special Use Permit/In-Home Beauty Salon/891 140th Lane (See Resolution R158-95) Item 7 Special Use Permit/In-Home Beauty Salon/840 l46th Lane (See Resolution RI59-95) Item 11 Approve Handling of Park Fund Expenditures Item 12 Adopt Preliminary 1996 Budget (See Resolution R160-95) Item 15 Approve Lower Rum River Water Management Organization Joint Powers Agreement Item 16 Approve Quotes/IP95-13/Hidden Creek North Park Item 17 Approve Security Light/Fox Meadows Item 18 Approve Quotes/Pavement Markings/IP95-17 Item 19 Release Development Contract Escrows/Pinewood Estates 2nd ($1,433.98) .......-. 1.1 Regular Andover City Council Meeting Minutes - September 5, 1995 page 2 (Consent Agenda, Continued) ,. Item 20 Reject Feasibility Report/IP95-11/181st Avenue West of Tulip Street (See Resolution R161-95) Item 21 Approve "No Parking"/Bunker Lake Boulevard Service Road & Grouse Street/IP93-30 (See Resolution RI62-95) Item 22 Accept Petition/Order Feasibility/IP95-19/13748 Round Lake Boulevard (See Resolution RI63-95) Item 23 Approve Change Order #1/IP95-3/Cracksealing (See Resolution R164-95) Item 24 Set Externalities Discussion Date (September 19, 6 p.m. ) Item 25 Amend Ordinance 19/5od Escrows . Item 26 Select Truth-in-Taxation Public Hearing Dates (November 29; December 13 as continuation if needed) Item 27 Approve Quotes/IP93-7/HVAC & Electric/Parts Only Item 28 Receive Petition/Order Feasibility/IP95-22/Verdin Acres (See Resolution R165-95) Item 29 Accept Feasibility Report/Order Public Hearing/IP95-22 (See Resolution R166-95) Item 30 Approve Ordinance Summary/Shore land Management Ordinance No. 108 Item 31 Approve Ordinance Summary/Therapeutic Massage/Ordinance No. 110 ,. Item 32 Approve 1996-1998 CDBG Program MOTION by Dehn, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES August 7, 1995, Special Meeting: Page 1, 3rd Paragraph, last line, correct lido" to "due II . August 15, 1995, Regular Meeting: Correct as written. August 15, 1995, HRA Meeting: Correct as written. August 21, 1995, Special Meeting: Correct as written. MOTION by Knight, Seconded by Dehn, approval of the August 7 Minutes as corrected. Motion carried on a 4-Yes, I-Present (Kunza) vote. MOTION by Jacobson, Seconded by Knight, approval of the August 15 Regular and HRA Meeting Minutes and August 21 Minutes. Motion carried unanimously. PRESENTATION OF BADGES TO NEW FIREFIGHTERS . Fire Chief Dan Winkel introduced Pat Thompson who has successfully completed the one-year probationary period and training in the Fire Department. Mayor Jack McKelvey presented him with his badge. ~. ~-_. --- I] Regular Andover City Council Meeting Minutes - September 5, 1995 Page 3 STATE SENATOR/PAULA HANSON State Senator Paula Hanson came to the meeting to become more aware of what the community is doing. She expressed appreciation for working with her and encouraged people to call her for assistance. Her capital number is 296-3219; home phone is 755-3533. PUBLIC HEARING: IP94-33/COMMERCIAL BOULEVARD EXTENSION . 7:14 p.m. Mr. Davidson reviewed the feasibility report for the extension of Commercial Boulevard from Thrust Street to the proposed Nightingale Street pIus the proposed construction of Nightingale Street between Commercial Boulevard and Bunker Lake Boulevard. He examined the cost breakdown of the two streets plus grading the entire area; the sanitary sewer, water and storm drainage designs; the easements yet to be acquired; the potential lot development of the entire commercial area; and the assessments for each parcel that would be benefitted. The proposed assessments include connection charges at the time they connect to the system. Wetlands are not proposed to be assessed in the parcels. Several Councilmembers felt the proposed assessments are quite high. Mr. Davidson stated the assessments run from $0.24 to $0.63 per square foot for the commercial property, which is very marketable. Mr. Carlberg explained the cost for the present Commercial Park was $1.30 per square foot in 1989. The Council chose to use TIF funds to mark down those costs by one-half. Land in the Commercial Park has been sold at $.65 per square foot, and in some cases negotiated to as low as $0.55 per square foot. Mr. Davidson stated the Council can choose to discount these assessments in order to market the property as was done in the first Park. . Councilmember Dehn again stated she felt the assessments are excessive. There are businesses on these properties which are taxed as such. Mr. Davidson noted that the proposed assessments are only one-half of the cost of the improvements. The other half is proposed to be paid for from TIF funds. The Council can also choose to reduce the size of the project or put in the improvements and pay for all of it with TIF funds. The hearing was opened for public testimony. 7:41 p.m. James Liesinqer, 4625 43rd Avenue S - agreed with the Council that the assessments are excessive. It floors him to think his two acres will be assessed $54,000. Since the City of Andover will be reaping big benefits from the commercial development, he didn't see why the eight property owners have to pay half of the cost. That much for assessments will drive them out of business, and the City gets big benefits. He asked the Council to put themselves in his place of a potential $54,000 assessment. What happens if he does not develop? Mr. Davidson explained all improvements are assessed against the property, not to the individuals or the use. The costs are being spread evenly over the entire area, and one-half of the cost is being paid for by TIF funds. Mayor McKelvey stated in the past the Council has taken action to defer the connection charges for three years or until development occurs. That would be decided at the assessment hearing. ,. .. _._.- 'I , . Regular Andover City Council Meeting Minutes - September 5, 1995 Page 4 (Public Hearing: IP94-33/Commercial Boulevard Extension, Continued) M. R. Olson - stated he paid over $70,000 to the City for sewer and water over the last ten years, and now he is being asked to pay another $153,000. That is about $26,000 per acre for sewer and water. He did not know the specifics of the assessments because he did not have a feasibility report. He asked that he be provided with a copy of one tonight. Mr. Davidson agreed. Mr. Olson - stated this has been a TIF district for a long time, thinking the TIF money was to be used for the installation of City sewer and water. If the City wants it in, put it in with those funds. The City has had his money and others for the past ten years, and he felt this is outrageous. He's opposed to the project. JoAnn wilber , 13608 Jay Street NW - asked who would bert"efit from Nightingale? It doesn't benefit her at all. She thought the City owns less than 35 percent of the land for Nightingale. The rest is owned by individuals. In 1987 she was assessed for the trunk line going down Bunker Lake Boulevard, and it was the first time anyone was assessed when the line did not go by their property. She has been paying the $25,000 assessment, has no benefit from it and never wanted it. This will just be another assessment that will be an awful burden. No one has said they are interested in purchasing her property or what is happening out there. This is what they want to know. James Dahlquist. representinq Marian and Richard Heidelberqer and ATV - ' his clients go on record as being opposed to this project. They do not feel they will benefit from the proposal. It burdens them and would force those with less means off their property. He has a concern because he was lead to believe the proposal was just the extension of Commercial Boulevard. He thought if people had known that it also included the construction of Nightingale, others would have been here tonight. Richard Heidelberqer - didn't understand why the Liesinger property is being assessed $54,000 when the road doesn't even touch his property. How will it benefit him when his property is three lots from the proposed road? Mr. Davidson explained this is being looked. at as one total commercial park from Thrush to Nightingale with the costs levied uniformly over the entire area. If the City owns all of the property, it could be graded and developed all at one time. Mr. Heidelberqer - stated the extension of Quinn Street as shown cannot be done without either taking property from Mr. Liesinger or going through a wetland. There is no room for the road as shown without going through the wetland, which abuts the side of the Liesinger property. Again, he didn't know how that property could be charged $54,000 for a street that cannot go through there. Mr. Olson - was disturbed that in 1985 or 1986 he was told that wetlands were not assessed. He asked to exclude the wetland on his property and was told he could fill it and make it buildable. So he has been paying on all of his property, even the wetland, for ten years. Now he can't ¡ I Regular Andover City Council Meeting Minutes - September 5, 1995 Page 5 (Public Hearing: IP94-33/Commercial Boulevard Extension, Continued) fill the wetland and is getting hit again with more assess~ents. He didn't think he could get assessed twice for City sewer and water. Mr. Davidson explained the property is adjacent to Thrush Street and Bunker Lake Boulevard and was assessed in 1987 for the area charges for sanitary sewer and water. That area charge is not being assessed again. MOTION by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. 8:00 p.m. The Council discussed the assessments and the proposed proj ect. Councilmembers Dehn and Kunza felt the assessments were high, and the , Mayor responded that in the past, the City negotiated for the purchase of the various properties plus the cost of the assessments. The property owners did not see a loss as a result of the assessments. Councilmember Dehn suggested the project not be done until the City has purchased the property. She didn't see these assessments as encouraging business in the City. Counci1member Jacobson reviewed the City's policy taken by the last three or four Councils to clean up the junkyard area with the use of TIF funds. At this time, he is only in favor of completing Commercial Boulevard, which reduces the cost of the project and the assessments substantially. He stated it is a wash whether the properties are purchased first, then the project done, or whether the project should be done first. Either way, the City assumes the assessment liabil~ties when the properties are purchased. The question is whether the City wants to clean up the area, make it more accessible to other types of businesses, and increase the tax base in the City. Only one-half of the cost is charged to the property owners. He didn't think it would be right to pay for the entire cost with TIF funds, as the property becomes very valuable with the improvements. Once it is known what will happen with the City's attempt to purchase some of the other parcels in the area, the construction of Nightingale and Quinn Street can be considered. Mayor MCKelvey agreed that Nightingale should not be constructed at this . time, as the City only owns one piece of property on one side of the proposed road. He would like to see those streets constructed in the future, but for now he did not want to force anyone to sell their property. He was also concerned about the assessments to the properties that do not abut the proposed roads, such as Mr. Liesinger. In the case of Mr. Olson, the result is the property would be assessed on all four sides for streets, which the Mayor found unreasonable. Nor did he think the assessments as proposed are fair. He has repeatedly told the property owners that the City does not want to force them to sell. He'd prefer to have commercial Boulevard constructed now with the assessments to be paid at the time the property is developed. Councilmember Jacobson noted that is a decision to be made at the assessment hearing. MOTION by Jacobson, Seconded by Knight, the Resolution prepared by Staff ordering the improvement with the following change: that the Resolution only pertain to the construction of Commercial Boulevard for streets, sanitary sewer, watermain, storm drain and appurtenance; and thereto the estimated price of $703,600 as opposed to the original project as presented of $1.2 million. (See Resolution RI67-95) Motion carried unanimously. 8:15 p.m. . ~-'f-- -~-_._-- ---- I Regular Andover City Council Meeting Minutes - September 5, 1995 . Page 6 PUBLIC HEARING: MODIFICATION OF TIF DISTRICT 8:15 p.m. Mr. Fursman explained the plan is being modified in order for the City to purchase property in the salvage yard district and to construct Commercial Boulevard and do other improvements. The intent is also to look at expanding the opportunities to expend TIF funds for projects deemed important to the City, such as parks, trail development, streets and public utilities. Mayor McKelvey opened the h~aring for public testimony. There was none. MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 8:17 p.m. MOTION by Jacobson, Seconded by McKelvey, on Item 2, move that the City Council approve the modification of the TIF district to allow for the expansion of the TIF area and provide for a four-fifth vote to approve expenditures in the expanded TIF district. Motion carried unanimously. Mr. Fursman reported it has been discovered there is an agreement with Andover Limited Partnership in the original TIF agreement for the Shopping Center area. In that agreement, the shopping center guarantees a minimum assessed valuation of $3.6 million on which taxes will be generated. He will be seeking Council approval at the next meeting to cancel that agreement. It means if the valuation falls below that, the - City would collect less Tax Increment from that area; however, with the improvements to McDonalds and to the shopping center itself, it is not likely to decrease in valuation. The reason for cancelling the agreement is to be able to sell the TIF bonds as nontaxable, which will result in a substantial savings over the life of the bonds. ,. AMEND ORDINANCE 8, SECTION 3.02/DEFINITION/FAMILY Councilmember Jacobson felt the proposed change to the definition of "family" is opening the door to a lot of problems. It opens the single family area to any number of unrelated people in one house, and he thought most people buy homes in those areas thinking of the nuclear family. It leaves the City with no control because there are no density requirements or square-foot living requirements in the ordinance. If the ordinance is changed, he suggested looking at the significant impact it will have on the other ordinances and change them first for controls . to avoid problems. He thought this would make all zones multiple family. Councilmember Dehn agreed. While she agreed in theory with a cohesive family situation such as the Riordans and Burns, it may not be easy to carry out in the social environment. As proposed, three, four or five families could live in one house and be called one family. In effect, this allows group homes without a Special Use Permit. councilmember Kunza also agreed. Mr. Carlberg explained the Planning Commission had recommended not changing the other ordinances at this time. The definition is interpreted to mean a single housekeeping unit, not separate units as in the multiple family zones. Mayor McKelvey argued in many ar~as of the ~.__..- -. . ~- - --- --- - .......- I · Regular Andover City Council Meeting Minutes - September 5, 1995 Page 7 (Amend Ordinance 8, Section 3.02/Definition/Family, Continued) country these types of living arrangements are being allowed as the price of housing increases and people are not able to support themselves on their own. Otherwise some people are never able to get ahead. He . noted an example shown on TV's "60 Minutes" of two divorced gentlemen, one with two children, one with three children, living together, sharing parenting and finances. The City's current ordinance would not allow that. Councilmember Jacobson didn't think the definition of "family" needs to be changed to resolve someone's financial problems. There are other ways to solve financial problems. Mayor McKelvey had some reservations about the proposed wording in the new definition, suggesting possibly such arrangements could be allowed by a Special Use Permit. Councilmember Knight had some reservations about the proposed definition of "family", but he was also concerned with the existing definition as he found limiting to fi've people arbitrary. Given the nature of the courts' rulings, he questioned whether the existing definition is legal. He would not be adversed to looking at allowing these living arrangements by Special Use Permit. Councilmember Jacobson thought it could be controlled with a density provision in the ordinance to allow so many square feet per individual usage. The courts have opposed looking at only relationships, but he thought they would be more inclined to uphold the provisions based on density. Councilmember Dehn agreed the definition of B is not the best definition. By incorporating B of the existing definition and B of the proposed definition, possibly with some concrete density figures, some alternative could be found. MOTION by Jacobson, Seconded by Dehn, that we send it back to the Planning and Zoning Commission to research some alternative language and to consider potential changes in other Andover City ordinances if the definition of "family" were changed and report back to the Council what the ramifications of those changes would be and the changes that would be required under this new definition. Any action by the City against families at this time would be placed in abeyance until a decision is made by the Council. DISCUSSION: Robert Riordan - stated Councilmember Jacobson's objection ~o the new definition is that 15 people in a single family home would be considered a family. However, under the existing definition, 15 or 20 people who are related, that is large families, are already allowed. He's from a large family, though the aunts, uncles and grandparents did not live with them because of the size of the house. In their situation, the house was a group home with seven bedrooms on over two acres of land, and it can support this number of people. The Planning Commission seemed to feel the proposed definition fit in very nicely with the existing City ordinances. He also suggested under the existing definition B, if the wording is changed to five "adults", excluding the offspring from the number of people allowed, the concerns would be alleviated. One of the concerns was traffic, parking, and off-street parking; and their property can handle it. Mr. Riordan was also frustrated because the actions of the Council is exactly what happened two months ago, and they and the children are now once again wondering what is going to happen. II Regular Andover City Council Meeting Minutes - September 5, 1995 Page 8 (Amend Ordinance 8, Section 3.02/Definition/Family, Continued) Sabra Burns, 4100 160th Lane NW - interpreted the current ordinance definition to mean that families with children from previous marriages and children common to the new marriage could not legally live together. Two women with more than two children could not be allowed to live together under the existing ordinance. Two months ago they came before the Council, and the things said tonight were said then. Their children just started school, and she submitted to the Council that this is an unfair stress put upon their large family. They bought the house because it held 15 people and because they are two families of 9 people. . They have known each other most of their lives, love and respect each other, raise their children together in a co-parenting manner, have spent thousands of dollars to remain together in this house, have spent countless sleepless nights and spent a great deal of effort. Motion carried unanimously. WOODLAND TERRACE TRAFFIC DISCUSSION Mayor McKelvey provided a brief background of the process to date on resolving the speed and traffic situation in Woodland Terrac~. At the last meeting, the Council thought the problem would be resolved by temporarily installing a choker on Narcissus Street NW at Marigold Street NW. The City has since received a petition signed by 188 residents opposing that decision. He too had reservations about the choker, as he has always supported having more than one entrance to a development. He has been talking to the school district in an attempt to have the children from the development bussed to school. He's also talked with many people from the neighborhood to resolve the problem. Many of the problems seemed to have started when the street was opened to Coon Rapids while the construction was taking place there. The traffic patterns established at that time to travel through the development seem to have remained. He is also working with Coon Rapids in an attempt to close that street again, but the reason given for keeping the street open is that the development is not yet completed. His concern is that a choker only moves the problem to l33rd and l34th. Councilmember Jacobson asked about speed bumps. Mr. Erickson stated they are legal; however, when talking about solutions with the neighborhood committee, it was felt speed bumps would slow traffic down but not eliminate it. Councilmember Jacobson thought if traffic is slowed down enough, it will make the alternative route on Round Lake Boulevard and Bunker Lake Boulevard more attractive. Councilmember Dehn.testified that speed bumps do work and it may be the answer. It also means that those in the neighborhood will have to go over the speed bumps as well. Tom Roqers, 3453 133rd Lane - stated no one denies there is a problem on the north end, and the traffic and speed is a problem throughout the development. There are 45 households on the north end and 132 on the south end of the choker. The choker would require 132 houses to exist out on 134th and 133rd, and they are forced to use 133rd Lane to enter '. I II Regular Andover City Council Meeting Minutes - September 5, 1995 Page 9 (Woodland Terrace Traffic Discussion, Continued) due to the median on Round Lake Boulevard. He did not think a choker will reduce traffic but simply reroute it and add to the problems they already experience on the south end. He also thought some of the traffic on the north end goes down Orchid, so not all of it is on Narcissus. Mr. Erickson stated additional traffic counts were taken. They found the traffic on Narcissus was 886 vehicles per day, similar to the original count. There were 750 vehicles per day on 133r~. Mr. Roqers - stated the numbers are not that far apart between the north and south end, and are even closer if Orchid Street is factored in. He asked that Narcissus be left open, leaving the Bunker Lake outlet open and accessible to all Woodland Terrace residents and allowing for an even distribution of traffic. He was never approached to work on a solution and found out about this decision about two weeks ago by accident. When he was asked to resolve the situation then, his first objective was to get the choker decision rescinded. He is willing to work with other residents to come up with a better solution. Todd Trovinski, 13538 Narcissus - thanked the Council for attempting to solve the problem three weeks ago. They have worked with the Staff for 16 months. Following the decision on the choker, it came to their realization that many people were dissatisfied. He reviewed the events that started on July 29, 1994, when a petition was circulated recognizing there is a traffic problem. Their primary concern was safety because most of the children are not bussed to school. The original petition had suggested six solutions. City Staff and residents studied the situation for 14 months, and the solution of choking the street was favored because it rerouted the traffic. The Council agreed to that on a temporary basis on August 15. Not all of the residents were informed of proposal because it was only for a six-moI'ith trial, though it was one of the original solutions. He understands that none of the people opposing the choker are willing to make a commitment to sit on a committee to represent their group, but that their only concern is to block the choker, not solve the traffic problem. He stated several of the people who signed the petition opposing the choker were told it would cost the residents between $10,000 to $15,000, which is a false statement. He questioned the validity of that petition. Others have stated they felt they should have been informed about the proposal of a choker; however, he did not think it was their responsibility to inform 195 households in the subdivision of a decision made by the City Council. He went on that some of the negative comments has accused them of not properly supervising their children. He was angered by that, feeling all parents in Woodland Terrace are good parents. The children do not play in the streets, but they do travel to and from their friends, to and from the park, etc.; and they deserve a safe environment in which to do so. Their position has always been that of safety. With the choker, he counted seven entrances to the south and west of the development, but only one on the north side. The choker should go in as planned for six months. After that, study the traffic again to determine if their goal has been achieved. They are willing to develop alternative solutions if the choker doesn't change traffic patterns or creates problems elsewhere. ,. II ,. Regular Andover City Council Meeting Minutes - September 5, 1995 Page 10 (Woodland Terrace Traffic Discussion, Continued) Mary Edholm, 13640 Orchid - stated she goes to Walmart through the neighborhood on 133rd, but wouldn't go that way if there was a choker. . Most of the people on Orchid go that way to avoid the stop lights by Festival. Young drivers go right through the stop signs where the choker is proposed. Narcissus becomes a straight away, and that is where they start racing through the development. Her children can ride their bikes around the block until 3 o'clock in· the afternoon. Once school is out, the volume and speed of traffic makes it unsafe to do so. It is a safety issue, and the choker would result in much less traffic for everybody on Narcissus. There are seven other entrances and exits to the south. Mayor McKelvey noted the numbers indicate if the choker is installed, the results would be 480 cars per day going out Narcissus on the north, and 1,320 vehicles using the other exits to the south and west, which doesn't really solve anything. ,. Chris Hoqert, 13650 Mariqold - was concerned about the safety in her back yard and the cars going through it! Her son cannot play in the back yard without her watching because of the traffic. Something has to be done. Why should Andover residents bear the traffic that comes from the commercial area in Coon Rapids? Kellie Duff , 133rd Lane - was not aware of the petition and would not have dreamed that the City would install a choker in the middle of an existing development. She didn't know how much the traffic volume can be reduced because much of it is neighborhood traffic. There is some through-traffic, but a large part of it is their own. There are other concerns if the choker is installed, such as 133rd being a straight shot, the lack of a traffic light on Round Lake and 133rd, the high volume of traffic that already exists on 133rd, and the inability of the street to take the bulk of the development's traffic. The choker is not the solution. Michele Martell, 134th and Rose - felt the choker as proposed would create a bigger problem of speed through their area. A choker will not solve the problem for the area. . Mark Daqen, 13330 Mariqold - is in favor of correcting the problem. When the exit to Coon Rapids was closed, there was little traffic past his house. Possibly the choker is not the best solution, but the problem needs to be corrected soon. It is a very dangerous neighborhood. He'd like to see the road to Coon Rapids closed again. Mrs. Trovinski - stated it is obvious there is agreement that a very serious traffic problem exists within the development. They did try to get a committee together in the last two weeks to present some other feasible solution. The original committee did try to take everyone's viewpoint into account, and she apologized for any oversight they have made, It has never been their intent to make the problem worse for someone else, nor did they mean to make anyone angry. One option may be to place two chokers within the development to disperse the traffic, one on Marigold to the south of Lily Street and the other on Narcissus just JI Regular Andover City Council Meeting Minutes - September 5, 1995 Page 11 (Woodland Terrace Traffic Discussion, Continued) south of the pumphouse. Another solution may be breakaway pos~s between Coon Rapids and Andover to stop that traffic. That should only be done if there is also agreement to eliminate two of the entrances and exits onto the service road that empty onto Bunker Lake Boulevard. That would make it less convenient to cut through to the access road and down through their development. She asked the Council to make a decision tonight to resolve their problem. Mayor McKelvey noted the accesses to the service road will be reduced when Bunker Lake Boulevard is upgraded, though the City may be able to persuade the county to close them now. Rich Thompson, 3422 134th Avenue - thought if the choker is wide enough . to get a squad car through, many other cars will go through as well. If they don't stop for the stop signs, they will not obey the signs for a choker either. To stop the traffic, put in concrete barricades and shut off Poppy Street at the Coon Rapids border for about a month. Most of the traffic is the neighbors driving in and out themselves. Mayor McKelvey thought the best solution would be to have six police cars patrolling 14 to 15 hours a day for a period of time. Mike Steinhouser - enjoys doing business in Andover; however, he also needs the people in Coon Rapids, Ramsey and Ham Lake to survive. Any kind of barrier that will cut people off from the shopping center will cause a loss in customers. He related the enormous problem'with cars traveling behind the shopping center during the construction on Round Lake and Bunker Lake Boulevards, which reduced only slightly after the construction was completed. They installed speed bumps, and the problem was resolved. Speed bumps work. He didn't think a choker will do any good other than to alleviate the problem for the people on the north end. Chris Rodirquez, l34th and Narcissus - related the problems he has had with cars and snowmobiles running through his yard even though there is a stop sign on the corner. A choker will not eliminate the problem. He suggested the problem should be readdressed and a solution brought to , the Council that the entire development agrees to. Councilmember Knight stated he spent two hours in the development and saw many of the problems raised this evening. The problems cannot be resolved with the attitudes that exist this evening, but he felt a solution can be found and needs to be found quickly. He suggested a committee be formed to come back with a proposal in two weeks. The Council considered possible solutions. Attorney Hawkins advised the City has the right to close off its own street to Coon Rapids after giving proper notice, signage, etc. Councilmember Jacobson stated he timed himself and found it to take 1 minute 30 seconds to get trom 133rd on Round Lake Boulevard to the Narcissus exit off Bunker Lake Boulevard. Councilmember Dehn also noted that much of the traffic is from within the development itself because the development is so large. The residents themselves need to respect each other, other properties and the law. , I Regular Andover City Council Meeting Minutes - September 5, 1995 Page 12 . (Woodland Terrace Traffic Discussion, Continued) Mary Ann Huahes, Narcissus - wanted the entrances to the service road cut off if the exit to Coon Rapids is eliminated. Another resident explained how the traffic flies off Bunker Lake Blvd., angles onto the service road and down through their development. Marae Perry, Narcissus - asked the Council to give serious consideration to speed bumps. She admitted she has to be very cautious about her speed down Narcissus because it is such a straight away, and it is easy to reach 35 or 40 mph, which is too fast. . Mr. Erickson stated he has not begun the process to install the choker because of the calls from residents since the last meeting. Councilmember Jacobson agreed with the suggestion of forming a committee to come back with a proposal within two weeks. If they do not reach a solution, he thought the Council action taken at the last meeting to install the choker temporarily should stand. That should be an incentive for the committee to reach some agreement within a short period of time. MOTION by Knight, Seconded by Dehn, that we ask for a committee of six to nine people from the development to sit down with Scott Erickson and have some recommendation for us by the 19th of September. DISCUSSION: There were some discussions, arguments and accusations among residents; and the Mayor asked that they address the Council, not each other. One resident expressed concern that those in favor of the choker could then just stall. Another resident stated the choker is not the issue, resolving the problem is; and they would be willing to work to that end. Mr. Erickson stated he would have a sign up sheet for those interested in being on that committee. The Council noted the issue of the choker is put on hold until the next meeting. Motion carried unanimously. ACCEPT PETITION/NAVAJO STREET, 175TH, 173RD/IP95-18 ,. MOTION by Jacobson, Seconded by Dehn, that we reject the petition for Navajo Street and 175th and 173rd for lack of the proper number of individuals who have signed the petition which are property owners abutting the road. (See Resolution R168-95) Motion carried unanimously. {Because of the noise in the Council chambers when the motion was made, the residents present for this item did not hear it. The following discussion took place in the middle of the next agenda item.} Several residents pointed out the petition was to repave Navajo and to . blacktop 175th and 173rd. Navajo was paved about 20 years ago. They noted comments made by the person who generated the petition; one did not want to repave Navajo nor cared about the drainage that affects her property; one gentleman was concerned with putting 173rd and 175th back to the centerline, plus there was a desire to have some improvement done to the dirt roads because of the extreme washboard condition if it is not going to be paved. The Council still felt they did not want to do a project where the majority did not want to spend the money for blacktopping. Mr. Erickson stated they can look at relocating the roads closer to the center. He will also review with Public Works what can be done on the dirt road, such as adding Class 5 Plus. . ~. _..- -. - I <- Regular Andover City Council Meeting Minutes - September 5, 1995 Page 13 VARIANCE/2721 134TH AVENUE NW MOTION by Knight, Seconded by Kunza, to move the Resolution. (See Resolution R169-95 approving the variance request of Doug and Beth Frye) Motion carried unanimously. . The Council asked that the Planning and Zoning Commission look at the definition of accessory structures. They felt the Commission raised a good point on the problem of defining a detached garage as an accessory building when the City requires at least a two-car garage, which if attached, is not considered an accessory structure. COMPUTER PRESENTATION UPDATE Mark Smith of Superior Computer Systems presented copies of the draft specifications for a new computer system. His goal is to get ~hem ready to go out for bids by Friday of this week. He highlighted several items in the specifications to protect the City and meet the requests of the Council on specific items. He will be pricing products prior to the next meeting to serve as a bench mark for the bids that come in. Councilmember Jacobson questioned the need for a monitor on every file server. He also asked about the source of funding and was uncomfortable approving specifications that are this extensive for such an expensive product without having time to fully review them. Mr. Smith noted it would provide for a spare monitor but acknowledged it may not be necessary to have a monitor on every file server. At this point he was not sure of the process that will be used to download information from the existing system to the new one. He is still researching that item. Ms. McGann reviewed several sources of funding from the 1995 General Fund budget, the Water Fund and the Permanent Improvement Revolving Fund, totalling $160,000. If additional funds are needed, the excess can be taken from the Permanent Improvement Revolving Fund without jeopardizing the fund. Councilmember Jacobson felt it is important to retain the right to reject any and all bids in total or on a line-by-line basis. He also felt the suggestion of providing laptops for the Council~embers be pursued so agenda material would be provided on disk to each member. In addition, he felt the system should provide the capability of communication with the citizens. The other Councilmembers did not feel as knowledgeable in this area. Because action would be only to go out for bids, they suggested it be done with the understanding that Councilmember Jacobson would review the specifications further and convey any suggestions or concerns to Mr. Smith prior to them being let for bids. Mayor McKelvey asked for a motion to accept the bid specifications and to go out for bids, with the condition that Councilmember Jacobson will review them further. MOTION by Dehn, Seconded by Kunza, to so move. Motion carried unanimously. I Regular Andover City Council Meeting Minutes - September 5, 1995 Page 14 METROPOLITAN COUNCIL/MUSA DISCUSSION Mr. Carlberg informed the Council that the Planning Comm1ssion has scheduled a public hearing for September 12 for the extension of the Metropolitan Urban Service Area boundary. Copies of the proposed expansion of the MUSA line in five-year increments were before the Council. Councilmember Jacobson asked if the Council can delay development of a parcel until the last year or two of the scheduled five-year increment and now allow it to be developed the first year or two of that time period. Attorney Hawkins stated the City has the right to set up orderly development and to prevent leapfrog development. One area can be denied if there is a good reason and it is determined that another area would be more suitable. If the philosophy is to allow only so many acres each year, not everyone can come in that first year. Mr. Fursman stated the City would control how many acres would be developed per year. The plan has ranges of development periods and does not mean all the land will be developed the first year of the period. No Council action was required. APPROVE ORDINANCE 111/S0DDING AND SEEDING REQUIREMENTS Mr. Carlberg stated the Staff receives about a dozen calls a year complaining about the lack of established lawns by adjacen~ property owners, and the number of complaints seems to be increasing. He noted Section 7, Penalty, should state "A violation of this Ordinance shall constitute a misdemeanor as defined by State law as amended." This does not affect large lots, only City urban lots private property and not boulevards which are already regulated. Councilmember Dehn thought City government should not get involved with personal feelings, but this could also be a medical detriment for some neighbors. MOTION by Jacobson, Seconded by Dehn, the ordinance for the establishment of lawn requirements for residential districts. Motion carried on a 4-Yes, I-No (Knight) vote. . WINSLOW HILLS 3RD HEARING NOTICE/PRESENTATION Winslow Holasek - explained he received the letter from is attorney regarding the new special assessment hearing for Winslow Hills 3rd Addition. The notification for the first meeting was only 10 days as opposed to the required 14 days. He presented a September 5, 1995, letter with a packet of information to the Council and hoped he could come to some understanding. If so, he would not pursue the matter in court and would waive the public hearing. Mr. Holasek re~iewed the letter, highlighting the specific items that he felt proved that not all areas within the storm water district paid $.04 per square foot as he is being charged. If the City would reconsider the assessment and assess the actual costs, he would drop the lawsuit. He suggested the City hire an outside person to audit the entire storm sewer district and determine whether he or TKDA is right. i Regular Andover City Council Meeting Minutes - September 5, 1995 Page 15 (Winslow Hills 3rd Hearing Notice/Presentation, Continued) In discussions with Mr. Holasek, the Council indicated they would be willing to hire an outside expert to audit the storm sewer district calculations if Mr. Holasek would agree to pay half of the cost to do so and would agree to be bound to the decision of the auditor. At this point, no one knew how much that cost would be. Mr. Holasek - stated he would give the proposal serious consideration and talk with his attorney. Attorney Hawkins asked for an answer by Friday of this week. Time is of the essence as the matter ls set for trial in 60 days. Mr. Holasek stated he would try to do that. MOTION by Jacobson, Seconded by Dehn, that the Council authorize the City Administrator, City Clerk and legal counsel and whomever needs to advise in the legal matters of the City for a public hearing on Project 93-5 for the assessment hearing to remedy a defect in the original meeting; hearing to be held the first meeting in October, 1995. (See Resolution R170-95) Motion carried unanimously. PAYMENT OF CLAIMS MOTION by Knight, Seconded by Jacobson, approval of the Claims. Motion carried unanimously. MAYOR/COUNCIL INPUT North Metro Mayors' Association/Metropolitan Council Tour - Mr. Fursman informed the Council that members of the North Metro Mayors' Association and the Metropolitan Council will be touring the North Metro area communities on September 13. · Externalities - Mr. Fursman reminded the Council of the special meeting to discuss externalities at 6 o'clock, Tuesday, September 19. MOTION by Jacobson, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting was adjourned at 12:08 a.m. Respectfully submitted, ~ì\~'~~-lt~C~L Marcella A. Peach Recording Secretary . .. .- . -