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HomeMy WebLinkAboutCC August 4, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 egular City Council Meeting - Tuesday, August 4, 1998 agenda 6:00 - Bus Tour Call to Order - Following the EDA Meeting scheduled at 7:00 PM Resident Forum Bookmark Agenda Approval Name Approval of Minutes minutes Discussion Items I. Public Hearing/98-ll/Jay Street NW/Continued ph9811 2. Public Hearing/98-13A!Fox Meadows ph9813a 3. Approve Plans & Specs/98-l3A!Fox Meadows apr9813a 4. Award Bid/98-J3/Fox Meadows/Streets bid9813 5. Amend Andover Comp Plan/Section 23/Ashford Dev. Corp., Inc. Continued com plan 6. Rezoning/Section 23/Ashford Dev. Corp., Inc. Continued rezoning 7. Discuss Ordinance 109 (Snowmobiles) ordl09 8. Discuss Slow-No-Wake Ordinance Update/Rum River Continued nowake 9. Train Whistle Blowing Ordinance whistle 10. Special Use Permitl98-II/Mining Permit, Sect. 3/Tony Emmerich Construction, Inc. sup9811 II. Amend Andover Comp PlanlLand Use Plan - OS and RU to P/Sect. 22/City of Andover cplanduse 12. Rezoning/R-I to R-4/Sect. 22/City of Andover rltor4 13. Declare Costs/93-30/Bunker Lake Blvd NW Service Road dclr9330 14. Accept Assessment RolVOrder Hearing/93-30/Bunker Lake Blvd. Service Road acpt9330 IS. Discuss Feasibility/Pedestrian Underpass/Overpass oupass 16. Development Update/MUSA musa Staff. Committees. Commissions 17. Set Work Session/Bunker Lake Blvd NW Reconstruction/98-I7 work9817 Non-Discussion/Consent Items 18. Special Use PermitlInstitutional Sign/13655 Round Lk Blvd NW/ sup9812 Grace Lutheran Church 19. Amend Ordinance No. 10/Sect. 9.07/Park Dedication ordl0 20. Approve Final PlatlShadowbrook 4th Addition 21. Waive Public Hearing/Adopt Assessment Roll/97-38/l4056 Raven St. NW adpt9738 22. Order Plans & Specs/97-5I1FencinglVarious Parks ord9751 23. Approve Plans & Specs/97-51/FencinglVarious Parks appr9751 24. Update of Agreements/97-43/Hills of Bunker LakeTrail updt9743 25. Update of No Parking/Green Acres Park greenacr 26. Approve Sale of All Used City Equipment/Vehicle, Old Office Equipment, etc. apprsale 27. Approve Final Paymentl97-l4 & 96-27/Prairie Rd./Bunker Lk Blvd. & Oak View Middle fpay School Trail/Hanson Blvd. 28. Approve Kennel License Renewal kennel Mavor/Council Input Payment of Claims Adjournment -... - ..----:. ..~-~._, , --. . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 4,1998 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL ..................................................... 2 CONSENT AGENDA Resolution R150-98 approving Special Use PermitlInstitutional Sign! 13655 Round Lake Boulevard!Grac e Lutheran Church. . . . . . . . . . . . . . . . . . . . .. 2 Amend Ordinance No. lO/Section 9.07/Park Dedication. . . . . . . .. . . . . . . . .. . . . . . .. 2 Resolution R151-98 approving final plat/Shadowbrook 4th Addition .............. 2 Resolution R152-98 waiving public hearing/Adopting assessment roll/ IP97-38/14056 RavenStreetNW ....................................... 2 Resolution R153-98 ordering plans and specs/IP97-51/FencingNarious parks ....... 2 Resolution R154-98 approving plans and specs/IP97-51/Fencìng/Parks .. . . . . . . . . . .. 2 Update ofagreements/IP97-43/HilIs of Bunker Lake Trail. . . . . . . . . . . . . . .. . . . . . .. 3 Update of No Parking/Green Acres Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Approve sale of all used City equipmentlVehicle, old office equipment, etc. . . . . . . . .. 3 Resolution R155-98 approving final paymentlIP97-14 and IP96-27/Prairie Road! Bunker Lake Blvd and Oak View Middle School Trail/Hanson Blvd .. . . . . . . . .. 3 Approve kennel license renewal (Blue Collar St. Bernards) ...................... 3 APPROVAL OF MINUTES ...................................,.............. 3 PUBLIC HEARING: IP98-Il/JA Y STREET NW ................................. 3 Resolution R156-98 approving the project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 PLANS AND SPECS/IP98-1l/JA Y STREET Resolution R157-98 approving final plans and specs ........................... 4 PUBLIC HEARING: IP98-13A/FOX MEADOWS ................................ 4 Resolution R158-98 ordering the improvement.. . . .. . . . . . . . . . .. . . . .. . . .. . . . . .. 5 Resolution R159-98 ordering plans and specs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Resolution R160-98 awarding bid to Bauerly Brothers. . .. . . . . . . . . . . . . . . . . .. . . .. 5 DISCUSS ORDINANCE 109/SNOWMOBILES .................................. 5 DISCUSS SLOW-NO-WAKE ORDINANCE UPDATEIRUM RIVER................ 7 Motion to adopt ordinance (only Zone 4 for slow-no-wake) ...................... 8 TRAIN WHISTLE BLOWING ORDNANCE .................................... 9 AMEND ANDOVER COMPREHENSIVE PLAN/LAND USE PLAN - OS AND RU TO P/SECTION 22/CITY OF ANDOVER Resolution R161-98 amending the Comp Land Use Plan. . . . . . . . . . . . . . " . . . . . . .. 9 REZONINGIR-I TO R-IISECTION 22/CITY OF ANDOVER Motion to adopt the rezoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 DECLARE COSTS/IP93-30/BUNKER LAKE BOULEVARD NW SERVICE ROAD Motion R162-98 declaring costs and directing preparation of assessment roll....... l() ACCEPT ASSESSMENT ROLL/ORDER HEARING/IP93-30 Resolution R163-98 accept assessment and setting hearing for Sept I ............. 10 DISCUSS FEASIBILITY/PEDESTRIAN UNDERPASS/OVERPASS................ 10 Resolution R164-98 ordering feasibilities ................................... 11 DEVELOPMENT UPDA TEIMUSA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 -to. ._~--_..-.-- --,---, -.. I Regular Andover City Council Meeting Minutes -August 4, 1998 Table of Contents Pageii LIGHTING/IP94-30/CITY HALL COUNCIL CHAMBERS Motion to return item to Staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 SET WORK SESSION/BUNKER LAKE BLVD RECONSTRUCTION/IP98-17 ....... 12 MAYOR/COUNCIL INPUT Agreements on trail usage, Bunker Hills. . . . . . .. . . " . . . . . . . .. . . . . . . . . . . . . . .. 12 APPROVAL OF CLAIMS .................................................. 12 ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 .. . -r- ~---_..._, ~. --. -.. I tì !"""""-'\'!' o..w CÖ\.i\': cvcl ... ....l..f \,';L \_, 'S-\'6 ~c¡<; CITY of ANDOVER REGULAR CITY COUNCIL MEETING - AUGUST 4, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, August 4, 1998,7:18 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. 1159 Andover Boulevard - stated he has always received copies of the agenda material without a charge. However, when he asked for copies of that material ITom the last meeting, he was told there is a $17 charge. Is the City going to have a policy of charging for agenda material now? Mr. Fursman stated there wìll be no charge if the item is directly related to the person or person's property. It is an administrative cost ofa nominal fee of$1 for printing costs. It was put into effect a couple weeks ago in an attempt to recoup some of the costs of printing the agenda material. Mr. Holasek - didn't think the City should charge for agenda material for someone who is interested. There are only three people that he is aware of that get the agenda material on a consistent basis. He asked for the Council's position on the item. The majority of the Council did not feel that residents should be charged for Council agenda material. They suggested Staff run off four or five extra sets of packets for the residents, and they could get them on a first-come, first-serve basis. If more copies are needed, there could be a charge for copying them. Mr. Holasek - asked where the soil is that is being excavated from the City Hall site to be used in the Commercial Park project. Mr. Erickson stated the project wìll create a storm water retention pond to the east of City Hall. That area wìll be lowered about three feet, though it wìll stìll be used for a soccer field. Mr. Holasek - felt that is false economy. That is expensive land that is being used for ponding, In contrast, if the Hanson Boulevard storm sewer system had been constructed as proposed, the cost would have beenonly $0.04 per square/oot. But now it is ee3ti~g 1 99 !i~~~~Y:~ ~e.HI!.t:. '-\-1tJ lJo1u.u t5r ,·¥\-\,-t \CI.....f\tl.J ...~,\Q.~ \J»~~ (\.~ ~,\,/ U~c{.Jl ~}'/ P)t~~JH:(.. I.;. '-V_u...·fI' 1(',,; '~"fc'f~ , . 0 ~CU:: Qri\()~.\·<""~. . ,,~ f 1"'\'\' "'_t. '- .. . --_._,- .~.._. -- Regular Andover City Council Meeting Minutes - August 4, 1998 Page 2 (Resident Forum, Continued) Dave ? . 16572 Sycamore - stated his family moved to Andover over eight years ago because they liked the privacy, peace and quiet. About seven years ago, dirt bikes without mufflers began racing over eight hours a day. Have unmuffled dirt bikes been a problem in Andover? What can the City of Andover do about them? The dirt bikes are on private land on two sides of them. Councilmember Orttel stated there was a problem several years ago, but he hasn't heard anything ITom the residents recently. Councilmember Knight thought the complaint would fall under the Noise Ordinance. Jane Bank. 16526 Sycamore - has been in that neighborhood for nine years. The dirt bikes were not an issue until the last couple years. There are dirt bikes on the property behind her on weekends, and it is very loud. They now also have residents to the south, and her home is 150 feet from where the trail is built. That property is 10 acres, but the dirt bikes go constantly for eight hours a day. It is so loud she cannot hear a person that is four feet from her when on her deck. They have asked the police to come out twice; but as soon as the police are gone, it starts up again. It is very nerve wracking, and she would like the Council to resolve the issue. There are three bikes at a time at the one location. She contacted the City of Coon Rapids, which has designated dirt bike paths that residents can use. She wondered if that is something Andover would consider. Mayor McKelvey stated Staff will review the ordinances and the City will have the Sheriff's Department look into the matter further. AGENDA APPROVAL Delete Item 5, Amend Andover Comprehensive Plan/Section 23/Ashford Development Corpon:tion and Item 6, RezolÚng/Section 23/Ashford Development, Inc., at the applicant's request. Delete Item 10, Special Use Permit/IP98-II/Mining Permit, Section 3fTony Emmerich Construction, Inc., at the applicant's request. Add Item la, Approve Plans and Specs/IP98-1 1/Jay Street NW, and Item 16a, Approve Lighting/IP93-40/City Hall Council Chambers. Motion by Knight, Seconded by Dehn, approval as amended. Motion carried unanimously. CONSENT AGENDA Item 18 Special Use Permit/Institutional Sign/I3655 Round Lake Boulevard NW/Grace Lutheran Church (Resolution RI50-98) Item 19 Amend Ordinance No. 10/Section 9.07/Park Dedication Item 20 Approve Final Plat/Shadowbrook 4th Addition (Resolution RI51-98) Item 21 Waive Public hearing/Adopt Assessment Roll/IP97-38/14056 Raven Street NW (Resolution R152-98) Item 22 Order Plans and Specs/IP97-5I/Fencing/Various Parks (Resolution RI53-98) Item 23 Approve Plans and Specs/IP97-5I/Fencing/Various Parks (Res. RI54-98) ..- -.. --. .. Regular Andover City Council Meeting Minutes -August 4,1998 Page 3 (Consent Agenda, Continued) Item 24 Update of Agreements/IP97-43/HìlIs of Bunker Lake Trail Item 25 Update of No Parking/Green Acres Park Item 26 Approve Sale of All Used City Equipment/Vehicle, Old Office Equipment, Etc. Item 27 Approve Final Payment/IP97-14 and IP96-27/Prairie Road/Bunker Lake Boulevard and Oak View Middle School Trail/Hanson Boulevard (Resolution RI55-98) Item 28 Approve Kennel License Renewal (Blue Collar St. Bernards) Motion by Knight, Seconded by Dehn, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES July 21, 1998, Regular Meeting: Correct as written. July 21, 1998, Special Meeting: Correct as written. Motion by KIDght, Seconded by Kunza, for approval. Motion carried on a 4- Yes, I-Present (Dehn) vote. PUBLIC HEARING: IP98-11/JAY STREET NW/CONTINUED 7:47 p.m. Mr. Erickson reviewed the concern of the Council at the July 21 meeting over the amount of assessments against the properties along Jay Street. The percentage of cost being assessed was based on the same policy used in the Bunker Lake Boulevard Service Road project in 1994. In researching the logic for the modified assessment, he could find no policy; but it appears the assessments may have been structured to facilitate the redevelopment of the area as it was a City- ilÚtiated project. Mr. Erickson stated if the assessment philosophy for this area has changed since then, it would be necessary to restructure the assessment and modify the feasibility report for this project. A separate hearing would then need to be held for the modified assessments. He reviewed three options for the Council as outlined in the agenda material. Councilmember Orttel felt the City needs to be very cautious about reducing the assessment in this area. Ifit is done here, why shouldn't it be done for everyone else as well? He recommended going ahead with the Jay Street project for the street and storm sewer portion of the assessment as proposed but order an amended feasibility report for the watermain and sanitary sewer portions, holding a new public hearing for those portions of the project. Mr. Erickson stated that way the project will stay on track for fall construction. The other Councilmembers also agreed with Option 3. Mayor McKelvey opened the hearing for public testimony. There was none. _M '--t- .__._...__._. _h ... .. Regular Andover City Council Meeting Minutes - August 4, 1998 Page 4 (Public Hearing: IP98-11/Jay Street NW, Continued) Motion by Kunza, Seconded by Oehn, to close the public hearing. Motion carried unanimously. 7:56 p.m. Motion by Knight, Seconded by Kunza, that we go with Option 3, approving the street and storm sewer portion and order an amended feasibility report for the water main and sanitary sewer portion. (Resolution R 156-98) Motion carried on a 4- Yes, I-No (Oehn) vote. Councilmember Oehn felt thìs is changing the policy after the fact, and she had a problem with not being consistent. Councilmember Orttel pointed out the assessment for the service road is not going to be changed, but he did not think the policy used in that project should apply to thìs one unless it can be justified. APPROVE PLANS AND SPECSIlP98-Il/JAY STREET Motion by KlÚght, Seconded by Ortte!, to so move. (Resolution R157-98 approving final plans and specs and ordering advertisement for bids for Project 98-11) Motion carried unanimously. PUBLIC HEARING: IP98-13A/FOX MEADOWS 8:00 p.m. Mr. Erickson reviewed the proposal to improve Fox Street NW which would be incorporated with the project being done to improve the other streets in the neighborhood. The petition is five of the seven residential lots in favor, one against and one unavailable. Two of the lots are City park. Mayor McKelvey opened the public hearing. Brad Siebold. 15801 Fox Street - is in favor of the project. He asked if it would be possible to pave the parking lot in the Fox Meadows park in conjunction with this project. Mr. Erickson stated that has not been factored into the project, but the Park and Recreation Commission should be approached. There could be a savings by doing it with this project. The Council suggested the Park Board consider paving the parking lot of the park with the project at this time as there would be a savings in cost and it would eliminate the dust that would still be blowing in the area. Mr. Siebold - asked the procedure for getting the 35-mph speed limit signs and children-at-play signs. Mr. Erickson stated Staff will look at the speed limit signs and children-at-play signs in conjunction with the project. Councilmember Orttel suggested instaIling "No through traffic" signs on either end of the road to discourage cut-through traffic. Motion by Kunza, Seconded by Dehn, to close the public hearing. Motion carried unanimously. 8:07 p.m. --.-.----¡-. ~____..__.__ -0- __. .. Regular Andover City Council Meeting Minutes - August 4, 1998 Page 5 (Public Hearing: 1P98-13A/Fox Meadows, Continued) Motion by KlÚght, Seconded by Kuma, introducing the Resolution presented this evening ordering the improvement of Project 98-I3A. (Resolution R1S8-98) Motion carried unanimously. APPROVE PLANS AND SPECS/IP98-I3A/FOX MEADOWS Motion by Knight, Seconded by Orttel, introducing the Resolution ordering the plans and specs for Project 98-13A. (Resolution R1S9-98) Motion carried unanimously. AWARD BID/IP98-I3/FOX MEADOWS/STREETS Motion by Orttel, Seconded by Kuma, the Resolution awarding the bid for the Fox Meadows project to Bauerly Brothers as presented. (Resolution R160-98) Motion carried unanimously. DISCUSS ORDINANCE 109 (SNOWMOBILES) Mr. Erickson updated the Council on the recommendation of the Snowmobile Task Force, which met on July 16, 1998. The new state law covers the regulation of metal traction devices on snowmobile tracks, in that they are not allowed on public lands, roads, trails or public road or trail right-of-ways. The other issue is the consideration of prohibiting snowmobiles ITom operating in the urban portion of the City and establishing 161st Avenue NW as the boundary below which they would not be allowed to operate. Councilmember Dehn had a concern with the ability to determine whether or not a snowmobile has metal traction devices on them, the amount of room in the right-of-ways where there are bituminous trails to allow snowmobiles to pass each other when going in opposite directions, and the uncompleted snowmobile trail to get them out of the City. Deputy Rick Kreyer. Anoka County Sheriff's Department - stated he is the recreational enforceraent officer for the Sheriff's Department. He's also been working with the Snowmobile Task Force. Under the current ordinance, snowmobiles cannot be within IS feet of any sidewalk. That probably precludes them from riding on the side of a road that has a traiL When the sun goes down, the law is that they must ride in the boulevards going with the traffic. Between that law and the distance requirement from the trails, it virtually eliminates the ability to ride snowmobiles along Hanson Boulevard. To his knowledge, the Snowmobile Club has not been successful in completing the snowmobile trail out to Hanson Boulevard. The trail goes to within SO feet of Hanson Boulevard right of way, but they have run into a stone wall with the land fill and the creek and they don't have the funds to construct a bridge. Snowmobiles that do have studs will have to carry a sticker indicating they are operating with studs, and enforcement officers will be able to look at the -----t· ---_..._,-_.. --- .. Regular Andover City Council Meeting Minutes - August 4, 1998 Page 6 (Discuss Ordinance 109, Snowmobiles, Continued) snowmobile and know whether or it has studs. They will be focusing their enforcement in the urban area, especially with regard to the bituminous trails. Councilmember Dehn stated the snowmobiles with studs are causing damage, and probably will continue to do so even with the new law in effect. She complimented the snowmobile club for doing an excellent job with education and time spent to make the sport safer and better for the commulÚty. Deputv Krever - stated the Sheriff's office commends the snowmobile club for their efforts. It was very good to work with them and they had moderate success in doing so. However, from a law enforcement standpoint, they would still prefer to see the line drawn at 161 st with no snowmobiling south of there. It makes their job much easier. The recreational officers are very familiar with all aspects of the snowmobiling law, but the general deputies are not. With no snowmobiling allowed south of 161st, not only the recreational officers but any officer would tag snowmobiles operating south of that line because they are not supposed to be there. The officers won't have to know all aspects of the law to enforce it. Also, with all of the bituminous trails on the south end of the City, not having snowmobiling there at all will reduce some of the destruction of those trails. It would also make it more difficult for people to come into the City from Coon Rapids; though the problem would be moved further north. Mayor McKelvey argued against the banlÚng of snowmobiling south of 161 st, stating the same ban in Coon Rapids has not reduced the amount of snowmobiling in Coon Rapids. It would also eliminate the use of the trail prepared by the snowmobile club, and the Sheriff's Department would, in all likelihood, lose the help of the snowmobile club. He felt a north-south trail is needed to get the snowmobiles out of the City. Deputy Kreyer - stated the problem with the east-west trail is that people cannot access it from the east side of the City. He realized that prohibiting snowmobiling south of 161st will not completely solve the problem, but it will help in the enforcement. But if the Council decides to continue allowing snowmobiling in the entire City, they are up to the challenge of enforcing the laws. In that case, another issue is the bituminous trails between the time of a snow fall and when they can be cleared by the plowing crew, which can be in excess of24 hours. Councilmember Orttel stated allowing snowmobiling south of 161 st will mean dealing with the issue of signing the trails for enforcement so people know the law when they are riding. He wondered if a solution might be to institute a civil suit against those committing flagrant violations to recover the cost of repairing the damage to the trail. Attorney Hawkins stated the laws are already in place to be able to confiscate the snowmobile if driving under the influence. The City could institute the confiscation of the machine in the event of a violation which results in damage to the trail. The machine can then be sold and the money used to pay for the repair of the trails. Councilmember Knight felt that there should be zero tolerance of violations Carolyn Fisher. Snowmobile Task Force member - stated the Task Force talked about the trail. The snowmobile club has put forth a great deal of effort, but they hit a road block on the creek involving Regular Andover City Council Meeting Minutes - August 4, 1998 Page 7 (Discuss Ordinance 109, Snowmobiles, Continued) a private land owner who will not give permission for the trail system to cross. The only alternative to get the trail out of the City is to possibly involve using City land. They understood Mr. Haas, the Assistant City Engineer, was going to talk to someone about the possibility of putting a bridge across the creek. Councilmember Orttel stated the City could look at land needed and its benefit to the City. He suggested the Park and Recreation Commission look at the amount of land along the creek that can be acquired for public purposes to get the snowmobile trail completed. Another idea may be to construct trails that could be used by horses in the summer and snowmobiles in the winter. Ms. Fisher - another concern is the trail on Hanson Boulevard, especially after dark. Councilmember Orttel understood that it is not allowed, so it would no longer be an issue. De'puty Kreyer - stated the City wìll have to heavily sign the bituminous trails for no snowmobiling and no snowmobiling on Hanson Boulevard after dark. The Council continued to discuss the pros and cons of allowing snowmobiling south of 161st Avenue. There was general agreement that the banning of snowmobiling ITom portions of the City will need to be done in the not too distant future; but for this coming year, no changes will be made. It was agreed that the situation will need to be closely mOlÚtored and agreed to review the issue again after one or two snow storms. They also asked the City Attorney to look at alternatives of confiscating snowmobiles after a certain number of violations or for flagrant violations. Mr. Erickson stated Staffwill work with the Sheriff's Department to see what signs are needed. He also agreed those signs need to be installed soon to make people aware of the laws. DISCUSS SLOW-NO-WAKE ORDINANCE UPDATElRUM RIVER CONTINUED Mr. Carlberg stated the Staff contacted several Andover residents who had expressed an interest in the Slow-No-Wake Ordinance proposaL They asked to be present this evening to address the CounciL Lvle Bradley - has lived on the Rum River since 1954. He is very much in favor of the proposed Slow-No- Wake Ordinance. There is a lot of erosion taking place very rapidly. Since building his house, he has lost 30 feet off the Rum River, which is approximately 4 acres ofland. And it is going faster all the time. He can see the soil go into the stream at least 10 feet when motor boats go by and the waves cut perpendicular into the bank. When measuring the erosion, one passing of a motor can take one inch of soiL Andover has very fragile soil, and it's time to address the Slow-No-Wake Ordinance. Anoka already has, and Ramsey is interested. He talked to people in Ramsey and in Anoka who would like the entire river to be under that ordinance. Councilmember Orttel noted Ramsey had initially said they wanted the entire river under the ordinance; but since holding their public hearing, they are only wìlling to go with the area from the Anoka city limit to 153rd Avenue, which is not acceptable to the Andover CounciL Regular Andover City Council Meeting Minutes - August 4. 1998 Page 8 (Discuss Slow-No-Wake Ordinance Update/Rum River, Continued) Mr. Bradley - understood some in Ramsey do not agree with the no-wake all along the river. He is saying ITom the perspective of protecting that body of water, it should be along the entire river. There are still jet skiis on the river in spite of the law, with one being in front of their house last Sunday. The Council discussion with Mr. Bradley was on the negotiations with the City of Ramsey to date, noting their position still is no further than 153rd. Possibly the City should approve that portion for now and continue negotiations on the other zones of the river. John Arndt. 4091 I 76th A venue - asked how the zones were created. Mr. Carlberg stated it was determined those areas are prone to erosion. Mr. Arndt - stated when he talked about those areas being subject to erosion, he was trying to point out that there will be erosion regardless of what the City does. He noted there is erosion all the way up to St. Francis, even though there are no motor boats or jet skiis up there. It isn't going to make a difference if there is a slow-wake policy to 153rd. He doesn't have a problem doing it as a compromise, but it will not prevent erosion from occurring. He also felt there will be an enforcement issue on the slow-no-wake provision of the ordinance. How will it be enforced? He talked to one City Councilmember in Ramsey who only wants this policy to go up to 153rd and no further. Nor does he want to see any more regulation above 153rd. Councilmember Orne! noted that because agreement is needed with Ramsey, all the City can do for now is institute the policy up to 153rd. However, more people are more concerned about the snowmobiles on the river tharl the erosion. Mr. Arndt - agreed, noting he counted only three boats on the river in his area, but there are several thousand snowmobiles. Deputy Rick Kreyer - stated enforcement is a matter of being able to be in the right place at the right time. They are more reactive; but it is difficult to enforce because by the time they get there, the violator is gone. The Sheriffs Department handles the enforcement on the waterways for the entire county. With an ordinance up to 153rd, there will still be violators. The contradiction is that it is critical that they be able to violate the ordinance themselves to enforce it. He asked that the ordinance does not apply when enforcing the ordinance. Motion by orne!, Seconded by Dehn, introducing the ordinance as presented, note that only Zone 4 of the four zones referenced would be in effect under the ordinance. DISCUSSION: Mr. Carlberg stated the ordinance will be forwarded to the City of Ramsey, who must adopt it as well for enforcement purposes. Staff will also monitor the situation. Mayor McKelvey suggested there be a yearly meeting to discuss this issue. Motion carried unanimously. . - . ~ -". ~- - ~.~- Regular Andover City Council Meeting Minutes-August4, 1998 Page 9 TRAIN WHISTLE BLOWING ORDINANCE Steve Feldman. 847 141st Avenue NW - read a copy of a letter dated July 24, 1998, he sent to the Engineer of Public Works for the Burlington Northern/Santa Fe Railroad Company relating to excessive whistle blowing in the early mOrlÚng hours and possible solutions to the problem. He also recalled several instances of blatant disregard to the residents and of their whistle blowing policies by the train engineers, the types and amount of whistle blowing by the various trains in the early mornings, and the frustration of the residents because of it. He was told the whistle blowing at intersections were to be two long and two short blasts. The residents are asking the Council to enact an ordinance that there would be no whistle blowing in the Andover City limits between 2 a.m. to 6 a.m. seven days a week except for life threatening situations. While they understand the railroad tracks were there before the residents, the area has now changed considerably; and they believe there can be a solution to the issue. He referenced similar ordinances of other cities, including St. Paul and Minneapolis. The railroads like to run trains at IÚght because there is less traffic. Then why do they blow the whistles like they do? They can't even open their windows in the summer because of the whistle blowing. He received SO signatures on a petition for an ordinance, plus 30 more after he turned in the petition, plus he could have gotten a lot more. Now it is time for the City to act to stop the excessive late night abusive whistle blowing. (Mayor McKelvey left the meeting at this time; 9:30 p.m. Acting Mayor Knight chaired the remainder of the meeting.) Mr. Carlberg stated Staff has provided a copy of the temporary ordinances enacted by the Cities of St. Paul and Coon Rapids. The question Staff is still researching is why St. Paul enacted an ordinance involving state law, but Coon Rapids is doing something with federal law, which has taken five years. Further research is needed. Mr. Feldman - asked if Andover could enact a temporary ordinance tonight to get the process started. Attorney Hawkins stated he would like to research the matter further by contacting the legal counsels of both cities. He could have more information for the next Council meeting. The Council agreed to table the item until the August 18 meeting when more information can be presented. AMEND ANDOVER COMPREHENSIVE PLANILAND USE PLAN - OS AND RU TO P/SECTION 22/CITY OF ANDOVER Mr. Carlberg explained the amendments to the Comprehensive Plan to better define land uses for the Andover City Hall area and the Oak View Middle School area. Motionby Orttel, Seconded by Kunza, the Resolution as presented. (Resolution R161-98 amending the Comprehensive Land Use Plan from RU to P at Oak View Middle School and from OS to P at the City Hall). Motion carried on a 4- Yes, I-Absent (McKelvey) vote. . - - -". --"- ~.- -.-.' . ->..--- Regular Andover City Council Meeting Minutes - August 4. 1998 Page 10 REZONINGIR-l TO R-4/SECTION 22/CITY OF ANDOVER Mr. Carlberg explained the rezoning would be to bring the zoning into compliance with the Comprehensive Plan, asswning the Metropolitan Council approves the amendments as proposed in the last agenda item. Motion by Dehn, Seconded by Kunza, to adopt the ordinance as presented. Motion carried on a 4-Yes, I-Absent (McKelvey) vote DECLARE COSTS/JP93-30/BUNKER LAKE BOULEVARD NW SERVICE ROAD Attorney Hawkins stated this matter was set for public hearing special assessments about 1 Y2 years ago. At that time the City Council directed Staff to meet with the properties being assessed to come up with a resolution. That meeting was held. Because it was such a long time ago, to meet the 429 procedure, he is recommending the process be done again. Motion by Orttel, Seconded by Dehn, the Resolution as presented. (Resolution R162-98 declaring cost and directing preparation of assessment roll for sanitary sewer, watermain, storm sewer and streets, IP93-30, Bunker Lake Boulevard NW) Motion carried on a 4- Yes, I -Absent (McKelvey) vote ACCEPT ASSESSMENT ROLVORDER HEARING/IP93-30/BUNKER LAKE BOULEVARD SERVICE ROAD Motion by Orttel, Seconded by Dehn, introducing the Resolution. (Resolution R163-98 for the hearing on proposed assessment, IP93- 30, Bunker Lake Boulevard, setting the hearing on September 1,1998) Motion carried on a 4- Yes, I -Absent (McKelvey) vote DISCUSS FEASIBILITYIPEDESTRIAN UNDERPASS/OVERPASS Mr. Erickson reported on the Staff's research on constructing under- or overpasses at strategic locations within the City. He showed pictures of various underpasses that have been constructed, noting they are generally more cost effective and visually appealing than overpass street crossings. Four potential locations that have been identified for street crossings are across Bunker Lake Boulevard just east of the railroad tracks, at the elementary and middle schools on Hanson Boulevard, across Bunker Lake Boulevard at Crooked Lake School and Meadow Creek Church and a pedestrian river crossing at the northwest comer of the City to connect to the Anoka County Regional Park which is currently under development in Ramsey along the west side of the Rum River. - ,-" -. . ..- -.--. - Regular Andover City Council Meeting Minutes - August 4, 1998 Page 11 (Discuss Feasibility/Pedestrian Underpass/Overpass, Continued) The Council discussed some of the features of underpasses, some of the problems that may be encountered at the various sites, the construction of a trail system along Bunker Lake Boulevard in conjunction with the county and sources of funding. The Council asked that Staff continue to look for and make application for grants and other funding. They felt the crossings at Bunker Lake Boulevard east of the railroad tracks and at the schools along Hanson Boulevard were necessary for safety reasons, and they asked that feasibilities be done for those locations. They also felt that the crossing to the county park in the northwest portion of the City should be done in conjunction with the county. Mr. Erickson thought the feasibliities could be done in-house to keep the costs down initially. Eventually some consulting engineering help may be needed. They will also look at the locations along Hanson Boulevard, as the water table and easements may be problems for an underpass crossing. They will also pursue grant funding for these crossings. Motion by Orttel, Seconded by Dehn, authorizing the Engineering Staff to prepare feasibility reports on three potential underpasses or over road crossings, two on Hanson Boulevard and one on Bunker Lake Boulevard near the county park. (Resolution RI64-98) Motion carried on a 4- Yes, I-Absent (McKelvey) vote DEVELOPMENT UPDATElMUSA Mr. Carlberg explained Staff met with the developers on July 29, 1998, to discuss the status of the projects scheduled for development in the MUSA in 1998 and 1999. He reviewed Exhibit A dated August 4, 1998, which proposes the developments for 1999 and 2000. Six of the projected projects for 1998 will not be developed this year. He asked if the Council wants to move those projects to 1999 or to allow other development areas to be brought on line. The Council noted properties cannot develop unless the utilities are available. They asked what effect it would have on StatTto move those 1998 projects to 1999. Mr. Carlberg stated much of the planning work for the projects has already been done. It will take a substantial amount of Staff time to monitor the projects. Mr. Erickson stated the inspections would either be done in-house or a consultant would be hired. He did not think it would be a problem. The Council agreed to wait until close to the end of the year before acting on the proposed development schedule for 1999 and 2000 until it is known whether or not all of the projects scheduled for 1998 will go forth. . - ~ "-". -". "~ Regular Andover City Council Meeting Minutes - August 4, 1998 Page 12 APPROVE LIGHTING/IP94-30/CITY HALL COUNCIL CHAMBERS Councilmember Orttel didn't know exactly what was proposed to be done with the lighting in the Council Chambers, but $2,527 seems to be very costly. The Council talked about the lighting problems, noting the dark spot in the middle of the audience and the dark spots behind the Councilmembers themselves. It was felt that the lighting behind the Councilmembers is more of a problem because of the difficulty it creates when viewed on cable TV. It was agreed to return the item back to Staff to find out exactly what lighting is being done and why it is so expensive. Motion by Orttel, Seconded by Dehn, to return this item on the lighting of the Council Chambers back to Dave Almgren for his consideration to include the lighting necessary to correct the back of the City Council area. Motion carried on a 4-Yes, I-Absent (McKelvey) vote SET WORK SESSION/BUNKER LAKE BOULEVARD NW RECONSTRUCTION/IP98-I7 The Council agreed to meet with representatives of the Anoka County Highway Department regarding the reconstruction of Bunker Lake Boulevard at 6 p.m., Tuesday, August 18, 1998. MAYOR/COUNCIL INPUT Agreements on trail usage, Bunker Hills - Staff indicated the agreements have not yet been turned in to the City, nor the insurance requirements. Councilmember Orttel stated the insurance company of one of the parties didn't want to give the additional insured to the City, but they were not give the correct information. He talked to that company and thought the problem has been resolved. The Council was concerned that the trail is completed and the agreements have not yet been received. It was felt those residents should not be using that trail with motorized vehicles until those agreements are given to the City. Mr. Erickson stated Staffwì1l attempt to resolve the issue by the next meeting. The item wì1l be placed on the next agenda if it is not resolved by then. APPROVAL OF CLAIMS Motion by Dehn, Seconded by Kunza, that we approve the payment of Claims. Motion carried on a 4-Yes, I-Absent (McKelvey) vote Motion by Dehn, Seconded by Kunza, to adjourn. Motion carried on a 4- Yes, I-Absent (McKelvey) vote. The meeting adjourned at 10:30 p.m. ~lIYSU miue:a:~~ ~ ~ lIa . Peach, ecording Secretary - -". -, ..-- .._~. -