Loading...
HomeMy WebLinkAboutCC May 19, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, May 19, 1998 agenda Call to Order - Following the EDA meeting held at 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Discuss Final Plat/Chesterton Commons 2nd Addition fpchest2 2. Discuss Hills of Bunker Lake Trail Access, Continued/97-43 trl9743 3. Crooked Lake AssociationlMilfoil Eradication milfoil 4. Amend Dog Ordinance/Ordinance No. 233 dog S. Approve Feasibility Report/98-9/Cambridge Estates appr989 Non-Discussion/Consent Items 6. Approve Garbage Haulers' Licenses garbage 7. SUP/Area ID Signs/Shadowbrook Third Addition/Bunker LLC, Inc. idsigns 8. Amend 1998 Fee Schedule fee 9. Approve BidsÆngineering Vehicle engvehic 10. Approve Bids/Utility Vehicle utility 11. Approve Engineering & Public Works Furniture furniture 12. Approve Change Order #3/96-1S/Public Works Expansion co39615 13. Approve Change Order #3/94-33C/Comrnercial Blvd. NW Ext. co39433c 14. Approve Quote/98-IO/Foundation Removal/Wandersee Addition qt9810 IS. Authorize Letter to Anoka County Hwy. Dept./Scho01 Zone & Speed Limits anokacty 16. Declare Costs/Order Assessment Roll./97-7/L-16, B-4/Crown Pointe East 2nd. dclr977 Additìon!Chapmans 17. Adopt Assessment Roll/97-7/ L-16, B-4/Crown Pointe East 2nd Addition! adpt977 Chapmans 18. Approve Quotes for Chemical Feed Equipment for Wells #4, #S & #6 wells 19. Accept ResignationIP & Z Commissioner/Lynette Barry resignation 20. Approve Carpeting PurchaseÆngineering Office/Old City Hall carpet 21. Title Change/Secretary B to Building Clerk/Tech title Mayor/Council Input Payment of Claims Adjournment - - -. - -...----. 0--_· ~_ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -U4 Y 19, 1998 TABLE OF CONTENTS RESIDENT FORUM ..................................................... 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Approve garbage haulers' licenses (Ace Solid Waste) . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R093-98 approving Special Use Permit/Area ID Signs/Shadowbrook 3rd .. 2 Resolution R094-98 amending 1998 fee schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R09S-98 approving change order #3/IP96-1S/Public Works ............ 2 Resolution R096-98 approving change order #3/IP94-33C/Commercial Blvd . . . . . . .. 2 Resolution R097 -98 declaring costs/ordering assessment rolllIP97 - 7 IL-16, B-4/ Crown Pointe East 2nd AdditionlChapmans . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R098-98 adopting assessment roll/IP97 - 7 . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve quotes for chemical feed equipment for Wells #4, #S, and #6 ............. 2 Accept resignationIP & Z CommissionerlLynnette Barry ....................... 3 Approve carpeting purchaseÆngineering office/Old City Hall . . . . . . . . . . . . . . . . . . .. 3 Title change/Secretary B to Building Clerk/Tech ............................. 3 APPROVAL OF MINUTES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 DISCUSS HILLS OF BUNKER LAKE TRAIL ACCESS/IP97-43 . . . . . . . . . . . . . . . . . .. 3 Motion to confirm easterly site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 CROOKED LAKE ASSOCIATION/MILFOIL ERADICATION .................... 4 Motion to make this a permanent part of the budget, to pay arrears to Coon Rapids for 1997 costs; to approve 1998 expenditure. . . . . . . . . . . . . . . . . . . . .. S DISCUSS FINAL PLAT/CHESTERTON COMMONS 2ND ADDITION ............. S Resolution R099-98 rejecting the final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 AMEND DOG ORDINANCE/ORDINANCE NO. 233 Motion to adopt the amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 FEASffiILITY/IP98-9/CAMBRIDGE ESTATES Motion to accept the feasibility study only .................................. 8 CONSENT ITEMS PULLED FOR DISCUSSION Approve bids/engineering vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Approve bidslUtility vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Approve Engineering and Public Works furlÚture . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Resolution RI01-98 approving quote/IP98-10/Foundation removallWandersee Addition 8 Motion to approve all items ............................................. 9 MAYOR/COUNCIL INPUT Park Board meeting .................................................. 10 APPROVAL OF CLAIMS ................................................ 10 ADIOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - . .-~.,-- .. . -- .. C0\.Jì..(/[):.. C\D LGï.dtU1 0-~_c\ì CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MA Y 19, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, May 19, 1998,7:15 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Killght, John Kunza, Ken Orttel Councilmember absent: Bonnie Dehn Also present: City Attorney, Wì1liam G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City AdmilÚstrator, Richard Fursman Others RESIDENT FORUM Jen:y Windschitl- would have no objection to moving the discussion of the Bunker Lake Trail Access ahead of his item on the Agenda. He also asked that either as a part of the discussion of the final plat for Chesterton Commons 2nd Addition or as a separate item, there be a discussion on the potential flooding problem of the Hamilton Square pond. The Council agreed to discuss the item as a part of the final plat discussion. John Ward - stated in watching the Council meetings the last several months, he is wondering what is the issue with the storm water for the HarlÚlton and Windschitl properties, as it seems to have taken up an inordinate amount of the Council's time. Mayor McKelvey stated there is a disagreement over the flowage of water and the giving of easements to move the water across the property. The Council has stated it wì1l not approve the final plat of Chesterton Commons 2nd Addition without the easements needed to drain the water to Ditch 37. Mr Ward - contended the water for this area does not flow north, but naturally flows to the south. He also understood there is a problem as to who will pay for the ponding and for runlÚng the pipe across Mr. Windschitl's land. If two people are at loggerheads, he felt the PlanlÚng and Zoning Commission should be dealing with the issue, not the City Council. Mayor McKelvey explained the Coon Creek Watershed has asked that the water ITom the HarlÚlton Square area drain to the north. It is the Council's position that the issue should be resolved by the two parties involved. A lengthy discussion continued on what has taken place and the positions taken by both Mr. Windschitl and the Hamiltons. Mr. Erickson stated he would be happy to go through the issue with Mr. Ward at his leisure, including the problems with draining this area to the south. The Council noted a representative ITom the watershed will be present later this evelÚng, at which time any further issues can be clarified. . . .. . Regular Andover City Council Meeting Minutes - May 19, 1998 Page 2 (Resident Forum, Continued) Mr Ward - stated it is about time the realistic expenses be considered. It appears to him that Mr. Windschitl has to oversize the pipes and that the Hamiltons do not want to pay to drain their water to the south. That southwest corner of the Hamilton property is very valuable land, so could that be the motivation to direct the water to the north? Councilmember Orttel stated the Hamiltons need an overflow for their storm drainage. The Watershed told them to construct two ponds, or pipe to the north to eliminate the one pond. The Council has been told that the overflow through Mr. Windschitl's property would have no impact on that property. It becomes a mUlÚcipal system once it is dedicated to the City. Mr. Windschitl's technical consultants are saying there will be a big impact. Mr Ward - suggested an outside third party be asked to look at it. The Council noted this will be discussed again on the Agenda item for the final plat of Chesterton Commons 2nd Addition. AGENDA APPROVAL Discuss Item 2, Hills of Bunker Lake Trail Access, ahead ofItem I, Final Plat/Chesterton Commons 2nd Addition. Remove from Consent Agenda for discussion Item 9, Approve BidsÆngineering Vehicle; Item 10, Approve Bids/Utility Vehicle; Item 11, Approve Engineering and Public Works FUrlÚture; Item 14, Approve QuoteJIP98-101F0undation Removal/Wandersee Addition; and Item IS, Authorize Letter to Anoka County Highway Department/School Zone and Speed Limits. Motion by Kunza, Seconded by KIDght, the Agenda as amended. Motion carried on a 4-Yes, 1- Absent (Dehn) vote. CONSENT AGENDA Item 6 Approve Garbage Haulers' Licenses (Ace Solid Waste) Item 7 Special Use Permit/Area Identification Signs/Shadowbrook 3rd AdditionlBunker LLC, Inc. (See Resolution R093-98) Item 8 Amend 1998 Fee Schedule (See Resolution R094-98) Item 12 Approve Change Order #3/IP96-1S/Public Works Expansion (See Resolution R09S-98) Item 13 Approve Change Order #3/IP94-33C/Commercial Boulevard NW Extension (See Resolution R096-98) Item 16 Declare Costs/Order Assessment Rol1lIP97 - 7/L-16, B-4/Crown Pointe East 2nd AdditionlChapmans (See Resolution R097-98) Item 1 7 Adopt Assessment RolllIP97 - 7/L-16, B-4/Crown Pointe East 2nd AdditionlChapmans (See Resolution R098-98) Item 18 Approve Quotes for Chemical Feed Equipment for Wells #4, #S, and #6 .---- ~-. -.-- ---- . --.. - - -~-- Regular Andover City Council Meeting Minutes - May 19, 1998 Page 3 (Consent Agenda, Continued) Item 19 Accept ResignationIPlanlÚng and ZOlÚng CommissionerlLynnette Barry Item 20 Approve Carpeting PurchaseŒngineering Office/Old City Hall Item 21 Title Change/Secretary B to Building Clerk/Tech Motion by KIDght, Seconded by Kunza, approval of the Consent Agenda. Motion carried on a 4- Yes, I-Absent (Dehn) vote. APPROVAL OF MINUTES May 5, 1998, Regular Meeting: Correct as written. Motion by KlÚght, Seconded by Kunza, approval of the Minutes. Motion carried on a 4-Yes, 1- Absent (Dehn) vote. DISCUSS HILLS OF BUNKER LAKE TRAIL ACCESS, CONTINUEDIlP97-43 Mr. Erickson explained the Council had requested soil boring information be obtained to evaluate the feasibility and cost associated with relocating the proposed trail access for the Hills of Bunker Lake connection to the Coon Creek Trail. The trail was originally proposed to be constructed between Lot 9, Block 9 and Lot 1, Block 10, 1st Addition. The alternative trail location is between Lot 21, Block 1 and Lot 1, Block 2, 4th Addition. Braun Intertec performed the soil borings and found there would need to be considerably more muck excavation and soils corrections performed for the alternative trail location. In addition, it would be necessary to redesign the bridge abutments if this route were to be used, which is an additional $12,000. It is estimated the alternative trail would cost an additional $22,630, which does not include the additional engineering design that would be needed for this location nor about $3,SOO to resurvey the area. He met with representatives of the Coon Creek Watershed on site, and it does not appear the wetlands would preclude the use of this location, though the City would have to go through the necessary permitting and evaluation procedures of the Watershed District. Mr. Erickson stated they just looked at crossing the creek straight back from the western location, not anywhere between this location and the eastern route. They generally try to go the straightest route. The Council noted there had been discussion of having both accesses but only one bridge. Mr. Erickson stated if that was done at this time, there would be the additional cost of the western trail. A central location for that bridge could be considered, but that would have to be evaluated further. The Park Board had talked about connecting the two trails with one bridge in the future. The bridge would need to be 36 inches wide to be handicapped accessible; however, it is being designed for two- way traffic. . _.. Regular Andover City Council Meeting Minutes - May 19, 1998 Page 4 (Hills of Bunker Lake Trail Access/IP97-43, Continued) Councilmember Orttel understood the financial restraints based on the soils conditions, but he wondered why the cost is so much more than the original estimate. Mr. Erickson stated it was because it was not known there would be the soils correction to the extent found with the soil borings. Councilmember Orttel felt that even though the western trail will not be constructed, it is dedicated park and people will be walking back there. To prevent people from walking onto private property, he suggested an unimproved trail be delineated on the high ground along the creek. That western trail would connect to the improved trail crossing and could be of wood chips. Mr. Erickson stated he will discuss that further with the Park Board. Councilmember Kunza stated he received many calls from the residents who heard there was going to be a piclÚc area back there. They were concerned with debris. Park and Recreation Commissioner Dave O'Toole explained the Park Board has no intention of developing a piclÚc area there, but he did say people may want to utilize that park area for piclÚcs, etc. Debris in the park is always a concern. Motion by Orttel, Seconded by KIDght, that the Council confirms the choice of the easterly site in the Hills of Bunker Lake trail system. Motion carried on a 3- Yes, I-No (Kunza), I-Absent (Dehn) vote. Park and Recreation Commission Chairperson Al Grabowski noted a letter submitted to the City ITom residents regarding the use of the easterly park access by the residents. He was concerned about what might have been said, so he met with the former City AdmilÚstrator, Jim Schrantz, today. Mr. Schrantz told him he in no way gave permission to the residents to use that trail on a daily basis. CROOKED LAKE ASSOCIATIONIMILFOIL ERADICATION Mr. Fursman stated the City is being asked to pay an additional $314.65 for its share of the treatment of Eurasian Milfoil for 1997. In addition, the Crooked Lake Association is asking that the City participate in the treatment yearly. He suggested the Council may want to add that as a budget item, so the funds don't come ITom the Contingency Fund each year. Dan Anderson Board of Directors of the Crooked Lake Area Association - explained the DNR has stated the total eradication of Eurasian Milfoil from the lake is unlikely. They will allow up to 15 percent of the lake to be treated each year to kill the weed. The total cost for treatment last year was $3,496. Councilmember Orttel had thought there was an agreement that the homeowners would participate in the treatment. Also, with the closing of the public entrance in Coon Rapids and the Crooked Lake Boat Landing restricted to IÚne people, it is basically a private lake. Mr. Anderson stated the homeowners did contribute in 1991, but they are reluctant to keep it up on a long-term basis. They pay a siglÚficant increase in taxes by being on the lake, plus they are very ,<- - .-. ~ .. ..-- Regular Andover City Council Meeting Minutes - May 19, 1998 Page 5 (Crooked Lake AssociationMilfoil Eradication, Continued) active in the lake management program, meeting with the DNR, policing for safety and Milfoil, getting the contracts and bids for the treatment, etc. They don't consider it a private lake at all. Since the signs have gone up for parking, almost all homeowners have said there has been a significant reduction in traffic on the lake, but it's hard to say if there has been a change in the Milfoil on the lake. He anticipates the cost for treating the Milfoil will be about the same each year. They didn't treat the lake from 1992 to 1997. They saw a problem again in 1996 and treated it in 1997, and they will probably have to treat it every year from now on. Motion by Knight, Seconded by Orttel, to make it a permanent part of the budget but on a year-to- year basis with the Administrator evaluating both the costs and the necessity after discussing it with the DNR; and that we pay Coon Rapids the arrears of $314.65 from the Contingency Fund, plus approve this year's expenses from the Contingency Fund, though the exact cost is not yet known. Motion carried on a 4- Yes, I-Absent (Dehn) vote. DISCUSS FINAL PLAT/CHESTERTON COMMONS 2ND ADDITION Mr. Erickson explained the developer requested this item be tabled at the February 3 meeting due to the market research on the sale of the lots along the commercial property of HarlÚlton Square. The item has been placed back on the agenda at the request of the developer. A decision needs to be made by the Council this evelÚng, because the 60-day time period on which to act expires tomorrow. He met with the engineer from the Watershed, the engineer for Hamilton Square, the engineer from Ashford Development and the City's consulting engineer and went over scenarios if a portion of the Ashford Development property would be developed into commercial. The engineers left that discussion thinking they had a reasonable solution to accommodate that area as commercial development plus outletting the water from Hamilton Square by sharing the same system.. The developers ofHarlÚlton Square have already escrowed $18,500 to offset the costs of the storm sewer system through that potential commercial area. Apparently that solution was not acceptable to Mr. Windschitl. Jeny Windschitl Ashford Development - stated they met with the developers of Hamilton Square when Chesterton Commons was in the sketch plan stage. They tried to cooperate. Later on his attorney made a settlement offer at a City Council meeting, which has never been responded too. He stated there is a rumor that he signed an agreement with HarlÚlton Square dealing with the storm sewer, but there is no such agreement, nor has anything been negotiated. Another rumor is that the developers of Hamilton Square have paid Ashford Development $18,000 for a storm water outlet. He stated he has not been paid anything for a storm water outlet. Mayor McKelvey stated that money is in escrow with the City. Mr Windschitl - stated another rumor is that some signatures involving Hamilton Square were forged. He presented the papers relating to the different properties he owns that were prepared by the City Attorney and acted on by the City Council which have his signature on them. This was for ,---- --. ------- - Regular Andover City Council Meeting Minutes-May 19,1998 Page 6 (Final Plat/Chesterton Commons 2nd Addition, Continued) the crossing of Crosstown Boulevard by the City contractor and the City's consultant. He stated there has been talk about the hardship on the Hamiltons, but he had the bills of sale for Health Partners and the UlÚted States Post Office in which they were paid over a million dollars in cash. He said developers have to be willing to pay their own way. The plat of Chesterton Commons 2nd Addition has no effect on anything that is taking place with Hamilton Square. The easements are not needed for Hamilton Square to develop. He has a legal issue of giving easements knowing there is a potential for flooding. He can't become a part of a process that could potentially flood out a substantial number of homes and existing residents other than what is in Chesterton Commons. The City is asking for easements for a large part of his land that he has no need for. The Staff's position is they want everything, including all of the unused ponds and unused swales. Those easements would be used by the Hamiltons before he would use the property. Mr Windschit1- also presented documentation to the Council which he received at 12:30 p.m. today. He prepared a letter dated May 19 from Ashford Development plus a letter and engineering report ITom Hawkinson Anderson and Associates dated May 19, 1998. He is being advised that he needs to let the City know about this as soon as possible. There are a substantial number oflots that have been built upon or sold that they think could have serious flooding problems. There is a siglÚficant difference in the 100-year calculations as to how high the water levels will be. In the past the Council has been told the water coming out of Hamilton Square would be like that ITom a garden hose. But there is a IS-inch pipe that runs 87 percent full in the 100-year four-day storm, and his calculations are that IS-inch pipe is needed just for the Hamilton's water, not for his water. There are serious doubts that the berm around the ponding is adequate. The back yard elevations of his lots are approximately 896 feet. The 100-year flood elevation is 900.S feet. There is 3.S feet of water that has the potential of going over the dike and flooding out the residents. They are contending the lots wì1l be flooded in the 100-year flood. He doesn't think the berm can be fixed because there isn't enough land to do so. He asked that the City not go with the one pond in Hamilton Square. Leave it at the two ponds to function as it was permitted and the flooding issue will go away. Mr. Erickson stated they just received the report this afternoon and have not had a chance to review it. Nor has the Watershed reviewed it. He talked with the City's consultant and hydrologist, and there are some concems with the report. The City does provide protection to the 100-year event. This is a very serious issue, and he would like to look at the report for accuracy and look at options before the Council responds. Councilmember Orttel had some concerns, as it appears the pond elevation is higher than the lot elevations. The flooding is a separate issue from the plat, as the City owns the pond. Tim Kelly Coon Creek Watershed - noted he was before the Council about a year ago on this same issue, and nothing has changed since then. Mr. Wmdschit1 came to his office with the concerns about the pond in Hamilton Square and said they were preparing a hydrology report. He received that report on Friday. Based on a very, very quick review, there were some questions and concerns, some of them similar to what Mr. Erickson pointed out. Their engineer was reviewing the engineers' meeting with all of the consultants and the City. They did have an agreement at that meeting of .-- - --, ~---_._- Regular Andover City Council Meeting Minutes - May 19, 1998 Page 7 (Final Plat/Chesterton Commons 2nd Addition, Continued) where those quantities would go. The Watershed position on this has been the whole storm water area should be a piped outlet, but they don't seem to be able to get there and it is very frustrating. This afternoon they made a preliminary suggestion and offer to Mr. Windschitl and his engineer that they would be willing to look at this, take it to the Board and model this site. To do so, he would want some assurance that this would be the process and for binding arbitration of this storm water Issue. Hamilton Square was given two options. The Watershed preferred an outlet into some system, either piped or through the plat of Chesterton Commons in a series of ponds. They reviewed the plans that had on-site ponding sufficient to hold two 1 GO-year events back to back. Councilmember Orttel stated the City would appreciate Mr. Kelly asking the Board to remodel the area, but he did not know whether or not the developers would agree to binding arbitration. Mr Kelly - stated he would make that request and let Mr. Erickson know of the Board's decision. He felt it could be put on Monday's agenda. Brett Peny Attorney for the HarlÚltons - did not believe the rumors raised by Mr. Windschitl tonight are relevant to the agenda item this evelÚng. The Staff report shows the Council has acted consistently toward Mr. Windschitl, and that he must dedicate certain easements in order to get plat approval. To date he has not agreed with the Council's wishes. Mr. Perry said his client has complied with the Council's wishes and that of the Watershed Board. The pipe was put in the ground and easements were dedicated. They are ready for the project to go forward, and they would like the Council to act in a manner it has acted in the past year; that is requiring Mr. Windschitl to give the easements. It was commented in the past by the Mayor that if all of the easement is not needed, that it can be vacated and given back to Mr. Windschitl. He asked the Council to act in the same manner as last year. Mayor McKelvey stated both Mr. Hamilton and Mr. Windschitl have spent a good deal of money for attorneys and reports. He commented if that money had been put toward the storm sewer system, the pipe would already be paid for and the problem resolved. At this point he did not believe the final plat could be approved, since Mr. Windschitl has not done what the Council has asked, that is giving the storm water easements as a condition of approving the final plat of Chesterton Commons 2nd Addition. Councilmember Orttel noted that with the five-acre parcel potentially being developed as commercial property, those ponds wouldn't be used because there would be hard pipe in the ground for storm water drainage. Mr. Windschitl is concerned with giving the easements for the ponds. Once the water goes into those ponds ITom the Hamilton property, he has no leverage and would end up having to pay for the entire cost of putting in a pipe for both himself and the Hamilton property. Based on that, Councilmember Orttel stated he would be willing to grant approval of the final plat subject to the easement, but that no construction allowing water in those easements occur for three months or so until the rezoning of the five acres is approved. If that property is zoned commercial, only an easement for a pipe would be needed as opposed to the entire ponding system. If there is no Regular Andover City Council Meeting Minutes - May 19, 1998 Page 8 (Final Plat/Chesterton Commons 2nd Addition, Continued) rezoning, the City has the easements necessary for ponding for residential development. Councilmember Kunza understood this issue was to be resolved before it came back to the Council. Mayor McKelvey disagreed with Councilmember Orttel's suggestion. He felt the plat should be denied. The Council can bring it back up if an agreement is reached among the developers by the next meeting. Motion by McKelvey, Seconded by KlÚght, that we reject the final plat of Chesterton Commons 2nd Addition at this time since the conditions that we have said in the past for the final plat were not there; that the final plat be denied because of not receiving the drainage easements that are necessary for us to continue with the City's drainage plan. (See Resolution R099-98) Motion carried on a 3- Yes, I-No (Orttel), I-Absent (Dehn) vote. AMEND DOG ORDINANCE/ORDINANCE NO. 133 Attorney Hawkins reviewed the proposed amendment to the Ordinance regulating the keeping of dogs and cats which more effectively deals with the nuisance type complaints. The amendment would give the Council the authority to have a dog removed ITom the City after three nuisance violations. Some of the definitions were clarified and new procedures put in place. Motion by Knight, Seconded by Orttel, to adopt the Ordinance as presented. Motion carried on a 4- Yes, I-Absent (Dehn) vote. APPROVE FEASIBILlTYIIP98-9/CAMBRIDGE ESTATES The Council noted that the item is no longer relevant because of the Council's action this evelÚng to deny the final plat of Chesterton Commons 2nd Addition. That action eliminated the extension of utilities to Cambridge Estates at this time. Motion by Ortte!, Seconded by Kunza, to accept the feasibility study only. (See Resolution Rl 00-98) Motion carried on a 4- Yes, I-Absent (Dehn) vote. CONSENT ITEMS PULLED FOR DISCUSSION Item 9 Approve BidslEngineering Vehicle Item 10 Approve BidslUtility Vehicle Item 11 Approve Engineering and Public Works Furmture Item 14 Approve Quote/IP98-lO/Foundation RemovallWandersee Addition (See Resolution RI01-98) .__ - A_. _...._.._~ - Regular Andover City Council Meeting Minutes-May 19,1998 Page 9 (Consent Items Pu/ledfor Discussion, Continued) Item IS Authorize Letter to Anoka County Highway Department/School Zone and Speed Limits Councilmember Orttel asked about the source of funding for Items 9 and 10 and about the use of state bids. Councilmember Kunza questioned the need for four-wheel drive vehicles in every department. Frank Stone, Public Works Superintendent, stated the original intent was to lease a vehicle, and that is what the 1998 budget reflects. The Vehicle Committee reviewed this and decided this vehicle should be utilized by the Engineering Department during the summer and be available as a plowing vehicle for the Public Works Department in the winter. It would be used primarily to plow cul-de-sacs and as a back up. It cannot be leased if it is used to plow snow. He agreed four-wheel drive vehicles are not needed in every department, and the Vehicle Committee wìll be looking at that more closely in the future. The Falls Automotive bid is the state bid. Councilmember Knight also suggested in the future smaller, more economical vehicles be considered wherever possible. Councilmember Orttel stated they just met at the Public Works Department and there was no discussion on the need for furlÚture (Item 11). Mr. Stone stated he is the only person who doesn't have furlÚture in that building. On Item 14, Councilmember Orttel questioned how the City could have accepted the right-of-way with the building foundation still on it. Mr. Erickson stated apparently when the Wandersee Addition was accepted seven or eight years ago, that foundation was never removed. The developer was responsible for removing it, but apparently never did so. Staff will attempt to collect the cost ITom the developer, but in the mean tine, the City must contract to have the work done. Approvals will be received to work on adjacent private properties. Councilmember Orttel asked if the City has a procedure on issues such as Item IS regarding traffic investigations for speed zones. Mr. Erickson stated Staff has talked about this for the past one or two years. The county has indicated they don't have the proper trails and crossing to warrant siglÚng the area. The City has since received a letter from an individual about a speed zone in the areas of the schools along Hanson Boulevard. Councilmember Orttel stated Hanson Boulevard is the only major route through the City. That makes it more dangerous for the children on the road, but he worried about making it look more comfortable by reducing the speed. It will continue to be a dangerous road. He felt the City would be better off eliminating the crossing of the trails and work on either an under- or over-pass. He agreed to proceed with the investigation to find out what they would have to say. Councilmember Knight suggested ultimately the City may have to fence the trail to keep the youth off the highway and funnel them to specific crossings. Motion by Knight, Seconded by Orttel, to approve Items 9, 10, 11, 14 and IS. Motion carried on a 4- Yes, I-Absent (Dehn) vote. .____ A_. ~__ ____ . .._-,- Regular Andover City Council Meeting Minutes - May 19, 1998 Page 10 U4 YORlCOUNCIL INPUT Park Board meeting - The Council had been told the Park and Recreation Commission meeting has been canceled because three members had an Andover Athletic Association meeting. The issue is which takes precedence. A representative from the School District then stated as far as she knows, the meeting is still on and they plan to make a presentation regarding commulÚty schools. Mr. Fursman understood that because there is a conflict with the Athletic Association, the entire Park Board meeting was canceled. He also understood the guest speaker from the school district has been canceled as well. He will be sure the school district is contacted. Mr. Stone noted he and Mr. Starr met with the Park Board this evelÚng and verified the May 21 meeting has been canceled. APPROVAL OF CLAIMS Moûon by Orttel, Seconded by KIDght, payment of the Claims as presented. Motion carried on a 4- Yes, I-Absent (Dehn) vote. Motion by Kunza, Seconded by KIDght, to adjourn. Motion carried on a 4- Yes, I-Absent (Dehn) vote. The meeting adjourned at 9:33 p.m. Respectfully submitted, ,~~~~L Marcella A. Peach Recording Secretary ._. 0'- A_. _... _ ..__ -->-