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HomeMy WebLinkAboutCC September 1, 1998 I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, September I, 1998 agenda Ribbon Cutting Ceremony/Dedication of Park Trails at 6:30 PM Call to Order - Following the EDA Meeting Scheduled at 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discnssion Items I. Assessment Hearing/93-30/Bunker Lake Blvd NW Service Road hear9330 2, Public HearinglVacation of Easement/329 - l39th Ave. NW ph329 3. Public HearinglVacation of Easement/3922 - 146th Lane NW ph3922 4. Ordinance No. 236/ Train Whistle Blowing Ordinance ord236 S. Response to Ashford Letter Regarding Drainage Issue drainage 6. Amend Andover Comp Plan/Section 23/ Ashford Dev. Corp., Inc. Continued compplan 7. Rezoning/Section 23/ Ashford Dev. Corp., Inc. Continued rezon 8. Amend Ordinance No. 233/Dangerous Dog ord233 9. Y2K Problem y2k 10. Adopt 1999 Preliminary Budget/Levy levy II. Discuss Cost Share w/Anoka County Parks Dept./98-l7/Bikeway-Walkway/Bunker Lk. disc9817 Blvd. from Hanson Blvd. to Round Lk. Blvd. Non-Discussion/Consent Items 12. Adopt ResolutionÆxtend Cable Franchise cable 13. ASUP/Fuel Storage Tank/3 II 8 l62nd Lane NW/Ace Solid Waste ace 14. SUPIRetail Trade & Servicell3440 Hanson Blvd. NW/JBS Landscaping jbs IS. Approve Bids/Andover Sale of Used Furniture & Equipment bids 16. Award Bid/97-SlNarious Fencing bid9751 17. Accept QCCC Budget budget 18. Change 9-lS-98 City Council Meeting to 8:01 PM ccmtg 19. Accept EasementsllS9th Avenue NW ease159 20. Update/The Meadows of Round Lake/97-37fTraffic Study updt9737 21. Approve Ordinance Amendment 212/Hunters Hollow ordhunt 22. Approve Ordinance Amendment 2l2/Rose St. NW ord212 23. Approve Final Payment/97-7/Crown Pointe East 2nd Addition fpay977 24. Order Plans & Specs/97-l2/Drill Well #7 ord9712 2S. Approve Summary ofOrd. No. 230AINoise Ordinance ord 230a Mavor/Council Iuput Pavment of claims Adiournment - .. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER I, 1998 TABLE OF CONTENTS RESIDENT FORUM .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 CONSENT AGENDA Adopt ordinance/Extend cable franchise ..................................... 2 Resolution R174-98 approving amended Special Use PermitlFuel storage tank/3118 162nd Lane/Ace Solid Waste. . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . ... 2 Resolution R17S-98 approving Special Use Permit/Retail trade and service/ 13440 Hanson Boulevard/JBS Landscaping. . . . .. . . . .. . . .. . . . . . . . .. . . . . . .. 2 Approve bids/Andover sale of used furniture and equipment. . . .. . . . . . . . .. . . . . . .. 2 Resolution R176-98 awarding bid!lP97-SINarious fencing. . . . . . . . . . . . . . . . . . . . .. 2 Accept Cable Commission budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Change 9-IS-98 City Council meeting to 8:01 p.m. . . . . . . . . . . ... . . . . . . . . . . . . . . .. 2 Accept easements/IS9th Avenue NW ....................................... 2 Update/Meadows of Round Lake/IP97-37rrraffic study................... ...... 2 Approve Ordinance Amendment 212/Hunters' Hollow. . . . . . . . .. . . . . . .. .. . . . . . .. 2 Approve Ordinance Amendment 212/Rose Street NW .......................... 2 Resolution RI77-98 approving final paymentJIP97-7/Crown Pointe East 2nd. . . .. . .. 2 Resolution R178-98 ordering plans and specs/IP97-12/Drill Well #7............... 2 Approve summary of Ordinance 230A/Noise Ordinance ........................ 2 APPROVAL OF MINUTES .................................................. 2 PUBLIC HEARING: V ACA TION OF EASEMENT/3922 I 46TH LANE NW Motion to continue to next meeting ................... . . . . . . . . . . . . . . . . . . . . .. 3 ORDINANCE NO.236rrRAIN WHISTLE BLOWING ORDINANCE. . . . . . . . . . . . . . . .. 3 Motion to adopt ordinance ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. S RESPONSE TO ASHFORD LETTER REGARDING DRAINAGE ISSUE ........... .. S AMEND ANDOVER COMPREHENSIVE PLAN/REZONE/SECTION 23/ ASHFORD DEVELOPMENT CORPORATION Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 ASSESSMENT HEARING: IP93-30/BUNKER LAKE BOULEVARD SERVICE RD Resolution R 179-98 to adopt assessment roll ................................. 7 PUBLIC HEARING: V ACA TION OF EASEMENT/329 139TH AVENUE NW Motion to table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 AMEND ORDINANCE NO. 233/DANGEROUS DOG ............................ 8 YEAR 2000 PROBLEM ..................................................... 8 ADOPT 1999 PRELIMINARY BUDGETILEVY ................................. 8 Resolution R180-98 adopting tax levy. . . . . . . . . . . . .. . . . . . .. .. . . . . . . . .. . . . . . .. 9 Motion to set Truth in Taxation hearing for Dec 7 ............................. 9 DISCUSS COST SHARE WITH ANOKA COUNTY PARKS DEPARTMENT/IP98-17/ BIKEWAY /BUNKER LAKE BOULEVARD Motion to do SO-SO split with Anoka County on the trail ........................ 9 MAYOR/COUNCIL INPUT Signage 011 trail crossings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Geese in Winslow Hills pond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 APPROVAL OF CLAIMS .................................................. 10 ,.-. " _.~ ~ -. . :YG'\ (toG o.,(J U)L.C:t.!::U) c\- \G-Ct(2 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 1, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, September I, 1998,7:58 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, John Kunza Councilmembers absent: Mike Knight, Ken Orttel Also present: City Attorney, Wil1ìam G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. 1159 Andover Boulevard - asked for a correction in the August 18 Minutes. He was also concerned with a statement made in the engineer's letter for Item 5 that based on the elevation of the overflow to the pond, a significant portion of Bluebird Street and Crosstown Boulevard would be flooded, as well as the residential development to the south. Because this could possibly affect those residents in Winslow Hìlls, he asked if they have been informed of this item tonight. Mayor McKelvey didn't think so. Jen:y Windschitl. Ashford Development - stated at the last meeting, Mr. Holasek suggested the City reconsider the construction of the Hanson Boulevard storm drainage system to the south. He felt that suggestion merits further discussion and suggested the item be put on an agenda for further consideration. He stated a large part of the property the City is trying to run north is going in the wrong direction. He also suggested the Council view the Winslow Hìlls pond off Crosstown Boulevard, which has been raising all summer long. He felt the Hanson Boulevard storm sewer to the south would be a benefit to the City and would solve some of these drainage problems. Mr. Erickson stated the water in the Winslow Hills pond was lowered considerably with the dewatering for the Hamilton Square pond. Plus it had been quite dry. Now that water table is coming back to its normal elevation. It is doing what had been anticipated. Mr. Windschitl - stated that because there are not enough Councilmembers present to act on his Items 6 and 7, that they be tabled to the next Council meeting. He agreed to put the request in writing. .. . - Regular Andover City Council Meeting Minutes - September 1, 1998 Page 2 (Resident Forum, Continued) Commissioner Dave O'Toole. Park and Recreation Commission - invited the Council and residents to an informational meting on September 10 to inform the citizens of the proposed park bond referendum. The population in Andover wìll nearly double in the next IS years, and they'd like the residents to know what is being proposed in the parks. AGENDA APPROVAL Motion by Delm, Seconded by Kunza, as presented. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. CONSENT AGENDA Item 12 Adopt Ordinance/Extend Cable Franchise Item 13 Amended Special Use PermitlFuel Storage Tank/3118 162nd Lane NW/Ace Solid Waste (Resolution RI74-98) Item 14 Special Use PcrmitlRetail Trade and Service/13440 Hanson Boulevard NW / JBS Landscaping (Resolution RI7S-98) Item IS Approve Bids/Andover Sale of Used Furniture and Equipment Item 16 Award Bid/IP97-SI/Various Fencing (Resolution RI76-98) Item 17 Accept Cable Commission Budget Item 18 Change 9-1S-98 City Council Meeting to 8:01 p.m. Item 29 Accept Easements/159th Avenue NW Item 20 Update/Meadows of Round Lake/IP97-37/Traffie Study Item 21 Approve Ordinance Amendment 212/Hunters' Hollow Item 22 Approve Ordinance Amendment 212/Rose Street NW Item 23 Approve Final Payment/IP97-7/Cro"m Pointe East 2nd Addition (Resolution RI77-98) Item 24 Order Plans and Specs/IP97-12/Drill Well #7 (Resolution RI78-98) Item 25 Approve Summary of Ordinance No. 230A/Noise Ordinance Motion by Kunza, Seconded by Dehn, to approve the Consent Agenda. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. APPROVAL OF MINUTES August 18, 1998, Regular Meeting: Page I, end of first paragraph, add "...commercial site of his property that would drain into it." August 18, 1998, Special Meeting: Correct as written. ,- -- -".- -. . --- Regular Andover City Council Meeting Minutes - September 1, 1998 Page 3 (Approval of Minutes, Continued) "lotion by Dehn, Seconded by Kunza, to approve the Minutes with the change from Mr. Holasek to be added. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. PUBLIC H/:-/tRING: VACATION OF EASEMENT/3922 146TH LANE NW 8:IS p.m. Mr. Carlberg reviewed the request by Gary Robideau to vacate a 14x30-foot portion of a drainage and utility easement at 3922 146th Lane NW in order to construct a lOxl4-foot shed. There are no utilities in the easement. Staff has determined that the shed will be located beyond the wetland boundary. Excess easement was taken with the plat, and Staff is recommending approval. Mayor McKelvey opened the public hearing. Mr. Robideau - stated the shed will be 12 x 16 feet. Mr. Carlberg noted that change. Motion by Dehn, Seconded by Kunza, to close the public hearing. Motion carried on a 3- Yes, 2- Absent (Knight, Orttel) vote. 8: 18 p.m. Because a four-fifths vote is needed to approve the vacation of easement, Mr. Carlberg suggested the item be tabled to the next meeting where it will be placed on the Consent Agenda. Motion by Dehn, Seconded by Kunza, to continue this item until the next Council meeting where the appropriate number of Councilmembers are present. Motion carried on a 3-Yes, 2-Absent (Knight, Orttel) vote. ORDINANCE NO. 236nRAIN WHISTLE BLOWING ORDINANCE Mr. Carlberg reviewed recent events calling for an ordinance regulating the blowing of train whistles in the City. Staffhas drafted an ordinance similar to the one in the City ofSt. Paul, except the hours where whistle blowing of trains would be prohibited at grade controlled intersections would be from 10 p.m. to 6 p.m. This would not include the uncontrolled intersection at Ward Lake Drive. Spencer Arndt. Burlin~ton Northern Sante Fe Railroad - explained the St. Paul ordinance was an administrative agreement. They have not blown their whistle in St. Paul for the last 15 to 20 years. However, they will not comply with any other City's ban on whistle blowing. In 1994 the Swift Act was passed to enable the federal government to enact safety measures to enable whistle ban ordinances to be put into place. Those rules have not yet been written. Once they are in place, communities have one year to get a whistle ban waiver in place. There are discussions on many different things that may constitute a waiver ITom four-quadrant gates to 200-foot medians at crossings so people won't go around the gates. Three years ago they started a pilot project in Coon Rapids at three crossings. The three-phase project includes videoing the intersections for four Regular Andover City Council Meeting Minutes - September 1, 1998 Page 4 (Ordinance No. 236ITrain Whistle Slowing Ordinance, Continued) months, then reviewing the videos to determine what is taking place. The second phase is to construct the median. Now they are waiting for FRA approval to construct medians to the MNDot standard. Phase 3 will consist of not blowing the whistle and videoing the intersection to determine what is going on. When the whistle ban law goes into effect, this project will qualifY for those three crossings only. They also have a similar project in Seattle, Washington; however, they do not have the snowfall to deal with so it is a different design. Mr. Arndt anticipated the federal rules will be in place by about the year 2000. Now the government is studying the noise levels of the locomotive horns. There are other types ofhoms such as the air horn that may be better that the FRA has not yet sanctioned. Until the FRA signs off on them, they will not change their horns because of the liability issuc. He explained the safety and liability factors for blowing their whistles at intersections and the inability of the trains to stop in time. There is a whistle blowing standard. but it probably varies by engineer. Mayor McKelvey stated the concern is for the long and excessive horn blowing, reciting an incident of being waken in the middle of the IÚght by a horn that did not stop between Andover Boulevard and Constance Boulevard, and he is I Y:. miles from the track. Everyone respects the safety factor, but the concern is with the excessive whistle blowing. Mr. Arndt stated he would have someone try to find out who is doing it and why. They cannot and will not abide by any whistle blowing ordinance the City enacts. They can work with the neighbors when given some information to track the engineers down who do blow their horn excessively. Mayor McKelvey thanked Mr. Arndt for appearing before the Council. He expected the City will apply for the ban as soon as the federal regulations are in place. He hoped now that the engineers blowing the whistles will use discretion to bring some peace to the people living along the tracks. Steve Feldman. 847 141 st A venue - thanked Mr. Arndt for coming out. He talked with the St. Paul City Clerk today who said before the ordinance was passed, they received two to ten complaints per day. After the ordinance was passed, they receive only one complaint per day. He has written to and talked with Mr. Arndt, though the City received a faster response than he did. He wrote down the times and number of whistles for several evenings, with many of them being 8 long whistles at the intersections. That is not a safety issue. In Elk River there are more trains with less whistle blowing than in Andover. Why? He talked with a person who was an engineer in Chicago who said engineers blow their whistles to say hi to people or to blow at young girls that might be by the track. It is difficult to get the train number when this happens in the middle of the night. The neighbors want relief. If enough cities pass ordinances to ban whistles, it will be sending a message to the federal government. Something has to be done to stop the 29 whistle blows within two hours in the middle of the night. Mr. Feldman continued on his findings in talking to various people, the disruption of the abuses in whistle blowing causes for the people in the neighborhood, and the need for it to stop. They are only looking for a 20 to 30 percent reduction in the amount of whistle blowing. Blowing the whistle should be based on safety, on common sense. 0__. __. __._ ___ Regular Andover City Council Meeting Minutes - September I. 1998 Page 5 (Ordinance No. 236/Train Whistle Slowing Ordinance, Continued) Mayor McKelvey was agreeable to passing the ordinance even though there is no way to enforce it. With the cooperation of Mr. Arndt and the railroad, possibly some of the problems can be solved. As soon as the federal government sets up the rules, Andover will apply for the whistle ban. Mr. Arndt - stated in St. Paul the Union Pacific is not abiding by the ordinance and is stìll blowing their horns. They cannot force them to stop even though they use Burlington Northern's tracks. He wìll check into the abusive blowing and will report back to the City. lody Nelson. 921 138th A venue NW - moved into the neighborhood, which she loves, three years ago; but has not had a good night's sleep since. The excessive whistle blowing and lack of sleep makes life difficult with the children. She doesn't want to put her home up for sale, but she may have to. Last night she opened the window for the cool breeze, but had to close them and put on the air conditioner to drovm out the noise of the train whistles. She begged the Council to adopt the ordinance; and when the Swift Act comes into play, go with that. Motion hy Dehn, Seconded by Kunza, to adopt Ordinance 236 as presented, sending a copy to the State Railroad officials, the federal officials if necessary for information and to the railroad people so that this is established as record. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. RESPONSE TO ASHFORD LETTER REGARDING DRAINAGE ISSUE Mr. Erickson stated he reviewed the letter from James Overtoom of STS Consultants for Ashford Development regarding the on-site ponding and drainage on Hamilton Square. He also talked with the watershed's engineers, the City's design engineer from McCombs, Frank, Roos, the Hamilton's design engineer and with Mr. Overtoom. His research found that there is no issue which would adversely affect the health, safety and welfare of the citizens of Andover and that no further action or investigation of the context of the STS letter is warranted. Since his report, Mr. Overtoom of STS has issued another letter dated September 1, 1998, which basically reconfirms that the four major points brought up are not health and safety issues. However, he has not had an opportunity to review or study the other points made in the letter to be able to respond. He will review that letter; and if there is anything new, he will bring the report back to the Council. Mr. Erickson also explained that any ponding system has potential for flaws from the initial design through construction. He is working with developers and home builders on three other drainage systems in the City that have problems. That is why there is some redundancy designed in the system to accommodate flaws in the system. In this case, everyone agrees there is nothing that will affect the health and safety of the citizens of Andover. Jerry Windschitl - stated until one week ago, he had never heard of an engineering design affecting the health, safety and welfare of the residents. Things were designed to meet certain engineering standards, and those standards protect the health and safety. He stated no engineers have signed their 0- __ ... __. ~. -- Regular Andover City Council Meeting Minutes - September 1, 1998 Page 6 (Response to Ashford Leiter Regarding Drainage Issue, Continued) names to the Hamilton storm sewer system. The system clearly was not constructed the way it was designed. That should be looked into. Can he design a system to the standard that was used in this system? Ifhe has to design to a certain standard, so should everyone else in the City. If the City changed its design standards, he should be told. The first issue is the possibility of water going through the dike. The soils on the dike are very poor, and their calculations show water can get through the dike in 24 hours, and in SI hours the dike can be broached. Secondly, he designed the houses in Chesterton Commons to meet the three-feet above the water level; but the letter before the Council is saying that can be compromised. The people should be told that their lots are being undermined by this. Finally, all engineers agree that Crosstown and Bluebird will flood, and the water will run to Winslow Hills. He cannot imagine Anoka County allowing Andover to flood one of their streets. He felt the City has to hire a consultant that will sign hislher nanle as to whether the system is or is not according to engineering standards. He felt the City is always down playing this issue. The last time the City said the berm would be raised. That still hasn't been done. If Hamilton Square goes with the two-pond system, there will be no problem. He feels they have presented very valid information. He wants this to be finished. Gorden Jensen. Attomev for the Hamiltons - stated they have an approved plan for Hamilton Square by the watershed, by the consulting engineer and the City engineer to allow the storm water to go to the north. They all say the system works. This is the way they intend the water to go. Mr. Windschitl doesn't want them to take the water in that direction, but his engineer is not before the Council. He is saying the City Engineer is making the decision and asked the Council to listen to the professionals. Mr. Windschitl - stated the Hamilton Square project was originally approved with two ponds. Mr. Jensen - stated they were approved for a pond to the south and also for storm water drainage to the north. They intend to pursue the storm water to the north. Winslow Holasek - understood there can be flaws in constructed systems and understood the outlet was constructed .6 feet too high, which is 7.2 inches. Mr. Windschitl has said the berm needs to be raised I Y, feet to compensate for the pipe. He argued the berm should only be raised that 7.2 inches or there will not be enough room because of the needed slope of the pond. Mr. Erickson stated this has all been reviewed with the watershed. They have come up with a plan to top the berm. Mr. Holasek - explained raising the berm will mean that much more pressure on the water to go across the road. He didn't know what it would take to do a feasibility study to do the Hanson Boulevard storm sewer. That would also accommodate any future expansion on the City Hall site and the commercial development along Hanson Boulevard. There was some discussion with the Council and Staff on this issue. The Council questioned if there would be enough property that would be serviced by the system to pay for it. No decisions were made on the proposal for a feasibility of a Hanson Boulevard storm sewer nor was any action taken on the City Engineer's response to the STS letter. . - . ~ -~. -" .. . .._-, - Regular Andover City Council Meeting Minutes - September 1, 1998 Page 7 AMEND ANDOVER COMPREHENSIVE PLAN/REZONE/SECTION 23/ASHFORD DEVELOPMENT CORPORA TION, INC. Motion by Dehn, Seconded by Kunza, to table Items 6 and 7 until the next City Council meeting. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. ASSESSMENT HEARING: IP93-30/BUNKER LAKE BOULEVARD NW SERVICE ROAD Mr. Erickson explained the assessments are higher than what was originally anticipated; however, the City Attorney feels they are justifiable as proposed. The EDA and TIF funds will be paying one- half of the assessments and the property owners will be paying the other half. There were additional condemnation costs which are a part of the assessment, but only half of that value is being paid by the property ovmers. The other half is being paid for by the EDA. To be consistent with other assessments, he suggested the assessments be paid over a 10-year period rather than over five years. Mayor McKelvey opened the hearing for public input. There was none. Motion by Kunza, Seconded by Dehn, to close the public hearing. Motion carried on a 3- Yes, 2- Absent (Knight, Orttel) vote. 9:47 p.m. Motion by Dehn, Seconded by Kunza, to adopt the Resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, street and storm sewer, Project 93-30, Bunker Lake Boulevard service road, \vith the 10 years for payment period to be included. (Resolution R 179-98) Motion carried on a 3- Yes, 2-Absent (Knight, OrtteI) vote. PUBLIC HEARING: VACATION OF EASEMENT/329 139TH A VENUE NW 9:48 p.m. Mr. Carlberg explained a portion of the attached garage to the house at 329 139th Avenue encroaches 2.72 feet into the 10- foot side yard drainage and utility easement. This public hearing is being held to vacate that portion of the drainage and utility easement on the lot. Once the easement is vacated, the City will have no liability. Staff is recommending approval. Because a four- fifth vote is needed to approve the vacation, the item should be tabled to the next meeting after the hearing, where it will be placed on the Consent Agenda. Mayor McKelvey opened the hearing for public testimony. There was none. Motion by Kunza, Seconded by Dehn, to close the public hearing. Motion carried on a 3- Yes, 2- Absent (Knight, Orttel) vote. 9:52 p.m. Motion by Dehn, Seconded by Kunza, to continue this item until the next Council so the appropriate number of Councilmembers are present. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. . _ . ~ u. ... .. . ..- -,- Regular Andover City Council Meeting Minutes - September 1, 1998 Page 8 AMEND ORDINANCE NO. 233/DANGEROUS DOG Mr. Carlberg stated Staff is looking for direction regarding the definition of a dangerous dog or cat. The current ordinance requires substantial bodily harm before a dog/cat can be declared dangerous. Staffhas prepared a draft amendment to the ordinance that would eliminate the word "substantial" to declaring a dog/cat dangerous when inflecting bodily harm. Councilmember Dehn was concerned with the proposal, that it may be too lenient. As proposed, a cat that scratches someone could be declared a dangerous cat. Attorney Hawkins advised the state statute has a definition for "potentially dangerous dog" if it bites someone.. After discussing the issue, the Council directed Staff to rewrite an amendment that would declare a dog/cat dangerous either when having inflicted substantial bodily harm or after one violation in which it was declared potentially dangerous. Mr. Carlberg stated the matter will be brought back to the next Council meeting with that change. YEAR 2000 PROBLEM Mr. Fw·sman explained Staff will be identifying where the City is vulnerable in the year 2.000 regarding hardware and software glitches that think it is the year 1900 instead of the year 2000. Right now they don't see a wide-spread problem in the City, but will bring it back to the Council if there is any potential liability exposure. ADOPT 1999 PRELIMINARY BUDGET/LEVY Mr. Fursman asked the Council to approve a preliminary levy to submit to Anoka County. Staff is recommending the levy cap as determined by State law be adopted as the preliminary levy for 1999. The Council can always reduce the levy, but it cannot increase the preliminary levy. The levy cap would increase taxes about 3 Y:. percent on properties in 1999. That amounts to about $39 per year on a $ISO,OOO house. Homeowners may see a slightly higher increase because of the inflationary increase in property values; however, the school levy should go down due to changes in the State law. Over $SOO,OOO needs to be trimmed from the budget to meet the levy cap. Ms. McGann reviewed the new programming proposals for 1999, including an increase in police protection, park improvements, creacksealing/sealcoating, overlays, wage adjustments, voting equipment for elections, a new full-time employee, and a position change for the Public Works lead mechanic to a supervisor position for a total of$826,867. Additional funding sources and cuts will be discussed with the Council at a budget workshop. The Council generally agreed to adopt the maximum levy at this time, noting it can always be reduced. ._ . ~ __ 0- _" .. . -.--. - -... Regular Andover City Council Meeting Minutes - September 1, 1998 Page 9 (Adopt 1999 Preliminary Budget/Levy, Continued) Motion by Dehn, Seconded by Kunza, the Resolution adopting the City of Andover 1999 proposed property tax levy to be certified to the County Auditor as presented. (Resolution RI80-98) Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. Motion by Dehn, Seconded by Kunza, to set the Truth in Taxation Public Hearing for Monday, December 7 at 7 p.m. with a reconvening date if necessary for Tuesday, December 15, 7 p.m. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. The Council also agreed to hold a budget workshop on Tuesday, September 29, 1998, at 7 p.m. DISCUSS COST SHARE WITH ANOKA COUNTY PARKS DEPARTMENT/IP98- 17IBIKEWAY-WALKWAYIBUNKER LAKE BOULEVARD FROM HANSON BOULEVARD TO ROUND LAKE BOULEVARD Mr. Erickson stated StafIhas been talking with the Anoka County Parks Department about funding a trail along Bunker Lake Boulevard on a 50-50 cost share. That trail is included in the County's regional trail plan and in the City's trail plan. This would be constructed with the redevelopment of Bunker Lake Boulevard next year; however, neither the county nor the City has specifically budgeted funds for it. TIle county is generally in favor of the proposal. The 1 O-foot wide bituminous trail system would be maintained by the City. Funding sources would be ITom TIF funds, State Aid funds, the park bond currently being discussed, or a combination of these funding sources. It is estimated it will cost the City between $80,000 to $100,000. The county would design the trail system at their own cost, which is an additional savings to the City. There was some discussion on the specific location of the trail along the road. Mr. Erickson stated the trail would run within the right of way with additional trails looping around the Commercial Park. Wherever there may be trails on both sides of the road, the county would only pay for half of one side. They are still looking at the alignment, which will be brought back to the Council. Motion by Dehn, Seconded by Kunza, to direct StafIto look into the fact and establish a relationship with the county for a 50-50 split on the trail on Bunker Lake Boulevard. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. MAYOR/COUNCIL INPUT Signage on trail crossings - Councilmember Dehn stated there needs to be some crossing signage where the trails go to the end of the road. She understands that Public Works expects to install those signs soon. '-. - --'- -. . .. - .._-, - Regular Andover City Council Meeting Minutes - September 1, 1998 Page 10 (Mayor/Council input, Continued) Geese in Winslow Hills pond - Mayor McKelvey stated there is an over abundance of geese at the Winslow Hills pond and the residents are complaining. Mr. Carlberg suggested the residents contact the DNR. APPROVAL OF CLAIMS Motion by Dehn, Seconded by Kunza, payment of claims ($216,173.00 dated 8-25-98 and $58, I 07.25 dated 9-1-98) Motion carried on a 3- Yes, 2-Absent (Knight, Ortte1) vote. Motion by Kunza, Seconded by Dehn, to adjourn. Motion carried on a 3- Yes, 2-Absent (Knight, Orttel) vote. The meeting adjourned at 10:40 p.m. Rcspectfully submitted, \\~~~ Recording Secretary .-- þ -". -.. ~.-- _0__, _ -..-