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HomeMy WebLinkAboutSP August 18, 1998 C-.e-'·' , ~{ (J..',:) tc ':. n· . "c_,....\,-. CITY of ANDOVER PECIALANDOVER CITY COUNCIL MEETING-AUGUST 18,1998 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on August 18, 1998,6:10 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 Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others BUNKER LAKE BOULEVARD RECONSTRUCTION The Council met with the following to discuss the county's project ofreconstructing Bunker Lake Boulevard between Round Lake Boulevard and Hanson Boulevard: Jon Olson, Anoka County Highway Department engineer; Sue Mason, SEH, Project manager for the final design; and Glen Van Wormer, SEH, Transportation Department. Mr. Olson explained the project was moved up considerably due to the efforts of Commissioners Berg and McCully by convincing the Board to sell State Aid bonds for a variety of road projects. The SRF plan for the reconstruction of Bunker Lake Boulevard has been around for a number of years, and that plan is being used with some changes. It is proposed to be a four-lane divided roadway with turn lanes where appropriate. Ms. Mason stated she will produce a preliminary design, complete the EA Wand the final de~ign. They will come back to the City Council for further discussion after the preliminary design is completed, anticipating it will be done this fall. The final design is expected to be completed in late winter or early spring to start construction early in 1999. They have completed the soil borings and will be using noise monitors in some locations. The watersheds will be involved, as there will be some wetlands that will be impacted. There are also some potential right of way issues to fit in the road and a trail. Discussion was then on the project itself, proposed signal replacement, full-access and limited access intersections. The Council raised a concern with an intersection at Crooked Lake Boulevard and Bunker Lake Boulevard. The county proposal was that it be a full access intersection. The Council noted it is a very dangerous intersection now with only two lanes. It will be much worse once Bunker Lake Boulevard is four lanes. It was noted that a signal at that location is not recommended. Later in the meeting, it was suggested that possibly right of way could be purchased to the west to .. . - Special Andover City Council Meeting Minutes -August 18,1998 Page 2 (Bunker Lake Boulevard Reconstruction, Continued) Heather Street for a frontage road. Or a frontage road created from Gladiola west to Heather, and the traffic from Crooked Lake Boulevard routed west to Gladiola on a City street, north to the service road and onto Bunker Lake Boulevard at a signalized intersection. Crooked Lake Boulevard would then be a right-in, right-out only intersection. It was also recognized that Gladiola may also have to be widened. The engineers noted the intent to work with Crooked Lake Elementary School and Meadow Creek Church and School to have one signalized access in that vicinity. They also agreed to give further consideration to the Crooked Lake Boulevard intersection and to look at whether or not a service road could fit through that area. Another concern was on the intersection with Crosstown Drive. Mr. Olson suggested the City consider making Crosstown Drive a cul-de-sac with no access to Bunker Lake Boulevard, or a right- in, right-out only access. The Council noted that is a very dangerous intersection; however. there was also concern with affecting the businesses on that corner. A consideration may be to convert the apartment buildings to the east for commercial office space and provide a service drive on the north side of Bunker Lake Boulevard through that area. The Council asked if Bunker Lake Boulevard will be closed while it is being reconstructed. Mr. Olson stated it has not yet been determined. They can take the bridge out and route traffic around; however the only main crossings available are South Coon Creek Drive and Main Street. Possibly they could still keep access available for emergency vehicles. If one lane of traffic is kept open while the bridge is being replaced, it will cost another one-half million dollars and probably would mean the project would not be completed in one season. The discussion returned to the accesses onto Bunker Lake Bou!~vard. Mr. Van Wormer stated the goal is to eliminate direct accesses onto the road with service roads, to restrict accesses to right-in, right-out only where possible, or provide enough room on the shoulder so deceleration is provided for. Mr. Olson stated the proposal calls for a "suicide lane", that is two-way left turn lane, in front of the apartments, past Crosstown Drive and to Crosstown Boulevard. That could be eliminated with the support ITom the City Council. They would then proposed the plan with a median, which is what they would prefer. Councilmember Orttel again noted a satisfactory option would be to redevelop the residential area and put a service road in there. Mr. Olson explained the road is being designed as an urban design. There will be limited storm sewer costs to the City and half the curb and gutter costs, which is their normal policy, plus participation in whatever signal systems the City wants installed. The trail, which would fit on both sides of the road, would be a City cost. Mr. Erickson stated he has been negotiating with the County Parks Department on a SO-SO cost split on a trail along Bunker Lake Boulevard. Ms. Mason pointed out the trail system will have to use the frontage road between Heather and Quay because there is not enough room to construct a 10-foot trail through that area. Mr. Erickson stated the service road can be striped or no parking allowed on both sides of the frontage road. ,- - - -". -.. ..-- ..--,- ,.- - ----t- .~..- ~-.. -. ~- .. --. -.. Special Andover City Council Meeting Minutes - August 18, 1998 Page 3 (Bunker Lake Boulevard Reconstruction, Continued) Mr. Olson stated their preference would be to have the trail crossings at signalized intersections. Underground crossings cost about $60,000 to $70,000 per crossing using large pipe. There is one in the county in Centerville, and no one likes it. Mr. Van Wormer stated the problems with underground crossings are keeping them dry and security. Councilmember Orttel noted the City may be interested in additional landscaping, especially in the area of the industrial park. Mr. Olson stated the county is open to that. Decorative bricks, low shrubs, berms are allowed provided there is a sprinkling system and it is maintained. That would be a City cost, noting it is extremely expensive to maintain; and the county has the authority to tear it out if it is not being taken care of: The discussion continued on ponding, storm sewer and street intersections. Councilmember Knight noted there are complaints about the inability to get onto Bunker Lake Boulevard at Quay Street, yet he was concerned with eliminating the existing signal to the shopping center. Mr. Olson stated the reconstruction is being proposed for construction in 1999; however, Coon Rapids has been saying they want to reconstruct Main Street next year. He did not think both projects could be cone in the same year. If Coon Rapids is ready and has MnDOT approval, they will have to wait with this project for a year. It was agreed that Staffwill work with the county and SEH on the various issues on this project. The meeting was adjourned at 7:10 p.m. Respectfully submitted, ~~~ Marcella A. Peach Recording Secretary ~ . - - ~ -.. -. .--- ..--.- -,.- ~- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ity Council Meeting Tuesday, August 18, ] 998 agenda 6:00 PM - Special City Council Work SessionlBunker Lk Blvd NW Reconstruction/98-17 Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Approval of Minutes minutes· Discussion Items I. Train Whistle Blowing Ordinance Continued train 2. Amend Andover Comp Plan/Section 23/Ashford Dev. Corp., Inc. Continued amendcp 3. Rezoning/Section 23/Ashford Dev. Corp., Inc. Continued rzashford 4. Lighting Concept/Council Chambers lighting 5. Approve Park Bond Referendum for November General Election/98-] 8 bond9818 6. Update of Agreements/97-43/Hills of Bunker Lake Trail updt9743 7. Update of Septic Dump Station/98-2 updt982 8. Joint Law Enforcement Council jointlaw 9. Discuss Center Median Reconstruction/Country Ridge Commercial Site Plan median Staff.Committees. Commissions 10. Schedule Special Meeting with Park & Recreation Commission mtgpr ] I. Set Date/Ribbon Cutting Ceremony/97-43/Trail ribbon Non-Discussion/Consent Items 12. Appoint Election Judges judges 13. Release Letter of Credit/Woodland Pond woodpond ]4. Approve Purchase of Single-Axle Dump Truck/Plow/Wing and Sander dumptruck 15. Approve Purchase of One (I) 72" Mower with Cab, Broom and Snow Blower snowblower ]6. Approve Tree Trimmer tree 17. Approve Kennel License Renewal kennel ] 8. Approve Hire/Receptionist-Secretary hire 19. Approve Resolution/Accepting Streets & Utilities/Nightingale Preserve nigbtstr 20. Approve ResolutionINo Parking/l 48th Ave NW/Sunshine Park nopark 2]. Approve Plans & Specs/98-] 6/Shadowbrook 4th Addition appr9816 22. Update of Anoka County Highway Projects county 23. Approve Change Order/96-l5/Public Works Expansion c09615 24. Amend Ordinance No. 230, Noise Ordinance ord230 25. Amend Ordinance No.8, Section 19(A), Noise ord8 26. Update on Spruce BudwormlWoodland Ridge and Woodland Meadows budworm 27. Approve Deduct Change Order #3/96-30/Cherrywood Estates c09630 28. Approve Final Payment/96-30/Cherrywood Estates fpay9630 29. Approve ResolutionINo Parking/98-] Way Street NW . res9811 Mavor/Council Input Pavment of Claims Adjournment .. . REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 18,1998 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 2 CONSENT AGENDA Resolution R16S-98 approving election judges ................ . . . . . . . . . . . . . . .. 2 Release Letter of Credit/Woodland Pond.. . . .. . . . . . . . . . .. . . .. . . . . . . . .. . . . . . .. 2 Approve purchase of single-axle dump truck/plow/wing and sander ............... 2 Approve purchase of one 72-inch mower with cab, broom and snow blower. . . . . . . .. 2 Approve tree trimmer (Jarnes Blanske dba J.B. Tree) ........................... 2 Approve kennel license renewal (Whisper Willow Kennel) ...................... 2 Approve hire/Receptionist-Secretary (Michelle Hartner) ........................ 2 Resolution R166-98 accepting streets and utilities/Nightingale Preserve. . . . , . . . . . .. 2 Resolution R167-98 approving no parking/I 48th Avenue NW/Sunshine Park. . . . . . .. 2 Resolution R168-98 approving plans and specs/IP98-16/Shadowbrook 4th. . . . . . . . .. 2 Update of Anoka County highway projects .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Resolution R169-98 approving change orderIIP96-IS/Public Works Expansion ...... 3 Amend Ordinance No. 230, Noise Ordinance ................................. 3 Amend Odinance No.8, Section 19(A), Noise ................................ 3 Update on Spruce BudwormlWoodland Ridge and Woodland Meadows. . . . . . . . . . .. 3 Resolution R 170-98 approving deduct change order #3IIP96-30/Cherrywood Estates.. 3 Resolution R171-98 approving final payment/IP96-30/Cherrywood Estates ......... 3 Resolution RI72-98 approving minor changes to Agreement and Covenant Not to Sue 3 TRAIN WHISTLE BLOWING ORDINANCE. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . .. 3 Motion to refer to Planning Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 AMEND ANDOVER COMPREHENSIVE PLAN/SECTION 23/ASHFORD ........... 4 Motion to table the amendment and rezoning ................................. 6 LIGHTING CONCEPT/COUNCIL CHAMBERS Motion to accept bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 PARK BOND REFERENDUM FOR NOVEMBER GENERAL ELECTIONIIP98-18 .... 6 Motion to meet with Park Board on August 20 ................................ 7 UPDATE OF AGREEMENTSIIP97-43/HILLS OF BUNKER LAKE TRAIL ........... 7 CENTER MEDIAN RECONSTRUCTION/COUNTRY RIDGE COMMERCIAL SITE PLAN Motion to contribute up to $S,SOO for the project .............................. 7 DECLARE DOG A "DANGEROUS DOG" . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 7 UPDATE OF SEPTIC DUMP STATION/IP98-2 ....... ........................... 8 JOINT LAW ENFORCEMENT COUNCIL Motion to send letter to County Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 SET DATE/RIBBON CUTTING CEREMONYIIP97-43ffRAIL Motion to set ceremony for September 1,6:30 p.m. ............................ 9 NO PARKING/IP98-Il/JA Y STREETNW Resolution R173-98 approving the no parking on Jay Street. . . . . . . . . . . . . . . . . . . . .. 9 MAYOR/COUNCIL INPUT Racism article. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 PA YMENT OF CLAIMS .................................................... 9 ADJOURNMENT.......................................................... 9 - -". -.. ~.-- ..- -,- (..\..t'-!Y'.UL'C (to '," et-\.~ci ([1 ~ l cl ~3 ""\-- .-.... ; CITY of ANDOVER REGULAR CITY COUNCIL MEETING-AUGUST 18,1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, August 18, 1998,7:50 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. I ] 59 Andover Boulevard - suggested a correction in the August 4, 1998, City Council Minutes. He then stated he looked up the projected costs of the proposed Hanson Boulevard storm sewer project and found it would have cost $0.049 per square foot for that project. But then the area east of Hanson Boulevard was diverted to the Bluebird storm sewer area. He felt all the City is doing is prolonging the problem and that eventually the Hanson Boulevard storm sewer will be needed for the future expansion of the City HaIL The other side benefit is that it would solve the storm sewer problem for Hamilton Square and would eliminate the costs of going north to Ditch 37. He'd be willing to pay to serve that part of the future comm5rCial site, ûç h:õ. ¡m::p"Y1"'¡ 't\"û.:\- l0oLù~ ~ wo-üc\ D..\'o.i(\ \r'\-to \t.l C\-\-Cj€ Tony Brozek - has been told by Staff that he needs to install a fence around a 20-yard dumpster in the back of the commercial building on Hanson Boulevard and Commercial Boulevard. It doesn't make sense to him to do so when the entire back area already has a security fence that cannot be seen through. If the dumpster were fenced on three sides, it would be difficult to put things into it. The dumpster will be used for construction/commercial debris from smaller jobs, not paper. Councilmember Dehn was concerned with others having access to the dumpster and the possibility of creating a hazard. Mr. Carlberg stated he had asked Mr. Brozek to bring back a plan as to where the dumpster would be located. It is a matter of screening and proper fencing to be sure debris doesn't blow around. They are willing to work with Mr. Brozek. Mr. Brozek - explained there already is security, as the gates will not necessarily be open to the back all the time. The side away ITom the dumpster will be open more often. The dumpster will be in the back corner as far back as possible. They already have a pad for it, but he still didn't think another fence is needed around it. Ifthere are complaints about it, he would be willing to fence around it then. There is a separate dumpster that is enclosed for paper. The Council suggested discussing it further with Staff; and ifan agreement can't be reached, then bring it back to them. .. . Regular Andover City Council Meeting Minutes - August 18, 1998 Page 2 AGENDA APPROVAL Add Item 9a, Declare Dog a "Dangerous Dog"; Add Item 30, Approve Minor Changes to Agreement and Covenant Not to Sue. There was some discussion on Item 5, Approve Park Bond Referendum for November General Election, as some Councilmembers were unwilling to discuss the request without further information. The item was left on the agenda and briefly discussed later in the meeting. Move Item 29, Approve ResolutionINo ParkinglIP98-1 1/Jay Street NW from Consent Agenda for discussion. Motion by Dehn, Seconded by Kunza, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES July 28, 1998, Special Meeting with Comprehensive Plan Task Force: Correct as written. July 28, 1998, Special Meeting with Planning Commission: Correct as written. August 4, 1998, Page I, last sentence, change to read: "But now the value of the land that would be used for ponding is worth 100 times that amount." Motion by Orttel, Seconded by Dehn, the July 28 Minutes as presented. Motion carried on a 3- Yes, 2-Present (Knight, Kunza) vote. Motion by Orttel, Seconded by Dehn, the August 4 Minutes as amended. Motion carried unanimously. CONSENT AGENDA Item 12 Appoint Election Judges (Resolution RI65-98) Item 13 Release Letter ofCredit/Woodland Pond Item 14 Approve Purchase of Single-Axle Dump Truck/Plow/Wing and Sander Item 15 Approve Purchase of One 72-inch Mower with Cab/Broom and Snow Blower Item 16 Approve Tree Trimmer (James Blanske dba J.B. Tree) Item I 7 Approve Kennel License Renewal (Debbie & Dennis Brink - Whisper Wì1low Kennel) Item 18 Approve Hire/Receptionist-Secretary (Michelle Hartner) Item 19 Approve Resolution/Accepting Streets & UtilitieslNightingale Pre~erve (Resolution RI66-98) Item 20 Approve ResolutionINo Parking/148th Avenue NW/Sunshine Park (Resolution RI67-98) Item 21 Approve Plans and Specs/IP98-16/Shadowbrook 4th Addition (Resolution R 168-98) -- -. -.. ---.._- .._-,- -.-- ~_._-~- -~._-,. ~.. -~..-. ". -_.-, --" -.. Regular Andover City Council Meeting Minutes - August 18. 1998 Page 3 (Consent Agenda, Continued) Item 22 Update of Anoka County Highway Projects Item 23 Approve Change Order/IP96-1S/Public Works Expansion (Resolution R 169- 98) Item 24 Amend Ordinance No. 230, Noise Ordinance Item 25 Amend Ordinance No.8, Section 19(A), Noise Item 26 Update on Spruce Budworm/Woodland Ridge and Woodland Meadows Item 27 Approve Deduct Change Order #3/IP96-30/Cherrywood Estates (Resolution RI70-98) Item 28 Approve Final Payment/IP96-30/Cherrywood Estates (Resolution RI71-98) Item 30 Approve Minor Changes to Agreement and Covenant Not to Sue (Resolution R 172-98) Motion by Dehn, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. TRAIN WHISTLE BLOWING ORDINANCE Mr. Carlberg reviewed the research done by Staff on regulations regarding prohibiting train whistle blowing at grade crossings. State laws regulating whistle blowing require whistles be blown by the engineers one-fourth mile until through the intersection. The exception is in cities with ordinance such as the City of St. Paul. The problem with that ordinance, however, is that it requires cooperation from the railroad companies themselves to abide by that ordinance. It appears enforcement of that ordinance may be difficult. Federal law requires train whistle blowing plus provisions for exceptions as long as those intersections meet certain standards for safety. The City of Coon Rapids is attempting to follow those provisions and determine what changes have to be made at those intersections. The Federal government is also in the process of developing rules and regulations for federal law. They are doing an Environmental Impact Statement where they will be reviewing train whistle blowing at intersections and looking at exceptions. If Federal regulations are put in place, they will supersede State law or any City ordinance that may be enacted. There are five intersections that the railroad tracks cross in the City. All have signals and arms except the one on Ward Lake Drive. Attorney Hawkins advised if the City did enact an ordinance prohibiting the blowing of whistles and then there is an accident at one of the intersections, he felt the City would be named in the suit; but he was not sure the City would be held liable. He understands the Burlington Northern Railroad is not cooperating with the City of Coon Rapids on this issue, and that is why they are going through the Federal laws. That railroad company is saying the 1994 Federal laws override the City's ability to regulate the whistle blowing. The Council suggested contacting the railroad companies asking them to voluntarily agree not to blow the whistle at grade crossings with lights and arms. Even if Burlington Norther Railroad will - - - -.. -... ~._. _0__,· -.- - Regular Andover City Council Meeting Minutes -August 18,1998 Page 4 (Frain Whistle Blowing Ordinance, Continued) not stop, they may talk to their engineers to reduce the length and number of whistles blown at the intersections. Mr. Carlberg stated Staff can contact them and see if they would abide by an ordinance. Steve Feldman. 847 161st Avenue NW - reported on his findings since the last meeting in talking with representatives of the City ofSt. PauL He also related the number, the length of whistles blown and the times they have been blown since the last meeting. He has also found out about the individual who lives across the street and waves as the train goes by, that her son is the engineer of the train and is blowing the whistle just to say hello. He felt that is a violation. The railroad has told him the length of time the engineers drive up and back again on the tracks; so if there is a violation of whistle blowing, they can get the train number and call the railroad company to find out what engineer was on the train and ask that he be fined. The City of St. Paul stated since enacting the ordinance, the complaints on whistle blowing has dropped 35 percent. Sometimes the compliance and compassion of some engineers will stop the abuse by others as well. They want to eliminate the abusive whistle blowing and they need the clout of the City to accomplish it. They are only asking that there be no whistle blowing at the intersections in Andover between midnight and 6 a.m., seven days a week except as a warning if it is a safety situation. He agreed that the intersection at Ward Lake Drive would be an exception. He was wiIling to help the City in its research or whatever is needed until something is done. Another resident explained the whistle blowing keeps their baby awake at night. He was also concerned with the excessive speed. When going fast, the train shakes the entire property. When the trains arc going slower, there is no problem. The Council didn't feel they could deal with the speed issue, but they did feel an effort should be made to eliminate the excessive whistle blowing. Motion by Orttel, Seconded by Knight, to defer this to the Planning Commission to draft an ordinance based on Mr. Feldman's recommendation to eliminate whistle blowing from midnight to 6 a.m. except when eminent danger to life and property. Motion carried unanimously. AMEND ANDOVER COMPREHENSIVE PLAN/SECTION 23/ASHFORD DEVELOPMENT CORPORATION, INC. Mr. Fursman explained the engineer of Ashford Development Corporation has submitted a report indicating the storm sewer intake on Bluebird Street is slightly lower than the 100-year level on the pond when it was designed and instaIled. It means the pond as designed may never reach the 100- year level, as it may flood Bluebird Street first. This concern is being researched now. It does not appear there is a resolution of the drainage issue between the Hamilton Square project and Chesterton Commons. The Council may want to discuss the proposal regarding uses of the property. Mr. Erickson stated they are evaluating the findings of Ashford Development's report. There are other safety factors built into the pond, but he is not prepared to report on whether or not changes <- - ~ -,. ~~. ..-- .._-, - Regular Andover City Council Meeting Minutes - August 18, 1998 Page 5 (Andover Comprehensive Plan/Section 23/Ashford Development Corp., Continued) or additional construction is needed. The Council noted in order to develop the proposed parcel as commercial, Chesterton Commons 2nd would have to be replatted. Jeny Windschitl. Ashford Development - was not prepared to comment on the drainage issue until after the City reviews his engineer's report. On the use issue, he suggested the Council ask whether or not it makes sense for the City to have this in a commercial area. Their advanced marketing of the site shows businesses are receptive to it because it has good ingress and egress, because of its location and because of its visibility from Hanson Boulevard. Without a beer and wine license, it is unlikely they will be able to attract a nice family restaurant. They have had a number of discussions with a bank as well. If the parcel goes commercial, they would bring it back under an amended plat or a site plan where the drainage issue would be resolved. The pond would move to the north and slightly to the east to the edge of the property. There is a triangular piece of property that would be a remnant from the residential lots that would work well for the ponding. They know they can satisfY both the City's and watershed's requirements for ponding. The classification would be SC, Shopping Center. If there are some uses the City does not want to see there, he would be willing to contract rezone the parcel, eliminating the uses the City does not want to have there. Mr. Windschitl also stated they don't need the Hanson Boulevard storm sewer interceptor to do this project. The findings reported by Mr. Holasek during the Resident Forum this evening show that the entire parcel of Hamilton Square was originally planned to drain to the south. He felt there is some argument for Mr. Holasek's suggestion to construct the Hanson Boulevard interceptor, which would eliminate the storm sewer controversy of running the Hamilton Square water to the north. Mr. Erickson stated the entire storm sewer system evolved differently than the 1987 concept. Drainage to the south was looked at initially when the Hamilton Square project first came in. Councilmember Orttel suggested the possibility of condemning enough footage for right of way for a storm sewer pipe across this property. If the City installs the pipe, everyone will use it and be assessed for the costs. That may resolve the storm sewer issue in that area. Councilmember Knight was also conccrned with the entire road of Hanson Boulevard becoming commercial. Also, thc request for this commcrcial area is after residents are already living in thc area, and they may object to another commcrcial area. Councilmember Orttel thought the intent for this area in the Comprehensive Plan was to be the downtown area of Andover. Commercial areas are needed to servc the homes, but they should be high caliber and only on major roads with full intersections. There is so little service business in the City for the residents. He didn't have a problem with this area rezoned for commercial, but the storm drainage issue must be resolved before anything can happen. Councilmember Dehn liked the idea of a contract zoning since it is located across from the school. Mr. Windschitl- noted othcr cities with smaller populations have considerably more commercial and service development, noting Elk River as an example. He noted the homes that have bcen developed in Chesterton Commons are not even remotely close to this site. At the moment no platted lots or houses abut the sitc. If the drainage is an issue, he felt it is appropriate to table the item until the City "0 .. ..~ _0__,. Regular Andover City Council Meeting Minutes - August 18, 1998 Page 6 (Andover Comprehensive Plan/Section 23/Asliford Development Corp., Continued) can respond to his engineer's report He also did not have a problem meeting with Staffto discuss potential commercial uses for the site. Mr. Erickson stated they will attempt to have something back to the Council at the next meeting on the ponding issue. Mr. Windschitl - verbally requested that Items 2 and 3 on the agenda, the Comprehensive Plan Amendment and the Rezoning, be tabled to the next meeting. Mr. Fursman also wanted to explore the consequences of condemnation with Mr. Windschitl and the Hamiltons. Motion by Orttel, Seconded by Dehn, to so move. Motion carried unanimously. LIGHTING CONCEPT/COUNCIL CHAMBERS Motion by Orttel, Seconded by Dehn, approving the Building Official's recommendation to install more track lighting and solve the lighting problem in conjunction with the cable company up here. Motion carried unanimously. APPROVE PARK BOND REFERENDUM FOR NOVEMBER GENERAL ELECTION/IP98-I8 Park and Recreation Commission Chairperson Al Grabowski eXplained for the last six or eight weeks, the Commission has been discussing budgeting and the possibility of a bond referendum. Most of the park dedication funds have been used and there is little budgeted capital improvement funding. Most of the parks need to be brought up to ADA standards, the county is proposing the construction of a trail along Bunker Lake Boulevard on a SO-SO cost split, the installation of lights at the ball fields in Sunshine Park would eliminate the need to construct more ball field complexes . in the City, plus numerous other projects are being considered. He and Councilmember O'Toole met with the Staff to review possible projects that would be funded by a bond, and he apologized that that report is not before the Council this evening. He understood that because of the law, the approval to put the issue on the November ballot must be done by September I. Councilmember Orttel argued the way this is being presented is not how things are done in the City. They have not been shown a list of proposed projects and needs. The residents have not been surveyed to determine whether or not there is a need. There has been no resident input on the issue. He didn't want to go out for a bond unless the people say they want it. He felt this is being rushed through without any preparation and that much more research and planning is needed. ? . 1129 140th Lane - felt this is being railroaded through. . Tony Brozek. I] 55 ¡40th Lane - stated now Chairperson Grabowski wants him to continue the path on Hanson Boulevard that would benefit the whole commUlÚty. Before he had to have the bike path with a bridge across the creek not too far from the other one. He felt the community has to say no . .. _. ..- ..- -,- Regular Andover City Council Meeting Minutes -August 18,1998 Page 7 (Park Bond Reftrendumfor November General Election, IP98-18, Continued) to what the Commissioner wants. Councilmember Dehn noted it is not Chairperson Grabowski, but the Park Commission's decision. That Commission is made up of residents. She was also concerned that there is not sufficient time to adequately plan and prepare for the referendum. A detailed list of projects plus the impact to the residents is needed. After further discussion and debate on the issue, it was agreed the City Council would meet with the Park and Recreation Commission on Thursday, August 20, 7:30 p.m., prior to the Commission's regular meeting, primarily to discuss this issue. Motionby Orttel, Seconded by McKelvcy, to table this to the next Council meeting. DISCUSSION: It was felt that a special effort should be made to give public notice about the issue. Motion carried unanimously. UPDATE OF AGREEMENTSI/P97-43/HILLS OF BUNKER LAKE TRAIL Mr. Erickson stated the City is still waiting for the original documents on one other vehicle owned by one of the property owners. The Council recognized the update that everything is completed with the one exception. DlSCUSSCENTER MEDIAN RECONSTRUCTION/COUNTRY RIDGE COMMERCIAL SITE PLAN Mr. Erickson reviewed the project to reconstruct the center median along Commercial Boulevard west of Hanson Boulevard to provide a turn lane for the Country Ridge site. The only quote received for the project was ITom W. B. Miller for $19,548.75. The quote ITom the developer's contractor did not include all of the items. It was originally understood and agreed that the developer would pay the expense for any adjustment to the median at this location to provide access to this site. He proposed the contractor build the access and the City inspect it. The current owner is reque~ting City assistance in funding the project. The Council generally agreed to assisting with the cost of the improvement, thinking it was a mistake that no access was provided to the development originally. Motion by Orttel, Seconded by Dehn, that the Council contribute up to $5,500 for the project, funds to come from the TIF fund. Motion carried unanimously. DECLARE DOG A "DANGEROUS DOG" The Council noted the incident of a Chesapeke Mix Dog owned by Mark Gehring attacking a 10- year-old girl on August 6, 1998. It also attempted to attack two Community Service Officers. - -,. -.. .--- ----,. Regular Andover City Council Meeting Minutes - August 18, 1998 Page 8 (Declare Dog a "Dangerous Dog", Continued) Mark Gehring. 1570 I 44th Avenue - owner of the dog. He stated his son was taking the dog out to go to the bath room. His son didn't see the dog bite the girl or attack the CSOs. He stated it is very odd that his dog would attack anyone, as there has never been a problem before. The dog has been around children, and he doesn't understand what happened here. The dog is about 2 Yz-years old and had puppies last year. He heard mace was used, but he didn't know why his dog would attack the CSOs. He disagreed with the police report that the incident took place on the neighbor's yard. His son stated it was in the cul-de-sac. He didn't see the doctor's report of the girl. This is not something his dog would normally do, and he apologized for the incident. They are now putting a chain link fence around the house to insure that nothing happens again. ? . Mr. Gehring's brother in law - was watching the Council on TV and realized this issue was going to be discussed, so he came down here specifically to tell the Council that he has known this dog since it was a puppy. This is not a violent dog; it is not mean. If something happened witr. the girl, he felt the dog was provoked. He doesn't know what happened with the CSOs, but he adamantly defended the dog as not being violent or mean. Council member Dehn noted the dog did not have its rabies shot. The ordinance requires proper shots and licensing. Attorney Hawkins reviewed the newly revised dog ordinance as to declaring a dog a "dangerous dog" and the implications of doing so. There is no variance ITom the definition. Under the new wording in the ordinance, he did not think the actions of the dog deemed it to be a dangerous dog. The Council discussed the ordinance as written, which states that the dog must do substantial bodily harm. Because of that statement and the fact that they had no medical report on the girl, they questioned whether a dog bite could be defined as substantial bodily harm. It was suggested that Staff review the ordinance wording. No action was taken on this particular dog. UPDATE OF SEPTIC DUMP STATIONIIP98-2 Mr. Fursman understood an offer has been made to purchase the entire parcel by a landscape firm. Subsequently, the landscape operator has discussed this with the City and found the need to rezone the property and the buildability issues with the flood plain. He had approached the landscape company about an agreement to allow the City to acquire a portion of the parcel for the septic dûmp station, but he didn't know where that stands now. They have selected three appraisers to determine the market value of the property in question. The Council took no action at this time. JOINT LAW ENFORCEMENT COUNCIL Motion by Orttel, Seconded by Dehn, to approve the letter going to the County Attorney that the City have a member or members included on the Law Enforcement Council. Motion carried unanimously. ~ -". --. .. . -"- -,- Regular Andover City Council Meeting Minutes -August 18,1998 Page 9 SET DATE/RIBBON CUTTING CEREMONY/IP97-43ITRAIL The Council suggested the ribbon cutting ceremony for the trail system be held at 6;30 p.m., September I, just prior to the regular Council meeting. Motion by Orttel, Seconded by Dehn, to so move. Motion carried unanimously. APPROVE RESOLUTIONINO PARKING/IP98-I I/JAY STREET NW Mayor McKelvey asked if the parking restrictions along Jay Street will be permanent. Mr. Erickson stated yes, that there will be no parking on both side as required by State Aid. The Mayor noted the bus company had asked ifthey could park on the street as an overflow during the day. It probably would be better to park in the theater parking lot instead. Motion by Orttel, Seconded by Dehn, to approve Item 29 as presented. (Resolution R173-98 to restrict parking on both sides of Jay Street between Commercial Boulevard and Bunker Lake Boulevard) Motion carried unanimously. MAYOR/COUNCIL INPUT Racism article- Councilmember Knight wondered if a response is needed to the article in the Andover Times regarding the race issue. He has received a call about the article and felt it was misrepresenting. The Council briefly discussed the article, thinking the City is not what the article talked about and that the City was misrepresented. Mr. Fursman stated he started conducting research in deciding whether or not to respond to the article. The article was more of an editorial which was sensationalized and facts not researched. The question is whether a response is warranted. No action was taken at this time. PAYMENT OF CLAIMS Motion by Knight, Seconded by Dehn, to so move. Motion carried unanimously. Motion by Kunza, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 10;36 p.m. esp~tt c~L Ila A. Peach, Recording Secretary .~.~ -", --- ..-. .._-, .