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HomeMy WebLinkAboutCC April 19, 2005 ~~tt ON ~l ~5-noS J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, April 19, 2005 Call to Order-7:00 p.m. Pledge of Allegiance Proclamation/Arbor Day (April 29) Resident Forum Presentation/HLB Tautges Redpath/2004 City of Andover Audit - Finance Agenda Approval 1. Approval of Minutes (3/29/05 Workshop, 4/5/05 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Advertisement for Bids/04-52/Well #9/Drilling - Engineering 4. Approve Plans & Specs/Order Advertisement for Bids/04-52A1Well #9/Transmission Line - Engineering 5. Consider On-Sale 3.2% Liquor License Renewal/Woodland Creek Golf Course - Clerk 6. Accept 2004 City of Andover Audit Report - Finance 7. Approve Lease Agreement Skate Park Equipment - Engineering 8. Accept Quit Claim DeedIPrairie Cove Trail - Engineering 9. Declare Surplus Equipment/Senior Center-Finance I Discussion Items 10. Receive Anoka County Sheriffs Department MontWy Report - Sheriff 11. Approve Plans & Specs/Order Advertisement for Bids/05-2/2005 Overlays - Engineering 12. Accept or Reject Feasibility Report/05-6/1487 - 148th Lane NW & Surrounding Area - Engineering 13. Accept Petition/Order Feasibility Report/05-29/14355 Crosstown Blvd. NW/SS & WM - Engineering 14. Consider Rezoning/R-l to R-4/665 140th Lane NW-Planning 15. Consider Lot Split/665 140th Lane NW-Planning 16. Consider Conditional Use PermitlRetain Garage/665 140th Lane NW-Planning Staff Item 17. Schedule EDA Meeting- Administration 18. Schedule May Workshop-Administration 19. Administrator Report - Administration Mayor/Council Input Adjournment \ J J REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 19, 2005 TABLE OF CONTENTS J PLEDGE OF ALLEGIENCE .....................................................................................................1 PROCLAMATION/ARBOR DAY (APRIL 29) ........................................................................1 RESIDENT FORUM ...... .............. ..... .............................. ........... ............................ .............. ......1 PRESENTATION/HLB TAUTGES REDPATH/2004 CITY OF ANDOVER AUDIT............I AGENDA APPROVAL .............................................................................................................2 APPROVAL OF MINUTES.................._....................................................................................2 CONSENT ITEMS Approve Payment of Claims... ............ ..... .......... ........ ........................................... ...... ..........2 Resolution R071-0S approving Plans & Specs/Order Advertisement for Bids/04-52/Well #9/Drilling ............... .......... ....... ..... ... ......... ........ ........ ...... ............. ... ....... .......-... .... ........ ..2 Resolution ROn-OS approving Plans & Specs/Order Advertisement for Bids/04-52A1 Well #9rrransmission Line......... ............ .......... ..... ..... .... ............ .... .......... ................... ....2 Consider On-Sale 3.2% Liquor License Renewal/Woodland Creek Golf Course ...............2 Motion accepting 2004 City of Andover Audit Report ........................................................2 Motion approving Lease Agreement Skate Park Equipment................................................2 Motion accepting Quit Claim Deed/Prairie Cove Trail........................................................2 Declare Surplus Equipment/Senior Center ...........................................................................3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received .. ..... .............. ...... ....... ........... ............ .................. .................... ......... ...... .... ..... ....... ..3 APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/05-2/2005 OVERLAYS Motion to approve Resolution R073-0S ................................................................................3 ACCEPT OR REJECT FEASIBILITY REPORT/05-6/1487-148lH LANE NW & SURROUNDING AREA Motion to Reject Resolution R074-0S...................................................................................5 ACCEPT PETITION/ORDER FEASIBILITY REPORT/05-29/14355 CROSSTOWN BOULEVARD NW/SS & WM Motion to approve Resolution R07S-0S ................................................................................8 CONSIDER REZONING/R-l TO R-4/665 140lH LANE NW Motion to approve Ordinance No. 309 ................................................................................8 CONSIDER LOT SPLIT/665 140lH LANE NW Motion to approve Resolution R076-0S ................................................................................9 CONSIDER CONDITIONAL USE PERMIT/RETAIN GARAGE/665 140lH LANE NW Motion to approve Resolution R077-0S ................................................................................9 HIGHWAY DEPARTMENT ISSUES Motion to authorize meeting..................................................................................................10 SCHEDULE EDA MEETING ...................................................................................................15 SCHEDULE MAY WORKSHOP ..............................................................................................15 ADMlNISTRA TOR'S REPORT ...............................................................................................16 J Regular Andover City Council Meeting Minutes - April 19, 2005 Table of Contents Page ii MAYOR/COUNCIL INPUT Sunshine Park Sirens .............................................................................................................16 Recycle Day......... ................. ......... ......... ..................... ................... ............. .......... .............. ..16 ADJOURNMENT ......................................................................................................................16 / \, / REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 19, 2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 19, 2005, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, Barry Sullivan City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE PROCLAMATION/ARBOR DAY (APRIL 29) Mayor Gamache read the Arbor Day Proclamation. RESIDENT FORUM Mr. Darren Lazan - stated he had a letter sent requesting an item be added to the agenda and he wanted to know what the status is. Mr. Dickinson stated at this point it would be at the pleasure of the Council if they want to add and discuss the item. Councilmember Jacobson stated he was going to add something when it came to agenda approval. PRESENTATlONnILB TAUTGES REDPATlU2004 CITY OF ANDOVER AUDIT City Administrator Dickinson introduced Mr. Mark Gibbs, HLB Tautges Redpath, who made a presentation to the City Council regarding the 2004 year end audit. ; Councilmember Jacobson stated the only two issues the auditor found were a couple of journal entries and a credit card discrepancy. Mr. Gibbs stated that was correct. They do a lot oftesting of the records and they only found those few items. Councilmember Jacobson thought that was good. Mr. Dickinson stated the primary responsibility for the document is within the Finance \ Regular Andover City Council Meeting Minutes - April 19, 2005 Page 2 ) Department and he wanted to thank Lee Brezinka for all the work he did on the audit. He noted he did an excellent job and they were glad they have him. The Council agreed. AGENDA APPROVAL Add Item 16a, (Highway Department Issues). Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 29, 2005, Workshop Meeting: Correct as written. April 5, 2005, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page 12 of the regular minutes, approximately three quarters down the page, the sentence should read "...approved a Conditional Use Permit for one off-sale liquor business". Councilmember Trude stated the sentence on page 12 after the break should be removed because during the break the Council did not discuss this item further. It was only after the break that the Council discussed this item further. Motion by Trude, Seconded by Knight, approval of the April 5, 2005 Minutes as indicated above. Motion carried unanimously. Motion by Trude, Seconded by Knight, approval of the March 29, 2005 Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Approval of Claims Approve Plans & Specs/Order Advertisement for Bids/04-52/Well #9/Drilling (See Resolution R071-05) Approve Plans & Specs/Order Advertisement for Bids/04-52AIW ell #9{[ransmission Line (See Resolution ROn-05) Consider On-Sale 3.2% Liquor License RenewallWoodland Creek Golf Course Accept 2004 City of Andover Audit Report Approve Lease Agreement Skate Park Equipment Accept Quit Claim Deed/Prairie Cove Trail Declare Surplus Equipment/Senior Center .1 Regular Andover City Council Meeting Minutes - April 19, 2005 Page 3 Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVEANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Captain Jenkins stated another item the Sheriff's Department has been enforcing is the truck weight restriction on roads. He asked that they abide by the restrictions on the roadways. They do have people out scaling the trucks. Councilmember Orttel wondered when the road restrictions will be coming off the roads. Mr. Berkowitz stated the road restriction is usually eight weeks. The restriction was put on late and would be coming off in the middle of May. They are hoping with the nice weather that the road restrictions would come off sooner, but they follow the County and the County follows the State. Councilmember Trude wondered if they have an officer that uses a bike on occasion to patrol the trails, especially along Coon Creek. Captain Jenkins stated they use a wide array of transportation, which would include the squad cars patrolling on the bike paths along with bikes and ATV's. He stated they also have an off highway vehicle in which they are encouraging their deputies to spend more time in the parks and patrol them with that method as well. Most notably, the Coon Creek Corridor Park area between Hanson Boulevard and the railroad tracks has probably attracted the most attention to the horse riders and he would like to remind them that City Parks are restrictive to horse travel because horses can ruin trails. Councilmember Trude stated Bunker Lake Boulevard is closed at Jefferson. She wondered if this is for all summer. Captain Jenkins stated he thought this was going to be done like the construction done at Prairie Road and Bunker Lake Boulevard. Mr. Berkowitz stated the County had notified them of a completion sometime in June weather dependent. APPROVE PLANS & SPECS/ORDERADVERTISEMENT FOR BIDS/05-2/2005 OVERLAYS City Engineer Berkowitz stated the City Council is requested to approve [mal plans and specifications and order the advertisement of bids for Project 05-2,2005 Overlays. / Mr. Berkowitz reviewed additional information with the City Council. They are not currently out for bids on this project. If approved, they will go out for bids next week. He reviewed previous reconstructs that were done in the City with the Council. Councilmember Trude thanked staff for the thorough map. Regular Andover City Council Meeting Minutes - April 19, 2005 Page 4 Councilmember Jacobson stated one of the issues they had at the last meeting was there was not a policy in writing regarding this. He agreed they do not have a written policy on this but they have gone by past practice. Mr. Berkowitz stated they have gone by a combination of past process and Council approval but there is not a written policy. Councilmember Knight asked if there was research done on other cities and what the practice is regarding concrete curbing. Mr. Berkowitz stated he sent out an email to other cities to see what the other communities are doing. Every response he has received has indicated they are all installing concrete curb and gutter in their reconstruct areas that have bituminous curb. Councilmember Knight asked what concrete curb adds to street life. Mr. Berkowitz stated it does add substantial life to the pavement. He stated there are other benefits also to reconstructing concrete curb streets. Mr. Larry Whitman, 3736 171 sl Circle NW, stated they are basically in agreement with the City. They have asked City Staff for a written policy and there is not one in the City. It concerns him that there is not a written policy as they improve the neighborhoods. Another concern is their neighborhood is the same as the neighborhood to the north as far as drainage. . He noted there are four big culverts that drain into a ditch to the Rum River. The neighborhood agreed it is major drainage for the neighborhood. He indicated there have been problems and washouts in the neighborhood. There was discussion as to the reasons why the roads have been reconstructed in the different neighborhoods and how they determined what neighborhoods received concrete curb. Councilmember Jacobson stated he thought everyone would agree that the roads need to be done because they are in their classification at a number four which is not all that great and by doing it all at once, they have some economy of scale so they can do it a little bit better. He did not think anyone is questioning the need for concrete curb; they are questioning who pays for the concrete. Mr. Whitman stated without a clear-cut policy they are confused and feel it is not worth proceeding. He felt they are providing the drainage for the entire neighborhood. He wondered why everyone does not receive concrete curb if it benefits the City. He did not think this upgraded the neighborhood and felt there are issues there. Another resident stated when the pond on 17Sth overflows they take large drainage pipes to bring the water down to their water basins for drainage. " Mr. Berkowitz showed on the neighborhood map how the water drains. / Mr. Brock Abrahamson, Innd Avenue, stated they are part of the first addition. He thought they were being charged only on frontage but he also thought they are being taxed on their sideage. He wondered how they determine who pays. Mr. Berkowitz explained how the City determines the cost Regular Andover City Council Meeting Minutes - April 19, 2005 Page 5 and who pays. Mr. Abrahamson wondered what the one time benefit is. He stated they have never had problems with drainage. He also wondered what the policy is. He did not understand how they determine who pays for the improvement. The Council discussed the reasons for reconstructing the road and why the residents need to pay for a portion of the reconstruct. Mr. Berkowitz stated they are going to look at this and this summer will get a policy out. Mayor Gamache understood the concern and confusion of the neighborhood but he felt they are following the policy they have used before. Councilmember Knight thought part of the problem was they do not have a written policy. He would be willing to delay this until they get a written policy developed. Mayor Gamache agreed but his concern was the costs rising if they delayed this project until the policy is written. Motion by Jacobson, Seconded by Orttel, to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 05-2, street mill and overlay in the area of Valley View Estates, north half of Valley View Estates 2nd Addition and the Russell Stack development. Motion carried 4 ayes, 1 nay (Knight). (Resolution R073-05) Councilmember Knight stated he does not oppose the policy. Motion by Jacobson, Seconded by Trude, to require staff to develop a written policy for curb and ditching options on road reconstruction in the City and bring the policy back to them within sixty days for review. Councilmember Orttel thought that if the written policy would change, he did not think the changes should include this project. The Council agreed. Motion carried unanimously. ACCEPT OR REJECT FEASIBILITY REPORT/05-6/1487 - 148TH LANE NW & SURROUNDING AREA City Engineer Berkowitz explained the City Council is requested to accept or reject the feasibility \ report Project 05-6, 1487 - 148th Lane NW & Surrounding Area. , I Councilmember Trude noted they have all the letters from the people who attended the informational meetings and they see that it is everybody except the person who wants the lot split does not want to see this go through. / Regular Andover City Council Meeting Minutes - April 19, 2005 Page 6 Councilmember Jacobson stated they have approved the lot split on a condition of utilities being hooked up and now they are in the position of possibly saying that as a City they will not supply the sewer and water to the parcel because of various reasons. He asked City Attorney Sullivan if this would put the City in any legal difficulty if they were to deny having already approved a lot split and then not providing for the City sewer and water. City Attorney Sullivan stated as he understood it, there was an application for a lot split that was approved with a variety of conditions and a condition to hook up to utilities. In his mind, it is an approved lot split with conditions that will simply not be met within the time period. He did not think they opened themselves up to a liability because they made no promises they would extend utilities. Trude stated the fact that a feasibility report was ordered, that is part of the process of evaluating the ability to connect the sewer and water utilities and they did not have the information. Mr. Dickinson stated when they are talking about the lots and what is included they are depicting the entire Oak Bluff Development, including the green lot as the development area where the assessment will be contained. He showed the area on the map. / Mayor Gamache stated the piece that was split is close to being in the middle of the block and they will need to run sewer and water past four pieces that would have to pay for that and that is what the residents are opposed to. Mr. Berkowitz stated there is a gap in the water main and their recommendation would be to connect the system through otherwise there will not be a connection there. Councilmember Orttel asked if there was a way they could service that lot from the west at a cost that would be absorbed by the lot split. Mr. Berkowitz stated the applicant has requested them to look at different options, which they have done. Part of the feasibility report included reconstruction of the road. The bituminous of the roadway was going to be picked up by the road and bridge fund. Each unit that had already been assessed for sewer and water would only pay for their concrete curb. Mr. Berkowitz stated they looked at both options, they looked at serving from the east and west and it ranges about the same amount. Once all the assessments are tied to it, they are looking at the mid ninety thousand range. The applicant had requested while other lots in the past have just been required to have sewer extended to them, what the cost would be to extend just the sewer and not the water. It was still in the seventy thousand range. Mr. Berkowitz stated another question the applicant brought up was deferring the cost. He stated they would not recommend that because the City cannot carry the cost. \ Mr. Berkowitz stated his assessment would be about twenty-four thousand if the entire project were to go. Mr. Keith Olson, 1487 148th Lane, stated his understanding is the person to the east of him was voting for this proposal and his understanding was there were a couple people who did not send in Regular Andover City Council Meeting Minutes-April 19, 2005 Page 7 any letters so the orange on the map is not correct. Mr. Berkowitz stated they held two informational meetings where they had comment sheets. Mr. Olson stated three years ago when he bought his home he came to the City to find out if the lot was split-able and where the utilities are in conjunction with his home. The City staff showed him maps indicating the sewer and water was right by his house. He stated a neighbor split their lot and the split went through and the City did not pull down the water so he was stuck. He stated he is landlocked now because of this. If everything was done correctly with the first lot split, and the sewer and water were run forward, three-fourths of the street would now vote yes. Mr. Berkowitz stated the two lot splits to the west of Mr. Olson's property; the sewer was extended in 1995 to serve the north lot. Water was not required to be extended at that time. Mr. Ed Rabideaux, 1455 148th Lane, stated the reason he would want this to go through is because eventually he is going to split his property and he believes the rest of the neighborhood will also split their lots. He sees this as an investment to do it now when they can get it cheaper. Councilmember Orttel asked how many impacted properties there are. Mr. Berkowitz stated there are ten properties with a variation of assessments. The Council discussed with staff what was previously done and what would be assessed to each property. Mr. Guy Mahmarian, 1484 148th Lane, stated he has lived in the house almost twenty years and when they moved into the neighborhood, they had a covenant with everybody on the block that stated if someone wanted to split their lot, they would need to get together to discuss this. But with people selling, the covenant disappeared and lots started splitting. The twenty-five thousand dollar assessment to be spread out over five years for something he does not want is his biggest issue. Another issue is that an informal survey of the houses all the way down the other end of the street was taken and people said they were not interested in splitting their lots so they were pretty much eliminated from the feasibility end and splitting of the costs of this assessment. He stated this is something he does not want and has no interest in hooking up. He did not approve of getting forced into this. He understood the logic of doing this right but he has a great septic system and perfect water quality. Mr. Myron Gannon, 1452 148th Lane NW, stated they do not want this improvement. / Mr. Olson stated his only concern is he bought the property as an investment and he went to the City asking for help on this as an investment and he was given wrong information. He stated he will not be spending $93,000 to hook up to utilities. It is a matter of either doing this improvement now or in three years when someone else wants to split their property. He wondered what the City was going to do. Councilmember Trude stated the City does not need to do anything because it is not their responsibility to help Mr. Olson make money as an investment. Councilmember Knight stated they are not in a position to dictate what someone is going to do with Regular Andover City Council Meeting Minutes - April 19, 2005 Page 8 their property. Motion by Jacobson, Seconded by Trude, to reject the feasibility report Project 05-6,1487 -148th Lane NW & Surrounding Area. Councilmember Trude did not think this was feasible for the neighborhood. Mayor Gamache asked if City Attorney Sullivan had any input in regard to the rejection. City Attorney Sullivan stated hooking up would be a condition of the lot split. Mr. Dickinson stated the lot split could not be finalized without the hook up of sewer and water. Mr. Olson asked if the water was feasibly there. Mayor Gamache stated it is not feasibly there. Mr. Olson asked ifhe could split the lot without installing water. Mayor Gamache stated the lot split is conditioned on installing sewer and water. Motion carried unanimously. (Resolution R074-05) ACCEPT PETITION/ORDER FEASIBILITY REPORT/05-29/14355 CROSSTOWN BOULEVARD NW/SS & WM City Engineer Berkowitz noted the City has received a petition from the property owner of 14355 Crosstown Boulevard NW requesting the improvement of sanitary sewer and water main, Project 05- 29. Councilmember Orttel stepped down. Motion by Jacobson, Seconded by Knight, to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and water main for Project 05-29, 14355 Crosstown Boulevard NW. Motion carried unanimously. (Resolution R075-05) CONSIDER REZONING/R-l TO R-4/665 140TH LANE NW Community Development Director Neumeister stated the City Council is asked to review the proposed rezoning to allow the split on this property to move forward. Motion by Knight, Seconded by Jacobson, to approve the rezoning request based on the fact that times and conditions have changed. Councilmember Trude stated this is an area north of Prairie Road and 140th Lane. Motion carried unanimously. (Ordinance No. 309) Regular Andover City Council Meeting Minutes - April 19, 2005 Page 9 CONSIDER LOT SPLIT/665 140TH LANE NW Community Development Director Neumeister explained the applicant is proposing to convert an existing rural residential lot into two urban residential lots. The property contains an existing house, a detached garage, and a shed. Motion by J aco bson, Seconded by Knight, to approve the proposed lot split with two minor changes: In the second line, take out the word "rural" so the sentence reads: "Subdivide a fI:lffil-residentiallot" and under the first Whereas, take out the word "rural" because it is not rural and has been rezoned. Mr. Neumeister pointed out to the Council one of the conditions of the resolution indicates both lots shall be connected to municipal sewer and water systems. Motion carried unanimously. (Resolution R 076-05) CONSIDER CONDITIONAL USE PERMIT/RETAIN GARAGE/665 140TH LANE NW Community Development Director Neumeister stated the applicant is requesting to allow the existing detached garage to remain on the newly created lot prior to the construction of a principal structure. Councilmember Jacobson stated he went by the property and he did not know how they could remodel it or move the garage so it faces a different direction. He did not know if this could be structurally done. Mr. Kevin Denekamp, 66S 140th Lane NW, stated he was not sure what he was going to do with the garage. It depends on what kind of house he will put there. He could tip the garage parallel to the walk. He indicated he would move the door from one side to the other but he would like to do that while he is building the house. Motion by Knight, Seconded by Jacobson, approve the Conditional Use Permit application. Mayor Gamache asked if there was any mention of timing on moving the garage door. Mr. Neumeister stated there was not anything in the resolution. City Attorney Sullivan stated there would be a sunset clause built into it. Motion carried unanimously. (Resolution ROn-OS) ,J HIGHWAY DEPARTMENT ISSUES Councilmember Jacobson stated he has received some emails from the Anoka County Highway Regular Andover City Council Meeting Minutes - April 19, 2005 Page 10 Department about blocking off access. They have been debating with the County for a long time and some of the statements made in the emails were not factually correct. Councilmember Jacobson thought that the Council and staff have been trying to work with the Highway Department staff for sometime and they still have difficulties and problems with them on some things and he thought they have exhausted what they can do and there will have to be a political decision by the County Commissions to tell the Highway Department what the Commission wants to do. He suggested they request Chairman Margaret Langfeld discuss this issue with the Highway Department. He thought they could have someone from Clocktower Commons represented and City Staff represented to mediate the issues. Councilmember Trude supported authorizing staff to help get this resolved but she did not know if Chairman Langfeld would want to put herself in that position. She thought they would have to request that of her. Councilmember Jacobson stated he is not raising the issue just because of the issue with Clocktower Commons but he thought the general overall feeling and relationship they have had with the Highway Department over the last few years has not been the best and he thought they need to settle some of the issues. Councilmember Trude knew this came to them and they started talking about partnering with the developer for the Community Center Project to see if they could get temporary access, full access, a signal light and they pursued that with the County for a while and it is kind of interesting that the same threat was thrown at them that if they connected City Hall parking lot to the Community Center parking lot, there would be a median placed on Crosstown for a right inlright out access only. Recently they were making the same assertion regarding Jay Street being connected to Hanson Boulevard. Hanson Boulevard is also at its full capacity and the reconstruct keeps getting delayed. Councilmember Trude stated this is not a good way to get their goals met. Councilmember Jacobson stated there are a number of issues that need to be addressed. Councilmember Knight found it offensive that it would be said that there was no serious proposal being made because a lot of people have worked hard on this and it did not make sense to him. He thought the Highway Department was trying to turn Hanson Boulevard into something like Highway 65. Hanson Boulevard is their commercial lifeline along with Bunker Lake Boulevard and he thought they need to see the City's perspective on that. Councilmember Orttel stated the Highway Department is trying to keep it their commercial lifeline. That is the problem and the City has been fighting them on it and their proposals have not changed. He knows that not everyone agrees with what the recommendations are but when ; dealing with traffic safety he did not think this was a political issue. There should be safety people involved in this project and he thought that is what the Highway Department has felt they have done. No one has ever countered that and they are dealing with traffic safety. Regular Andover City Council Meeting Minutes - Apri/19, 2005 Page 11 Councilmember Knight stated at one time the Highway Department was part ofthe proposal for a three-way intersection on Bluebird and now that has been tossed out. Mayor Gamache thought they have okayed a three way intersection at Bluebird if a raised median was put in. Councilmember Jacobson stated another issue that needs to be brought up is if they are treating Andover the same as they are treating some of the developments in Blaine and other areas. He wondered about consistency. Mayor Gamache stated he has seen the email regarding the raised median on Hanson and Bluebird Street and he cannot argue with them on what they are requesting. Councilmember Trude indicated she heard about the pork chop median and they discussed how this would affect the Community Center and the commercial development. Mayor Gamache stated the Highway Department will be allowing left turns unless Clocktower Commons does not build this, then they will put a barrier up closing it off. Councilmember Jacobson stated in regard to Clocktower Commons, the Highway Department just did some road work up in that area and from what he reads in the email, they are saying it is deficient and needs to be done better which does not make sense to him. The City Council recessed at 9:43 p.m. The City Council reconvened at 9:48 p.m. Motion by Jacobson, Seconded by Trude, to authorize staff to set up a meeting to discuss issues between the City Staff, Mr. Lazan, and the Highway Department within three weeks to discuss the issues with access onto County Roads, movement issues and other items in dispute. Mr. Darren Lazan stated, as the Council is aware, they have been attempting to resolve the traffic issue for a little over two years and it has had many iterations. They are at an impasse with the Highway Department and are requesting the City's assistance in getting them over that hurdle. He thought they were close to resolving this but the bar seems to have shifted. He is prepared to discuss this topic in any detail today. Mr. Lazan explained the history of what they have gone through with the Highway Department. Mr. Lazan stated through the City Administrator and Engineer they were told they had until April to put a plan in place. They worked to put that plan in place and presented it to the City. What came back to him was the plan looked good in general and it would be reviewed. He checked with Mr. Dickinson on a weekly basis as to where they are at and two weeks ago they received a brief email saying the plan was rejected for three reasons. The fIrst reason was that they misunderstood the plan and thought there were two through lanes. In reality there is one in each direction and that was not a factor. The second reason was they were implying they were broadening the roadway onto an improper section. They never provided sections. It was always assumed that if they got the geometrics resolved, they would deal with where the traffic lanes Regular Andover City Council Meeting Minutes - April 19, 2005 Page 12 were diverted. They would deal with the pavement sections at that time. They were not implying they would not provide sections appropriate for the through lanes. The third reason, which he believed was causing the impasse right now, was the hard channelization. He showed where the striping and pork chop would be in the plan. Mr. Lazan stated they prepared the ultimate plan that was presented to the County. He showed the County's actual review with their handwritten notes. He stated clearly the discussion was painted islands and always has been. Mr. Lazan stated when they put the abatement application together it was based on those documents. When they met with the Highway Department they prepared a document for their reVIew. Mr. Lazan showed the plan they last prepared for the Highway Department indicating they put everything the Highway Department suggested into the plan, presented it and it was rejected. He objected to the implication that they have not done anything. They have done everything requested for two years. Mr. Lazan explained the Highway Department's plans for the intersection up to the last rejection. Councilmember Jacobson appreciated what Mr. Lazan is saying but his suggestion for a meeting with some of the County Commissioners is not just for him. There are other issues they need to resolve and he did not think they could get them resolved with just the Highway Department staff. He thought they needed to sit down and talk. Councilmember Orttel stated the problem with this issue is the Council let this go through without receiving County approval and they have had numerous projects since on County roads without problems. Councilmember Orttel did not think it was the City's business to get involved with a private business and the Highway Department. Councilmember Trude stated this will also affect the Community Center and access into that. Councilmember Knight stated this is the City's signature piece of commercial development and the County should be willing to step up and try to make this as good as it could be instead of stonewalling. Councilmember Orttel thought developers should pay their own way. Mr. Lazan stated he had about one million dollars in receipts from the day the project started that shows what they have paid and he resented the implication. He stated the County said they \ required the improvements but they have no authority to require it because they were not asking for any permits. They went to the County and stated they were willing to pay their share and they had this discussion and the County said all or nothing and they indicated they would not back down and that is the crux ofthe problem. He has continued to work for that solution. They only want to get this issue resolved. Regular Andover City Council Meeting Minutes - April 19, 2005 Page 13 Councilmember Orttel stated Mr. Lazan's problem does not have anything to do with them. It is between him and the County and they do not have a problem with any ofthe other developers in the City. Councilmember Jacobson stated there are other issues relating to how the Highway Department applies their rules throughout Andover and they need to get all of the issues resolved. Councilmember Orttel thought they have gotten a lot from the County lately because they have gotten lights in at Andover Boulevard and Hanson Boulevard, Prairie Road and Bunker Lake Boulevard, 157th, the access by the bank and Crosstown and Hanson Boulevard. Councilmember Jacobson understood they have gotten some things out of the County but other things they have not and he would like to try one more time. Councilmember Orttel stated Councilmember Jacobson was standing in for a developer that he has for some time and he thought it was wrong and they should not get involved with issues between the County and a developer. Councilmember Orttel is concerned with how much time staffhas put into this. Councilmember Jacobson stated staff should have because it relates to everything in the City. Councilmember Orttel thought it related to one developer who decided he wasn't going to do what he was supposed to do and the County is saying he did not do anything until now and he did not change anything and it is inadequate. Mr. Patrick Duvall, McDonalds Corporation, stated this is more than one developer. He stated this will affect them as welL He thought they were the only free standing quick serve restaurant in Andover and they have enjoyed that relationship and have grown together and now they want to continue to grow by putting in their second restaurant. He thought they were very involved in the community and did a lot of good work here and they want to continue to grow and give more service to the community. He thought having the County come in and put their foot down saying they are not going to give access at this intersection is unreasonable. They have worked with Mr. Lazan for quite awhile and they thought they had a reasonable proposal, submitted it and thought they were getting somewhere and then all of a sudden they came back and said they have to do it right away or else they will be closed off. He thought that was unreasonable. Ms. Carol Stivitz, Riverway Andover, stated her concern is more focused on their patients. If they block off Hanson Boulevard, it affects how their patients get to the clinic and how emergency vehicles get to their clinic. She asked that some thought be given into this before their access is blocked off. / Mr. Jack Charles, Conoco, stated everything is location. This is a great location. They had a feasibility plan done and if the County cuts off all morning traffic, it could devastate them. He thought it would be a good idea to get a group together to discuss the issues. Regular Andover City Council Meeting Minutes - April 19, 2005 Page 14 Mr. Lazan showed photos of the intersections along Hanson Boulevard and Crosstown Boulevard showing painted islands. He stated this is an interim solution and must be built to a complete urban section at some point. He thought if they had a neutral party come in, it may help. Mayor Gamache understands the concerns of the property owners but the County has been reviewing this for a long time and the County informed them that once the first business opens at Clocktower Commons, these improvements need to be done or the County would take steps to improve the movement. Mayor Gamache stated the County is trying to block left turn traffic out of Bluebird to go down Hanson to the south because they consider it dangerous. The only picture that relates to this intersection is the high school. He agreed that the rush hour traffic is what Conoco and McDonalds will probably thrive on in the morning so a left turn lane is probably desirable there. The City does not need a left turn lane. They have access to get to Tower Drive from Crosstown and Hanson. The YMCA/Community Center is a destination point. People go there for a reason. He is not worried about the Community Center. He thought this issue dated back to quite a while ago. He thought they could give the proposal a try but they do not have much time and they only have a few choices and he did not think anything was going to happen if they meet with the County Commissioners because he did not think they saw this as a problem. When Hanson gets reconstructed, they are going to see things like this along the entire road. He stated Hanson is becoming a major road that gets people in and out of Andover and they do not want to slow traffic down. Councilmember Knight stated sooner or later, this is going to be an urban section whether the County wants it or not. The people and the numbers and the businesses will force that issue. Mayor Gamache agreed that if Clocktower Commons has a median put in, it will be bad because it will close off a left turn onto Hanson. Mr. Lazan thought a painted median is a temporary solution until Hanson Boulevard is reconstructed as an urban section. Mr. Lazan stated his concern is the cascading costs for the median. Mr. Olson stated another issue is "baby boomers" are going to start to retire and housing is not going to be built like they have been building over the last ten years and there is going to be a flood of houses that become available. Councilmember Orttel stated Mr. Fischer has the County Board authority and that is why he operates with the confidence and authority he has. Mayor Gamache stated the County may be looking at returning a portion of Crosstown to the City but he did not know what else they could talk to them about. Motion carried 3 ayes, 2 nays (Gamache, Orttel). Mr. Winslow Holasek asked ifhe could be included in that meeting. It was indicated this would , -. Regular Andover City Council Meeting Minutes - April 19, 2005 Page 15 be an open meeting and he could be there. SCHEDULE EDA MEETING Motion by Jacobson, seconded by Trude, to schedule an EDA meeting for May 3, 2005 at 6:00 p.m. Motion carried unanimously. SCHEDULE MAY WORKSHOP Motion by Jacobson, seconded by Knight, to schedules a City Council Workshop for May 24, 2005 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT \ City Administrator Dickinson updated the Council on the Community Center and Fire Station Construction. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Sunshine Park Sirens) - Mayor Gamache asked if they are taking care of sirens going off in Sunshine Park so they do not get fmed. Mr. Dickinson stated they are. (Recycle Day) - Mayor Gamache stated Recycling Day is this Saturday. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:50 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary \