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HomeMy WebLinkAboutCC July 6, 2004 ~ Cv<v ~ î-aO-è+ 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, July 6, 2004 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/8/04 Spec, Workshop; 6/15//04 Regular) Consent Items 2, Approve Payment of Claims - Finance 3, Authorize Speed Study/Nightingale Street NW - Engineering 4. Approve Plans & Specs/Order Advertisement for Bids/04-22/Crosstown Blvd. NW & Hanson Blvd. NW Improvements Related to Community Center - Engineering 5. Approve Tobacco License & 3.2% Malt Liquor License/Stop-n-Shop - Clerk 6. Approve Final PlatIW oodland Estates 6th Addition - Planning 7. Accept Quit Claim Deeds/W oodland Estates 6th Addition - Engineering 8. Order Abatement-Adopt ResolutionlMeth Lab Compliance - Building 9, Approve Lot Split/2043 - 158th Avenue NW - Planning 10. Adopt Resolution/Andover Lions Club Donations - Clerk II. Appointment/Recreational Facility Manager - Administration Discussion Items 12. Consider Preliminary Plat/Hanson Meadows/13309 Jay Street NW (conI. from 6/15/04) - Planning 13. Consider Ordinance Amendmentffemporary Structures (conI. from 6/15/04) - Planning 14. Consider Ordinance Amendment/Lighting in Off-Street Parking Areas (conI. from 6/15/04) - Planning 15. Consider Rezoning/R-I to R4/Property located in 700 Block of I 40th Lane NW - Planning 16. Consider Preliminary PlatlWhispering Acre - Planning 17, Discuss 2:00 am Bar Closing - Clerk 18. Call for TIF District 14 Public Hearing - Finance 19. Public Hearing/Nuisance Dog - Clerk 20, Discuss Requested Lot Split/1386 - 14Sth Lane NW/Oak Bluff/SS & WM - Engineering Staff Item 21, Schedule Special City Council Workshop - Administration 22. Discuss Projects for Anoka County Five-Year Highway Improvement Plan/2005·2009 - Engineering 23. Mini Golf and Paddleboat Presentation/Andover Station - Planning Mayor/Council Input Adjournment ---- Regular Andover City Council Meeting Minutes - July 6, 2004 Page 16 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 6,2004 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .,.................................,...................................,.............................1 RESIDENT FORUM ............,.....,...........................,...................................................................1 AGENDA APPROV AL ....,........................................................................................................2 APPROVAL OF MINUTES................................"..........,.................................,........................2 CONSENT ITEMS Approve Payment of Claims ........................,..............................,...,...,.................................2 Resolution RI02-04 authorizing Speed StudyINightingale Street NW................................2 Resolution RI03-04 approving Plans & Specs/Order Advertisement for Bids/04-22/ Crosstown Blvd. NW & Hanson Blvd. NW Improvements Related to Community Center...............................................................................................................................2 Approve Tobacco License & 3.2% Malt Liquor LicenselStop-N-Shop...............................3 Resolution RI04-04 approving Final PlatIWoodland Estates 6th Addition..........................3 Accept Quit Claim DeedsIWoodland 6th Addition ...............................................................3 Resolution RI05-04 approving Lot Split/2043-I58th Avenue NW .....................................3 Resolution RI06-04 adopting Resolution/Andover Lions Club Donations .........................3 Appointment/Recreational Facility Manager........................................................................3 CONSIDER PRELIMINARY PLA TIHANSON MEADOWS/13309 JAY STREET NW (Cont. from 6/15/04) Motion to Reconsider ..................,.....,.....................................,..................................,..,.......3 Motion to Table .................................................................,...................................................4 CONSIDER ORDINANCE AMENDMENTffEMPORARY STRUCTURES (Cont. From 6/15/04) Motion to approve Ordinance 294 .......................................................................................4 CONSIDER ORDINANCE AMENDMENTILIGHTING IN OFF-STREET PARKING AREAS (Cont. from 6/15/04) Motion to approve Ordinance 293 .......................................................................................5 CONSIDER REZONINGIR-I TO R-4IPROPERTY LOCATED IN 700 BLOCK OF I40TH LANE NW Motion to approve Ordinance 295 .......................................................................................5 CONSIDER PRELIMINARY PLATIWH1SPERING ACRES (See Resolution R107-04) Motion to approve Res. R 107-04 .........................................................................................6 DISCUSS 2:00 A.M. BAR CLOSING Motion to reopen........................................................................,..............................,............ 7 Motion to approve..............,..,..................................................................,....,........................8 CALL FOR TIF DISTRICT 1-4 PUBLIC HEARING Motion to authorize Res. RI08-04 ...............,............................,..,......,.................................9 PUBLIC HEARING/NUISANCE DOG Motion to Open Public Hearing...................................,..............................,..,..,....................9 Motion to Continue Public Hearing...............................,.................."...................................10 DISCUSS REQUESTED LOT SPLIT/I 48TH LANE NW/OAK BLUFF/SS & WM ................10 ORDER ABATEMENT-ADOPT RESOLUTIONIMETH LAB COMPLIANCE -.- ~- Regular Andover City Council Meeting Minutes - July 6, 2004 Page 17 Regular Andover City Council Meeting Minutes - XX, 2004 Table of Contents Page ii Motion to adopt Res. RI09-04 ...................................................,..........................................12 Motion to order to abate ..........,..,...................,....................,........................,........................12 SCHEDULE SPECIAL CITY COUNCIL WORKSHOP ..........................................................13 DISCUSS PROJECTS FOR ANOKA COUNTY FIVE-YEAR HIGHWAY IMPROVEMENT PLAN/2005-2009 ................................."...................,...................,.........13 MINI GOLF AND PADDLEBOAT PRESENTATION/ANDOVER STATION....................., 13 MAYOR/COUNCIL INPUT Business Prospects................................. ...,..................... ..................... ..............,.................. .14 City Administrator Hiring........ ....... ..... ,.....,.................. ,....................... ........,....................... .14 Road Closing Sign on Crosstown ..........................................................................................15 Old Train Station on Andover Boulevard..............................................................................15 Fun Fest Parking and Parade .................................................................................................15 Business Appreciation Golf Outing.......................................................................................15 Target Plans ...........................................................................................................................15 Community Center Panels .....................................................................................................15 TCF Bank..............,.....................,.."......................................................................................15 ADJOURNMENT ................................................,......................................,......................,.......15 ~ ------ - - C I T Y o F NDOVE REGULAR ANDOVER CITY COUNCIL MEETING - JULY 6,2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 6, 2004, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Assistant City Engineer, Todd Haas City Finance Director/Acting City Administrator, Jim Dickinson Community Development Director, Will Neurneister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Sharon Anderson - 13349 Nightingale, stated she was at the meeting to voice her opinion on the 2:00 a.m. bar closing time and she stated she was not for the extended time. She thought Andover has outgrown the bars in the city and is now a family city and she thought they had enough liquor licenses and bars and restaurants serving liquor in the City. She hoped the City would promote families and not liquor establishments, She asked the City Council stand fIrm in their I :00 a.m. bar closing time. Mr. Jeff Thompson, 1691 147m Lane, stated he is concerned about the economic future in Andover that provides services for a large number of residents. It is the Council's responsibility to protect economic interest in their City. He felt that the way this item has been postponed is to delay the decision and it is obvious that in a free market system, they are not guaranteed the same rights as businesses like that and to close early eliminates certain elements in their business. He stated a large portion of the community that showed up at the last Council meeting were in favor of extending the time. He noted that as a citizen of Andover, he would like to be able to go to a larger variety of restaurants. He pointed out the stand Councilmember Jacobson took from the start regarding this item and that he was obviously against it. He did not think personal opinions should make the decision regarding this because Councilmember Jacobson is supposed to represent the residents. Councilmember Jacobson stated he did not say anything until after the vote was taken and then Mr. Povlitzki asked why the three voted no and even then he did not speak right away and then he did proceed to tell him why. --- - -. Regular Andover City Council Meeting Minutes - July 6, 2004 Page 2 Motion by Trude, Seconded by Jacobson, to recess at 7:08 p.m. to go into the Economic Development Authority Meeting. Motion carried unanimously. The City Council reconvened at 7: 13 p.m. AGENDA APPROVAL Remove from Consent Items for discussion Item 8, (Order Abatement-Adopt ResolutionlMeth Lab Compliance). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES June 8, 2004, Special Workshop Meeting: Correct as amended. June 15, 2004, Regular Meeting: Correct as amended. Councilmember Trude stated in the Regular Meeting on page nine, second paragraph the number should be 500 acres, not 5 acres. Councilmember Trude stated on the Special Workshop meeting of June 8, 2004, page two, the Council discussed goals for next year, the sentence should read "Council Members individually suggested goals for the next year, including:" Councilmember Trude stated on page three, end of the page, the following sentence should be added "Staff was directed to prepare a list of goals for Council to vote on to determine Council's priorities." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Authorize Speed StudylNightingale Street NW (See Resolution Rl02-04) Item 4 Approve Plans & Specs/Order Advertisement for Bids/04-22/Crosstown Boulevard NW & Hanson Boulevard NW Improvements Related to Community Center (See Resolution Rl 03-04) Regular Andover City Council Meeting Minutes - July 6, 2004 Page 3 Item 5 Approve Tobacco License & 3.2% Malt Liquor License/Stop-N-Shop Item 6 Approve Final PlatIWoodland Estates 6th Addition (See Resolution RI04-04) Item 7 Accept Quit Claims DeedsIWoodland Estates 6th Addition Item 9 Approve Lot Split/2043-I58th Avenue NW (See Resolution RI05-04) Item 10 Adopt Resolution/Andover Lions Club Donations (See Resolution RI06-04) Item 11 Appointment/Recreational Facility Manager Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER PRELIMINARY PLATIHANSON MEADOWS/13309 JAY STREET NW (Cant. from 6/15/04) Community Development Director Neumeister noted the Council reviewed the plat at the June 15th meeting and directed staff to prepare a resolution for denial. Councilmember Trude stated she was contacted by the applicant on this item and she told him she would continue to hold the position she took at the meeting on that proposal but ifhe would submit another proposal, she would consider that. Since then she learned that there were two things that occurred at the meeting that were not accurate. One was that the surrounding residents were in favor of this and they were told the speed limit was thirty miles an hour when it is actually forty miles an hour and that is substantially different from the speed stated. Councilmember Jacobson stated he received a phone call1ate in the afternoon from a law firm stating they were representing the applicant to see if they would postpone passing this Resolution tonight and he questioned the representative if there had been any change in the original plat and the answer to that was no. Councilmember Jacobson felt that if they did not act on this item tonight, they will run into the problem of the sixty-day State Statute because he thought they were at the deadline at the last meeting and to do anything else would put it in jeopardy. He suggested to the representative to call the City Attorney regarding this. City Attorney Hawkins stated he never received a call. Mr. Dickinson stated he reviewed with Planning when the application was considered complete and with payment of the appropriate fee which was on April 7, 2004 and they have 120 days to make a decision, which would take them to August 5, 2004. Mr. Rousseau, 13309 Jay Street NW requested the City Council table this item until the next City Council meeting. Councilmember Jacobson asked why this should be postponed. Mr. Rousseau stated his attorney needed more time to look at the situation. Councilmember Jacobson asked if the applicant was contemplating any changes to the plat. Mr. Rousseau stated they were looking at everything. Regular Andover City Council Meeting Minutes - July 6, 2004 Page 4 Mr. Neumeister explained the process the applicant would need to go through if this were denied. Councilmember Knight asked if the speed limit is actually forty mph. Mr. Haas believed that was correct. Councilmember Orttel asked the City Attorney for verification on the time limit for this item. City Attorney Hawkins noted the 120 day time limit. Motion by Trude, Seconded by Orttel, to reconsider this item. Councilmember Knight asked for an explanation on the speed limit. Mr. Haas stated there was a speed study done on this roadway a few years ago and it was decided this roadway should be forty miles per hour. Motion carried unanimously. Motion by Trude, Seconded by Knight, to table this item until the July 20, 2004 City Council meeting. Motion carried unanimously. CONSIDER ORDINANCEAMENDMENTflEMPORARY STRUCTURES (Contfrom 6/15/04) Community Development Director Neumeister noted at the June 15, 1004 Council meeting, there were a few comments on changes that were needed, and it was requested that the item come back to Council for one more review. The changes that have been made include removing green houses from the temporary structures that would be allowed as a permitted use, adding a defmition of temporary structure and limiting the duration of any temporary structure to six months. Mr. Neumeister stated there was an error in the staff report on page two stating there needed to be building permits approved by the Building and Fire Departments and should on1y be approved by the Fire Department. Councilmember Trude stated when staff goes through the review on the code she thought there are more issues than lighting as far ¡¡s security. When looking at security, she suggested they look at the main connections to the building. She thought they would want to have a safe access point. The access point should be inserted on page 4, line D. Councilmember Jacobson stated they talked about allowing staff to issue some permits on the administrative level and in reading through this, the on1y discussion on this shows up in Item K, under construction trailers. He thought they were going to have the ability to issue administrative permits for uses that would be under six months or something like that, which could be other than construction trailers. He would suggest under Item K, Administrative permits could be issued for temporary structures in use six months or under, including construction trailers. Regular Andover City Council Meeting Minutes - July 6, 2004 Page 5 Councilmember Orttel thought the construction trailers should be allowed until construction is complete because sometimes construction takes longer than six months. Motion by Jacobson, Seconded by Trude, to approve the requested changes from June 15,2004 to the proposed Ordinance amendment establishing regulations for various temporary structures. Mr. Neumeister recapped the changes to be made to the Ordinance. He stated Item K will include after the fIrst sentence.., plan review process through the construction period". Item L the fIrst sentence will have City Bliilding and removed. Under the defInition the Council would like the words added "other than a living unit" at the end of the fust line. Under Item B, at the end of the fIrst line add "during the construction process" and correction on the word "temporary". Second line should read "Temporary structures allowed by administrative approval, other than construction trailers..." On Item D, include after the word lighting "and including connections to the main building shall be reviewed". Motion carried unanimously. (Ord. No. 294) CONSIDER ORDINANCEAMENDMENT/LIGHTING IN OFF-STREET PARKING AREAS (Cont.from 6/15/04) Community Development Director Neumeister discussed additional information regarding the Ordinance Amendment for lighting in off-street parking areas. Mr. Neumeister asked that the stricken words in the Ordinance be reinserted so it would on1yapply to parking lots and commercial, industrial, institutional and public uses and in any residential use where there are twelve or more spaces because with that stricken it could be interpreted to apply to any single residential home which was not the intent. The Council agreed. Motion by Jacobson, Seconded by Knight, to approve the proposed amendment with slight adjustments mentioned. Councilmember Trude asked if there would be a chance to talk to Walgreens about modifYing their lighting. Mr. Neumeister stated they have begun those discussions. Motion carried unanimously. (Ord, No. 293) CONSIDER REZONING/R-I TO R-4IPROPERTY LOCATED IN 700 BLOCK OF 140m LANE NW Community Development Director Neumeister stated the Council is asked to review the proposed rezoning to allow the Whispering Acre preliminary plat to move forward. -. - Regular Andover City Council Meeting Minutes - July 6, 2004 Page 6 Motion by Knight, Seconded by Trude, to approve the rezoning based on the fact that times and conditions have changed. Motion carried unanimously. (Ord. No. 295) CONSIDER PRELIMINARY PLATIWHISPERING ACRES Community Development Director Neumeister explained the Council is asked to review the preliminary plat for Whispering Acres, a three lot urban subdivision. The applicant has proposed to subdivide the existing I.2-acre rural residential lot into three urban residential lots. Mr. Neumeister stated there is an additional condition to be added. The Applicant shall allow right of access to the City to complete the needed pipe extensions and clean up excessive sand and wetland area prior to the final plat approval. Motion by Knight; Seconded by Trude, to approve the proposed preliminary plat with the added condition. (Res. R107-04) Councilmember Jacobson asked if the pipe they are working on actually ends up in Crown Point East and he wondered if they had permission to get in there to fIx the pipe. Mr. Neumeister stated he believed this was an easement area between the existing homes and he did talk to the engineer about using a bobcat between the homes but that would cause a lot of disruption to the homes so they would prefer to come at this from the south. Councilmember Jacobson stated the one concern he had regarding the area was the wetlands and the mitigation. He wondered if this has been looked at enough to make sure they will not have any problems with water in Crown Point East in the backyards, Mr, Haas stated they have calculated how much they are going to fill and how much they are going to mitigate and they are the same so there will not be any changes. Ms. Pam Capp, 798 141" Avenue NW, stated she lives next to where they pipe will be extended. She stated during this process the City discovered the pipe was not built as long as it was supposed to be in the fIrst place and the way it is now, two houses would probably flood before it got to the pipe. This is a great concern to them, especially if it would affect how the water would drain. She thought that extending the pipe should alleviate the problem because it will meet where the water is now and will make a huge improvement. She stated there is a lot of silt in that area. Councilmember Trude asked if they have figured out the source of the sand and if this will be recurring. Mr. Haas thought this was from the street and they would anticipate this will be reduced in the future but will still need to be maintained. Motion carried unanimously. ~ - ~ Regular Andover City Council Meeting Minutes - July 6, 2004 Page 7 DISCUSS 2:00 AM BAR CLOSING Interim City Administrator Dickinson stated at the June 15,2004 meeting Council did not approve the 2:00 am bar closing. Financial information was requested from the bar owners. Mr. Povlitzki provided his information to Mr. Dickinson. Mayor Gamache asked if they looked at an official ordinance change. Mr. Dickinson stated they have not. Mayor Gamache explained the three items that could be considered. He felt they should change their Ordinance to what the State has already put into effect. That way if the State made changes, theirs would automatically change also. Councilmember Trude stated she had a letter from Mothers Against Drunk Drivers and she read the letter into record. She also received a lett\::r from another resident in favor of the 1 :00 a.m. closing time because this is a family oriented community. Councilmember Jacobson stated at the last meeting they did vote no to the change and if the Council wanted to bring it up for discussion, it has to come up under reconsideration which means someone who voted on the prevailing side has to make that motion. Councilmember Knight stated he would be willing to reopen for discussion. Motion by Knight, Seconded by Gamache, to reopen this item for discussion. Motion carried 3 ayes, 2 nays (Jacobson, Trude). Councilmember Jacobson assumed the numbers they received from staff were accurate. Mr. Povlitzki showed up at the June I5tb meeting and asked for the change and he indicated at that time that he had been steadily losing money over the past year and the note from the Acting Administrator does show that sales were down over the past year. He stated when he looked at the closing times Ramsey just initiated their 2:00 a.m. closing time on May I7tb, approximately four weeks before the June I5tb meeting. Coon Rapids instituted their close time in May and on1y four out of their thirty licenses have the ability to stay open until 2:00 a.m. Anoka is still set at 1 :00. The on1y one that changed significantly earlier was Blaine which was in November. He stated Mr. Povlitzki has on1y had that competition for approximately four weeks and he thought something else was occurring within the last year, other than the 2:00 a.m. closing time. He wondered if these huge decreases were just in the last two to three weeks or over the past year. If it has been over the last year, it would occur to him that it was the increase in competition in the area and not the time the bars closed. Mr. Brad Povlitzki stated Spring Lake Park and Blaine killed his business from the start and he was aftaid this will continue to get worse. He stated he received the information about MADD from the Minnesota Licensed Beverage Association and what they are saying is that MADD is supporting a uniform bar closing. He stated he is not asking for anything extra. He wants to compete in a fair market. Regular Andover City Council Meeting Minutes - July 6, 2004 Page 8 Mayor Gamache asked Mr, Povlitzki ifhe would be willing to accept staying open late on weekends and holidays. Mr. Povlitzki stated he would be willing to take what he could get. At least he would be closer to being in a fair market. Councilmember Trude asked when their kitchen closes. Mr. Povlitzki stated it depends on the night of the week but he would be willing to stay open as long as the City wants him to be open ifhe could get the 2:00 a.m. closing time. Mayor Gamache asked if Mr. Povlitzki would consider keeping the kitchen open later if the close time was extended. Mr. Povlitzki stated he would go along with what the City Council required of him. Mr. Dave Pearson, 17382 Flintwood Street, stated this all started when Mr. Povlitzki started his business. Mr. Povlitzki is not doing anything different. All Mr. Povlitzki is trying to do is compete in a fair market and he would rather see patrons stay close to home rather than drive drunk. He thought this was good for business and good for patrol. Mr. Joe Shauer, Owner of Tanner's Restaurant, stated he is very much in support of Po v's having the 2:00 a.m. closing time. He stated his restaurant is a little different and he does have a restaurant in Coon Rapids and they do see the difference since the Ordinance changed. He does not think it is unreasonable what Mr. Povlitzki is asking. Councilmember Knight stated he was one of the three who voted against this and wanted more information. He could live with option four and he would want a food situation because it helps cut down on drinking and driving. He stated he was opposed to 2:00 a.m. closing and sees this as a fairness issue. Councilmember Orttel stated he heard Pov's used to have the highest quality possible as far as entertainment. He thought the bands keep people less intoxicated when they are dancing. The last thing they want is a vacant building there. He is also against the 2:00 a.m. closing but if they wantto get some of the places they are trying to get into the community, they need to allow the change. Mr. Povlitzki stated he would like seven days a week but will take what he can get. He stated there are other important Holidays besides the ones listed and he would be willing to keep his kitchen open until I :00 a.m. every night if they are allowed to be open seven days a week until 2:00 a.m. Motion by Knight, Seconded by Orttel, to approve Option Four with the Holidays provided from the State and providing food until 1 :00 a.m. and to reevaluate this after one year. Councilmember Trude stated she was not going to vote in favor of this because she sees Andover as becoming a family oriented community. Motion carried 3 ayes, 2 nays (Jacobson, Trude). Regular Andover City Council Meeting Minutes - July 6, 2004 Page 9 Mr. Pearson stated what Councilmember Trude is saying to him is because he is supporting Mr. Povlitzki's establishment he is not a family man and that he does not promote Andover as being a family place. He stated he has two kids and he does not go to bars every night. He has no incentive to support Mr. Povlitzki and to say that it is not doing our families justice is absurd. Councilmember Trude stated she has had many comments in favor of her position. CALL FOR TIF DISTRICT 1-4 PUBLIC HEARING Community Development Director Neumeister stated the City has been discussing setting up a Tax Increment Financing District for the industrial zoned properties located north of 16151 Avenue and east of Round Lake Boulevard. The process had begun and staffwas hearing additional property owners in the area were interested in possibly being included. City staff held an informational session on Tuesday, June 22, 2004. The purpose ofthe meeting was to answer questions related to what is involved and find out how many additional owners may be interested in becoming involved. There were five individuals who attended and it appeared that they were interested in their properties being included in the district. Mr. Neumeister stated with expansion of the properties involved there will be a need to start over, re-advertise, hold a public hearing, go before the County Board, etc. The process to begin over starts with the City Council calling for the Public Hearing. Staff is recommending that the Public Hearing be set for August 17, 2004. This enables the staff and consultant to complete the discussions with the property owners in the Hughs and Westview Industrial Parks, as to who is interested in being included, prepare the modifications and inspections that will be needed for the expanded district. Motion by Jacobson, Seconded by Trude, to authorize staff to proceed with calling for the Public Hearing on August 17,2004, and enable the TIF District 1-4 to include more properties in the Hughs and Westview Industrial Parks. Motion carried unanimously. (Res. Rl08-04) PUBLIC HEARING/NUISANCE DOG Interim City Administrator Dickinson 5tated two dogs owned by Todd Kjenstad, 3407-138th Lane NW, have met the criteria to be classified as nuisances. Mr. Dickinson discussed the information with the City Council. He asked for modification to the last whereas in the Resolution to either have the dogs removed from the City or human1y destroyed. Councilmember Knight asked if there was room for changes. He wondered if the owner built a kennel, would this solve the problem. Motion by Jacobson, Seconded by Knight, to open the public hearing at 8:40 p.m. Motion carried unanimously. - - Regular Andover City Council Meeting Minutes - July 6, 2004 Page 10 Mr. Todd Kjenstad, 3407 138th Lane NW, stated the dogs are family dogs and he would not like to see them destroyed. He explained the dogs are Jack Russell Terriers and what he would like to do is to install an electric invisible fence along the existing fence to stop the dogs from digging out of the yard. He would also be willing to put them in a kennel. Councilmember Knight asked if any of these offenses include the dogs biting. Mr. Dickinson stated he did not see anything worse than the dogs chewing up a neighbor's gutter when they ran loose. Mayor Gamache asked if the dogs dig their way out. Mr. Kjenstad stated they dig under the fence. Councilmember Orttel asked how old the dogs are. Mr. Kjenstad stated they are two years old. Councilmember Jacobson asked how soon he planned to install the fence. Mr. Kjenstad stated he planned to install the fence within a week. Councilmember Knight stated he would prefer a kennel. Mr. Kjenstad stated the dogs still need to run and get exercise but he could put them in a kennel but they are usually indoors when they are not around. Mr. Dickinson stated if the Council wished to continue working with Mr. Kjenstad on this, they could continue the public hearing until a date certain and allow him to correct the problem or they could close the public hearing and either remove the dogs from Andover or destroy the dogs. Motion by Jacobson, Seconded by Knight, to continue the public hearing until the fIrSt meeting in August to allow the owner to work with City Staff in installing an electric fence and/or kennel where the dogs cannot dig under the fence with verification of licensing for both dogs. Motion carried unanimously. Councilmember Orttel stated they have very strict rules about dog nuisances and they have never not acted on a situation like this but all of the other cases that have come before them have involved physical activity of the animal towards humans or other animals. He thought they have to be alert to keeping the Ordinance in force. DISCUSS REQUESTED LOT SPLIT/1386-148TH LANE NW/OAK BLUFF/SS & WM Assistant City Engineer Haas stated the resident at 1386-l48th Lane NW, which is located in the Oak Bluff development, recently made application to split their lot. If the City Council were to approve the lot split, the newly created lot would require at a minimum to connect to City sanitary sewer (water is optional). Councilmember Jacobson asked if the extension would be on the south side of I 40th Lane. Mr. Haas stated right now the City sewer and water is in under the street and in the middle of the ---. Regular Andover City Council Meeting Minutes - July 6, 2004 Page 11 street. Councilmember Trude stated in order to make the connection they would need to tear up the street in front of the property to be split. Mr. Haas stated in a couple of cases they have extended it just enough to get into the lot. Standard practice brings it down to the edge of the east property line. Councilmember Jacobson asked what the size is, is there a need to oversize or is there one size all the way through. Mr. Haas stated it would be an eight inch sewer and water main, which is their standard size. Councilmember Jacobson asked if they applicant would pay for the entire eight inch size or would the City pay for some of it. Mr. Haas stated the applicant would benefit for half the cost of the pipe and the other half would be carried by the City or they would have the ability to assess but the Council has not generally done that in the past. Discussion ensued in regard to the connection of the pipe in the area. Mr. Haas showed a map of the area with connections. Mayor Gamache stated he was not in favor of doing this for the entire area un1ess more people want it at this time. Councilmember Jacobson asked if this went through and the road were torn up, would it be wise to contact the other property owners and see if they want to be stubbed in. Mr. Haas stated they would contact the people. Mayor Gamache suggested they contact the entire area to see how many would want to do this and they could have a neighborhood meeting to discuss this. Councilmember Orttel asked if the existing house is already connected. Mr. Haas stated it is. Mr, Winslow Holasek stated it was his understanding that the sewer line at Bluebird is a 1runk that is eighteen feet in diameter and thirty feet deep. Mr. Haas agreed on the diameter but was not sure how deep it was. Mr. Holasek stated if they extend this a little bit they will have to dewater to connect to it. Mr. Haas stated they were not sure if they would need to do that at this point. Mr. Holasek stated they had previous problems with dewatering. He wondered if they were going to serve the land to the east because then they would have a 1runk in there. If it is going to serve the property to the east, it should be sized and put in at a depth that will work. He thought this needed to really be looked at on how far the sewer is going to go, Mayor Gamache stated they have already looked at a sewer study that serves the east so he did not think they would go into the east from this direction. Mr. Haas stated they would put in the sewer as deep as they need to. -~-.- Regular Andover City Council Meeting Minutes - July 6, 2004 Page 12 Mr. Dickinson stated all of the questions Mr. Holasek brought up could be answered if a feasibility report would be ordered for this area. Council suggested a neighborhood meeting for staff to meet with the residents and fmd out what the residents want and to order a feasibility report. ORDERABATEMENT-ADOPT RESOLUTlON/METH LAB COMPLIANCE Interim City Administrator Dickinson stated materials used in the process to manufacture Meth were found in a house in Andover. The next step in the process is to have the City Council adopt the resolution and formally order the abatement of the nuisance under Minn. Statute, Chapter 463 and our ordinance. Once Council has adopted the resolution and order, those documents must be served upon the property owner who will then have 20 days to formally challenge the action. If they fail to do so, the City Attorney can apply to the district court for an order authorizing the City to abate the nuisance and assess the costs. Councilmember Trude stated she noticed that the house is up for sale. She wondered if it should be cleaned up before it could be viewed because she did not know if this would be safe for children. Mr. Dickinson stated the property owner has indicated they are in the process of cleaning the home and he thought there was a notice on the door regarding this but he could check on that. Councilmember Trude thought there should be an order that the property should be abated before viewing. Mr. Dickinson stated it has been tagged appropriately. Councilmember Knight asked who has the responsibility of not allowing people to live in the home until it is clean and safe. City Attorney Hawkins stated the building official has issued a no occupancy notice and no one will be able to move into the home until it is cleaned up. Motion by Jacobson, Seconded by Trude, to adopt the attached resolution. Motion carried unanimously. (Res. Rl09-04) Motion by Jacobson, Seconded by Trude, to approve the order to abate the nuisance. Motion carried unanimously. SCHEDULE SPECIAL CITY COUNCIL WORKSHOP Motion by Trude, Seconded by Jacobson, to schedule a Special Council Workshop for Tuesday, July 27, 2004 at 6:00 p.m. Motion carried unanimously. DISCUSS PROJECTS FOR ANOKA COUNTY FIVE-YEAR HIGHWAY IMPROVEMENT Regular Andover City Council Meeting Minutes - July 6, 2004 Page 13 PLAN12005-2009 Interim City Administrator Dickinson explained each year the Anoka County Highway Department prepares a Five-Year Highway Improvement Plan which identifies their anticipated future road and intersection improvements. They have requested input from the City of Andover for projects in 2005-2009. Councilmember Jacobson thought they should prioritize these items. He thought item one should remain at the top. The Council discussed the issue with Nightingale Street and other streets in the City that have problems. City Council concurred with the items in the staff report. The City Council recessed at 9:35 p.m. The City Council reconvened at 9:45 p.m. MINI GOLF AND PADDLEBOAT PRESENTATION/ANDOVER STATION Community Development Director Neumeister explained an Andover resident, Kevin Ward, would like to propose a garden golf (mini golf), paddle boat and other activities to build and operate at the pond at Andover Station. Mr. Kevin Ward made a presentation regarding mini golf, paddle boat and other activities to the City Council. Councilmember Knight asked how many acres this would take up. Mr. Ward stated it would be around half an acre. The entire course would be a par 3, eighteen hole course. Councilmember Jacobson asked if Mr. Ward wants to have paddle boat sales on the property and actually sell the boats. Mr. Ward stated he has thought about that idea because eventually he will want to replace the boats with new ones and he would like to sell the boats. Councilmember Jacobson noticed Mr. Ward wants to stock the pond with fish and charge for fishing. He asked what would stop someone from fishing in the public pond from the sidewalk. Mr. Ward stated he would like to have the option for fishing and he knew he would not be able to stop someone from fishing from the public roadway. Councilmember Jacobson thought tlùs was a neat idea and would add to the venue in Andover Station. Councilmember Jacobson asked what the cost would be for a round of golf. Mr. Ward stated Regular Andover City Council Meeting Minutes - July 6, 2004 Page 14 during the day it would be $5.50 and in the evening $6.50 but he would have coupons that could be used. Councilmember Knight asked if there would be a fence around this to keep people out when it is closed. Mr. Ward stated Mr. Bednarz said a fence could be placed along the perimeter. He thought about using a black steel fence so it would look nice. Councilmember Trude thought this was a great idea. Mayor Gamache was concerned about how this would fit in but it looks like it would work well in the area. Councilmember Orttel stated he was elated at the concept but he could not approve the details at this time. Councilmember Jacobson agreed. MAYOR/COUNCIL INPUT (Business Prospects) - Councilmember Jacobson stated in the report from staff, they are talking more about businesses that are coming to the City but he has noticed that staff is really tight lipped about letting the Council know who the businesses are. He would like to know a little more about what is going on and who the prospects are. Mr. Dickinson stated they could provide a list of prospective businesses to him. Councilmember Orttel stated some of these businesses want to remain anonymous and if the names get out, it could jeopardize the deals. (City Administrator Hiring) - Councilmember Jacobson stated they received an email regarding the City Administrator search and it sounds like staff is going to cut this down to two candidates. He thought there should be at least one City Council representative present to help make the decision. Councilmember Trude stated she talked to Ms. Pietso and she thought the City Council should make the decision on the hiring and that staff should cut the candidates to six and then Council could take over in selecting the City Administrator. The Council decided to hold individual interviews over two nights in one week to select the City Administrator. (Road Closing Sign on Crosstown) - Councilmember Jacobson stated there is a sign on Crosstown saying the road will be closed this weekend. He wondered if this was because of Fun Fest. Mr. Dickinson stated that was correct. (Old Train Station on Andover Boulevard) - Councilmember Jacobson wondered what the status was of the old train station on Andover Boulevard. Mr. Neumeister stated he was waiting for this to go tax forfeit and it is very close to the point where the owner will either have to redeem it or it will go tax forfeit. ---- Regular Andover City Council Meeting Minutes - July 6, 2004 Page 15 (Fun Fest Parking and Parade) - Mayor Gamache discussed the parking for Fun Fest and the road closings for the parade. (Business Appreciation Golf Outing) - Mayor Gamache thanked everyone involved with the business appreciation golf outing. (Target Plans) - Councilmember Trude noticed in their report that Target is starting to bring plans forward and she wondered if they were going to go to the EDA or Council. Mr. Neumeister thought the Council had reviewed the plans before so he did not plan to bring this to the Council again. Councilmember Trude thought they on1y looked at the sign and she wanted to make sure Target puts in the stone in the pavement in the front because it slows traffic down better. Mr. Neumeister stated they will be doing this and they will also be putting it across Martin Street also. (Community Center Panels) - Councilmember Knight asked how they were coming along with the panels. Mr. Dickinson stated they are fairly close to having everything resolved and he thought it would be in an acceptable manner. They should have a fmal resolution through the contractor on Thursday. (TCF Bank) - Mr. Neumeister stated TCF Bank will be coming back before the EDA one more time with their plans. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:34 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary