HomeMy WebLinkAboutCC July 20, 2004
~NÓÓŸÉ~
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 20, 2004
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
a. ProclamationlNational Night Out - Sheriff's Office
b. Presentation/Anoka County Assessor -Administration
Agenda Approval
1. Approval of Minutes (7/6/04 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Debt Service Payments - Finance
4. Approve Change Order #1/03-2/Woodland Creek Golf Villas - Engineering
5. Approve Plans & Specs/Order Advertisement for Bids/04-20/Crosstown Boulevard NW Trail-
Engineering
6. Approve Change Order #1/04-2/2004 Overlays - Engineering
7. Accept Petition/Order Feasibility Report/04-34/Whispering Acre - Engineering
8. Approve Resolution Accepting Streets & UtilitiesINorth Lake Ridge - Engineering
9. Amend Ordinances/2:00 am Bar Closing - Clerk
10. Approve Purchase Agreement!1901 Crosstown Blvd. NW -Administration
II. Approve ResolutionlMailbox Placement in Cul-de-sacs - Public Works
Discussion Items
12. Receive Anoka County Sheriffs Department Monthly Report - Sherif.!
13. Consider Preliminary PlatlHanson Meadows/13309 Jay Street NW- Planning
14. Consider Variance/Rear Setback for Porch/13943 Wintergreen Street NW-Planning
15. Consider Rezoning! R-I to R-4/ 1386 148th Lane NW - Planning
16. Consider Lot Split! 1386 148th Lane NW - Planning
17. Accept Petition/Order Feasibility Report/04-31/1386 - 148th Lane NW/SS & WM - Engineering
18. Approve Plans & Specs/Order Advertisement for Bids/04-7/Prairie Road NW & Bunker Lake Boulevard
NW/Traffic Signal & 04-27/EVP/LED's for Traffic Signals/I 35th Avenue NW & 136th Avenue NW on
Round Lake Boulevard NW - Engineering
Staff Item
19. Builder Refund Request/Building Permit Fees - Finance
20. Allow City Council to Authorize Temporary Parking Permits - Engineering
21. Discuss Generators at Lift Stations - Engineering
22. August 3, 2004 Council Meeting/National Night Out
Mayor/Council Input
Adjournment
C-G\..\Lc.;t... c;.vo/
~(ì ð -'-f-6+
,
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 20,2004
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM....,...............................,................,............................................................1
PROCLAMATION/NATIONAL NIGHT OUT............,................................................"..........I
PRESENT A TION/ANOKA COUNTY ASSESSOR.................................................................I
AGENDA APPROV AL ...............................,.,................,.................................,........................2
APPROVAL OF MINUTES..............."....................................................,..............................,..2
CONSENT ITEMS
Approve Payment of Claims.................................................................,...........................,..,2
Approve Debt Service Payments ...........................................,.........................,................,..,2
Resolution RIIO-04 approving Change Order #1/03-2/Woodland Creek GolfVillas.........2
Resolution RI 1 1-04 approving Plans & Specs/Order Advertisement for Bids/04-20/
Crosstown Boulevard NW Trail...................................................,........................,.........2
Resolution RII2-04 approving Change Order #1/04-2/2004 Overlays................................2
Resolution RI13-04 accepting Petition/Order Feasibility Reportl04-34/Whispering Acres2
Resolution RII4-04 approving Resolution Accepting Streets & UtilitiesINorth Lake
Ridge................................................................................................................................2
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTIIL Y REPORT
Received ................................................................................................................................3
AMEND ORDINANCES/2:00 AM BAR CLOSING
Motion to approve Ordinance 296 ...............,.........................................................................4
Motion to Review ..................................................................................................................4
APPROVE PURCHASE AGREEMENTI190I CROSSTOWN BLVD. NW
Motion to approve.............................................,..................."....,................................,.........5
APPROVE RESOLUTIONIMAlLBOX PLACEMENT IN CUL-DE-SACS
Item tabled without motion.......................,.....................,......................................................5
CONSIDER PRELIMINARY PLA TIHANSON MEADOWS/13309 JAY STREET NW
Motion to continue........................................................,........................................................4
CONSIDER V ARIANCElREAR SETBACK FOR PORCH/l 3943 WINTERGREEN
STREET NW
Motion to approve Res. RII5-04...........................................................................................8
CONSIDER REZONlNG/R-l TO R-4/1386 148111 LANE NW
Motion to approve Ordinance 297.........................................................................................9
CONSIDER LOT SPLIT/1386 148111 LANE NW
Motion to approve Res. RI16-04...........................................................................................1 0
ACCEPT PETITION/ORDER FEASIDILITY REPORT/04-31/I386-I48111 LANE NW/SS
&WM
Motion to approve Res. RII7-04..............,............................................................................II
APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/04-7/PRAIRIE
ROAD NW & BUNKER LAKE BOULEVARD NWffRAFFIC SIGNAL & 04-27/
EVPILED'S FOR TRAFFIC SIGNALS/135111 AVENUE NW & 136111 AVENUE NW
ON ROUND LAKE BOULEVARD NW
-- - -- - -
,
Regular Andover City Council Meeting Minutes - July 20, 2004
Table of Contents
Page ii
Motion to approve Res. RlI8-04...........................................................................................11
BUILDER REFUND REQUEST/BUILDING PERMIT FEES
Motion to approve..........................................................................,.................,....,.........."..,.12
ALLOW CITY COUNCIL TO AUTHORIZE TEMPORARY PARKING PERMITS
Motion to approve Res. RII9-04...........................................................................................13
DISCUSS GENERATORS AT LIFT STATIONS.....................................................................13
AUGUST 3, 2004 COUNCIL MEETING/NA TIONAL NIGHT OUT
Motion to reschedule ................................................................................,............................13
MAYOR/COUNCIL INPUT
City Lawsuit................................................... ..........................,.........., ......",...................... ...14
Woodland Lawsuit ..,.................".....,.....................................................................................14
Fun Fest - Mayor's Booth ............................................................................,........................14
Interview Meeting Next W eek................................,...........,..................................................14
ADJOURNMENT ......................................................................................................................14
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 20, 2004
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, July 20,2004,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, MinnesoUL
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmember absent: None
Also present: City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Finance Director/Acting City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Mr. Scott Graham. Process Server, on behalf of Nichols, Kaster & Anderson served a Summons and
complaint on the Council members and the City. The Council referred the documents to the City
Attorney.
PROCLAMATlON/NATlONAL NIGHT OUT
Ms. Laura Landes from the Anoka County Sherifi's Department made a presentation to the City
regarding National Night Out. Mayor Gamache proclaimed August 3, 2004 as National Night
Out and read the City of Andover National Night Out Proclamation.
PRESENTATlON/ANOKA COUNTY ASSESSOR
Mayor Gamache introduced Mr. Mike Southerland, Anoka County Assessor and Mr. Jason
Dagostino, the Assessor assigned to the City of Andover who updated the Council on the
activities of the Anoka County Assessor's Office.
Mr. Dagostino stated they are changing their mass appraisal system they have been using since
1996. They are now bringing all the information from that system into a new system. A lot of
their time and effort this assessing year is going to be towards verifYing, testing and training. At
_0- . -
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 2
fIrst he was concerned it was going to get in the way of his regular duties. The start date was
July 1,2004 with the go live date but that has been pushed back so he has had plenty of time to
prepare. He stated they will be going through a pretty hefty change hopefully for the better.
Mr. Mike Southerland introduced himself and informed the City Council about his background.
Councilmember Orttel asked if this new program had access to old property records. Mr.
Southerland stated the STAR system is a PC based system which will integrate all of the
operations of tax with their Cama package with document reporting. Councilmember Orttel
stated these systems can save a lot of time.
AGENDA APPROVAL
Remove from Consent Items for discussion Items 9, (Amend Ordinance/2:00 am Bar Closing); Item
10, (Approve Purchase Agreement/I90I Crosstown Boulevard NW); and Item 11, (Approve
ResolutionIMailbox Placement in Cul-de-sacs).
Motion by Orttel, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
July 6, 2004, Regular Meeting: Correct as written.
Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Debt Service Payments
Item 4 Approve Change Order #1/03-2/Woodland Creek Golf Villas (See Resolution
RIIO-04)
Item 5 Approve Plans & Specs/Order Advertisement for Bids/04-20/Crosstown Boulevard
NW Trail (See Resolution RIII-04)
Item 6 Approve Change Order #1/04-2/2004 Overlays (See Resolution RI12-04)
Item 7 Accept Petition/Order Feasibility Reportl04-34/Whispering Acres (See Resolution
RI13-04)
Item 8 Approve Resolution Accepting Streets & UtilitiesINorth Lake Ridge (See Resolution
RII4-04)
,,- -- - .. .. -
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 3
Motion by Orttel, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
Councilmember Jacobson asked if they are still supplying the Community Service Officer at
Andover and Hanson Boulevard. Captain Jenkins stated they are.
Mayor Gamache stated there was a news report on Pocket Rockets and addressing the point that they
were illegal to drive on roadways un1ess licensed and he wondered if there was a way to get them
licensed. Captain Jenkins stated under certain circumstances, they can be licensed. Over the last few
years they have become popular with the youth in the community. They also have a lot of park trails
and paths they like to ride on as well as the street and this is also illegal. Anything that is self
propelled by Minnesota Statute is defIned as a motor vehicle and they do not have safety equipment
installed on them. The majority of the users are minor children without licenses. In order for them
to be legal on a city street, they cannot exceed fifty cc's with appropriate turn signals and lighting
devises on them. Also there has to be a licensed driver and a helmet used. He stated they are strictly
enforcing the ordinance and the State laws to a zero tolerance level. Any person violating the goped
or moped license in the State of Minnesota will have the scooter impounded and will be charged.
Councilmember Trude stated they have received correspondence from a resident regarding noise
complaints from ATV vehicles and they continue to have issues. She wondered if they are still
working with the Sheriff's Department on this. Captain Jenkins stated they have had some calls
from the resident in question and he was advised by the Acting City Administrator, Mr. Dickinson
that several complaints have come forward with regard to motorcycle, dirt bike, noise complaints.
He suggested that if they are not exceeding the decibel level that is authorized by the City Ordinance,
that they at least be mindful and respectful of their neighbors and maybe not operate the vehicles
continuously all day. If anyone is exceeding the decibel level, they will enforce them.
Councilmember Knight stated what happened today with capturing burglars was almost like a
neighborhood crime watch situation. Captain Jenkins stated this was very true. It was the keen
observation of a neighbor that was home and recognized elements that did not belong in the
neighborhood. He stated organized crime watches are a direct benefit here.
Councilmember Orttel stated if they have a teen running around on the street with the scooters, they
are tagged and when they get their drivers license, insurance for the teen will be risk because of this
incident. Captain Jenkins concurred. He stated that if they are stopped and cited a record is created
and will follow them into the future.
Councilmember Trude wondered ifbattery powered cars could be considered illegal if driven on the
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 4
street. Captain Jenkins stated there is also a safety factor of children flying out of the driveway and
possibly getting hurt.
AMEND ORDINANCES/2:00 AM BAR CLOSING
Interim City Administrator Dickinson explained at the July 6, 2004 meeting, Council approved
the 2:00 am bar closing with stipulations. Council agreed to allow bars to remain open until 2:00
am on Thursday, Friday and Saturday nights as well as Thanksgiving Day, July 5th and New
Year's Day as long as food is served until 1 :00 am. This applies to on-sale intoxicating liquor
licenses and on-sale 3.2% malt liquor licenses.
Mr. Dickinson stated the three extra days listed are not from State Law. They were taken from
other cities' ordinances such as Ramsey. State Law allows bars to be open until 2:00 a.m. every
night. Cities can be more restrictive and allow 2:00 a.m. closings on certain days.
Mr. Dickinson stated the recommendation of Sheriff Andersohn and Captain Jenkins is to either
leave the closing time at I :00 a.m. or if Council wants the 2:00 a.m. closing to allow it every
night rather than select nights.
Councilmember Jacobson stated there is a fee attached to this but he did not see it in the
Ordinance. He wondered if it needed to be in there. Mr. Dickinson stated there is an application
to the State and would not need to be included.
Councilmember Jacobson stated when they discussed this at the last meeting, there was a sunset
clause to be reviewed in one year and he did not see this in the Ordinance either.
Councilmember Orttel stated he thought they were going to review it in one year. Mr, Dickinson
stated they could review this item in one year and did not need to be added,
Councilmember Trude recalled that the other cities had a fee in addition to the State fee and she
did not see any fee. Mr. Dickinson stated because they do not know how much more work this
will involve for staff at this time. They do not have a fee set up for this yet and he would not
suggest having a fee until the following year.
Motion by Orttel, Seconded by Knight, to adopt the attached ordinance amendment. Motion
carried 3 ayes, 2 nays (Jacobson, Trude). (Ord. No. 296)
Motion by Knight, Seconded by Jacobson, to review this ordinance on August I, 2005. Motion
carried unanimously.
APPROVE PURCHASEAGREEMENTII90I CROSSTOWN BLVD. NW
Interim City Administrator Dickinson stated as directed, Finance has negotiated a purchase
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 5
agreement with the property owner at 1901 Crosstown Boulevard NW. The property at 1901
Crosstown Boulevard NW is a residential parcel adjacent to property recently purchased by the City
next to the Public Works Facility. Finance; along with the City Attorney, has secured a signed
purchase agreement and is seeking Council's approval. The property acquisition at the negotiated
price of $248,500 and associated closing fees will be funded through the City Building Fund.
Councilmember Orttel had this pulled because he has a conflict of interest and did not feel he
should vote on this.
Motion by Jacobson, Seconded by Trude, to approve the attached purchase agreement. Motion
carried 4 ayes, 1 present (OrtteI).
APPROVE RESOLUTlONIMAlLBOX PLACEMENT IN CUL-DE-SACS
City Engineer Berkowitz stated this request comes from the United States Postal Service, along
with the City staff to help expedite snowplowing operations in cul-de-sacs as well as improve
mail service in the winter months to all residents. There are many obstacles in cul-de-sacs such
as driveways, hydrants, electrical transformers, light poles and cable boxes that leave little or no
space for snow storage. It also slows snowplowing operations and can hinder mail delivery
service. There are 322 cul-de-sacs in the City at this time and the number continues to grow. If
all the mailboxes were grouped at the entrance or exit of the cul-de-sac it would help eliminate
many resident complaints for plowing operations and mail services.
Mr. Berkowitz stated the proposal in for residents to move their mailboxes over a two-year
period. Public works staff would assist homeowners with utility locates and postal regulations
for mailbox installation. New construction would implement grouping mailboxes at the entrance
or exit immediately.
Councilmember Jacobson stated the reason he had this pulled was because there is a Resolution
but it does not really have any weight. He understands right now that the U.S. Mail Service is
not delivering mail in cul-de-sacs unless the boxes are moved to where they want them out on the
comer. Mr. Berkowitz stated what the U.S. Postal Service is doing is if there is a new house
built on a cul-de-sac and they put the mailbox up in front of their house, then they are not
delivering. Most of these that they are dealing with are existing mailboxes that they are looking
at getting Council approval to have them moved out.
Councilmember Jacobson asked if they were going to make people move their mailboxes, instead
of dropping this on them, they should put this in the newsletter notifying them and getting their
input regarding this because they have some pretty long cul-de-sacs.
Councilmember Knight asked if there should be a length defmement. Councilmember Orttel
stated it did not have anything to do with the lerigth of the street; it on1y affects the houses on the
cul-de-sac, on1y the circle on the end.
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 6
Councilmember Trude thought they should send this back to staff to work on wording and for
announcement to the residents regarding this.
Mayor Gamache stated they would table this item for the time being.
CONSIDER PRELIMINARY PLATIHANSON MEADOWSl13309 JAY STREET NW
Community Development Director Neumeister explained the Council reviewed the above referenced
plat at the June 15th and July 6th meetings. The proposed preliminary plat is nearing the end of the
120 day review period allowed by state statute.
Councilmember Jacobson asked if there is anything different with the plat that they should consider.
Mr. Rousseau stated there is. He explained that in hopes of getting past this, he proposed not
splitting lots one and two with the existing house on it and on the other lot to have two separate
driveways to the side lots onto 133rd for each house.
Councilmember Jacobson asked if this change would need to go back through the Planning and
Zoning Commission to review. Mr. Rousseau stated he talked to staff and they indicated it would
not need to go through them; the Council could look at this and approve it.
Councilmember Jacobson stated even if this reduces the plat by one lot, they still have the question
of the driveways out onto 133'd, which they said they did not care for because of the traffic flow.
Councilmember Trude stated her big concern was there would be other splits like this creating more
driveways on 133'd and staff researched that before their fust meeting and the minutes said they did
not see any other of these plans coming forward and that was still accurate. Mr. Neumeister stated
that was correct.
Councilmember Trude wondered if this was changed and approved, wouldn't they still need some
contingencies about the things that have to happen with Coon Rapids because part of this is in Coon
Rapids. She did not see any clause in the resolution that covered these. Mr. Berkowitz stated they
have a letter from the City of Coon Rapids talking about that and they can include it in the resolution.
Councilmember Trude stated even if they have a letter from the City of Coon Rapids, what ifit is not
approved by their City Council. Mr. Rousseau stated this has been approved by the City Council of
Coon Rapids.
Councilmember Knight asked about City sewer and water. Mr. Berkowitz stated they will have to
get those utilities run to the lots and to determine the best way to suit it. He believed it would have
to tie into 133'd with the sewer and water stubs.
Councilmember Trude asked if the existing house is hooked into city sewer and water. Mr.
Rousseau stated it is. Councilmember Trude stated all three lots would have City utilities. She
. -~-- -..
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 7
wondered if this should be made a requirement of approval. Mr. Neumeister stated the resolution
does indicate the developer being responsible for the cost of providing utilities to each of the lots and
all other improvements as proposed. Councilmember Trude asked if she should assume a building
permit would not go out until everything is in place.
Mr. Berkowitz stated the applicant would have to petition for City sewer and water and they would
go through the process of a feasibility report and then an assessment. They would have to work this
out with the City of Coon Rapids.
Councilmember OrtteI asked if they could go to the State or City of Coon Rapids to petition the
outlot be incorporated into Andover. Otherwise the lots would be in two cities. Mr. Neumeister
stated a municipal boundary adjustment would be necessary. Mr. Rousseau stated they already are in
Andover; the middle of the road is the city line.
Mr. Neumeister stated there are a couple of changes in the resolution that need to be made if they
approve this. On eight in the middle of the page, there is a comment about allowing the driveway to
be constructed to the shared property line oflots three and four and also appears in condition five on
page nine. He thought there was a requirement that there be a shared driveway and Mr. Rousseau
indicated they would be separate driveways. He believed they were still asking there be a combined
driveway on lots three and four with the turn around. He needed to verify this with Mr. Rousseau.
This resolution as previously written showed the combined driveway. Councilmember Trude did not
think there was much support for that. Mr. Neumeister stated this would need to be changed in the
resolution. Councilmember Orttel stated they would also need to change number two because they
would not be using the preliminary plat. He wondered if they should approve this and then get the
drawing back or have staff approve the fmal because there are so many variables with the change.
Mr. Neumeister stated they have one more Council meeting in researching the 120 day rule, does end
on August 5th. This would allow them to amend the drawing and to amend the wording to get it into
the proper format.
Motion by Orttel, Seconded by Trude, to continue this item to the next regular meeting to allow time
for redrawing of the plat and redrafting of the resolution.
Councilmember Trude asked if the wetland has been delineated and has this information been
verified by staff. Mr. Berkowitz stated they have looked at and researched the information on the
ponding area and it does meet the requirements for moving the ponding area further to the south and
replacing the volume.
Councilmember Jacobson stated he will be voting no on this because of the driveways coming out
onto 133'd. He thought they had an established policy regarding driveways coming out onto
collectors and there are no other driveways on their side of the street and there are on1y two other
driveways coming out onto 133rd and he thought this was a safety problem.
Councilmember Knight asked if the two driveways would still have turnarounds for the driveways.
Mr. Neumeister wondered if they did not have a shared driveway, would there be a need for a turn
Regular Andover City CeJUncil Meeting
Minutes - July 20, 2004
Page 8
around, Councilmember Trude stated she would prefer that. Mr. Rousseau stated he would agree to
have a turn around.
Motion carried 4 ayes, 1 nay (Jacobson),
CONSIDER V AR1ANCE/REAR SETBACK FOR PORCH/13943 WINTERGREEN STREET
NW
Community Development Director Neumeister explained the applicant is requesting a 5-foot
variance to the rear yard setbackrequirementto allow the construction of a l4x 14 sun porch, which
would replace an existing deck. The l4xl4 size was based on the survey that is on file. The
property pins were located as a condition of the building permit review, and it was deterroined that
the survey on file is not accurate. The rear of the home is actually 5 feet closer to the rear property
line than reflected on the survey.
Councilmember Trude stated there is a mistake in the typing at the bottom, number one, and the line
should read, "if the improvements are not initiated". Amend number one on the circumstances, by
adding "that it is through no fault of the owner".
Motion by Trude, Seconded by Jacobson, to approve the proposed variance to the rear yard setback.
Councilmember Orttel stated it seemed to him that errors such as this can be shown without
providing a hardship, He asked if there was any way that allows for this type of correction without
showing a hardship of the land. City Attorney Hawkins stated the standards that they have to apply,
are set out by the State Statute and that language in their ordinance is modeled after the State Statute
and un1ess they want to allow this type of thing so it is not a variance, technically they have to meet
that language. Councilmember Orttel stated it would not make sense in all cases, He thought it was
ok to have a deck out into this area because if it is a deck, it is not a problem. Councilmember Trude
stated the problem is because it is a living space. Mr. Neumeister stated the problem is because the
porch is not considered a temporary structure where a deck is.
Councilmember Knight asked how close the building inspectors check each siting. Mr. Neumeister
stated they go out and look for the property irons and check that it meets the required setback. Mr.
Berkowitz stated the way it is set up now, a registered land surveyor is responsible to sign off that the
structure is where it was on the plans. They take responsibility and reliability on that.
Motion carried unanimously. (Res. RII5-04)
CONSIDER REZONINGIR-l TO R-4/1386 148m LANE NW
Community Development Director Neumeister stated the Council is asked to review the proposed
rezoning to allow the lot split on this property to move forward.
. ~~- -.
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 9
Councilmember Jacobson asked if this was all agreed to, his understanding was the new lot would be
provided with sewer and water without digging down thirty feet to where the main is. Are they
going to, in the future, be extending this down the road. Are they going to be creating problems by
doing it this way, this time. Mr. Berkowitz stated when they looked at the sewer report that was
recently approved, the trunk that would serve the majority of that area, to the east, would go up 1 50th
Lane. The difficulty of constructing a trunk down through the Oak Bluff development is if they try
to go thirty feet deep in that location, they would have a huge impact on the properties. He stated
Mr. Holasek's property already has some laterals coming through the Fox Woods Development. The
only difference they would look at on the extension is if that would be an actual lateral that may pick
up a piece of Mr. Holasek' s other than a trunk. Instead of being thirty feet deep, they would be more
likely fifteen feet deep or a more reasonable depth so they do not disturb that area.
Councilmember Jacobson asked if this were approved and the utilities were put in, in the future if the
houses further down the road wanted sewer service, it would be a very 5hallow system. Mr.
Berkowitz stated that was correct with the possibility of extending it into Mr. Holasek's property to
pick up a little more area in that way.
Councilmember Knight asked if they were to approve this, how much impact would this have on the
street and for how long. Mr. Berkowitz stated they would probably have a road closure or at least
one lane for two days because they are looking at a hundred to one hundred and fifty feet of sewer
and water and if conditions are fair and they are not into dewatering, they can get it in fairly quickly.
Councilmember Knight asked Mr. Holasek if there was dewatering done in that area already. Mr.
Holasek stated there was. Mr. Berkowitz stated it is a difference between twenty-five feet deep and
fifteen feet deep and they would evaluate that to determine where the water levels would be.
Councilmember Trude stated she talked to a resident who lives at the end of the bulb and she talked
to ten to twelve neighbors within a two hour period and a couple had redone septic systems and none
of them had seen themselves dividing their lots and nobody at this point wants city sewer and water.
The expectation she had was the homes were centered on the lot with extensive landscaping. She
wondered if lot A with the existing home already has sewer and water or would both be serviced.
Mr. Berkowitz stated under Tract A, the existing home is already hooked up to sewer and water.
Councilmember Trude stated generally when they are looking at a new plat, they run the sewer and
water lines to the end of the property so the next developer can come and pick it up. Here they have
something different because they are looking at a split instead of a new plat and it seems like it might
be an economic waste to extend the sewer and water to the east edge of the property line when they
know at this point, none of the property owners are looking to access this and Mr. Holasek's property
will be service by other lines. Mr. Berkowitz stated their policy in the past has been to extend that to
the property line so that it is available to the next lot. CounciImember Trude wondered why parcel A
did not run the sewer and water all the way to the end of the property line, if that is the policy. Mr.
Berkowitz stated what happened was in 1988 the Bluebird trunk line was constructed. The reason a
sewer and water service was extended to those parcels was because it was already going by there. At
Regular Andover City Council Meeting
Minutes - July 20. 2004
Page 10
the time, they felt that any lots they could serve with sewer and water they would and that is why
they extended the line.
Councilmember Orttel did not believe that was always the policy. He thought they had problems
with this before so they made it a part of policy to extend the lines to the edge of the property line.
Motion by Jacobson, Seconded by Orttel, to approve the rezoning requested based on the fact that
times and conditions have changed.
Mr. Winslow Holasek stated he is not opposed to the lot split. He wondered if they approved the
rezoning and the lot split and they do the feasibility study, and then they fmd out the cost is too great
and they decide not to do it, it is not a buildable lot until it has water. Councilmember Orttel stated
an R-4 zoned lot has to have sewer and water. Mr. Berkowitz stated in the Resolution, there is an
item that makes having sewer and water a contingency on the lot split.
Mr. Holasek discussed his concerns with the lift stations and sewer in the City.
Motion carried unanimously. (Ord. No. 297)
CONSIDER LOT SPLIT/1386 148TH LANE NW
Community Development Director Neumeister explained the property owners are seeking approval
of a proposal to divide the subject property into two urban residential lots. The existing house and
attached garage will remain on one of the lots.
Motion by Trude, Seconded by Knight, to approve the proposed lot split subject to the conditions
listing in the attached resolution.
Councilmember Jacobson stated on the surveyor's mark they have the drainage and utility easements
showing on the existing parcel but it does not show on the dividing line between the two new
parcels. There should be a drainage and utility easement shown there also. Mr. Neumeister stated
that was condition number one on page four, Councilmember Orttel stated it was not shown on the
drawing. Mr. Neumeister stated it was by a separate document. Easements like this are by a separate
document.
Motion carried unanimously. (Res. RII6-04)
ACCEPT PETITION/ORDER FEASIBILITY REPORT/04-3I/1386-148TH LANE NWISS & WM
City Engineer Berkowitz stated the City has received a petition from the property owner of 1386-
l48th Lane NW requesting the improvement of sanitary sewer and water main for Project 04-31.
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 11
Motion by Jacobson, Seconded by Trude, 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 04-31, 1386 - I48th Lane NW. Motion carried unanimously. (Res. R117-04)
APPROVE PLANS & SPECS/ORDER ADVERTISEMENT FOR BIDS/04-7/PRAlRIE ROAD
NW & BUNKER LAKE BOULEVARD NWnRAFFIC SIGNAL & 04-27ÆVPILED'S FOR
TRAFFIC SIGNALS/135TH AVENUE NW & 136TH AVENUE NW ON ROUND LAKE
BOULEVARD NW
City Engineer Berkowitz stated the City Council is requested to approve final plans and
specifications and order the advertisement of bids for Projects 04-7, Prairie Road NW & Bunker
Lake Boulevard NWrrraffic Signal & 04-27, EVP (Emergency Vehicle Preemption)ILED's (Light
Emitting Diodes) for Traffic Signals at 135th Avenue NW & 136th Avenue NW on Round Lake
Boulevard NW.
Councilmember Jacobson asked if any tree clearing would be happening on the south side of the road
except for the curve. Mr. Berkowitz stated there will be some tree clearing on the north side and
extensive tree clearing on the south side.
Mr. Berkowitz showed a drawing of the proposed changes.
The Council discussed the changes to the area with the tree clearing in the site triangle, proposed
traffic signal and timeline to have this done.
Councilmember Trude thought they should coordinate road closings with the bus company for route
changes for school. Mr. Berkowitz stated he would contact.
Motion by Jacobson, Seconded by Knight, to approve the resolutions approving fmal plans and
specifications and ordering the advertisement of bids for Projects 04-7, Prairie Road NW & Bunker
Lake Boulevard NWrrraffic Signal & 04-27, EVPILED's for Traffic Signals at 135th Avenue NW &
136th Avenue NW on Round Lake Boulevard NW. Motion carried unanimously. (RII8-04)
BUILDER REFUND REQUESTIBUILDING PERMIT FEES
Interim City Administrator Dickinson explained Minks Custom Homes, Inc. has requested the
City refund "double pennit fees" that Minks paid in April 2004.
Mr. Dickinson stated the City of Andover has been requested by Minks Custom Homes, Inc. to
consider refunding a double fee pennit charge issued on April 27, 2004. Minks is indicating that
a hole was dug before Minks had picked up a pennit. Minks' expectations were that the pennit
would have been approved before the hole was dug, but discovered processing was longer than
expected. The Building Department, as outlined in the "City of Andover Building Rules and
Regular Andover City Council Meeting
Minutes - July 20. 2004
Page 12
Guidelines" charges a double fee when work is done without a permit. The double fee amount of
$1,436.15 was charged when the permit was approved. Minks did provide the payment
requested and the building permit was issued.
The Finance Department has reviewed Minks' explanation on submitted documentation and
along with the Building Department is not recommending the refund.
Councilmember Knight asked why they are recommending denial. Mr. Dickinson stated it was a
matter of policy. They need to have the ability to enforce the policy.
Councilmember Orttel aSked if it made a difference if it was inadvertent. He stated it would
seem to him that it seems excessive for an inadvertent type of thing. He thought they 5hould just
have a fee for something that was inadvertently done. Mr. Dickinson stated the recommendation
is based on the policy but is at the discretion of the Council.
Councilmember Trude stated she did not see the difference between digging a hole and grading a
large project. Mr. Dickinson stated usually when the lots are prepped they have individual
builders coming in on each separate property, so there is a permit for each property. When they
are doing grading on properties while they are doing platting processes, they have to get
appropriate permits through the City and the watershed before they can do their site grading. Mr.
Berkowitz stated that was correct. Councilmember Orttel stated they also do the grading at their
own risk.
Mayor Gamache thought they could refund part of the double fee to the builder.
Motion by Ortte1, Seconded by Knight, to approve Minks' request due to the fact that the
violation of the building ordinance, starting construction before the permit was actually picked
up, was inadvertent and that the construction that was completed before the permit was picked up
was on1y the excavation of the basement and the City reduce the penalty from $1,436.15 to
$250.00. Motion carried unanimously.
ALLOW CITY COUNCIL TO AUTHORIZE TEMPORARY PARKING PERMITS
City Engineer Berkowitz stated the City Council is requested to authorize Temporary Parking
Permits for streets posted "No Parking" and/or restricted overnight parking streets, in special
circumstances such as medical necessity or access limitations due to construction projects.
Motion by Jacobson, Seconded by Orttel, to approve the resolution authorizing the City Council
to issue a Temporary Parking Permit in situations such as medical necessity or for access
limitations due to construction projects. Motion carried unanimously. (Res. RI19-04)
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 13
DISCUSS GENERATORS AT LIFT STATIONS
City Engineer Berkowitz stated there is a need to add perroanent generators or purchase
additional portable generators to service sanitary lift stations currently in operation and lift
stations proposed for new developments.
Councilmember Orttel asked if this was part of the Irunk plan. He wondered if they could
segregate that as certain areas covered by this lift station will pay for their lift station, Mr.
Berkowitz stated they have a couple different scenarios. Woodland Estates 6th lift station is a
lateral lift station and will on1y serve Woodland Estates 6th so if they were to put a perroanent
generator in there, that development is responsible for one hundred percent of the lift station
costs and would pay for the generator. Lift station number 4, the largest lift station, everyone
that connects onto that lift station pays a lift station charge as part of their assessment. It is not
rolled into the Irunk because when the Irunk funds were established, lift stations were not a
factor. The costs oflift stations are picked up as development occurs. If they set a policy that a
perroanent generator, or contributions towards a portable generator, will set that in their lift
station costs. They could also try to figure out how many generators they will need in the future
and then include it in a new revised area charge but he thought it was cleaner and easier to defend
if they show it related directly to a specific lift station.
Discussion ensued in regard to the different lift stations that would require generators and which
ones would be perroanent and which ones would be temporary, along with costs.
AUGUST 3,2004 COUNCIL MEETING/NATIONAL NIGHT OUT
Interim City Administrator Dickinson explained National Night Out is the same day as the First
Council meeting in August. In previous years Council has rescheduled the first meeting in
August to Wednesday following National Night Out to allow Council and staff to attend the
National Night Out activities. Council is requested to consider rescheduling the August 3, 2004
meeting to Wednesday, August 4, 2004.
Motion by Jacobson, Seconded by Knight, to reschedule the August 3, 2004 to Wednesday,
August 4, 2004. Motion carried unanimously.
MAYOR/COUNCIL INPUT
(City Lawsuit) - Councilmember Jacobson asked City Attorney Hawkins to advise them what they
should do. City Attorney Hawkins stated they will do nothing. He will tender the litigation to the
League of Minnesota Cities for defense under their policy and he assumes they will assign legal
council to defend them.
(Woodland Lawsuit) - Councilmember Jacobson asked where they are on the Woodland Lawsuit. Mr.
-0. - - - . ~-- _..
Regular Andover City Council Meeting
Minutes - July 20, 2004
Page 14
Dickinson stated it is delayed again.
(Fun Fest - Mayor's Booth) - Councilmember Jacobson stated he was at the Funfest and thought it
was done very well this year but he had a question of the Mayor. He noticed he was sitting in the
Community Center booth most of the day and he wondered why he did not call the Councilmembers
to see if they wanted to fill the booth for an hour or so instead of doing it all himself. Mayor
Gamache stated he paid for a booth on his own and used it to talk about any issues that are going on.
Councilmember Jacobson thought they should have something there for the Council in the' future,
Mayor Gamache stated he would work on it.
(Interview Meeting Next Week) - CounciImember Trude asked if they need to have a motion for the
meeting next week for the interviews. Councilmember Orttel stated it is scheduled. Councilmember
Jacobson asked if it is an open meeting, can anyone sit in on the interviews and the deliberations
after the interviews are done? Mr. Dickinson stated they could for the fmalists.
Motion by Ortte1, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:15 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
.-