HomeMy WebLinkAboutCC November 3, 2004
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Tentative Agenda
Regular City Council Meeting - Wednesday, November 3, 2004
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
a. No Passing Zone! Andover Boulevard NW - Engineering
Agenda Approval
1. Approval of Minutes (10/19/04 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Declare Costs/Order Assessment RoII/03-2/W oodland Creek Golf Villas - Engineering
4. Declare Costs/Order Assessment RolI/04-9/Crosstown Meadows - Engineering
5. Accept Petition/Order Feasibility Report/04-48/Deer Oaks/Storm Sewer & Streets - Engineering
6. Approve Vending Proposal-Community Center - Administration
7, Consider Preliminary Plat/ Andover Marketplace 2nd Addition/22 I 8 Bunker Lake Blvd. NW - Planning
8. Consider Final Plat/ Andover Marketplace 2"· Addition/22 I 8 Bunker Lake Blvd. NW - Planning
9. Approve Transfers and Closing Funds - Finance
10, Call for Bond Sale/ 2005 General Obligation Equipment Certificates - Finance
Discussion Items
II. Canvass Election Results - Clerk
12. Public Hearing/2004 Delinquent Utilities Charges - Finance
13. Hold Public Hearing/Adopt Assessment Ro11l04-2/2004 Overlays - Engineering
14. Consider Rezoning/R-I to R-4 and M-IIIIOI 161" Avenue NW -Planning
15. Consider Preliminary Plat/Country Oaks West/II 01 161" Avenue NW - Planning
16. Consider Comprehensive Plan Amendment/Update Sewer Staging Plan - Planning
17. Consider Rezoning/GB to M-I/Property in Andover Station North - Planning
Staff Items
18. Schedule City Council Workshop-Miscellaneous Business Items - Administration
19. Administrator Report - Administration
Mayor/Council Input
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 3,2004
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....,.......,.........................................,..........................................,..1
RESIDENT FORUM......................................,.............,..............,....................,.........................1
AGENDA APPROV AL ...............,.....,...................."..................................,..............................2
APPROVAL OF MINUTES.......,......................,...........................,............................................2
CONSENT ITEMS
Approve Payment of Claims.........,..................................................,........................,...........3
Resolution R184-04 declaring Costs/Order Assessment RoIIl03-2/Woodland Creek Golf
Villas................................................................................................................................3
Resolution R185-04 declaring Costs/Order Assessment Ro11104-9/Crosstown Meadows...3
Resolution RI86-04 accept Petition/Order Feasibility Report/04-48/Deer Oaks/Storm
Sewer & Streets ......"......,.............,...................,...........................................................,..3
Approve V ending Proposal- Community Center ....................,...........................................3
Approve Preliminary Plat/Andover Marketplace 2nd Add. Res. RI87-04............................3
Resolution RI88-04 considering Final Plat/Andover Marketplace 2nd Addition/22 1 8
Bunker Lake Boulevard NW ........................................................................................,..3
Approve Transfers and Closing Funds .........................,.......................................................3
Call for Bond Sale/2005 General Obligation Equipment Certificates (Res. RI89-04) ........3
CANVASS ELECTION RESULTS
Approved (Res. RI90-04}..,..................................................,.............................................,..3
PUBLIC HEARING/2004 DELINQUENT UTILITY CHARGES
. Motion to Open Public Hearing...............................................,.............................................4
Motion to Close Public Hearing .......,....................................................................................4
ADOPT ASSESSMENT ROLIJDELINQUENT UTILITIES Res. RI9I-04 ............................4
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLU04-2/2004 OVERLAYS
Motion to Delay Holding Public Hearing .............................................................................4
CONSIDERREZONING/R-l TO R-4AND M-l/llOI 16IsT AVENUENW
Motion to approve Ord. No. 303 ..........................................................................................4
CONSIDER PRELIMINARY PLATlCOUNTRY OAKS WEST/llOII6IsT AVENUENW
Motion to Approve Res. R192-04 .........................................................................................5
CONSIDER COMPREHENSIVE PLAN AMENDMENT/UPDATE SEWER STAGING
PLAN
Motion to Table .................................................,..............,......................................,............. 7
CONSIDER REZONING/GB TO M-1/PROPERTY IN ANDOVER STATION NORTH
Motion to approve and withdrawn.........................................................................................10
Motion to Table ....................................................,................................................................10
MILLERS WOODS TREE ISSUES ..........................,..............................................................,10
Regular Andover City Council Meeting Minutes - November 3, 2004
Table of Contents
Page ii
SCHEDULE CITY COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS ITEMS .....11
APPROVE PROPOSAL - POURING RIGHTS AT COMMUNITY CENTER....................... 1 1
ADMINISTRATOR REPORT .......................,.....,............................,..............,..................,......12
MAYOR/COUNCIL INPUT
Election Thank you and Issues .................................................,......,.....................................12
ADJOURN1\.1ENT ...................................,.........................................................................,........13
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REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 3, 2004
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, November 3,20047:00 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, Barry Sullivan
City Engineer, Dave Berkowitz
City Finance Director, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No Passing Zone! Andover Boulevard NW - City Engineer Berkowitz stated Mr. Holasek
requested that the Anoka County Highway Department (ACHD) review the "No Passing" zones
on Andover Boulevard NW from Hanson Boulevard NW east to the City limits due to concerns
he has about safety. Staff has discussed the "No Passing" zone evaluation request with the
ACHD. They are currently reviewing the existing striping and will make changes if warranted.
''No Passing" zones are typically established at vertical and horizontal curves. Other locations
would be pavement-width transitions, approaches to intersections, approaches to obstructions
that must be passed on the right and approaches to railroad grade crossings. Mr. Holasek
thanked Mr. Berkowitz for checking into this.
Mr, Winslow Holasck - Thought there should be some signs regarding the lane change on Hanson
Boulevard. Mr. Berkowitz stated he would contact the County regarding signing but he thought this
was already planned. Councilmember Orttel asked what the time frame was on this. Mr. Berkowitz
stated it was scheduled to be closed until November 17th and is weather dependant and the traffic
sigoal will follow and he understood it would be early to mid-December before that is installed.
Mr. Carroll Abbott - 2917 I420d Lane NW, congratulated all of the re-elected Council.
Mr. Darvl Jakowski, 15840Kiowa Street, stated they had their street redone and were just presented
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Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 2
with an $1,800.00 assessment and he wondered if they will be required to pay for a project they did
not want done and if they will be reimbursed for sprinkler heads damaged in the project. Mr.
Berkowitz stated they did have a neighborhood informational meeting before they started and gave
them an estimated cost. All of the neighbors were presented with the costs and this road was in
desperate need of repair. Their policy is to install concrete curb and gutters. If the city is notified of
damage, they do repair the sprinklers.
Mr. Jakowski stated he was not aware the City would repair the sprinkler heads so he fixed them
himself. He did not believe they had any speed limit signs on the road and he wondered if there was
any way they can get the speed limit down on this street because they have small children. Mayor
Gamache stated they are working with their State Representative on trying to change the law.
Councilmember Ortte1 stated they could put up a "child playing sign" because if they put up a speed
limit sign, people will probably go faster. Councilmember Trude thought residents who have been
assessed will have the opportunity to spread this out over a five year time for payment.
Mr. John Tashick, 15821 Kiowa Street, asked if the assessment will include a five percent interest
charge for payment over time. Mr. Dickinson stated there would be.
Councilmember Trude thought they could look at an alternative way to publish notices besides the
paper because they have recently been having problems with notices being published. Mr. Dickinson
stated they could look into alternatives to the newspaper.
Councilmember Trude noted three boy scouts working on their citizenship in the Community are
present.
AGENDA APPROVAL
Add Item l8a, (Approve Proposal- Pouring Rights at Community Center).
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above, Motion
carried unanimously.
APPROVAL OF MINUTES
October 19, 2004, Regular Meeting: Correct as amended.
Councilmember Trude stated on page five, Mr. Neumeister responded to the applicant explaining
that "the Constance Corners Plat met all requirements of the City Code regarding building setbacks
next to wetlands".
Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried
unanimously.
Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 3
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Declare Costs/Order Assessment Rol1/03-2IW00dland Creek Golf Villas (See
Resolution RI84-04)
Item 4 Declare Costs/Order Assessment Rol1/04-9/Crosstown Meadows (See Resolution
RI85-04)
Item 5 Accept Petition/Order Feasibility Report/04-48/Deer Oaks/Storm Sewer & Streets
(See Resolution RI86-04)
Item 6 Approve Vending Proposal- Community Center
Item 7 Consider Preliminary Plat!Andover Marketplace 2nd Addition/22I8 Bunker Lake
Blvd. NW (See Resolution RI87-04)
Item 8 Consider Final Plat! Andover Marketplace 2nd Addition/22I8 Bunker Lake Blvd. NW
(See Resolution R188-04)
Item 9 Approve Transfers and Closing Funds
Item 10 Call For Bond Sale/2005 General Obligation Equipment Certificates (Res. 189-04)
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
CANVASS ELECTION RESULTS
City Clerk V olk reviewed the local election results and presented the resolution to the City Council
for approval.
Mayor Gamache thought everything went smoothly and the judges did a fantastic job.
Councilmember Orttel wondered where the numbers come from for the television stations because
they were different than what was published. Ms. V olk explained the numbers are transmitted to the
County and the County disperses them, Mr. Dickinson stated the County takes the preliminary
numbers and produces them for immediate media presentation and then submits them to the
Secretary of State.
Councilmember Trude wondered how long the judges were working. Ms. Yolk thought the last
judge was done at 10:30 p.m. She stated she had two of the staff members, Cindy Ramseier and
Michelle Hartner helping and five public works members come in at 5:45 a.m. to deliver the ballots
and it worked out really well.
Motion by Jacobson, Seconded by Trude, to approve the resolution canvassing the election results.
Motion carried unanimously. (Res. RI90-04)
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Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 4
PUBLIC HEARING/2004 DELINQUENT UTILITY CHARGES
City Administrator Dickinson explained Section 8 of Ordinance 32, Section 30 of Ordinance 55 and
Section 8 of Ordinance 86 provide for the collection by assessment of unpaid sewer, water, storm
sewer and street lighting charges. The assessment procedure directed by state statute 429 is being
followed by holding a public hearing to act upon the proposed assessment.
Motion by Trude, Seconded by Knight, to open the public hearing at 7:21 p.m. Motion carried
unanimously.
No one wished to address the Council.
Motion by Trude, Seconded by Knight, to close the public hearing at 7:21 p.m. Motion carried
unanimously.
Motion by Jacobson, Seconded by Trude, to approve the attached resolution adopting the assessment
roll of$I2,978.12. Motion carried unanimously. (Res. RI9I-04)
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLU04-2/2004 OVERLAYS
City Engineer Berkowitz stated that due to publication problems, the City Council is requested to
delay the public hearing for Project 04-2, 2004 Overlays in the area of Kiowa Terrace and Valley
View Estates 2nd Addition until December 7, 2004.
Motion by Jacobson, Seconded by Knight, to delay holding the public hearing until the December 7,
2004 City Council meeting. Motion carried unanimously.
CONSIDER REZONING/R-I TO R-4 AND M-I/llOII6IsT A VENUE NW
Community Development Director Neumeister stated the Council is asked to review the proposed
rezoning to allow the Country Oaks West project to move forward.
Councilmember Jacobson asked after the designation, what the density will be with the townhome
units. Mr. Neumeister stated it would be one and a half units per acre.
Mr. Opiates showed a map of the preliminary plat and indicated the overall density.
Councilmember Jacobson stated his concern was the overall density did not exceed what they would
find in a normal R-4 neighborhood. Mr. Neumeister stated because of the wetlands, it shows up as a
very low number but it is typical of a single family residential area. If the wetlands were taken out, it
would be around two to two and a half units per acre.
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Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 5
Councilmember Trude stated this project has been going on for about two years. She stated this is
meeting the met Council's requirements to get more houses in the community.
Councilmember Orttel stated when they were negotiating with the met Council on the High School
site, this was part of the negotiations and this was an unusual site because there are railroad tracks to
the east and no homes abut this site.
Councilmember Jacobson stated they have two sections, one with town homes which will be rezoned
to higher density and one with single family homes. He wondered ifhe missed the legal description
so they are not rezoning the whole thing. He stated he did not see any exhibit. Mr. Neumeister
stated there is a legal description listed on the property.
Mayor Gamache asked if the legal description broke the property down with the two different
zonings. Mr. Neumeister stated it did not. He showed the area in question for the town homes.
Councilmember Jacobson stated they should have the legals so the entire property is not rezoned.
Councilmember Jacobson asked the City Attorney what the best way to rezone the property was.
City Attorney Sullivan stated they can do the rezoning anyway they wanted as long as it is specific
and well defined so people understand what it is they are doing.
Motion by Jacobson, Seconded by Knight, to approve the rezoning request based on the fact that
times and conditions have changed and subject to the attorney reviewing the legality of the legal
description.
Councilmember Trude stated they have generally on1y zoned when they know it is a contract zoning
type of situation and this plat is so unique and there is on1y enough room to hook up one hundred
homes to City water and sewer so there is no opportunity for someone to do any mischief to the
property.
Motion carried unanimously. (Ord. No. 303)
CONSIDER PRELIMINARY PLAT/COUNTRY OAKS WEST/llOII6IsT A VENUE NW
Community Development Director Neumeister explained the Council is asked to review a
preliminary plat with Planned Unit Development review as provided under City Code 13-3. The
development contains single family and twin house lots. The Council previously reviewed a sketch
plan of the subject property.
Councilmember Trude stated the development agreement seems to be the catch-all place where
anything they need to get cleaned up can be watched closely as it moves forward.
Councilmember Jacobson stated on the plat on the north end of Wintergreen Street, the temporary
Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 6
turn around does not touch the end of the property line and should be corrected. Mr. Neumeister
stated the reason this was done was because they do not want to trespass during construction. It was
advised to hold the street back a short distance to allow for a fire hydrant and a small boulevard so it
does not extend to the end of the plat.
Councilmember Jacobson wondered what happens if the property owner to the north comes through
and there is a twenty foot gap. Mr. Neumeister stated they take right of way all the way to the edge
and they do not build the street to the end of the plat.
COullcilmember Jacobson stated in the drawing, on I 62nd on the west end, it shows ponding for the
development off site. Mr. Neumeister stated he talked to the engineer and that property is off the plat
and conceptually shows how the pond and lot configuration of that area would develop, They would
ask they not construct a pond onto the adjoining property.
Councilmember Jacobson stated the pond is not on the developer's property but if the pond is
chopped off the development, will the holding pond be sufficient to handle all of the water. Mr.
Neumeister slated the additional space for the pond was to take care of the five or six new lots. The
pond east of the plat would take care of their storage needs and by expanding the pond as those new
lots at the end of the cul-de-sac would be created, there would be a little bit larger pond to handle the
water.
Councilmember Jacobson wanted to make sure there was not any building off of the site.
Councilmember Jacobson stated on the town houses, the front setback is less than the requirements
for the single family homes and he understood the reason for that was to allow for some landscaping
in the back because of a pipeline in the back. He wanted to alert them the town homes will be closer
to the road.
Councilmember Trude thought this development was so unique because it was close to the railroad
tracks and there would be benning alongside of the tracks. Mr. Neumeister stated there would not be
any berrning along the railroad tracks because there was a pipeline along the tracks and they do not
want to place anymore burden on the land by the tracks so they requested the landscaping take care
of the noise by the train tracks.
Mr. Neumeister showed on a map what they wanted the landscaping to look like. The reason they
moved the town homes further away from the tracks was to shield them from a lot of noise from the
railroad,
Councilmember Jacobson stated he did not see where the Park Board discussed park dedication on
the land. Mr. Neumeister suggested they wait for the entire area to build out which should be about a
year or two to see what the land dedication should be.
Mr. Neumeister stated there was one point of clarification he wanted to add into the Resolution on
page seven. Since there was some ghosted in parcels on the north end of this plat, he felt there
Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 7
should be a couple words added. In the "Now therefore be it resolved" it should say "there is an
approval for a preliminary plat of one hundred lots" so there is no question later as to how many lots
are on there.
Councilmember Trude wanted to make sure there is no parking or parking on one side of the street
because it is a collector street. Mr. Berkowitz stated there would be no parking on the collector street
and that is in the resolution.
Councilmember Jacobson asked if the Association would be for the entire plat or for just the town
homes. It was noted it would be on1y for the town homes.
Councilmember Trude asked if they were still waiting on calculating the sewer units to See what
happens to the development to the west. Mr. Neumeister stated because there were a lot of questions
at the time of allocation of units, they would not recommend any of the units be forwarded for
approval at this time. They would want to see the build out of virtually every other development in
this area when Chesterton Commons lift station was completely at maximum then they could make
that decision if and when additional units will be granted. Until all of the units are built out, they are
on1y looking at hypothetical. They would like to see the actual number offlow volumes to make that
decision and then bring the information forward before any more units would be granted. Mr.
Berkowitz stated there will also be the Yellowpine bypass lift station that needs to be evaluated as
part of that process. They are looking to purchase a flow meter to determine what the actual flows
will be instead of hypothetical.
Motion by Trude, Seconded by Knight, to approve the proposed plat for Country Oaks West as
presented including the addition to the Resolution "Now therefore be it resolved, there is an approval
for a preliminary plat of one hundred lots". Motion carried unanimously. (Res. RI92-04)
CONSIDER COMPREHENSIVE PLAN AMENDMENTIUPDATE SEWER STAGING PLAN
Community Development Director Neumeister stated this item is intended to update the Sewer
Staging Plan to reflect the Yellowpine Alternative of the Sewer Plan that was selected by the
Council.
Councilmember Trude wondered when the Planning Commission decided to include the two lots on
I 54th Lane, were there residents from the entire neighborhood at the meeting. It was indicated there
were residents at the Planning Commission meeting.
A map of the area was shown and Mr. Neumeister discussed the proposal with the Council.
Councilmember Trude stated because of Ag Preserve land, the only potential area that would first
have new sewer pipeline to it would be the yellow area on the map. Mr. Neumeister stated that was
correct.
Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 8
Councilmember Trude wondered if there were any issues brought up by residents regarding that area.
Mr. Neumeister stated they talked directly with the neighbors and there is some interest to have
some properties moved up from 2010 to 2005.
Councilmember Orttel stated the sewer either has to come from the south or from Andover
Boulevard. Mr. Neumeister stated it would have to come from the south because there is not enough
capacity down Andover Boulevard to extend it any further.
Mr. Neumeister showed on the map the sewer staging plan of the area.
Ms. Karnes, Land for Sale, stated all of the property owners are aware of the project.
Councilmember Trude wondered how many property owners were a part of the sketch plan. Ms.
Karnes stated all of them were.
Councilmember Trude wondered how the property at 849 fits into the project on the corner without
devaluing an existing residential neighborhood that has two and a half acre lots. Ms. Karnes stated
the home at 849 would be removed. It is a lot older and a different condition than the other homes
on I54th Lane. Councilmember Trude wondered if there were a lot of trees that bordered that
property and the property to the west. Mr. Berkowitz showed an aerial of the area and explained
where the trees are located.
Mr. Schippers stated he has the petition for 891 I54th Lane. He likes the area but understood the
development needs to go on. He would like to not see the access onto I 54th Lane.
Councilmember Trude wondered how he was impacted. Mr. Schippers stated ifhe was not included,
he would probably have three lots to the east and north which would be a huge change. He stated the
recommendation from the City including half of his property would not do him any good.
Councilmember Orttel asked what the time frame would be for the rest of the area. Mr. Berkowitz
stated it would be 2005 to 2010 to the north and to the south he thought it would be 2010-2015.
Mr. Mark Lipski, I57th, stated he would like to let the residents know what was going on with his
neighborhood and what they were in for. Mr. Lipski stated three of the Council members wanted to
reduce the two and a half acre lots to urban lots. Councilmember Trude thought the vote was
unanimous.
Mr. Lipski explained what was happening with the new development adjacent to his property
regarding the removal of trees that were supposed to be a buffer to the neighborhood already existing
in the area.
Councilmember Orttel stated an outlot is legally a pile of dirt and the mistake that was made was
there was not a requirement to have the developer sign something stating the trees would be left. Mr.
Lipski thought there needed to be an ordinance regarding tree preservation because there was a
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Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 9
mistake made and no one in the City was checking on what the developer was doing.
Ms. Pat Tornquist, 836 1 54th, stated she was not against the development but was opposed to a road
going out onto their street because it would be in front of their home and they would prefer having
the road circle aroUnd and back out onto Prairie Road if possible with two entrances out onto Prairie
Road.
Ms. Karnes stated she appreciated the neighbors' concerns and because of the restrictions, they
caonot come out onto Crosstown and they need to be so far from the comer on Prairie Road. She
stated this would make sense for the development in the future.
Councilmember Trude stated there would be elimination of six driveways on Crosstown by this
development and she thought if this was brought to the County there should be a way to get an access
onto Crosstown. Ms. Karnes stated she has discussed this with the County already.
Councilmember Knight wondered how many homes would be in the development. Ms. Karnes
stated there would be around 67 homes.
Councilmember Orttel thought the main road would go out onto Prairie Road and the road going out
onto 1 54th would be a secondary road.
Ms. Dawn Tombisanuny, 943 1 54th, stated she cannot stop the development to the north but wants to
maintain the integrity of her neighborhood. She thought there would be additional traffic if the road
came out onto I 54th and would hurt the value of their home.
Ms. Mary Ann Kelner, 849 I54th, stated she has been there twenty six years and when she moved
there, there was not a I54th. She stated she went through the same thing when the neighborhood
developed and she wants to sell her property so the road does not matter to her because she will sell
no matter what but it will affect her neighbors.
Councilmember Jacobson asked if Mr. Holasek's property being in 2005-2010 is appropriate. Mr,
Holasek stated his property is currently an operating farm and he did not have any inunediate plans
to develop. He stated if that area wants to develop and there is capacity from Crosstown, he did not
see a problem with it.
Councilmember Trude wondered if there was a rush to complete this because she would like to
discuss this further. Mr. Neumeister stated there is not a rush to get this done.
Ms. Karnes stated she did not have a problem with a long cul-de-sac in the development but would
like the two properties included in the development.
Motion by Knight, Seconded by Jacobson, to table this item to December 7, 2004 for further
discussion. Motion carried unanimously.
Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 10
CONSIDER REZONING/GB TO M-1/PROPERTY IN ANDOVER STATION NORTH
Community Development Director Neumeister stated the City Council is asked to review this
rezoning request to facilitate the residential component of the Andover Station North mixed-use
development.
Motion by Jacobson, Seconded by Orttel, to approve the rezoning request based on the reason that
times and conditions have changed.
CounciImember Trude stated they have been waiting to see if Bruggeman Homes was able to
negotiate with Mr. Povlitzki and she wondered if they heard anything regarding that discussion. Mr.
Neumeister stated he has not heard any more. Councilmember Trude stated she was concerned with
rezoning Mr. Povlitzki's land without him being a part of the sketch plan they have.
Councilmember Jacobson withdrew his motion.
Councilmember Trude stated she did not want to rezone the property multi-family if there has not
been discussion with the property owner.
Councilmember Orttel thought it was their plan for that part of town that butts up to the City's
multi-family would be multi-family. Mr. Dickinson stated they could rezone the City owned
property north of Povlitzki's property.
Motion by Trude, Seconded by Knight, to table this item. Motion carried unanimously.
MILLERS WOODS TREE ISSUES
Mr. Berkowitz stated the whole intent was to preserve as many trees as possible within the
development. He showed an aerial of the property before construction started and explained
what was proposed.
Mr. Lipski stated the City should be checking on the activities of the developments to make sure
they are sticking with their plans.
Mr. Berkowitz showed the approved plan and discussed it with the Council.
Mr. Lipski wondered what all the meetings were for ifthe plans changed drastically.
Mr. Neumeister discussed the lùstory of the plans.
The Council consensus was to have staff go out to the property and see what has happened and
what could be resolved with the properties.
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Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 11
The Council recessed at 9:42 p.m.
The City Council reconvened at 9:47 p.m.
SCHEDULE CITY COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS ITEMS
Motion by Jacobson, Seconded by Trude, to schedule a City Council workshop for Tuesday,
November 9, 2004 at 6:00 p.m. Motion carried unanimously.
APPROVE PROPOSAL -POURING RIGHTS AT COMMUNITY CENTER
City Administrator Dickinson explained the Recreational Facility Manager has sent out a request
for proposal and in return received two proposals for the right to pouring rights at the Andover
YMCA/Community Center. The Recreational Facility Manager is recommending that the
Council approve the proposal received from Pepsi. The cost of all their products is less then
Coke. We receive a higher profit from all bottles sold in machines or through the concession
stand. When you add up the estimated rebate of$I,600.00 cash along with the $1,000.00 up
front money per year and then the cost savings on all the products, it will easily cover the
$4,000.00 cash per year that Coke has proposed. Also, because of the YMCA national
sponsorship with Pepsi, there will not be any issues that may have occurred had we gone with
Coke.
The revenues created by collecting commissions on soda machines along with concession sales
will help off-set the operations costs of the Community Center.
Councilmember Jacobson wondered in the agreement with the YMCA, did they share in the
revenue from public vending machines. Mr. Dickinson stated they did share in the revenues
from public vending machines and concessions. Vending machines within the venues of just the
City, they do not share in the revenues. He stated this will be for the entire facility and the
YMCA is in concurrence with this because they have an exclusive agreement with Pepsi and will
segregate all the machines so they will get separate commission reports from all of them.
Mr. Dickinson stated the revenue from this will be on1y the City's until the facility opens up.
Motion by Knight, Seconded by Trude, to approve the proposal submitted by Pepsi. Motion
carried unanimously.
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Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 12
ADMINISTRATOR REPORT
City Administrator Dickinson updated the City Council on the Community Center Construction
and Fire Station Construction.
City Engineer Berkowitz updated the City Council on Road Improvement Projects in the City.
Community Development Director Neumeister updated the City Council on Development
Activity in the City.
Mr. Neumeister stated CVS Pharmacy will have their grand opening on Saturday, November 6,
2004 and Walgreen will be opening Friday, November 5, 2004.
Councilmember Trude wondered why the crossing guards cannot park their cars by the traffic
lights. Mr. Berkowitz stated they initiated the calls to the School District because this year they
will not be plowing to accommodate them and another issue is these are County Roads and there
are also site vision issues. This is the County's jurisdiction. Councilmember Trude asked if they
could work something out. Mr. Berkowitz stated he would look into it.
MAYOR/COUNCIL INPUT
(Election Thank You) - Councilmember Knight thanked the voters for their confidence yesterday. He
was also glad to see many of them ignored the smears going on within the City. Councilmember
Orttel also thanked the public for reelection. He stated there were rumors going around that if re-
elected, he and the Mayor were going to rehire Mr. Erar and he wanted to make it clear that this was
incorrect. He thought it was terribly unfortunate that this was the worst election he has seen.
Councilmember Trude stated she was surprised with some of the things Councilmember Orttel stated
in his literature about the ethics and concern about back room deals. She stated all of the meetings in
the back are open and the City Attorney is there to advise them on following those proceedings,
Councilmember Orttel stated he would be happy to discuss this further at a public forum but on1y in
Andover could a person get charged for a campaign ethics complaint for saying he would continue to
expose ethics violations. He stated this was part of this sworn oath. He 5tated someone in Andover
filed an Ethics violation complaint against him because he said he would uphold the standard of
ethics in the City. He stated this has been dismissed.
Councilmember Trude asked which ethics violations have they not dealt with or had.
Councilmember Orttel stated he would prepare a list. He stated any major decision made in the City
is made in the back room and they are supposed to be made out in front of the public. He stated
everything listed in the lawsuit dealt with what went on in the back room. Councilmember Trude
stated all of the meetings are legal with a secretary present and the minutes are published on1ine.
- . -
Regular Andover City Council Meeting
Minutes - November 3, 2004
Page 13
Councilmember Jacobson read a story to the residents and explained there is a group in Andover that
distributed a mailer which referred to allegations that three of the Council Members had illegal
meetings and other activities. He stated the allegations are false and the ACT group is now being
investigated. He stated he would also uphold the standard of the ethics in the City.
Councilmember Jacobson stated some of the people running for Councilmember did not file their
fmancial reports on time including Mr. Greenwald and Councilmember Orttel.
Councilmember Orttel stated he would challenge Councilmember Jacobson that he did not file on
time. He stated he did not spend over $1,000 in his campaign so there was no report required. He
stated as far as corruption issues and favoritism, he remembered a meeting in the back room where
ethics was compromised. He gave an example of a time when a bid was presented by a developer
after the deadline which was close to another bid where the developer was present. He stated he
does expose ethics violations and will continue to do so.
Councilmember Trude stated she was not aware of any ethics issues brought to the Attorney's office.
She asked City Attorney Sullivan if he recalled any being filed. City Attorney Sullivan stated he
was not aware of anything.
Councilmember Orttel stated he would make a list of ethics violations and present them in writing to
Councilmember Jacobson.
Mayor Gamache thanked the residents of Andover for their support and congratulated Kathy
Tinglestad, Scott LeDoux, and Chris DeLaForest for their victories.
Motion by Trude, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
adjourned at 10:25 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary