HomeMy WebLinkAboutCC June 7, 1988
CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - JUNE 7, 1988 - AGENDA
7:30 P.M. l. Call to order
2. Resident Forum
3. Agenda Approval
4. Pllàlie IIcarino:y/\'aeation sf £crJiec Road Eaßcmcnt/C£:AII 18
5. Discussion items
a. Dog Bite Complaint, Cont.
b. New Generation Homes Mining Permit, COnt.
c. Old Colony Estates Preliminary Plat
d. Minnesota Intrastate Transmission Systems Special
Use Permit
e. Creekhaven Preliminary Plat
f. Northwestern Bell Special Use Permit, Cont.
g. Ward Lake Lot Discussion/D. Nelson
h. Red Oaks Manor 5th Addition Preliminary Plat
i. Ordinance 52 Amendment
j. Engels Special Use Permit
k. Lund's Evergreen 5th Addition MSA Discussion
1. Declare Adequacy of Petition/Dehn's Addition
m. Approve Purchase Agreements
n. Award Bid/159th Avenue Culvert
o. Woodland Creek Golf Course Permit Review
p. Commercial Park/Protective Covenants
q. Resolution Accepting Work/Oak Bluff 1st Streets
--r. Street Lights/Appro·..o R06011ltisn5 DoId-<-
s. Kensington Estates III Final Plat
t. Orttel Lot Split
u. Tonson Tires
v.
6. Staff, Committee, Commission
a. Handout Discussion w/Administrator
b. Renew Kennel license/po Prior
C. Park Board/Approve Expenditure for Comprehensive Plan
d. Building Inspector
~e. Additional Fire IIydrantc/Fire DepartmQRt D~/d('..
f. Assessment Abatements
7. Non-Discussion Items
a. Order Plans & Specs/Northwoods Tennis Court
b. Award Bids/88-4; 88-6: 88-7: 88-2
c. Declare Adequacy of Petition/Uplander
d. Condemnation/Red Oaks 5th Addition
e. Tulip Street/No Parking Resolution
f. Award Bid/Oak Bluff Park
g. Approve Final Plat/Brandon's Lakeview Estates
h. Approve R/W Payments
i. Order Public Hearing/88-10/University Avenue
j. Accept Work/Approve Final Payment/86-7: 86-12:
87-2: 87-6
k. Approve Joint Powers Agreement w/Ham Lake
l. Approve Plans & Specsj88-10: 88-9: 87-21
m. Receive Feasibility Reports/88-13: 88-8
8. Approval of Minutes
9. Approval of Claims
10. Adjournment
CA. CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304' (612) 755-5100
REGULAR CITY COUNCIL MEETING - JUNE 7, 1988
MINUTES
The Regu]ar BI-Monthly Meeting of the Andover City Council was cal]ed
to order by Acting Mayor Kenneth Orttel on June 7, 1988, 7:30 p.m., at
the Andover City HaIJ, 1685 Crosstown Boulevard NW, Andover,
Minnesota.
CounciJmen preent: Apel, EJ J ing. Knight
Councilman absent: Mayor Windschltl
Also present: City Attorney. William G. Hawkins; Assistant City
Engineer, Todd Haas; City AdmInistrator. James
Schrantz; and others
AGENDA APPROVAL
MOTION by Apel, Seconded by Knight, to approve the Agenda as
presented. Motion carried unanimously.
DOG BITE COMPLAINT
Acting Mayor Orttel explained two separate police reports were fiJed
reporting incidents where a German Shepherd dog owned by Luke Davich.
2780 South Coon Creek Drive, had bitten children. He read both
reports from the Deputy, which were dated Mal' 7 and Mal' 8, 1988.
Luke Davlch - reviewed what he had said at the previous meeting,
that the incident was supposed to have taken place 45 minutes before
he got home, but the wound he saw was fully scabbed. He didn't
bel ieve it was a dog bite. He admitted hIs dog is possessive and will
grow! and bark; but to his knowledge, he did not beJieve it had ever
bitten anyone. And he didn't beJleve there was proof now that anyone
was bit. Mr. Davich stated the City was given the name and phone
number of the clinic to verify that the wound was scabbed, but the
City Staff didn't think it was necessary. It was his opinion the
poJiceman made a poor Judgement when reporting it as a biting
incIdent. He had expected the deputy to be present this evening to
discuss the matter. He also stated he knew nothing about the second
incident.
Mr. Davich continued that there are many children in his yard and
there has never been a problem with the dog. He be II eved the
ordinance is clear, and that in this instance there is no evidence
that the dog bit anyone.
ActIng Mayor Wlndschltl stated it doesn't have to be a bleeding wound,
and the ordinance Is being changed to IncJude chasing and lunging
dogs. The Council's concern Is kids being changed by dogs. M..
Davich stated that Is his concern also.
- -
Regular City Council Meeting
June 7, 1988 - MInutes
Page 2
(Dog Bite Complaint, Continued)
Counc i I feJt it could not overlook two separate reports from Deputy
Berggren and noted there is no evidence to support Mr. Davich's
contention. It was explained the declaration of the dog as a biting
dog is a warning; but i f there is another incident. the dog must then
be removed from the City.
MOTION by Elling, Seconded by Apel. a Resolution declaring the
German Shepherd owned by Luke Davich of 2780 South Coon Creek Drive a
bi ti ng dog under the terms of City Ordinance No. 53. (See Resolution
R098-88) DISCUSSION, Mr. Davich stated It Is not a German Shepherd.
He felt the Counc II wasn't doIng its job by not finding out all the
facts. He again urged the Council to cal I the clinic and get a
professional's opinion on whether it was a dog bite or an old wound.
Acting Mayor Orttel stated the resolution is for the dog which the
deputy refers to as a German Shepherd. Motion carried unanimously.
NEW GENERATION HOMES MINING PERMIT
Acting Mayor Orttel reviewed the Staft comments for restrictions on
the mining permit requested by New Generation Homes. Mr. Haas noted
the ordinance allows Special Use Permits for a period of not more than
one year. Counc i I also asked to have the site plan of the 13 acres to
be mined as a part of the permi t.
An issue that was discussed was the continual restoration of the area
as I t Is being mined. Wayne Bachman of New Generation Homes stated
they have no obJection to doing that. As they take off portions of
the soi I, they wi 1 1 restore it with topsoi I and seed.
Tom Minor. 15629 Kiowa - stated at the last meeting they had talked
about prohibIting the operation on Saturdays. M.. Schrantz explained
the ordinance does not prohibit such operations on Saturdays.
Darlene Lazarz. 157th - stated she counted the cars along 157th for
three days between 4 o'clock and 5 or 5:15. Within that hour there
were 215 cars one day. 255 another, and 230 on another. She fel t that
was a lot of traffic and would be a hazard if the trucks hauled dirt
durIng that time period.
Mr. Bachman didn't expect to be to be working past 4 or 5 o'clock
regularly, but mal' do so on a particular job that would need to be
done or because of the weather.
M.. Minor - stated he talked with many of the neighbors about this,
and the residents real II' do not want this type of activity In their
neIghborhood. It is an extremely busy street, and he didn't think it
was appropriate to be hauling on Saturdays or after the dInner hour.
He asked if any of the lots would be unbuildable when the mining is
completed.
Regular City Council Meeting
June 7, 1988 - Minutes
Page 3
(New Generation Homes Special Use Permit, Continued)
Councilman Elling stated no, but he sti I ¡ had a problem with possibly
subvertIng the regulations regardIng an EAW by minIng in a piecemeal
fashion. M.. Bachman explaIned as a part of the prelImInary plat they
are filing, they wll I not remove any filI. He expects to be
developIng that other area very soon.
MOTION by Ape], Seconded by Knight. a Resolution for approval of a
Special Use PermIt requested by new Generation Homes to mine soIl from
the property known as Indian Meadows, amended to include No. 9, that
the applicant is required to restore the mined area using approved
topsoi I and seed as he progresses at not more than 30-day Intervals;
No. 10. that this permit be tied to the grading exhIbit presented at
this meeting, Agenda Item 5b and so labeled; and No. 11, this wi I] be
reviewed annually; and amend No. 8, Hauling of material Is Monday
through Friday, 7:00 a.m. to 4:00 p.m., and no hauling on weekends.
DISCUSSION: Mr. Minor noted his experience with the traffic at 7
a.m. , stating there is considerably less traffic at 7:30 a.m. He
felt that half hour would make a big difference in safety.
Counc i I man Ape I CHANGED the motion. No. S, Hauling of material is
Monday through Friday, 7:30 a.m. to 4:30 p.m.. and no hauling on
weekends. Second Stands. (See ResolutIon R099-88) Motion carried
unanimously.
OLD COLONY ESTATES PRELIMINARY PLAT
Counc II asked about the east side of Xeon for future development.
Attorney Hawkins stated that can be required to be dedIcated at this
time.
Al Hamme I . GauGhan Companv - stated they are not asking for approval
on that portion at this time. Just for Phase 1. The code requires
that everythIng within the MUSA be shown on the preliminary plat.
They wI ¡ I have the complete rIght of way on Xeon. IncludIng that
portion which is outside the MUSA, when they come back wIth the plat.
Mr. Hammel also explained the Environmental Quality Board has told him
and Mr. Haas that they would have no difficulty going ahead with Phase
1 , not wanting to see the phase held up. They are in the process of
preparIng an EAW for the entire 140 lots; but to wait untiJ the en ti re
comment period on that EAW would push this phase to sometime In the
fall. Over 50 percent of the Improvements have already been ordered
for the development. with work being done at thIs time. M.. Hammel
stated there wouJd be no further platting done until the EAW is
reviewed and approved by the Council.
MOTION a Resolution approving the preliminary plat of Old Colony
Estates as being developed by the Gaughan Companies in Section 26 32
24. as presented, and Change No. 2 to: an EAW be done on this pJat
prior to the finalization of Phase 2. (See ResolutIon RI00-88)
Motion carried unanimously.
Reguiar City Council Meeting
June 7, 1988 - Minutes
Page 4
MINNESOTA INTRASTATE TRANSMISSION SYSTEMS SPECIAL USE PERMIT
Planning and Zoning Commissioner d'Arcy Bosel I reviewed the proposed
proJect to Install a natural gas pipeline through Andover adJacent to
the Burlington Northern railway line. The Planning Commission Is
recommending approval of the special use permit. /luting the publ ic
Input at the public hearing.
In addition, it is possible the MITS mal' need to store their pipe
along the proposed pIpeline location. Dennis Sandberg of MITS has
stated their primary storage point would be in the CI ty of Isanti.
Ms. Bosel 1 recommended a condition of the SUP that such storage not
create a safety hazard for the citIzens of Andover. that it be
conducted for a maximum of 12 months, and that the site of storage be
restored as to vegetation, etc.. if appl icable.
Finally, many of the residents were concerned with the oak trees and
spread of oak wilt. Ms. Bose] ] stated M.. Sandberg has met with the
City's Forester, Ray Sowada. and has written a letter dated June 7
regarding the oak wilt issue and the safeguards they will imp I emen t.
She recommended adding as a condition of the SUP that the prevention
of oak wilt will be considered according to that June 7 let te..
Dennis Sandbera. MITS - stated it has been decided that the rai I road
tracks in Andover are too busy and that their storage of pipe wi I] be
In Isanti.
Bi I I Jordan. Attornev reoresentina MITS - explained the route of the
pipeline requires the approval of the Department of Natural Resources.
The Office of Pipeline Safety has Jurisdiction over the line, but that
Jurisdiction begins once consturction begins. They have no
Jurisdiction over determining where the ] ine wi I I go.
Acting Mayor Orttel stated he understands the pipeline will be closer
to a resident than what would be allowed under the 1987 Pipeline
Safety Act.
M.. Jordan explained the 1987 Pipeline Safety Act charges the Office
of Pipeline Safety with adopting a model setback ordinance. Once It
Is adopted, communities that have pipelines running through them wi 1 I
be required to adopt setback ordinances at least as stringent as the
model ordinance by no later than 1989. The model ordinance has not
yet been adopted, though it is expected to be in place by this fall.
Gary Reddinaton. 978 154th Lane - presented a petition from three
landowners on the east side of the railroad tracks which presented
some background and their request to have the line run down the
western portion of the railroad tracks until it is past their
propertl es. He explained the original route of the pipeline was down
Regular City Council Meeting
June 7, 1988 - Minutes
Page 5
(Minnesota Intrastate Transmission Systems SpecIal Use Permit, Cont.)
the western side of the railroad tracks, but it was decided to switch
i t to the eastern side to accommodate the Hills of Bunker Lake plat.
The proposal was then to cross from the west to east side on an
existing gasilne easement about one mile south of Crosstown Boulevard.
He understands the property owner was unhappy about that because it
would destroy his sod fields. M.. Reddington explained Sophie
Kozlowski owns a strip of land about one-half mile long on the east
side of the railroad tracks which was cut off when the railroad went
through and which is directly behind his platted property.
M.. ReddIngton explained his house backs up to Ms. Koz I owsk I / S land.
and there is about 66 feet from there to the raIlroad tracks, which Is
where they want to put the pipeline. The pIpeline wil J come wi thin
100 feet of his house and within 50 feet of Mr. Genoskey's house.
Plus they wIll be cutting down 55 feet of trees whIch will eJ Imlnate
the buffer between them and the raiJroad track, and it wi I ] never be
alJowed to grow back again. They are worried about their cutting
trees and oak wilt, not i ng the Jack of care taken this morning by the
crew cuttIng down trees.
Mr. Reddington stated several days ago he called the Office of
Pipeline Safety, and a representatIve came on site. Their side of the
tracks Is al J wooded; the west side is open, Jow, and undeveloped.
The representative couldn't see why the line couldn't be on the west
side of the tracks for that 1200 feet.
M.. Sandberg explained how and why the pipeline route was chosen,
stating they try to balance the different concerns; and they believe
they have a defensibJe route. He acknowledged not everyone can be
pleased with whatever route is seJected, and there are many, many
factors to consIder. One of the key factors was that Ms. Kozlowski
wanted the pipeline on the east side and spoke in defense of that
issue at the Planning Commission hearing. He stated the statement from
the Office of Piepline Safety was made without input from MITS and
that it was Just made today.
M.. Sandberg also responded to questions from the Council and
audl ence, noting the pipeline eastment is 30 feet. which will need to
remaIn clearcut. An additIonal 25-foot temporary easement wi I I also
be cut as working space for the proJect. There is no intent to keep
more than the 30-foot width. They are mandated by the Federal
government to maintain a safe pipeline.
M.. Reddington - stated the Office of Pipeline Safety has told hlm
the act which will go into effect next year tells the pIpelines to try
as much as possibJe to stay away from exIstIng houses and develop-
ments. Because It doesn't go into effect next until year, It cannot
Regular City Council Meeting
June 7. 1986 - Minutes
Page 6
(Minnesota Intrastate Transmission Systems Special Use Permit. Cont.)
be applied against MITS at this time. He thought it was awful to come
loll thin 50 feet of someone's home when there's undeveloped land across
the tracks because they can make a deal wi th a landowner. Mr.
Reddington went on to state the Intent of the Office of Pipeline
Safety. when writing this letter. was that It would cause less
hardship on the least number of people i f it were placed on the west
side of the tracks through their area. There are three people on the
east side, only one person on the west; and that person is going to be
compensated by MITS for the easement. He accused MITS of not caring
about what happens to them.
Acting Mayor Orttel noted this Item has already been heard by five
other governmental agencies for the past 12 months, aSking if the
Counc II has the Ll gh t to change the Jocatlon of the line. Attorney
Hawkins advised if there are reasons for changing the locatIon set out
in the ordinance, such as documented safety reasons, the Counc i I can
address them. Mr. Jordan explained the route change is currently
before the DNR and has to be approved by them. He was sure these
concerns wi II be considered and would weJcome any comments by the City
of Andover before making its determination.
Mr. Reddlnaton - stated his wel I would be about 50 feet from the
pipeline and the septic system would be about 150 feet away.
Richard Genoskev. 968 Crosstown - owns the house that will be 50
feet from the line. His well wi I ] be inside of 100 feet from it.
Acting Mayor Orttel thought i f the line went straight, it wou]d be as
c]ose to Ms. Kozlowski's house.
Mr. Reddinaton - agreed, bul 3tated it would be close to only one
house as opposed to three. Acting Mayor Orttel noted it is her
property and she should be able to decide how to use it. Also, the
property on the west side of the tracks Is included in the City's
sewered area; so when It does develop in the future. I t wi I I be into
high-densl ty, 80-foot lots. He fe]t the Counc 11 needs to look to the
future and take that Into consideration as we I I. He asked If the
clear-cutting of 55 feet Is necessary.
M.. Sandberg explaIned the need for that width f or use duLl ng
construction and the 30-foot width tor on-going maintenance and
monitoring. He said the 30-foot width is the very minimal width
needed. The I andowners wi I I be compensated for the 25-foot temporary
easement and will have complete control over the land use once they
are finished. They can typically lay one mile of pipe or dig under a
highway in one day, dependi ng on the weather.
Councilman Elling was concerned about the frost when pipe is laid that
close to houses. He asked how long It would be before the lIne could
be shut down in case of a leak. M.. Sandberg explained if it Is a
Regular City Council Meeting
June 7, 1988 - Minutes
Page 7
(Minnesota Intrastate Transmission Systems Special Use Permi t, Cont.)
smal I leak, they probably would not notice it unless a landowner
complains or there is a discoloration In vegetation. If there is a
catastrophe. a device wi II automatically close the line, explaining
how that device works. One such shut-off value wi I I be located In
Andover at about Crosstown Boulevard.
Councilman Elling was concerned about going through residential areas,
noting future developments along the line wIll be very dense. He
wanted to see that It was shut down quickly If necessary so a lot of
residents are not endangered. M.. Sandberg stated that is their
concern also.
A resident asked what the line Is made out of. M.. Sandberg stated
high-pressed steel. Mr. Genoskey asked what was the worst possible
thing that could happen. M.. Sandberg stated i f for some reason
the pipe opened up, the mixture would get Ignited, In which case his
house would burn. He though t it would be very unlikely the house
would explode.
A resident asked how long the pipe is good for. M.. Sandberg reported
a situation of a pipe being maintained that was in the ground since
1960, and there was no sign of deterioration. This line wi]] also be
monitored and will be kept safe.
A resident asked if the 25 feet of temporary easement is needed again
when the pipe is maintained. M.. Sandberg stated sometimes I t is
needed, depending on where i t Is at and what the sl tuati on Is. That
easement would be compensated for.
Councilman Knight didn't understand why they couldn't continue the
line along the west side of the railroad tracks for another 1200 feet.
He didn't think the cost would be much different, It would be
contributing aesthetical II' to those three residents who are already
there, and It would not be removing a very Important buffer factor for
them. M.. Sandberg didn't think In this instance it was a cost
factor. They have made a lot of changes and have been sensitive to
the input. This was the land they could get. and Ms. Kozlowski spoke
In strong defense of this route at the public hearing. He felt it Is
a defensible route and he didn't think the route Is an issue any
longe..
Ray Sowada, Fire Marshal, stated he talked with Mr. Sandberg about
safety codes, etc. Acting Mayor Orttel asked Mr. Sowada If he had any
traIning or school regarding the location of pipelines to houses, etc.
M.. Sowada stated no.
Acting Mayor Orttel didn't feel he knew enough about pipeline safety
to make a determinatIon on whether 50 feet from a residence
constitutes a hazard. On the west side, it would be Just as close to
Ms. Kozlowski's house. He felt such Boards as the EQB and DNR have
better staffing and are better qualified to address that issue.
Regular City Council Meeti n9
June ì. 1988 - MInutes
Page 8
(Minnesota Intrastate Transmission Systems Special Use Permit, Cont.)
M.. Reddington - again referenced the letter from the Department of
Public Safety which noted the original route passed by the fewest
number of dwellings. The aIternate route increases the number of
dwellIngs in close proximity to the pipelIne. The Office of PipeJlne
Safety prefers the original route. Acting Mayor Orttel argued they
didn't know there wi I I be 30 houses on the other side of the tracks in
the future as opposed to three. He also felt it is understandable
that Ms. Kozlowski would prefer to have the I ine on that useJess strip
of land rather than impact her.
Mr. Reddington - thought MITS was ripping her off and she dIdn't
know it. He said he offered to buy that land from her, but she
asked more than he could afford.
Counci Iman Apel didn't ] ike seeing a]] those oak trees cut down
either. but he dIdn't think the Counc I ] had enough expertise to decide
the routing. He thought MITS did their best regarding safety. and the
Council didn't have a lot of authority regarding routing.
M.. Jordan reviewed the authority of routing prior to the 1987
leglsIative act. noting the new act will give that authority to the
Office of Pipeline Safety beginning next year. He didn't know if the
EQB addressed the issue of proximity to residences. He has not yet
had a chance to talk with anyone at the Office of Pipeline Safety
regarding the comments in their let te.. It is their feeling that they
really have picked the route that has the least Impact overa I I going
through Andover. They wi I I try to convince that office and the DNR of
that. If they fai I, the route wi I J be as it was approved last year.
M.. Reddington - stated he talked with the DNR and was told they are
powerless as far as the routing Is concerned. M.. Reddington said he
was told the on 11' hope left is with the Andover City Council.
A woman asked what wi]1 happen to the trees that will be cut down. Mr.
Sandberg stated it wilJ be handled on a case by case basis. whatever
the landowner wants.
CounclIman Elling stated he would iike the pipe on the west side of
the railroad tracks through this area to save the oak buffer and to
prevent the promotion of oak wilt. He felt any lots that would be
platted along the other sIde would be deeper for an added buffer.
Acting Mayor OrtteJ noted the only Items the Council can address Is
the hea I th , safety. and weJfare issues. And he dIdn't feel the
Counc I I nor staff had enough expertise to address that.
Regular City CounciJ Meeti ng
June 7, 1988 - Minutes
Page 9
(Minnesota Intrastate Transmission Systems Special Use Permit, Cont.)
M.. Genoskev - stated he asked Ms. Kozlowski last night if she had
any obJection to the I ine on the west side of the tracks. She toId
him no if MITS would buy the sIlver of land on the east side as wel I .
Mr. Sandberg stated Ms. Kozlowski spoke very boldy at the publ ic
hearing in favor of the present location. He thought this is not an
issue.
Attorney Hawkins noted there are other agencies looking at this Issue.
If the Counc i I wishes to relocate the line, there must be some basis
for it: and he didn't think there was any expertise Indicating this is
not a safe location. To change It, he thought someone workIng for the
Ci ty must te J J the City I t is not a safe locatIon.
Ms. BoseI I read the conclusions by the EOB dated August 21. 1987.
Bill Breeaaemann. 13677 Narcissus Street - was concerned about the
five-foot frost Jevel and the safety factor, aSking if the pipe is
strong ehough to hold that. Mr. Sandberg explained the pipe is deeper
than the standards and they are going to extremes with this pipeline
regarding safety measures. M.. Jordan stated State stardard requires
that the pipe be 4 1/2 feet underground at road and ditch crossings
and less along the rest of the route.
M.. Genoskev - asked how much of the line is run along railroad
tracks and is 4 1/2 feet deep enough to compensate should there be a
derai Iment. Acting Mayor Orttel said the EOB addressed it and found
no hazards to that effect. Mr. Sandberg stated all but about a mile
and a half of the J ine is along the tracks. They have elected to
exceed that depth requirement.
Mr. Breeaaemann - asked how many 800-pound high-pressure pipeiines
are there in Minnesota. M.. Sandberg stated such gaslines are
designed to operate at 877 pounds and it mal' get to that high at
times. He sa i d i t w I I I not get that high on this Jine because i t is
so far away from the compressor station, and there wi I I never be a
compressor station buIlt on thIs J ine. It wIll be tested to a high
pressure, anticipating that the area wi II become a Class 3 area and
wanting to satisfy the stringent codes and safety provisIons. They
also continuously monitor 660 feet on each side of the pipeline tor
population density increase.
Mr. Reddinaton - realized everyone wil I make it as safe as possible,
but pointed out it wi J I be safe until It blows up. This is a
permanent pipe. specuJating it will bIow up some day. The chance that
it blows up next to anyone In particu]ar Is very remote, but it was
admitted if it happened next toM.. Genoskey's house, it wI I I bIow up.
ActIng Mayor OrtteJ though t Mr. Sandberg had saId it wouJd burn down,
which is a big difference.
Regular City Council Meeting
June 7, 1988 - Minutes
Page 10
(Minnesota Intrastate Transmission Systems Special Use Permit. Cont.)
Counci Iman Apel didn't like to see the trees being taken down,
thinking possibly the DNR can do something about that. He didn't
think the Counc i I had the authority to require the change In route.
But gas Is needed, and he fel t the safety issue has been addressed.
MOTION by Apel. Seconded by Orttel, a Resolution approving a Special
Use Permit requested by Minnesota Intrastate Transmission Systems to
allow placement of a natural gas pipeline on property adJacent to the
Burlington Northern right-of-way from 133rd Avenue to 181st Avenue.
Add Item No. 4 in the WHEREAS, pertaining to the storage of pipe along
side the said route and stipulate that such storage shall not create a
a hazard as to safety for the citizens of Andover; and further that
such storage be conducted for a maximum of 12 months, and that the
site of storage be restored as to vegetation and contours if
applIcable. Also, No. 5, that the pipeline construction be done in
such a manner to minimize to the greatest possible extent the effect
of oak wilt on the adJacent properties.
VOTE ON MOTION: YES-Ape I . Orttel; NO-Elling, Knight
Motion fai led.
MOTION by Ape 1 , Seconded by Orttel, to table this matter until our
next regular scheduled meeting for the fifth Councilmember to be here
and for input from the gentlemen from MITS. Motion carried
unanimously.
CREEKHAVEN PRELIMINARY PLAT
MOTION by Knight, Seconded by Apel. a Resolution approving the
preliminary plat of Creekhaven as being developed by R & B Investments
In Section 33 32 24 as presented. (See Resolution RI01-88) Motion
carried unanimously.
NORTHWESTERN BELL SPECIAL USE PERMIT
MOTION by Knight, Seconded by EI ling, a Resolution approving a
Special Use Permit requested by Northwestern Bell placing a utility
cabinet for telephone equipment on property located at PIN 26 32 24 24
0001, correcting the sketch plan to show 146th Lane. (See Resolution
R102-88) Motion carried unanimously.
WARD LAKE LOT DISCUSSION/D. NELSON
Acting Mayor Orttel summarized the memo from the Dave Almgren,
Bui Iding Official, stated the words 'mottled soil" are in the State
Building Code for septic systems. M.. Almgr~n recal led the 39,000
square feet on the property was not al 1 contiguous.
Regular City CounciJ Meet! ng
June 7, 1988 - Minutes
Page 11
(Ward Jake Lot Discussion/D. Nelson, Continued)
Dick Nelson. 17163 Ward Lake Drive, reviewed the topography map of the
area. He did not want to move the dirt to make it contiguous because
the area Is heaviJy wooded. He asked about having a mound septic
system as an alternative to the 39,000 square feet, which is
recognized by the State of Minnesota.
After reviewing the map with Mr. Almgren and M.. Nelson, it was agreed
M.. Almgren and Mr. Nelson will look at the matter further.
RED OAKS MANOR 5TH ADDITION PRELIMINARY PLAT/CONDEMNATION
Mr. Haas stated the problem with the drainage and grading on the east
side of the plat has been eliminated, as the developer has purchased
the property to the east. Also, a mining permi t wi II be required.
Counc 11 noted the intent stated previous]y by the developer was to
rezone Outlot B to commercIal, but that is not included in the
preliminary plat. The DNR would need to be involved in that should
the developer pursue that matter.
Attorney Hawkins reported the City needs some compensating area for
the relocation of Crosstown Boulevard. The City has proposed giving
credit for the parkland dedication of 5.4 acres for both this plat and
the recently acquired property to the east to meet that compensating
area for the DNR. Since the City is draining into the Jowl and, he
proposed the City acquire the rest of the 10wJand, about 14 acres, at
$1,000 an acre. M.. Menkveld indicated the proposal would be
acceptable but that he wanted $25,000 for the 14 acres.
Counc i I discussed the proposal and counterproposal. It was the
Council's feeling the Intent of the developer was not to sel I Outlot B
to the City because of their future plans for a commercial lot on it.
Acting Mayor Orttel questioned the application of parkland dedication
against the entire 40 acres, thinking it should not be against that
I and that is undevelopabJe. If that 10w]and were excluded, the
parkland dedication would be less, so in turn the City would have to
be acquiring more. Plus there is highland that would be worth more.
He felt those items would Justify more what the developer is asking
versus what the City is offering.
Attorney Hawkins stated Outlot B is included In the 19 acres; and if
the City Is not going to acquire it, the developers must provide
drainage rights or easements over it. If they do get permission to
f i I I and develop the outlot, the City would then vacate those drainage
rights.
Regular City Council Meeti ng
June 7. 1988 - Minutes
Page 12
(Red Oaks Manor 5th Addition Preliminary P1at, Continued)
After further discussion, Counc i I preferred continued negotiation with
the developer but agreed to order the condemnation in the event an
agreement cannot be reached. In either case. the developer should be
able to proceed with the preliminary plat.
MOTION by Knight. Seconded by Apel, a Resolution approving the
preliminary plat of Red Oaks Manor 5th Addition as being developed by
the Menkveld Company In Section 34 32 24, as presented.
DISCUSSION: M.. Menkveld stated the retaining wal I for the east side
was suggested before he purchased the property to the east. Now they
wIll grade and slope It. Mr. Haas also stated they shou]d not do any
grading of Lot 1 , Block 1 untiJ they get approval from the DNR. The
plat has been sent to the DNR for their comments.
Councilman Knight ADDED to the motion: That there be no grading of
the protected wetland until the DNR has approved. Second Stands.
(See Resolution RI03-88) Motion carried unanimous1y.
MOTION by Elling, Seconded by Knight, a Resolution determining the
necessity for and authorizing the acquisition of certain property by
proceeding in eminent domain. as presented. which includes Out lots A,
B, and C as shown on the preliminary plat. (See Resolution RI04-88)
DISCUSSION: Attorney Hawkins advised to eliminate any potential
claims for draining, the condemnation includes all the lowland,
Including Outlot B. Motion carried unanimously.
ORDINANCE 52 AMENDMENT
MOTION by Elling, Seconded by Apel. a Resolution setting fees for
permits, rezonlngs, speclaJ use perml ts, variances, platting, license
fees, sewer user fees, water fees. lot spll ts. rental fees and various
other fees, as presented. (See Resolution RI05-88) Motion carried
unanimously.
ENGLES SPECIAL USE PERMIT
MOTION by Knight, Seconded by EI ling. a Resolution approving a
Special Use permit requested by Gordon Engels to allow a temporary
dock on the Rum River for property located at PIN 13 32 25 42 0003.
(See Resolution RI06-88) Motion carried unanimously.
Counc i I recessed at 9:59; reconvened at 10:04 p.m.
Regular City Council Meeting
June 7, 1988 - Minutes
Page 13
LUND'S EVERGREEN ESTATES 5TH ADDITION MSA DISCUSSION
ML Schrantz briefly discussed the matter of Jim Lund wanting to
develop Lund's Evergreen Estates 5th Addition but the CI ty has
recently designated 168th Lane as an MSA street. To do that, M.. Lund
would have to redraw the pJat to provide 66 feet of right of way and
straighten out a section of 168th Lane.
Because i t is a policy decision, the Counc II agreed to discuss it at
the June 14 work session and when a full Counc i I is present.
DECLARE ADEQUACY OF PETITION/DEHN'S ADDITION
MOTION by Ape I, Seconded by Knight, a Resolution declaring adequacy
of petition and ordering preparation of a feasibility report for the
improvements of street construction, Project No. 88-18, in the Dehn's
1st and 2nd Additions and Johnson's Oakmount Terrace along 145th
Avenue area. (See Resolution RI07-88) Motion carried unanimously.
APPROVE PURCHASE AGREEMENTS
After reviewing the site plan for the proposed car wash, the following
motion was made:
MOTION by Elling, Seconded by Apel. that we authorize the Mayor and
City Clerk to sign the purchase agreement as presented with Kent
Roessler for Lot 1 . Block 2 of the Commercial Park for $31,135 plus
sewer and water connection charges. Motion carried unanimously.
HRA MEETING
MOTION by Knight, Seconded by Apel, to call a meeting of the Andover
Housing and Redevelopment Authority. Motion carried unanimousJy.
At this time the Counci I held a Housing and Redevelopment Authority
meeting. 10:13 p.m. The Counc i ] meeting reconvened at 10:14 p.m.
AWARD BID/159TH AVENUE CULVERT
Counc I J thought $20,000 was expensive to replace a culvert, asking
where the funds wi] I come from and whether it should be an assessment
proJect. Because it Is a policy decision, it was agreed to table the
item to a session and when a ful I Counc I 1 Is available.
MOTION by Apel, Seconded by EI ling, to table this discussion item to
the work session In July. Motion carried unanimously.
Regular City Council Meeting
June 7, 1988 - Minutes
Page 14
WOODLAND CREEK GOLF COURSE PERMIT
MOTION by Knight, Seconded by Elling, that the staff compile a
letter stating that the Counc i I is in agreement with the agreement
reached with Woodland and the U.S. Environmental Protection Agency.
Motion carried unanimously.
COMMERCIAL PARK/PROTECTION COVENANTS
MOTION by Knight, Seconded by EI ling, that we approve the
Declaration of covenants, conditions, restrictions and reservations
for Andover Commercial Park according to the map or plat thereof on
file and of record in the Office of the County Recorder, Anoka County,
Minnesota, as presented tonight. Motion carried unanimously.
RESOLUTION ACCEPTING WORK/OAK BLUFF 1ST
M.. Schrantz stated the work is not quite done to his satisfaction.
There Is the cleaning of the pipe and the topsoil along the
boulevards; however, the developer is unwilling to provide the
easements for the utility proJect until this matter Is resolved.
Attorney Hawkins stated the developer is willing to give the easements
across four lots for free if an agreement can be reached on finalizing
the plat.
M.. Schrantz explained the developer has said the property owners wil I
do the boulevards; but not all of them are finished. p I us the lots
that are not build on are eroding. There mal' not be a problem if the
homeowners do the boulevards. Then the only concern Is the bituminous
flume, which he estimated would cost about $1,000. M.. Haas stated
the flume keeps eroding away. and the developer has fixed it three
times already. There Is no monel' in escrow.
Acting Mayor Orttel noted the problem is the sewer and water proJect
must be completed by August 1 , the line must go through this property,
and there is no time to condemn It. Counc il discussion noted the cost
of the easements is about equal to the work remaining on the plat.
Councilman Elling asked if the flume is the City's design. M..
Schrantz stated the City approved their desIgn. CouncIlman EI ling
felt I f i twas bu i 1 t to the City's standard and it does not work, It
is the City's problem, not the developer's.
MOTION by Ape 1 , Seconded by Knight, a Resolution approving the final
grading and street construction of Oak Bluff 1st Phase subdivision as
being developed by Nedegaard Construction and Delserve, Inc., in the
North 1/2 of NW 1/4 of Section 26 32 24 as presented. subJect to
receiving easements for the sewer proJect going on in the area. (See
Resolution RI08-88) Motion carried unanimously.
Regular City Council Meeting
June 7, 1988 - MInutes
Page 15
KENSINGTON ESTATES III FINAL PLAT
MOTION by Ape I, Seconded by Knight, a ResoJution approving the FinaJ
Plat of Kensington Estates as being developed by Jerry and CaroJ
Windschitl In Section 27. Township 32, Range 24, as presented. (See
Resolution RI09-88) Motion carried on a 3-Yes, I-Present (EI ling)
vote.
ORTTEL LOT SPLIT
Acting Mayor Orttel requested tabling this item to the next regular
meeting. Counc i I agreed.
TONS ON TIRES
Fire Chief Bob Palmer showed photographs of the area which seemed to
indicate there are more tires on the site now then there was before.
He stated no shredded tires are leaving the sIte because the loader is
broke down.
d'Arcy Bosel I, Zoning Administrator, reviewed her June 7 memo
regardIng her inspectIon of the sIte on June 3. She estimated
approxImately one-fourth of the tires have been removed from the sIte:
however, accordIng to the State, substantIaJIy more than that has been
removed. Two grids have been completely cleared and the third grid is
three to four days away from beIng completed. She explained Tonson
cul]s tires from other areas. but they on1y get paid for the
Increments that they need to fInish. One of the problems Ms. Bosel I
saw was the considerable amount of oversized tires that have
accumulated along the perimeter of Site 2 and along the 33-foot
easement along the east side of the property.
Ceci I Heidelberaer - stated tires are not cul1ed out of the o]d pile
at a1 J , only cuI ling out of the fresh tires that come In. Ms. Bosell
disputed that, stating she has seen it herseJf on the site.
M.. Schrantz stated he was on the site for the first time Jast week
and observed there Is no way to secure the boundaries to prevent
unwanted deposits from occurring. He noted there Is also a ]argepile
of tires accumulating at Andover Auto Parts
Counc i I discussed what is taking place there and what course of action
should be taken. They were also disturbed about the biocked fire
lanes and the tires accumulating at Andover Auto Parts and behind M.
R. Olson's. Counc i ] suggested Ms. Bosell notify any property owners
where tIres are accumulating by regIstered mal} to have those ti res
removed within five days. Ms. Bosell requested the Council visit the
site.
Regular City Council Meeting
June 7, 1988 - MInutes
Page 16
(Tonson Tires, Continued)
M.. Heldelberaer - said the State of Minnesota has said they are
going to close him down because his payroll tax is not paid. He
thought it was Waste Management that was In control of tI res, not the
City. He said Tonson keeps hauling tires in and has about 100.000
tires in the front: but when he owned it, he couldn't have any tires
in the front end. He asked about Tonson's Ilsence, thinking it was
past due.
Counc i I noted Tonson was licensed the first of the year; the County's
license is July 1. It was agreed to discuss this again at the next
meeting on June 21. also asking for current information from the
State, County, Deputy reports, permitted hours of operation, etc.. on
this matte.. A suggestion was also to inspect the site on a weekly
basis.
MOTION by Ape I . Seconded by Orttel, that we table this until the
next regular meeting. Motion carried unanimously.
FIRE DEPARTMENT/HOUSE BURN
MOTION by EI ling, Seconded by Knight. that we authorize the Fire
Department to burn the house at 2732 Bunker Lake Bouievard. Motion
carried unanimously.
RENEW KENNEL LICENSE/P. PR lOR
MOTION by Knight. Seconded by Apel, to renew the Kennel License for
Penny Lane Cairns, owned by Penelope Prior. ( 17041 Crocus Street NW)
Motion carried unanimously.
BUILDING INSPECTOR
Building Official Dave Almgren recommended the hiring of Donald Olson
at a beginning wage of $11.25 an hour, with an increase to $11.75 per
hour at the end of a satisfactory 6-month probationary period.
MOTION by Elling. Seconded by Knight, that we authorize the hiring
of Mr. Donald Olson for a starting salary of $11.25 per hour for the
first six months in the Building Department as a Building Inspector.
Motion carried unanimously.
ASSESSMENT ABATEMENTS
MOTION by Knight, Seconded by Ape], to abatement the special
assessments on the Conroy property, PIN 33 32 24 11 0018. Motion
carried unanimously.
Regular City Councl] Meeti ng
June 7. 1988 - Minutes
Page 17
MOTION by KnIght. Seconded by Apel. to abate the special assessments
on the tax forfeit parcel in the Russel-Stack AdditIon. PIN 12 32 25
34 0027. Motion carried unanimously. Counc i 1 noted the assessments
should be included In the cost when the lot is sold.
ORDER PLANS & SPECS/NORTHWOODS TENNIS COURT
MOTION by Knight. Seconded by Ell ing, to order the plans and specs
for the Northwoods Tennis Court. funds for any construction to come
from the Park Budget. Motion carried unanimously.
NON-DISCUSSION ITEMS
John ROdeberg, TKDA, asked to delete final payment for ProJect 87-6.
MOTION by ApeJ, Seconded by Elling, that we approve the items as
follows: 7b, 7e, 7t, 7g, 7h. 71, 7j. 71, and 7m as presented,
removing the 87-6 proJect. (See the fol lowing Resolutions:
RI10-88: Award Bid,'Water and Sewer, 14500 Round Lake Boulevard,'
88-4
Rlll-88: Award Bid,'Kenslngton Estates East/88-6
Rl12-88: Award Bld,'Brandon's Lake View Estates/88-7
RI13-88: No Parking/Tulip from CRd 20 to 161st Ave
Award bid for grading of Oak Bluff to North Pine Aggregate for
$4,050
R114-88: Final Plat/Brandon's Lakeview Estates
Right of Way Acquisitions for ProJect 87-11, 87-7, and 88-1 per
Attorney's Jetters of Mal' 11, Mal' 23, and Mal' 25, 1988
R115-88: Receive Feasibility/Order Public Hearing/Universlty/
88-15 (set for July 5 by subsequent motion)
R116-88: Accept Work/Final Payment/164th Lane east of Round Lake
Boulevard,'88-7
Rl17-88: Accept Work/Final Payment/NightIngale Estates/86-12
Rl18-88: Accept Work/Final Payment/Hi I Is of Bunker Lake Phase 1/
87-2
R119-88: Approve Plans & Specs/Oak Bluff 2nd,'87-21
RI20-88: Approve Plans & Specs/Tulip Street/88-9
R121-88: Approve Plans & Specs/UniversIty Ave/88-10
R122-88: ReceIve FeasIbility Report/Creekhaven/88-13
R123-88: Receive FeaslbiJity Report/Old Colony Estates/88-8
Motion carried unanimously.
DEC~RE ADEQUACY OF PETITION/UPLANDER
MOTION by Elling, Seconded by Apel, a Resolution del caring adequacy
of petition and ordering preparation of a feasibility report for the
improvements of street construction, Project No. 88-14 in the Uplander
Street south of 161st Avenue area. (See Resolution R124-88) Motion
carried unanimously.
Regular City Council Meeting
June 7, 1988 - Minutes
Page 18
APPROVE JOINT POWERS AGREEMENT/HAM LAKE
MOTION by ApeJ, Seconded by Knight, that we approve the Joint Powers
Agreement since Bill (Hawkins) has revIewed It. Moti on carL i ed
unanimously.
PUBLIC HEARING DATE/88-10/UNIVERSITY AVENUE
MOTION by El ling, Seconded by Apel, to set the date of the public
hearing for University Avenue for July 5. Motion carried unanimously.
STAFF/COMMITTEE/COMMISSIONS
MOTION by Knight, Seconded by E11ing, to move the following to the
work session on Tuesday: 6a, Handout Discussion with Administrator:
6c, Park Board/Approve Expenditure for Comprehensive Plan. Motion
carried unanimousJy.
CHANGE ORDER/PROJECT 87-27
Mr. Schrantz explained Woodland has a contractor that has bid good
prices, and they would like to do the next addition with a change
order rather than biddIng again. Mr. Rodeberg explained it would be
48 Jots in the next phase done by change order of approximately
$125,000. S. J. Louis would Just do the utiJities, which would not go
over the 25 percent J Imi t: then bid out the streets separately.
Attorney Hawkins felt the only problem Is that amount will not be
included in July 5 bond issue sale. He suggested possibly there will
be another bond Issue in the fa I I for other proJects.
MOTION by Apel, Seconded by OrtteJ, that we authorize the Change
Order as recommended by our Engineers in vIew of the fact that they
claim that this has to be done and It will save a significant amount
of monel': ProJect 87-27 in the amount of $125,000. Moti on carr i ed
unanimously.
APPROVAL OF CLAIMS
MOTION by Apel, Seconded by Knight, that we approve the vouchers
from Number 14638 to 14739 In the amount of $934,906.72. Motion
carried unanimously.
MOTION by Knight, Seconded by Apel, to adJourn. Motion carried
unanimousJy. Meeting was adJourned at 11:17 p.m.
Counc i J agreed to ca I I a work session for June 14.
Respectfully submitted,
~\)~"-~~- ~L
Marc ~la A. Peach, Recording Secretary