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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 5, 2005
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
ProcIamationINational Night Out 2005 - Sheriff's Office
Agenda Approval
1. Approval of Minutes (June 21, 2005)
Consent Items
2. Approve Payment of Claims -Finance
3. Approve Quote/05-29/14355 Crosstown Boulevard NW/SS & WM -Engineering
4. Award Bid/05-13/City Hall HV AC Replacement, Cont. - Engineering
5. Amend Fee Schedule Ordinance - Clerk
6. Approve Internal LoanffIF District - Finance
7. Approve Change Order #7/Community Center - Finance
8. Accept Feasibility ReportlWaive Public Hearing/Order Plans & Specs/05-39/Andover Station North
Streets Serving Lots 2-5, Block 3 - Engineering
Discussion Items
9. Accept Feasibility ReportlWaive Public Hearing/Approve Plans & Specs/05-34/Bluebird Street NW &
Hanson Boulevard NW/Intersection Improvements - Engineering
10. Consider Various Code Revisions (Part 3) - Planning
11. Discuss Transitional Commercial/Industrial Land Use - Planning/Attorney
Staff Items
12. Schedule EDA Meeting - Administration
13. Schedule July Workshop - Administration
14. Administrator Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 14
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 5, 2005
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM. ............................... ........... ..................... .................................... ........... ...1
PROCLAMA TIONINA TIONAL NIGHT OUT 200S ................................................................1
AGENDA APPROVAL .... ......... .............. ..... ............. .............. ........ ...................... ................ ....1
APPROVAL OF MINUTES.......................................................................................................2
CONSENT ITEMS
Approve Payment of Claims....................... ....... ................. .................................. ........ ........2
Approve Andover Boulevard Easements ............................... ..... ........ .................... ..............2
Amend Fee Schedule Ordinance (Ord. No. 312)..................................................................2
Resolution R121-0S approving Internal Loan/TIF District ..................................................2
Approve Change Order #7/Community Center ....................................................................2
Resolution RI22-0S accepting Feasibility Report/Waive Public Hearing/Order Plans
And Specs/OS-39/Andover Station North Streets Serving Lots 2-S, Block 3..................2
ACCEPT FEASffiILITY RPOERT/W AIVE PUBLIC HEARING/ORDER PLANS &
SPECS/OS-34/BLUEBIRD STREET NW & HANSON BOULEVARD NW /
INTERSECTION IMPROVEMENTS
Motion to approve (Res. RI23-0S) ........................................................................................2
CONSIDER VARIOUS CODE REVISIONS (PART 3) ...........................................................3
DISCUSS TRANSITIONAL COMMERCIALIlNDUSTRlAL LAND USE
Motion failed to direct staff ...................................................................................................8
Motion withdrawn to request public hearing.........................................................................10
APPROVE QUOTE/OS-29/143SS CROSSTOWN BOULEVARD NW/SS & WM
Motion withdrawn to approve ...............................................................................................10
SCHEDULE EDA MEETING ...................................................................................................12
SCHEDULE JULY WORKSHOP .............................................................................................12
ADMINISTRATORS REPORT .................................................................................................12
MAYOR/COUNCIL INPUT
House on Andover Boulevard by Railroad Tracks ................................................................12
Train Whistle Update......... ................. ..... ............................... ................... ..... ......... ........... ...12
Fun Fest Council Booth .........................................................................................................13
ADJOURNMENT ..... ................. ............... ........... ............ ....... ............. .......... .......................... ..13
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CITY OF
NDOVE
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 5, 2005
MINUTES
The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, July 5, 2005, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Mr. Winslow Holasek - wondered if there have been any problems or complaints regarding the
fIreworks because there have been pretty loud fireworks going off late at night. He indicated he did
not mind them earlier in the evening but he has been disturbed by them around 3:00 am. Mr..
Dickinson stated they have had relatively low complaints. The Council suggested they get a
Sheriff s report regarding this at the next meeting.
PROCLAMATION/NATIONAL NIGHT OUT 2005
Ms. Laura Landes from the Sheriff s Department made a presentation to the City Council.
Mayor Gamache read a proclamation declaring August 2,2005 National Night Out in 2005.
AGENDA APPROVAL
Add Item lla, (Approve Andover Boulevard Easement), changed to Item 3 in the Consent Agenda.
Remove Item 4 from the Consent Agenda. Remove from Consent Items for discussion Item 3,
(Approve Quote/05-29114355 Crosstown Boulevard NW/SS & WM), changed to Item lla in
Discussion Items.
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 2
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
June 21, 2005, Regular Meeting: Correct as written.
Councilmember Trude stated on page three there was a motion of a lot split contingent on the lot
being combined with the other parcel and she would like it to read "combined with the adjacent
parcel to its north".
Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Jacobson).
CONSENT ITEMS
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Item 2
Item 3
Item 5
Item 6
Item 7
Item 8
Approval of Claims
Approve Andover Boulevard Easements
Amend Fee Schedule Ordinance (Ord. 312)
Approve Internal LoanfflF District (See Resolution RI21-0S)
Approve Change Order #7/Community Center
Accept Feasibility Report!Waive Public Hearing/Order Plans & Specs/05-
39/Andover Station North Streets Serving Lots 2-S, Block 3 (See Resolution R122-
OS)
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
ACCEPT FEASIBILITY REPORTIW AIVE PUBLIC HEARING/ORDER PLANS & SPECS/05-
34/BLUEBIRD STREET NW & HANSON BOULEVARD NW/INTERSECTION
IMPROVEMENTS
City Engineer Berkowitz explained the City Council is requested to accept the feasibility report,
waive the public hearing and order the plans and specifications for intersection improvements at
Bluebird Street NW & Hanson Boulevard NW, Project OS-34.
/ Mr. Berkowitz discussed the staffreport with the Council.
Councilmember Jacobson stated his concern with the Hamilton letter is the cover letter is signed but
the standard letter of credit has a lot of blanks in it. He was wondering if this is sufficient and legal
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 3
to pass through and assume this is ok. City Attorney Hawkins stated he would review this during
discussion.
Mr. Dickinson stated he discussed this with the Attorney for the Hamilton's earlier today and what is
attached is a sample form of an irrevocable letter of credit with some language which could be used
to describe their involvement with the Hamilton's and their trust which is fine. Some of the other
additional information identified in the Letter of Credit is a little more extensive Letter of Credit than
what this is so he believed what they provided is a good Letter of Credit sample but they will actually
have something that is a little bit more stringent than what is provided but he did see this as
acceptable.
City Attorney Hawkins stated he did not have a problem with the way this is being handled and
waiving the public hearing. He indicated this is authorized under 429 and they will have a
development agreement with the people involved including the waiver language in there.
Councilmember Trude asked for review of the process and what step they are in now. Mr. Berkowitz
stated where they are at tonight is to order the improvement. Once the improvement is ordered they
will go into the design stage and will work closely with the County to make sure the requirements are
met as part of this design.
Motion by Trude, Seconded by Knight, to approve the resolution accepting the feasibility report,
waiving the public hearing and ordering the plans and specifications for intersection improvements at
Bluebird Street NW & Hanson Boulevard NW, Project OS-34. Motion carried 4 ayes, 1 nay (Orttel).
(Res. RI23-0S)
Mr. Berkowitz showed on the aerial map the area on Hanson Boulevard that will be improved.
Councilmember Trude wondered if the school access on Hanson Boulevard will have a right-
in/right-out entrance only. Mr. Berkowitz stated that is correct and showed how the traffic will flow.
He indicated the School District is working closely with the County on the improvements.
CONSIDER VARIOUS CODE REVISIONS (PART 3)
Community Development Director Neumeister stated the Council is asked to continue working
through the proposed amendments.
Mr. Neumeister discussed the staff report with the City Council.
Revision 7
Council member Trude wondered if this item was reviewed at the last meeting. Mr. Neumeister
stated it was added and was not in the packet at the last meeting.
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 4
Councilmember Trude stated in the Lot Width Definition, she wondered it they should change this if
it is working. She wondered where the cul-de-sac lot width measurement comes in because they
only see that referenced in cases where they are measuring the average. Councilmember Orttel stated
when it says within the fIrst thirty feet, he thought this always meant the setback line. Mr.
Neumeister stated he was anticipating that at some point they may change the front setback and that
may be the only reason to reword this section. He stated along the County road the setback is
greater.
Councilmember Orttel did not think it would affect that many lots but it will simplify it. Mr.
Neumeister thought this was higWighted by the City Planner because there are discrepancies in
where they measure from so he wanted to find a way to go with the setback line as to where it is
measured.
Councilmember Trude wondered what the specific examples of the problems were. She thought the
example is where the line is located. Mr. Neumeister stated that is correct. He stated they have tried
to clean up some of the sections for ambiguity. He thought they will be measuring at forty feet on a
County road from the edge of the road easement and on local streets they are looking at measuring
thirty feet from the edge of the road easement or road dedication.
Councilmember Trude stated she is seeing on plats where cul-de-sacs are measured and it is
different. Mr. Neumeister stated it is measured at the setback.
PUD Changes
Councilmember Knight asked for clarification on page 10, 13-3-10 and 13-3-11 (c). He wondered
what a minor change is. Mr. Neumeister believed it is ajudgment call as to what they think that is
when that was written. At staff level, if someone wanted to make a change in plant material, or if
they wanted to change the siding color, something that is so incidental that it will not create any
controversy whatsoever; however if it is a change that is going to be minor, such as building
placement, style of roof, the amount of materials that are changing, if it is going to be a substantial
enough change, then they will bring it back for a PUD amendment.
Councilmember Orttel did not have a problem with staff doing this but he did have a problem with
perception and it appears to be subjective. They may be called on the carpet someday for something
that appeared to be minor but was major to somebody. He thought it would be a good idea to limit it
by category.
Councilmember Trude stated it could be a situation where having a definition helps staff defend a
situation where the developer is putting a lot of pressure on them.
,J Mr. Neumeister indicated 13- 3-11 (c) states whenever a PUD is brought before the Council, they are
supposed to demonstrate items A-H as to how they will provide these types of qualities in their
development so in Item C it says "provide a buffer between different uses adjacent properties,
roadways, between backyards of back to back lots." So if some of those situations exist where it is a
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page S
new land use or it is a land use that needs to be buffered, they need to show how they are going to do
that in their development. He thought this was a good provision and it gives them a lot of flexibility.
Councilmember Jacobson stated in 13-3-9, regarding findings required, in order for a PUD to be
approved, the City "Shall". He did not like that word and would like the word "Must" be inserted to
read "the City must fmd..." because he thought "shall" is different than "must".
Mr. Neumeister asked the City Attorney for his opinion. Councilmember Trude thought "Shall" and
"Must" are equivalent. City Attorney Hawkins thought "Shall" was used more in legal documents
than "Must".
The majority of the Council thought "Shall" should be left in the wording.
Revision 13
The Council thought the changes looked all right.
Revision 16
Councilmember Trude thought Andover Station North was all General Business and they do not
want to change the zoning definition while they are in the middle of marketing.
Revisions 21 & 23
Councilmember Orttel thought under "B", where it actually defmes buildable lot, he was concerned
that might be extended to imply that makes the lot buildable when they are only talking about the
configuration and area and not the elevations and that type of thing. It looks like it hasn't come up
before but could this be an issue. Mr. Neumeister stated they would still have to meet buildability.
Revision 22
Councilmember Jacobson asked regarding the access drive, is there some reason why twenty feet is a
magic number. Mr. Neumeister stated the Fire Code demands a twenty foot minimum paved surface.
Councilmember Orttel asked if an access drive is a driveway. Councilmember Jacobson thought it
was anything over three hundred feet from the street then they have to have a twenty foot paved
driveway.
Mr. Neumeister stated they will look into this and bring the information back for the Council.
Revision 24
Councilmember Jacobson stated on 12-S-3, "Setbacks Adjacent to Residential Areas", one thing they
have talked about in their planning session is when they butt up a business area to a residential
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Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 6
district, according to this, the minimum building setback shall be thirty-five feet from the residential
district. He did think thirty-five feet to have a business from a house was enough. . He thought they
needed to have something more than that because it was awfully close. Mayor Gamache thought if
they moved it back further, they would run into a situation where it could be non-conforming.
Council member Knight stated if they had a larger setback, it could make a lot unbuildable.
Councilmember Jacobson thought if there was empty land with an established residential area, they
should take into consideration the rights of the homeowner.
Councilmember Trude wondered which lot line they would consider. Councilmember Jacobson
thought it would be the area abutting the residential property line. Mr. Neumeister stated they have a
number of existing buildings that if they make this greater than what they have, will make the
buildings non-conforming.
Councilmember Jacobson thought this would apply to future development.
The Council discussed the businesses that would be non-conforming if they increased the distance.
,j Councilmember Trude thought they could use more buffering instead along with limiting the size of
the buildings.
Councilmember Trude thought they should discuss this further at a planning session meeting.
The Council discussed the setbacks for churches and schools.
Revisions 25. 26. 27. 28 & 31
Councilmember Trude stated on page 27, number 2, "Terraces, Steps..." this is talking about how
close things can go in the setback. She stated some homes have a step right off the driveway. She
was confused why there cannot be a step as close as could occur on a hilly lot. Councilmember
Orttel explained a step cannot come down less than one foot from a driveway. He did not know why
that is.
Councilmember Jacobson stated on page 28, under "D", Quasi-public structures", it says, no quasi-
public structure shall be located within the right-of-way except by permit and it is listed "utility
structures and enclosures". He thought of all the cable television pods sitting in the right-of-way, the
telephone boxes, gas company lines in the right-of-way. Mr. Dickinson stated these are all permitted
by the right-of-way management program.
Councilmember Jacobson stated it indicates there has to be a permit issued by the governing
committee and he questioned if they have to be permitted or not. Mr. Berkowitz stated through the
right-of-way management program they do submit that with the location oftheir utility boxes.
Revision 30
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 7
Councilmember Jacobson thought in some of the small areas with wetlands, which do have some
stub streets, they may not want to have the house setback because there may be a future road, which
probably never will be but he thought they need to use some reason there. The second line should
read "Shall be required to be setback which could accommodate..." which makes more sense and
gives them more latitude. .
Revision 32
Councilmember Trude wondered where this section went to if they deleted it. Mayor Gamache
stated it went to Revision 16.
Councilmember Trude wondered if they were missing some things because they went from an entire
page of things they do not want to see to a paragraph of definition. Mr. Neumeister thought there is a
definition that is in Revision 16. Councilmember Trude stated this does not encompass what was in
old "E". Mr. Neumeister thought some of those things were included in the uses table as Conditional
Uses.
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The Council discussed what should be included in the Code.
Revision 34
Councilmember Orttel thought there was a loop hole that was found and he did not know how this
would be treated.
Councilmember Trude had a question on setbacks for accessory structures on side yards for corner
lots. If they have a cul-de-sac and as you enter the cul-de-sac, the driveways are not actually on the
cul-de-sac at the corners so they can place a shed at the front of the neighbor's house and she thought
this looked awful and devalues the entire neighborhood and she did not know if the code prevented
this.
Councilmember Trude thought if they had an accessory building or shed located in the yard adjacent
to a City street, it should have a minimum setback offorty feet from the property line in R-l and R-2
and thirty-five feet in R-3 and R-4 Districts.
Revision 36
Councilmember Jacobson asked what if he wanted to do the whole structure in stuff he built his
house with but that is not allowing him to do this the way he reads it. It says two sides have to be
similar and comparable but they cannot be the same. He did not think that was what was intended.
\ / Councilmember Knight stated it says compatible, not comparable.
Councilmember Orttel thought this could mean it could be identical. Councilmember Trude thought
they could say "The accessory structure should have siding that matches the home".
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 8
Revision 37
Councilmember Jacobson stated on page 40, under "c" Private Garages, he thought they have a lot
of garages in their City that use the garage for business storage. He stated he is not necessarily
against having them used for storage of product but he did not want the garage used for business.
Councilmember Jacobson stated the way this is written you cannot use the garage for any form of
business use. Councilmember Orttel stated it has always been this way and if they have a problem,
they can refer to this.
Councilmember Jacobson thought this should be fixed. Councilmember Orttel stated it has not been
a problem so far so he would like to leave it the way it is.
Councilmember Trude thought they could have staff look at this.
Revision 38
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Councilmember Trude stated one word should be added to this revision. Under "A" on page 43, use
the word "new" under materials. Councilmember Jacobson asked if recycled plastic was considered
new. Councilmember Orttel wondered about brick or stone.
Revisions 39 & 40
The Council thought these looked fme.
DISCUSS TRANSITIONAL COMMERCIAL/INDUSTRlAL LAND USE
Community Development Director Neumeister stated at a recent Council meeting, the City staff
presented information related to how the Transitional Commercial Industrial land use designation
was put on the City's Comprehensive Land Use Plan. There are four locations in Andover that have
the "Transitional CommerciallIndustrialland use designation".
Mr. Neumeister discussed the staff report with the Council.
Councilmember Jacobson asked if they want to remove or change all of them, does it then require a
public hearing to do that. City Attorney Hawkins stated it is an amendment to the Comprehensive
Plan and would require a public hearing.
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City Attorney Hawkins stated this is a confusing definition and needs to be tightened up a little bit.
Councilmember Orttel wondered if they have a right to contract zone on any of these. City Attorney
Hawkins thought that should be put in the definition specifically.
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Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 9
Councilmember Orttel stated he is a little reluctant to throw out four ofthese. He thought the one
that brought the issue forward has probably taken care of itself.
Councilmember Knight stated he would be in favor of removing the category.
The Council discussed other areas in the City that were designated Transitional
CommerciallIndustrial.
Councilmember Jacobson wondered if they should have a public hearing to change the Compo Plan
to eliminate the Bunker and Crooked Lake designation because that is sold, eliminate 161 st because it
is sold, and then to change the designation on the other two to just commercial with possibility of
contract zoning.
Councilmember Trude stated the last time they did a big change in zoning, they had a study done.
Councilmember Jacobson stated the fact is two of them are already gone.
Motion by Jacobson, Seconded by Knight, to direct the Planning Commission to hold a Public
Hearing to change the Comprehensive Plan with the suggestion to eliminate the provision for the
transitional zone at Bunker Lake Boulevard and Crooked Lake Boulevard and Crosstown and 161 st
and to change the designation on the two remaining from CommerciallIndustrial to strictly
Commercial and to allow the City to provide contract zoning for those two areas if needed.
Councilmember Trude wondered what the zoning should be changed to. Councilmember Jacobson
thought it would be better than what the underlying is. Councilmember Trude stated this gives the
property owner rights to seek that zoning and put that zoning in. She thought they need to discuss
more what category they want to put these into. Councilmember Jacobson thought the area where
the church is could be commercial that would be retail. He stated at Crosstown and 161 st, he could
see a convenience store or gas station. Mayor Gamache stated two of these would remain transitional
commercial. Councilmember Trude thought they should look at the definition to make sure they are
not making it worse. She stated if they are going to hold the public hearing, they want to move it to
the right category.
Councilmember Orttel stated what is important is they will have the ability to use contract zoning
when they came in for whatever the zone is.
Mr. Neumeister stated they will need to be as specific as possible and if they are going to have
limited commercial there then they need to say that.
Councilmember Trude thought maybe limited business use would work in these areas.
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Councilmember Jacobson stated it was his understanding that these are just overlays on the existing
zoning. Councilmember Trude stated this guides the future zoning. Mr. Neumeister stated this is
correct.
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Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 10
Councilmember Trude thought they should send this to the Planning Commission for a public
hearing for Comprehensive Land Use designation of the properties with consideration of changing,
removing, or clarifYing the property's future land use.
Councilmember Knight removed his second from the motion.
The Motion failed for lack of second.
Motion by Trude to request a public hearing at the Planning Commission with public notice to
consider amending the Comprehensive Land Use Plan for the sites that are currently zoned
transitional, industrial and commercial, to remove, change or modifY to another use because times
and conditions have changed enough to warrant a change to the classification.
Councilmember Trude withdrew her motion in order for an in-house study to be done.
Staff indicated they would look into the wording and bring it back to the Council.
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APPROVE QUOTE/05-29/14355 CROSSTOWN BOULEVARD NW/SS & WM
City Engineer Berkowitz explained this item is in regard to quotes for Project 05-29, 14355
Crosstown Boulevard NW for sanitary sewer and water main. Quotes were received on June 30,
2005 for 14355 Crosstown Boulevard NW. Quote forms were sent out to three separate contractors
that handle directional drilling.
Councilmember Orttel stepped down for reasons on conflict of interest.
Motion by Jacobson, Seconded by Knight, to approve quotes and award the work to Mincom Utility
Construction Co., Inc. in the amount of$22,105.00 for Project 05-29,14355 Crosstown Boulevard
NW for sanitary sewer and water main.
Mr. Orttel stated there is one issue that he has to speak about. He stated when he asked for the lot
split, it was approved subject to his paying $25,000.00 to correct the mistake that was made in the
past which was bringing sewer and water service to the property. He agreed to do that but then the
next issue that came up was the feasibility report and they were going to go out and get a quote for
the improvements. He thought it was two days before the meeting he got a call from staff who said
that in addition to the $25,000 they now want to assess him another $12,000 for improvements. He
wondered where in the City assessment policy it says a person pays both their own construction costs
and an assessment and he would like to see a precedent where this has been done elsewhere in the
City.
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Mr. Orttel stated that someone made a huge mistake back when the sewer project went in. For
$400.00 they could have put in a sewer service. They did not and now it is costing him $27,000 or
so. The issue is that there is a trunk line in the ground that is not accessible and so they have never
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 11
provided lateral service to this lot. He has to provide it by going down through a manhole and he
agreed to do that. Their theory is that now that he has sewer and water, they are going to assess him
for it. He did not understand the logic of this. He stated there are other issues he has regarding this.
One is with the quote that came in. The quote is from the same person who came out to his property
to give him a quote and he was told that this person did not do that type of work and that is who the
City went to for the quote and who the quote came back from.
Councilmember Orttel stated either you are the developer where you pay all of the construction costs
and the City puts in the trunk, you pay the construction cost and put all of the improvements in and
you have the right to hook up to those improvements or you are treated as a resident and you pay an
assessment for City sewer and water and the City puts it to your property line. He indicated he will
do this anyway the City wants him to do it but he will not do both. He indicated he would waive his
right to challenge the amount he was given and he will accept the quote but he will not waive his
right to appeal the fact that he will be assessed after he pays all this money to put the lateral service
into his property. He indicated he wanted this done publicly because he is on the City Council.
Mr. Orttel thought this should be referred to the City Attorney. He has not talked to Mr. Dickinson
and he was not in the position to talk to him. He came to answer questions and issues raised by the
City Engineer and Mr. Todd Haas.
Mr. Orttel stated when this is all done, he has already paid the area charges for sewer and water in the
price of the lot and they are up around $40,000 for sewer and water on this property and a typical
house pays ten to twelve thousand. Mr. Haas stated there was somebody on Round Lake Boulevard
that was charged to run a pipe under Round Lake Boulevard to serve water to his property and that is
what they were using as a precedent to this but he thought it was unrelated. He was asking how he
should proceed.
Councilmember Jacobson stated in addition to the bid of $22,000 is staff asking for an additional
$27.000 on top ofthat. Mr. Orttel thought when they added the fees of the City onto this it goes up
to $25,000 or $27,000.
Councilmember Jacobson asked what the total cost is to put in sewer and water. Mr. Orttel indicated
it is about $27,000. Councilmember Jacobson asked how Mr. Orttel came up with $40,000. Mr.
Orttel stated there are area charges. Councilmember Jacobson indicated everyone pays those. Mr.
Orttel stated he was not complaining about that but the City also wants to charge him an assessment
for a typical lot after he has paid to put this in and that comes to about $12,000.
,
Mr. Berkowitz stated through the feasibility report that was presented to Council, the estimated
assessment was around $35,000. With the quote that came in, the construction was about $2,000
higher than what was anticipated in the feasibility report, bringing up the total assessment between
$36,000 and $37,000 total. What Mr. Orttel was referring to on the additional cost would be the
difference between the trunk line and lateral line. The lateral portion for the front footage is what the
additional assessment would be. What he suggests is staff gather information and bring it back to the
next Council meeting.
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Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 12
Mr. Orttel thought they need to gather a little more than what they are doing because there is
precedent that proves his case. He asked for any information be given to him before the next
meeting so he can respond to it. He stated to him the information is not valid; there is no lateral
service to that property. He has to pay to put it in and once he pays for this he is not going to pay an
assessment to the City for him paying $27,000.
Councilmember Jacobson and Knight withdrew the motion.
Councilmember Orttel returned to the meeting.
SCHEDULE EDA MEETING
Motion by Trude, Seconded by Knight, to schedule an EDA meeting for Tuesday, July 19, 2005
at 6:00 p.m. Motion carried unanimously.
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SCHEDULE JULY WORKSHOP
Motion by Trude, Seconded by Jacobson, to schedule a City Council Workshop for Thursday,
July 28,2005 at 7:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the Community Center construction,
Legislative update, Andover Family Fun Fest and Miscellaneous Projects in the City.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
MAYOR/COUNCIL INPUT
(House on Andover Boulevard by Railroad Tracks) - Councilmember Jacobson wondered what the
status is on the house at the Railroad tracks on Andover Boulevard. Mr. Dickinson stated the
property owner has now redeemed it to the point that it is not going into tax forfeiture so they will be
proceeding with the abatement process.
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(Frain Whistle Update) - Councilmember Jacobson stated they previously discussed the train whistle
and the Federal law that was going to be enacted in June. He wondered if they have decided it is
going to be too expensive or that they are not going to do it. He did not know what the status of that
study is. Mr. Dickinson stated once they get the final regulations from the Federal Government, he
will update the Council on this.
Regular Andover City Council Meeting
Minutes - July 5, 2005
Page 13
(Fun Fest Council Booth) - Mayor Gamache stated the Council will have a booth next to the YMCA
at the Fun Fest. He noted the parade begins at 11 :00 at the High School.
Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:40 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary