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CC - January 17, 2012
C I T Y O F ND OVE © 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, January 17, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (1 /3/12 Regular; 1/3/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Authorize DNR Forest Bonding Grant Application Submittal — Engineering 4. Default of Repayment Agreement/Fairbanks Properties LLC /Certify to Levy — Finance 5. Accept Resignation of Angie Perera, Associate Planner— Administration 6. Appoint Commission Members — Administration T. Approve Application for Exempt Permit/Rum River Chapter of MN Deer Hunters — Administration 8. Approve Application for Exempt Permit /Struttin' Toms Chapter NWTF — Administration 9. Approve Debt Service Payments — Finance 10. Approve QCTV Reserve Funds Draw Request - Administration Discussion Items 11. Anoka County Sheriff s Office Monthly Report — Sheriff 12. Hold Public Hearing/Adopt Assessment Roll/ 1 1-2a/Flintwood St. NW — Engineering 13. Hold Public Hearing/Adopt Assessment Roll/11- 24/Butternut St. NW, 173`d Ave. NW & Flintwood St. NW — Engineering 14. Hold Public Hearing/Order Plans & Specs /12- 2a/2012 Street Reconstruction (Ivywood Estates) - . Engineering 15. Hold Public Hearing/Order Plans & Specs /12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147" Avenue NW) /2012 Street Reconstruction — Engineering 16. Consider Conditional Use Permit — Temporary Storage of Highway Construction Materials — 16563 Hanson Boulevard NW - North Pine Aggregate, Inc. - Planning 17. Accept Resignation & Appoint QCTV Board Representative - Administration Staff Items 18. Schedule January Workshop — Administration 19. Schedule February Workshop — Administration 20. Administrator's Report — Administration Mayor /Council Input Closed Sessions — Property Acquisition Negotiations Update (PID#29- 32 -24 -44 -0022) Public Works Union Negotiations Update 10 Adjournment x LNDOVE-A- REGULAR ANDOVER CITY COUNCIL MEETING — JANUARY 1712012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 17, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trade, and Tony Howard Councilmember absent: None. Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Public Works Director /City Engineer, Dave Berkowitz Others PLEDGE OFALLEGLANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache stated the Council had received additional information pertaining to Item #15: Hold Public Hearing/Order Plans & Specs /12 -2b (Johnson's Oakmount Terrace) and 12 -2c (147`" Avenue NW) /2012 Street Reconstruction. Councilmember Trade requested Consent Item #4 be moved to discussion after Item #17. Councilmember Trade requested Consent Item #6 be updated to reflect the Council had interviewed 19 people for the open commission positions. Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the Agenda as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 2 APPROVAL OF MINUTES January 3, 2012 Regular City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Trude to approve the January 3, 2012 Regular City Council Meeting minutes as presented. The motion carried unanimously. January 3, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Bukkila to table the January 3, 2012 Closed City Council Meeting minutes for discussion and clarification at the closed City Council meeting scheduled after the regular meeting. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims. Item 3 Authorize DNR Forest Bonding Grant Application Submittal. item 4 roc ,.t. ,.vno..a5q.. ei4 gree.,. epA/F,.;A., v n ..«• r r &G ,.«•a to Levy. Item 5 Accept Resignation of Angie Perera, Associate Planner. Item 6 Appoint Commission Members. Item 7 Approve Application for Exempt Permit /Rum River Chapter of MN Deer Hunters. Item 8 Approve Application for Exempt Permit/Struttin' Toms Chapter NWTF. Item 9 Approve Debt Service Payments. Item 10 Approve QCTV Reserve Funds Draw Request. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, for approval of the Consent Agenda as amended. Motion carried unanimously. ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT Commander Kevin Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for December including a year to date comparison with 2010. Councilmember Bukkila stated there was an increase in juvenile arrests. She asked if there were any specific contributing factors to this increase. Commander Halweg stated over half of the charges were the result of two incidents. Each incident involved several juveniles with multiple charges. Councilmember Trude asked if there had been a decrease in activity since Pov's had closed. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 3 Commander Halweg stated there had been a decrease in activity on Thursday evenings with Pov's closed. HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL/11- 2a/FLINTWOOD ST. NW City Engineer Berkowitz stated the City Council is requested to hold a public hearing and ultimately approve the resolution adopting the assessment roll for Project 11 -2a, Flintwood Street NW. The total project cost was $103,381.48 with $24,148.80 to be assessed to the benefiting properties. The remaining project costs will be funded by the City through the Road & Bridge Fund. At the August 4, 2011 City Council meeting, the City committed to assessing no more than 4% over the estimated feasibility amount per unit should actual costs come in above the estimated feasibility amounts. The estimated assessment as identified in the feasibility report was $3,870 per unit. Upon completion of the project, the actual assessment amount per unit based on the City's assessment policy would be $4,227.66. Based upon the Council directive of assessing no more than 4% above the feasibility estimate per unit, the final assessment per unit is $4,024.80. Based upon current market conditions, the assessments will be extended over 10 -year period at 4.5 %. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Open the Public © Hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:14 p.m. No one from the public wished to speak. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Close the Public Hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:15 p.m. Motion by Councilmember Trude, Seconded by Councilmember Howard to adopt the Resolution Adopting the Assessment Roll for the Improvement of Project No.1 1-2a, Flintwood Street NW with an Assessment Amount of $4,024.80, Extending Over a Period of 10- Years, and an Interest Rate of 4.5 %. The motion carried unanimously. (See Resolution R005 -12) HOLD PUBLICHEARINGI ADOPTASSESSMENTROLL /11- 24 /BUTTERNUTST. NW, 173RD AVENUE NW & FLINTWOOD ST. NW City Engineer Berkowitz stated the estimated assessment as identified in the feasibility report 10 was $7,600.00 per unit and the final assessment is $7,556.08 per unit. The remaining project costs will be funded by the City through the Road & Bridge Fund. At the June 7, 2011 City Council meeting, as part of the discussion for the project, the Council directed staff to defer a second assessment to 17251 Butternut Street NW if and when the parcel subdivides. This © Regular Andover City Council Meeting Minutes —January 17, 2012 Page 4 deferral will accrue interest for the first 15 -years and then begin to depreciate in equal amounts over the next 10 -years until the deferred assessment would expire if not subdivided within 25- years. Based upon current market conditions, the assessment will be extended over a 10 -year period at 4.5% interest. The City Council is requested to hold the public hearing and ultimately approve the resolution adopting the assessment roll for project 11 -24, Butternut Street NW, 173rd Avenue NW, & Flintwood Street NW. Motion by Councilmember Bukkila, Seconded by Councilmember Knight to Open the Public Hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:20 p.m. Mr. Douglas Asfaly, 17340 Flintwood Street NW, Andover, stated there were three to four residents in this neighborhood that did not get a new culvert. He does not agree that he should pay the full assessment amount because he did not get a new culvert. Mayor Gamache asked how the City determined which culverts were replaced. I City Engineer Berkowitz stated during the design process the drainage is reviewed and evaluated. If there are changes that need to be made to address any drainage problems this will be figured into the design. With this particular project all the culverts were reviewed and the culverts that needed to be replaced to improve drainage were included in the project and if the culvert does not see water then it was not replaced. The drainage improvements affect the entire neighborhood so the costs are included in the assessments for everyone. Mr. Asfaly stated his culvert is over 30 -years old and it is plugged and does not work. There has been no water in this culvert for 20- years. He does not think he should have to bear the full cost to have this fixed at a later date when other culverts in the neighborhood were replaced as part of this project. He is expected to pay for the other culverts and he does not agree with this. Mayor Gamache stated the repairs are included in the assessment for the entire neighborhood because the improvements will benefit the entire neighborhood. City Engineer Berkowitz stated staff would follow up with Mr. Asfaly and look into this particular culvert to ensure that it is functional. Mr. Asfaly stated the assessment policy is bad and needs to be reviewed. Councilmember Bukkila asked how many culverts in the neighborhood were replaced and how ® many there were total. City Engineer Berkowitz stated he did not have this information at this time. Culverts are put in every driveway and when the design is evaluated the culverts that handle water are reviewed to © Regular Andover City Council Meeting Minutes —January 17, 2012 Page 5 ensure they are working effectively. Mr. Asfaly stated he did not agree with paying for repairs his neighbors had done. Councilmember Trude stated the City is covering 75% of the project costs for this neighborhood. The City evaluates the culverts in a project to ensure the City is not spending taxpayer funds to replace culverts that do not need to be replaced. The assessment policy the City uses has been in place for several years and it is the method the City uses to treat everyone equally and maintains consistency. She pointed out there was substantial City subsidy in this project. She asked if the culvert would be replaced in the future if there were problems with it. City Engineer Berkowitz stated if a culvert impacts the drainage for the full roadway then it was replaced. If the culvert was not replaced at this time then it would be considered private property and the responsibility of the resident. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Close the Public Hearing. The motion carried unanimously. ® Mayor Gamache closed the public hearing at 7:32 p.m. Motion by Councilmember Trude, Seconded by Councilmember Howard to Approve a Resolution Adopting the Assessment Roll for the Improvement of Project No. 11 -24, Butternut Street NW, 173rd Avenue NW, and Flintwood Street NW with the Assessment Amount of $7,556.08 per unit, Extended over a 10 -Year Period at 4.5% Interest. The motion carried unanimously. (See Resolution R006 -12) HOLD PUBLIC HEARING /ORDER PLANS & SPECS 112- 2a12012 STREET RECONSTRUCTION (IVYWOOD ESTATES) City Engineer Berkowitz stated identified in the City's 2012 -2016 Capital Improvement Plan is reconstruction of the Ivywood Estates development. The project will include reclaiming bituminous surface, replacing bituminous curb with concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous surface. The estimated assessment per unit is $5,160.00. An informational meeting was held with the residents in this neighborhood on November 15, 2011. No resident comments were received. The City Council is requested to ultimately approve the resolution ordering the improvement of Project 12 -2a ( Ivywood Estates), 2012 Street Reconstruction. Motion by Councilmember Knight, Seconded by Councilmember Howard to Open the Public Hearing. © Mayor Gamache opened the public hearing at 7:38 p.m. © Regular Andover City Council Meeting Minutes —January 17, 2012 Page 6 No one from the public wished to speak. Motion by Councilmember Bukkila, Seconded by Councilmember Trude to Close the Public Hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:39 p.m. Motion by Councilmember Trude, Seconded by Councilmember Howard to Approve a Resolution Ordering the Improvement of Project 12 -2a, 2012 Street Reconstruction ( Ivywood Estates) and Directing Preparation of Final Plans and Specifications. The motion carried unanimously. (See Resolution R007 -12) HOLD PUBLIC HEARING /ORDER PLANS & SPECS 112 -2b (JOHNSON'S OAAMOUNT TERRACE) & 12 -2c (147TH AVENUE NYi) 2012 STREET RECONSTR UCTION City Engineer Berkowitz stated identified in the City's 2012 -2016 Capital Improvement Plan is reconstruction of Johnson's Oakmount Terrace and 147th Avenue NW. This project would be bid with the Ivywood Estates reconstruction project in order to obtain better pricing. The project will include reclaiming the existing bituminous surface, replacing bituminous curb with concrete © curb and gutter, storm sewer improvements to correct known drainage issues, and paving a new bituminous surface. An informational meeting with residents impacted by this project was held on December 6, 2011. The estimated assessment for this project is $7,070.00 per unit. The City Council is requested to ultimately approve the resolution ordering the improvement of Projects 12 -2b, Johnson's Oakmount Terrace and 12 -2c, 147`" Avenue NW for street paving improvements. Councilmember Howard asked where the storm water ran through this area. City Engineer Berkowitz stated the storm water runs from the intersection at 147th Avenue and Guarani Street to 145t1 Lane. A majority of the water drains to Guarani Street and then drains to the south. There is one exception on the west of 1471' Avenue that drains into a drainage swale. The intersections currently have a hard time draining. He clarified this project is different from the project at Ivywood Estates because of more significant drainage problems but both projects will have bituminous curb replaced with concrete curb and gutter. Councilmember Knight asked if Guarani Street is a State Aid road. City Engineer Berkowitz explained 147t` Avenue from 7th Avenue to the Meadows of Round Lake is a State Aid road. State Aid roads generally consist of a connection point between two (2) County roads or a County road and State road. He clarified any widening of the roadway beyond a standard city street is paid 100% by the City through State Aid Funds. If the street section is made deeper the City pays 100% of the over sizing. These amounts are not included in the assessments. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 7 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Open the Public Hearing. The motion passed unanimously. Mayor Gamache opened the public hearing at 7:48 p.m. Mr. Al Eckardt, 4352 147' Avenue NW, Andover, stated he had been offered to purchase an outlot several years ago but had declined to purchase it. This piece of property was then a fire lane to 147th Avenue and according to the current map it is now part of 147a' Avenue. He asked who was responsible for changing a piece of property from an outlot to a holding pond to a part of 147h Avenue. He stated this holding pond would run in front of his property. City Engineer Berkowitz stated there is additional right -of -way in front of this property. Right now, water drains down the roadway and accumulates in front of this property. He stated the records show this portion is City property and it may have occurred if the property was an outlot and went tax forfeit and the City acquired it through that process. But he is not sure of the exact circumstances at this time. Mr. Eckardt stated there is only water in this area for a short time in the spring each year. He ® asked how much water would be sent down to this area with the new design. He stated he is paying an assessment of $7,000 for a ten -foot driveway that crosses over a holding pond. He does not feel it is fair to have to pay a fall assessment for this small of a section. City Engineer Berkowitz stated there would be no more water than what currently exists with the exception of a little widening. He also clarified Mr. Eckardt property is fronting 147`" Avenue so he is included in the assessment of this project as one (1) unit. The City typically assesses based on where a home's address frontage is. He also stated because this easement does handle a portion of the drainage, so the City needs to maintain control of the property. Mayor Gamache stated the City would watch the drainage during design to ensure there is no flooding in this area. Mr. Patricio Salamanca, 4264 147th Avenue NW, Andover, stated he is on the southern side of 147t1 Avenue and the road being proposed will be widened to the south. This will impact his property and the trees that are along the roadway. City Engineer Berkowitz stated the road is proposed to be widened 1.83 -feet with about 1 -foot on the south side of the road. There is a concern about the trees because they are close to the road and in the right -of -way. This makes snow storage difficult and as they have matured it makes it difficult to see road signs. The City has been looking at removing anything within 5 -feet of the back of the curb. He stated staff could work with Mr. Salamanca to see if it would be possible to trim the trees to save them but this may not be as nice as he would like. The City does not like to remove trees but if there is a need for snow storage or safety then they generally will be removed. © Regular Andover City Council Meeting Minutes —January 17, 2012 Page 8 Mayor Gamache stated the City has a number of areas in the City that trees are trimmed in order to increase safety. The City will look at being able to just trim these trees but they may not be able to be saved. Mr. Salamanca stated because these trees are 4 -feet from the current roadway and the City wants to take 5 -feet these trees will be removed. If these trees were removed, Mr. Salamanca stated then there should be something replanted to replace them. City Engineer Berkowitz stated these trees are in the City's right -of -way and it is important to maintain safe conditions within the right -of -way. Staff can look at being able to trim these trees but this may not be acceptable to Mr. Salamanca. Also because these trees are in City right -of- way the City does not replace them. Councilmember Trude asked why this road is being widened. City Engineer Berkowitz stated looking at the other matching street there are striped shoulders on both sides of the roadway and there is not on this section of roadway. It is not feasible on 147th Avenue to have a shoulder to the north. The road is proposed to be widened a total of 1.83 -feet © to provide a safe way for pedestrians and bikers to travel in this area. Also widening it will allow this section to line up with the roadway across the street. The Council can decide not to widen this section of roadway. Councilmember Trude stated safety is one component of building roads. In this situation the road to the west is narrower than the road to the east. For traffic purposes it is better for roadways to be the same width. She asked if this project would make them the same width. City Engineer Berkowitz stated the roadway would not be the same width on the north side because it would be difficult to have a shoulder on this side of the road. Councilmember Trude suggested staff talk with the City Forester about the trees to determine the age of these trees and the life span for them. This may have an impact on the decision to look at trimming them. City Engineer Berkowitz stated trimming the trees might not impact the look of the trees very much. Councilmember Howard asked how far into this property the City would have to go. City Engineer Berkowitz stated typically the City looks for 5 -feet and this is to accommodate the © wing of the snowplow. For construction purposes, putting in concrete curb and gutter requires an additional 3 -feet. This maybe onto the roots of these trees. Councilmember Howard clarified the centerlines on the east and west side of the street do not © Regular Andover City Council Meeting Minutes —January 17, 2012 Page 9 line up. City Engineer Berkowitz stated there is a slight jog in the road. Mayor Gamache requested staff be sure the road is lined up correctly with this project. City Engineer Berkowitz stated the intent is to line up the centerlines for the east and west side of the street. Staff will look at this to be sure the road is lined up with the least amount of impact and the most feasible option. Mr. Salamanca stated he does not want to see the stop sign on this corner removed for safety reasons. City Engineer Berkowitz stated staff has been going through the City looking at unwarranted 4- way stops that do not meet the MUTCD manual. This intersection would be analyzed and the need for the stop sign would be determined by the amount of traffic flow in this area. Mayor Gamache stated the next neighborhood over does have traffic issues and people driving ® fast through that area. He clarified the stop sign at this intersection slows traffic down for this neighborhood. City Engineer Berkowitz stated stop signs are not used for speed control. They City has adopted the MUTCD manual and has followed its guidelines throughout the City. Mayor Gamache requested this be looked at during the design. Mr. John Caldwell, 14659 Guarani Street, Andover, asked why the road needed to be replaced and why the residents were asked to incur this cost at this time. Mayor Gamache stated there is a process that is gone through every year in the City that looks at roads to determine which roads need to be repaired. This process rates and grades all the roads within the City. This process ensures the City does not run into a situation where all the roads need to be replaced at one time or roads do not encounter serious problems. City Engineer Berkowitz stated Guarani Street was first paved in 1978. According to City records this road has had extensive maintenance for these intersections. The edge of the roadway has broken down. The City has an overall condition index that grades the streets and staff analyzes the roadways every three (3) years so they can identify which roads are in the most need. © Mr. Caldwell stated he has not experienced any flooding or water problems. He asked if the money was being spent wisely by using it on this project. In his opinion the roads are fine and there are no problems so the road should just be left alone. These funds could be used in other areas of the City. Regular Andover City Council Meeting Minutes — January 17, 2012 Page 10 Mayor Gamache stated the City had set a policy in the mid 1990's to use an index that would determine what roads need to be repaired or replaced so that the City can better spread the costs of these repairs over time. This process keeps the taxes lower. The current Assessment Policy is what the City felt would be a fair breakdown of the costs for the City and residents. The residents in the project area are assessed 25% of the total costs and through taxes the City pays the remaining 75 %. The roads being repaired and replaced are having curb and gutter added to improve the life expectancy of the road and the concrete curbs are expected to last through more than one road repair or reconstruction. Mr. Caldwell stated his property taxes have gone up and the value of his property has gone down. This project will put another burden on residents. He asked the Council to consider if this would be the best time for this project and the best way to spend taxpayer dollars. Mayor Gamache stated the recent increase in taxes and decrease in home values was primarily a result of the State's new Market Value Exclusion Program. The City needs to look long term at the needs of the City. The City does not require residents to be put on City water and this decreases the potential costs to residents in this neighborhood. 0 Councilmember Knight asked what the average lifespan for a standard road would be in the City. City Engineer Berkowitz stated the goal is to have the pavement of roads to last 25 -30 -years with the concrete curb and gutter to last through two (2) reconstruction projects. When the roads were originally put in the goal was for them to last 20 years. Mr. Reine Kassulker, 4320 147t' Avenue NW, Andover, stated he is not in favor of this project just because the index says the road needs to be reconstructed. There are no drainage problems and the roadway is fine. He does not want to see the stop sign removed because this will create a safety problem for the neighborhood. He also does not want to see the trees removed. He does not have the money for this assessment and residents are saying it would be acceptable to spend these funds somewhere else in the City. He stated the policy needs to be changed and if not then there needs to be a change in officials. Councilmember Trude stated there are eight (8) addresses in the project area that are present and against the project and one (1) address present that is undecided. She asked if this was similar to what was seen at the neighborhood meeting. City Engineer Berkowitz stated the neighborhood meeting was to give the facts to the residents and let them know their voice could be heard either by written comment or at the public hearing at City Hall. The number of units opposed to the project was not as great at the neighborhood meeting. There are 24 homes in the project area. Councilmember Bukkila pointed out if the project is delayed it could potentially cost the residents more and this was seen in one of the projects last year. The City has looked at policies ® Regular Andover City Council Meeting Minutes —January 17, 2012 Page 11 to try and make these repairs and assessments easier for residents and this was done last year. This road should be reconstructed and this needs to be balanced with the needs of the other roads within the City. Councilmember Trade stated at a workshop the Council had discussed the fact that 147I' Avenue does not have homes on the north side. The Council had considered a couple of options but at that time it was decided not to pay for the north side of the project out of State Aid Funds. She clarified the State Aid contribution is only for the extra width of the roadway. City Engineer Berkowitz stated the assessment contribution is for a regular City street, which would be 32 -feet wide with 3- inches of bituminous, concrete curb and gutter, and would be divided by the entire neighborhood. Because it is a State Aid road the extra widening and extra thickness would be picked up through State Aid. Councilmember Trade stated 147th Avenue has homes that do not front 147`" Avenue and this is unusual within the City. She asked how the neighborhood sentiment would be impacted if the City approached the assessment of the north side differently. Mayor Gamache asked how this would impact the assessment cost. City Administrator Dickinson stated the discussion at the workshop was to add four (4) lots to the north side and have the City pay these assessments. This would increase the number of units from 24 to 28 and the assessment would drop to approximately $6,000 per unit. The City through the Road and Bridge Fund, would pay the assessment amount for these additional lots. Ms. Sally Sullivan, 14616 Hopi Street NW, Andover, stated she does not support this project and would like to see it postponed. Having an additional amount added to her taxes will impact what she is able to pay. According to MN State Statute 429 the benefit of the project must equal the amount that is assessed. This project will not increase her property value in an equal amount. There will be a benefit to the City so the residents on this street should not have to bear the cost. She would also like a copy of the feasibility report. She also asked for clarification why this project included concrete curb and gutter but the project for Flintwood Street did not have curb and gutter included. She stated this project is not needed at this time but if it does move forward she would like to make people aware of a Blanding's turtle nest. The taxes in Andover are too high. Mayor Gamache stated the Flintwood Street neighborhood has ditches and culverts for drainage not curb and gutters like the Johnson's Oakmount Terrace neighborhood. ® City Administrator Dickinson stated according to MN State Statute 429 the neighborhood is receiving benefit. The assessment amount is not 50% to 100% of the value of the project because this would be difficult for the City to prove an equal amount of value the City does 25 %. There is an overall improvement to the property with the improved street and drainage. Under Regular Andover City Council Meeting Minutes — January 17, 2012 Page 12 the current market the decline in value will likely be less than other homes. City Engineer Berkowitz stated if the project is moved forward bids would be received in April and construction could begin in June. The assessment hearing would be October. He clarified he would not recommend bidding this project separate from the Ivywood project. He stated the feasibility report is a public document and he could forward a copy of this to Ms. Sullivan. Councilmember Trude stated adding the additional four (4) lots into the assessment drops the assessment amount by approximately $1,000 per unit. If this project is postponed the costs may go up and this would affect those residents that are in favor of the project and the city as a whole. The people that support this project are not represented at this meeting and may oppose having their assessment values increased because the project was postponed. The City of Andover has chosen to subsidize rural lots so that roads do get done in these areas. Surrounding suburbs assess more for street projects in rural neighborhoods. City Engineer Berkowitz stated another option for the City to consider for 147th Avenue would be to look at that roadway and have half of the roadway be a City cost. He would need to evaluate the project to determine an approximate assessment value for this scenario. © Councilmember Bukkila asked how many other areas in the City had similar circumstances as 147t` Avenue and do not have homes on one side of the street. The City needs to maintain consistency with future projects. City Administrator Dickinson stated this is not a common setup within the City but 147th Avenue is probably not the only location in the City. Councilmember Bukkila stated maintaining the infrastructure does help to keep property values UP. Mayor Gamache stated the Council is considering reducing the current proposed assessment from $7,070.00 to approximately $5,900.00. Ms. Pamela Odash, 14597 Guarani Street NW, Andover, asked if the assessment would increase the property value by an equal amount thus increasing the property tax amount. City Administrator Dickinson stated the property value will probably maintain and if it decreases it will not decrease as much as other properties will. Councilmember Knight suggested the process move forward and bids solicited so that the City can have a better understanding of the assessment amounts. This project is not being approved at this time just the ability to send the project out for bids. Mr. Caldwell asked if the residents would be informed when the bids were received. © Regular Andover City Council Meeting Minutes —January 17, 2012 Page 13 City Engineer Berkowitz stated the Johnson's Oakmount Terrace project area is 2/3 of the total projects to be bid and if this project is not moved forward then staff is requesting direction on how to move forward with the Ivywood Estates project. The streets need to be done in the Ivywood Estates neighborhood. Mayor Gamache suggested the project move forward and staff look into reducing the assessment to approximately $5,900 by adding four (4) additional units to 1471` Avenue. He stated the Council will have the final plans and specifications in March and at that meeting he would suggest those residents opposed to the project attend. This project is something that needs to be done and in the long ran it will cost residents more if postponed. City Engineer Berkowitz stated staff would send a letter to the residents in this neighborhood with a reminder of the meeting on March 6, 2012. Motion by Councilmember Knight, Seconded by Councilmember Howard to Close the Public Hearing. Mayor Gamache closed the public hearing at 9:12 p.m. © Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve a Resolution Ordering the Improvement of Project 12 -2b, Johnson's Oakmount Terrace and 12 -2c, 147`h Avenue NW, 2012 Street Reconstruction and Directing Preparation of Final Plans and Specifications. The motion carried unanimously. (See Resolution R008 -12) City Administrator Dickinson clarified this included a comparison of the assessments including the four (4) additional units on the north side of 1471i Avenue and the value of half the road option. Mr. Caldwell asked if it would be possible to have just the asphalt replaced and not include the curb and gutter. Mayor Gamache stated the City's policy is if the money is going to be spent to reconstruct a road then concrete curb and gutter would be installed to increase the life expectancy of the road. CONSIDER CONDITIONAL USE PERMIT — TEMPORARY STORAGE OF HIGHWAY CONSTR UCTION MATERIALS Community Development Director Carlberg stated the applicant is requesting temporary storage of approximately 11,000 -cubic yards of tire chips on the property at 16563 Hanson Boulevard NW. The County is planning to reconstruct a portion of Hanson Boulevard beginning in the spring of 2012. It is anticipated the project will be completed by July 1, 2012. All of these chips will be used in the Hanson Boulevard project. The Planning Commission recommended approval of the proposed conditional use permit with a 6 -0 vote. Since the Planning Commission © Regular Andover City Council Meeting Minutes — January 17, 2012 Page 14 meeting there has been the addition to Condition 5 in reference to a sunset date for the removal of the tire chips. The City Attorney suggested staff work with the property owner to ensure the property owner had insurance and also suggested that the City be named as an additional insured on that policy. Staff discussed this with the property owner who subsequently confirmed that his existing homeowners insurance provided adequate coverage. The Council is asked to approve or deny the proposed conditional use permit. Fire Chief Winkel stated the current piles on the site are too large and there is one pile that is too close to a pole barn. The piles will be reconfigured to meet the fire code regulations and the applicant has agreed to all of the conditions set by the Fire Department. Prior to moving in any additional tire chips the piles will be reconfigured and there will be a total of 5 -6 piles. Councilmember Trade stated if the tires do catch fire this would be considered a toxic situation and pose a risk to fire fighters and residents and the fire would be difficult to put out. Fire Chief Winkel stated the toxicity of a tire fire is a concern. Evacuation would be based on wind conditions. There is no city water in the immediate area and this is an issue. The Fire Department is putting plans in place to be sure there is water accessible in the event of a fire. A fire of this nature would be unusual and the Fire Department is working on a plan in case something happens. Councilmember Trade stated this is not an ideal location for these materials to be stored because of the natural gas pipeline that runs through this property. Councilmember Knight asked what was done with the metal from the tires and if the tires would be more flammable because they are older. Fire Chief Winkel stated the metal should have been removed prior to being used for construction purposes. He has not inspected the material but it is material left over from a prior construction project. He stated he did not believe the age of the material would make it more flammable. Councilmember Trade stated it indicates in the list of precautions that cutting, welding, or heating devices shall not be operated in the tire storage area. She asked if this would be reviewed with the property owner and the people working on the site. She asked if Fire Chief Winkel was involved in developing the Tire Storage Plan submitted by the applicant on January 5, 2012. Fire Chief Winkel stated this has been reviewed with the applicant, North Pine Aggregate. The Fire Department will review this information with the property owner as well. The Tire Storage 10 Plan was part of the discussions with North Pine Aggregate. They are required to fence each pile individually with a 6 -foot chain link fence and no pile can be higher than 10 -feet high. Community Development Director Carlberg stated there is State Statute that regulates the use of Regular Andover City Council Meeting Minutes —January 17, 2012 Page 15 these tires for the road construction project. City Engineer Berkowitz will be sending a letter to the Anoka County Highway Department outlining the City's concerns and to make sure they comply with all the conditions. Councilmember Bukkila asked how the City got into this situation and if the applicant was aware that City's had codes, ordinances and regulations. Mr. Brent Jensen, North Pine Aggregate, Inc., stated he had worked with the Anoka County Highway Department previously and they had provided the location for the tires to be delivered. This particular project involves moving tires from the previous Anoka County project to the new Hanson Boulevard project. The tires belong to Anoka County. The contract they have with Anoka County at this time includes moving the material prior to the end of 2011 and providing a location to stage the material for this project. He stated he was not aware a Conditional Use Permit would be required for this project. Councilmember Bukkila stated there is a problem because this is a government project. The flammable material is now stored in a location the City is not prepared to deal with in an emergency. It is being stored next to a natural gas pipeline. If there is an emergency it will be a large event. The homes near by may have difficulty selling because of these stockpiles nearby. She stated as a business owner he should be aware that the City should be approached in these situations. The City is now expected to make concessions in order for North Pine Aggregate to get through the next six months. Councilmember Trude asked if Anoka County had to get this material moved by the end of 2011 because they had run out of time for storing the material at the other site. Mr. Jensen stated he does not know the reason for needing it moved by the end of the year just that it was part of the specifications for the current job. He stated he had talked with the property owner prior to the bid letting and prior to moving the tires. He stated both he and the property owner were unaware a permit would be required. Councilmember Howard asked who covers the costs involved if a tire fire happens. A homeowner's policy will not cover things such as water contamination. Community Development Director Carlberg stated the insurance agent for the property has stated the homeowner's insurance would cover that storage and the events there. If it becomes a larger City event then the City would need to recoup costs from the property owner. Councilmember Bukkila asked if the City had in writing the homeowner's insurance covered this activity and event. © Councilmember Trude asked if the City had a certificate of insurance. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 16 City Administrator Dickinson stated it was not a problem to obtain a certificate of insurance. The material is considered a construction material and not categorized as hazardous at this point. The County, the Watershed, and the MPCA are all aware of the situation. This project will be watched carefully. Issues relative to risk can be dealt with as they arise. Koch Industries has processes and procedures in place for the pipelines safety and they will be sure it is followed. Councilmember Howard stated the memo from the Fire Department, Item 33.7.4 states individual tire materials shall not be located on site in excess of 90 days and the resolution states the material can be at this location until July 1, 2012. Fire Chief Winkel stated as part of the discussion with North Pine Aggregate, the Fire Department realized the material would be there for an extended period and the time they would be allowed to stay on site was extended. The tires should be gone by early June based on the project completion date of July 1, 2012. Councilmember Howard asked if the Fire Department had reviewed the access of the site and how it was designed. Fire Chief Winkel stated the plans drawn up do allow adequate access for emergency vehicles and equipment. Councilmember Knight stated he was concerned that the County went ahead and moved these materials into Andover without discussing it with the City first. Motion by Councilmember Knight, Seconded by Mayor Gamache to approve a Resolution Granting the Conditional Use Permit Request of North Pine Aggregate, Inc. to Stockpile Tire Chips on the Property Located at 16563 Hanson Boulevard NW With Conditions. Councilmember Howard stated he is reluctant to approve this Conditional Use Permit. He will reluctantly vote to approve but he expects this location to be the safest place in Andover. He suggested North Pine Aggregate have equipment on site in case of an emergency. City Administrator Dickinson stated it would be appropriate for the Council to add conditions for approval. City Attorney Baumgartner stated this is a joint application with Mr. Kuiken, the property owner, and the contractor, North Pine Aggregate. He suggested changing the first "Whereas" statement to include the property owner, Mr. Dennis W. Kuiken, as a co- applicant. It is a joint application because Conditional Use Permit runs with the property and it is appropriate to list the property owner as a joint applicant. He also suggested changing all the words "applicant' to "applicants." City Attorney Baumgartner stated the storage of highway construction materials on this particular site is available through a conditional use permit. There have been discussions on sunset Regular Andover City Council Meeting Minutes —January 17, 2012 Page 17 provisions for conditional use permits and how they are not typically applicable with a conditional use permit. The concern he has with this particular storage is that this is not typical construction material. This particular situation does lend credence to the inclusion of a sunset provision identifying the fact that because of the nature of this particular construction material. Having the tires stored here does not increase the risk but the longer they are stored in this location does increase the risk. He provided two (2) additional "Whereas" clauses he would recommend adding to the resolution. He also recommended adding Condition 7 identifying the conditions for the fencing. City Attorney Baumgartner stated he does have some hesitation in regard to the applicant's homeowner's insurance coverage. He does not believe it will cover a wide spread situation. He recommended the Council add one additional provision to address this. Councilmember Trude suggested the addition of a sunset clause that identifies the termination of the conditional use permit on July 1, 2012 with the consent of the co- applicant. City Attorney Baumgartner suggested adding the following statement to Condition 1: "To the extent not otherwise addressed by these conditions, the applicant..." City Administrator Dickinson stated the Conditional Use permit is restricted to 11,000 cubic yards of tire chips. He stated there is protection for the City that the material will be removed from the property by July 1, 2012 with Condition 5 and the ability to assess the property if the material is not. Fire Chief Winkel stated the Fire Department is comfortable with the language that has been presented. North Pine Aggregate has been helpful in working with staff. Councilmember Trude asked when they would start bringing the remaining material to the storage site. City Administrator Dickinson stated Condition 1 states the applicants shall bring the property into compliance with the Fire Department memorandum by February 1, 2012. After the property is in compliance the remaining material can be brought to the site. Councilmember Knight stated he agreed with the additions and changes and restated his motion. Motion by Councilmember Knight, Seconded by Mayor Gamache to approve a Resolution Granting the Conditional Use Permit Request of North Pine Aggregate, Inc. And Dennis W. Kuiken To Stockpile Tire Chips On Property Located at 16563 Hanson Boulevard NW with the Following Additions and Changes: • First "Whereas" reads: WHEREAS, North Pine Aggregate, Inc. and Mr. Dennis W. Kuiken have requested a conditional use permit for storage of tire chips on the subject property. Regular Andover City Council Meeting QMinutes —January 17, 2012 Page 18 • Changing all the words "applicant' to "applicants." • After the third "Whereas" add: "WHEREAS, the Council finds the tire chips as a highway construction material that differs in nature from other highway construction materials, such as aggregate or sand, in that tire chips are a petroleum based product, potentially susceptible to combustion." • After the fourth "Whereas" add: "WHEREAS, the Council finds the risks associated with the tire chips being ignited either through intentional human involvement or the spreading of wildfires increases the longer the chips are stored on the subject property." • Add Condition 7. The applicants shall comply with fencing obligations and plans as set forth in the January 5, 2012 letter and attached Tire Storage Plan from North Pine Aggregate, Inc. • Add Condition 8. The applicants assume all risks associated with storage of the tire chips and agrees to indemnify and hold harmless the City of Andover from any and all resulting damages and costs. • Add Condition 9. The Conditional Use Permit granted in this resolution terminates on July 1, 2012 at the consent of the co- applicants. • Add the following statement to the beginning of Condition 1: "To the extent not otherwise addressed by the these conditions, ". Mayor Gamache stated this is not the way the City would normally do something like this but the material is already in the City. The Fire Chief has reviewed this and the City is willing to work with the contractor. Councilmember Trude stated the City Code relative to highway material storage needs to be reviewed. The County has put the City in a negative position. Mayor Gamache called the motion to vote. The motion carried 4 ayes, 1 nay ( Trude) (See Resolution R009 -12) ACCEPT RESIGNATION AND APPOINT QCTV BOARD REPRESENTATIVE Mayor Gamache stated he had submitted his resignation from the QCTV Board effective December 31, 2011. This creates a vacancy the City Council needs to replace. The bylaws of the Quad Cities Cable Commission identified that the City of Andover appoint two representatives to the Cable Commission Board. The other City representative currently appointed to the board is Councilmember Julie Trude. The bylaws do not indicate that the board replacement needs to be a Councilmember. He recommended City Administrator Dickinson be appointed to the board. The Council is requested to accept the resignation of Mike Gamache from the QCTV Board and to appoint a City of Andover representative to the board to fill the vacancy. Regular Andover City Council Meeting Minutes — January 17, 2012 Page 19 Motion by Councilmember Howard, Seconded by Councilmember Trade to Accept the Resignation of Mayor Gamache from the QCTV Board Effective December 31, 2011. The motion carried unanimously. Councilmember Trade asked if City Administrator Dickinson is interested in the position and if he would be able to fit this into his schedule. City Administrator Dickinson stated he would be able to fit this into his schedule. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Appoint City Administrator Dickinson to the QCTV Board. The motion carried unanimously. DEFAULT OFREPAYMENTAGREEMENT ITAIRBANKS PROPER TIES LLC /CERTIFY TO LEVY Councilmember Trade asked if this would automatically move payments onto the taxes based on the payment plan and what happens if the taxes are not paid. 10 City Administrator Dickinson stated it moves to a lien on the property so when the property is sold or changes hands this would need to be paid. This puts a long -term lien on the property. The City will start to get paid in 2013. This new agreement in his opinion is more beneficial to the City and the business. Motion by Councilmember Trade, Seconded by Councilmember Knight to approve the Resolution Certifying the Balance Due With Interest to the Two (2) Benefiting Properties. The motion carried unanimously. (See Resolution R004 -12) SCHEDULE JANUARY WORKSHOP Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Schedule a January Council Workshop for January 31, 2012, at 6:00 p.m. The motion carried unanimously. SCHEDULE FEBRUARY WORKSHOP Motion by Councilmember Knight, Seconded by Councilmember Trade to Schedule a February Council Workshop for February 28, 2012, at 6:00 p.m. The motion carried unanimously. a ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding Regular Andover City Council Meeting Minutes —January 17, 2012 Page 20 administration and city department activities, development and CIP projects, and upcoming meetings and community events including property negotiations, union negotiations, the annual budget and levy submissions to the State, County and other bureaus has been done. City Engineer Berkowitz stated the City has been using the time without snow to trim trees in the north central area of the City. There was a neighborhood meeting with the South Coon Creek neighborhood and there will be a public hearing for this project in March. Staff is working with Connexus Energy on the lighting for Sunshine Park. Staff is working with Coon Rapids on the paving of the 133`d Avenue project. Community Development Director Carlberg stated the application has been submitted for CDBG Funds for the Bunker Lake Boulevard Redevelopment Project. Dynamic Sealing Technologies will be having an open house on Friday, January 27h and they will be celebrating their 106, Anniversary. MAYOR/COUNCIL INPUT (New Commission Members) Councilmember Trude thanked the Commissioners who had served on the City's Commissions and she looked forward to working with those new Commissioners that were appointed. (Sunshine Park Parking Lot) Councilmember Trude stated the Boy Scout that attended the last City Council meeting wrote his report on the discussions surrounding the closing of the Sunshine Park parking lot. She asked if the City had seen any changes with litter since the lot was closed. City Engineer Berkowitz stated he has not received any bad news. A High School student has approached the City about reopening the parking lot. The student was told to put a proposal together and present it to the City for consideration. (Open Space Committee) Councilmember Trude stated the Chairman of the Open Space Committee wanted to know if it would be acceptable to share some of the comments the Council had learned as they interviewed candidates and if the Council would be open to attending one of their meetings. She also indicated the Commission meets at 7:00 p.m. rather than 6:00 p.m. City Administrator Dickinson stated a joint meeting is scheduled with the Open Space Commission in February. A start time will be discussed at the next Open Space Commission meeting. Mayor Gamache recessed the regular City Council meeting at 10:24 p.m. to a closed session of the City Council to discuss property acquisition negotiations for PID #29- 32 -24 -44 -0022, and the Public Works Union negotiations. The City Council reconvened at 10:37 p.m. Regular Andover City Council Meeting Minutes —January 17, 2012 Page 21 Ir 01IU" Iu/A/i`III Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:38 p.m. Respectfully submitted, Tina Borg, Recording Secretary H C�1 Regular Andover City Council Meeting Minutes —January 17, 2012 Page 22 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JANUARY 17, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Authorize DNR Forest Bonding Grant Application Submittal ...... ............................... 2 Item 5 Accept Resignation of Angie Perera, Associate Planner ............... ............................... 2 Item 6 Appoint Commission Members ..................................................... ............................... 2 Item 7 Approve Application for Exempt Permit/Rum River Chapter of MN Deer Hunters... 2 Item 8 Approve Application for Exempt Permit/Struttin' Toms Chapter NWTF ................... 2 Item 9 Approve Debt Service Payments ................................................... ............................... 2 Item 10 Approve QCTV Reserve Funds Draw Request ............................. ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /11- 2a/FLINTWOOD ST. NW (See ResolutionR005 -12) ................................................................................... ............................... 3 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /11 -24 /BUTTERNUT ST. NW, 173RD AVENUE NW & FLINTWOOD ST. NW (See Resolution R006 -12) ........................... 3 HOLD PUBLIC HEARING /ORDER PLANS & SPECS /12- 2a/2012 STREET RECONSTRUCTION (IVYWOOD ESTATES) (See Resolution R007 -12) ............................ 5 HOLD PUBLIC HEARING /ORDER PLANS & SPECS /12 -2b (JOHNSON'S OAKMOUNT TERRACE) & 12 -2c (147TH AVENUE NW) 2012 STREET RECONSTRUCTION (See ResolutionR008 -12) ................................................................................... ............................... 6 CONSIDER CONDITIONAL USE PERMIT — TEMPORARY STORAGE OF HIGHWAY CONSTRUCTIONMATERIALS ............................................................ ............................... 13 ACCEPT RESIGNATION AND APPOINT QCTV BOARD REPRESENTATIVE .................. 18 DEFAULT OF REPAYMENT AGREEMENT /FAIRBANKS PROPERTIES LLC /CERTIFY TO LEVY (See Resolution R004- 12) .............................................................. ............................... 19 SCHEDULE JANUARY WORKSHOP ........................................................ ............................... 19 SCHEDULE FEBRUARY WORKSHOP ..................................................... ............................... 19 ADMINISTRATOR'S REPORT ................................................................... ............................... 19 MAYOR/COUNCIL INPUT ......................................................................... ............................... 20 (New Commission Members) .................................................................... ............................... 20 (Sunshine Park Parking Lot) ...................................................................... ............................... 20 10 (Open Space Committee) ........................................................................... ............................... 20