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HomeMy WebLinkAboutCC - November 15, 2016p 6 O FANL6 Y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, November 15, 2016 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/18/16 Regular; 10/25/16 Workshop; 11/1/16 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Removal of 3 Way Stop Sign/143`d Avenue NW & Xenia Street NW - Engineering 4. Approve Removal of 3 Way Stop Sign/140th Avenue NW & Underclift Street NW - Engineering 5. Approve Removal of 4 Way Stop Sign/138th Lane NW & Underclift Street NW- Engineering 6. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/16-42/14317 Crosstown Blvd. NW/SS — Engineering 7. Accept Resignation/Park and Recreation Commission Member — Engineering p 8. Approve Appointment to Park and Recreation Commission — Engineering 9. Approve Installation of Street Light/149d' Avenue NW & Crosstown Boulevard NW — Engineering 10. Declare Surplus Equipment—Finance 11. Approve Amended Snow Removal and Ice Control Policy — Public Works 12. Approve Cleaning Services Contracts/CMT Diversified & First Impressions Building Services LLC - Finance 13. Approve LMCIT Liability Coverage —Administration Discussion Items 14. Anoka County Sheriff s Office Monthly Report — Sheriff 15. Discuss/Approve Resolution for the Sale of Bonds - Administration 16. Discuss/Approve Ordinance Granting a Franchise to CenturyLink - Administration 17. Interim Use Permit Amendment/Mining/Mark Smith - Planning 18. Andover Pollinator Awareness Project (APAP) Update—Engineering 19. Review of Fox Meadows Park Layout/14-15 - Engineering Staff Items 20. Canvass Results/General Election —Administration 21. Schedule December EDA Meeting —Administration 22. Administrator'sReport —Administration Mayor/Council Input Adjournment H 0 ANLb6AY^--A REGULAR ANDOVER CITY COUNCIL MEETING — NOVEMBER 15, 2016 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, November 15, 2016, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others © PLEDGE OFALLEGIANCE RESIDENT FORUM No one wished to address the Council. F.[eia1it/17IF. 17J(TU IA Item 13A Approval of Application for Exempt Permit/Andover Girls High School Hockey Booster Club Item 14 Anoka County Sheriff's Office Monthly Report Item 17 Interim Use Permit Amendment/Mining/Mark Smith November 9, 2016 Draft Planning & Zoning Minutes & Resident Letters Item 20 Canvass Results/General Election Motion by Holthus, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES October 18, 2016, Regular Meeting: Correct as written. Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. H H Regular Andover City Council Meeting Minutes —November 15, 2016 Page 2 October 25, 2016, Workshop Meeting: Correct as amended. Mayor Trude asked for the following correction to be made by staff: -Page 6, line 33 and 34 to clarify the Council's intentions by breaking up the action indicated into the 3 districts. Motion by Goodrich, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. November 1, 2016, Regular Meeting: Correct as written. Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried 4 ayes, 1 present (Trude). CONSENTITEMS Item 2 Approve Payment of Claims Item 3 Approve Removal of 3 Way Stop Sign/143`d Avenue NW & Xenia Street NW Item 4 Approve Removal of 3 Way Stop Sign/1401h Avenue NW & Underclift Street NW Item 5 Approve Removal of 4 Way Stop Sign/138`h Lane NW & Underclift Street NW Item 6 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/16-42/14317 Crosstown Blvd NW/SS (See Resolution R098-16) Item 7 Accept Resignation/Park and Recreation Commission Member Item 8 Approve Appointment to Park and Recreation Commission Item 9 Approve Installation of Street Light/149`h Avenue NW & Crosstown Boulevard NW Item 10 Declare Surplus Equipment Item 11 Approve Amended Snow Removal and Ice Control Policy Item 12 Approve Cleaning Services Contracts/CMT Diversified & First Impressions Building Services LLC Item 13 Approve LMCIT Liability Coverage Item 13A Approval of Application for Exempt Permit/Andover Girls High School Hockey Booster Club Motion by Bukkila, Seconded by Goodrich, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHL Y REPOR T Commander Brian Podany gave the monthly Sheriff's Report. He shared the specific multi- faceted plans that were made to address arson issues at the City's parks. Councilmember Knight asked what the motivation is for the vandalism. Commander Podany suggested boredom. ® Regular Andover City Council Meeting Minutes — November 15, 2016 Page 3 DISCUSS/APPROVE RESOLUTION FOR THE SALE OF BONDS Shelly Eldridge, Senior Vice President from Ehlers & Associates, the City's Financial Advisor, presented the results of the City's sale of the following bonds authorized at the October 18, 2016 Council meeting: $4,030,000 General Obligation (G.O.) Water Revenue Refunding Bonds, Series 2016B. The sale opening was at 10:00 a.m., on November 15, with consideration of the award of bid to be forwarded to the Andover City Council at approximately 7:00 p.m. These bonds are proposed to be issued to currently refund the City's outstanding 2007B G.O. Water Revenue Refunding Bonds for interest rate savings. These are funded by net revenues of the water system. The Andover City Council is requested to approve the resolution accepting the proposal on the sale of bonds based on the bid tabulation presented by Ehlers & Associates at the meeting. The results of the sale that day came in up 18 - 20 basis points over the original estimate. Standard and Poor's gave a AA+ bond rating. Seven bids were received. The winning bid was from a bank in Kansas City, Missouri. The true interest cost came in at 1.5817, which translates into a savings of $309,000 over the remaining life of the bond. $50,000 in annual savings is a good number, © commented Ms. Eldridge, representing 6.8% savings over the life of the bond. Ms. Eldridge referred to the information packet that had been provided to the Councilmembers regarding the sale. Mr. Dickinson stated staff recommends acceptance of the sale. The staff had reviewed the bids with Ehlers & Associates and expressed that $309,000 was a good savings. Mr. Dickinson stated chasing $15,000 — $20,000 also has some risk. The underwriter gave a premium bid and allowed the City to reduce the principal amount of the bond and that also goes into the savings calculation. Mr. Dickson reminded the Council the bond was issued in 2003-2004, and was refinanced in 2007 when the market was going down. He compared it to staying in a home many years and then the market goes down. When you have a call date, it is an opportunity to have the option to refinance. The market is favorable now. Mayor Trude thanked Ms. Eldridge for her presentation and reiterated that there will be over $300,000 in savings over the next 6 years. Motion by Bukkila, Seconded by Knight, to approve Resolution R099-16 providing for the issuance and sale of $4,030,000 General Obligation Water Revenue Refunding Bonds, Series 2016B and pledging for the security thereof net revenues. Motion carried unanimously. DISCUSS/APPROVE ORDINANCE GRANTINGA FRANCHISE TO CENTURYLINK © The City Council was asked to discuss and approve an ordinance granting a franchise to CenturyLink. The City is a member of the Quad Cities Cable Communications Commission. The Commission has negotiated the franchise agreement and has passed a resolution recommending © Regular Andover City Council Meeting Minutes — November 15, 2016 Page 4 approval of the CenturyLink franchise agreement by each member city. Karen George, Executive Director of the Quad Cities Cable Communications Commission was in attendance at the meeting and made a brief presentation The Quad Cities Cable Communications Commission, on behalf of the member cities Andover, Anoka, Champlin and Ramsey, accepted from CenturyLink (parent Company Qwest Broadband Services, Inc.) an application to provide cable television services in the Quad Cities service area. Commission staff and legal counsel reviewed the application — legal, financial, and technical qualifications -- and completed negotiations with CenturyLink officials securing a franchise agreement that encompasses like features and obligations as the Comcast franchise agreement. The CenturyLink franchise will allow market competition for cable television services currently serviced by sole incumbent operator Comcast. The Commission passed a resolution on October 20, 2016 recommending approval of the CenturyLink franchise application and agreement by member cities. The Council was asked to adopt the City ordinance granting a cable television franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink. The Council was also asked to approve the © summary ordinance for publication purposes. Highlights of the contract: the term of the contract is 10 years, they are committed to a customer service office within the geographic area, public access channels are committed and there is a PEG fee and franchise fee. The contract has a buildout requirement over term of the contract, and beyond, of 15%, and a provision to meet with them on a quarterly basis to look at the number of households available to receive the service. Patrick Haggerty, CenturyLink Government Affairs Director also attended the meeting. He stated residents of Andover will now have a choice for cable and internet service. He thanked the Council for the opportunity to work with the Commission. Councilmember Goodrich stated it sounds like an exciting opportunity. Mayor Trude asked when the "switch" would get turned on. Councilmember Holthus asked about the certification of installers so that residents have a good experience during an install. Mr. Haggerty stated residents will know if they qualify when they receive a postcard. There is also a way to be notified when it becomes available via email. Councilmember Holthus asked what percentage of residents would have the service available to ® them. Mr. Haggerty did not have that information available to him at the meeting. Councilmember Holthus stated she would love to see another option. Mr. Haggerty confirmed that currently there are 300,000 homes across the Twin Cities that have begun to be served by ® Regular Andover City Council Meeting Minutes — November 15, 2016 Page 5 CenturyLink over the last 1.5 years. There is an advantage of competition for the community, some of that may be playing out already. Councilmember Goodrich asked if this is a type of cable service. Mr. Haggerty said there would be a bundle or "triple -play" similar to Comcast and that the Prism product is their own cable product brand. Councilmember Holthus asked if it is high speed internet service. Mr. Haggerty said they will have the highest speeds available. Mayor Trude noted residents can have a speed test done at their home to see if they have fiber optic capability. Mr. Baumgartner indicated the City still has the power to retain the right-of-way (where there is cable laid or on poles) and control whether lines are relocated or moved. Mr. Haggerty confirmed if the cable is in the right-of-way, and then the City does some work, the City can ask for it to be moved. CenturyLink has been in the city right-of-way for 25 years. Motion by Bukkila, Seconded by Knight, in support of granting a franchise to CenturyLink and authorizing a summary of the ordinance for publication. Motion carried unanimously. (See © Ordinance 466) INTERIM USE PERMIT AMENOMENTIMINING/MARK SMITH Mr. Smith is requesting an extension of the original NP expiration date from December 1, 2016 to December 31, 2017. On April 21, 2015, the City Council approved an NP to allow mining on the properties Mr. Smith owns at Andover Boulevard and Butternut Street. The materials will be transported and used for the residential development known as Catcher's Creek 2nd Addition and will be used for soil corrections needed for the construction of streets, overall site grading and building pads. Mr. Smith hoped to start hauling materials to the Catcher's Creek 2nd Addition during the month of November with the duration of the project to last no more than 3 weeks. However, since it is the end of the hauling season because of potential inclement weather conditions the hauling will likely not be completed by December 1, 2016. The extension of the IUP until December 31, 2017 will ensure the project can be completed in 2017 in the event of unforeseen circumstances such as inclement weather, spring rains, road restrictions, etc. City staff reviewed the proposed IUP extension and had no issues with the request. The overall project is being completed in two phases. The first phase is completed. The site was restored in a © timely fashion and Mr. Smith met the conditions of the resolution. The Engineering Department completed a review of the proposed plan. As part of the review process, the Engineering Department verifies that after the removal of the materials, the final grade of the site will still allow for fixture development to occur. Regular Andover City Council Meeting Minutes – November 15, 2016 Page 6 A permit from the Coon Creek Watershed District (CCWD) has been approved. Silt fence and seeding to establish groundeover after project completion will be required through the CCWD permit. The materials will be delivered to Catcher's Creek Second Addition through Catcher's Creek located off Prairie Road NW. The transportation route is shown on the attached mining and grading plan. On November 9, 2016, the Planning and Zoning Commission held a public hearing and took public feedback. The Planning and Zoning Commission recommended approval of the IUP on a 6 — 0 vote with the following recommended changes to the resolution: - Condition #5: Change the IUP expiration date to November 30, 2017. Add Condition # 11: Once the mining project begins, the applicant shall make continued uninterrupted progress until the project is completed. If unforeseen circumstances arise ® that are beyond the control of the Applicant, notice shall be given to the City and work towards the completion of the project must resume as soon as plausible. Mr. Berkowitz reviewed the staff report with the Council. The City Council was asked to review the request, consider the recommended changes to the resolution, and the recommendation of approval by the Planning and Zoning Commission. Mr. Dickinson highlighted the changes that are recommended for the Council's consideration. Mayor Trude asked how previous site inspections have gone. Mr. Berkowitz stated Mr. Smith made corrections the same day that staff called something to his attention and that the soil became vegetated very quickly. He commented that calcium chloride can be a little messy on the roads when wet, but does control dust. Mayor Trude commented the moving of dirt allows the development project to get done. Mr. Berkowitz stated it is a process being continuously looked at. Mayor Trude asked if the resolution is what the staff recommended and if there was any discussion on it, saying that she had not seen this before. Mr. Berkowitz said the request from the applicant was originally for 2 years, and changed to 1 year through the approval process, and © it is now back to the Council with the applicant making the same request that was originally made. She asked for clarification on the staff recommendation. Mr. Berkowitz confirmed the applicant wants to extend the IUP and that they believe the ® Regular Andover City Council Meeting Minutes — November 15, 2016 Page 7 November date is a reasonable request and that the staff recommends accepting #5. Councilmember Holthus confirmed she agrees with number 5. She said she has seen a lot of NPs and there are often extensions in this process and it should have a start and end date. Councilmember Bukkila stated she would consider an either/or end date, work completed or the November date whichever comes first. Once the mining work is completed, grading the site should be done to finish it up. At the request of Mayor Trude, Mr. Baumgartner responded any personal property damage would be responsibility of the applicant. Mayor Trude asked if it is appropriate to have residents speak at this time. Mr. Smith indicated once they start that they will keep going with the planned work. He confirmed that there can be a situation where they would need to come back and move additional dirt but that a majority of it will be done in one time span. He said it is nearly impossible to predict a start date because there is a lot to line up (e.g. dry enough, equipment, contractors). Councilmember Bukkila asked if there is a way to word the IUP so once the work is done, then it expires. Mr. Smith commented sometimes they think the work is done and then they need to correct the elevations, such was the case with Catcher's Creek first addition. Councilmember Bukkila asked for clarification regarding the amount of soil to be mined. Mr. Smith confirmed the total amount to be 50,000 square feet, which is same volume of dirt. Mr. Berkowitz confirmed the total remaining to be moved is 50,000 total for both developments and that the IUP is simply an extension of time. Mayor Trude noted more time is needed due to changes in the plan and not knowing how much dirt would be needed for the final grading. Mr. Berkowitz confirmed the City has allowed stockpiling in the past. Mayor Trude commented the work is hard to do all at once. Councilmember Holthus asked what measure would be taken to mitigate the effect on residents. Mr. Smith stated they would be sweeping driveways and utilizing magnesium chloride and that they would take care of any mess they are making. Mr. Dickinson stated staff recommends the date be changed to November 30, 2017, from December 31, 2017. Mr. Smith expressed agreement. Resident, Arlene Elin, 137 Andover Boulevard came to the podium and indicated she had sent photos to the City, which Mr. Berkowitz had available to display for the meeting. The photos Regular Andover City Council Meeting Minutes —November 15, 2016 Page 8 illustrate dirt that accumulated by the front door of her home and the load in a sidedumper, above capacity. She stated she hired someone to come and power wash her home at considerable expense to her and that it took a week to get the deck power washed. Mayor Trude asked for the resident's comments toward the permit process. Ms. Elin stated they are the "old timers" in the neighborhood and that Mr. Smith's father built her home. She continued by saying she understands progress and building up the neighborhoods and keeping them beautiful, but that she had not experienced "this" before. At the Planning & Zoning Commission meeting there was discussion about what can be done to get it finished. As far as the permit is concerned, she stated she wanted the dirt moving finished and for them to "go on with our lives" and that has not happened. She expressed the need to take care of the residents and concern about the area where the trees came down and now weeds are growing very high, with nothing done to the soil after the trees were removed. The condition of the covered and seed field was fine in her opinion. Mr. Berkowitz noted on the west side of Butternut Street no dirt was removed, but the trees had been removed. QMs. Elin stated she would like to get the hauling over with so they can live there peacefully. Mayor Trude commented these are individual lots and contracts, with one previous developer going bankrupt and then there were watershed problems. Ms. Elin expressed the desire to get the bulk of work done in a short -time. Mayor Trude indicated it is also more economical for Mr. Smith (to get the work done in a short time) and then asked if increased inspections by staff would help. Mr. Berkowitz indicated quite a few inspections were done and that a lot of requirements were in place for 2015 approval. He acknowledged there were a lot of issues initially but they did not get a lot of calls last summer. As soon as Mr. Smith was asked to sweep the street, he did it right away. Councilmember Bukkila, in response to concerns about the height of the fill in the trucks, stated that Statute 169.81 is the one to review and encouraged Ms. Elin to research it. She indicated the height of the dirt has to be 6 inches below the height of the truck box. Her advice is to pick up the phone and call 911 and report any vehicle that does not follow that Statute and then leave it to the police to follow up. She encouraged residents to report violations they see and stated there are laws on the books to help residents. She confirmed it is the responsibility of the trucking company to secure the load if it is above the level of the truck. Mayor Trude concluded by saying that a finished Catcher's Creek neighborhood with appropriate buildable areas and the Butternut property left in a developable state will be needed to finish the Regular Andover City Council Meeting Minutes —November 15, 2016 Page 9 work. Ms. Elin asked for help when she presents her request to Mr. Smith. She stated she has 4 buildings on her property and has so far only worked on cleaning her home and that it will cost more than what she incurred year-to-date, in the amount of $7,500. She noted the chemical treatment utilized to clean her house took the paint off and that she had 3-4 years left before needing to paint but that she could not stand to look at her house that way. She thanked the Councilmembers for their time. Mayor Trude thanked her for speaking up. Councilmember Knight asked Mr. Smith if he could handle the changes necessary, including the change in date. Mr. Smith confirmed that November 31, 2017 is acceptable. Motion by Holthus, Seconded by Bukkila, to approve Resolution R100-16 granting an Interim Use Permit extension for mining at Andover Boulevard and Butternut Street as amended to change the expiration date to November 30, 2017. Motion carried unanimously. Mayor Trude stated she felt this summer went better and was sorry about the concerns on the property. ANDOVER POLLINATOR AWARENESS PROJECT (APAP) UPDATE The Andover Pollinator Awareness Project (APAP) is a group led by volunteers that formed in early 2015 in response to the decline in pollinators. The intent of the group is to raise awareness, educate residents and coordinate projects that improve habitat for pollinators and the environment as a whole. The group has accomplished: coordinating two pollinator -friendly garden tours, hosting a pollinator party, managing booths at numerous functions and helping a school plan and design a pollinator -friendly landscape on the school grounds and more. APAP Chairman, Cheryl Seeman, gave a brief presentation summarizing some of the group's completed projects and accomplishments. Councilmember Bukkila asked about finding information about the group and their work. Ms. Seeman responded that information can be found on their link off the City web page. Mr. Berkowitz read a statement from Kameron Kytonen expressing pleasure in working with the © group, with special thanks to Cheryl for her work and passion. Councilmember Knight expressed the importance of connection between the fertilization process and pollinators. Ms. Seeman stated the goal is to utilize the cleanest plants possible, and that ® Regular Andover City Council Meeting Minutes — November 15, 2016 Page 10 there are places that the group recommends for buying "clean" plants such as Mickman's and Bachman's. One of the problems with agriculture is when they spray, they kill it all. Mayor Trude thanked Ms. Seeman for educating residents. Ms. Seeman let the Council know that she had some suggestions for the bee -keeping ordinance and would like to come back at a later date to discuss them. Councilmember Holthus thanked Ms. Seeman for all of her work on this project. Mayor Trude stated the group was like Garden Club and that she found it to be very educational. REVIEW OF FOX MEADOWS PARK LAYOUT/14-15 The City Council was requested to review the draft layout of Fox Meadows Park. The draft layout was presented to the Park and Recreation Commission on November 3, 2016. The Park and Recreation Commission recommended two soccer/football/lacrosse fields that were identified on plan. One field is a full size and the other is a medium sized field for the younger age groups which also could be used for practice by various associations. The full-size field has been adjusted further north and west from the initial plan, which will provide somewhat closer access to the parking lot at the north end of the park. There is an existing sliding hill closer to the northeast corner of the full-size field that is rarely used by the residents that will be permanently removed. The sand from the sliding hill area will be used to grade the site. Pine Hills North has a sliding hill nearby along with two other locations in Andover -- Prairie Knoll Park and Andover Station North. Detailed concepts will come back to the City Council for discussion at workshops in 2017, followed by a formal final design/plan approval before the project goes out for bids. The Park and Recreation Commission held a neighborhood informational meeting in which comments were received along with an email that was received since the notification letter was sent out. The Park and Recreation Commission is recommending a perimeter trail system as part of the design of the park and at a minimum to grade in the trail as part of the overall grading of the park since the equipment will be available on site. If funds are available the Park and Recreation Commission would like to look at paving the trail now or at some point in the future, otherwise the trail would be graded and seeded with the trail being periodically mowed throughout the summer months. This project is identified in the 2017 Park Capital Improvement Plan that has been approved by the City Council. This will be funded by a combination of park dedication and maintenance funds. The City Council is requested to review the draft layout of Fox Meadows Park and provide comments. ® Regular Andover City Council Meeting Minutes —November 15, 2016 Page 11 Mr. Berkowitz reviewed the staff report with the Council. Councilmember Knight asked if there are plans for the commercial building on the adjacent property. Mr. Dickinson stated the owners are looking for potential uses, and considering its minimal value, in his opinion it should probably come down. It is in private ownership and the zoning is for neighborhood business. Councilmember Bukkila asked what the acreage is of the park area. Mr. Berkowitz indicated he is not sure the total acres. Mayor Trude stated she is concerned about doing the work all in one year due to the costs possibly dipping into next year's budget. Park and Recreation Commission Chair, Shane Stenzel came to the podium and stated they would wait for bids to come in first before making any decisions. He also thought that planting pollinator friendly plants in the park would be a good thing to do. He indicated the area in the south has always been an athletic field, but has not been utilized recently because it is not irrigated. City fields are being "beat up" due to overuse and it is felt if this field is irrigated, it could take some of the pressure off other fields so they can rest. One of the proposed fields would be able to be divided into 2 for younger players, so there could be 3 fields at the location. Sports that could be played there are football, soccer and lacrosse. Councilmember Knight asked about the sliding hill. Mr. Berkowitz stated the sliding hill would be removed, it is not being used and the neighborhood is okay with that. As the City moves into the planning process, and puts the well out for bids, more will be known about costs. A well would need to be up and running when the site is graded and it would need to be in the summer to provide as much growth as possible because it will take an additional growing season to get turf established. Staff will come back to the Council with the final layout. Councilmember Bukkila asked if once the bids are in, would the Council see it again for approval. Mr. Berkowitz stated yes, that would be the case. They would put the well out for bids and then those costs would be known. There would need to be approval for the well plan by the Council. There was also some discussion regarding the parking lot layout. Mayor Trude stated the discussion regarding the trail is not clear to her. Mr. Berkowitz indicated he envisioned it on the outside of the fields and that it would start and end from the parking lot. Mayor Trude commented the local kids could use the trail for roller blading Mr. Berkowitz stated they would grade and prepare for a trail and that it could be mowed and then paved at a later date. Councilmember Holthus expressed her opinion that a well is more important than a paved trail. Regular Andover City Council Meeting Minutes — November 15, 2016 Page 12 Mr. Berkowitz informed the Council the shelter is leaking but the playground is in good shape. Mr. Dickinson commented the sliding hill blocks a parent's view from the parking lot to see that their kids have gotten safely to their field. He asked the Council if there is anything that they did not want staff to look at or get bids for. Councilmember Knight indicated he thought of the trail as being more of an adult relaxed trail, more about being in nature and wondered about having a small parking lot off of 7th Avenue. Mr. Berkowitz responded getting access from the County would be a challenge. Councilmember Bukkila replied there is not enough money for the first parking lot. She stressed the importance of security lights being built into the plan. Mr. Berkowitz stated sometimes these elements can be added later, reiterating concerns regarding vandalism on playground equipment, paint sprayed on sidewalks, and driving on the field. Councilmember Bukkila thought it would be about $4,000 to put one in. John and Rita Burgeson, 4345-157`h Avenue, who live next to the park, came to the podium and shared some of what their family went through living next to the park with previous uses. Mr. Burgeson said the activities and language were so awful that he would not even want to say it publically in the meeting. He confirmed they were unable to be outside for 2.5 years and that those concerns "took over" their backyard. Mayor Trude stated she is very sorry they had to go through those experiences and the disc golf equipment eventually went to Bunker Hills Park. She assured them the Council and staff heard their concerns and understood it and on behalf of those here at that time, she apologized. Mr. Burgeson went on to say their family had been traumatized "beyond what you can imagine and it was like going to heaven" when they finally got peace in their life again. He had concerns about the proposed trail that was never discussed until it came up at the last Park and Recreation Commission meeting. At that meeting, the Park and Recreation Commission "grabbed on to it," and he truly questioned if more people used the park, would it then reduce vandalism. He said he knows 3 people that have trails near their homes and that he is highly concerned that it would lead to more problems for them. If a trail is put in, he would hope it does not go on their side of the fence and recounted how they had to spend over $30,000 to try to protect themselves from park visitors. Mayor Trude noted many families with children in Andover are involved in organized sports. Mr. Burgeson stated they had never had trouble with soccer and lacrosse activities and his concern is more about putting the path right along the fence, and putting visitors adjacent to their backyard again, making it a possible hangout because this is a more isolated park. In the past, there was paraphernalia from using drugs all over and they found horrible "junk" on their property. Regular Andover City Council Meeting Minutes —November 15, 2016 Page 13 Mayor Trude asked for clarification, noting that the plan shows 50 feet between the fence and the field. She asked staff to look at a substantial distance. Mr. Berkowitz confirmed there are no improvements planned for south of the fence and that the field is already proposed to be moved from the original proposal. Mr. Burgeson asked the Council consider the plan that they had seen that pushed the fields farther to the north and west. Mayor Trude stated the Council has been following this closely and wants to protect resident's interests ahead of time. She went on to say that trails show people where they should be and guide them and that there are no plans for removal of the 10 -foot chain link fence and evergreens. She asked the Burgeson's if they are asking for more privacy. Mr. Burgeson recounted having to cancel trips to stay home and keep his family safe. He acknowledged that they live by a park and they do not mind kids yelling while they play. He also expressed concerns regarding the overuse of water for irrigation with plans for no black dirt under the sod. Mr. Berkowitz used Pine Hills North as an illustration and how well the preparation worked for a good playable surface, which is used a lot and also prevents damage. Mayor Trude stated the City is getting support from a company to use smart controllers so as to not over consume water, and allow the surface to be suitable. Mr. Berkowitz indicated transducers can be put in any resident's well to measure draw down. This has been done with other well projects. Some residents want them placed in their well and some do not. Mayor Trude stated the City has done this in other areas with success and they want to try to be a good neighbor. Staff will listen to resident's concerns as well as all of the Councilmembers. It is important for the City to use the parks they have and hope that it will be a delightful experience. The Council is concerned about the well and the trail is not a certainty. Mayor Trude instructed Mr. Dickinson to provide a copy of the park layout to the Burgesons and pledged to continue the conversation. Mr. Burgeson stated 2.5 years of experience made their view different and they are trying to see the change. He said one of the things that came up in the Park and Recreation Commission meeting was that there is not enough money to move the fields over and he appreciated an honest dialogue about those costs. Mr. Berkowitz stated with a shift more to the north, more dirt would need to be moved and the difference in price would be provided. Mayor Trude confirmed the budget is not unlimited. Regular Andover City Council Meeting Minutes —November 15, 2016 Page 14 Councilmember Knight stated there is an increased demand from residents to just go out and walk, more and more in the outer ring of the Twin Cities. Mayor Trude thanked Mr. and Mrs. Burgeson for sharing their concerns and the goal of the Council is to provide a nice environment for children and to be a good neighbor. Councilmember Goodrich stated he liked what he saw and a very good job had been done thus far providing plans, and he is looking forward to learning more information as plans are made to move ahead. CANVASS RESULTS/GENERAL ELECTION The City Council is required to canvass the results of the General Election that was held on Tuesday, November 8, 2016. Staff requested the City Council adopt the resolution canvassing the results of the General Election. Motion by Goodrich, Seconded by Holthus, to approve Resolution R101-16 canvassing the returns of the Municipal Election held on the 81h day of November, 2016, in the City of Andover, Anoka County, Minnesota. Motion carried unanimously. Mr. Dickinson recognized those that had helped with the election, led by Deputy City Clerk Michelle Harmer. Councilmembers also expressed their thanks. SCHEDULE DECEMBER EDA MEETING Mr. Dickinson requested the Council schedule an EDA Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Motion by Holthus, Seconded by Bukkila, to schedule an EDA Meeting on December 6, 2016, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Finance) Mr. Dickinson has been working with finance to prepare for the 2017 budget. He stated that Standard and Poor's bond rating information would be posted on the website. In order to improve the ratings, it is really a function of statistics and the general economy that is affecting Regular Andover City Council Meeting Minutes —November 15, 2016 Page 15 this. Feedback has been very complimentary to what the City is doing. (New Homes) Mr. Dickinson stated there were 105 new single-family homes permitted so far this year and there will be a few more before the end of the year. Councilmember Knight asked for a comparison to previous years. Mr. Dickinson said it was high this year and there would also be the addition of 66 units at the Estates at Arbor Oaks. (Street Construction) Mr. Berkowitz stated plans are beginning for the 2017 street reconstruction projects. He indicated 55 people were in attendance at the neighborhood meeting prior to the City Council meeting. He said it was a good meeting and staff was able to get the information out to residents and to have a good dialogue. Concern was expressed by residents about the assessment amount. Staff is still taking advantage of nice weather for street sweeping and City equipment was being readied for a snow event any time now. MAYOR/COUNCIL INPUT (Community Development) Mayor Trude called attention to the AT&T store ribbon cutting and noted the contractor has not started work at the Dunkin Donuts yet. Mr. Dickinson indicated the building permit has been approved, and there is action in the Joy's Kitchen area and staff will be meeting with the contractor. He continued by saying the Andover Animal Hospital would be opening in early December and the grand opening for the ReMax building will be in early December. ADJOURNMENT Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:25 p.m. Respectfully submitted, Marlene White, Recording Secretary Regular Andover City Council Meeting Minutes — November 15, 2016 Page 16 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 15, 2016 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve Removal of 3 Way Stop Sign/143`d Avenue NW & Xenia Street NW ......... 2 Item 4 Approve Removal of 3 Way Stop Sign/ I40`h Avenue NW & Underclift Street NW... 2 Item 5 Approve Removal of 4 Way Stop Sign/138`h Lane NW & Underclift Street NW ....... 2 Item 6 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/16- 42/14317 Crosstown Blvd NW/SS(R098-16).................................................................... 2 Item 7 Accept Resignation/Park and Recreation Commission Member .................................. 2 Item 8 Approve Appointment to Park and Recreation Commission ....................................... 2 Item 9 Approve Installation of Street Light/1491h Avenue NW & Crosstown Boulevard NW 2 Item 10 Declare Surplus Equipment.......................................................................................... 2 Item 11 Approve Amended Snow Removal and Ice Control Policy ......................................... 2 Item 12 Approve Cleaning Services Contracts/CMT Diversified & First Impressions Building ServicesLLC....................................................................................................................... 2 Item 13 Approve LMCIT Liability Coverage............................................................................ 2 Item 13A Approval of Application for Exempt Permit/Andover Girls High School Hockey BoosterClub....................................................................................................................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 2 DISCUSS/APPROVE RESOLUTION FOR THE SALE OF BONDS (R099-16) ........................ 3 DISCUSS/APPROVE ORDINANCE GRANTING A FRANCHISE TO CENTURYLINK (ORD. 466)................................................................................................................................. 3 INTERIM USE PERMIT AMENDMENT/MINING/MARK SMITH(R100-16)......................... 5 ANDOVER POLLINATOR AWARENESS PROJECT (APAP) UPDATE ................................. 9 REVIEW OF FOX MEADOWS PARK LAYOUT/14-15........................................................... 10 CANVASS RESULTS/GENERAL ELECTION(R101-16)........................................................ 14 SCHEDULE DECEMBER EDA MEETING............................................................................... 14 ADMINISTRATOR'S REPORT.................................................................................................. 14 (Finance)................................................................................................................................... 14 (New Homes)............................................................................................................................ 15 (Street Construction)................................................................................................................. 15 MAYOR/COUNCIL INPUT........................................................................................................ 15 (Community Development)...................................................................................................... 15 ADJOURNMENT......................................................................................................................... 15