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CC - July 5, 2017
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Regular City Council Meeting— Wednesday, July 5, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/23/17 Workshop; 6/20/17 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/17-38/2462 — 138 h Ave. NW/WM - Engineering 4. Approve Cleaning Service Contract/CMT Diversified & First Impressions Buildings, LLC — Finance 5. Declare Cost/Order & Adopt Assessment Roll/17-35/16770 Wren St. NW/Septic System Administration 6. Accept Donation for Safety Camp — Finance Discussion Items 7. Discuss Appeal of Fence Permit Denial/1444 —141x` Lane NW —Engineering 8. Approve RFP/17-27/Public Works Vehicle Maintenance Facility, Cold Storage Building & Site Work— Engineering Staff Items 9. Schedule July EDA Meeting—Administration 10. Schedule Council Workshop Meeting—Administration 11. Administrator's Report —Administration Mayor/Council Input Adjournment F-10 LJ REGULAR ANDOVER CITY COUNCIL MEETING —JULY 5, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, July 5, 2017, 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 Craig Swalchick owner, of 851 - 138' Ave. NW, thanked the Council for their time. He acknowledged that his situation requires a public hearing. His family has owned an outlot on Palm Street due to owning the house next to it. That home was sold separately from the outlet due to the new owners not wanting to purchase the outlot. Two years ago staff helped him to possibly position the outlot as buildable. He was able to confirm that it was not a wetland property and also had a DNR review. Mr. Swalchick stated he has spent thousands of dollars to come up with a grading plan, "just to sell the outlot as a buildable lot." His concern is about the requirement to grade the lot and considers it to be "over -and -above." He also stated there are no health and safety concerns other than some potential trespassing activity happening there. Mr. Swalchick confirmed he pays a lawn service to keep the lot mowed. He stated the grading plan requires fill to be brought in before a house is built, however, a builder would then likely remove the fill to build a house. He has a potential buyer, with a contractor, and they agree that doing the grading now would be a waste of dollars, and therefore it is an unnecessary obstacle. He felt staff has been supportive, until recently when he has encountered more roadblocks. Mayor Trude noted outlots are not usually considered buildable. Mr. Swalchick stated he feels that it's denying him viable use of the property. Mayor Trude indicated Mr. Swalchick is entering the zone of where one becomes a developer and it is much more difficult to navigate. ® Regular Andover City Council Meeting Minutes —July S, 2017 Page 2 Mr. Dickinson confirmed he had provided the resident with information on how to navigate the process of developing the property. He agreed it is a unique outlet and that it has been attached to the adjacent lot since 1994. This kind of work is typically done with builders/developers. He understands it's cumbersome for the regular homeowner. When someone wants to build a home, City staff is trying to ensure the lot can be built upon. Mr. Dickinson did not recommend approval, because that assigns the obligation to the next buyer. He noted the owner is trying to sell the property, right now, as a "buildable lot" and there is a difference in price between a buildable lot and a potentially buildable lot. AGENDA APPROVAL Motion by Bukkila, Seconded by Knight, to approve the Agenda as presented above. Motion carried unanimously. APPROVAL OF MINUTES May 23, 2017, Workshop Meeting: Correct as written. Motion by Knight, Seconded by Holthus, to approve the minutes as presented. Motion carried unanimously. June 20, 2017, Regular Meeting: Correct as amended. Councilmember Holthus requested a correction on page six, line 15. She stated she believed the Mayor did not mean to say "responding." She suggested the language, "...looking at holding a referendum in the fall and one of their goals is to remove portables." Motion by Holthus, Seconded by Knight, to approve the minutes as indicated above. Motion carried 4 ayes, 1 present (Bukkila). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/17-38/2462 — 138'h Ave NW/WM (See Resolution R054-17) Item 4 Approve Cleaning Service Contract/CMT Diversified & First Impressions Buildings, LLC Item 5 Declare Cost/Order & Adopt Assessment Roll/17-35/16770 Wren St. NW/Septic System (See Resolution R055-17) © Item 6 Accept Donation for Safety Camp (See Resolution R056-17) Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion carried © Regular Andover City Council Meeting Minutes —July 5, 2017 Page 3 unanimously. DISCUSS APPEAL OFFENCE PERMIT DENL4L/1444 —141sT LANE NW The Heilman's have requested to place a fence within a drainage and utility easement/dry pond in their back yard. They requested a site meeting and it was confirmed by Mr. Berkowitz, and previously by Kameron Kytonen, Natural Resource Technician, that staff could not approve the permit, as requested, due to the pond impact. During Resident's Forum at the May 2, 2017 City Council meeting, Tasa Heilman requested the City Council approve the fence placement. On May 16, 2017, the Heilman's formally applied for the fence permit, which was denied. Mayor Trude asked for confirmation as to the location of the trail as it related to the map that was shown by Mr. Berkowitz. Staff recommended denying the appeal on the basis that City Code does not allow fences to be constructed or placed in drainage areas, ponds or wetlands. The pond handles storm water runoff for © approximately 11.3 acres of land. Mr. Berkowitz pointed out the City is responsible to protect homes in the City from flooding. It also protects run-off from going into the water supply. He confirmed the maximum fence height allowed in the front yard is 4 feet high and a fence could be built in a limited area, but not where the set 879.27 elevation of the pond area is located. Councilmember Bukkila asked if a fence could be built on the rear fence line. Mr. Berkowitz confirmed that is correct, but the fence would not be able to "tie in" across the backyard. Mayor Trude asked if any plantings could be done. It was confirmed there could be no plantings in the pond area. Councilmember Bukkila asked about split rail fence and Mr. Berkowitz also stated this would not be permitted in the easement area. She wondered if the delineation would help address safety issues for their children. Mayor Trude invited the applicant to come forward to the podium. Ms. Heilman showed a photo of the dip in the yard that is the drainage pond. She stated she assumed the Council was prepared to deny the request. She asked the Council to look at the request as an individual request. She did not believe that a chain link fence would have a negative impact and the © request was motivated due to the creek being in the back yard and safety issues of having 3 young children. ® Regular Andover City Council Meeting Minutes —July 5, 2017 Page 4 Mayor Trude thanked the applicant for her information. She also wanted to make something clear to the public watching, and that was the family did come to the Council before the purchase of their home and they could have elected to back out of the purchase before the sale was final. Mr. Berkowitz stated that drainage plan for the entire area would have to be reanalyzed if a change were made in the Heilman's lot. Motion by Holthus, Seconded by Knight, to deny the appeal. Motion carried unanimously. APPROVE RFP/17-271PUBLIC WORKS VEHICLE MAINTENANCE FACILITY, COLD STORAGE & SITE WORK Mr. Berkowitz explained in the 2017 Capital Improvement Plan is Phase I of the Public Works Relocation/Expansion. The first step in the process is to hire an architect to begin the space needs study, preliminary design and high-level cost estimations to make a determination on whether to move forward with construction. The next step for 2018 is to continue to move forward by going into full design and preparation of the bid documents. The budget for 2017 is $50,000 for analysis and then the budget in 2018 is $450,000 for design. © Mr. Dickinson indicated Phase 1 - vehicle maintenance - is the City's biggest need. Staff proposes the City will continue to use the buildings that exist as long as they are viable. Councilmember Goodrich confirmed the maintenance facility building needed is long overdue. Councilmember Knight asked about the Recycling Center. Mr. Berkowitz confirmed the Recycling Center will stay, at least for now. Mayor Trude indicated the center of the site plan will not come to fruition until many more years from now. Mr. Berkowitz confirmed there will be fencing along Nightingale Street and City staff would be meeting with neighboring residents. Councilmember Knight asked for an explanation of the term, "flexible open space." Mr. Berkowitz confirmed the area would be open for multiple purposes to be determined at a later date, focusing on gathering areas for the community. Councilmember Goodrich encouraged staff to keep security in mind as plans are developed. Mr. Berkowitz indicated there are plans for video cameras and access cards. Councilmember Holthus asked about the timeline for completion. Mr. Berkowitz stated it would be ® determined by the Council and the budget. Mr. Dickinson reiterated it will be a Council decision. Councilmember Bukkila stated it was "high time" for the project and welcomed getting to the point © Regular Andover City Council Meeting Minutes —July 5, 2017 Page 5 where the Council will get to see numbers and find out what the project is truly going to cost. Motion by Bukkila, Seconded by Knight, to approve the RFP for the Public Works Vehicle Maintenance Facility, Cold Storage Building & Site Work. Motion carried unanimously. SCHEDULE JULY 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 Bukkila, Seconded by Goodrich, to schedule an EDA Meeting on July 18, 2017, at 6:00 p.m. Motion carried unanimously. SCHEDULE COUNCIL WORKSHOP MEETING Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in © the staff report. The Council discussed the draft agenda and available dates. Motion by Knight, Seconded by Goodrich, to schedule a Workshop Meeting on August 22, 2017, 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. (City Administrator) Mr. Dickinson has been part of the Highway 10 Work Group on behalf of the Council. He also attended the Metro Mayors Association Operating Committee meeting. Census discussions are starting. The City has permitted over 60 new homes. There is significant commercial construction at the intersection of Hanson Boulevard and Bunker Lake Boulevard. Fun Fest will be held in the community the following weekend. (Public Works/City Engineer) Mr. Berkowitz stated Public Works is involved in getting the City Campus cleaned up for Fun Fest. The Woodland Creek Golf Course project is moving forward. He noted the rain really impacts that property and is slowing progress. As the dirt is moved they are finding a significant number of golf balls. They are hopeful that it will be dry enough in July to © proceed. Once the vegetation fills out it will look really nice. It was on the market for years to be sold and then not maintained. City staff has been creative. Mr. Berkowitz asked for patience because it may take a couple of years for vegetation to flourish. At Fox Meadows Park, the grading © Regular Andover City Council Meeting Minutes —July 5, 2017 Page 6 is done and then irrigation will go in. Mid -August is the seeding date target. Street reconstruction in the City is moving along pretty well. Country Oaks North will have a lot of movement by fall. And there will be another housing development with lots available by fall. Trail improvements are also progressing. MA YORICO UNCIL INPUT (WDE Site) Mayor Trude noted the meeting the next day with the Pollution Control Agency regarding the WDE site clean-up. She stated residents will likely not see the excavation. City staff and the Council will see to it that the money set aside by the legislature goes toward the clean-up itself and not for only engineering. (Fun Fest) Mayor Trude encouraged residents to read the City Newsletter for the Fun Fest schedule. Councilmembers and Commissioners will be hosting a booth. The Fire Department will have HeartSafe training. Councilmember Holthus reminded residents about the 5K Fun Run event. (Construction Safety) Mayor Trude reminded residents to drive slowly and carefully during the construction, even below the posted speed limit. © (Public Safety) Councilmember Bukkila reminded residents to close garage doors when they are not in the front yard or away from home and to lock the doors to vehicles and homes. She also confirmed that the City has curfews for young people. Councilmember Knight encouraged residents not to leave computers in their cars in plain view. ADJOURNMENT Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:05 p.m. Respectfully submitted, Marlene White, Recording Secretary C © Regular Andover City Council Meeting Minutes —July 5, 2017 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY 5, 2017 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 2 APPROVAL OF MINUTES........................................................................................................... 2 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/17-38/2462 —138`h Ave NW/WM(R054-17)........................................................................................ 2 Item 4 Approve Cleaning Service Contract/CMT Diversified & First Impressions Buildings, LLC..................................................................................................................................... 2 Item 5 Declare Cost/Order & Adopt Assessment Roll/17-35/16770 Wren St. NW/Septic System(R055-17)............................................................................................................... 2 Item 6 Accept Donation for Safety Camp (R056-17).............................................................. 2 ® DISCUSS APPEAL OF FENCE PERMIT DENIAL/1444 —141 ST LANE NW ............................ 3 APPROVE RFP/17-27/PUBLIC WORKS VEHICLE MAINTENANCE FACILITY, COLD STORAGE& SITE WORK....................................................................................................... 4 SCHEDULE JULY EDA MEETING............................................................................................. 5 SCHEDULE COUNCIL WORKSHOP MEETING....................................................................... 5 ADMINISTRATOR'S REPORT.................................................................................................... 5 (City Administrator).................................................................................................................... 5 (Public Works/City Engineer)..................................................................................................... 5 MAYOR/COUNCIL INPUT.......................................................................................................... 6 (WDE Site).................................................................................................................................. 6 (Fun Fest).................................................................................................................................... 6 (Construction Safety).................................................................................................................. 6 (Public Safety)............................................................................................................................. 6 ADJOURNMENT........................................................................................................................... 6 E