HomeMy WebLinkAboutCC February 21, 2006
~CvJ
W\Jv~ ??~ '&-\) '€i
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, February 21, 2006
Call to Order - 7 :00 p.m.
Pledge of Allegiance
Introduction of Sheriff's Deputies
Proclamation/Mayors' Prayer Breakfast
Resident Forum
Agenda Approval
1. Approval of Minutes (1/17/06 Regular (Continued); 1/31/06 Workshop; 217/06 Regular; 2/7/06 Executive
Session)
Consent Items
2. Approve Payment of Claims - Finance
3. Accept Petition/Order Feasibility Report/05-6011516 - 148th Lane NW/SS - Engineering
4. Adopt Assessment Roll/05-18/Wintergreen Street NW & CSAH 20 Improvements - Engineering
5. Approve Plans & Specs/Order Advertisement for Bids/06-3/2006 Crack Sealing - Engineering
6. Approve City Administrator Review - Administration
7. Approve Plans & Specs/06-4/2006 Seal Coating - Engineering
o
Discussion Items
8. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
9. Consider Feasibility Report/Order Public Hearingl06-2/2006 Overlays - Engineering
10. Consider Lot SplitILot 6, Block 1, Andover Station North - Planning.
11. Consider Conditional Use PennitlZero Lot Line ConstructionILot 5, Block 3, Andover Station North-
Planning
12. Consider State Aid Designations - Engineering
Staff Items
13. Reschedule March 7,2006 Regular City Council Meeting - Clerk
14. Schedule Public Works Workshop - Public Works
15. Schedule Council Workshop - Administration
16. Schedule EDA Meeting - Administration
17. Administrator's Report - Administration
Mayor/Council Input
18. Closed Executive SessionlErar Litigation
Reconvene Regular Council Meeting
Adjournment
o
o
o
o
Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 11
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 21,2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE...................... ........................ ........................ ............................... 1
INlRODUCTION OF SHERIFF'S DEPUTIES ....................................................................... 1
PROCLAMATIONIMA YOR'S PRAYER BREAKFAST ....................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................. ................................................ 1
APPROVAL OF 11IN1JTES ..................................................................................... ................. 2
CONSENT ITEMS
Approve Payment of Claims ......................................................................... ....................... 2
Resolution R020-06 accepting Petition/Order Feasibility Report/1516 -148th Lane
NW /S S .............................................................................. .............................................. 2
Resolution R021-04 adopting Assessment Roll/05-18/Wintergreen Street NW & CSAH
20 Improvements........................................................................... .................................. 3
Resolution R022-04 approving Plans & Specs/Order Advertisement for Bids/06-3/
2006 Crack Sealing .................... .............................................................................. ....... 3
Approve City Administrator Review ...................................................................................3
Approve Plans & Specs/06-4/2006 Seal Coating Res. R023-06 ......................................... 3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received..... ........ ........... ......... ..................... ....... ....... ............ ..... ... ....... ...... ............. .............. 3
CONSIDER FEASIBILITY REPORT/ORDER PUBLIC HEARING/06-2/2006
OVERLAYS
Motion to Deny Res. R024-06 .............................................................................................. 3
CONSIDER LOT SPLIT/LOT 6, BLOCK 1, ANDOVER STATION NORTH
Motion to Approve Res. 025-06 ........................................................................................... 6
CONSIDER CONDITIONAL USE PERMIT/ZERO LOT LINE CONSlRUCTION/LOT 5,
BLOCK 3, ANDOVER STATION NORTH
Motion to approve Res. R026-06..........................................................................................7
CONSIDER STATE AID DESIGNATIONS ............................................................................ 7
RESCHEDULE MARCH 7, 2006 REGULAR CITY COUNCIL MEETING ......................... 8
SCHEDULE PUBLIC WORKS WORKSHOP ......................................................................... 8
SCHEDULE CITY COUNCIL WORKSHOP .......................................................................... 8
SCHEDULE EDA MEETING ........................................................................ ............. .............. 8
ADMINISTRATORS REPORT ................................................................................................ 9
MAYOR/COUNCIL INPUT
Met Council Letter ................................................................................................................ 9
Code Discussion in the Workshop......................................................................................... 9
March Calendar Update .............................................................. ............................ .............. 9
ERAR LmGATION - CLOSED EXECUTIVE SESSION .....................................................10
ADJOURNMENT ........................................................ .............................................................. 10
o
CITY OF
NDOVE
REGULAR ANDOVER CITY COUNCIL MEETING -FEBRUARY 21,2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, February 21, 2006, 7:00 p.m., at the Andover City HaIl, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present:
Don Jacobson. Mike Knight, Ken Orttel (arrived at 7:50 p.m.),
Julie Trude
None
City Attorney, Barry Sullivan
City Engineer, Dave Berkowitz
Community Development Director, Will Neumeister
Others
Councilmember absent:
Also present:
o PLEDGE OF ALLEGIANCE
INTRODUCTION OF SHERIFF'S DEPUTIES
Sheriff Bruce Andersohn introduced the Andover deputies to the Council and City.
PROCLAMATIONIMAYOR'S PRAYER BREAKFAST
Mayor Gamache read the Youth First Mayor's Prayer Breakfast Proclamation for March 17,
2006.
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
o
There were no changes.
Motion by Jacobson. Seconded by Trude, to approve the Agenda Motion carried unanimously.
o
Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 2
APPROVAL OF MINUTES
January 17, 2006, Regular Meeting (Continued): Tabled.
January 31,2006, Workshop Meeting: No action was taken.
February 7, 2006, Regular Meeting: Correct as amended.
February 7, 2006 Executive Session: Tabled.
Councilmember Trude indicated she did not receive the January 31, 2006 Workshop minutes. Mayor
Gamache indicated he did not receive them either.
Councilmember Trude stated in the January 17, 2006 minutes, she asked for the developers
comments of Shaw's Glen of what was to be included in the development and she did not see
anything in the corrected minutes. She thought that if they did not get them in the minutes, they may
not get them in the development. She asked that these minutes be tabled for additional information.
Motion by Trude, Seconded by Jacobson, to table the January 17, 2006 Regular Meeting Minutes
and the February 7, 2006 Executive Session Minutes. Motion carried unanimously.
o Councilmember Jacobson stated he had a change to the February 7, 2006 minutes. On page 9, the
first two lines talks about what the Code allows in the General Business District. He would like to
strike "aacl esed vehicle sales a:s a 60Bditional ese" in this part because it is not true and they do not
have anything for that right now.
Councilmember Trude sated on page 7, third paragraph, they were talking about the trails that are
required as a part of a plat, Kensington Estates 7th Addition, and there is an inaccurate transcription
there. She indicated the sentence should read "Mr. Berkowitz explained that as part of the
development the developer is to construct the trail northeast to the Oaks Park" and she asked that the
rest of the sentence be deleted.
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
Councilmember Jacobson stated on the February 7, 2006 Executive Session, the details they talked
about, the positives, there is really nothing in there that substantiates what was done in the motion.
He thought they should go back and enter some of the positive discussion. He asked these minutes
be continued.
CONSENT ITEMS
o
Item 4
Approval of Claims
Accept Petition/Order Feasibility ReportJ05-60/1516 - 148th Lane NW/SS (See
Resolution R020-06)
Adopt Assessment Roll/05-18/Wintergreen Street NW & CSAH 20 Improvements
Item 2
Item 3
o Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 3
Item 6
Item 7
(See Resolution R021-06)
Approve Plans & Specs/Order Advertisement for Bids/06-3/2006 Crack Sealing (See
Resolution R022-06)
Approve City Administrator Review
Approve Plans & Specs/06-4/2006 Seal Coating (See Resolution R023-06)
Item 5
Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried
nnanimously.
RECEWE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
Councilmember Trude thought January was a very difficult month for the service people and
everyone appreciated all the care that was given to the victims.
o
Councilmember Jacobson understood the Sheriff's Department was having extra patrols on Sundays
and Wednesday nights to patrol the church parking lots because of a rash of break-ins and he
wondered what was going on. Captain Jenkins stated they have had break-ins in several of the area
communities, not only on Sundays, but during the week when there is church. People have found it
to be a target rich environment especially in the darker parking lots. He stated they have set up patrol
details in many of the parking lots. They did make an arrest in East Bethel and believe these people
have been involved in most of them.
CONSIDER FEASIBILITY REPORT/ORDER PUBLIC HEARING/06-2/2006 OVERLAYS
City Engineer Berkowitz stated the City Council is requested to consider the feasibility report for
street improvements for City Project 06-2, 2006 Overlays.
Mr. Berkowitz discussed the staff report with the City Council.
o
Councilmember Trude stated a number of people had a concern about material costs escalating and
she noted she discussed this with Mr. Berkowitz who indicated they already anticipated that with this
year and next year they cannot predict. Mr. Berkowitz stated that was correct. The numbers they
have in the report represent what they expect for the upcoming year and anticipate those numbers
would change. He stated it is hard to anticipate what the number would be.
Councilmember Trude wondered if the costs in the report are assuming a substantial increase in the
cost of concrete. Mr. Berkowitz stated that is correct.
Councilmember Knight thought the concern was mainly the cost of concrete because the residents
o Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 4
o
o
would not be paying for the cost of asphalt. Mr. Berkowitz reviewed the current City policy
regarding road reconstruction with the audience and Council.
Councilmember Trude stated as a member of the Public Works Committee there have been
discussions regarding this item. The Committee and Council have decided to step back and look at a
policy where everybody pays a percentage which is what almost every city does that has an
assessment policy or reconstructs roads.
Councilmember Knight stated any inflation in cost would be on the cement only. Mayor Gamache
stated it would depend on how the policy is set. Mr. Berkowitz stated they would evaluate what the
costs are anticipated to be in 2007 if this project is indeed postponed for one year.
Ms. Anita Alae, 16879 Crocus Street NW, stated they are one of the residents involved in the Lunds
Evergreen seal coating problem. She stated Mr. Berkowitz indicated that their biggest concern was
the cement cost and she did not believe that was correct. She stated their biggest concern was they
did not feel they needed them. They live on a sand basin and do not have problems with drainage.
She stated when looking at the other portions of their particular street, 168th, adjacent to Crocus
Str~t, that area has more problems then they do because the areas the water drains into are plugged
with grass in the summer, leaves in the fall, in the spring they are plugged with debris off the road.
As far as environmental concerns, this is something she has been concerned with. She believes there
needs to be a study done regarding the environmental issues at large. She stated she has been
looking at the pond down at 168th with a more critical eye. That was part of the cement project five
or six years ago. The area where the drainage goes into that pond, the animals and wildlife in that
area, avoid that part of the pond. The problem there is that there is road debris going off into this
runoff ditch. They have leaves that are decomposing on top of this going down into the ditch and
garbage going into the ditch and decomposing. She stated all of these things are flowing down into
the pond creating an environmental area for these animals and wildlife that they cannot live in.
Ms. Alae stated the drainage area in the pond is polluted and it is getting worse every year. She
stated this is going to be a problem with or without the curbing. She indicated that at least without
the curbing, the grass and garbage and contaminants will be able to drain through the sand and by the
time it gets to the water level, the water will be clean for the animals. She stated this is one of her
environmental concerns. She stated this area is rural and they do not need curbs. She indicated they
do not have drainage problems on 168th because of all of the sand in the area
Mr. Sean Galvin, 2648 167th Lane, stated he has a few concerns about the project. He understood
concrete curbs will not change where the water goes. Mr. Berkowitz stated it will provide a flow
way for the water. He stated it will not change the location of where they water goes; it will provide
that open channel for it to get to the location and keep it off the bituminous.
Mr. Galvin stated he was concerned with getting the project going. He did not want this project to be
put off. He was also concerned that it has been two months since this was first contested to even
have this conversation. Mayor Gamache stated this discussion is regarding getting back the
feasibility report so they have the actual dollar amount. The next option is to either go ahead with
o Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 5
the project or deny it and in the meantime they had a discussion to relook at the policy.
Mr. Galvin wondered if they were looking at the concrete curbs or just the assessment policy. Mayor
Gamache stated it would be both. Mr. Galvin stated the curbs are a part of the road as far as
assessments go. He thought if this was going to get done, to do it now. Get the assessments where
they should be and get the project done.
Councilmember Trude thought this project would be moved out a year but would still be on the top
of the road reconstruct list. Councilmember Jacobson thought there were a few reasons why the
Council wanted to look at the policy. The first was this is the first time they have done a real big two
and a half acre rural parcel. The second is the issue of fairness. The third is the issue of the State
Aid funds that go through this project.
o
Mr. Robert Dupont, 2679 167th Lane, thanked the Council for listening to the issues. He stated
ninety-nine percent of the residents in the neighborhood did not see the need for concrete curb. He
stated when the Council starts working on the policy they need to look at the different housing zones.
He thought with assessments, they would want them to be twenty percent or less. He also stated he
did not want to pay all of the inflationary costs so he would like to get this done soon. He asked for a
more descriptive letter from the City explaining what will be involved and the costs to be assessed.
Councilmember Orttel arrived at 7:50 p.m.
Mr. Steve Gelking, 4725 1 60th Lane, wondered what the life span is for concrete versus bituminous.
Another question is if there have been any advances in road technology since the policy was adopted.
He stated a lot of the commitment in 1998 was to urban zones and their area is considered rural. Mr.
Berkowitz stated in certain situations regarding concrete curb, there might have been a material
failure. It can fail within fifteen years. The biggest issue they have with the new standards and
bituminous is that the bituminous itself has gotten so much softer over the years. When this policy
was in place the previous City Engineer looked at the process during the construction of new
bituminous curb. The softness of the material would break up within a few years by the snowplows.
The main problem has been with the new bituminous and the condition and trying to keep that in
place when trying to snow plow.
Mr. Berkowitz stated there are a few new items out there. One is called "ribbon curb". It is actually
concrete without the backing and helps to channel the water off the bituminous into that channel to
flow it away. As of their road base, they have good draining sand underneath which helps them
provide a good drainage system for the roadway.
o
Mr. Gelkey stated one of the concerns is the number of cars going onto the road. There are four to
six cars that use the road during the day, which is very low. He indicated they have had a new
pipeline installed within the last few years and damage was done to the road, which was not repaired.
He thought if there was destruction to their road it was caused by the large trucks going down the
road at that time. Mr. Berkowitz stated they have in place now a right-of-way management program
which helps to repair the roads from that type of damage.
o Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 6
Mr. Gelking wondered if the City has looked into using "ribbon curb". Mr. Berkowitz stated that
curb works in an area where the yard goes up. He stated they could look further into this to see how
effective that type of curb is.
Ms. Margaret Dupont, 2679167th Lane, stated she has heard about the timing of this project and the
Council considering postponing it for a year but they are still having workshops and meetings
regarding changing the policy. She thought time is a key factor because no matter what it ends up,
for some people it will be a financial hardship. If they finish up a policy early on, she asked for
consideration of different zones and to give people adequate notice of the costs so they can save up
some money.
o
Mr. Bob Whitney, 2520 166th Avenue NW, stated he was slated not to have a curb. He stated it
sounds like a lot of the concern was the price of the cement and the concern of the bituminous
version they have today that gets plowed off. He wondered if any consideration has been made to
using a profile that is similar to the concrete version but made entirely of blacktop and would that
reduce the costs. Mr. Berkowitz stated a lot of the concrete they put in place is a surmountable style.
Surmountable style would still allow water to flow on the bituminous and they would still have the
breakdown in that flow line of where that roadway would be. He stated that is something they would
have to look at and he did not know if there was something out there like that.
Councilmember Trude thought the standard was concrete curb throughout the Twin Cities. Mr.
Berkowitz stated that was correct.
Councilmember Jacobson stated the Council understood the resident concern and when they start
looking at a policy, they would appreciate input.
Motion by Jacobson, Seconded by Trude, to deny the feasibility report for street improvements in the
area ofLunds Evergreen Estates 2nd _5th Additions and the area referred to as the Stenquist Addition,
City Project 06-2, 2006 Overlays. Motion carried unanimously. (Res. R024-06)
CONSIDER LOT SPLITILOT 6, BLOCK 1, ANDOVER STATION NORTH
o
Community Development Director Neumeister stated the Andover Economic Development
Authority (EDA), which owns the lot, is requesting the lot split. The lot split will allow sales to two
developers to move forward. Parcel A will be sold to Bruggeman Builders to be included in the
Parkside at Andover Station development. The EDA is working with a developer who intends to
build office condominiums, similar to those found in Andover Station, on Parcel B.
Mr. Neumeister discussed the staff report with the Council.
Motion by Jacobson, Seconded by Orttel, to approve the lot split. Motion carried lImmimously. (Res.
R025-06)
o Regular Andover City Council Meeting
Minutes - February 21,2006
Page 7
CONSIDER CONDITIONAL USE PERMITIZERO LOT LINE CONSTRUCTION/LOT 5,
BLOCK 3, ANDOVER STATION NORTH
Community Development Director Neumeister explained a conditional use permit is required to
allow commercial buildings to be constructed up to a property line as indicated in the following
section of the City Code:
12-5-2: Side and Rear Setback Exclusions: In all B districts and all I districts, the side and rear
setback requirements may be excluded, provided party walls are used. Such exclusion from side and
rear setbacks shall be permitted only after issuance of a conditional use permit.
Mr. Neumeister discussed the information with the City Council.
Motion by Jacobson, Seconded by Orttel, to approve the proposed conditional use permit subject to
the conditions of the attached resolution. Motion carried unanimously. (Res. R026-06)
o
CONSIDER STATE AID DESIGNATIONS
City Engineer Berkowitz explained the City Council is requested to approve the Municipal State Aid
(MSA) designations as recommended by the Public Works Committee.
Councilrnember Knight stated option A does not make sense to him because it is going through the
turkey farm, which is in Ag. Preserve. Councilrnember Trude stated this is looking into the future.
Councilrnember Orttel thought they decided a few years ago that the routes had to be valid routes and
that they would not just draw lines on the map anymore. Councilrnember Trude stated when the
farms sell in twenty-thirty years, there will be roads going in.
Councilrnember Jacobson stated when they look at a lot of the State Aid designations they have, they
know they will probably not be built. They are place holders. Councilrnember Trude stated they do
not want to short mileage when there are a lot of road reconstruct projects coming up.
Mr. Berkowitz stated the challenge they have here is that State Aid roads have to meet certain
requirements and they usually have to tie a County road to a County road and as they build out, it
gets more difficult to designate new mileage. There is an option to not designate mileage at this
time.
o The Council reviewed the map and discussed the options to determine which should be MSA routes.
Councilrnember Trude wondered if they could draw a line to the north on Veterans Memorial
Boulevard to connect two State Aid roads.
0,
o
o
Regular Andover City Council Meeting
Minutes - February 21,2006
Page 8
Mr. Berkowitz stated he would recommend going with B & C at this point.
Motion by Jacobson, Seconded by Knight, to approve Options B & C as new MSA routes.
Mayor Gamache asked if they make changes to the map. Mr. Berkowitz stated they do and the State
and MnDot need to approve this too.
. Motion carried unanimously.
RESCHEDULE MARCH 7, 2006 REGULAR CITY COUNCIL MEETING
It was noted precinct caucuses will be held on Tuesday, March 7, 2006, which is a regular Council
meeting night.
Motion by Orttel, Seconded by Knight, to reschedule the March 7, 2006 Regular City Council
meeting to Wednesday, March 8, 2006. Motion carried unanimously.
SCHEDULE PUBLIC WORKS WORKSHOP
Motion by Trude, Seconded by Orttel, to schedule ajoint Public Works/City Council Workshop for
Thursday, March 16, 2006 at 7:00 p.m. Motion carried unanimously.
SCHEDULE COUNCIL WORKSHOP
It was noted the Council is requested to schedule a Special Council Workshop for the month of
March for a number of miscellaneous business items.
Motion by Jacobson, Seconded by Trude, to schedule a Council Workshop for Tuesday, March
28,2006 at 6:00 p.m. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Trude, Seconded by Jacobson, to schedule an EDA meeting at 6:00 p.m. on
Wednesday, March 8, 2006. Motion carried unanimously.
ADMINISTRATOR REPORT
Community Development Director Neumeister updated the Council on significant City
Department activities, meeting reminders and miscellaneous projects.
o Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 9
City Engineer Berkowitz updated the Council on road improvements projects in the City.
MAYOR/COUNCIL INPUT
(Letter from Met Councilj - Councilmember Knight wondered if they could move this item to the
workshop meeting to discuss further. Councilmember Trude wondered if they could get more
information. Councilmember Orttel stated it implies there is a new State law that requires them to
put in low cost housing. Mr. Neumeister stated it is a State Statute on Comprehensive Planning Law.
Councilmember Orttel wondered when this was enacted. Mr. Neumeister stated it is the State law
requiring cities to do Comprehensive Plans. He stated he would have more information for the
workshop.
o
(Code Discussion in the Workshop) - Councilmember Trude wondered if they will finish up the Code
in the workshop. Mr. Neumeister thought it would be discussed at the March workshop.
Councilmember Trude stated when they get that back again she wanted it to not be just the old staff
reports, she wanted someone to look at the minutes because the reason they were tabled was issues
that all the Councilmembers had brought up and when she looked at this for the last workshop, that
direction from the Council was not there and if it is not in the minutes. She would like someone to
listen to the tape. She wanted to make sure the Council's direction was followed before they look at
it again.
(March Calendar Update) - Councilmember Trude asked for a March calendar with the new meeting
dates and times.
The City Council recessed at 8:43 p.m. to go into an Executive Session to discuss the ongoing
Erar Litigation.
The City Council reconvened at 9:10 p.m.
ERAR LITIGATION
o
Mayor Gamache stated the Cable person left the building and could not be reached and so he
recommended they schedule a special City Council meeting for February 28th at 6:00 p.m. before
their work session. He asked to have the City Administrator post this for resident notification
regarding item 18, the Closed Executive Session.
Motion by Jacobson, Seconded by Trude, to reschedule Item 18, Erar Litigation, to the February 28,
2006 Workshop meeting at 6:00 p.m. Motion carried unanimously.
o Regular Andover City Council Meeting
Minutes - February 21, 2006
Page 10
Motion by Orttel, Seconded by Trude, to adjourn. Motion carried nmmimously. The meeting
adjourned at 9:39 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
o
o