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Home My WebLink AboutCC July 17, 2007 o DATE Julv 17. 2007 ITEMS GIVEN TO THE CITY COlJNCIL > June 2007 Monthly Building Report o Orte'l~ PLEASE ADDRESS'Tl-IESEITEMSAT THISMEE11ING OR PUT THEM cON ' THE NEXT AGENDA, o THANK YOU; G:\STAFFlRHONDAA\AGENDA\CC L1ST.doc o o o CITY OF ANDOVER 2007 MODthI BDUdin. ReDort I I TO: Mayor and City COUDcil FROM: Don Olson I , JUNE BUILDING PERMITS PermitIPlaD Tax Total Valuation 12 Residential $ 28,221.42 $ 1,10457 $ 29,325,99 $ 2,209,149,00 Single Family 12 28,221.42 1,10457 29,325,99 2,209,149,00 Septic - Townhome - 8 Additions 5,236,77 109.40 5,346,17 218,800,00 I Gmages 678,89 13.50 692.39 27,000,00 I Basement Finishes 100.00 050 10050 2 Commercial BniIding 1,753,95 41.00 1,794,95 82,000.00 Pole BldgsIBarns - Sheds I . 5 Swimming Pools 441.27 6.20 447.47 12,400,00 Chimney/StoveIFireplace - 3 Structura1 Changes 140,65 2,15 142,80 3,800,00 3 Porches I 443.27 6.20 449,47 11,904,00 30 Decks I 3,03450 45,29 3,079.79 90,580,00 Gazebos I - I Repair Fire Damage 63.15 0,90 64,05 1,800,00 49 Re-Roof 2,500,00 2450 2,52450 20 Siding 1,050,00 10.00 1,060,00 I Other 2,794,69 11250 2,907.19 225,000,00 , 5 Commercial Plumbing 1,042.41 17,66 1,060,07 34,615,00 5 Commercial Heating 1,771.44 40,70 1,812,14 81,400,00 4 Commercial Fire Sprinkler 256,05 6,28 262,33 12,131.80 Commercial Utilities - Commercial Grnding - - - I 150 Total BniIding Permits $ 49,528.46 $ 1,541.35 $ 51,069.81 $ 3,010,579.80 PERMITS PermitIPlan Tax Total Fees CoUected 150 BniIding Permits 49,528.46 1,541.35 51,069,81 Ag BniIding - Curb Cot . I Demolition 100.00 100,00 Fire Permits - Footing - Renewal . Moving - 47 Heatiog 2,480,00 23.50 2,50350 17 Gas Fireplaces 1,000,00 850 l,oo.s50 48 Plumhing 3,125,00 24,00 3,149,00 150 Pumping 2,250,00 2,250,00 2 Septic New 100,00 1.00 101.00 5 Septic Repair 300,00 2,50 30250 12 Sewer Hook-Up 300,00 300.00 12 Water Meter 600,00 600,00 Sewer Change OverlRepair - Water Change Over I - 14 Sac Retainage Fee I 23450 23450 12 Sewer Admin. Fee I 180,00 180,00 13 Certificate of Occnpancy 130,00 130.00 12 License Verification Fee 60.00 60,00 Reinspection Fee - Contractor License , . 29 Rental License I 2,175.00 I 2,175,00 - Health Authority I - 524 TOTALS $ 62,562,96 $ 1,600.85 $ 64,163,81 $ 3,010,579,80 Total Number of Homes YTD 2007 62 Total Number of Homes YTD 2006 90 Total Valuation YTD I 2007 $ 16,681,253,60 Total Valuation YTDI I 2006 $ 16,748,869,42 Total BuDding Department Revenue YTD 2007 $ 294,685.27 Total Buildin2 DepartmeDt RevenDe YTD 2006 $ 386,739,95 o o -Q 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US " Regular City Council Meeting - Tuesday, July 17, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/14/07 Joint Mtg. wIPark Commission; 7/3/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Order Plans & Specs/Approve Plans & Specs/Order Quotes/07 -7/2007 Trail Maintenance - Engineering 4. Declare Cost/Order Assessment Roll/05-15/ Andover Station North Ball Field hnprovements - Engineering 5. Approve Diseased Tree Policy - Engineering 6. Receive Assessment RolllWaive Public Hearing/Adopt Assessment Roll/07-29/14555 Round Lake Blvd. NW/SS & WM-Engineering 7. .. Receive Assessment Roll/Order Public HearingiWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels - Engineering 8. Order Plans & Specs/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM- Engineering 9. Approve Wayside Horn License Agreement with Anoka County/06-10 - Engineering 10. Approve Hold Harmless & Easement Encroachment Agreement/2598 - 1 54th Lane NW - Engineering 11. Acknowledge ResignationlRetirement Public Works Superintendent - Administration Discussion Items 12. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 13. Award Bid/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De- Sac) - Engineering Staff Items 14. Schedule August Workshop - Administration 15. Schedule EDA Meeting - Administration 16. Administrator's Report - Administration Mayor/Council Input Adjournment o o o 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: July 17,2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: July 3, 2006 June 14,2007 Regular Meeting (Gamache absent) Joint Park/Council Meeting (Trude absent) DISCUSSION Copies of the minutes are attached for your review. ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, iLL- ()~ Vicki V olk City Clerk @ o o o I 2 3 4 5 6 7 8 9 IO II 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 JOINT CITY COUNCIL & PARK AND RECREATION COMMISSION MEETING- JUNE 14, 2007 MINUTES The Joint Meeting of the City Council and Andover Park and Recreation Commission was called to order by Mayor Mike Gamache on June 14,2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers Present: Mayor Mike Gamache, Don Jacobson, Mike Knight and Ken Orttel Councilmembers Absent: Julie Trude Commissioners Present: Chair Dan Masloski, Jeremy Boyer, Ted Butler, Jim, Lindahl, Peggy Scott, and Tony Kowalewski Commissioners Absent: Wendy Albee Also Present: Parks Coordinator Todd Haas, and Jim Dickinson City Administrator DISCUSS REQUEST NEIGHBORHOOD PARK CLOSING TIMES Chair Masloski indicated that some residents had put together a presentation at a previous Commission meeting regarding park closing times. The Commission was inquiring where the Council was on the issue. Mayor Gamache stated that Council dealt with the issue in the past at Pine Hills Park with vandalism and littering. Mr. Haas noted a park sign was damaged and a set of bleachers has been stolen in the past. Commissioner Lindahl added that a hole was burned in a slide. Mr. Angell representing the citizen's group stated the picnic table also had to be replaced. Chair Masloski noted the Sheriff's Department could check some of the situations. The Sheriff's Department stated it could have the Community Service Officer (CSO) do extra patrol in the area. Councilmember Knight inquired if they are mostly neighborhood kids. Mr. Angell answered that most of them are from the neighborhood. o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 2 1 Councilmember Knight questioned if they had been confronted. Laura Landes from the 2 Sheriff's Department responded that the neighborhood kids might not be in violation of 3 curfew. If crime watch neighbors called in there was no recourse as they were not 4 violating any of the rules. 5 6 Commissioner Lindahl stated the timeframe proposed would restrict free skating and the 7 sliding hill in the winter, and other summer activities. He inquired about the time the 8 incidents occurred according to the data. Ms. Landes responded that there was difficulty 9 in accessing the data because many parks did not have addresses, so documentation 10 varied and she could not accurately pull up the data. She indicated there were four parks 11 that she could not obtain any data on. 12 13 Mr. Angell stated that 50% of the issues were after dark until 11 :00 p.m. Ms. Landes 14 added that she did question the deputies about the park. Typically most of the issues 15 were juveniles in the park, suspicious vehicles, or parking after hours. 16 17 Commissioner Boyer inquired about the location of the security light. Mr. Angell 18 responded that it is between the parking lot and the playground. 19 20 Councilmember Jacobson suggested as a first step a letter could be written to parents in 21 an adjacent 3-block area of the park. Mr. Angell stated that it is occurring at all the 22 parks. 23 24 Mr. Dickinson stated that in the past, the City had advertised it in the newsletter. Ms. 25 Landes responded that they usually would take the minors home and speak with the 26 parents. 27 28 Mayor Gamache indicated he would like to tie it to the ordinance. He inquired about 29 what occurred in the winter with a half hour after sunset. Councilmember Knight 30 answered that some went with school year/non-school year designation. 31 32 Chair Masloski recommended it be season specific to not inhibit games. At the present 33 time the city code is concrete. 34 35 Councilmember Jacobson stated that if someone had a permit, they could exceed the 36 normal park closing time. He inquired if there were other remedies. Councilmember 37 Knight answered that problem areas could be targeted. 38 39 Mr. Angell stated that the kids could not be seen from the park trees or houses. 40 41 Mayor Gamache recommended it be tied to curfew laws. He recalled that a similar 42 situation occurred at Red Oaks Park causing its closing. Mr. Haas responded that 43 curfews used to vary then it changed to one consistent time to ease in enforcement. 44 o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 3 I Mayor Gamache recommended an increase in patrols could make it more difficult to have 2 trouble. Another consideration is that trails are connected to the parks. 3 4 Councilmember Knight suggested putting it in the newsletter. 5 6 DISCUSS PROPOSED PARK IMPROVEMENTS/PARK COMPREHENSIVE PLAN/ 7 06-46D 8 9 Chair Masloski reviewed the background stating that Mr. Haas highlighted four main 10 parks and the type of improvements that are being recommended so that the parks are II more multi-use year-round facilities. 12 13 Councilmember Jacobson stated that irrigating would be extremely expensive. Mr. 14 Dickinson indicated that they had not approached Oak Grove lately concerning a joint 15 effort. They might have changed their minds. 16 17 Chair Masloski added that North Metro Soccer had expressed interest in helping with 18 funding. 19 20 Councilmember Jacobson expressed concern over the playground equipment at Kelsey- 21 Round Lake Park because he believed it would be a nature park. Chair Masloski 22 responded it would be nice to have equipment if a conference room was installed for 23 meetings. 24 25 Councilmember Knight noted it would have to be staffed. Councilmember Jacobson 26 added that there would be problems with vandalism. 27 28 Mr. Dickinson stated that a security system would have to be included. 29 30 Councilmember Orttel indicated the playground equipment would detract from the nature 31 center. Chair Masloski explained that the park could be used for scholastic use. 32 33 Councilmember Jacobson stated it would have to be heated in the winter, but indicated 34 the idea was there. 35 36 Commissioner Kowalewski inquired about possible DNR involvement. Commissioner 37 Lindahl mentioned they had shown some interest. 38 39 Mr. Haas stated that grant money could be available, and the DNR has been involved in 40 similar efforts with this park in the past. 41 42 Chair Masloski stated the park is rich in history. Councilmember Knight agreed, noting 43 that there were many Native American conflicts occurring on site. 44 o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 4 1 Mayor Gamache added the Anoka Glacial Lake was also there leading to Taylors Falls, 2 so he believes it is worth investigating. He noted there is no water or sewer there. 3 Councilmember Orttel indicated that there was regional impact with settlers, so the DNR 4 and the County might be interested. 5 6 Mr. Haas stated the purpose of including it in the Proposed Park Improvements is that it 7 could be plugged into the Park Dedication Fee formula. 8 9 Councilmember Jacobson expressed concern about the scale of the project with the 10 interpretive center. Chair Masloski responded that the $500,000 with a matching grant 11 could make it possible. 12 13 Mr. Dickinson explained the park dedication fee has other factors and statistical analysis 14 that are not exclusively tied to new growth. 15 16 Chair Masloski mentioned that trends should be revisited. Mr. Dickinson indicated it 17 should be done every five years. 18 19 Councilmember Jacobson inquired about the water tower removal and asked if a new one 20 be installed. Mr. Dickinson answered the City is attempting to sell it to a neighboring 21 community. 22 23 'Councilmember Jacobson stated there have been neighborhood meetings. Chair 24 Masloski indicated that it would be green space, a playground, and a ball field. 25 26 Councilmember Jacobson expressed concern that the rural reserve has not been included. 27 Mr. Dickinson stated that Mr. Haas addressed it in his memo. 28 29 Mr. Haas stated that in 2002, Council requested one more, large complex, and that the 30 Rural Reserve would probably take care of itself. Mr. Dickinson added with the water, 31 sewer and parks, to include the Rural Reserve area would skew the numbers. 32 33 Chair Masloski stated that the Commission would be eager to be a part of the process 34 when the Rural Reserve area occurs. 35 36 Mayor Gamache inquired if the proposed location for the skate park at Sunshine Park is 37 wooded. Mr. Haas stated that adjacent to it are woods, but there is a flat portion that 38 could be paved. 39 40 Mr. Dickinson noted there are sparse trees. 41 42 Mayor Gamache expressed his desire to protect the neighbors. Mr. Haas responded that 43 they would still try to screen the neighbors. 44 o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 5 1 Mayor Gamache inquired about Hawk Ridge Park. Mr. Haas indicated that Public Works 2 requested that the parking lots be paved. Overall, the Public Works Department 3' requested that regional parks be paved. 4 5 Councilmember Knight questioned the number of players from Oak Grove. Tom Hoopes 6 from North Metro Soccer stated that about 4% of the players are from Oak Grove, but 7 they supply 30% of the fields. He clarified that it is an Andover Club, but they cover 8 several cities. 9 10 Mayor Gamache inquired if Oak Grove would be willing to help. 11 12 Mr. Haas stated the large park was not addressed because it is a large complex. 13 14 Mr. Dickinson inquired about the kind of complex they are suggesting, to have it put into 15 the analysis for computation. 16 17 Councilmember Jacobson noted Andover is a young community that might have different 18 needs through the years. Councilmember Orttel indicated the numberlhousehold 19 decreased by 20%, which might require refiguring the needs. 20 21 Mr. Dickinson agreed. He had seen it reflected in the decrease in building numbers. 22 23 Mr. Hoopes inquired about the reason people are moving out of the community, and was 24 the City is doing to keep the next generation as residents. Councilmember Orttel stated 25 that jobs need to be created. 26 27 Councilmember Knight stated there was a trend that a husband would live where his wife 28 was from. Mayor Gamache stated that the jobs being created are at the community 29 center, Target, and restaurants, but the housing values are high. There are not enough 30 lower cost homes. 31 32 Councilmember Jacobson cautioned against overbuilding, but a better mix housing stock 33 could probably be achieved. 34 35 Mr. Dickinson stated the population is at 45,000, but with the Rural Reserve it would be 36 over 50,000. Mayor Gamache noted they want multi-use parks. He cautioned against 37 having the Park Dedication Fees too high because it would increase the cost of the 38 homes. 39 40 Mr. Dickinson noted that if there was a purchase agreement he felt it could be safely put 41 into the plan. It could mirror about 75% of Sunshine Park. Mr. Haas clarified it would 42 be more like 50% of Sunshine Park. It could be a major complex. 43 44 Mr. Dickinson wants to see enough facilities for the city to run their own program, but he 45 did not want to tie down land costs. o o o Regular Andover Park & Recreation Commission Meeting Minutes-June 14,2007 Page 6 1 2 Mr. Hoopes the Events Coordinator for North Metro Soccer stated that for 25 years they 3 were the only soccer opportunity in Andover. They have been cooperating with Lacrosse 4 and Football, but they are losing fields. In addition, overuse has destroyed the fields. He 5 believes the City is giving field use to another town. If existing fields could be made 6 usable, it would have a great impact. He noted there were many irate parents because 7 North Metro Soccer was not recognized in Andover. He indicated their program 8 provided teams for kids ages four and up, while the Minnesota Revolution took the best 9 players from their organization. Even so, the association continues to grow. He 10 expressed concern that the best fields were going to Anoka teams, while Andover teams 11 had to play in St. Francis where they had to pay for fields. They discontinued using Fox 12 Meadows Park because it was mud, then were said to be abandoning fields. 13 14 Mayor Gamache indicated irrigation and wells require considerable funding. He 15 mentioned the topic offield usage fees. He asked ifboth associations met the criteria. 16 Chair Masloski responded that the issue was there were not enough fields, soccer had 17 been left out, and admitted that the fields were not in good condition. However, he noted 18 that the recognition did not go to another city. 19 20 Mr. Hoopes stated that the residents knew which association was for Andover residents. 21 He indicated that if the association is to assist the City financially, they need some 22 protection. Chair Masloski answered that it is a common problem, where an organization 23 is not community-based, but advertised as a community program. He still believes the 24 real issue is that there are not enough fields. 25 26 Mr. Hoopes suggested that North Metro Soccer be recognized based on their history. He 27 added the High School has recognized the association. Chair Masloski responded that the 28 soccer governing body has no boundaries. 29 30 Mr. Hoopes inquired if the City wants them to change their name. Chair Masloski 31 answered it would clear up the confusion for residents. He noted the City is providing 32 fields, but not enough fields. 33 34 Mr. Haas stated that the wear and tear occurs because they need days off, and yet they 35 need to practice. Mr. Hoopes stated they could not use fields in Blaine because they had 36 to be rented by the hour. He appreciated what the Commission is doing, but the concern 37 is that the other association is getting fields with two players on a team. 38 39 Chair Masloski stated he reviewed the numbers, and the Minnesota Revolution could 40 actually receive more fields according to the percentage. 41 42 Mr. Hoopes inquired where the numbers were from. Mr. Haas responded that it was from 43 the application. The [mal numbers could not be calculated until later. The City trusted 44 the associations were being honest. 45 o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 7 1 Mr. Hoopes stated that the proposed amount to be recognized is 51 % required, but then it 2 was changed to 51 % targeted. 3 4 Mr. Haas indicated that they are trying to encourage the 50%. 5 6 Councilmember Jacobson suggested going by the previous years numbers. Mayor 7 Gamache agreed. He noted that 1/3 of the residents who play soccer go to Anoka. 8 9 Mr. Dickinson stated he would compute the numbers for one additional park and attach 10 the cost. 11 12 DISCUSS PARKS AND OPEN SPACE CHAPTER/PARK COMPREHENSIVE 13 PLAN/06-46D 14 15 Chair Masloski reviewed the background. In the previous meeting changes were 16 suggested in the document. He asked if there were any questions. 17 18 Councilmember Jacobson had one overall comment. An Open Space Committee was in 19 the process of being formed. He suggested they go over the document in a joint meeting. 20 He asked when the deadline is for the approval. Mr. Dickinson stated it is in three 21 months. 22 23 Councilmember Orttel stated they are looking for land donations and land trusts. Mr. 24 Dickinson responded they were interesting concepts for landowners. 25 26 DISCUSS 2008-"2012 CIP 27 28 Chair Masloski stated playground equipment is needed, soccer facilities and a skate park. 29 Because home sales are declining, the CIP is being decreased for needed things. At 30 present, there is a negative balance; however if Hawk Ridge was removed, it would be 31 balanced. Multi-use parks are a goal, and one method to help reach the goal might be to 32 begin charging user fees and signage, possibly a referendum. 33 34 Councilmember Jacobson indicated it is nice to have new buildings but he believes 35 maintenance is being overlooked. He requested that repairs be itemized. Chair Masloski 36 answered that the CIP enhances the parks, while the maintenance is done by Public 37 Works. 38 39 Mr. Dickinson stated that they are maintaining without irrigation. In addition, equipment 40 is needed to bring four parks into ADA compliance. 41 42 Councilmember Knight asked how many parks are not in the MUSA. Mr. Haas stated it 43 is 70%. 44 45 Councilmember Jacobson wants to enhance what already exists. o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 8 1 2 Councilmember Knight added if a standard fann well is a possibility. Commissioner 3 Lindahl responded that Public Works would have to determine if it is possible. 4 5 Mr. Dickinson stated if a fann well were permitted and certifiable as potable, a well 6 would pay for itself at Sunshine Park. 7 8 Commissioner Lindahl inquired about the reason it was not discussed in Public Works, 9 because they understood the need. Chair Masloski clarified there is a concern it would 10 drain water from other wells. 11 12 Mayor Gamache stated it would be $100,000 to drill a well at Hawk Ridge, and $250,000 13 for a regular well. Mr. Dickinson indicated the well size might be limited, in addition to 14 other agencies involvement such as the DNR, the Department of Health and others; 15 residential wells might be affected because of the City's significant water use. He noted 16 that irrigating Sunshine Park is very expensive. The housing market growth in the City is 17 in the single digits from the previous 13-15%. 18 19 Chair Masloski stated the CIP is bare bones. Baseball, soccer, and lacrosse need fields. 20 As one commissioner, as all sports benefit, more people would support a referendum. 21 Councilmember Jacobson stated the seniors would not be able to support it on a fixed 22 income. He inquired if two fields could be irrigated with a simple well at Hawk Ridge 23 Park. 24 25 Mr. Haas stated a building like the one at Prairie Knoll Park would be needed. 26 Councilmember inquired if only a part could be potable. 27 28 Councilmember Jacobson indicated that there was a savings on the lighting at Andover 29 Station North. Mr. Dickinson answered the $17,000 savings went to the building per 30 Council approval. The developer will be the largest contributor to the park. 31 32 Chair Masloski stated that if playground equipment is installed, it needs to be protected, 33 however he hoped it would also be aesthetically pleasing because of its high visibility to 34 the community. 35 36 Chair Masloski stated that Mr. Dickinson has given the impression it could be postponed 37 until 2009; so finishing it immediately might not be as critical. 38 39 Mayor Gamache suggested Andover Station North and Crooked Lake Boat Landing be 40 completed in the CIP, and postpone the rest. Commissioner Lindahl stated Andover 41 Station North was higWy praised by the players. 42 43 Chair Masloski stated the skate parks are heavily used at all times of the day. The 44 structures the City has would not last much longer. Councilmember Jacobson added the o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 9 1 church probably would not allow the skate park located there indefinitely; a permanent 2 home is needed. 3 4 Chair Masloski indicated that in Champlin, 40 kids participated in their competitions with 5 4-5 of those kids going to camp put on by the city. The stereotype causes people to 6 complain. Mr. Dickinson stated there are few problems in other communities if the skate 7 park is visible. It has been very successful. 8 9 , Chair Masloski recommended the City speak with adjacent neighbors. Commissioner 10 Lindahl stated that the noise comes from the banging of the boards. 11 12 DISCUSS PARK NAMING POLICY 13 14 Mr. Haas stated the Commission is interested in a contest. Mr. Dickinson stated that 15 Andover Station North is not a park but an outlot, so it is not on park dedicated land. 16 17 Commissioner Scott inquired the reason for funding it with park funds. Mayor Gamache 18 responded that they want the area to look nicer. 19 20 Mr. Dickinson stated if demographics change, it could be used in a different way. Parks 21 are designated parks forever. Councilmember Orttel added that designated parks could 22 not be redone without a major procedure. , 23 24 Mayor Gamache stated that parks are usually named by the developer. Mr. Haas added 25 that it is usually taken from the name of the plat. 26 27 DISCUSS MEMORIAL PLAQUE POLICY 28 29 Commissioner Kowalewski noted signs were put up at Sunshine Park in Fields 5 and 6. 30 Mr. Haas stated that took place long ago commemorating people who passed away. 31 32 Chair Masloski stated the Commission discussed the issue of a centralized location, or all 33 over the City. 34 35 Councilmember Jacobson noted it stated that there would be no scattering of ashes on 36 park property. Was it necessary to state, when it was already against state law? He 37 suggested 3 or 4 choices in style of plaques or benches. Councilmember Orttel 38 mentioned the City should have a standard. 39 40 Mr. Haas stated there are wood benches outside of City Hall. He admitted that concrete 41 is more durable, however skateboarders love to skate on them because they prefer 42 concrete. 43 44 Councilmember Jacobson inquired if it should state the Park Commission should address 45 each request. o o o Regular Andover Park & Recreation Commission Meeting Minutes-June 14,2007 Page 10 1 2 Councilmember Orttel questioned if there has been a request for it. Commissioner 3 Lindahl stated they had a request for a tree. 4 5 Commissioner Kowalewski added there was a request for a plaque at Prairie Knoll Park. 6 7 Chair Masloski was in favor of a centralized location for memorials. It would solve 8 several issues, people could tell the stories to their children. The concept is gaining 9 popularity. 10 11 Councilmember Knight stated that someone put a memorial on the building at Prairie 12 Knoll Park. 13 14 Councilmember Jacobson inquired if someone wanted to memorialize a famous person 15 would they be allowed to. Chair Masloski answered that they included native born. 16 17 Commissioner Butler stated he preferred using the word resident. 18 19 DISCUSS ANDOVER STATION NORTH BALL FIELD FACILITY/STATUS OF 20 PLAYGROUND EQUIPMENT/07-16 21 22 Mayor Gamache stated the location of the playground is uncommon. Chair Masloski 23 answered it could not be between fields because of the drainage issues. 24 25 Councilmember Orttel noted the cost of protection is high. Mayor Gamache stated it 26 includs 8-foot fences. 27 28 Councilmember Jacobson inquired if the netting would need to be replaced in about 5 29 years. Chair Masloski answered they could last 8-10 years if they remove it each year. 30 31 Mayor Gamache asked if there is any room near the small field in the East. Mr. Haas 32 responded there is a trail. 33 34 Councilmember Orttel believed the playground was expendable, and the quotes might not 35 be meaningful. He asked if it is possible to put it near the parking lot. Mr. Haas stated 36 the traffic makes it problematic. 37 38 Mr. Dickinson referred to the last two pages of the packet. He inquired if protection was 39 provided, would there be liability. Chair Masloski answered that the City should provide 40 protection. 41 42 Mayor Gamache inquired about the tree-like posts in the plan. Mr. Haas explained the 43 posts are tree-like with branches to hold the net up at a cost of $25,000. 44 45 Chair Masloski clarified it is more, but not significantly more. o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 11 1 2 Councilmember Jacobson suggested pushing it out a year. Mr. Dickinson mentioned it 3 could be reevaluated with the developer. 4 5 2008-2012 PARKS CIP 6 7 Chair Masloski stated there was a $100,000 window to maintain for the CIP to be 8 balanced, if not it would be a negative balance. Mayor Gamache stated the large item is 9 Hawk Ridge Park. IO 11 Mr. Haas noted that they tried to spread projects out, however they need $50-100,000 12 available. 13 14 Mayor Gamache referred to the parking lot at Prairie Knoll Park. Mr. Haas responded 15 that staff is recommending curb and gutter paving. 16 17 Mayor Gamache recommended holding Hawk Ridge Park, and looking into irrigation 18 wells. 19 20 Chair Masloski stated they are still at a negative balance. Commissioner Lindahl noted 21 that they cannot be seeded without irrigation. 22 23 Mayor Gamache stated the warming house and the parking lot are the expensive items. 24 He inquired about a plan for the warming house. Mr. Haas answered it would be small. 25 Hawk Ridge Park would be larger similar to Prairie Knoll Park. 26 27 Commissioner Kowalewski asked if they are going to begin gathering volunteers. Mr. 28 Haas answered that the numbers assume that Public Works has no time. If they had time 29 to grade, there would be additional savings. 30 31 Chair Masloski inquired if they wanted Hawk Ridge Park removed from the CIP. Mayor 32 Gamache clarified he thought it should be trimmed down. 33 34 Commissioner Scott mentioned that North Metro Soccer might be willing to help. 35 Councilmember Jacobson stated they probably would want exclusive use of the fields. 36 37 Commissioner Butler stated that they would be allocated proportionately. 38 39 Chair Masloski noted that what North Metro Soccer said was accurate. Commissioner 40 Kowalewski added especially if the Minnesota Revolution was taking their elite players. 41 42 Councilmember Jacobson recommended that the numbers from the previous year be 43 used. Chair Masloski stated that hours were spent discussing the issue; the two 44 associations do not like each other. 45 o o o Regular Andover Park & Recreation Commission Meeting Minutes - June 14, 2007 Page 12 1 Commissioner Kowalewski gave a similar example with football. 2 3 Chair Masloski explained he wants Andover residents protected. 4 5 Councilmember Jacobson asked if there is enough communication between Council and 6 the Commission. Chair Masloski answered the first two years he felt lost, but he like the 7 directives, and believes the joint meetings are helpful. 8 9 Mayor Gamache indicated a fall meeting is needed to review the numbers. 10 11 Chair Masloski stated there are also the factors of non-residents and tournaments. 12 13 Mayor Gamache asked for clarification that soccer is paying for fields in St. Francis. Mr. 14 Dickinson clarified that youth play for free. 15 16 Mr. Haas added that if it is an out of town tournament, there is a fee. 17 18 Councilmember Knight mentioned town baseball. Chair Masloski stated that there are 19 open fields on Saturdays and Sundays. 20 21 Mr. Haas noted all the fields are booked up for tournaments each weekend. 22 23 Councilmember Jacobson commented on Meadow Creek School. Chair Masloski 24 indicated that the City could work cooperatively with them. He gave an example from 25 Rochester, MN. He noted that the school district did not want to work with the City. 26 27 Commissioner Kowalewski mentioned the associations could try to pool their money. 28 29 Mr. Dickinson stated that concessions at Sunshine Park exceeded expectations. 30 31 ADJOURNMENT 32 33 Motion by Councilmember Knight, seconded by Mayor Gamache, to adjourn the meeting 34 at 9:49 p.m. Motion carried on a lO-ayes, O-nays, I-absent (Albee) vote. 35 36 Respectfully submitted, 37 38 39 Bridgette Blesi 40 Recording Secretary 41 42 43 44 45 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 3, 2007 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 3,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... I RESIDENT FORUM ...............'.................................................................................................. 1 AGENDA APPROV AL.............:............................................................................................... 1 APPROVAL OF MlNUTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R091-07 accepting Petition/Order Feasibility Reportl05-24/1950 -157th Lane NWISS WM, St. S. & Str. .....................................................................................2 Resolution R09207 declaring Cost/Order Assessment RoIV07-29/14555 Round Lake Boulevard NW/SS & WM .............................................................................................. 2 Resolution R093-07 declaring Cost/Order AssessmentRolllWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels ...............................2 Approve Bunker Lake Boulevard NW Circuitry Upgrade Agreement/06/10...................... 2 Accept Petition/Order Feasibility Reportl07-34/S Yz of Section 24/N Yz Section 251 Street Lighting (Res. R094-07) ....................................................................................... 2 Approve Irrigation Agreement Form with AssociatiollS...................................................... 2 Approve Open Space Commission Bylaws ......................................................................... 2 CONSIER LOT SPLIT/16090 MAKAR STREET NW Motion to Approve (Res. 095-07).......................................................................................... 2 CONSIDER V ARIANCE/SIDE YARD SETBACK/l 5924 XEON STREET NW Motion to Approve (R096-07) ..............................................................................................3 CONSIDER REZONING/R-l TO R-4IWOODLAND ESTATES 3RD ADDITION Motion to Approve (Ord. No. 347) ....................................................................................... 4 PUBLIC HEARINGN ACATION OF EASEMENT AND STREETIWOODLAND ESTATES 2ND ADDITION Motion to Open Public Hearing............................................................................................ 4 , , Motion to Close Public Hearing ........................................................................................... 5 Motion to Approve (Res. R097-07( ...................................................................................... 5 CONSIDER PRELIMINARY PLATIWOODLAND ESTATES 3RD ADDITION Motion to Approve (Res. R098-07) ...................................................................................... 5 CONSIDER PRELIMINARY PLAT/TIMBER TRAILS 2ND ADDITION Motion to Approve (Res. 099-07)......................................................................................... 7 APPROVE ORDINANCE AMENDMENT/CITY CODE 4-4-3/GRASS HEIGHT Motion to Approve (Ord. 348) ..............................................................................................9 ADMINISTRATOR REPORT ..................................................................................................9 MAYOR/COUNCIL INPUT Bunker Prairie Park Monitoring Well................................................................................... 9 Railroad Crossing Upgrade ............... ................................. .......... .......................... ............... 9 Fun Fest. ................................. .... ........ ................................................ ...................... .... ......... 10 Bunker Lake Boulevard Median ........................................................................................... 10 ADJOURNMENT............................................................................;......................................... 10 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - JULY 3, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken Orttel, July 3, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Mike Gamache City Attorney, Scott Baumgartner City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Noone wished to address the Council. AGENDA APPROVAL Remove from Consent Items for discussion Item 3, (Approve Ordinance Amendment/City Code 4-4- l!Grass Height). Councilmember Jacobson indicated on item 10 there were a few changes he found. Under the By- Laws 1.03 Membership it reads "the Term Member". Member should be deleted so it reads "The Term of each Commissioner". Under 1.08, the second line begins with the word Department, it reads "This Commission is a Board" and the word "Board" should be stricken and replaced with "Commission". Councilmember Trude thought they should alphabetize the list of powers so ifthey have to refer to them later it would be easier to refer to. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes -July 3,2007 Page 2 APPROVAL OF MINUTES June 19,2007, Regular Meeting: Correct as amended. Councilmember Trude indicated she had a couple of minor changes to the minutes on page 4, line 21, should be "...impre'.'ed approved container". On page five, line 18, the word should be "...safety dewatering...". On page 7, line 40, second sentence should be "...has to '.vas ffi:1e..." Councilmember Jacobson indicated on page 6, line 7, and the word "set" should be deleted after drawing. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. June 20, 2007, Council Workshop: Correct as written. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS . Item 2 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 10 Approval of Claims Accept Petition/Order Feasibility ReportJ05-24/1950 -157th Lane NW/SS WM, St. S. & Str. (See Resolution R091-07) Declare Cost/Order Assessment Roll/07 -29/14555 Round Lake Boulevard NW ISS & WM (See Resolution R092-07) Declare Cost/Order Assessment RolllW oodland Crossings (05-32), Shaw's Glen (05- 24), Cardinal Ridge (05-20) & Adjacent Parcels (See Resolution R093-07) Approve Bunker Lake Boulevard NW Circuitry Upgrade Agreement/06-1 0 Accept Petition/Order Feasibility ReportJ07-34/S Yz of Section 24/N Yz of Section 25/ Street Lighting (See Resolution R094-07) Approve Irrigation Agreement Form with Associations Approve Open Space Commission Bylaws Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER LOT SPLIT/16090 MAKAR STREET NW The applicant is proposing to split the subject property as shown in the survey. Mr. Neumeister explained there was one condition that should be added to the Resolution stating o 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes -July 3,2007 Page 3 "The applicant shall provide a right-of-entry to the pond area". Councilmember Jacobson stated it should read "right-of-entry to build upon area" because they are going outside of the easement area for the ponds. Mr. Berkowitz stated that is correct. There will be more work done outside of the easement. They will also be stockpiling some material on the site for a short-term basis, which has been discussed with the applicant, and they do already have a right of entry that they have put together and the applicant has agreed to that right-of-entry. Motion by Knight, Seconded by Trude, to approve the proposed lot split subject to the conditions of the attached resolution as amended. Mr. Berkowitz indicated the applicant is agreeing to move into a right-of-entry agreement with the City for the work as described. Councilmember Trude thought that was a good idea and indicated this should be Condition 5 in the Resolution. Motion carried unanimously. (Res. R095-07) CONSIDER VARIANCE/SIDE YARD SETBACK/15924 XEON STREET NW The applicant is seeking approval of a variance to allow a deck to be constructed in the side yard of their corner lot. Councilmember Jacobson stated in the resolution they need to delete the word "Deny" in two places and under the Whereas he would like to delete Items two, three and four and renumber the rest. Councilmember Trude wondered if these are the variance conditions and she would prefer to leave all of them in because this will come up again and they have more homes in the neighborhood that have those boards that they all would like to see decks on. Councilmember Jacobson stated these items do not fit the definition of hardship according to the law so he would like to strike them. Councilmember Trude asked for the City Attorney's opinion regarding this. City Attorney Baumgartner stated he agrees this does not technically fit the definition of hardship. He did not know that leaving it in would create additional problems; it further delineates this situation and the Council's reasoning or the factor supporting this decision. It is not necessary to have it passed from a hardship standpoint but it further delineates the circumstances surrounding this particular property. Councilmember Trude asked if the word "fmdings" do not have to be limited to findings for the variance. City Attorney Baumgartner stated they do have to have the applicable findings to show the hardship but as long as they have the significant fmdings to demonstrate the hardship they won't have any additional problems with that. Councilmember Jacobson stated he brought this up because this could be setting a precedent and if that is a criterion they will use in the future, they will have a problem. He stated he would o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 3, 2007 Page 4 compromise with keeping two in and take out three and four and renumber. Motion by Jacobson, Seconded by Knight, to approve the lot split amending the Resolution as amended. Motion carried unanimously. (Res. R096-07) CONSIDER REZONING/R-l TO R-4/WOODLAND ESTATES ~ ADDITION The Council is asked to review the proposed rezoning to allow the Woodland Estates 3rd Addition to move forward. Councilmember Jacobson suggested they discuss all three items together. Councilmember Trude indicated she would like to approve the rezoning because it fits their City plans. Motion by Knight, Seconded by Trude, to approve the rezoning request based upon the fact that times and conditions have changed. Motion carried unanimously. (Ord. No. 347) PUBLIC HEARING/VACATION OF EASEMENT ANDSTREET/WOODLAND ESTATES r ADDITION The applicant is seeking to vacate a portion of an existing drainage and utility easement and street right-of-way to accommodate the Woodland Estates Third Addition Plat. Councilmember Jacobson stated on Outlot A it was his understanding after discussions with the Planning Commission and staff that there will be some realignment of Outlot A and all of lots 1-5 are going to be slightly changed and it is not reflected on the particular layout the Council has. The Council discussed the different Outlot As on the Vacation of Easements and Preliminary Plats. Mr. Neumeister noted there is a correction that the applicant needs to make on the Outlot A sliver for the vacation of easement. Councilmember Trude wondered if they need to add a condition to include this. Mr. Dickinson stated they will have to hold the public hearing for the vacation. Councilmember Jacobson stated his concern on Outlot A is if they go to the Preliminary Plat, it does not show on the plat the same as it shows on the drawing for the Vacation of Easement. Councilmember Trude wondered if the applicant could name the two outlots as Outlot Al and Outlot A2 so there is not any more confusion. More Council discussion centered on the two Outlot As. Motion by Knight, Seconded by Jacobson, to open the public hearing at 7:22 p.m. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 3, 2007 ' Page 5 No one wished to address the Council. Acting Mayor Orttel stated he still did not see where the outlot affected the right-of-way because he thought the outlot was outside of it. Mr. Neumeister stated the outlot is separate from the street right-of-way. He stated the outlot is actually a portion of a future single family lot that was being set aside when this was first drawn. Acting Mayor Orttel stated this should be addressed at the Preliminary Plat. Mr. Neumeister indicated that is correct. Acting Mayor Orttel indicated Councilmember Jacobson stated the outlot was different between one plat and the other and he wondered which was correct. Mr. Neumeister stated on page four of the drawings, it correctly shows the street vacation of easement and on page three is the discrepancy. He stated the question would be if they will be getting a corrected drawing that shows the amount of vacation. Acting Mayor Orttel stated the outlot on page three is an easement but he was not sure ifit was shown as one on page four. Councilmember Trude stated the resolution has to conform to one of them. Councilmember Jacobson stated he did not have a problem getting rid of the easement but he wondered if they could make it contingent upon the Attorney and Engineer looking at the documents to make sure that they are consistent and correct. Mr. Neumeister thought this was a technical issue and the one on page four needs to show up on page three. Councilmember Trude stated they need to have some accuracy with their legal documents from tonight also. Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:25 p.m. Motion carried unanimously. Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of easement and street right-of-way. Mr. Berkowitz stated there are two different drawings. On page three there is a drawing for the drainage and utility easement; the legal is presented on that exhibit. The legal is what is most important. As they go to page four, this legal is just for the street right-of-way easement so between the two legals, they will confirm that the two legals are correct and then it will be vacated appropriately. Motion carried unanimously. (Res. R097-07) CONSIDER PRELIMINARY PLAT/WOODLAND ESTATES ~ ADDITION The Council is asked to review the proposed preliminary plat ofW oodland Estates 3rd Addition. The proposed plat divides the property into 13 residential lots and one outlot. Mr. Neumeister stated they would like to add condition 12 to this item, which states "The developer o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 3, 2007 Page 6 shall work with the City to adjust the retaining wall on lots 1-5 of block 2 to preserve trees". Councilmember Trude wondered if the reason for the condition is because the drawing of the retaining wall is not accurate. Mr. Neumeister indicated there were some concerns from the neighbors to the east that the drawing on page 11 was shown as two straight lines and they would like to adjust that wall to preserve additional trees and he believed Mr. Westlund indicated he would be willing to work with the neighbors to try to meander that line to save a few more trees. Councilmember Trude wondered when something like this is built as part of a lot, over time if there would be some type of natural disaster and that wall needs to get rebuilt, is it the individual homeowner's responsibility to maintain that. Mr. Berkowitz indicated they have discussed this with Mr. Westlund on how that would be handled and it will be understood through the sale of that property that those retaining walls are the responsibility of each individual homeowner from lot line to lot line. Councilmember Trude wondered how the City can make sure the retaining walls are maintained and kept up. Mr. Berkowitz thought that would be a code enforcement issue. The Council reviewed the Preliminary Plat with staff and the developer. Councilmember Jacobson wondered if Mr. Westlund has looked at the outlot on the Preliminary Plat and adjusted the lots. Mr. Westlund indicated that with the layout of the home, they feel there is no adjustment necessary for this lot. They felt the home would fit appropriately on the lot. Mr. Westlund stated they have agreed with staff to combine the south Outlot A with Lot I, Block 2, if and when this goes through so that it will be created and added to the parcel to the north that they own. Councilmember Jacobson asked on Lot 1, Block 1, where the easement is for the access to the pond, is there anything in Woodland's documents that would prevent a fence or anything from being built so it would be impossible for City vehicles to get down there. Mr. Berkowitz stated that is the reason they have their fence permit process, to ensure fences are not put in vehicle maintenance access locations. He stated he has been contacted by a potential buyer that is looking at possibly moving that and his recommendation was he discuss that with the developer and they bring that proposal back into the City for review. Councilmember Trude stated Verdin Street was planned to be a connector street going north and potentially all the way up to 161 st in their transportation plan. Mr. Berkowitz stated Verdin Street at that location will connect to Veterans Memorial Boulevard. Councilmember Jacobson stated on the Resolution it states "The Preliminary shall conform to plan stamped received by the City on June 22, 2007." He wondered if this is the correct date. Mr. Neumeister indicated that is correct. o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 3, 2007 Page 7 Councilmember Jacobson stated in the Resolution, item number 4 says "Outlot A", the one on the north end, "shall be combined with the adjacent property at the time the plat is recorded". He stated the plat will be in the MUSA line and the other one won't and one is in Ag. Preserve and the other is not and he wondered how they will legally combine the outlot into the other area when they are so different, legally speaking. Mr. Westlund stated he was not sure of the tax ramifications but they can do a courtesy combination, which they have done in the past. He did not think there would be an issue of recording as long as there are not any assessments. Councilmember Jacobson stated in the resolution under Item 6, the last line states it cannot be recorded with Anoka County before the Preliminary Plat and he thought it should read "final plat" in the resolution. Mr. Neumeister indicated that is correct. Mr. Fred McCormick, 15172 Uplander Street, stated they are adjacent to the property and they along with some of the neighbors have talked to Mr . Westlund about their concerns regarding the retaining wall. As it stands there is just a fifteen-foot leeway and many trees have root systems as big as fifteen feet so they are not really saving a lot of trees. He stated there are some older red oaks and other trees and they want to second the idea of working with the developer to see if they can save a few more trees by making that line a little more sinuous and not just straight. Motion by Jacobson, Seconded by Knight, to approve the preliminary plat with the following changes: Under Now There For It Be Resolved: Item 6, the word "Preliminary Plat" should be changed to "Final Plat" Item 12, state "The developer will adjust the retaining wall to save trees". Motion carried unanimously. (Res. R098-07) CONSIDER PRELIMINARY PLAT/TIMBER TRAILS :J"D ADDITION The 18-acre property was the subject of an abatement process over the last two years. The house was left abandoned, declared a hazardous structure, and removed under direction from the City Council. The land has been purchased and the new owners have submitted this six-unit preliminary plat. The City Council is asked to review this preliminary plat. Councilmember Trude stated one of the residents had commented on the construction of a right lane as opposed to a by-pass lane and it does seem like the traffic comes from the south and not from the north and it does not make a lot of sense to have a south bound right turn lane off their street that is taking commuters out from the center cities. She wondered if this conformed to what the County asked for. Mr. Berkowitz stated the County has two requirements when it comes to plats of this size. The first is they construct a by-pass lane and a right turn lane minimum. The other is they can construct a right turn lane as long as you provide adequate site lines or site comers. By the o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 3, 2007 Page 8 abatement and by the demolition of that existing home, it opened up the site lines so the minimum requirements at this time are a southbound right turn lane. Councilmember Jacobson asked on block 1 between lots 1 and 2, there is a trail easement to get back to the park and he wondered how they will let the people who buy these lots know that is there. Mr. Rick Olson, Ruud Land Surveying stated that recommendation was made by the Park Commission between lots 1 and 2 and he talked to the developer and he was hoping to move the trail to the north line oflot 1. Councilmember Trude thought that might create a problem with that existing home to do that without involving them in a public hearing or conversation. She stated if the existing homeowner agreed to it she did not have a problem. Mr. Olson stated the developer would be willing to talk with them about it. Councilmember Jacobson wondered why the developer would want to move the trail. Mr. Olson stated he felt that by having the trail between the two properties, it would separate the development. Councilmember Jacobson stated there was some discussion where l.77th comes out to Tulip Street and right across the street is a home and vehicle lights would shine in the windows. He wondered if the developer is going to work with the residents across the street to fIx the problem or help them. Mr. Olson stated the developer indicated he would provide screening in the adjacent property owner's yard. Councilmember Jacobson thought this should be added as a condition in the resolution. Councilmember Trude wondered if they could add this to the resolution because it is not part of the plat. Councilmember Jacobson thought they could make it contingent upon that. Councilmember Trude thought it was the property owner's decision with the developer and not a part of the plat because they cannpt go off the plat and make demands. Mr. Olson stated they can take care of this before, the Final Plat with the owner. Acting Mayor Orttel wondered if there is an offsite pond. Mr. Berkowitz stated there is a certain amount of drainage allowed to leave the site so they had to model that to show that. They are handling the water on-site and not exceeding the discharge rates that already exist today. Councilmember Trude thought staff should review the issue with the trail and she would like to also have the property owners whose backyards the trail would be in to be informed because it was not part of their plat. Acting Mayor Orttel agreed. Motion by Jacobson, Seconded by Knight, to approve the Preliminary Plat subject to the conditions of the attached resolution with two additions: 1. Page 4, Item 8, Prior to approval of the final plat the developer will have worked with the residents across Tulip Street from 177thto remedy vehicle lights coming in the windows at night. 2. Item 9, Council retains the right to reconsider the trail location at the time of Final Plat. o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes -July 3,2007 Page 9 Motion carried unanimously. (Res. R099-07) APPROVE ORDINANCE AMENDMENT/CITY CODE 4-4-3/GRASS HEIGHT Based on input from a number of residents, the City Council indicated that they would like the maximum allowable height for grass to be lowered from 12 to 8 inches on urban sized lots. Councilmember Trude stated she would have preferred the six-inch herself but did not have support. She stated this makes it easier for the enforcement staff. Motion by Councilmember Jacobson, Seconded by Councilmember Trude, to approve the Ordinance Amendment. Motion carried unanimously. (Ord. 348) ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Bunker Prairie Park Monitoring Well) - Councilmember Jacobson wondered how the monitoring well at Bunker Prairie Park was going with the dry weather. Mr. Berkowitz stated the monitoring system is not in place yet. He stated they finaled up the agreement with the County and they had to take it back to the County Board for approval. It has been approved and they are going to be getting a DSL line installed there and then within a few weeks they will be getting the equipment installed. (Railroad Crossing Upgrade) - Councilmember Jacobson stated the railroad crossing upgrade could be anywhere from six to eight months and he wondered if they will have something by this fall for at least Bunker. Mr. Berkowitz stated the wayside horn agreements have finally been executed, they have been sent to BNSF and once they have approved them, then the six to eight months start. As for the improvements, Bunker Lake Boulevard median construction is going to start in August. The horns will continue to blow until the BNSF rail line finishes their work, which could take six to twelve months. The wayside horns are anticipated to be installed in August and they are trying to fmalize a few details. The improvements will be in but they will not be activated until the interconnects are done through the railroad which will be six to twelve months. o o o Regular Andover City Council Meeting Minutes - July 3, 2007 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (Fun Fest) - Councilmember Trude stated Fun Fest is coming up on Saturday and invited everyone to come. (Bunker Lake Boulevard Median) - Councilmember Orttel asked if the City has mowed the medium down on Bunker. He thought they were working on an agreement with the all the tenants at the shopping center. Mr. Berkowitz indicated they did mow down all of the materials there. The County has approved a material called a Poly Pave, which is a combination of granite and some oil that will be a fInished project. Mr. Neumeister is working on some smaller planting areas to maintain. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:17 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary o o o @ 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims & Debt Service DATE: July 17,2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $141,899.93 on disbursement edit lists #1 - #2 from 07/03/07 to 07/10/07 have been issued and released. Claims totaling $698,574.18 on disbursement edit list #3 dated 07/17/07 will be issued and released upon approval. Debt service payments totaling $1,757,560.66 are due on August 1,2007. These are scheduled debt service payments. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $2,598,034.77. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, lilj~rf Lee Brezinka Attachments: Debt Service Schedule Edit Lists CITY OF ANDOVER 0 Debt Service Payments Due August 1, 2007 Principal Interest Total General Obligation Revenue Bonds 2002 G.O. Water Revenue Bonds $ $ 197,398.75 $ 197,398.75 2004 EDA Public Facility Lease Revenue Bonds 478,663.13 478,663.13 2006A EDA Public Facility Lease Rev Refunding Bonds 282,818.33 282,818.33 2007 EDA Public Facility Lease Rev Refunding Bonds 170,323.13 170,323.13 2007B G.O. Water Revenue Refunding Bonds 102,022.73 102,022.73 Improvement Bonds 2005A G.O. Improvement Bonds 59,286.25 59,286.25 Tax Increment Bonds 2003B Tax Increment Refunding Bonds 215,000.00 10,960.00 225,960.00 2004B Tax Increment Refunding Bonds 46,862.50 46,862.50 Certificates of Indebtedness 2005B G.O. Equipment Certificate 900.00 900.00 2006B G.O. Equipment Certificate 8,339.38 8,339.38 2007A G.O. Equipment Certificate 11,653.33 11,653.33 Capital Improvement Bonds 2004A Capital Improvement Bonds 52,633.75 52,633.75 2005B Capital Improvement Bonds 3,507.50 3,507.50 0 Permanent Improvement Revolving Bonds 2003A PIR Bonds 27,502.50 27,502.50 2006A PIR Bonds 45,540.63 45,540.63 State Aid Bonds 2001 B State Aid Street Bonds 44,148.75 44,148.75 $ 215,000.00 $ 1,542,560.66 $ 1,757,560.66 o ~ "- 0 0 0 0 0 0 0 0 z z z z z z Z -i:i -i:i -i:i -i:i -i:i -i:i -i:i " " " " " " " .. :g :g :E :E :g :g :g ... = $ '" = = = = = = f u.l u.l ~ u.l u.l u.l u.l ~ ::c: ::c: 0 ::c: ::c: ::c: ::c: ~ ~ u ~ u u u < < < < < o ~ ~ o ..... </) ...... ~ (I)c..... ......0 ~~ ~~ ~] r:J:lU 1:: ~ ;::s'S 8 a Co) 0 <u .... o o ~ '" "'~ ".... ~ ~. .ro"" k3 i ~~ :::E "- o N .. .. J:J e = z _0 ..N ,,0 <>- ='" " , 00 ,,"0 "'" "'''' ..."'1" <>- "0 .c_ Uo - ... ... -< .. - 0: Q - = .. e >> 0: Q. .... o o ~ '" ~ .... o - = = ::> e -< .... .... on on r..:~ ........ t"'l"'~ -- = .S - Q, .;: ... '" .. 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'3 0- cW a ~ 0._ .s Q.. g~ ~J5 .2 ~-a "",,- ~~~ ~t;~ 00" ~~O "" " :c ..:< " " ~ ,... i.: " ";!'" ;;N >..,. 00;:: ..; .... '" oQ '" -0 0; ..:< " 5~ c::U '- ..:< " " ... " " .e.o U Ei ~ " '=2 "Ss o " ,..,.. ~ c.. '" <:'l '" .... o o C:! N t:: e - '" ::3 '- " e c.. ..:< " " .e U ~ " :;; 0. Ei " U , , :;;: o o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: CC: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, City Enginee FROM: SUBJECT: Jason J. Law, Civil Engineer ill Order Plans & Specs/Approve Plans & Specs/Order Quotes/07-07/2007 Trail Maintenance - Engineering DATE: July 17, 2007 INTRODUCTION The City Council is requested to order and approve plans and specifications and order quotes for Project 07-07, 2007 Trail Maintenance. DISCUSSION In 2004 a Pavement Maintenance Program was put in place for the City of Andover's Trail System. The report outlined a 5-year capital improvement program to rehabilitate and repair the trail system throughout the City. This project is the third phase ofthe program and would include improvements on the trail system as highlighted on the attached map. BUDGET IMP ACT This project is identified in the 2007 - 2011 Capital hnprovement Plan. ACTION REQUIRED The City Council is requested to approve the resolution ordering and approving the plans and specifications and ordering quotes for Project 07-07, 2007 Trail Maintenance. Respectfully submitted, fttoew- o Attachments: Resolution & Map @ o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS, APPROVING FINAL PLANS AND SPECIFICATIONS AND SOLICITING FOR QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 07-7, FOR 2007 TRAIL MAINTENANCE. WHEREAS, the City Council is cognizant of the need for maintenance and improvement of the trail system; and WHEREAS, the project is identified in the 2007 - 2011 Capital Improvement Plan; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of City Project 07-7, 2007 Trail Maintenance; and o BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer to prepare the plans and specifications for such improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications and to hereby direct the City Engineer to seek quotes for the improvements. MOTION seconded by Councilmember City Council at a reqular meeting this 17th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of July , 2007 , with voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor o Victoria Volk - City Clerk Q o to- o I to- o 0.: o ~ ~ ~ ~~ ~~ ~~ ~ ~ nrEJ=NSSN'lf o co c:i Ul ~ ::i: o '" o '" Ul N ~ o ~ '" N ~ o o ~:f :.G. ~f :>:0 ~u '" ~ <( " c g C1l Z j m. <:: <:: W 'n; 'i': ::< $ C) = ffi !l S. <.J 'E W~","1D~Q)~ ro: 0 ~ .... .. ~ ...Jt=~U5~~u (" ~ ~ ~~ _. en ~ CI)"2 ~ = CIl .. II) C) .. l:! ~-~:: + ::l '6>~ c<c ", c GJ :s >- Z .... ~w>oc t.g~ 5 S. > c... <.J .;;; 0 <c 0 C1l iii: "0 c.:.c: ~ <cg <c iD "" _ 0 ~ ~ 0. ~ :I-=l o o o 0) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: Mayo,..d Council Memb= ~ Jim Dickinson, City Administrator David D. Berkowitz, City Engineer CC: FROM: SUBJECT: Declare Cost/Order Assessment RoW05-15/Andover Station North Ball Field Improvements - Engineering DATE: July 17, 2007 INTRODUCTION The City Council is requested to declare the costs and order the preparation of the assessment roll for Project 05-15, Andover Station North Ball Field Improvements. DISCUSSION The Andover Station North Ball Field Improvements project has been completed and the project costs are being assessed in concurrence with the 429 assessment process. The initial estimate of the assessment amount (construction only) identified in the feasibility report for this project was $786,994.67. The final assessment for the project is $821,334.21, which includes all expenses and indirect costs. After declaring the costs the assessment roll will be prepared and presented to the City Council for approval. Water main was constructed to loop the water system to the Parkside at Andover Station development and serve the ball field building. The cost of the water main shall be funded by the City's Trunk Water Fund. Also attached is a letter waiving the assessment hearing for the Ball Field Improvements. BUDGET IMP ACT Park Dedication Funds will pay the assessments for the ball field improvements and the City's Trullk Water Fund will cover the water system improvement costs. ACTION REOUIRED The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 05-15, Andover Station North Ball Field Improvements. Respectfully submitted, 0&, David D. Berkowitz Attachments: Resolutio~ssessment Worksheet{ Letter Waiving Right to Assessment Hearing/' o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH, PROJECT NO. 05-15. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, Andover Station North Ball Field Improvements have been constructed for a total project cost which includes indirect costs of $881.462.85 and charges previously assessed in the amount of $0.00 , so that the total cost of the improvement will be $881.462.85 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid for water system improvements by the City is hereby declared to be $60.128.69 the amount to be assessed against benefited property owners (Ball Field Improvements) is declared to be $821.334.21 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of ~ years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 17th day of Julv , 2007 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o Project Name: Feasibility Report Estimated Construction ANDOVER FINAL ASSESSMENT WORKSHEET Andover Station North Ball Fields March 8. 2006 Total Ball Field Improvements Water Main * The Cost Includes All Indirect Costs Related To The Project Expenses Administration (3%) Assessing (1%) Bonding (0.5%) Construction Interest Total Estimated Expenses Expenses Multiplier Final Project Cost Total Amount to be Assessed o Total Ball Field Assessment Total City Cost (Water Main) o Project No. : 05-15 Amount: $ 786.994.67 (Construction Only) . $ 754.551.15 $ 55.239.60 Amount: $ 809,790.75 $ 24,293.72 $ 8,097.91 $ 4,048.95 $ 35.231.52 $ 71,672.10 8.8507% Amount: $ 881,462.85 $ 881,462.85 $ $ 821,334.21 60,128.69 PRELIMINARY ASSESSMENT WORKSHEET EXHIBIT 6 o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US July 12, 2007 David Berkowitz City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 ORe: City Projects 05-15/Andover Station North Ball Field Improvements I have reviewed the costs for Andover Station North Ball Field Improvements and agree with the assessment worksheet. I am willing to waive the public hearing. "- o o o o (3) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members .CC: Jim Dickinson, City Administrator David Berkowitz, City Engineer FROM: Kameron Kytonen, Natural Resources Technician SUBJECT: Diseased Tree Removal/Sanitation Enforcement Policy - Engineering DATE: July 17, 2007 INTRODUCTION Staff has put together a policy detailing the process and procedures involved with . enforcement of trees affected with insect and disease problems. DISCUSSION There are many insect and disease problems continuing to affect many different species of trees in the City of Andover. Timely sanitation, which refers to removal and proper treatment of the wood of the trees, is a key component in preventing further spread to healthy trees. A program run in accordance with this policy will bring about consistency and help improve the chances for grant opportunities with other entities, including the Minnesota Department of Natural Resources (DNR). ACTION REOUESTED It is requested that the City Council approve the policy. !f.#/fullY SUb,mrAitted, /~- . amero~n n Natural Resources Technician o o o fWftJ!JIF7f' 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US City of Andover Diseased Tree Removal/Sanitation Enforcement Policy Summer 2007 o @ftJ!JIF7f Table of Contents Page Section I. General Policy Statement 3 Section II. Diseased Tree Enforcement Process 4 Section III. Hiring City Contractor 6 Section IV. Abatement and Assessment Process 7 o o 2 o fWftJ!JIF1! Diseased Tree Removal/Sanitation Enforcement Policy Section 1. General Policy Statement The City of Andover is home to many specimen trees and woodlands of valuable trees including but not limited to oak, maple, ash and pine. Each year, the future of these resources is under increased pressure due to factors including development and insect and disease problems. The City considers diseased trees to be public nuisances. This policy outlines the strategies that will be used to ensure that diseased trees will be properly treated. This will help save more trees in the community and offset the effects of all insect and disease problems in our urban and community forests. o Currently, oak wilt and Dutch elm disease are two diseases that have wreaked havoc on each species of trees respectively. Each year, hundreds of trees die from these aggressive diseases. Because of the nature of how the diseases spread, proper sanitation of the diseased trees is an important step in preventing further spread to healthy trees. In general terms, sanitation refers to removing and properly treating the wood of the trees, which can be done in one or more of many different ways. Other insect and disease problems, such as the emerald ash borer (EAB), offer additional long-term concerns. This particular insect kills all species of ash trees and has killed millions of ash trees in the Detroit area; it is threatening to move into Wisconsin and Minnesota. Because of the large populations of ash in Minnesota and the difficulty in controlling this insect, its arrival in this state could be devastating. Due to these ever-growing concerns, it is critical that local units of government insert policies and work with property owners to increase awareness of these current and potential threats. It is equally important that local units of government take a proactive approach to ensure that diseased trees are properly treated by established deadlines. o 3 o @ftJ!JIFif Diseased Tree Removal/Sanitation Enforcement Policy Section II. Diseased Tree Enforcement Process Overview: The following outlines the general process of how the Natural Resources Technician (NRT) or designee will handle typical situations as a result of a positive diagnosis of diseased trees on private properties in the City of Andover. These practices are governed by Minnesota Statutes 18GJ3. The specific actions taken are based on tree diseases that are considered through Andover City Code and State Law to be public nuisances. o How Property Inspections of Diseased Trees are Initiated: There are generally three different scenarios that trigger an initial property inspection. They are: ' 1. A property owner (PO) requests the City to perform an inspection on their own property; 2. A complaint is made from another source that requests the City to perform an inspection on a given property; and 3. Diseased tree(s) noticed in the field by the City. General Enforcement Process: A general process shall be followed based on how the first inspection was initiated. Under each scenario that triggers the first inspection, a series of steps to betaken by the City will be listed. 1. PO Requests Inspection on Their Property: a. NRT or designee shall visit site and evaluate property; will consult with PO and explain findings; b. NRT or designee shall send Declaration of Nuisance (see "attachment I") to PO; and c. Compliance check done by NRT or designee. i. Iffound to be in compliance: no finther action taken at this time ii. If found to be out of compliance: refer to Section IV. o 2. An Inspection on a Given Property Stemming From Complaint: a. NRT or designee shall visit site and evaluate property first; will leave notice (see "attachment 2'') or send initial letter (see "attachment 3") to PO if nuisance(s) detected; i. Call back (from PO): 1. NRT or designee will consult with PO and explain findings; 4 o @ftJ!JIF7f 2. NRT or designee shall send Declaration of Nuisance to PO; and 3. Compliance check done by NRT or designee a. If found to be in compliance: no further action taken at this time b. If found to be out of compliance: refer to Section IV. n. No call back (from PO): 1. NRT or designee shall send second letter (see "attachment 4") and Declaration of Nuisance to PO; and 2. Compliance check done by NRT or designee a. If found to be in compliance: no further action taken at this time b. If found to be out of compliance: refer to Section IV. 3. Diseased Trees Noticed in Field by the City: a. NRT or designee shall follow all the same steps as scenario #2 above. Additional details: o o . "In compliance" refers to property owners who take all of the measures listed in "attachment 6;" . NRT or designee may mark diseased trees with tree marking paint, ribbons, etc. and/or map them at any time; . NRT or designee shall promptly notify potentially affected, adjacent property owners of disease existence in area (see "attachment 5"); . NRT or designee will provide adequate literature including, but. not limited to, information on the disease(s) present, a list of licensed Andover tree care companies and a handout on proper disposal and treatment of diseased wood (see attachment 6''); . NR T or designee will send a reminder letter no later than January 15 to property owners who have diseased trees that are considered public nuisances, which will indicate intentions to inspect (perform compliance check); . If NRT or designee encounters property where there are no trespassing signs and/or there is resistance from a property owner, the accompaniment of a sheriff will be requested prior to inspection; . Standard compliance checks will begin no earlier than February I of each year and will go until all recorded properties have been addressed; . Special Compliance checks will begin no earlier than the date on the Declaration of Nuisance for that particular property. 5 o @ftJ!JIFlf' Diseased Tree Removal/Sanitation Enforcement Policy Section III. Hiring City Contractor Each year, the City shall hire one contractor to perform removals and/or treatments of trees considered by the City to be public nuisances. This contractor will be utilized by the City when property owners have failed to meet the deadline set forth in the Declaration of Nuisance. Additional details on this are as follows: o 1. The City will set up a bid opening, inviting all Andover licensed tree care companies to submit sealed bids on removal and proper treatment of diseased trees; 2. Interested contractors will provide bids on tree removal and treatment requirements as specified by the NRT or designee including but not limited to the following: a. Cutting down the tree and leaving the stump no higher than 2 inches above the finished grade; b. Hauling away and properly treating all of the wood and brush 3. The City will formulate a formal contract with the hired contractor, which will outline all of the pertinent details describing expectations, responsibilities, timeframes, penalties, etc.; and 4. The length of the contract will be from February 2 to December 31 of each year. There may be situations that have special circumstances. A situation involving a property containing a large volume of diseased trees may be encountered. This may occur on land of a large property owner, such as a farmer. ill these instances, the NRT or designee will decide whether or not it's feasible to use the City contractor for the work. These cases may render the need to hire a logger or land- clearing company to perform the work. If this situation occurs, the NRT or designee will have the right to get at least two bids from contractors of this sort and hire it out. If the bid from a contractor exceeds 10% of the land value or a maximum of $10,000, the nuisance abatement will be subject to City Council approval prior to condemnation. o 6 o @ftJ!JIFr Diseased Tree Removal/Sanitation Enforcement Policy 'Section IV. Abatement and Assessment Process. For those property owners who fail to abate the public nuisance(s) noted on their property, the City will abate the public nuisance(s) and assess the property as follows: 1. 2. 3. 0 4. 5. 6. o The NRT or designee will quantify the number and sum up the total diameter of all of the trees to be condemned; The City contractor will be notified to review the property and will submit a proposal to the City within the timeframe established under the contract; The NRT or designee will provide written authorization to the City contractor to perform the work; Upon completion, the NRT or designee will evaluate the property to ensure conformance to standards and pay the contractor for services provided; and The NRT or designee will send a letter to the property owner summarizing the charges to be paid, and shall report the same to the City Clerk. If the property owner fails to pay the City within the designated time period, the City Clerk shall list all such charges, along with a City administrative cost, against each separate lot or parcel by September 151 of each year as special assessments under Minnesota Statutes Section 429.1 01, and other pertinent statutes. These special assessments are to be collected commencing with the following year's taxes, unless provided for otherwise by consent and action of the City Council. All assessments levied for the repayment of tree disease abatement costs shall be pursuant to Minnesota Statutes Section 429.101, Subd. 2. 7 o @!FJ#JIF7f (Attachment 1) STATE OF MINNESOTA CITY OF ANDOVER Declaration of Nuisance-Notice to Abate City Code 4-3 THIS DECLARATION OF NUISANCE AND NOTICE TO ABATE is hereby made this_ day of , 2006, pursuant to Andover City Code 4-3. You are hereby notified that the City of Andover has determined the existence of (nuisance) at property located at (address). According to records on file with the City, you are the property owner. You are hereby ordered to abate the nuisance by undertaking the following corrective action: Removing the (number of trees) marked tree(s) and leaving the stumD(s) no higher than two inches above the surrounding grade and DroDerlv treating the wood in accordance with the directions set forth in the attached "ProDer DiSDOsal/Treatmentof Diseased Wood" form. o This abatement action must be completed by , 2006 and in conformance through a compliance check by the Natural Resources Technician or designee. Be advised that any contractors used in the City of Andover must be licensed by the City. If you fail to complete the necessary abatement action by the deadline set forth above. the City may undertake to abate the nuisance directly and may commence legal action against you to abate the nuisance. Pursuant to city ordinance, any costs incurred by the City in abating the nuisance will be reported to the City Clerk as a cost to be levied as a special assessment on the real estate taxes for this property. o Please understand that you have the right to appeal this nuisance declaration with the City Council by filing a written appeal demand with the City Clerk within ten (10) business days of the date hereof. Should you fail to do so, the Order will become final. Please do not disregard this notice. Please contact the Natural Resources Technician at 763-767-5137 if you have any questions. Date: Natural Resources Technician o (Attachment 2) @ftJ#JIFu City of .udover 1685 Crosstown Blvd. NW Andover, MN 55304 763-755-5100 www.cLandover.mn.us Date: Address: Inspector: NOTICE o Upon a recent inspection, the City of Andover Tree Inspector has observed the presence of one or more of the following on your property: D Oak wilt D Dutch elm disease (DED) D Emerald ash borer (EAB) D Other Under Andover City Code and Minnesota Law, the disease(s) listed are considered public nuisance(s), which are required to be treated. Please contact the City Tree Inspector at 763-767-5137 within 10 days from the date of this notice to discuss treatment options. A formal Declaration of Nuisance describing m;n;mum treatment measures, deadlines, etc. along with attachments will be sent under separate cover. Your cooperation is greatly ap}lleciated. Notes o o o o [Q)ftJ!JIFu 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US (Attachment 3) Date Owner/Occupant Address Andover, MN 55304 Re: Diseased Trees Dear Property Owner. This letter is to inform you that, based on a recent inspection, there is (nuisance) located on your property. Under Andover City Ordinance and Minnesota Law, trees infected with (nuisance) that are not properly treated are considered a public nuisance, which property owners are required to remedy. Therefore, steps must be taken to deal with the problem. A copy of Andover City Code 4-3 is available on request and is also on the City's website www.cLandover.mn.us Attached is information on (nuisance), a list of licensed tree care companies in the City of Andover and a handout on proper disposal and treatment of diseased wood. If you contract the work out, the contractors used must be licensed by the City. Please give me a call at 763-767-5137 within ten days from the date of this letter to discuss treatment options. I would be happy to offer advice or take questions or concerns you may have. Please do not ignore this, as a follow up letter is likely. Your cooperation is greatly appreciated. Sincerely, Kameron Kytonen Natural Resourc. s T chnician KK:rja Enc!. o o o fWftJ!JIFu 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US (Attachment 4) Date Owner/Occupant Address Andover, MN 55304 Re: Diseased Trees Dear Property Owner. There has been no record of any contact from you as requested from the first letter dated (date) regarding the (nuisance) problem at (address). Under Andover City Ordinance and Minnesota Law, properties that have trees infected with (nuisance) that don't receive adequate treatment are considered a public nuisance, which property owners are required to remedy. Therefore, steps must be taken to deal with the problem. A copy of Andover City Code 4-3 is available on request and is also on the City's website www.ci.andover.mn.us Enclosed is a Declaration of Nuisance ordering abatement of the (nuisance). Please give me a call at 763-767-5137 within ten days from the date of this letter to discuss the treatment options. Please understand that if I do not hear from you, your property will be re-inspected to verify adequate treatment of the (nuisance). Should this inspection indicate that you have fail d to comply with the nuisance declaration, the City may commence legal action to treat the (nuisance) and assess the cost against your property. Your cooperation is greatly appreciated. Sincerely, Kameron Kytonen Natural Resources Technician KK:rja Encl. o Date: Address: Inspector: (Attachment 5) City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 763-755-5100 www.cLandover.mn.us NOTICE This is to make you aware that based upon a recent inspection in your neighborhood, the City of Andover Tree Inspector has observed the presence of one or more of the following: o D D D D Oak wilt Dutch elin disease (DED) Emerald ash bOfer (EAB) Other There is a threat that the disease may spread to your property. Under Andover City Code and Minesota Law, the disease(s) listed are considered public nuisances, which are required to be treated. Please call the City Tree Inspector at 763-767-5137 fOf further discussion. Your cooperation is greatly appreciated. Notes o !f]~.D.. )1.~.~1?' ~'u'lff.MF' Ip ~'./ '.' , ,/; .1, ,...-~ Ij-J -- o (Attachment 6) !W[PJ!JIF7J PROPER DISPOSAL/TREATMENT OF DISEASED WOOD Diseased red oak wood, with bark intact., that is potentially spore-producing (pSPT) and diseased! dead elm or pine or any elm or pine firewood with bark intact shall be properly treated to prevent overland spread of the disease per City Code and Minnesota Law. This shall be done by one of the following ways: 1. CHIPPING OR GRINDING: the chips are safe to use after foi-landscaping purposes, as they will not spread the disease ifleft out in the open; 2. DEBARKING: if the wood is debarked. the oak WIlt fungus CBDnot form fungal spore mats and the elm and pine bark beetles cannot complete their life cycle; 3. BURNING: this can be done any time ofyC!lr, as it is an obvious choice for preventing overland spread; if stored as firewood during the growing season, ~ below information; 4. PROPERLY COVERING AND SEALING: any wood that is stored with bark intact shall be covered and sealed with a 4 to 6 mil heavy plastic tarp or sheeting; a black tarp will absorb heat the best, which will aid in . the drying process; the best way to do this is as follows (see diagram below): a. Dig a 4-incb trench completely around the wood pile; b. Cover the wood pile with a tarp or sheeting that is large enough to completely cover the pile; c. Overlap the ends of the tarp or sheeting, so it extends beyond the trench; . d. Fill the trench with dirt to completely seal the wood pile. o If dirt cannot be used or a trench cannot be dug because the ground is frozen, too hard to dig, etc., the ends of the tarp shall be weighted down completely on all edges. Other Key Information: }> The diseased wood does not need to be properly covered and sealed during the months of November thru March; }> Branches smaller: than 2 inches do not need to be treated; }> Generally, red oak trees that have died in the summer may be potentially spore-producing the following spring and summer only; thus, the wood is only a hazard for ODe growing season; . }> Elms and pines are hazardous until the bark falls off the wood, so their may be one or more growing seasons when the wood is a hazard; . );> A hazardous wood pile that is properly covered and sealed may be uncovered and accessed (i.e. to grab a pi= of firewood) as long as it is immediately covered back up and sealed to prevent disease spread. HllZIUIlous wood (stllCked alii! SeelI Uftdemelzth tarp or sheeting) o Dirt-Fdled tl'eftch o o o @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer'D.t> FROM: Todd Haas, Asst. City Engineer SUBJECT: Receive Assessment Roll/Waive Public Hearing/Adopt Assessment RoW07- 29/14555 Round Lake Blvd. NW/SS & WM - Engineering DATE: July 17, 2007 INTRODUCTION This item is in regards to waiving the public hearing and adopting the assessment roll for 14555 Round Lake Boulevard NW for sanitary sewer and water main, Project 07-29. DISCUSSION The City Council at the July 3, 2007 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMPACT This will be assessed over a five year period. ACTION REOUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of sanitary sewer & water main for Project 07-29, 14555 Round Lake Boulevard NW. Respectfully submitted, Z1r..t~ Attachments: Resolution, Assessment Rolle, Location Map & Waiver cc: Patrick McFarland, ACCAP, 1201 89th Ave. NE, Suite 345, Blaine, MN 55434 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 14555 ROUND LAKE BOULEVARD NW, PROJECT 07-29. o WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember City Council at a reqular meeting this 17th Councilmembers voting in favor of the resolution, and Councilmembers and adopted by the day of July ,2007, with voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 0 0 0 ~ 0 0 Q) CO - CO ri ...J <R- e: e: 0 I'-C') 0 '(ij 0 0 CO I'- CO :2 "" 0 ..I MLO ai .... 0 N j:!: I'-CO C') Q) Q) 0> CO..-- CO - e: N 0 NN v co e: ~ 0 I- ..-- ..-- 0 <R- <R- <R- It) ..-- ..-- N N NI'- 0> CO 0 N M...t ,...: Q) It) ... ..--It) co .... ..-- Cl co ..-- 0> <( ..-- N N N <R- <R- <R- 0 C') 0> N ~ 0 It) C') 0> 0 ... CO..-- I'- Q) 0 ... COO CO - CO Cl CO_C') 0> CO ri N ...J N N <R- <R- <R- Oa:~ ::E .... 3: Q) 3= e: 0 NO N W- all Q).Q 0 It) V 0> >c C/)t} I'- Cl "":0 ,...: OCll tn Q) CO ... NV CO CE tn CO e: C') Cl LOv 0> Zlll - _ e: N N N 3: .- 0 <(Ill ffio <R- <R- <R- u..1II Z C/) O~ "CI > ~:! in 3: N It) I'- N CO I'- ..-- 0> -u CIl Z CO to en LON ,...: OCll ~ "CI ~ ..-- Cl 0>1'- CO Q. l'II > CO Cl C')1t) 0> tn ..I in <( N N N "CI C CIl <R- <R- <R- = ~ 0 N l'II a: ... ..I ~u)N Cl "CI .... coco N T'""(O..q-T'""O .... II) Cl ~ Cl en CO 0 0> ONI'-NO Cl II) , c II) ....: 0"": ,...: M"":oiMO Cl II) .., = .., II'i ... 0 Iii .... CD CD I'- 0> CO OOf"'-."l""" N V , a: CD en Cl "Lco 0> CIl vovco ... v - u r.: - N 0 N N Cl N N c 6a:iIriN , II) l- N ... en N II) ... l'II ..-- >. N .., II) ii "S , , V ll:l .... en ... 4A- 4A- <R- <R- <R- "") Cl N ii I- :z~s.::: Ui .2is~ -- ~ 'u l'II III C 0 -00 Ul Q.CIl .;: W Cl......JO ~ l'II C CD ,- .. D. COO>O..--N a:CIlE u CIl I- OO"l""""l""" 'IE"""" W "") ...J "C -E>. c- 00000 !< 0 l:C ~ .- C NNNNN III >. l'II .. - a: ~l'IID. D. C D. CIlD.- _...l'II cO= -..c 0 CIlC .eel: ~ ~--.", ~ o ~ , ~--~ ~~ Q ,- (2~ . 18 a.., <<r , , o 07-'2-, ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE' Suite 345' Blaine, MN 55434' Phone 763-783-4747' FAX 763-783-4700'TTY 763-783-4724 E-mail: accap@accap.org . ~ A United Way Agency May 10, 2007 Mr. Dave Berowitz Andover City Engineer 1685 Crosstown Blvd NW Andover, MN 55304 RECEIVED ~AY ! , 20ar Re: Municipal Improvements /~., "1.1" r..;;- ,... '. f 1,1 r ',"'" "I r\, '.- I ' . .' ""I" I 11 ,.,. 1"'\ . ~_..::'_:I:~~ ~:< f 5; fr Dear Mr. Berowitz: We do hereby petition for improvements of water main and sanitary sewer with the costs of the improvements to be assessed against the benefiting property. o Said petition is unanimous and the public hearing may be waived. We would like to pay in full when assessed. The land to be assessed is 14555 Round Lake Blvd, Andover, MN 55304. The property owner is Anoka County Community Action Program, Inc., 1201 89th Avenue N.E., Suite 345, Blaine, MN 55434. Sincerely, 0: L/j..~A / I Patrick MCFarl;;;;-J Executive Director €c: DOnna Mattson it o An Equal Opportunity Employer o (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Receive Assessment RoWOrder Public Hearing/Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels - Engineering DATE: July 17, 2007 o INTRODUCTION The City Council is requested to approve the resolution for the hearing on the proposed assessment for the improvements of Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and adjacent parcels. DISCUSSION The final improvement costs for the Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels have been prepared. The assessment roll is available in the City Engineer's Office for review. The cost per development is as follows: Woodland Crossings (05-32) Shaw's Glen (05-24) Cardinal Ridge (05-20) *Lot 1, Block 1 Shaw's Glen *Putnam Property * Allen Property $1,262,821.73 ($34,130.32 per lot) $ 254,436.29 ($25,443.63 per lot) $ 917,371.17 ($26,981.51 perlot) $ 131,180.29 ($26,236.06 per potential developable lot) $ 324,315.24 ($27,026.27 per potential developable lot) $ 131,756.35 ($26,351.27 per potential developable lot) *The assessments to these properties are to be deferred until future subdivision, platted development, sale of the property or death of property owner. Final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 to the time of actual development. City fees will be adjusted from June 2007 to the current City fees at the time of actual development. This will be detailed on the final assessment roll and identified in the resolution approving the assessments. o Lot 1, Block 1 Shaw's Glen (Robert and Shelly Almeida) has petitioned the City to hook up to City sewer and water. With this petition one unit will be assessed. The assessment for the remaining four units that they have potential to development will be deferred as stated above. The City's portion of the trail along Hanson Boulevard NW is $11,683.70. The City's portion of improvements to the park (sanitary sewer and water service) is $1,933.77. o Mayor and Council Members July 17, 2007 Page 2 of2 The assessment hearing will be scheduled for 7:00 p.m., Wednesday, August 8, 2007 at the regular scheduled City Council meeting. BUDGET IMP ACT The development improvements shall be funded through General Obligation Bonds, which shall be paid back through assessments. A portion of the park and trail improvements relative to the developments will be funded by park dedication and the City's trail fund. ACTION REOUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for the improvement of Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and adjacent parcels. Respectfully submitted, o {J~0. David D. Berkowitz Attachments: Resolution/ cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake, MN 55304 Megan Wald, Shade Tree Communities, 18530 Ulysses St., East Bethel, MN 55011 Ben Minks, Minks Custom Homes, 17024 Barium St. NW, Andover Scott Allen, 15873 Linnet St. NW, Andover Jerry Putnam, 1869 - 157th Lane NW, Andover Robert & Shelly Almeida, 1950 - 1 57th Lane NW, Andover Paul Hornby, BRAA o o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NOS. 05-32 (WOODLAND CROSSINGS), 05-24 (SHAW'S GLEN), 05-20 (CARDINAL RIDGE) & ADJACENT PARCELS. WHEREAS, by a resolution passed by the City Council on July 3, 2007 ,the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos. Woodland CrossinQs (05-32), Shaw's Glen (05-24), Cardinal RidQe (05-20) and adiacent parcels. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 8th day of AUQust. 2007 ,in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember City Council at a reQular meeting this 17th and adopted by the day of July ,2007, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor VictoriaVolk - City Clerk o o o (B 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ~ TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Order Plans & Specs/07-25 (2756 _134th Lane NW) & 07-26 (2766 _134th Lane NW)/SS & WM - Engineering DATE: July 17, 2007 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for Project 07-25,2756 - 134th Lane NW & Project 07-26,2766 - 134th Lane NW for sanitary sewer & water main. DISCUSSION The feasibility report was recently approved by the City Council. The property owner has requested that the City prepare the plans and obtain quotes for the installation of the individual sanitary sewer and water service to each property. BUDGET IMP ACT The installation of the services will be assessed to both benefiting properties. ACTION REOUIRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for Project 07-25, 2756 - 134th Lane NW & Project 07- 26,2766 - I 34th Lane NW for sanitary sewer & water main. Respectfully submitted, T~.i~ Attachments: Resolution & Location Map cc: Dennis Steinlicht, 2766 - 133rd Lane NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 07-25 (2756 _134TH LANE NW) & 07-26 (2766 _134TH LANE NW) FOR SANITARY SEWER & WATER MAIN. WHEREAS, the City Council did on the 15th day of May , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City EnQineer and presented to the Council on the 5th day of June , 2007 ; and NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby direct the City EnQineer to prepare the plans and specifications for such improvement project. o MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 17th day of July ,2007 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk ~ City Clerk o ---.----... ~ - 0 ~i~~ ~~l ~ - - -'" '" .. 0 - '" " J! 1311 ~~. ... .. c: a. ,,-'" "-'" ."" ~ en g~~ 8~ 0\ ,;., g~..: ,;., j ~~~ I>: 0. c: c: ."" 0 c: ! I>: 's;, Q1-o~ 0 10 IX .. 0 9 00'2- .;,: t- -8 .. := Iii ~1X1l :!: .J . j! 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I- 0 .c <(;: I w 0> ~ 'Ii (L~ I ~ I '/. . ,Z I I ......__1 I- \i , w \ W '" ... ~ 0 0 '" ..., 09 II -~ is '" A 11 ~ '.. 0 ..' 0 ..., -~ ~ ~ fCDIYAI.'IllOll D1'I mOOBa) - -- <3 ~ (I) <3 ul 0 e.o-zU-rlr-oD\ooL\a.p\1---t~-9Im\~111'1M't15\tO o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, City Engineer SUBJECT: Approve Wayside Horn License Agreement with Anoka County/06-10 - Engineering DATE: July 17, 2007 INTRODUCTION The City Council is requested to approve the Wayside Horn License Agreement with Anoka County for ProjecfU6~ 1 0, Railroad Quiet Zones. DISCUSSION In order to install the Wayside Horn within the right-of-way of Andover Boulevard NW the County requires the City to enter into a License Agreement. The License Agreement is attached for review. ACTION REOUIRED The City Council is requested to approve the Wayside Horn License Agreement with Anoka County for Project 06-10, Railroad Quiet Zones. Respectfully submitted, David D. Berkowitz Attachments: Wayside Horn License Agreement / cc: Lynn Leibfried, BNSF Dave McKenzie, SEH Anoka County Contract No. 2007-0565 o LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this _ day of 2007, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "Property Owner," and the City of Andover, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "Licensee." In consideration of the mutual promises contained herein, the parties agree as follows: I. BACKGROUND; DESCRIPTION OF IMPROVEMENT AND PREMISES Licensee desires to install and maintain a railroad wayside horn within the Licensor's right of way for Bunker Lake Boulevard at its intersection with the railroad crossing in the City of Andover. The. location of where the railroad wayside horn will be installed is depicted in Exhibit A, which is attached hereto ("Premises"). II. GRANT OF LICENSE o Subject to the terms and conditions contained herein, the Property Owner hereby grants to Licensee a license to install and maintain a railroad wayside horn on the Premises. III. RESPONSIBILITIES OF LICENSEE A. Licensee shall be responsible for all costs related to the installation, maintenance and removal of the railroad wayside horn. Upon termination of this License Agreement, the Licensee shall remove the railroad wayside horn at its sole cost and expense. B. Prior to its installation, the Licensee shall submit to the Land Owner for approval shop drawings depicting the design and method of installation of the railroad wayside horn. Licensee shall not commence the installation of the railroad wayside horn until such time as the Land Owner has approved in writing the shop drawings and Licensee has obtained a permit to work within Anoka County right of way. IV. TERMINATION o The Property Owner may in its sole discretion terminate this agreement upon 180 days written notice to Licensee. Licensee may terminate this agreement at any time by providing the Property Owner 30 days written notice. o o o V. INDEMNIFICATION The Property Owner shall not be liable to the Licensee, its agents, employees, customers, contractors, patrons, visitors, invitees, vendors or guests, or any other individual, corporation, or other type of business concern or governmental body for any claim, loss, judgments, costs, injury, death or damage as a result of the construction, operation, maintenance, or removal of the railroad wayside horn. Licensee agrees to and shall indemnify, hold harmless, and defend the Property Owner, its elected officials, employees, and agents against any claim, loss, judgments, costs, injury, death or damages, including attorney's fees, that the Property Owner may incur as a result of or related to the placement, construction, operation, maintenance, or removal of the railroad wayside horn. IN WITNESS WHEREOF, the parties hereto have set their hands on the date so indicated. COUNTY OF ANOKA CITY OF ANDOVER By: Dennis D. Berg, Chair County Board of Commissioners By: Name: Dated: Its: Dated: ATTEST By: Terry L. Johnson County Administrator By: Name: Dated: Its: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: - 2- o E'/- /4- w~ . > ~ ~ ~ i!l ~ ~ ~ i I , I , I , ! a .....~ r--- .i Ii ~i r- ~" I . I I I I 1 o i pn I I !~~~ $ ~ 1il II " r'Ol ~ r;: ~ , ~ I I ~. , I , I , 0 I , ~ I '" , N ..ill I ~ , o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer ';tb FROM: Kameron Kytonen, Natural Resources Technician SUBJECT: Approve Hold Harmless and Easement Encroachment AgreementJ2598 154th Lane NW - Engineering DATE: July 17, 2007 INTRODUCTION The City Council is requested to authorize the approval of a hold harmless and easement encroachment agreement with Sportsmen's Contracting, Inc., property owners at 2598 l54th Lane NW. o DISCUSSION The property owner (Sportsmen's Contracting, Inc.) would like to put up a retaining wall on the west side of the house, which encroaches into a drainage and utility easement where a buried storm sewer pipe is located. Typically the City does not allow retaining walls in such easements due to access requirements and maintenance needs. Staff has reviewed the proposal closely, and has determined that a retaining wall would help the drainage and appearance of this lot and helps to meet the City's 4:1 slope requirements. Easement encroachment cannot be avoided, as the house is built right to the edge of a 20- foot side yard easement. By entering into this hold harmless and easement encroachment agreement the property owner agrees to cover all expenses due to damage and/or removal of improvements (wall) that are within the easement. ACTION REOUIRED The City Council is requested to approve the hold harmless and easement encroachment agreement with Sportsmen's Contracting, Inc., property owners at 2598 1 54th Lane. NW. o ~n:~ Natural Resources Technician , / Attachments: Hold Harmless and Easement Encroachment Agreement cc: Sportsmen's Contracting, Inc. o o o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 17th day of July, 2007, by and between Sportsmen's Contracting, Inc. (property owner), owners of said property noted below (hereinafter "property owner") and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Sportsmen's Contracting, Inc. (property owner) is the fee owner of 2598 154th Lane NW (address), Andover, MN; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, Sportsmen's Contracting, Inc. (property owner) understands that a retaining wall (hereinafter "improvement") will encroach into said drainage and utility easement; WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement for said improvement assuming certain conditions are met; WHEREAS, Sportsmen's Contracting, Inc. (property owner) is aware the area is for drainage and utility purposes and has a buried utility within the easement and acknowledges that access, maintenance, repair and/or replacement of the utility may be , required in said easement resulting in removal of the improvement; NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Sportsmen's Contracting, Inc. (property owner) hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Sportsmen's Contracting, Inc. (property owner) or their successors in interest constructing and maintaining said improvement upon the utility easement of the City. Furthermore, the City not be held responsible for any damage to said improvement constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Sportsmen's Contracting, Inc. (property owner) to cover the indemnification required herein. o o o IN WITNESS WHEREOF, the parties have hereunto set their hands this day of July, 2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor Dave Harmon, Vice President Sportsmen's Contracting STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of July, 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of ~~a~ ' Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of July, 2007, before me, a notary public within and for said county, personally appeared for Sportsmen's Contracting, Inc. (property owner). Notary Public This instnunent was drafted by: City of Andover This instnunent is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. G:IDATA\STAFF\RHONDAAIFORMSIHOLD HARMLESS AGREEMENT.doc o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: James Dickinson City Administrator FROM: Dana Peitso, Human Resources Mana SUBJECT: Acknowledge ResignationlRetirement of Public Works Superintendent DATE: July 17,2007 INTRODUCTION This item is in regards to acknowledging the resignation/retirement of Prank Stone from the Public Works Superintendent position. DISCUSSION Frank Stone is retiring after over 28 years working for the City of Andover. Prank started out with the City in 1979; he was originally hired as a Maintenance'-Worker in Public Works. In 1983 Mr. Stone was then promoted to the Supervisor of Operatiorts. In 1991 he was promoted again to Public Works Superintendent Position. During his time with the City of Andover, Mr. Stone has seen his staff grow from 2 to 23. He was a member of the City of Andover Volunteer Fire department, Fire Chief and Training Officer and has been a great asset to the City. Administration and Human Resources are currently working on the transition plan. ACTION REOUESTED The City Council is requested to acknowledge the retirement of Frank Stone. Respectfully submitted, ~~ Dana Peitso @ o o o Francis O. Stone 37032 Summit Road Hillman, Minn. 56338 320-277-3684 dfstone@brainerd.net Date: July 10, 2007 Mayor & Council Members City of Andover 1685 Crosstown Blvd. N.W. Andover, Minn. 55304 Cc; Jim Dickinson, City Administrator Cc; Dana Peitso, Human Resource Manager Mayor & Council Members of the City of Andover, I would like to inform you that I am retiring from my position as Public Works Superintendent for the City of Andover, effective August 31,2007. I would like to thank everyone for their assistance and support during the past 29 years. I thank everyone for the opportunities for professional and personal development that was provided me over the years I have enjoyed working for the City of Andover and appreciate the support provided me during my tenure with the city. While I look forward to enjoying my retirement, I will miss working rot the City of Andover and its outstanding employees. If I can be of any assistance dating this transition, please let me know. Sincerely: ~~ Francis Stone o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato FROM: Captain Dave Jenkins - Anoka County SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff DATE: July 17, 2007 @ INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the June 2007 monthly report. DISCUSSION To be verbally presented. ACTION REOUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriff's Office Attachment: June 2007 Monthly Report o B. CITY OF ANDOVER - JUNE 2007 o lITEM I JUNE I MAY I ] , JUNE I YTD 2007 YTD 2006 Radio Calls 1112 951 5,348 5,719 Incident Reports 937 862 4,988 5,011 Burglaries 12 9* 51 * 54 Thefts 72 45 268 376 Crim.Sex Condo 1 2 7 11 Assault 11 11 50 76 Dam to Prop. 58 27 201 223 Rarr. Comm. 10 12 78 90 Felony Arrests 3 8 34 58 Gross Mis. 3 10 40 32 Misd. Arrests 65 87 341 318 Dur Arrests 11 15 83 52 Domestic Arr. 7 5 38 31 Warrant Arr. 4 16 57 91 Traffic Arr. 109 141 927 798 * NOTE: There were 9 burglaries in the month of May, Zero was notated in the May Report. DUI OFFENSES: o DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 0212 0014 1906 0137 2317 0033 ' 0412 0037 2126 0107 1933 o o o C. CITY OF ANDOVER - JUNE 2007 COMMUNITY SERVICE OFFICER REPORT lITEM I JUNE I MAY I I JUNE I YTD 2007 YTD 2006 Radio Calls 160 175 924 985 Incident Reports 117 143 640 641 Accident Assists 5 10 65 76 Vehic1e Lock Out 31 29 178 208 Extra Patrol 114 121 871 1,628 House Checks 0 0 , 3 103 Bus. Checks 15 11 83 222 Animal Compl. 58 71 303 314 Traffic Assist 3 14 52 64 Aids: Agency " 122 151 831 1,201 Aids: Public 80 50 432 656 Paper Service 0 0 0 1 Inspections 0 0 0 0 Ordinance Viol. 0 0 1 4 @ o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Award Bid/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Laue NW Cul-De-Sac) - Engineering DATE: July 17, 2007 o INTRODUCTION The bid opening is scheduled for 10:00 a.m., Monday, July 16, 2007, which is after the City Council packets are prepared and sent to print. Bid results will be presented and discussed at the meeting. Respectfully submitted, Q~Q David D. Berkowitz o o CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule August Council Workshop DATE: July 17,2007 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of August for a number of miscellaneous business items. DISCUSSION o Potential agenda items for a July workshop have been identified as follows: 1. TIF District 1-4 Industrial Opportunities Discussion 2. Comprehensive Plan Update Progress Report 3. 2008-2012 CIP Progress Report and Discussion 4. 2008 Operating Budget Progress Report and Discussion 5. 2008 Tax Levy Discussion 6. 2007-2008 Council Goals Discussion (Continued) Other items may be added upon request. ACTION REOUIRED Schedule a Council Workshop, a suggested date is Tuesday August 28th at 6:00 p.m. or another date acceptable to the Council. o o CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: July 17,2007 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the August 8, 2007 City Council meeting. DISCUSSION o Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Purchase Agreement Progress Reports 3. Review Site Plans 4. Review Letter ofIntent 5. 2008 Budget Discussion 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the August 8, 2007 City Council meeting. o --- o o o (!) CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: July 17, 2007 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Miscellaneous Activities Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for July 17, 2007 City Council Meeting DATE: July 17, 2007 The City Council is requested to receive the following supplemental information. Discussion Items Item #13. Award Bid/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac) (Supplemental) - Engineering -- G:\ST AFF\RHONDAA\AGENDA\SUPPLEMENT AL \2007\supplemental 7-17-07 .doc 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Award Bid/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac) (Supplemental) - Engineering DATE: July 17,2007 INTRODUCTION The City Council is requested to receive bids and award the contract for Projects 06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac). DISCUSSION Identified in the City's 2007 to 2011 Capital Improvement Plan (CIP) are improvements for Crooked Lake Park and Terrace Park. The improvements at Crooked Lake Park include a reconstructed parking lot with concrete curb and gutter, drainage improvements to handle storm water, a bid alternate for pervious brick pavers for a portion of the parking lot, improving the boat landing and installing anew dock. The alternate bid provides a pervious pavement section in the center of the parking lot (8' x 95') to treat storm water runoff. This product is designed to improve water quality, which is especially important around lakes and streams. The improvements to Terrace Park include constructing a paved parking lot with concrete curb and gutter, new basketball court and a short trail segment to access the playground equipment and other parts of the park. The l60th Lane NW improvement consists of constructing a cul-de-sac for emergency and City vehicle turn around and providing a storm water pond to handle an ongoing drainage problem. The bids received are as follows: Contractor Rum River Contracting W.B. Miller, Inc. Forest Lake Contracting, Inc. Northwest Asphalt, Inc. Sunram Construction, Inc. Dresel Contracting, Inc. Base Bid $192,522.93* $187,673.10 $244,263.00 $245,741.25 $260,358.10 $275,669.75 Engineer's Estimate $225,829.50 * Denotes Error in Bid (Correct values shown) Ait. Bid $ 6,550.00* $14,287.70 $10,950.00 $15,674.60 $ 8,999.60 $ 8,422.00* $12,435.00 Base & Alt. Bid $199,072.93* $201,960.80 $255,213.00 $261,415.85 $269,357.70 $284,091.75 $238,264.50 Mayor and Council Members July 17, 2007 Page 2 of2 BUDGET IMP ACT Crooked Lake Park shall be funded by a combination of Park Improvement Funds and a DNR Grant. The DNR Grant is a 50/50 cost split for the base bid and the bid alternate for pervious brick pavers. Terrace Park improvements shall be funded by Park Dedication Funds. The cul- de-sac at l60th Lane NW shall be funded by a combination of Storm Water Utility and Road and Bridge Funds. ACTION REOUIRED The City Council is requested to approve the resolution accepting the base and alternate bid and awarding the contract to Rum River Contracting in the amount of $199,072.93 for Projects 06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac). Respectfully submitted, Q~o,~ David D. Berkowitz ~ hm . ,/ Attac ents: ResolutiOn CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING THE BASE AND ALTERNATE BID AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 06-22 (CROOKED LAKE BOAT LANDING), 07-9 (TERRACE PARK) & 07-18 (160TH LANE NW CUL-DE-SAC). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 087-07 ,dated June 19, 2007, bids were received, opened and tabulated according to law with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River ContractinQ as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River ContractinQ in the amount of $199,072.93 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. and adopted by the day of July ,2007, with MOTION seconded by Council member City Council at a reQular meeting this 1 yth Council members of the resolution, and Council members against, whereupon said resolution was declared passed. voting in favor voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk