HomeMy WebLinkAboutCC June 19, 2007
0 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, June 19, 2007
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (6/5/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Plans & Specs/Order Advertisement for Bids06-l OIRailroad Quiet Zones - Engineering
4. Approve Joint Powers Agreement/00-18/Extension ofMSA Street (Andover Boulevard NW) - Engineering
5. Accept Feasibility Report/Waive Public Hearingl07-25/2756 - I 34th Lane NW/SS & WM - Engineering
6. Accept Feasibility Report/Waive Public Hearingl07-26/2766 - I 34th Lane NW/SS & WM - Engineering
7. Accept Feasibility Report/Waive Public Hearing/07-29/l4555 Round Lake Blvd. NW /SS & WM -
Engineering
8. Approve Plans & Specs/Order Advertisement for Bids06-22 (Crooked Lake Boat Landing), 07-9 (Terrace
0 Park) & 07-18 (160lh Lane NW Cul-De-Sac) -Engineering
9. Approve Easements/Connexus Energy - Engineering
10. Approve Temporary Tent/Sign Permits for Festival Foods - Planning
11. Approve Resolution Adding Supplemental Depository - Administration
12. Approve Hold Harmless & Easement Encroachment Agreement/84 1-1 60th Lane NW - Engineering
Discussion Items
13. Receive Anoka County Sheriff's Department Monthly Report - Sheriff
14. Hold Public Hearingl Adopt Assessment Roll/02-33/ Andover Station North (Jay Street NW Construction) -
Engineering
15. Hold Public Hearingl07-I/Construction Site Erosion and Waste Control Ordinance - Engineering
16. Consider Revised Preliminary PlatlHickory Meadows - Planning
Staff Items
17. Reschedule August 7, 2007 Council Meeting -Clerk
18. Schedule July Workshop - Administration
19. Schedule July EDA Meeting - Administration
20. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 10
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 19,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ......... ......................................... .......... ............... ...................................... 1
A GENl) A APPROVAL............ ....... ............................ ........... ........... ................................... ..... 2
APPROVAL OF MINUTES.... ..................................... .......... .................................... ............... 2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Resolution R083-07 approving Plans & Specs/Order Advertisement for Bids/06-1 0/
Railroad Quiet Zones........................ ....................................................... ............ ........... 2
Approve Joint Powers Agreement/00-18/Extension ofMSA Street (Andover Boulevard
NW).. ......................... ............ .......... ......... .................. ................ ..................................... 2
Resolution R084-07 accepting Feasibility Report!Waive Public Hearing/07-25/
2756 - 134111 Lane NW/SS & WM................................................................................... 2
Resolution R085-07 accepting Feasibility Report!Waive Public Hearing/07-26/
2766 -134111 Lane NW/SS & WM.................................................................................. 2
0 Resolution R086-07 accepting Feasibility Report!Waive Public Hearing/07-29/
14555 Round Lake Boulevard NW/SS & WM............................................................... 2
Resolution R087-07 approving Plans & Specs/Order Advertisement for Bids/06-22
(Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160111 Lane NW
Cul-De-Sac) ............................... ......... ..... ...................................... ............. .................... 2
Approve Easement/Connexus Energy.................................................................................. 2
Approve Temporary Tent/Sign Permits for Festival Foods................................................. 2
Resolution R088-04 approving Resolution Adding Supplemental Depository ................... 2
Approve Hold Harmless & Easement Encroachment Agreement/841 - 160111 Lane NW ... 2
RECENE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received................. ......... ......... ..... ......... ................... ......... ........................ ........ ...... ............. 3
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLU02-33/ANDOVER STATION
NORTH (JAY STREET NW CONSTRUCTION)
Motion to open public hearing.............................................................................................. 3
Motion to close public hearing ............................................................................................. 3
Motion to approve (Res. R089-07) ....................................................................................... 3
HOLD PUBLIC HEARING/07-l/CONSTRUCTION SITE EROSION AND WASTE
CONTROL ORDINANCE
Motion to open public hearing.............................................................................................. 3
Motion to close public hearing ............................................................................................. 3
Motion to approve (Ord. No. 346) ........................................................................................ 5
CONSIDER REVISED PRELIMINARY PLATIHICKORY MEADOWS
0 Motion to approve (Res. R090-07) ....................................................................................... 6
RESCHEDULE AUGUST 7, 2007 MEETING......................................................................... 7
SCHEDULE JUL Y WORKSHOP.............................................................................................7
SCHEDULE JULY EDA MEETING ........................................................................................ 7
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 11
Regular Andover City Council Meeting Minutes - June 19, 2007
Table of Contents
Page ii
AD MINIS TRA TOR REPORT ......... ................... .................... ........... .......................... ...... ....... 7
MAYOR/COUNCIL INPUT
Winter Shoveling for Seniors and Handicapped People....................................................... 8
Fun Fest Booth .... ..... ............ ........ ................ ............. ..................... ............. ..... .......... ........... 8
Festival Foods .. .......... ...... .............. ................. ....... ...... ........ ......................... .......... ...... ........ 8
City Golf T oumament..................... .................... ........... .... .... ............................... .... ............ 9
Elected Officials Meeting ......... ........... ........................... ....................... ..................... .......... 9
ADJOURNMENT. ......... ............ ........................ .......... ....................... ....... ..... .................. ......... 9
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REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 19, 2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, June 19,2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson (arrived at 7:11 p.m.) Mike Knight, Ken Orttel, Julie
Trude
Councilmember absent: None
Also present: City Attorney, William Hawkins.
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
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PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Eula1ie & Edsel Wicklund - 13333 Lilly Street, wondered if anything has happened to make the
current post office a full service branch. Mayor Gamache indicated they have sent letters to the
Postal Service and he thought they were trying to work with their senators as well. Mr. Dickinson
stated they talked with them regarding this but since the hurricane hit, they have redirected all of
their funding to the south. He stated the Post Office has not addressed anything since the hurricane
hit in 2005.
Mrs. Wicklund stated there is a building and she did not understand why it could not be a full service
center. Mayor Gamache stated it seems like what they are doing is opening facilities in convenience
stores such as they have at Super America and then they do not have to pay employees, they just rent
space. Mrs. Wicklund did not understand this because in Florida, where they live in the winter, there
are less than 100 people and they have a full service post office so they found it hard to understand
why Andover cannot get one.
0 Councilmember Trude suggested they write to the senators regarding this and maybe it would help if
residents wrote in regarding this.
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 2
AGENDA APPROVAL
There were no changes.
Motion by Trude, Seconded by Knight, to approve the Agenda as Presented above. Motion carried
unanimously.
APPROVAL OF MINUTES
June 5, 2007, Regular Meeting: Correct as written.
Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried
lInllnimously.
0 CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Plans & Specs/Order Advertisement for Bids/06-1 O/Railroad Quiet Zones
(See Resolution R083-07)
Item 4 Approve Joint Powers Agreement/00-18/Extension of MSA Street (Andover
Boulevard NW)
Item 5 Accept Feasibility Report!W aive Public Hearing/07 -25/2756 _1341h Lane NW /SS &
WM (See Resolution R084-07)
Item 6 Accept Feasibility Report!Waive Public Hearing/07-26/2766-1341h Lane NW/SS &
WM (See Resolution R085-07)
Item 7 Accept Feasibility Report!Waive Public Hearing/07-29/14555 Round Lake Blvd
NW/SS & WM (See Resolution R086-07)
Item 8 Approve Plans & Specs/Order Advertisement for Bids/06-22 (Crooked Lake Boat
Landing), 07-9 (Terrace Park) & 07-18 (1601h Lane NW Cul-De-Sac) (See Resolution
R087-07)
Item 9 Approve Easement/Connexus Energy
Item 10 Approve Temporary Tent/Sign Permits for Festival Foods
Item 11 Approve Resolution Adding Supplemental Depository (Res. R088-07)
Item 12 Approve Hold Harmless & Easement Encroachment Agreement/841 - 1601h Lane
NW
0 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
lInllnimously.
Councilmember Jacobson arrived at 7:11 p.m.
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Sergeant Kevin Halweg, Anoka County Sheriff's Department, provided an update on law
enforcement activities occurring within Andover.
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV02-33/ANDOVER STATION
NORTH (JAY STREET NW CONSTRUCTION)
Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:16 p.m. Motion carried
nmmimously.
No one wished to address the Council.
Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:17 p.m. Motion carried
nmmimously.
. Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for
Project 02-33, Andover Station North (Jay Street NW Construction). Motion carried nnanimously.
(Res. R089-07)
HOLD PUBLIC HEARING/07-l/CONSTRUCTIONSITEEROSIONAND WASTE CONTROL
ORDINANCE
The City of Andover is required to comply with the latest NPDES (National Pollutant Discharge
Elimination System) regulations set forth by the Minnesota Pollution Control Agency (MPCA). One
requirement as part of this program is to have an ordinance or other regulatory mechanism in place,
which has language on erosion and sediment controls and sanctions for compliance.
Kameron Kytonen, Natural Resources Technician, discussed the staffreport with the Council.
Councilmember Jacobson stated on page three, Section 5.1, titled "Debris Storage", it states "All
construction debris shall be kept in an enclosed building or properly contained in a closed container".
He indicated he would like to strike the word "closed" because if it is kept in a container designed
for such purpose that should clarifY it. He thought removing the word would be adequate.
Councilmember Trude stated she had a concern about that because she lives in a neighborhood that
0 was under construction for seven years and they continually were picking up debris from their yard.
She stated even several years after the last house was built, there was a lot of debris in the natural
areas because of so many builders using the chicken coop with two by fours to contain garbage and a
lot of the material that was put in there would get blown out and it litters an entire portion of the City
for a number of years. She thought they were trying to keep their environment clean and a roll-off
would be adequate. Councilmember Jacobson indicated that roll-offs are not covered either.
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 4
Councilmember Jacobson thought if they took the word "closed" and replaced it with "covered" that
would help because a closed container means something different to him than a covered container.
Councilmember Trude stated the builders looked at this and did not have a comment. Mr. Kytonen
stated that was correct.
Mayor Gamache asked what container means and would they still be able to use some fencing and
cover it with something or are they talking about large containers such as roll-offs. Mr. Kytonen
stated there are a number of instances where garbage blows around but they would allow some sort
of tarping at the end of the construction day to prevent the wind from blowing the contents around.
Councilmember Jacobson stated when the container is closed it means all sides are enclosed and
knowing how they handle the stuff, he objected to the word "closed". If they want to insert the word
"covered", that would make more sense. Councilmember Knight stated this wording would require a
flip top dumpster. Councilmember Orttel stated the roll-offs normally used on construction sites do
not have covers on them.
0 Motion by Councilmember Jacobson, Seconded by Councilmember Orttel, to strike the word
"closed" and replace it with "covered" in Section 5.1.
Councilmember Orttel stated he would rather see this say "approved container". Mr. Berkowitz
stated the intent is to cover this. The problem they have seen is on a windy day when the debris is
blown all over the neighborhood. He stated they are looking at having them at least at the end of the
construction day to tarp the container and not have to get a roll off container to contain it. He stated
the chicken coop style would still be allowable but they would have to cover it with a tarp.
Councilmember Orttel stated in Section 5.4, they do a fair amount of dewatering when they do their
sewer and water projects and it says in this section that it has to be treated and be put back into a
pond. He wondered if they have to build a treatment system Or do they have a portable one. Mr.
Berkowitz indicated they have actually changed the requirements for dewatering. They do have to
properly treat it and the City's storm water pond. As long as that does not discharge into a water
body, that can be used as a treatment. The concern is that it does not erode the side so the storm
water ponds would be eligible for dewatering but they cannot dewater directly into a wetland. lake or
a nver.
Councilmember Jacobson asked for a point of order to vote on the motion presented earlier. Mayor
Gamache asked for a vote.
0 Motion carried nmmimously.
Councilmember Trude stated on page 4, she had a word change, third line; the word is listed as
''temporary'' and should be ''temporarily''.
Councilmember Trude stated having lived in developments and hearing people who live in new
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 5
developments, she wondered if they will they have some better enforcement for going after the
contractors that are slobs and littering neighborhoods and wetlands and ditches. Mr. Kytonen stated
they will continue with some pretty sound enforcement and penalties will be enforced.
Councilmember Trude stated another thing that happens is that people start to trash vacant 10ts and
she thought if they could keep construction sites cleaner, they would keep the neighborhoods clean.
Councilmember Jacobson stated on page 5, Section 8.5, "Violation is a Misdemeanor", second line
states "Any person who is found to violate any section of this ordinance shall be guilty of a
rnisdemeanor and upon conviction". He noted a person is not guilty until convicted and the second
line should read "... ordinance shall be charged with a rnisdemeanor and upon conviction. . ."
Councilmember Trude stated she would like to talk at a future workshop about going to
administrative offenses instead of a rnisdemeanor.
Motion by Knight, Seconded by Trude, to open the public hearing at 7:31 p.m. Motion carried
unanimously.
0 Mr. Winslow Holasek, Andover Boulevard, stated safe dewatering should be clarified whether it is
for erosion or pollution. Mr. Berkowitz stated to meet the requirements as set forth by the DNR and
MPCA, the bottom line is the City meets all the requirements of the agencies. He stated every site is
different and they will meet the requirements of the DNR or the MPCA. He suggested they add the
following language: "and/or the LGU, the Coon Creek Watershed District or Lower Rum Districts".
Councilmember Trude thought they could state "...as set forth by the local Watersheds".
Mayor Gamache explained the reasoning for having holding ponds and how they filter the water
through.
Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:37 p.m. Motion carried
unanimously.
Motion by Knight, Seconded by Trude, to approve the Ordinance with the changes listed in the
discussion. Motion carried unanimously. (Ord. No. 346)
CONSIDER REVISED PRELIMINARY PLATIHICKORY MEADOWS
Community Development Director Neumeister stated the Council is asked to review the revised
0 preliminary plat for this project.
Councilmember Trude stated there was one item she brought up before they did the Preliminary Plat
approval regarding the trail. They know the trail can go by the creek and they want to make sure
there is a link from the residential neighborhood that will not be constructed until Outlot A is
developed and she wondered if they need to include that in their new resolution when they definitely
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 6
state a trail easement will be provided along Coon Creek and then refer to an additional trail
easement provided from the street to be constructed with Hickory Meadows Outlot A to the Creek
Trail. She wondered if they can they wait until Outlot A is platted to require that connection. City
Attorney Hawkins indicated they can wait until Outlot A is platted.
Councilmember Jacobson asked where the change was made in the sewer 10cation. Mr. Neumeister
indicated it was based on the drawing. He stated Condition Three shows the changes.
Mr. Berkowitz showed the revised changes to the development to the Council.
Councilmember Jacobson stated because the route for the sewer is new and it was not in the original
proposal, they had a workshop and talked about the restoration if the sewer goes into this new
location. They talked about several different options that were available. He did not see anything in
the proposal regarding any restoration or landscaping they talked about for the sewer on the south
side of the creek. He wondered if there was something in another document they should be relating
to. Mr. Berkowitz stated the Watershed would not allow any landscaping in that location. The
0 second item on how this would be restored or maintained would be handled through the sewer and
water plan, which will come forward at another time.
Councilmember Trude stated when she was looking through the packet, it looked like the sewer plan
matched what Mr. Berkowitz had but he said it did not. Mr. Berkowitz explained some of the
changes that have been made to the sewer plan. Councilmember Trude stated they want to make
sure the Resolution actually reflects the plans of June 11, 2007 as revised by the City Engineer at the
June 19,2007 meeting.
Mayor Gamache assumed they were coming in at Cottonwood because that was the better place to
start the sewer. Mr. Berkowitz stated that is correct. Councilmember Trude asked if they need a lift
station with this plan. Mr. Berkowitz stated they do not.
Councilmember Trude stated one concern they talked about at the workshop which they did not
discuss yet was the safety for the residential properties that would have sewer work being done in
their backyard. Mr. Berkowitz reviewed what will be done for safety to the neighborhood.
Councilmember Jacobson wondered if the developer is in agreement with the changes staff has
made. Mr. Brad Wilkening, Hawkinson-Anderson. Civil Engineer for Bruce Carlson of Kodiak
Development, stated this is something they discussed and it is a fairly minor change to the plans.
Mayor Gamache asked if any of the residents would like to speak. No one rose to speak to the
0 Council.
Motion by Jacobson. Seconded by Orttel, to approve the revised preliminary plat with the following
change to the Resolution under ''Now, Therefore Be It Resolved" under the third point, "The plans
shall conform to the plans received by the City on June 11, 2007 and as changed by the City
Engineer at the June 19,2007 meeting of the City Council". Motion carried unanimously. (Res.
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 7
R090-07)
RESCHEDULE AUGUST 7, 2007 MEETING
August 7, 2007 is National Night Out and also a regularly scheduled Council meeting night. To give
the Council the opportunity to attend National Night Out events throughout the City, it is
recommended that the August 7, 2007 Council meeting be rescheduled.
Motion by Orttel, Seconded by Trude, to reschedule the August 7, 2007 City Council meeting to
August 8, 2007 at 7:00 p.m. Motion carried unllnimously.
SCHEDULE JULY WORKSHOP
Motion by Jacobson, Seconded by Trude, to schedule a Workshop for July 24,2007 at 6:00 p.m.
Motion carried unllnimously.
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SCHEDULE JULY EDA MEETING
Motion by Trude, Seconded by Knight, to schedule an EDA meeting on July 17, 2007 at 6:00 p.m.
Motion carried unllnimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders, and rniscellaneous projects.
Mr. Dickinson indicated they want to make the presentation from the Sheriff's Department a part
of their budget process. The Sheriff's Department will present their budget this year.
Councilmember Jacobson did not think this was the same presentation that was at the Elected
Officials meeting. He stated this was the presentation the Council wanted. Mr. Dickinson
indicated the Sheriff's Department will present their budget along with being available to discuss
the other items, which is enforcement of ordinances and other discussion items. Councilmember
Jacobson stated the reason he brought that up was the information was so good that he thought
they should present it at a Council meeting.
0 Councilmember Trude thought two issues were brought up. One has to do with the contract
officers knowing their ordinances and that was what they wanted to address, how they train the
officers and what do they get in Andover. The other issue was a presentation to the residents like
they had. Mr. Dickinson stated that is a focus they like to make during their QCTV updates.
0 Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 8
Mayor Gamache thought instead of doing the official reading of the numbers for their monthly
Sheriff's Update, maybe they could have Captain Jenkins go over what Sheriff Andersohn had
put together with the County Attorney. Mr. Dickinson wondered if they want to change the
format of how they do the Sheriff's Update. He noted they are open for changes. Mayor
Gamache thought they received a lot of information from the Sheriff's Department compared to
other communities with their own Police Departments.
Councilmember Knight stated he would like to see more than statistics and more discussion
topics.
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
0 (Winter Shovelingfor Seniors and Handicapped People) - Councilmember Jacobson stated several
weeks ago he brought up the question about Coon Rapids senior citizens and handicapped people
who have their driveways shoveled out for them. Staff did investigate and said they have a process
in Coon Rapids where they have organizations that do this. They did not take it any further and he
wondered if there was any opposition from the Councilmembers to direct staff to take a look at the
model Coon Rapids is using and set up something for this winter. Mayor Gamache thought it was a
good idea. Councilmember Trude stated there should be some service organizations and the High
School is always looking for Community Service Projects so they may have a contact person that
handles volunteer work.
(Fun Fest Booth) - Councilmember Trude wondered if they will have a booth at the Fun Fest. Mr.
Dickinson indicated they have one reserved.
(Festival Foods) - Mayor Gamache stated they approved the temporary tent and sign permits tonight
for Festival Foods and their plan is to reopen around July 5, 2007.
(City Golf Tournament) - Mayor Gamache thanked staff for the great work they did at the Golf
Tournament.
(Elected Officials Meeting) - Mayor Gamache stated if there is anything the Council would want to
0 have discussed at the elected officials meeting, let him know because they are always looking for
different issues and items to put Oil their agenda. Counci1member Jacobson suggested they should
always end with a question and answer session.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried nnanimously. The meeting
C Regular Andover City Council Meeting
Minutes - June 19, 2007
Page 9
adjourned at 8:20 p.m.
Respectfully subrnitted,
Susan Osbeck, Recording Secretary
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