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HomeMy WebLinkAboutCC June 5, 2007 C I T Y 0 F NDOVE 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 5, 2007 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/15/07 Regular Meeting; 5/22/07 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Accept Petition/Order Feasibility Report/07-29/14555 Round Lake Blvd. NW/SS & WM - Engineering 4. Accept Feasibility Report/Waive Public Hearing/07-27/14l24 Crosstown Boulevard NW/SS & WM- Engineering 5. Receive Assessment Roll/Order Public Hearing/02-33/Andover Station North (Jay Street NW Construction) - Engineering 6. Approve License Agreement with Anoka County/SCADA System for Monitoring W ell- Engineering 7. Approve Wayside Horn Agreement/BNSF /06-10 - Engineering C 8. Order Plans & Specs/06-10/Railroad Quiet Zones - Engineering 9. Certify/Delinquent Assessments/Project 05-22/Hanson Meadows - Clerk 10. Approve Agreement/06-22/Crooked Lake Boat Landing/DNR Public Water Access Cooperative Agreement - Engineering II. Approve Revised Fee Ordinance - Administration 12. Approve Refuse/Recycle Hauler Licenses - Clerk Discussion Items 13. Public Hearing/Consider Vacation of Easement/4003 146th Lane NW - Planning 14. Consider Time Extension/Preliminary P1atlWhite Pine Wilderness/161 st and Crane St. - Planning 15. Discuss Open Space Preservation - Planning Staff Items 16. Consider City Code Amendment/Deleting City Code Section 12-14-6A-5 (continued) - Planning 17. Schedule EDA Meeting - Administration 18. Schedule June Workshop - Administration 19. Administrator's Report - Administration Mayor/Council Input Adjournment 0 ~ CJ<..Q...r C I T Y o F LOu Hc-A Co-let-07 NDOVE C 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 5,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 5, 2007, 7:00 p.m., at the Andover City Hall, l685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. John Bankston & Ms. Tracie Funfar - 3917 158tb Avenue, asked for a request of the City Council to allow them to have their wedding D.J. on July 7, 2007 play until 11:30 p.m. Councilmember Trude wondered if they had talked to their neighbors. Mr. Bankston indicated they had and all were supportive and he noted they also collected some signatures if the Council would like to review them. The lot sizes in their neighborhood are between three to six acres. He talked to all the people that will be most directly affected by this and they have all been supportive. Councilmember Jacobson wondered if they need to go through the City to get a resolution for them to review and approve. Mr. Dickinson suggested they are looking for a similar process they went through with Mr. Brad Povlitzki of Po v's. Councilmember Trude thought they determined the noise ordinance applies to him and he was just getting a liquor extension to sell alcohol in the yard. She thought the best insurance was to let all the neighbors know and possibly invite them and if they asked that the volume be turned down to accommodate them because she did not know if they wanted to really encourage a whole lot of partying in the yards. 0 Councilmember Knight thought they needed to keep it at an appropriate level. Mr. Bankston indicated the music would be pointed away from their house and into the backyard. Councilmember Orttel thought they may want to look at the ordinance to see what the decibellevel is and keep it at that. He also thought if the Sheriff showed up, they would need to turn the music down. 0 Regular Andover City Council Meeting Minutes - June 5, 2007 Page 2 AGENDA APPROVAL Remove from Consent Items for discussion Items 7, (Approve Wayside Horn! AgreementlBNSF /06- 10). Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 15, 2007, Regular Meeting: Correct as amended. Councilmember Trude indicated a change on the amendment to the previous minutes. Page 2, lines 15 and 19, the word should be "perimeter". Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried 0 unanimously. May 22, 2007, Workshop Meeting: Correct as amended. Councilmember Trude stated one page 5, they were talking about the Animal Control Ordinance. On line 21, the first question she wanted to have looked at is what constitutes a modified barrier and she knows she did not say "modified barrier" so she believes the word was "restraint". She also wants to have the words "how does an invisible fence fit in their code" added in after that. Councilmember Trude stated on page 6, they were concluding their discussion on what they should do with the Animal Control Ordinance and the direction to staff was not in there. She discussed this with the Administrator and what she understood was that the "Council had directed staff to seek law enforcement input on potential improvements to the ordinance". She thought that sentence could be inserted after line 5. Councilmember Trude asked Councilmember Jacobson on page 9, line 29, what he discussed and if that was correct. Councilmember Jacobson indicated it was. Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried unanimously. 0 CONSENT ITEMS Item 2 Approval of Claims Item 3 Accept Petition/Order Feasibility Report/07 -29/14555 Round Lake Blvd. NW /SS & WM (See Resolution R076-07) 0 Regular Andover City Council Meeting Minutes - June 5, 2007 Page 3 Item 4 Accept Feasibility ReportlWaive Public Hearing/07-27/14124 Crosstown Blvd NW/SS & WM (See Resolution R077-07) Item 5 Receive Assessment Roll/Order Public Hearing/02-33/Andover Station North (Jay Street NW Construction) (See Resolution R078-07) Item 6 Approve License Agreement with Anoka County/SCADA System for Monitoring Well Item 8 Order Plans & Specs/06-10IRailroad Quiet Zones (See Resolution R079-07) Item 9 Certify/Delinquent Assessments/Project 05-22/Hanson Meadows (See Resolution R080-07) Item 10 Approve Agreement/06-22/Crooked Lake Boat Landing/DNR Public Water Access Cooperative Agreement Item 11 Approve Revised Fee Ordinance (Ord. 344) Item 12 Approve Refuse/Recycle Hauler Licenses Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. 0 PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/4003 146TH LANE NW Community Development Director Neumeister stated the applicant is seeking to vacate a portion of an existing drainage and utility easement to allow construction of a swimming pool. Councilmember Jacobson stated when he looked at the map, he wondered how far back they were going. Mr. Berkowitz indicated the section hatched out on the map is the section they are looking at. Motion by Jacobson, Seconded by Knight, to open the public hearing at 7: 16 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Trude, to close the public hearing at 7:17 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the proposed vacation of easement. Motion carried unanimously. (Res. R081-07) 0 CONSIDER TIME EXTENSION/PRELIMINARY PLAT/WHITE PINE WILDERNESS/161sT AND CRANE STREET Community Development Director Neumeister explained the developer is requesting a time extension for the White Pine Wilderness preliminary plat. 0 Regular Andover City Council Meeting Minutes - June 5, 2007 Page 4 Motion by Knight, Seconded by Trude, to approve extending the preliminary plat exemption period by one year, expiring on July 18, 2008 with the following stipulations: 1. Mr. Emmerich will pay the 2007 park dedication and trail fees instead of the 2006 fees. 2. The lots can be fmal platted and developed to the standards that existed when they were approved in 2006. Any changes in buildability requirements that took place between 2006 and now would not be applied to the lots in Phase II. If, however, the applicant requests changes to grading or design elements of the plat, a full staff review will take place and all current buildability requirements will be enforced. Councilmember Jacobson indicated the date in the Resolution is incorrect and should be July 18, 2008. Mayor Gamache asked if the applicant has begun the process in the first phase. Mr. Neumeister indicated that was correct. Mayor Gamache wondered why he did not get the final plat on the other phases. Mr. Berkowitz stated on a feasible standpoint for the developer, he wanted to phase that in with fifteen lots and see how sales go and then he will determine when he will go forward with the 0 second phase. Mayor Gamache asked if the increase is per lot. Mr. Neumeister indicated it is and he stated he talked to Mr. Emmerich regarding this and he was in agreement with this. Motion carried unanimously. (Res. R082-07) DISCUSS OPEN SPACE PRESERVATION Community Development Director Neumeister stated this memo is intended to outline the next steps necessary to achieve the goals that were presented to the voters last November. Councilmember Trude thought they had talked about the size of the Commission before and she could not recall if they were going to have a liaison from the Councilor Park Commission. Councilmember Jacobson thought they had talked about it. Mr. Dickinson stated they discussed having a Commission of seven with seeking new applicants and not liaisons from the other Commissions. If they wanted to apply they could. Councilmember Trude thought they would like to have people that have gone through something like this before. Mr. Dickinson stated the majority of the people that have applied are familiar to the 0 Council. Councilmember Knight suggested they name a Chair from the staff because there is so much that needs to be put together. Mayor Gamache stated staffwill be at all the meetings. Mr. Dickinson stated there will be staff at the meetings for support and information. Mayor Gamache thought they will have some good people on this Commission. 0 Regular Andover City Council Meeting Minutes - June 5, 2007 Page 5 Motion by Jacobson, Trude, to schedule interviews for the Open Space Preservation Commission for June 20, 2007 at 7:00 p.m. or June 26, 2007 at 6:00 p.m. if needed. Councilmember Trude requested staff schedule interviews ten minutes after the meeting starts in order for Council discussion if necessary. Mr. Dickinson indicated they could do that. Motion carried unanimously. APPROVE WAYSIDE HORN AGREEMENT/BNSF/06-10 City Engineer Berkowitz indicated the City Council is requested to approve the Wayside Horn Agreement with Burlington Northern/Santa Fe (BNSF), Project 06-10. Councilmember Jacobson felt because there were some changes in the timeframe, they should have Mr. Berkowitz discuss this so they knew what was going on. 0 Mr. Berkowitz updated the Council and residents on the progress of the Wayside Horn project. Motion by Jacobson, Seconded by Knight, to approve the Wayside Horn Agreement with Burlington Northern/Santa Fe (BNSF), Project 06-10. Motion carried unanimously. CONSIDER CITY CODE AMENDMENT/DELETING CITY CODE SECTION 12-14-6A-5 (CONTINUED) Community Development Director Neumeister stated at the April 3, 2007 meeting, the Council asked the City Attorney to review Footnote 2 on the attached resolution. Motion by Trude, Seconded by Knight, to approve the City Code AmendmentlDeleting City Code Section 12-14-6A-5. Motion carried unanimously. (Ord. 345) SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on June 19,2007 at 6:00 p.m. Motion carried unanimously. 0 SCHEDULE JUNE WORKSHOP Councilmember Trude wondered if they could get an update on the Animal Control Ordinance. Mr. Dickinson indicated they would provide one. 0 Regular Andover City Council Meeting Minutes - June 5, 2007 Page 6 Motion by Jacobson, Seconded by Knight, to schedule a Workshop meeting for June 26, 2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department ativities, meeting reminders, and Legislative Summary. 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. M4YOR/COUNCIL INPUT 0 (Festival Foods Fire) - Councilmember Trude wondered if there was any update on the Festival Foods fire that would be public information. Mr. Dickinson stated there was nothing he could say except it is still under investigation. He noted the fire inside the building was not very large but the smoke damage within the building is what caused the problem and everything had to be disposed of. He noted the sprinkler system really did the job well and protected the business. (Sprinkler Violations) - Councilmember Jacobson wondered when they will have people out looking for sprinkler violations. Mr. Berkowitz believed it was during regular work hours. Councilmember Jacobson stated he has seen several violations in the evening and he wondered if they should start looking for violations in the evening and weekends. Mr. Dickinson stated they will look into this. (Surrounding Community Meetings) - Councilmember Jacobson stated they used to have a program where they met once a year with surrounding communities to talk about things that are happening and he wondered if they should implement this again to talk about issues. (Crime Presentation by Sheriff) - Councilmember Jacobson stated at the Elected Officials Dinner the Sheriff and County Attorney made a presentation regarding crime in the communities and he wondered if they could talk them into coming to a future Council meeting to go over the specific information regarding Andover. Mr. Dickinson indicated he would look into this and see if they could get them to make a presentation at a future Council meeting. 0 (City Council and Sheriff's Department Meeting) - Councilmember Jacobson stated if they meet with the surrounding community Councils, he thought they should also meet with the Sheriff's Department annually because that is one contract in the budget that they pay a lot for. He also suggested maybe the Sheriffs could carry a copy of ordinances in the car because they periodically have new Sheriffs patrolling and it would be helpful for them to know the City ordinances. He stated 0 Regular Andover City Council Meeting Minutes - June 5, 2007 Page 7 they could also talk about general concerns and service in Andover. (Serendipity Grand Opening) - Mayor Gamache indicated the grand opening of Serendipity is this following weekend. (Concert in the Park) - Mayor Gamache stated he has been working with Erick from the Community Center on the Concert in the Park. The date has been scheduled for July 21, 2007. It will be at the pavilion at Sunshine Park the same day they will be having the In-House Baseball Tournament. (Met Council Household Projections) - Councilmember Trude noticed they had a letter from the Met Council regarding household projections and it said they estimated their population on April 1 , 2006 .at 30,207 people, 9,530 households, household size is at 3.17. She wondered if they have any comments on this they can respond to and does this seem accurate. She thought the amounts seemed kind of low. Mr. Dickinson stated Mr. Bednarz has been working with them and he continually challenges the Met Council on their numbers. (Ordinance Discussions with Sheriff's Department) - Mayor Gamache stated Councilmember 0 Jacobson brought up at the Anoka County Public Officials Meeting what cities could do in working with the Sheriff s Department on maybe changing ordinances and he thought they will probably have that discussion. The City of Blaine is looking seriously at moving their closing times for their liquor establishments back to 1 :00 am. because they have run into a lot of problems. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:13 p.m. Respectfully subrnitted, Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes-June 5,2007 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 5,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE.. .... .................................................... ........................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL.............................................................................................................2 APPROVAL OF MINUTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R076-07 accepting Petition/Order Feasibility Report/07-29/14555 Round Lake Boulevard NW/SS & WM ..................................................................................... 2 Resolution R077-07 accepting Feasibility Report/Waive Public Hearing/07-27/14124 Crosstown Blvd NW /SS & WM ..................................................................................... 3 Resolution R078-07 receiving Assessment Roll/Order Public Hearing/02-33/Andover Station North (Jay Street NW Construction) .................................................................. 3 Approve License Agreement with Anoka County/SCADA System for Monitoring Well.. 3 Resolution R079-07 ordering Plans & Specs/06-1O!Railroad Quiet Zones......................... 3 0 Resolution R080-07 certifying/Delinquent Assessments/Project 05-22/Hanson Meadows ............... ................................................... .......................... ............................. 3 Approve AgreementJ06-22/Crooked Lake Boat Landing/DNR Public Water Access Cooperative Agreement ..................... .............. .................. ... ........... ............................... 3 Approve Revised Fee Ordinance (Ord. No. 344)................................................................. 3 Approve RefuseIRecycle Hauler Licenses ........................................................................... 3 PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/4003 146TH LANE NW Motion to Open and Close Public Hearing ........................................................................... 3 Motion to Approve (Res. R081-07) ...................................................................................... 3 CONSIDER TIME EXTENSIONIPRELIMINARY PLAT/WHITE PINE WILDERNESS/ 161sT AND CRANE STREET Motion to Approve (Res. R082-07) ...................................................................................... 3 DISCUSS OPEN SPACE PRESERVATION Motion to Schedule Interview Date ...................................................................................... 4 APPROVE WAYSIDE HORN AGREEMENT/BNSF/06-10 Motion to approve ..... ......................................................................... ................................... 5 CONSIDER CITY CODE AMENDMENT/DELETING CITY CODE SECTION 12-i4-6A-5 (CONTINUED) Motion to approve (Ord. No. 345) ........................................................................................ 5 SCHEDULE EDA MEETING................................................................................................... 5 SCHEDULE JUNE WORKSHOP ............................................................................................ 6 ADMINISTRATOR REPORT ..................................................................................................6 0 MAYOR/COUNCIL INPUT Festival Foods Fire ............................................................................... .... ............................. 6 Sprinkler Violations ........................... ................................................ ......... .......................... 6 Surrounding Community Meetings....................................................................................... 6 Crime Presentation by Sheriff....................................................... ........... ............................. 6 0 Regular Andover City Council Meeting Minutes-June 5,2007 Page 9 Regular Andover City Council Meeting Minutes -June 5,2007 Table of Contents Page ii MAYOR/COUNCIL INPUT (Continued) City Council and Sheriff's Department Meeting .................................................................. 7 Serendipity Grand Opening......................... ....................................... ................................... 7 Concert in the Park.................. ......................................................... .......... ........................... 7 Met Council Household Projections .....................................................................................7 Ordinance Discussions with Sheriff's Department............................................................... 7 ADJOURNMENT......................................................................................................................7 0 0