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HomeMy WebLinkAboutWK November 27, 2007 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US City Council Workshop Tuesday, November 27,2007 Conference Rooms A & B 1. Call to Order - 6:00 p.m. 2. Marystone Boulevard NWIRoanoke Street NW Update/07-33 - Engineering 3. TIF 1-4 Redevelopment District Code Enforcement Discussion - Administration 4. Review Antenna Request - Planning 0 5. Park Comprehensive Plan Update on Commercial/Industrial Fee - Administration 6. Discussion Dangerous Dog City Code - City Clerk 7. 2008 Operating Budget Progress Report & Discussion - Administration ~ 8. Truth-in- Taxation Presentation Discussion - Administration 9. Other Business Closed Session 10. City Administrator Review End Close Session 11. Adjournment 0 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ANDOVER CITY COUNCIL WORKSHOP- NOVEMBER 27, 2007 MINUTES A workshop of the Andover City Council was called to order by Mayor Mike Gamache, November 27,2007,6:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mayor Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Administrator Jim Dickinson Director of Public Works/City Engineer Dave Berkowitz Director of Community Development Will Neumeister Human Resources Manager Dana Peitso Fire Chief Dan Winkel Others 0 MARYSTONE BOULEVARD NW/ROANOKE STREET NW UPDATE/07-33 Mr. Berkowitz stated the Council discussed this project in June of this year and the direction from Council at that time was to survey the roadway and review storm water treatment options for the site, followed by a neighborhood meeting to discuss the survey information. Mr. Berkowitz presented two design options based on the survey. He stated Option #1 includes an 18- foot wide road with a one-foot gravel shoulder on each side and a minimum seven-foot clear zone (tree removal). He stated the total width to be cleared is 32-34 feet. He added this option could be reduced by one foot on each side and use the gravel shoulder as part of the seven-foot clear zone. Mr. Berkowitz stated that Option #2 includes an l8-foot wide road with B6l2 concrete curb and gutter on each side. He indicated the minimum clear zone of this option would be 1.5 feet, with the total minimum width to be cleared of 25 feet; this option would make it difficult in heavy tree areas to provide snow storage within the boulevard. Mr. Berkowitz stated that both options would require right-of-way dedication by the property owners along with drainage and utility easements to handle storm water. Mr. Berkowitz reported a neighborhood informational meeting was held on November 19, 2007, and at that time, the layout options were presented to the residents along with a revised cost estimate. He stated Option #1 is $216,000 or $27,000 per unit; Option #2 is $264,000 or $33,000 per unit. 0 Councilmember Jacobson asked about treatment of storm water. Andover City Council Workshop Meeting Minutes-November 27,2007 0 Page 2 Mr. Berkowit2 replied that staff feels there are new techniques available to handle storm water on the site, including the use of rain gardens and utilizing existing low areas. He indicated that Maplewood has an agreement with its residents that they maintain the rain gardens and that is an option for the City. He noted the City would construct the rain gardens and then make a determination if it would be a public improvement or have an agreement with the residents that they maintain the gardens. He stated for those residents with low spots that would be used for run-off, the City would be required to obtain an easement. He stated there is also a possibility of shifting the road to protect the trees on the south side. Mr. Berkowitz stated the Rum River has special requirements in this area; because it is protected, no additional discharge ofTSS (total spent solids) or phosphorus is allowed in the area. He reported that he met with representatives of the Rum River Watershed District and they felt based on existing conditions, the City could handle storm water discharge on the site. He added that he is confident the' City can handle storm water discharge in this area. Mr. Berkowitz stated a rain garden can only have about one foot of water in it and anything above that has to flow somewhere, ultimately into the low areas. The City would have to compensate for that, perhaps by placement of a culvert in the road. There are many low impact methods that are viable options when it comes to storm water. 0 Councilmember Trude stated cost appears to be a major issue with the proposed project. Mr. Berkowitz agreed that cost is an issue along with impact on the trees. He stated that Mrs. Strootman has expressed a willingness to move the road to help preserve trees. He reiterated that staff looked at minimum design standards for each option while still meeting fire code specifications. Councilmember Jacobson asked why the two options are more than $200,000 over the amount shown on the private bid from Rum River Contracting. Mr. Berkowitz replied the bid of $62,762 from Rum River Contracting basically includes shaping the roadway, adding an additional 3" of class 5 gravel, then paving both a base course and a wear course, and possible bituminous curbing. Councilmember Trude asked about tree removal. Mr. Berkowitz replied that trees less than 4" are considered insignificant; the estimate counted any tree larger than 4". Councilmember Trude noted a significant difference in tree removal between the two options, with 135 trees being removed in Option #1 and 41 trees being removed in Option #2. 0 Mr. Dickinson stated the clear zone is different between Option # 1 and #2, resulting in less tree removal in Option #2. Andover City Council Workshop Meeting Minutes - November 27, 2007 0 Page 3 Councilmember Trude asked if the figures are based on other projects completed by the City. Mr. Berkowitz replied for the feasibility study, staff put indirect costs at $20,000; typically staff uses a figure of $30,000. He explained that indirect costs include such items as staff time spent on design work, survey work, public hearings, feasibility report preparation, and construction interest. Bob Sykes, 15800 Roanoke Street, appeared before the City Council. He stated he is against the project and is not willing to pay for the proposed upgrade. He does not feel the road needs to be improved. Terrell Yeager, 4810 Marystone, appeared before the City Council. He is opposed to the project. The major issue with the road appears to be dust created from vehicle traffic; he felt the City has done a good job of controlling the dust. Because of the cost associated with improving the road, he can live with the dust. Councilmember Knight asked if the road has been chemically treated for dust. Mr. Berkowitz replied in the affrrmative. 0 Dr. Yeager stated one of the issues previously raised relates to water on the road. If there was some way the rain gardens could resolve this problem, perhaps people would be willing to put up with the dust. Lois Granstrom, 4860 Marystone, appeared before the City Council. She stated that initially the proposed project sounded okay to her, until she learned how the road had to be widened. She stated the cost estimate was a shock to her and she is opposed to it. If there were some way to keep the road fairly narrow without significant cost, she would give further consideration to the improvement, but right now the cost is too high. Jim Neilson, 4949 Marystone, appeared before the City Council. He wants it on the record that he was not the impetus for this project and explained that he gets blamed for it. He and his wife are against the proposal as given by the City, and felt the amount is astronomical and not justified. He felt the figures from Rum River Contracting can be justified. Mr. Neilson presented a bid from another contractor for consideration by the residents and stated since the last meeting, the City Engineer has talked to this contractor (Dan Remer) and Mr. Remer told the City Engineer that he could do the project for his quoted price, which would result in a cost per owner of $8,782.84. He stated that this proposal does not take out any trees, does not include concrete curb, includes 1,500' of bituminous curb, and includes storm water treatment. He stated that in order to proceed with this bid, all residents must agree since the 0 project would be completed by the property owners with no involvement from the City. If one resident does not agree with the project, it will not be completed. rfthat happens, he wants to see the City to take care of the road to everybody's satisfaction. Andover City Council Workshop Meeting Minutes - November 27, 2007 0 Page 4 Councilmember Jacobson asked if this is a legal public road. Mr. Dickinson replied the road includes some dedicated right-of-way, most of it being prescriptive based on the fact that the City has been maintaining it. The options presented by Mr. Berkowitz include basic standards that the City must adhere to. Councilmember Jacobson stated this is a public road and if the City updates it, it must meet minimum standards. He does not believe residents can do their own project. Mr. Neilson reiterated his fIrm opinion that he is right when stating this is a project that the residents could undertake at their own expense without any involvement by the City. The road is owned in fee by the adjoining property owners, which means the owners control it, subject to the public's right to have a public road. Since he has an easement, he has the right to use the road and build a road as long as it does not create a hazard for the City. Mayor Gamache asked if the proposal by Mr. Neilson calls for any tree removal by the Rum River. Mr. Neilson replied it does not. 0 Councilmember Orttel stated if Mr. Neilson's proposal does not meet City standards, it cannot be completed; in addition, Mr. Neilson's proposal requires 100% participation by the property owners. Councilmember Jacobson stated it would be helpful to obtain the City Attorney's opinion on this. Mayor Gamache asked Mr. Sykes, Dr. Yeager, and Ms. Granstrom their thoughts on Mr. Neilson's proposal. Ms. Granstrom stated she is okay with the private proposal obtained by Mr. Neilson. Mr. Sykes stated he is still against the proposal. Dr. Yeager stated he is still against the proposal. Mr. Dickinson stated it sounds like residents are asking for a more concerted effort on dust control and water drainage. Mayor Gamache suggested taking some measurements and seeing what problems exist in the area with respect to drainage and determine what can be done to correct the issue. He expressed 0 the Council's appreciation to all the residents and to Mr. Neilson for sharing his proposal. He would like to further discuss the matter with the City Attorney. Councilmember Jacobson concurred. Andover City Council Workshop Meeting Minutes - November 27, 2007 0 Page 5 Mr. Sykes stated he has two concerns with the current road, i.e., storm water drainage and the resulting ponding on the roads and the other concern relates to dust control. He stated the chemical treatment on the roads works well to mitigate dust and represents a minor cost to residents. Mr. Neilson stated his position that his taxes pay for dust control and he is not willing to pay any additional monies for dust control. Mr. Berkowitz stated if the City is considering treating this road more than once per year, staff should consider doing all roads twice and increase the budget accordingly. Councilmember Knight asked how many times the road should be treated. Mr. Berkowitz replied that staff has most of the information it needs for a gravel road credit. He stated during the summer, the street department spends approximately 32 hours per month on seven miles of roads. The street department did an analysis of the hours spent on gravel roads and concluded that these roads are probably graded once per month. Mayor Gamache stated it appears some of the residents are interested in the proposal brought 0 forth by Mr. Neilson; however, Mr. Neilson has stated unless they have 100% participation, the project will not be completed by the residents. None of the residents are interested in either option presented by the City. He felt the City should give serious consideration as to whether the dirt roads need more treatment and that information should come back to the Council if it requires changing the budget. Councilmember Knight asked if the rain gardens could still be installed. Mr. Berkowitz replied the Council would have to discuss how that gets funded. He will work with the Anoka Conservation District to determine if grant monies are available for rain gardens. Since the Rum River has restricted conditions, the City could make the argument that it is eligible to receive some grant money. It was the consensus of the City Council to discuss the issues raised this evening with the City Attorney. It was also the consensus of the City Council to direct staff to review the current maintenance policies with respect to gravel roads to determine if additional maintenance is required. Council decided not to pursue the project at this time. TIF 1-4 REDEVELOPMENT DISTRICT CODE ENFORCEMENT DISCUSSION Mr. Dickinson stated that pursuant to Council direction earlier this year, staffhas been working with some of the property owners in the Hughs/W estview Industrial Park area to achieve some 0 visible clean up and compliance with City Code. He reported the City has received some complaints from individuals in the area as to why the City is not doing more and not applying strict enforcement of the City Code. In certain instances, strict enforcement of the City Code Andover City Council Workshop Meeting Minutes-November 27,2007 0 Page 6 would completely shut down some of the businesses. Staff has made phone calls to each of the property owners in an effort to work with them on an informal basis to resolve the outstanding compliance issues, with efforts focused on visual clean-up of the area. Mr. Dickinson provided detailed information pertaining to each of the properties in the district, the outstanding code violations, and the status of staff discussions with each of the business owners. He reported that several of the business owners have made progress on cleaning up their properties. The property at 3160 _162nd Lane is currently in legal proceedings regarding the outside storage and staff is waiting for a court date. Councilmember Jacobson stated he is in agreement with staff's efforts to work with the owners on an informal basis to resolve all outstanding issues. If staff cannot get resolution on the issues, steps should be taken to enforce the City Code through legal action. Councilmember Knight asked if the business owners are in compliance with the fire code. Mr. Winkel replied that many of the owners may be out of compliance with the fIre code. Councilmember Trude stated it is important to remove the environmental hazards in the area and clean up all the junk. 0 Councilmember Jacobson requested an oral or written status report at future workshop meetings. Mr. Dickinson stated if the Mayor or Councilmembers receive any complaints or questions from residents or business owners regarding the property, he would be happy to talk to them. REVIEW ANTENNA REQUEST Mr. Neumeister stated Cricket Communications has approached the City about placing a cellular antenna tower near the City Hall complex. He stated that Cricket Communications originally requested to place an antenna on the water tower; however, the water tower already houses a number of antennas and there is not room to place any additional equipment without impeding the City's own ability to use the space. He stated a potential location for a new multi-user monopole exists north of the Public Works facility near the north end of Tower Drive, and the Public Works Director believes that a location for a tower can be worked into the Public Works expansion plans. He noted this would require approval of an antenna greater than 100' and will necessitate obtaining a variance. Councilmember Jacobson stated Cricket has asked about placement of the antenna on the side of the tank painted to match. Mr. Berkowitz stated that structurally, the City does not want the antenna on the side. He noted 0 the Council has earlier expressed concem about the amount of equipment currently on the tower. Councilmember Knight asked about income derived from the leases on City property. Andover City Council Workshop Meeting Minutes - November 27, 2007 0 Page 7 Mr. Dickinson stated the City currently has two leases with nine antennas on the building, which amounts to approximately $36,000 per year. Councilmember Trude asked how high the antenna will be. Mr. Neumeister replied it will be at least 120 feet. Councilmember Knight stated this would be a monopole, which is barely noticeable. Councilmember Orttel asked if the pole would be rented to other users. Mr. Dickinson replied the company is leasing the ground and using the pole. He explained the City takes an escrow up front, which is typically equivalent to the amount it would take to take . the tower down. He stated with a single monopole, Cricket wants an area approximately 10-25' on the bottom to put in their equipment cabinet. Councilmember Jacobson noted that in order to obtain a variance, the applicant has to show hardship. He asked if the ordinance needs to be amended. 0 Mr. Neumeister agreed the ordinance should be reviewed and possibly amended, particularly since there will be more requests like this in the future. Councilmember Knight asked if the public works property should be rezoned, noting this property should not be zoned residential. Mr. Neumeister stated that staff will review the ordinance and bring any suggested code amendments to a future Council meeting. PARK COMPREHENSIVE PLAN UPDATE ON COMMERCIALlINDUSTRIAL FEE Mr. Dickinson stated as part of the Park Dedication Study and Park Improvement discussion at the October 23rd workshop meeting, staffwas directed to further research the commercial/industrial park dedication fees and present a recommendation to the Council. The current commercial/industrial park dedication fee is set at 10% of the value of the land; based on research, staffhas discovered that this fee is not comparable to what other communities are charging and may deter future commercial/industrial development in the City. He stated staff is recommending that the City Council consider a new fee structure based on the current residential development fee with an appropriate multiple of that fee, or 10% of the value of the land, whichever is less. He added the proposed fee structure includes an escalator, which will be adjusted each year. 0 Mayor Gamache stated that some communities have different prices for commercial versus industrial property and asked if there was any benefit in looking at this for Andover. Andover City Council Workshop Meeting Minutes - November 27, 2007 0 Page 8 Mr. Dickinson replied staff prefers to keep the calculation as simple as possible and not distinguish between commercial and industrial property. Concensus ofthe Council was to accept the proposal. He then presented an outline of park additions and maintenance showing what has been added to the City's fixed asset system for park improvements since 2000, as well as items removed. He noted that total improvements since 2000 are $23 million; this figure includes the Community Center. This represents a significant commitment by the City to its parks system. Councilmember Trude asked that the park additions and maintenance report be forwarded to the Park Commission from the City Council. DISCUSS DANGEROUS DOG CITY CODE Mr. Dickinson stated the Council previously discussed this matter and requested that the Planning Commission look at the city code regarding dangerous dogs to see if the code needs to be tightened up. He stated the current code complies with state statute and it is staffs opinion that there is no need to amend the code at this time and requested Council input on the matter. Councilmember Knight stated his primary concern is that the code does not contain a definition 0 of "proper enclosure." Mr. Neumeister stated the defInition is contained in the city code and read the entire definition of proper enclosure as contained in the code. He added that the Planning Commission discussed this matter at length and indicated it did not wish to change the wording in the code. Mayor Gamache stated he expects to see some legislation on this issue in the near future. Mr. Dickinson stated he attended the last meeting of the Community Center Advisory Commission and learned that a request was received for a dog show in the field house. He stated the dog show would be for pit bulls only and the request has been declined unless the Council has a strong opinion otherwise. The City's reply to the dog show request was that it did not meet with the theme of the community center facility and there are a significant number of children at the facility. He added the Community Center does not normally allow pets in the facility. 2008 OPERATING BUDGET PROGRESS REPORT AND DISCUSSION Mr. Dickinson stated the Council has had a number of reviews of the 2008 proposed budget that will be supported by the 2008 tax levy. He presented a sununary of all the major discussion items from the various workshop meetings throughout the 2008 budget process, and indicated this summary may be used as a resource by the Council in responding to resident questions regarding the budget. He reported the Truth-in- Taxation hearing announcement will be 0 published in the Anoka Union; however, the newspaper made an error in the date by ~rinting Monday, December 4th, when the correct date of the hearing is Tuesdav, December 4 . He stated the error will be corrected in the next edition of the newspaper. He indicated the December 4th Andover City Council Workshop Meeting Minutes - November 27, 2007 Page 9 0 meeting agenda will have a limited agenda to allow enough time to address any resident questions and concerns. Mr. Dickinson reminded the Council if they receive resident questions regarding market value, the market values shown on residents' statements are for values at the end of 2006; the City acknowledges that market values have changed drastically in 2007 and the Board of Equalization hearing is the time to discuss market values. Mr. Dickinson stated that some adjustment to the budget will be required because it does not include the recent tax levy. Councilmember Trude asked that staff cover the decreases in the budget from 2007 figures, most notably the staff cuts, and to address the open space referendum as well as the sheriff s contract and the new fire truck. Mr. Dickinson stated outside of the open space referendum, the 2008 budget focuses on basic services. He mentioned that the Taxpayer's Association recently published a survey, which shows Andover in the low end on taxes compared to cities with similar populations. TRUTH-IN-TAXATION PRESENTATION DISCUSSION 0 Mr. Dickinson presented representative information that will be discussed at the December 4th Truth-in- Taxation hearing. He stated the proposed 2008 tax levy results in an approximate 2.8% increase in the tax capacity rate. This does not include the approved voter referendum levy based on market value. OTHER BUSINESS Mr. Berkowitz reported that staff is currently working with Riverside Pipeline on a friendly condemnation process. He stated an issue has arisen on 148th Lane due to significant resident opposition. He explained that on Palm Street, the City required Riverside to perform jacking underneath the road and because there is a 20" pipe, a lot oflarge equipment is needed, resulting in removal of some trees to get the equipment through. Another obstacle is that some residents are not willing to give them a temporary construction easement. As a result, the contractor is going to do all work within the right-of-way. The City is also requiring them to give proper notification to residents and to restore everything in-kind. The road will be blocked off 100 feet at a time and backfilled as work is done; he felt this was a reasonable way to assist the contractor through the process. Mr. Berkowitz provided an update on the speed limit task force and stated the task force is now in place, a consultant has been hired, and representatives from MN DOT will be meeting with the task force next Thursday and will spend two hours driving throughout residential Andover. He stated that Otsego, Ham Lake, Oak Grove, Elk River, and all communities with rural residential 0 are on board with the work of the task force, as well as the senators for these areas. Andover City Council Workshop Meeting Minutes-November 27,2007 0 Page 10 Mr. Berkowitz provided an update on the Hanson Meadows development on 133rd at Jay Street. He stated that Mr. Russo, the developer, went through the platting process and sold the land to a builder; however, the builder went bankrupt. He stated the City has a $20,000 letter of credit and is currently working with the [mance company. He indicated the biggest issue is that Mr. Russo has 3-4 significant trees on the site and as part of the plat, the City required removal of those trees; Mr. Russo has indicated he did not know about the tree removal and is not allowing the City to take the trees down. He stated that staff is going to work with the City Attorney on the Issue. Mr. Dickinson stated the Andover Huskies Youth Hockey Association approached the Super Rink about reserving some time at the rink. He noted there are a number of cities that put money up front on the Super Rink and now staff is seeing some cities pulling away from it that have built their own rinks. The Super Rink is now building more sheets of ice for a total of eight. At the last Community Center Advisory Group meeting, they discussed whether the City should be a player in this to work with the local hockey association and the City to participate in securing other ice so the City can manage the market and have some control of ice time available to assist its largest client and possibly divert some of the pressure for expanding. He asked the Council for input on whether staff should explore the concept with the amateur sports commission at the Super Rink of reserving a certain number of hours and working with them to make sure the hours are filled. He noted that you get more premium hours by participating with the Super Rink. 0 Tony Howard stated he felt the hockey association got really lucky this year because it received ice time from Coon Rapids and staff is working to sign a longer term contract for that ice. He stated that an additionall60 hours of ice time was obtained through the Herb Brooks Foundation at the Super Rink and the City was fortunate to get that. Without this additional ice time from Coon Rapids and the Herb Brooks Foundation, and with the rapid growth of the sport, they would have trouble obtaining enough ice time for everybody. Councilmember Knight asked where the demand is coming from. Mr. Howard replied the City added a junior gold league this year, which is 16-18 year olds. They also started a program for 3-6 year olds and there are 120 children signed up for that. Councilmember Jacobson requested staff investigate the matter further and come back to the Council with its findings. Mr. Dickinson stated he will come back to the Council in January with further information. NEW BUSINESS - CHRISTMAS EVE HOLIDAY Mayor Gamache stated the Council received Ms. Peitso' s memo regarding the closure of City Hall on Monday, December 24, for the Christmas Eve holiday. 0 Councilmember Trude stated she felt it was important to create goodwill by closing City Hall on Christmas Eve. Andover City Council Workshop Meeting Minutes - November 27, 2007 Page 11 0 Councilmember Jacobson stated he was concerned about any union issues and ifthere are no problems with the union, he is fme with closing City Hall on December 24. He stated if somebody really wanted to work that day, he would not want them to feel the City is forcing them to take time off. Mayor Gamache stated that staff should have the ability to rotate that day depending on when Christmas falls and give staff some flexibility on their floating holiday. Councilmember Knight asked if all employees will be taking December 24th as a floating holiday. Ms. Peitso replied that employees have the option to take it as vacation, a floating holiday, comp time or annual leave. She noted that the last time staff requested closing City Hall on Christmas Eve was in 2003 because of the day of the week it fell on, so the closure of City Hall on December 24th will not be an annual request. CLOSED SESSION The Council recessed to go into the Closed Session meeting at 8:20 p.m. 0 ADJOURNMENT Motion by Councilmember Jacobson, seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:46 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. 0