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HomeMy WebLinkAboutCC November 20, 2007 ~~ CL4-..J C I T Y 0 F Lu{j~ 16.-4-0'7 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, November 20, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/6/07 Regular Meeting, 11/6/07 Closed Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Draft Nondegradation (NPDES) Assessment/06-49 - Engineering 4. Approve Quit Claim Deedll4419 7th Avenue NW /07-44 - Engineering 5. Approve 2008 TimeSaver Secretarial Service Contract - Clerk 6. Approve Health Insurance Renewal and Employer Contribution - Administration 7. Consider Closing City Hall Christmas Eve - Administration 8. Approve Tobacco and Liquor Licenses - Clerk 9. Approve Land Purchase PIN 22-32-24-43-0005 - Administration 0 10. Approve Amendment to City Code Title 3, Chapter 3-3-1, Licenses -Building 11. Approve LMCIT Liability Coverage - Administration Discussion Items 12. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 13. Public Hearing 2008-2012 CIP -Administration 14. Consider Conditional Use PennitINorthem National GasIPrairie Knoll Park - Planning 15. Consider Variance to Front Yard Setbacks/Woodland Estates 3rd Addition - Planning Staff Items 16. Schedule EDA Meeting - Administration 17. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 Regular Andover City Council Meeting Minutes-November 20,2007 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 20,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Approve Draft Nondegradation (NPDES) Assessment/06-49 ............................................. 2 Approve Quit Claim Deed/14419 7'11 Avenue NW/07-44.................................................... 2 Approve 2008 TimeSaver Secretarial Service Contract ................,..................................... 2 Approve Health Insurance Renewal and Employer Contribution........................................ 2 Approve Tobacco and Liquor Licenses ............................................................................... 2 Approve LMCIT Liability Coverage ................................................................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received......................... ....................................................................................................... 2 PUBLIC HEARING 2008-2012 CIP 0 Motion to open public hearing..............................................................................................3 Motion to close public hearing ............................................................................................. 3 Motion to approve (RES. RI61-07)...................................................................................... 3 CONSIDER CONDITIONAL USE PERMIT/NORTHERN NATURAL GAS/PRAIRIE KNOLL PARK Motion to approve (RES. RI62-07)...................................................................................... 3 CONSIDER VARIANCE TO FRONT YARD SETBACKSiWOODLAND ESTATES 3RD ADDITION Motion to approve (RES. RI63-07)...................................................................................... 5 CONSIDER CLOSING CITY HALL CHRISTMAS EVE ....................................................... 6 APPROVE LAND PURCHASE - PIN 22-32-24-42-0005.......................................................7 APPROVE AMENDMENT TO CITY CODE TITLE 3, CHAPTER 3-3-1, LICENSES (ORD. No. 359)..................................................................................................................... 8 SCHEDULE EDA MEETING...................................................................................................8 ADMINISTRATOR REPOR T .................................................................................................. 8 MAYOR/COUNCIL INPUT Administrative Update Question...................... ........... ............ ....... .......... .............. ... ............ 8 Progress Update of Railroad Tracks at Bunker Lake Boulevard .......................................... 9 ADJOURNMENT...................................................................................................................... 9 0 0 REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 20, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 20, 2007, 7 :02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator; Jim Dickinson City Planner, Courtney Bednarz Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Remove from Consent Items for discussion Items 7, (Consider Closing City Hall Christmas Eve); and Item 9, (Approve Land Purchase PIN 22-32-24-43-0005); and Item 10 (Approve Amendmentto City Code Title 3, Chapter 3-3-1, Licenses). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 6, 2007, Regular Meeting: Tabled. 0 Councilmember Trude requested these minutes be tabled for additional Council comments to be added to the Prevailing Wage Discussion by staff. Motion by Trude, Seconded by Orttel, to table the November 6, 2007 minutes for further Council 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 2 comments. Motion carried unanimously. November 6, 2007, Closed Meeting: Correct as written. Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Draft Nondegradation (NPDES) Assessment/06-49 Item 4 Approve Quit Claim Deed/14419 7th Avenue NW/07-44 Item 5 Approve 2008 TimeSaver Secretarial Service Contract Item 6 Approve Health Insurance Renewal and Employer Contribution Item 8 Approve Tobacco and Liquor Licenses Item 11 Approve LMCIT Liability Coverage 0 Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Lieutenant Brian Podany, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. PUBLIC HEARING 2008-2012 CIP City Administrator Dickinson stated the City Council is requested to hold a public hearing to give the public the opportunity to comment on the proposed 2008-2012 Capitallmprovement Plan (CIP). Councilmember Orttel wondered if this includes the Enterprise Funds. Mr. Dickinson indicated it does. Councilmember Jacobson asked if the public hearing is to look at everything they want to do from 2008 to 2012 but in the resolution it indicates they are adopting the CIP for those same years but in actuality, they are really adopting the plan for 2008. The rest is going to be changed every year so he 0 wondered if the resolution is correct. Mr. Dickinson stated this is the 2008 CIP. In the document there is an introductory that does identify that year one is what they are working on and it does identify a process for 2008 as to how they will work through the improvements and it does identify that the following four years are planning stage items. 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 3 Mayor Gamache stated in the Department Summary, the total dollar amount is different than what they have on page eight and the other pages. Mr. Dickinson stated they will be different because starting on page fifteen it is sectioned off as improvements so when they get to the front pages, they have to total the improvement and equipment sections together. Once those two are put together, that is what they have in the summary section. Councilmember Orttel stated when they show streets and highways, this past year the Council made a decision to increase the Government contribution to resurfacing the streets and improving the gutters, etc. What percentage of the forty-nine percent is related to that. Mr. Dickinson stated the total street improvement plans for 2008 are $2,075,346. Councilmember Trude stated on page eight the funds are not entirely from property tax levies but a lot of these things come from multiple sources. Mr. Dickinson stated that is correct. Mr. Dickinson reviewed the different funds with the Council and the residents. Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:25 p.m. Motion carried 0 unanimously. No one wished to address the Council. Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:25 p.m. Motion carried unanimously. Councilmember Trude indicated staff did a good job on the project and made up a booklet for the public to view at City Hall. Mr. Dickinson indicated this will also be available online. Councilmember Trude thanked staff for all their work on the project. Motion by Knight, Seconded by Orttel, to approve the attached resolution adopting the 2008-2012 CIP. Motion carried unanimously. (RES. RI61-07) CONSIDER CONDITIONAL USE PERMIT/NORTHERN NATURAL GAS/PRAlRlE KNOLL PARK City Planner Bednarz stated Northern Natural Gas has proposed an expansion of the existing facilities within Prairie Knoll Park as part of a larger pipeline project to provide natural gas to the Xcel Energy Riverside power plant in Minneapolis. 0 City Planner Bednarz reviewed the information with the CounciL Councilmember Jacobson noted this is a friendly eminent domain process against the City. Mr. Bednarz stated that is correct. Mr. Dickinson noted they have initiated that process and he believes 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 4 this is in court the first or second meeting in December. City Attorney Baumgartner stated that is correct. They have the fIrst hearing the fIrst or second week of December where they will present their petitions and at that point Commissioners will be assigned or a list of Commissioners will be provided from which the parties can select Commissioners. That then leads into discussions or negotiations as to the value of the property that is being taken through the eminent domain process. The only question remaining is the value of the property. Councilmember Trude wondered if they want to add a condition regarding adequate landscaping. Mr. Bednarz stated this is at Council discretion. He thought there were a clear number of trees on the site plan. Councilmember Orttel wondered if this will go to the ARC Committee. Mr. Bednarz stated it would. He suggested that if the Council is not comfortable with the level of screening shown on the site plan, they could make some specific comments. Councilmember Trude stated in the resolution item five should be changed to read: "the applicant shall provide landscaping along the north and west sides of the proposed facility including an adequate number of evergreen trees. Additional appropriate screening shall be provided on the remaining sides as determined by ARC." 0 Councilmember Trude understands Northern Natural Gas wants to have site lines from the street otherwise she would ask for screening from the street. She thought that discussion could perhaps occur and would suggest some low profIle bushes on the other two sides. Councilmember Jacobson stated they had a meeting regarding parking problems and he wondered if they extended the parking lot to create more parking spaces. It looks like it would have to go over the right-of-way or pipe that is being laid and he would want to make sure if they agreed to this that they would have the permission to expand the parking lot over the pipe if they want to do so. Mr. Bednarz stated he is confident it would not be a problem if they expand their parking lot. Councilmember Trude stated condition six should read: ''Northern Natural Gas agrees to allow the city to encroach on the pipeline easement for a future parking lot". Councilmember Jacobson stated the way it sits right now, this is a medium sized facility and it can be seen but they are adding quite a bit of space, piping and building to what they already have which makes it a fairly large facility. They do have some plantings along the west and north side but he wondered if they should look at putting inserts in the cyclone fence to shield this from the residents. Motion by Orttel, Seconded by Jacobson, to approve the conditional use permit subject to the conditions of the attached resolution as amended. 0 Councilmember Trude stated she wants to make sure the trees will be as shown on the drawing, the north and west sides and the last part of her resolution amendment is for the south and east sides. Mr. Winslow Holasek stated Councilmember Jacobson brought up an interesting point regarding the parking lot. For clarifIcation, there are three gas lines shown and all are existing. He does not 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 5 believe the new line is shown. There is a twenty-inch line now that goes at an angle to the railroad tracks, there are a sixteen and an eight that go towards Elk River. The new twenty-inch line, according to his understanding, was they were not going to follow the easement they have for the other twenty inch; they were going to go straight down 148th so he did not know which side they will go. He thought they would go along the south side. It looks like under the parking lot there will be criss-crossed pipe lines under that parking lot. Councilmember Jacobson thought the third one will go in parallel with the existing ones. Motion carried unanimously. (RES. RI62-07) CONSIDER VARIANCE TO FRONT YARD SETBACKSIWOODLAND ESTATES 3RD ADDITION City Planner Bednarz stated Woodland Development has requested a variance to front yard setback requirements in the new Woodland Estates 3rd Addition, as discussed at the October 23rd Work Session. 0 Councilmember Trude stated when she looks at the conditions for a variance she thinks the topography of the land is a frequent item used to explain a hardship and why they would vary from their code. She did not think there was a problem with finding the condition to meet a variance because of the topography and she wondered if the developer could comment on if they could change the topography of the land and create a retaining wall ten to fifteen back which would be on the exact property line with the existing homeowners. What kind of an issue would that present with that neighborhood. She thought that was the dilemma the Planning Commission and Council are facing because they currently have residents and homes that are occupied by people who have asked not to have the support cut off for their land and to give them a retaining wall on their property line and to put it in someone else's yard and that was done and the result was they have a kind of view that extends now way beyond their property line with a lot of trees and then the drop off is part of the backyard of the new homes and now the consequence to the new homes is the retaining wall and a backyard without a lot oflight and view. She wondered if they needed a variance because the land could have been platted a little differently. What kind of reaction would they expect if the variance was not granted and the retaining wall was placed on the property line. Councilmember Knight thought they ought to have at least one stairway break on each lot. Councilmember Trude stated they are on the lot lines. Councilmember Orttel stated in reading the staff summary, it talks about the plat and he thought they were talking only about the lots that had the retaining wall. Councilmember Trude stated there is a 0 retaining wall on both sides. Mr. Joe Hauglie, Woodland Development, stated there are retaining walls on both sides. He showed a drawing of the development and reviewed where the retaining wall will be located. He stated they have between lots two and three a stairway, which is substantial in width. 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 6 Councilmember Orttel noted they are not reducing the lot size at all. Mr. Hauglie stated that is correct and reviewed the lot sizes with the Council. Councilmember Jacobson stated in the October 4th letter to the City, item three explains the reason some of the lot reservations fell through and he wondered ifthis is an economic consideration in that if they put slightly smaller houses or different model houses on there that they might sell then or what is the problem. Mr. Hauglie stated those were issues they encountered but he thought the actual hardship is the topography and the tree saves. There are some possibilities there for smaller houses, which they will encourage their builders to look at. They do not want to substantially change the neighborhood by having considerably different types of houses in this particular addition than the rest of Woodland Estates. Councilmember Jacobson stated because they put up the walls, would Mr. Hauglie consider that something that was created by the landowner made the problem. Mr. Hauglie thought the walls were required in order to get the house pads in there because of the topography. 0 Councilmember Trude stated one solution would have been to excavate the land and place the wall at the property line. Councilmember Orttel indicated he did not have a problem with this and thought the topography was the hardship that could not be overcome. Motion by Knight, Seconded by Orttel, to approve the variance request. Motion carried unanimously. (RES. RI63-07) CONSIDER CLOSING CITY HALL CHRISTMAS EVE City Management is proposing that City Hall be closed Christmas Eve, Monday, December 24, 2007. Councilmember Jacobson suggested they change the wording to "Reduce City Hall staffing but not actually close City Hall". Mr. Dickinson stated he did not know all of staff's intentions at this point in time. Councilmember Trude did not think they should begrudge staff the day off. Councilmember Orttel stated he would like to see someone at the front desk to answer questions. CounciImember Jacobson indicated this is not an official holiday and if staff wants to take time off they can but if some do not want to take a vacation day they can stay and work. He did not have a problem with those that want to take a day off. He did not want to armounce they are not 0 closing. Mr. Dickinson stated they would look for each individual to use either compensatory time or vacation. Councilmember Trude thought if they were to force it to stay open they would be forcing staffmg at a certain level. Mr. Dickinson stated in any emergency situation, the positions 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 7 will be filled to do the job. Motion by Trude, Seconded by Gamache, to approve closing City Hall on Christmas Eve. Mayor Gamache asked if City Hall includes Public W@rks. Mr. Dickinson stated they would close the City but in an emergency situation the pagers will kick in and those people will show up. Councilmember Orttel wondered about the union people that are forced to take off. Mr. Dickinson stated they will be allowing people to still work and they have to coordinate that with their supervisor. Mr. Berkowitz stated they have done this in the past and the people who wanted to continue to work did. Mayor Gamache asked how this affects the Community Center. Mr. Dickinson stated that would remaIn open. 0 Motion carried 4 ayes, I nay (Jacobson). APPROVE LAND PURCHASE - PIN 22-32-24-42-0005 Pursuant to Council Direction from the November 6th Executive Session, City Administration has negotiated a purchase agreement for the purchase of PIN 22-32-24-43-0005 (14905 Crosstown Blvd NW). Councilmember Jacobson stated on the budget impact it says "Initial funding by the City Building Fund, future repayment .,yill eOlRe from proceeds ofilie utility easement aeras!> City park land". He suggested they scratch that sentence and indicate".. . future repayment will be decided at a later date", because he thought there may be some things in the parks that they can use that money for better than just repaying this fund. Motion by Trude, Seconded by Orttel, to approve the attached purchase agreement. Councilmember Trude wondered if they are looking at the relocation of the building. Mr. Dickinson stated they have approached some organizations to move it and will likely put it out for bid. 0 Councilmember Trude wondered if the out buildings will be moved. Mr. Dickinson stated he did not know if they would be moveable or not and would be decided later. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 8 APPROVE AMENDMENT TO CITY CODE TITLE 3, CHAPTER 3-3-1, LICENSES The City Council is requested to update City Code Title 3, Chapter 3- 3-1, Licenses. Staff would like to update the City Code to be more consistent with current industry terminology and current practice. Councilmember Jacobson stated in the Ordinance, items ten and eleven, it looks as though they are not requiring licenses for people who are installing septic tanks and who pump cesspools and people who put in private roads, alleys and blacktop. They are not requiring licenses for those because it is stricken out and he questioned why they would do that. Mr. Dickinson stated that is because they are licensed with the State and not locally. Motion by Trude, Seconded by Orttel, to approve Amendment to City Code Title 3, Chapter 3-3-1, Licenses. Motion carried unanimously. (ORD. 359) SCHEDULE EDA MEETING 0 Motion by Jacobson, Seconded by Knight, schedule an EDA meeting on December 4, 2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, and miscellaneous projects in the City. City Engineer Berkowitz updated the Council on road improvements projects in the City. City Planner Bednarz updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Administrative Update Question) - Councilmember Trude stated she has noticed in the Administrative Update that there has been a regular comment under the patrol section that there is supposed to be strict enforcement of parking at Prairie Knoll Park and she wondered what that meant and why are they doing that. She stated they decided people can park on the public streets except 0 where there are signs indicating no parking and then she thought they should have certain tolerances for people parking outside the edges of the dirt parking lot. She did not know if they were going around that area looking for reasons to give people tickets and she did not think that was very fair. Councilmember Orttel thought Mr. Dickinson should talk to the Sheriff's Department regarding what the Council discussed and decided regarding this. 0 Regular Andover City Council Meeting Minutes - November 20, 2007 Page 9 (Progress Update of Rai road Tracks at Bunker Lake Boulevard) - Councilmember Trude stated she was frustrated on Bunker at the railroad tracks because nothing has been done with the sensors and is causing a back up hazard. She wondered if there was a way to submit a letter to update the sensor so they have a safer intersection. Mr. Berkowitz updated the Council on the progress of Burlington Northern. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 8:32 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0