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HomeMy WebLinkAboutCC November 6, 2007 ~1I~ ~ \.Q"U<ttc-n i ~ -L..{-OL C 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 6, 2007 Call to Order - 8:01 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/16/07 Regular Meeting; 10/16/07 Closed Meeting; 10/23/07 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Quit Claim Deeds/06-14/White Pine Wilderness - Engineering 4. Approve Amendment to Development Contract/06-14/White Pine Wilderness - Engineering 5. Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-14/Lt. 6, Blk. 3/White Pine Wilderness - Engineering 6. Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-14/Lt. 7, Blk. 3/White Pine Wilderness - Engineering 7. Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-38/Lt. 1, Blk. 3/Hickory Meadows - Engineering 8. Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-38/Lt. 6, Blk. 3/Hickory 0 Meadows - Engineering 9. Approve Hold Harmless Agreement & Easement Encroachment Agreement/Block 3 Common Area/05- 32/W oodland Crossings - Engineering 10. Receive Assessment Rol1/Waive Public Hearing/Adopt Assessment RolV07-25 (2756 - 134th Lane NW) & 07-26 (2766 _134th Lane NW)/SS & WM -Engineering 11. Approve Compensating Change Order #1/07-2/2007 Overlays - Engineering 12. Approve City Code Amendment/Section 11-3-6 E Subdivision Code/Three Lots Per Cul-De-Sac - Planning 13. Approve Conditional Use Pennit/Drive Through Business/2121 Station Parkway NW - Planning 14. Approve City Code Amendment/Prevailing Wage - Administration 15. Approve Residential Kennel License/1750 _177th Avenue NW - Clerk 16. Approve Premises Pennit/ Andover Lanes/Andover Lions Club - Clerk Discussion Items 17. Hold Public HearinglDelinquent Utilities & False Alann Fines - Administration/Finance 18. Hold Public Hearing/Adopt Assessment RolV07-2/2007 Overlays - Engineering 19. Hold Public Hearing/Adopt Assessment Ro11l05-11/Tulip Street NW - Engineering 20. Hold Public Hearing/Adopt Assessment RolV06-20AlMeadow Creek Christian School Turn Lane Improvements - Engineering Staff Items 21. Administrator's Report - Administration Mayor/Council Input Closed Session: e a. Property Purchase Negotiations Update/PIN 22-32-24-43-0005 b Negotiations - Andover Right-of-Way Plat No.3 Adjournment 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 6, 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 Quit Claim Deed/06-14/White Pine Wilderness................................................... 2 Approve Amendment to Development Contract/06-14/White Pine Wilderness.... . . . . . . . . ...2 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-14/Lt. 6, Blk. 3/White Pine Wilderness..........................................................................................2 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-14/Lt. 7, Blk. 3/White Pine Wilderness.......................................................................................... 2 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-38/Lt. 1, Blk 3/Hickory Meadows ..................................................................................................2 0 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-38/Lt. 6, Blk. 3/Hickory Meadows ................................................................................................. 2 Approve Hold Harmless Agreement & Easement Encroachment Agreement/Block 3 Common Areal05-32/W oodland Crossings .....................................................................2 Resolution R151-07 & R152-07 receiving Assessment Roll/Waive Public Hearing/Adopt 2 Assessment Roll/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/ SS & WM ........................................................................................................................ 2 Resolution R153-07 approving Compensating Change Order #1/07-2/2007 Overlays........ 2 Approve City Code Amendment/Section 11-3-6 E Subdivision Code/Three Lots Per Cul-De-Sac (Ord. 358) ..................................................................................................... 2 Resolution R154-07 approving Conditional Use PermitJDrive Through Business/2121 Station Parkway NW ....................................................................................................... 2 Approve City Code AmendmentJPrevailing Wage............................................................... 2 Resolution R155-07 approving Residential Kennel License/1750 -177th Avenue NW .....2 Resolution R156-07 approving Premises Permit/Andover Lanes/Andover Lions Club ...... 2 HOLD PUBLIC HEARING/DELINQUENT UTILITIES & FALSE ALARM FINES Motion to open public hearing .............................................................................................. 3 Motion to close public hearing ............................................................................................. 3 Motion to approve (Res. RI57-07) ....................................................................................... 3 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/07-2/2007 OVERLAYS Motion to open public hearing.............................................................................................. 3 Motion to close public hearing ............................................................................................. 3 0 Motion to approve (Res. RI58-07) ....................................................................................... 4 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/05-1l/TULIP STREET NW Motion to open public hearing ..............................................................................................4 Motion to close public hearing ............................................................................................. 5 Motion to approve (Res. RI59-07) ....................................................................................... 5 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 11 Regular Andover City Council Meeting Minutes - November 6, 2007 Table of Contents Page ii HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/06-20AlMEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS. Motion to open public hearing.........................................................................6 Motion to close public hearing.........................................................................6 Motion to Approve (Res. RI60-07)...................................................................6 PREVAILING WAGE DISCUSSION WITH AN ANDOVER RESIDENT............................ 6 ADMINISTRATOR REPORT .................................................................................................. 8 MAYOR/COUNCIL INPUT Andover Post Office Update ................................................................................................. 8 Champlin Ordinance Regarding Attacking Dogs ................................................................. 8 Congratulations to Andover High School Sports Teams.............................................,........ 8 ADJOURNMENT...................................................................................................................... 8 0 0 0 REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 6, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 6, 2007, 8:01 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 Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES October 16, 2007, Regular Meeting: Correct as written. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. 0 October 16, 2007, Closed, Meeting: Correct as written. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 2 October 23, 2007, Workshop Meeting: Correct as amended. Councilmember Jacobson indicated on page four, line 19, the sentence should read "The City Council discussed gravel versus paved ~ parking lots." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Quit Claim Deeds/06-14/White Pine Wilderness Item 4 Approve Amendment to Development Contract/06-14/White Pine Wilderness Item 5 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-14/Lt. 6, Blk. 3/White Pine Wilderness 0 Item 6 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-14/Lt. 7, Blk. 3/White Pine Wilderness Item 7 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-38/Lt. 1, Blk 3/Hickory Meadows Item 8 Approve Hold Harmless Agreement & Easement Encroachment Agreement/06-38/Lt. 6, Blk. 3/Hickory Meadows Item 9 Approve Hold Harmless Agreement & Easement Encroachment Agreement/Block 3 Common Area/05-32/Woodland Crossings Item 10 Receive Assessment Roll/W aive Public Hearing/Adopt Assessment Roll!07 -25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM (See Resolution R151-07 & RI52-07) Item 11 Approve Compensating Change Order #1/07-2/2007 Overlays (See Resolution R153- 07) Item 12 Approve City Code Amendment/Section 11-3-6 E Subdivision Code/Three Lots Per Cul-De-Sac (Ord. 358) Item 13 Approve Conditional Use PermitlDrive Through Business/2121 Station Parkway NW (See Resolution RI54-07) Item 14 Approve City Code AmendmentJPrevailing Wage (Ord. 357) Item 15 Approve Residential Kennel License/1750 - 177th Avenue NW (See Resolution RI55-07) Item 16 Approve Premises Permit/Andover Lanes/Andover Lions Club (See Resolution RI56-07) 0 Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 3 HOLD PUBLIC HEARING/DELINQUENT UTILITIES & FALSE ALARM FINES City Administrator Dickinson stated City Code Title 10, Chapter 3, 1O-3-3E; City Code Title 10, Chapter 1, 1O-1-9F; and City Code Title 8, Chapter 5, 8-5-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines and mowing fees. The assessment procedures directed by state statute 429 is being followed by holding a public hearing to act upon the proposed assessment. Councilrnember Orttel asked if these are assessed and held against the properties. Mr. Dickinson indicated they are. Councilrnember Jacobson asked in the Resolution, third paragraph it indicates they can pay with no interest assessed thirty days from adoption, which would be rougWy December 6, 2007, but Mr. Dickinson indicated these would be certified at the end of November. He wondered if there should be a change in the Resolution or should it remain as is. Mr. Dickinson stated they can still challenge it up until that point. He thought they should change the date to November 30, 2007 in the Resolution. 0 Motion by Jacobson, Seconded by Knight to open the public hearing at 8:09 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Jacobson, to close the public hearing at 8:10 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the assessment roll changing item three date to November 30, 2007. Motion carried unanimously. (Res. RI57-07) HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV07-2/2007 OVERLAYS Director of Public Works/City Engineer Berkowitz stated the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 07-2, 2007 Overlays in the area of Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates. Motion by Knight, Seconded by Jacobson, to open the public hearing at 8:13 p.m. Motion carried unanimously. 0 No one wished to address the City Council. Motion by Knight, Seconded by Trude, to close the public hearing at 8:13 p.m. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 4 Councilmember Orttel wondered because these are all 2.5-acre lots why would the estimate on the properties be different prices. Mr. Berkowitz stated they had anticipated through the feasibility report that they would have some sub-grade correction, which they did, which incurred more costs. Councilmember Trude complimented staff on working with the residents on issues that came up during the project. Motion by Jacobson, Seconded by Knight, to approve the Resolution adopting assessment roll for Project 07-2, 2007 Overlays in the area of Woodland Ridge, Indian Meadows 3rd Addition and Kelsey Estates. Motion carried unanimously. (Res. RI58-07) HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV05-11/TULIP STREET NW Director of Public Works/City Engineer Berkowitz stated the City Council is requested to hold a public hearing and approve the resolutions adopting the assessment roll for Project 05-11, Tulip 0 Street NW between 161 st Avenue NW and Valley Drive NW. Mr. Berkowitz discussed the staff report with the Council. Councilmember Orttel stated he did not see a comparison between the potential assessed amount and the estimate amount. Mr. Berkowitz stated this was basically set early on as a lump sum amount and they assessed that on the lump sum amount. Motion by Knight, Seconded by Jacobson, to open the public hearing at 8:19 p.m. Motion carried unanimously. Mrs. Bonnie Dehn, 16485 Tulip Street NW, stated Tulip Street is wonderful and they have had only one accident there since the improvements. On the NW corner of their property there was to be a sedimentation pond and there was to be no water in it. There has been three feet of standing water in it all summer and now there is close to the full point. She stated they had a verbal agreement in the beginning but no contact with the City in regard to maintenance of the drainage ditch, that will be necessary now since there is that much water in the pond continuously. Mrs. Dehn stated it was suggested they can farm up to the pond and now they cannot. She noted the corner of their property is wasted. They have taken valuable sand from the pond area and placed it in the roadway, which in turn has caused the surrounding land to become unstable for farming. 0 Mrs. Dehn stated they need to talk to Mr. Dickinson about a previous ordinance. Councilmember Orttel wondered if cleaning the ditch would drain the three feet out of the pond. Mrs. Dehn indicated she was not sure because it is to the peak and there is no fencing around it, which is a safety concern for them. 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 5 Councilmember Knight wondered how much land they lost. Mrs. Dehn stated they have lost two acres, which they previously farmed. Councilmember Jacobson wondered if Mr. Berkowitz could go out and look at this and report back at the next meeting. Mrs. Dehn indicated they were not compensated in any manner for the soil. Mr. Berkowitz stated they did discuss this and they do have an easement over that location for the storm water pond, which was agreed upon. He stated they can look at this and see what can be done to drain the water faster. Ms. Mary Jo Davich, 2780 South Coon Creek Drive came before the Council and stated she was at the meeting to discuss Consent Agenda Item 14, Approve City Code Amendment/Prevailing Wage. She wondered if this item was approved. The Council indicated it was. Ms. Davich stated she read in the Minneapolis paper about this item. She thought the Council made a mistake by approving this. This is the Davis Bacon Act that was approved and she wanted to know who was going to manage and monitor this. She stated what the Council is saying is that any project 0 in the City that is over $150,000 will have to use prevailing wage. She read in the Minneapolis paper that Mayor Gamache endorsed this. Mayor Gamache stated that is correct. Ms. Davich stated the Mayor is here to represent the people of Andover, not to lobby for the union carpenter, union employee. His job is to represent the community and she took issue with a Mayor that would endorse any union project and she grew up in a union family. Her issue is that it is a conflict of interest as far as she is concerned. Mayor Gamache wondered how it is a conflict of interest. Ms. Davich stated it is a conflict of interest because it is his job to represent the community and not to represent the union. She stated this will have a direct impact on growth in the City of Andover. Councilmember Jacobson asked for a point of order. Councilmember Orttel stated this is only for public jobs, not private. Ms. Davich stated it did not matter. The whole issue is they have a Mayor that is endorsing a union. Mayor Gamache stated they are in a public hearing for an assessment, not a public forum and if Ms. Davich would like to discuss this further they can but he would like to get through the items they need to before any further discussion takes place. Ms. Davich stated she would like to discuss this further. Motion by Knight, Seconded by Jacobson, to close the public hearing at 8:32 p.m. Motion carried 0 unanimously. Motion by Jacobson, Seconded by Knight, to approve the Resolution adopting the assessment roll for Project 05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW. Motion carried unanimously. (Res. RI59-07) 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 6 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV06-20A/MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS Director of Public Works/City Engineer Berkowitz stated the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. Motion by Jacobson, Seconded by Trude, to open the public hearing at 8:34 p.m. Motion carried unanimously. No one wished to address the City Council. Motion by Jacobson, Seconded by Orttel, to close the public hearing at 8:34 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for 0 Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. Motion carried unanimously. (Res. RI60-07) PREVAILING WAGE DISCUSSION WITH AN ANDOVER RESIDENT This item is continued from the public hearing in Item 19. Mayor Gamache stated he is not a member of a union and has never been one so he did not see a conflict of interest. Ms. Davich stated that did not matter because he was appointed to represent the residents. She stated the way she read the article in the Star Tribune there was a union person who came to the Mayor to endorse this prevailing wage amendment that was approved. She stated very few cities have approved this and she wanted to know why Andover took the liberty to approve it. Mayor Gamache noted that the state has this law, Anoka County has this law and a number of cities have the same prevailing wage law. Ms. Davich stated there are not many. Councilmember Ortiel noted there are 32 cities that have this law. Mayor Gamache reviewed the law along with the history of it for the residents. He stated there were many discussions regarding prevailing wage and he noted he was not approached personally by anyone; staff was approached at the City to discuss this and asked if it could be brought up and reviewed which is common practice in order for it to go to the City Council. 0 Ms. Davich wondered what made them decide that this would be good for the City of Andover. Mayor Gamache stated they had three different workshop meetings where they had discussion and they all asked for more information regarding what it was and they asked for information from the Legislative Auditor where they received information along with other places. 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 7 Ms. Davich indicated unions are losing membership and that is why they are approaching cities. She stated her issue is that they are endorsing unions and she thought it was inappropriate. She thought is left out people who may do a better job at a lower price and as far as she could see they are endorsing unions and that is not their job as politicians. Councilrnember Jacobson stated at the workshops all five of the Councilrnembers were there and they all discussed it and looked at the information and when they decided to put it on the agenda, they had a unanimous vote and no one objected. Mayor Gamache stated Ms. Davich may have a disagreement with the Council on the prevailing wage act but it does not mean they have to hire unions for every job that comes into the City. Ms. Davich indicated her perception according to the newspaper article was that the Mayor of Andover was endorsing this. Mayor Gamache stated he did vote for it. Councilmember Orttel noted this does not apply to any Federal or State funded projects or any private projects having to do with development. Councilrnember Trude stated it is only projects that the City has to put out to bid. Councilmember Orttel stated they have already done that with the 0 Community Center and they have to use that for State and Federal funding in the City. It's not union wages; it's prevailing wage and in some cases that could be higher than union wage. Mr. Dickinson stated there will not be any additional staff hired to administer this. Councilrnember Orttel noted that he wasn't at the workshop where this was approved but he contacted Mr. Dickinson because he was concerned with the amount that triggers the projects. He did raise a concern that had to do with the escalator clause so we don't use this for putting in stop signs and Mr. Dickinson agreed that could be done. Mr. Dickinson having an escalator clause is something we certainly could do. It can be placed in our fee ordinance. Councilrnember Trude explained that her concern is that it doesn't cover any maintenance projects and it doesn't cover staffprojects. We're looking at constructing public buildings. Councilrnember Trude stated it was her understanding that prevailing wage is not a union wage; it is the average wages in the community. She stated they wanted to make sure they continue to provide opportunities for the self-employed businesses in the City. Mr. Dickinson indicated that is correct. Mr. Dickinson stated there were a significant amount of projects that were excluded such as redevelopment projects via the ordinance because of the complexity of being able to enforce that in those areas. 0 Councilrnember Trude explained that when they looked at the budget for next year they really thought it would only apply to a couple of proj ects because capital proj ects are done inhouse by our staff. At this point they don't foresee any particular projects. Councilmember Knight asked Mr. Dickinson to explain how prevailing wage is determined. 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 8 Mr. Dickinson reviewed the process. Luke Davich came forward and stated he saw a bunch of union representatives leave City Hall after this was approved so he knew where this was all going. He stated he has lived in Andover for thirty years. There is a lot of junk in the ordinances and he thought the Council should be ashamed. He thought there was a lack of foresight and he thought the Council got themselves into a jam with this and let the union people muscle them into it. He thought the Council got conned by a bunch of union thugs and he felt sorry for them and were beyond help. Mayor Gamache thought when they talk about good men and women that work for the union and call them thugs, they are basically people providing information and if they want to denigrate someone after they left that is up to the individual but the information that was provided to them was good. Mayor Gamache called the meeting to order after boisterous discussion by Ms. Davich and another resident in the audience. ADMINISTRATOR REPORT 0 City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Motion by Councilmember Trude, Seconded by Mayor Gamache, on concurrence in support of the safe grant application to construct a trail on the east side of Hanson in the general vicinity of Oak Bluff neighborhood connecting north to the trail that exists already in an area to the north of Winslow Hills, 148th Lane to IS0th. Motion carried unanimously. .MAYOR/COUNCIL INPUT (Andover Post Office Update) - Councilmember Knight wondered where they are at regarding a post office in Andover. Mr. Dickinson did not think they would get one because the post office has indicated the funds have gone to the southern states due to the hurricanes and they have not recovered from that yet. (Champlin Ordinance Regarding Attacking Dogs) - Councilmember Orttel stated regarding attacking dogs, Champlin has an ordinance that is very strict which states "The dog is held in a shelter for ten 0 days while it is determined whether they are dangerous. Iflabeled dangerous, each dog would have to be registered and embedded with an identifying microchip, assessed a licensing fee of$SOO and in addition the owner would have to post a warning sign on his property along with a $SO,OOO bond per animal." He thought that was pretty severe but that was after a dog attacked someone. He thought the intent was to get the dog out of the City. He wondered if the Planning Commission should look 0 Regular Andover City Council Meeting Minutes - November 6, 2007 Page 9 at this and see if they should toughen theirs up a bit. Mayor Gamache thought that may be a good idea. (Congratulations to Andover High School Football and Volleyball Teams) - Councilmember Knight congratulated the Andover High School for making the State Football Tournament along with the Girls Volleyball Team making the State Tournament. The Council recessed to go into the Closed Session meeting at 9:0S p.m. Motion by Orttel, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 10:05 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0