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HomeMy WebLinkAboutCC August 8, 2007 (~~ . /hLltfc.r1 3 ~J--I-Cl7 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 - Wednesday, August 8, 2007 Call to Order-7:00 p.m, Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/17/07 Regular Meeting; 6/26/07 Workshop; 7/24/07 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Hold Harmless & Easement Encroachment Agreementl2579 - 1 54th Avenue NW - Engineering 4. Accept DNR MNReLeaf Grantl06-43/0ak Wilt Suppression Program - Engineering 5. Accept Resignation/Park & Recreation Commission Member - Engineering 6. Appoint Park & Recreation Commission Member - Engineering 7. Waive Public Hearing/Adopt Assessment Rolll05-l5/Andover Station North Ball Field Improvements- Engineering 8, Approve Plans & Specs/Order Quotes/Award Quote/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM - Engineering 9. Award Quote/07 -7 /2007 Trail Maintenance - Engineering 10, Update Use of Utility Easement for Timber Trails 2nd Addition - Engineering 11. Approve Kennel License Renewal/Dover Kennel - Clerk 12, Approve Tobacco License/Andover Mobil- Clerk 0 13. Approve Renewal/Premises Pennit/ Andover Lions Gambling - Clerk 14. Approve Amendment to City Code 9-l/Adopting Newest Edition of Minnesota State Building Code/ Chapter 1306 - Building 15. Repeal of Ordinance 277, Minnesota State Fire Code & Approve Ordinance to Adopt New 2007 Minnesota State Fire Code/Chapter 7511 - Fire 16. Approve Amendment to City Code 9-1-6B.2./Installation of Explosive Gas Monitors - Planning 17. Approve Auditing Services Contract/HLB Tautges Redpath - Finance 18. Approve Market Rate and Reorganization Adjustments - Administration 19. Approve Dental Renewal and Employer Contribution - Administration 20. Approve Final PlatIW oodland Estates Third Addition - Planning 21. Approve Amendment to City Code 3-5-4-A-7, 3-5-11-B and 1-7-2-C/Solicitors and Canvassers - Clerk 22. Approve Acquisition of Tax Forfeit LandILot 3, Block 1, Hamilton Square - Clerk 23, Approve Raffle PennitIDucks Unlimited - Clerk Discussion Items 24, Hold Public Hearing/Adopt Assessment RolllWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels - Engineering 25, Hold Public Hearing/Consider Vacation of Easementll25 1 - 138th Lane NW - Planning 26, Award Bid/06-l O/Railroad Quiet Zones - Engineering 27. Consider Conditional Use Pennit Amendment and Time Extension for Mining Pennitl16689 Hanson Blvd. NW - Planning 28. Discuss Animal Control Code - Planning 29. Consider Participating in Anoka County Housing & Redevelopment Authority Economic Development Activities - Administration 0 Staff Items 30. Discuss Schedule for Comprehensive Plan Update - Planning 31. Schedule EDA Meeting - Administration 32. Schedule September Workshop - Administration 33. Administrator's Report - Administration Mayor/Council Input Adjournment 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 13 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 8,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIEN CE.. .......... ............................ ................. ............. ........... .................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MIN'UTES ...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Approve Hold Harmless & Easement Encroachment Agreement/2579 - 1 54th Ave NW... 2 Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program.............................. 2 Accept ResignationlPark & Recreation Commission Member............................................ 2 Appoint Park & Recreation Commission Member .............................................................. 2 Resolution RI06-07 waiving Public Hearing! Adopt Assessment Roll/05-I5/ Andover Station North Ball Field Improvements .......................................................................... 2 Resolution R107-07 approving Plans & Specs/Order Quotes/Award Quote/7-25 th . th (2756 - 134 Lane NW) & 07-26 (2766 - 134 Lane NW)/SS & WM ........................ 3 0 Award Quote/07-7/2007 Trail Maintenance ........................................................................ 3 Update Use of Utility Easement for Timber Trails 2nd Addition......................................... 3 Approve Kennel License Renewal/Dover Kennel............................................................... 3 Approve Tobacco License/ Andover Mobil.......................................................................... 3 Approve RenewaI/Premises Permit/Andover Lions Gambling (RES. RI08-07) ................ 3 Approve Amendment to City Code 9-1/ Adopting Newest Addition of Minnesota State Building Code/Chapter 1306 (ORD. 349) ............................................................. 3 Repeal of Ordinance 277, Minnesota State Fire Code & Approve Ordinance to Adopt New 2007 Minnesota State Fire Code/Chapter 7511 (ORD. 350) .................................. 3 Approve Amendment to City Code 9-I-6B.2./Installation of Explosive Gas Monitors (0 RD. 351)..... ..................... ........ ..... ................. ............................... .......... ........... .......... 3 Approve Auditing Services Contract/HLB Tautges Redpath .............................................. 3 Approve Market Rate and Reorgani7ation Adjustments ..................................................... 3 Approve Dental Renewal and Employer Contribution ........................................................ 3 Resolution RI09-07 approving Final PlatIWoodland Estates Third Addition .................... 3 Approve Amendment to City Code 3-5-A-7, 3-5-1I-B and I-7-2-C/Solicitors and Canvassers (0 RD. 352) ... .......... ............ ......... .......................................... ............ .......... 3 Approve Acquisition of Tax Forfeit Land/Lot 3, Block 1, Hamilton Square ...................... 3 Approve Rafile PermitlDucks Unlimited ............................................................................ 3 HOLD PUBLIC HEARlNG/ADOPT ASSESSMENT ROLL/WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PARCELS 0 Motion to open public hearing..............................................................................................3 Motion to close public hearing ............................................................................................. 6 Motion to approve (RES. RII 0-07) ...................................................................................... 6 Motion to table ........... ............ ...... .................. ......... ......... ............................... ............ .......... 6 HOLD PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/I25I-1381H LANE NW 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 14 Regular Andover City Council Meeting Minutes - August 8, 2007 Table of Contents Page ii Motion to open public hearing .............................................................................................. 7 Motion to close public hearing ............................................................................................. 7 Motion to approve (RES. 111-07) ........................................................................................ 7 AWARD BID/06-10/RAILROAD QUIET ZONES Motion to accept (RES. 112-07) ...........................................................................................7 CONSIDER CONDmONAL USE PERMIT AMENDMENT AND TIME EXTENSION FOR MINING PERMITI16689 HANSON BOULEVARD Motion to approve (RES. 113-07) ........................................................................................ 7 DISCUSS ANIMAL CONTROL CODE................................................................................... 9 CONSIDER P ARTICIP ATING IN ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES .....~...................................... 10 DISCUSS SCHEDULE FOR COMPREHENSNE PLAN UPDA lE ...........,.......................... 10 0 SCHEDULE EDA MEETING ................................................................................................... 11 SCHEDULE SEPlEMBER WORKSHOP ............................................................................... 11 ADMINISlRA TOR REPOR T .................................................................................................. 11 MAYOR/COUNCIL INPUT National Night Out.. ............... ...................... .................... ..... ....... ......................................... 11 Hanson Boulevard Detour................................... ................. .......... .... ................................... 12 Road Improvements by Andover High School..................................................................... 12 Anoka County Sheriff's Department Thanks........................................................................ 12 ADJOURNMENT... ....... ...... .................... ...... .................................... .......... .............................. 12 0 0 REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 8,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 8, 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 City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE 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 above. Motion carried nmmimously. APPROVAL OF MINUTES July 17, 2007, Regular Meeting: Correct as written. 0 Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried nnllnimously. June 26, 2007, Workshop Meeting: Correct as amended. Councilmember Trude stated she has several changes to the minutes. Page 1, line 41 indicated she 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 2 wants to change the sentence so it is reflected accurately. "The School District statistics show Crooked Lake Elementary, Andover Elementary and Oakview Middle Schools have identified a:BEl involves 48 students and 15 preschoolers in these areas their attendance areas with autism." Councilmember Trude stated on page 3, she thought it was actually Councilmember Knight that made the suggestion that they have ten to twelve signs provided on a temporary basis. Mr. Dickinson thought it would have been either Mr. Berkowitz or Councilmember Jacobson. Councilmember Jacobson indicated he made the suggestion. She noted there is also a name that needs to be corrected starting on line 25. The name should be "Sluiss" and should be corrected throughout. ' Councilmember Trude stated on page 5, line 14, the sentence should read "Councilmember Trude requested that zoning include screening from neighboring retail businesses and homes." She also noted the last sentence in that paragraph should read "She SHPflOrts is concerned about protecting the environment and safetv." Councilmember Trude stated on page 6, line 6, the sentence should read "The businesses are 0 BOB6ElmpliaRt nonconforming and if even glass..." She also asked for staff to provide the correct name for the one on line 9. She stated on page 7, line 20 her name is spelled incorrectly. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unllnimously. July 24, 2007, Workshop Meeting: Correct as amended. Councilmember Trude questioned a sentence on page 2, line 43 to see if it is accurate. Mr. Dickinson indicated it is. Councilmember Trude stated on page 4, line 19 the word eeme should be some. Motion by Trude, Seconded by Ortte1, approval of Minutes as indicated above. Motion carried nnllnimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Hold Harmless & Easement Encroachment Agreement/2579 -1541h Avenue 0 NW Item 4 Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program Item 5 Accept ResignationlPark & Recreation Commission Member Item 6 Appoint Park & Recreation Commission Member Item 7 Waive Public Hearing/Adopt Assessment Roll/05-15/Andover Station North Ball Field Improvements (See Resolution RI06-07) 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 3 Item 8 Approve Plans & Specs/Order Quotes/Award Quote/07-25 (2756 _134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM (See Resolution R107-07) Item 9 Award Quote/07-7/2007 Trail Maintenance Item 10 Update Use of Utility Easement for Timber Trails 2nd Addition Item 11 Approve Kennel License Renewal/Dover Kennel Item 12 Approve Tobacco License/Andover Mobil Item 13 Approve Renewal/Premises Permit! Andover Lions Gambling (RES. R108-07) Item 14 Approve Amendment to City Code 9-1/ Adopting Newest Addition of Minnesota State Building Code/Chapter 1306 (ORD. 349) Item 15 Approve Ordinance to Adopt New 2007 Minnesota State Fire Code/Chapter 7511 (ORD. 350) Item 16 Approve Amendment to City Code 9-1-6B.2./Installation of Explosive Gas Monitors (ORD.351) Item 17 Approve Auditing Services Contract!HLB Tautges Redpath Item 18 Approve Market Rate and Reorgllni7.lltion Adjustments Item 19 Approve Dental Renewal and Employer Contribution Item 20 Approve Final Plat/W oodland Estates Third Edition (See Resolution R1 09-07) 0 Item 21 Approve Amendmentto City Code 3-5-4-A-7, 3-5-11-B and 1-7-2-C/Solicitors and Canvassers (ORD. 352) Item 22 Approve Acquisition of Tax Forfeit Land/Lot 3, Block 1, Hamilton Square Item 23 Approve Rafile PermitlDucks Unlimited Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. HOLD PUBLICHEAR/NGlADOPT ASSESSMENT ROLLIWOODLAND CROSSINGS (05-32), . SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PARCELS City Engineer Berkowitz explained the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and approve resolution to defer the assessments to the adjacent parcels listed. Councilmember Orttel stated in looking at the deferrals they are looking at around $600,000 and he wondered what fund this will come from. Mr. Dickinson stated they are utilizing cash flow through the permanent improvement revolving fund. Councilmember Orttel stated he is worried about carrying these deferrals because this will bring their overall fund down and he thought they will be 0 carrying this for a long time until these people decide to develop. Motion by Knight, Seconded by Trude, to open the public hearing at 7:20 p.m. Motion carried unanimously. Mr. Scott Allen, 15873 Linnet Street, wondered ifhe will be able to pay his assessments on a per lot 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 4 basis as they are sold or would he have to pay the assessment when one lot is developed. He explained the reasons for wanting to be able to pay on a per lot basis. Mayor Gamache wondered why the lot does not have street access. Mr. Berkowitz indicated the edge of the property is not Mr. Allen's property so he did not have the proper frontage to have street access. Mr. Allen was under the assumption he would be able to squeeze a driveway in there until the Woodland Crossings final plat came through. The comer lot was originally an outlot and he was asked if he wanted to purchase that and at the time he did not want to because he did not want to spend money to purchase it ifhe did not need it and he was told by some of the planning people that he should be able to get a driveway in on part of the southerly part of the lot which turned out he could not Mayor Gamache wondered if Mr. Allen developed the west side as regular city lots and decided the east side would not work out, could he get City sewer and water on one lot Mr. Berkowitz stated he could do that 0 Councilmember Trude wondered if they do a lot by lot assessment, the City could potentially not be able to collect the deferred costs for all the lots. Mr. Berkowitz stated they would still have to pay it based on the assessment value for his entire lot They broke it up per potential lot The Council discussed with staff and Mr. Allen the pros and cons to paying the assessment when the separate lots are sold. Mr. Allen indicated he would like to hook up to City sewer and water at a later date because his home is under three years old and he just recently paid for the well and septic. Councilmember Trude stated they need to look what their City policy is regarding this. Councilmember Knight wondered what the time was that they could carry the assessment. Mr. Dickinson stated part of this is how the resolution is put together because they want to preserve the . ability that they can ultimately collect this vlllue with some value of an index on it. He stated he is not that concerned that they would have a cash flow problem. He stated there is always the risk of not ever getting the assessment paid. Mr. Jerry Putnam, l869157th Lane N.W., w~n~eredhowthecosts are determined because he did not understand why his assessment is the secon4 highest when he has one of the smaller developments. He did not know how it was determined how he has twelve lots with a street running through the middle. 0 Mr. Putnam stated he was never given the; opportunity whether or not to have water and sewer stubbed in. He was just given twelve stubs ghosted wherever the plats are. He stated the ghosted stubs mayor may not work in the future if the land is platted differently. 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 5 Mr. Putnam stated if this is deferred it talks about indexing using the ENR Construction Cost Index from June 2007 until which time the property is actually developed and he thought that was a little nebulous because he did not know what costs in the end he would have to pay, even if deferred. He is concerned what the end costs might be. Mr. Putnam wondered when the project will be done as far as the overall improvements. He stated the disruption along his property line has been ongoing. He reviewed with the Council and staffhow this has affected his property and how it has disrupted his life. Mr. Putnam indicated he did not know anything about the assessment and he did not want sewer and water stubs. Councilmember Jacobson indicated he was surprised that no one talked to him about this. Mr. Putnam indicated he was at every meeting regarding this and indicated that he did not want the stubs and did not agree with the way this was platted. He thought if there was going to be a ghosted road in there he would have put it at the north side of the property to tie the two east/west streets together. Councilmember Jacobson assumed the stubs were based upon the standard city R-4 lot. Mr. 0 Berkowitz indicated that is correct. The Planning Department looked at that early on in the ghost plat to determine if those lot widths would work and that is where the stubs were placed. He noted he met with Mr. Putnam and did not receive any other comments than what he received at that meeting that he did not want to change anything or look at anything different. Mr. Putnam explained there is no need for them to plat it because they are not interested in developing their property, unlike Mr. Allen. Councilmember Orttel wondered why Mr. Putnam's property was assessed the second highest, higher than the others. Mr. Berkowitz stated there are several reasons to it. The best development to compare this to is Cardinal Ridge because it is very similar. Cardinal Ridge has a few more homes so there is economy of scale when dealing with that. They broke this down per lot for the most case; some of the charges were per front foot. The Putnam property has a road on the east side, the west side and it has improvements on the south side, 157111 Lane. This cost is in line with Cardinal Ridge. The difference with Cardinal Ridge is they have more lots to spread the cost over. He felt it was a very fair analysis of the entire area and the way the assessments were broken down. Mr. Putnam stated he was not complaining about the costs but only inquired about why they were different. He thought they would have taken all the lots, totaled them and split them evenly and had everyone pay the same per lot. That would have been fair in his opinion. Councilmember Jacobson indicated if that were the case, the 1.2 million dollars of Woodland Crossing would have really 0 bumped his assessment up. Mayor Gamache stated what concerns him is that Mr. Putnam has made it clear that he does not plan to develop anytime in the near future. He wondered when the City would receive the assessment money back and how do they put that against the property. He wondered if it will be possible where it will be difficult for him to sell in the future because of what the City has placed on him. He 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 6 wondered if they could provide Mr. Putnam with a projection of the costs. Mr. Dickinson indicated they could do this for Mr. Putnam. Mr. Putnam asked that there not be a resolution passed until there can be some identification on that number for the indexing. Councilmember Trude thought that would be a reasonable request. Mr. Dickinson indicated he would be comfortable with this request. Councilmember Jacobson asked regarding Shaw's Glen on lot 1, block 1, when he looked at the drawing showing five separate lots, they are only assessing one lot out of a potential five. He wondered how this worked. Mr. Berkowitz stated that is the Almeida property and was platted with Shaw's Glen and lot 1 was deeded back to the property owner. Under the plat for Shaw's Glen it is only one lot. He does have the potential for five lots and in the meantime he has petitioned the City to hook up his existing home to sewer and water. If the other parcels want to hook up, they will get charged one assessment for that. He noted they are all stubbed. If they decide to subdivide, the remainder of that assessment will need to be paid. Mr. Byron Westlund asked if it is possible to approve the resolution that does not defer the 0 assessments. He stated that part of their concern is they have already prepaid assessments so the City is withholding more money than what the actual assessment is. He stated they worked with staff on the costs and they actually did their own assessment roll based on quantities and the fee schedule, etc. and they were within $3 of one another at the end so he thought staff did an excellent job of preparing this. Mr. Dickinson indicated they did not have a problem with approving the resolutions separately but they should check with the City Attorney if they can do this. Mr. Berkowitz stated if they proceed and leave the public hearing open until the next meeting, did this cause any issues with the resolution since they are both tied to the same resolution. City Attorney Baumgartner stated they could approve the resolution for part of the assessment roll not including the deferred assessment. Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:24 p.m. Motion carried nmmimously. Motion by Knight, Seconded by Jacobson, to approve the resolution adopting the assessment roll for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and to remove the "and adjacent parcels" in the title of the Resolution. Motion carried nnanimously. (RES. RIlO-07) Motion by Jacobson, Seconded by Trude, to table the resolution to defer assessments until the next City Council meeting to have staffresearcb.~so!De of the issues on Lot 1, Block 1 Shaw's Glen, 0 Putnam Property and the Allen Property. Motion carried nnanimously. Mr. Berkowitz stated regarding the Putnam ~perty, salvage top soil waS placed along the boulevard and was seeded. He noted he will meet with Mr. Putnam to walk the site and identify the issues and go from there. They have contacted builders that have been in the area to go over the issues. As far as the septic system, Mr. Putnam did contact him and he went out there and found that the stack does 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 7 exist and is on his private property. He does not know how they will proceed with this but will discuss it with Mr. Putnam. HOLD PUBLICHEARINGICONSIDER VACATIONOF EASEMENTI1251-138TH LANENW 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. Motion by Jacobson, Seconded by Trude, to open the public hearing at 8:29 p.rn. Motion carried lImmimously. No one wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:30 p.m. Motion carried nnanimously. 0 Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of easement. Motion carried nnanimously. (RES. RI I 1-07) Councilmember Jacobson wants to make sure the applicant understands what the fencing requirements are because this property backs up to a park. The applicant indicated he did not plan to install a fence because it is an above ground pool but next year he will be installing a deck with a self closing gate. AWARD BIDI06-10IRAILROAD QUIET ZONES City Engineer Berkowitz presented the bid results to the Council. He stated the low bid was Knife River. The City Attorney noted in the resolution the dollar amount in there was not transferred correctly. The correct amount is $86, 465.00: He explained this is for the Rail Road Quiet Zone at Bunker Lake Boulevard which will entail a ~edian down the middle and curbing on the side. The improvements will be installed starting late August into September but the activation of the Rail Road Quiet Zone will not occur for approxitDately six to twelve months due to the fact that BNSF has to get their interconnect work done which they need to go through design and then construction. . 1_.'. Motion by Trude, Seconded by Orttel, to agcept the low bid from Knife River in the amount of $86,465.00. Motion carried lInanimously. ~S. 112-07) 0 1 j CONSIDER CONDITIONAL USE PERMIT AMENDMENT AND TIME EXTENSION FOR , MINING PERMITI16689 HANSON BLVD. Community Development Director Neumeister explained the applicant is requesting an extension of 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 8 the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. Councilmember Jacobson stated he would like added to the resolution, item 11, stating "A letter of credit or other suitable financial instrument acceptable to the City Attorney shall be received by the City prior to final approval of the Resolution. The financial instrument amount to be determined by the City Engineer to assure funds will be available to reclaim the mining area to the final grading plan when the mining is completed." He stated the reason for that is because there is nothing listed for recourse if it is not reclaimed and there is not any money there to assure that is done. Motion by Jacobson, Seconded by Orttel, to approve the proposed Conditional Use Permit Amendment with the following language addition: 11. "A letter of credit or other suitable financial instrument acceptable to the City Attorney shall be received by the City prior to final approval of the Resolution. The financial instrument amount to be determined by the City Engineer to assure funds will be available to reclaim the mining 0 area to the final grading plan when the mining is completed." Councilmember Knight wondered on provision five, do they want trucking until 8:00 p.m. He thought 6:00 p.m. was the normal time. Mayor Gamache thought this was a more rural area and he did not think it would be an issue. Mr. Jim. Kuiken indicated he is at the meeting to answer questions. Mayor Gamache wondered what the hours of hauling would be. Mr. Kuiken stated they haul either down Hanson Boulevard or Constance Boulevard. They are a small operation and they deliver black dirt to the customers who buy their sod and to their own sod farm and they have one truck that hauls. Councilmember Trude asked when the mining is done, will they be leveling it out so the pond is not so deep and restore the area back to where it was before mining occurred. Mr. Kuiken indicated that is correct. Councilmember Trude asked if Mr. Kuiken understood the terms that were added. Mr. Kuiken stated he would need to know what type of financial obligation they would need or the dollar amount. Mr. Dickinson stated he did not kno~ the dollar amount but generally they would request a letter of credit which has a standard cost at the bank. He stated the dollar amount has yet to be determined through the City Engineer. 0 Councilmember Trude wondered if the Watershed has approved this yet. Mr. Neumeister did not think they had. Mr. Kuiken indicated the applications have been made. Councilmember Trude asked if they are mining now. Mr. Kuiken indicated they are not because they are waiting for approval. 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 9 Councilmember Trude stated what she understood from this process is this permit regulates the time and period but she wondered ifit also included the volume. Mr. Neumeister stated in the report there is a drawing on page eight that shows the pond and how it will be built out. This is not based on volume but on a proposed grading plan. He did not think anyone has calculated the volumes yet. Mr. Neumeister showed the map indicating where the pond is located and where the pond is proposed to go out to. Motion carried 4 ayes, I nay (Trude). (RES. RI13-07) DISCUSSANIMAL CONTROL CODE Community Development Director Neumeister stated the City Council recently directed the Planning Commission to consider whether or not changes are needed to the City's Animal Control Code. At their July 24 meeting, the PIlInnine Commission considered whether changes or clarifications were 0 needed to address the issues of Nuisance Dogs/Barking; Potentially Dangerous Dogs; Restraint; and Basic Care. Councilmember Jacobson agreed with everything discussed at the Planning Commission and suggested they let them go to a public hearing. Councilmember Trude stated she spent some time reviewing this and also agreed the comments from the Planning Commission should be accepted but she had some issues that came to her while reviewing this. One of them was they talked about restraint and nowhere in their Code do they require animals to be restrained and it is not a violation unless they are a dangerous dog and then they have to have a proper enclosure so the definition only applies indirectly in a way that if a dog is running at large that is a violation but if a dog is on the property it is not and they do not have any requirements about it. They also have another section of code on page 17, dog enclosures, it talks about the purpose, location, screening but they never require people to comply with it. There is no consequence to it. Councilmember Trude also noted they do not have any rules about the invisible fence and where that can be located. Councilmember Jacobson stated the invisible fence is generally around the perimeter of the property. Right now the dog can be in the front yard as long as it is verbally under the control of the owner or if off the property, it has to be on a leash. 0 Councilmember Knight stated if the owne! is not outside with the dog, there is no verbal control and he has a problem with the invisible fence because it can be run right down the sidewalk. Councilmember Orttel thought there was Jomething in the proposed changes to move the fence back from the sidewalk. Councilmember Trude wondered if they should have some requirement that a dog has to be 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 10 restrained on the property or should they say a dog cannot run at large. Mr. Neumeister thought the answer was on page 8 in the report. Councilmember Trude stated this section pertains to dogs being off the property. Mr. Neumeister stated that is the control section of the code so if they want to they could change it slightly to more effectively indicate this. Council consensus was to have the Planning Commission hold a public hearing for this item. Ms. Sylvia Munson stated "Invisible Fence" is a brand and should not be used. She stated they are not safe because different things affect them. She would like the City to have some ordinance regarding electronic fencing. She requested a building permit be required when installing an electric fence and require them to have a sign so people know there is an electronic fence there. Ms. Munson also requested the City to define what is endangering a person when they have the electronic fences. She would also like nuisance and :frequent barking defined and have some regulations about electric fence. 0 CONSIDER PARTICIPATING IN ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES City Administrator Dickinson stated recently the Anoka County Board, pursuant to Minnesota State Statute 469.1082, granted to the Anoka County Housing and Redevelopment Authority (ACHRA) all of the powers of an economic development authority under Minnesota State Statute sections 469.090 - 469.1082. With the granting of this authority to the ACHRA, the statute is clear that cities and townships have the option to participate in the economic development program. Motion by Jacobson, Seconded by Orttel, to respectfully decline participating in the Anoka County Housing and Redevelopment Authority (ACHRA) program. Motion carried unanimously. DISCUSS SCHEDULE FOR COMPREHENSIVE PLAN UPDATE Community Development Director Neumeister stated staff has prepared a draft schedule for the Comprehensive Plan Update and asks the Council for changes or comments. Councilmember Trude understood the Le$e of Women Voters is working on putting together cable tv interviews of City planning officials asking some questions related to what they are , 0 going to focus on in the Compo Plan Upda~ and then they are going to ask how the City wants to protect vulnerable natural resources. Anoth~r question is how will the City involve other communities or get their feedback and she knew it may be hard for them to address those questions because they are still so early in their plan. She can see they are going to deal with all of those at some point but it is just a matter of taking a lot of time to go through all of this. 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page II Councilmember Trude stated on the last page they have to allow six months for comments by neighboring cities and she wondered if they should be scheduling workshops for time for them to review those plans coming from their neighbors as well. Mayor Gamache thought the plan looked good and is moving along well. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting on August 21,2007 at 6:00 p.m. Motion carried unanimously. SCHEDULE SEPTEMBER WORKSHOP Motion by Trude, Seconded by Orttel, to schedule a Special Council Workshop for September 25, 2007 at 6:00 p.m. Motion carried unanimously. 0 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, road improvements projects in the City and the progress on Wayside Horns/Quiet Zone and miscellaneous activities. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (National Night Out) - Councilmember Trude stated National Night Out was a great success and she could not believe all of the kids in the neighborhoods. Mayor Gamache heard people are traveling too fast through the neighborhoods so he reminded the residents to be careful and watch out for children while driving. (Hanson Boulevard Detour) - Mayor ~he stated they have talked a little about the detour near Hidden Creek Park where people are cutting through and trying to get to Bunker. There is really no 0 other way to get to Bunker Lake Boulev~ from those neighborhoods. This has started to affect that neighborhood and they are looking at otper ways to make sure cars are not cutting through. j (Road Improvements by Andover High School) - Councilmember Trude stated people are really distressed with the area on Crosstown by the High School and she wondered if the County could look at this to see if they could pave the area because it is pretty rough. Mr. Dickinson indicated they 0 Regular Andover City Council Meeting Minutes - August 8, 2007 Page 12 have lobbied for this pretty heavily and he did not think they would see anything done this year but he thought the County has been strongly considering placement in their 2008 reconstruct project. (Anoka County Sheriff's Department Thanh) - Mayor Gamache wanted to thank the Anoka County Sheriff's Department forresponding to the 35Wbridge collapse with their dive team; they were the first and probably the most important dive team there. He thanked them for what they did. He noted the Fire Department was also on call to help out other fire departments where needed in the Twin Cities. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0