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Q 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, July 17, 2007
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (6/14/07 Joint Mtg. w/Park Commission; 7/3/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Order Plans & Specs/Approve Plans & Specs/Order Quotes/07 -7 /2007 Trail Maintenance - Engineering
4. Declare Cost/Order Assessment Roll/05-15/ Andover Station North Ball Field Improvements - Engineering
5. Approve Diseased Tree Policy - Engineering
6. Receive Assessment RolllWaive Public Hearing/Adopt Assessment Roll/07-29/14555 Round Lake Blvd.
NW /SS & WM - Engineering
7. Receive Assessment Roll/Order Public HearingIWoodland Crossings (05-32), Shaw's Glen (05-24),
0 Cardinal Ridge (05-20) & Adjacent Parcels - Engineering
8. Order Plans & Specs/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM-
Engineering
9. Approve Wayside Horn License Agreement with Anoka County/06-10 - Engineering
10. Approve Hold Harmless & Easement Encroachment Agreement/2598 - I 54th Lane NW - Engineering
11. Acknowledge Resignation/Retirement Public Works Superintendent - Administration
Discussion Items
12. Receive Anoka County Sheriffs Department Monthly Report - Sheriff
13. Award Bid/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-
Sac) - Engineering
Staff Items
14. Schedule August Workshop -Administration
15. Schedule EDA Meeting -Administration
16. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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0 Regular Andover City Council Meeting
Minutes - July 17, 2007
Page 8
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 17,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIEN CE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. I
AGENDA APPROV AL............................................................................................................. 2
APPROV AL OF MINUTES ...................................................................................................... 2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 3
Resolution RI00-07 ordering Plans & Specs/Approve Plans & Specs/Order Quote/07 - 7/
2007 Trail Maintenance ................................................................................................. 3
Resolution RIO 1-07 declaring Cost/Order Assessment Roll/05-15/ Andover Station North
Ball Field Improvements.................. ....... ................................. ............. .......................... 3
Resolution RI02-07 receiving Assessment Roll/Waive Public Hearing/Adopt Assessment
Roll/07-29/14555 Round Lake Blvd. NW/SS & WM ................................................... 3
Resolution Rl 03-07 receiving Assessment Roll/Order Public Hearing/W oodland
Crossings (05-32), Shaws Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels .. 3
0 Resolution RI04-07 ordering Plans & Specs/07-25 (2756 _134th Lane NW) &. 07-26
(2766 - 134th Lane NW)/SS & WM ............................................................................... 3
Approve Wayside Horn License Agreement with Anoka County/06-1 0 ............................ 3
Approve Hold Harmless & Easement Encroachment Agreement/2598 - 154th Lane NW . 3
Acknowledge ResignationlRetirement Public Works Superintendent ................................ 3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received.. ................. ........... ............... ........... ................. ............ ....... ....... ................. ............ 3
AWARD BID/06-22 (CROOKED LAKE BOAT LANDING), 07-9 (TERRACE PARK) &
07-18 (160lH LANE NWCUL-DE-SAC)
Motion to Approve (RES.RI 05-07)...................................................................................... 3
APPROVE DISEASED TREE POLICY
Motion to approve...... .... ....,....... .............. ..... ......... ............................ .................. ............. .... 4
SCHEDULE AUGUST WORKSHOP .....:................................................................................ 6
SCHEDULE ED A MEETING........ ...... ...... ....... ........... ................ ...... ............ .... ..... ..... ............. 6
AD MINISTRA TOR REPORT ....... ......... .......... ...... ........... ........ .................... ................ ........... 7
MAYOR/COUNCIL INPUT
Retirement of Frank Stone.............................. ....................... ..... ............... ..... ........... ........... 7
National Night Out................................................. .......... ................................. ......... ........... 7
Mary Stone Boulevard ........................................... ..... ..... ...................... ..................... .......... 7
Fun Fest Thanks .................. ............................... .............. .............................................. ....... 7
ADJOURNMENT.. ................................................. ............................................................ ....... 7
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0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 17,2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, July 17, 2007, 7:00 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, William Hawkins
City Administrator, Jim Dickinson
City Engineer, Dave Berkowitz
Others
0 PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Mr. Kevin McGinn - 13865 Bluebird Street N. W., expressed a concern he has had over the past year
regarding POV's Bar and the noise it emanates into his neighborhood. He explained to the Council
the actions he has taken to try to get the noise to be lowered. Councilmember Jacobson stated he was
going to bring this issue up at the meeting tonight. Captain Jenkins stated there were 6 complaints
reported on Saturday night. He noted they did not have any other problems there.
Councilmember Jacobson stated the permit was only to allow liquor onto the ball fields. When they
took that action, they talked extensively about the noise that happened in previous years and what.
they needed to do this year. Mr. Dickinson stated in response to the Council discussion with Mr.
Povlitzki regarding the measuring of sound, they did have one of their staff members at the
intersection of 139th and Jay Street on Friday evening measuring the sound level. They recorded
noise measurements after 10:00 p.m. between 57 and 61 decibels. What is allowed during that time
is 50 to 55 decibels. Based on the different readings they rated as low as 42 decibels within one
reading and as high as 70 decibels within one reading within the half hour time frame. The majority
fell between 55 decibels and 10wer. He noted they took the average of all the readings, which made
the average higher.
0 Councilmember Trude wondered how many feet this was from the property line. Mr. Dickinson
stated it was the intersection that enters the Bruggeman property.
Councilmember Jacobson asked if the six complaints were from the same or different phone
numbers. Captain Jenkins indicated he could not get them the information at this time because he
0 Regular Andover City Council Meeting
Minutes - July 17, 2007
Page 2
did not have the report with him. It was indicated by Mr. McGinn that he called two times. Captain
Jenkins stated he was told the remaining calls were independent complaints.
Councilmember Jacobson asked Captain Jenkins to get the complaint information to the City for
their records if this comes up for review next year.
Mayor Gamache explained the reason the decibels were measured from the location staff was at. .
The City Council discussed the possible reasons the sound traveled further than normal and possible
reasons for the complaints.
Motion by Jacobson, seconded by Knight, to have Captain Jenkins bring forward complaint
information to the City for their records and to have the Council discuss this further at a future
workshop.
Mayor Gamache stated he would like to look at information from other cities that have outdoor
events and how they handle this problem. Councilmember Trude stated they need to make sure Mr.
McGinn's address is on the list to receive notice when these types of things are on the agenda.
0 Motion carried unanimously.
AGENDA APPROVAL
Remove from Consent Items for discussion Items 5, (Approve Diseased Tree Policy).
Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried
ummimously.
APPROVAL OF MINUTES
June 14, 2007, Joint Meeting with Park Commission: Correct as written.
Motion by Orttel, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Trude).
July 3, 2007, Regular Meeting: Correct as written.
0 Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Gamache).
CONSENT ITEMS
0 Regular Andover City Council Meeting
Minutes - July 17, 2007
Page 3
Item 2 Approval of Claims
Item 3 Order Plans & Specs/Approve Plans & Specs/Order Quotes/07-7/2007 Trail
Maintenance (See Resolution RI00-07)
Item 4 Declare Cost/Order Assessment Roll/05-15/Andover Station North Ball Field
Improvements (See Resolution R101-07)
Item 6 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Ro1l/07-
29/14555 Round Lake Blvd. NW/SS & WM (See Resolution R102-07)
Item 7 Receive Assessment Roll/Order Public Hearing/Woodland Crossings (05-32),
Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels (See Resolution
RI03-07)
Item .8 Order Plans & Specs/07-25 (2756 - 134111 Lane NW) & 07-26 (2766 - 134111 Lane
NW)/SS & WM (See Resolution RI04-07)
Item 9 Approve Wayside Horn License Agreement with Anoka County/06-1 0
Item 10 Approve Hold Harmless & Easement Encroachment Agreement/2598 - 154111 Lane
NW
Item 11 Acknowledge ResignationiRetirement Public Works Superintendent
0 Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried
llmmimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
Councilmember Trude stated there was an excellent write up in the Anoka Union about the
enforcement of the drunk driving laws and it described what the Sheriff's Department does and she
was shocked at the percentage of people pulled over that have signs of intoxication. She stated she
appreciates the efforts the Sheriff's Department makes in improving the safety of the residents.
AWARD BID/06-22 (CROOKED LAKE BOAT LANDING), 07-9 (TERRACE PARK) & 07-18
(16f111 LANE NW CUI.-DE-SAC)
City Engineer Berkowitz explained this is a request to receive the bids and award the contract for the
three areas.
0 Mr. Berkowitz reviewed the improvements they are looking at doing to the Boat Landing area.
Councilmember Jacobson stated in the staff report it indicates there was an error in the bid amount
and he wondered if the amount was lower or higher before correction. Mr. Berkowitz stated the bid
was actually a little higher before it was corrected.
0 Regular Andover City Council Meeting
Minutes - July 17, 2007
Page 4
Councilmember Trude wondered if the City Attorney reviewed this aspect of the project. City
Attorney Hawkins indicated he did.
Mayor Gamache wondered if they had an idea how much runoff from the landing and parking lot
will be caught and filtered before it goes into the lake. Mr. Berkowitz assumed with a one-inch
rainfall they should have one hundred percent containment of that and will be treated within the rain
garden or the pervious pavement. If there is a heavier rainfall within 24 hours it may go into the rain
garden and saturate it and overflow. He noted this is a drastic improvement from what they currently
have.
Councilmember Trude wondered if these improvements allow them to use less land to meet the
water quality requirements they have because of the Water Conservation Act. Mr. Berkowitz stated
that is correct and they are treating this as an experiment but it may be a solution for some of the
areas around City Hall where they have land locked basins.
Councilmember Knight asked if they will have a fishing dock. Mr. Berkowitz explained they will
have a roll in dock for the boat landing. It is not a fishing pier but they are anticipating fishing would
0 be done from there.
Mr. Berkowitz reviewed the improvements for Terrace Park with the Council.
Motion by Knight, Seconded by Jacobson, to approve the resolution accepting the base and alternate
bid and award the contract to Rum River Contracting in the amount of$199 ,072.93 for projects 06-
22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac).
Motion carried nmmimously. (RES. RI05-07)
Councilmember Trude stated $100,000 of this is being paid for by a grarit from the MN Dept of
Natural Resources. Mr. Berkowitz clarified that the DNR is paying for half of the Crooked Lake
Boat Landing parking lot, which is around $50,000. The park is funded through park dedication and
the 16181 cul-de-sac is funded through the Road and Bridge Fund and Storm Water Utility.
APPROVE DISEASED TREE POLICY
Mr. Berkowitz indicated staffhas put together a policy detailing the process and procedures involved
with enforcement of trees affected with insect and disease problems.
Councilmember Knight stated he asked to have this pulled because at the time they discussed this he
0 was a little troubled by it and since then he has had a couple people contact him objecting to the
$10,000 potential for assessment for situations they in many cases would not be responsible for
because it is kind of an act of nature in reality. He stated this is the only thing not covered by
insurance and if something like this happened on someone's property, they could easily be stuck
paying a lot of money.
0 Regular Andover City Council Meeting
Minutes - July 17, 2007
Page 5
Councilmember Trude wondered if they should change the amount. Councilmember Knight stated
he did not have a solution but this has a potential for someone to really get in financial trouble in
certain situations. Councilmember Trude thought it would be good to have that policy in place but
understood the amount if very steep and most homeowners could not come up with that without
getting a bank loan and they would need to secure it with something. She stated they did talk about
the City's ability to assess it against the home taxes and pay it off over time and that is one thing they
could do. If they changed that amount and see what their experiences were, they could get the policy
in place.
Mr. Berkowitz stated he talked to Councilmember Knight earlier and reviewed it with Kameron
K ytonen, their Natural Resource Technician, and he feels that over ninety percent of the cases will be
under $5,000 and if that is a reasonable number to lower it to, that is acceptable to staff. He stated
when it does hit that dollar amount they will be back before the Council with the resident to see what
needs to be done to help that individual to treat his trees.
Mr. Berkowitz reviewed the background behind this policy with the City Council.
0 Councilmember Orttel did not think the resident would pay the $5,000 unless they failed to do
anything. Even then it would go back to what the true cost would be. The $5,000 is just the trigger
to where it would be referred to the City Council. Mr. Berkowitz indicated that is correct.
Councilmember Trude thought they could change the amount from $10,000 to $5,000 and add a
clause, if a homeowner claims financial hardship and is unable to remove the diseased trees, they
may work with the City to use the assessment process. Mr. Berkowitz stated if they refuse to
respond the City will have their contractor come in and remove the trees and then they will assess the
costs back to the property.
Councilmember Knight stated what makes this situation different is this is a very odd thing that
happens when compared to other things that could happen and it happens to people that do not even
know it. He stated part of the problem is they live in an area where Oak Wilt is very prevalent.
Mr. Berkowitz stated they will work with the residents to get the infected trees cut down at a
reasonable price.
Councilmember Trude indicated she has two changes she would like to be made to the policy. The
first is on page six, item four. She would like to change to the length of the contract to one year.
The second change she would like is to change the last sentence on page six to read "If the bid from a
contractor exceeds ten percent of the land value or is for $5,000 or more, the nuisance abatement will
0 be subject to City Council approval prior to condemnation."
Councilmember Jacobson asked if they should remove the words "Prior to Condemnation" because
they are not really condemning. He thought those word should be stricken. The Council agreed.
Motion by Trude, Seconded by Jacobson, to approve the policy with the above discussed changes.
0 Regular Andover City Council Meeting
Minutes-July 17,2007
Page 6
Councilmember Trude wondered if the rest of the Council would accept a friendly amendment to the
motion. She stated she would like to add a sentence "if a homeowner claims financial hardship, the
abatement process would be used". This way they do not need to fail to act, they could actually work
with the staff over the winter months. Councilmember Jacobson thought if they did that, people
would come in for abatement for amounts less than $5,000 and would be a nightmare for staff to take
care of. He thought if they were talking about abatement and putting it on taxes, they had to at least
have a reasonably high number. Councilmember Trude did not think there would be that many
people who would come to the City for abatement help.
Councilmember Orttel stated if anyone came to the City, the only option they have is to assess it. He
thought the amendment was redundant.
Councilmember Trude withdrew her friendly amendment and let the rest of the motion stand.
Mr. Berkowitz stated staffwill work close with the residents and if there is a way to work it in, they
will do that.
0 Motion carried nmmimously.
SCHEDULE AUGUST WORKSHOP
Motion by Jacobson, Seconded by Orttel, to schedule a Council Workshop for August 28,2007 at
6:00 p.m. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on August 8, 2007 at 6:00 p.m.
Motion carried nnanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders and rniscellaneous projects.
0 City Engineer Berkowitz updated the Council on road improvements projects in the City.
M4YORlCOUNCIL INPUT
(Retirement of Frank Stone) - Councilmember Jacobson noted Frank Stone is retiring and he
0 Regular Andover City Council Meeting
Minutes - July 17, 2007
Page 7
wondered if they are going to be planning something for him. Mr. Dickinson stated they will be
doing something for him and will let the Council know when it is.
(National Night Out) - Councilmember Jacobson stated National Night Out is coming up and he
asked for information from staff on what activities will be going on in the City. Mr. Dickinson
stated the registration deadline is coming up in the next week and at that point, Laura Landes will
compile that information and get it out to him and then he will get the information out to the
Council.
(Marystone Boulevard) - Councilmember Jacobson asked if there is anything new regarding
Marystone Boulevard. Mr. Berkowitz stated the Marystone Boulevard survey will take a couple of
months to get done. The Engineering Department is very busy right now but their goal is to get the
survey points collected by the end of August and put together a preliminary layout and meet with the
residents sometime in September and then bring it back to the Council in late September or early
October.
0 (Fun Fest Thanks) - Mayor Gamache thanked staff and the volunteers at Fun Fest for the fine job
they did again this year. Councilmember Trude wondered if they have considered moving the parade
to early evening instead of the rniddle of the day because of the heat factor. Mr. Dickinson did not
know but would mention it to them.
Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:10 p.m.
Respectfully subrnitted,
Susan Osbeck, Recording Secretary
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