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Home My WebLink AboutCC August 5, 2009 C I T Y o F NDOVE 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 5, 2009 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/21/09 Regular; 7/23/09 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Award Bid/09-11/Water Treatment Plant Building Expansion (Supplemental) - Engineering 4. Approve/Acknowledge Letter Regarding LRRWMO/CCWD Boundary Changes/09-28 - Engineering 5. Order Amended Assessment Roll/08-36/Cardinal Ridge 2nd Addition (Putnam Property) - Engineering 6. Award Quote/09-7, 2009 Trail Maintenance & 09-24, 2009 Parking Lot Maintenance - Engineering 7. Accept Bids and Approve Contract to Manufacture New Fire Department Pumper Truck - Fire 8. Approve Dental Renewal and Employer Contribution - Administration Discussion Items 9. Public Hearing/Consider Amendment to City Code 12-7-3/Fence Height - Planning 10. Consider Revised Planned Unit Development/Andover Clocktower Commons/NE Corner of Hanson & Crosstown Blvds. NW - Planning 11. Discuss Sophie's Park/Grading & Mowing - Engineering 12. Discuss/Approve Andover Vision Statement - City Council Staff Items 13. Schedule EDA Meeting - Administration 14. Administrator's Report - Administration Mayor/Council Input Adjournment @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: August 5, 2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: July 21,2009 Regular Meeting July 23, 2009 Workshop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Gh~~ _ ,~:.", I,. V Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - JULY 21, 2009 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike 11 Gamache, July 21,2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Community Development Director, Will Neumeister 20 Others 21 22 23 PLEDGE OF ALLEGIANCE 24 25 26 RESIDENT FORUM 27 28 29 AGENDA APPROVAL 30 31 The Council acknowledged that supplemental information was received. 32 33 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 34 carried unanimously. 35 36 37 APPROVAL OF MINUTES 38 39 July 7, 2009, Regular Meeting: Correct as written. 40 41 Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion 42 carried on a 4 ayes, 1 present (Trude) vote. 43 44 July 7, 2009, Closed Session Meeting: Correct as written. 45 46 Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion 47 carried on a 4 ayes, 1 present (Trude) vote. 48 Regular Andover City Council Meeting Minutes - July 21, 2009 Page 2 1 2 CONSENT ITEMS 3 4 Item 2 Approval of Claims 5 Item 3 Debt Service Payments 6 Item 4 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/09- 7 25/13758 Round Lake Blvd. NW/WM (See Resolution R058-09) 8 Item 5 Order & Approve Plans & Specs/Order Quotes/09-712009 Trail Maintenance (See 9 Resolution R059-09) 10 11 Motion by Knight, Seconded by Trude, approval of the Consent Agenda as read. Motion carried 12 unanimously. 13 14 15 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT 16 17 Captain Tom Wells, Anoka County Sheriffs Department, provided an update on law enforcement 18 activities occurring within Andover. 19 20 Councilmember Jacobson stated he was aware of at least one complaint in regard to the event at 21 Pov's but he wondered if there were more. Captain Wells stated he was only aware of the one 22 complaint. 23 24 Councilmember Bukkila thought the recent Sheriff s Department Open House went well and she was 25 impressed. She appreciated them taking the time to show the kids around and all the deputies were 26 really friendly. 27 28 29 CROOKED LAKE MANAGEMENT PLAN PRESENTATION 30 31 Mr. Tim Kelly, Coon Creek Watershed and Gary Nerison, Crooked Lake Area Association along 32 with Lisa Delich, made a presentation to the Council. 33 34 Councilmember Knight asked how low the lake is this year. Mr. Kelly stated the lake is a couple of 35 feet below its normal level and has continued to drop throughout the summer. 36 37 Mayor Gamache thought they were getting a lot of use at the dock area on the north side of the lake 38 and he wondered if they have noticed more use when compared to other years. Mr. Nerison stated he 39 noticed less congestion of boats and there has been a fair amount of water activity on the lake, 40 probably more than last year. 41 42 Mayor Gamache asked what time of year is milfoil treatment usually done. Mr. Nerison stated it is 43 usually done in the spring. 44 Regular Andover City Council Meeting Minutes - July 21, 2009 Page 3 1 Mayor Gamache asked if the milfoil was better with the treatment or has it gotten worse. Mr. 2 Nerison stated it is being contained. He stated they are in a controlled situation and trying to 3 maintain the lake for recreational use and maintain clarity. 4 5 Councilmember Jacobson asked how many members are there in the association. Mr. Nerison stated 6 there are 130 lake shore property owners and any landowner within the Crooked Lake subwater shed 7 district is eligible to be a member of the association and do not have to be a lakeshore property 8 owner. He stated currently the dues are at thirty-five dollars a year and are not obligatory, they are 9 volunteers and they currently have about sixty due paying members. He stated they are developing 10 an incentive plan for 2010. 11 12 13 CONSIDER REIMBURSEMENT TO CROOKED LAKE AREA ASSOCIATION/CHEMICAL 14 TREATMENT FOR MILFOIL 15 16 Mr. Berkowitz stated the City Council is requested to consider a request from the Crooked Lake 17 Area Association for reimbursement of treatment of the invasive plant species. They are 18 requesting a reimbursement of $2,426.50. 19 20 Mayor Gamache stated the $4,852.80 is the total cost of the milfoil treatment and split between 21 Coon Rapids and Andover. Mr. Berkowitz stated that was correct. 22 23 Councilmember Jacobson asked what Coon Rapids has done on this matter. Mr. Nerison stated 24 they have received reimbursement from Coon Rapids already in the amount of $2,426.50. 25 26 Councilmember Jacobson asked when it came before them in 2008 he thought they split it with 27 Coon Rapids and paid twenty-five percent. Mr. Dickinson stated they did not talk about splits at 28 that time. They talked about a need for a plan and their understanding was there were funds 29 available at the watershed for things such as this but now that we have seen the plan it is 30 something the City would put into the mix for budgeting for in 2010 but this did not get budgeted 31 for 2009. 32 33 Councilmember Jacobson asked if they ever contributed anything because it seemed to him like 34 they did at one time. Mr. Dickinson stated they used to budget and contribute for this year's back 35 and then there were a couple of years things were not done. That is probably when it fell off the 36 radar of being budgeted as part of the annual budget. 37 38 Councilmember Jacobson asked if it was the anticipation ofthe association that every year the 39 City do this or what are they looking at. Mr. Nerison stated this plan will be reviewed every year 40 and right now they are looking at annual treatments so they would be looking at an annual 41 contribution for the herbicide treatment. What the lake association will be funding is the native 42 plant restoration, which is a considerable sum. 43 44 Mr. Nerison stated the last treatment before the association getting active again was in 2004 so Regular Andover City Council Meeting Minutes -July 21,2009 Page 4 1 there are four years where nothing happened and in 2008 the lake area association paid for the 2 treatment all on its own. For 2009 they are requesting from both cities to reimburse them for that 3 treatment. 4 5 Councilmember Jacobson understood this was not in their budget for 2009 and ifthey were to 6 approve this where would the money come from. Mr. Dickinson stated they would be looking at 7 likely some funds within the general fund and from their storm water management fund. 8 9 Councilmember Trude wondered if there would be a possibility of doing thirds or having the 10 association pick up part of the costs this year and then do their plants another year since there 11 certainly is a benefit to the property owners. Mr. Nerison stated there is but there is also a benefit 12 to both cities and everybody who uses the lake. He stated the association has already paid the 13 contractor for the work being done so it is a matter of what reimbursement they get from both 14 cities. 15 16 Councilmember Jacobson asked if they could reimburse a private organization for something 17 they spent. City Attorney Baumgartner thought they could as long as it is determined to be a 18 benefit to the citizens of the City. There should be an invoice by the company that did the work 19 showing the amount was paid. 20 21 Mayor Gamache asked if they would be able to use some of their charitable gambling funds for 22 this. Mr. Dickinson indicated they would not. 23 24 Councilmember Trude stated normally this would be something in the Parks Department budget 25 but the letter said the conversions with Mr. Haas was that they wanted to see the long term plan 26 before they committed and now they have the long term plan and bill at the same time. She did 27 not think that gave them time to put it in the budget. Mr. Dickinson stated his understanding was 28 once they had the plan they would put it in the budget mix. They did not have that as a part of 29 the 2009 budget process. 30 31 Councilmember Bukkila asked how the association picked the company to do this and was it 32 competitive. Mr. Nerison stated they used the list of approved contractors from the MN DNR 33 and they choose three local companies and sent out a request for proposal. They got two back 34 and accepted the lowest bid. 35 36 Councilmember Knight asked if Mr. Dickinson assumed they would be paying this. Mr. 37 Dickinson indicated he did not. He stated once they had a plan he would put it in the mix for 38 2010 if the Council concurs. 39 40 Mayor Gamache asked why they would not be taking the full amount from the Storm Water 41 Utility Fund. Mr. Dickinson stated this would be an appropriate allocation of funds because it is 42 not one hundred percent a storm water issue, there is a recreational component to this as well. 43 44 Councilmember Trude asked if they should have staff look at possible funding sources and bring Regular Andover City Council Meeting Minutes-July 21, 2009 Page 5 1 it back to a future meeting. Councilmember Knight stated part of the problem is the economy 2 and they are watching every penny they are spending. 3 4 Councilmember Jacobson indicated he did not have a problem in participating in this, he was 5 questioning the amount. He stated they are really tight this year because of what the State has 6 done to them and what they are going to do to the City next year. Even this year they are looking 7 at the process of laying off people since they do not have the money this year. He is looking at 8 the 130 people that live around the lake and only about half have chosen to spend a minimum of 9 $35.00 to keep up the lake their property fronts on. He thought the property owners have a 10 responsibility because it is improving their livability and the lake. He also thought the City had a 11 responsibility too because it is open up to other people. He was questioning whether they should 12 pay half of this like Coon Rapids has. 13 14 Councilmember Knight suggested turning this over to Mr. Dickinson on where to get the funds 15 from. Mr. Dickinson stated if the Council is willing to spend the funds he would suggest 16 allocating the funds appropriately. He would suggest fifty-fifty between the Storm Water 17 Management Fund and the General Fund. 18 19 Mayor Gamache stated a year ago they passed a Constitutional Amendment with tax dollars 20 going to funding projects and he wondered if the State had anything in that program for Milfoil 21 treatments for lakes. Mr. Nerison thought Mayor Gamache was talking about the Clean Water 22 Legacy Fund and to his knowledge there will be no Clean Water Legacy Funds that will go to 23 milfoil. There are some funds available and grants available for milfoil control and they did look 24 into that. Crooked Lake does not rank very high and likely does not qualify since it is a metro 25 lake. Many of the grant programs are geared for non-metro lakes. 26 27 Motion by Knight, Seconded by Trude, to direct the City Administrator to pay the Association 28 and allocate the funds appropriately. In 2010 one third of the total bill will be paid by Andover, 29 one third the Association and Coon Rapids one third. 30 31 Councilmember Jacobson asked ifhe could make an amendment to the motion that for planning 32 in the budgeting process for 2010 that they limit their expenses to one quarter of the total 33 amount. Mayor Gamache thought they should pay one third along with the association and Coon 34 Rapids. The rest of the Council agreed. 35 36 Motion carried unanimously. 37 38 39 ACCEPT FEASIBILITY REPORT/ORDER PUBLIC HEARlNG/08-20A/CLOCKTOWER 40 COMMONS TURN LANE IMPROVEMENTS 41 42 Mr. Berkowitz stated the City Council is requested to receive the feasibility report and order the 43 public hearing for Project 08-02A, Clocktower Commons Turn Lane Improvements. 44 Regular Andover City Council Meeting Minutes - July 21, 2009 Page 6 1 Mr. Berkowitz presented the plans and reviewed the information with the Council. 2 3 Councilmember Jacobson stated on Crosstown Boulevard east of Bluebird Street there is 4 indication of some work there and is that included in the cost estimate. He asked what work 5 needs to be done. Mr. Berkowitz stated to meet the speed transition and because of the current 6 width of the lanes transition they need to widen the pavement out in this location that is why they 7 need to go that far back. 8 9 Councilmember Trude thought they talked about a shortened turn lane without stacking. Mr. 10 Berkowitz indicated they are shortened compared to what the standard is. They have worked 11 through what they can fit through geometries in that location and they would need to meet the 12 speed to one tappers to make it work. 13 14 Councilmember Jacobson asked what would happen if they did not put the improvements in east 15 of Bluebird Street. Mr. Berkowitz stated the tapers would shorten if they transitioned the 16 improvements further to the west and may not be as effective for future access to this property. 17 There would be a lot more impact and costs to provide future access to the southern property. 18 19 Councilmember Jacobson stated when they originally looked at this he brought up the issue of a 20 429 and if this technically would be a Council initiated or petition initiated. Do they have 21 enough parcels to meet their percentages. Do they have to have a 4/5 vote rather than a simple 22 majority. City Attorney Baumgartner read the Statute to the City and explained what would be 23 needed, a simple majority vote. 24 25 Councilmember Jacobson stated in an email they received it is suggested a twenty-five percent 26 contribution be made by the City in order to move the project forward as a 429 and as he looked 27 at the numbers he thought they were talking about $50,000. He is not ready or willing to spend 28 that money in this economy. He stated the City does not have the money and if they are not 29 going to go ahead with this why accept this and go ahead with a public hearing because it does 30 not make sense. 31 32 Mayor Gamache agreed and noted some of the emails indicated that if the Bluebird 33 Street/Crosstown Boulevard intersection were improved instead then the corner could 34 accommodate appropriate signage. Another email indicated allowing signage at Bluebird Street 35 and Crosstown Boulevard would solve some of the visibility issues which he agreed with. 36 37 Councilmember Bukkila stated she did not like this. Councilmember Trude thought it puts it 38 back to the drawing board because the applicants cannot afford this type of improvement either. 39 She wondered if there is any room left to try to work with the businesses. 40 41 Councilmember Jacobson asked ifthe Council said no to this tonight, what this would do to the 42 process. Mr. Dickinson stated they are asking to schedule a public hearing. The Council can 43 accept the report and after the public hearing can modify some of the allocations of the 44 assessments in the report. If the read of the Council is that this project is not going to go based Regular Andover City Council Meeting Minutes -July 21,2009 Page 7 1 on the dollars identified in the report as not being economically feasible to those that are going to 2 be assessed then are they just delaying a decision to a future meeting and the Council should go 3 ahead and kill the project now. He stated the next thing he would anticipate would be that a PUD 4 amendment that has been proposed by BDT Holdings for the Clocktower Commons development 5 would be on their agenda for the first meeting in August for what type of access the City would 6 be willing to provide. 7 8 Mr. Tom Roberts, BDT Holdings and Darren Lazan of Landform were at the meeting. 9 10 Mr. Roberts stated they petitioned and did not want a major project but ended up being part of a 11 larger project, which would be a long term solution. They spent a lot of money so far and have 12 not gotten anywhere. He would agree with what has been stated. Mr. Holasek has some issues 13 and Marathon and McDonalds felt the City should contribute a lot more than five percent and he 14 felt the same way. If they cannot get there then he thought they should go back to the original 15 PUD proposal they proposed and have a discussion on that. That would be their thought process. 16 17 Mr. Roberts thought the City Council may have to make some decisions that the City Staffwill 18 not recommend if they want to approve what they think makes sense today. He would question 19 whether staff and BDT Holdings could get to a one hundred percent agreement. 20 21 Mr. Lazan thought it was important to note that they left the last hearing with something they felt 22 they could afford and were asked to take a look at minimal improvements. They met with staff 23 and to consider a full safety improvement. They ran this course at the request of Council and 24 they came back to a $200,000 solution. He did not think this was feasible. 25 26 Mr. Roberts stated a speed study is very important for this improvement and they would like to 27 see the speed limit lowered in this area. He stated the State sets the speed limit but the City can 28 set the location of where they want it taken. Many cities have had the same issues Andover has 29 had and have taken sections of road, done a speed study and have eventually gotten to the level 30 they were hoping to get to so they are highly recommending that. The issue should be how they 31 can slow the speed down. 32 33 Mr. Roberts thought another issue was people finding their way to the shopping center and there 34 was discussion from other property owners that the signage could be better. If the access is better 35 the businesses will get a few more trips. 36 37 Councilmember Bukkila stated she made her position on the whole project the bare minimal as 38 possible with the least amount of concrete with just a pork chop and no median and based on that 39 her position is to not spend any City money. She stated this is their self initiated project. Mr. 40 Roberts agreed. 41 42 Councilmember Knight felt all along that they did not need concrete medians; striping has served 43 the function elsewhere. This would cut costs somewhat. He has been very much in favor of a 44 speed study on this portion of the road and strongly urges them to get a speed study from Regular Andover City Council Meeting Minutes - July 21, 2009 Page 8 1 Bluebird Street to Hanson Boulevard. Councilmember Trude stated she would second that if it 2 were a motion. 3 4 Motion by Knight, Seconded by Trude, to approve a resolution for a speed study request from 5 Bluebird Street to Hanson Boulevard. Motion carried unanimously. 6 7 Motion by Jacobson, Seconded by Trude, to terminate the project 08-28, Clocktower Commons 8 improvement. Motion carried unanimously_ 9 10 Mr. Lazan asked ifthe Council would hear their project at their next workshop meeting on July 11 23,2009. The Council agreed. Mr. Dickinson indicated that no final decisions would be made at 12 the Workshop; a final decision would be made on August 5, 2009. 13 14 See Resolution R060-09 15 16 CONSIDER CONDITIONAL USE PERMIT/USED VEHICLE SALES/3075162ND LANE NW 17 18 Mr. Neumeister stated the applicant from the recent application for used vehicle sales at 3149 162nd 19 Lane NW has withdrawn that application and submitted a new application for used vehicle sales at 20 3075 162nd Lane NW. 21 22 Mr. Neumeister reviewed the staff report with the Council. 23 24 Councilmember Trude stated on the aerials they have it is hard to see on the north side of the 25 building where the property line is adjacent to the property to the north and as she looks to the 26 north it looks like there is a pole barn in the area. She wondered if the screening and trees on the 27 property they are talking about, are they inside the property line. Mr. Jim Larson, owner, 28 indicated most of the trees are on his property and there is also a fence on his property. 29 30 Mayor Gamache asked if they were going to require the parking to be striped. Mr. Neumeister 31 believed they will be striping all the required parking stalls, which is sixteen. 32 33 Councilmember Trude thought it would be appropriate to sign the stall for the new vehicle. 34 35 Motion by Jacobson, Seconded by Knight, to approve the resolution adding item ten, subject to a 36 favorable inspection by the Andover Fire Marshall and Building Official and change item seven 37 to indicate that the one displayed vehicle parking area should be signed, "at a signed location". 38 39 Councilmember Trude asked if the Council wanted to discuss the hours of operation, the 40 Planning Commission made it very large but at least it is limiting so it will not be very late or 41 very early. The Council felt the hours indicated were appropriate. 42 43 Councilmember Trude asked the City Attorney regarding some of the wording. Item three says 44 "The applicant shall comply with all State and local laws". Would that mean ifthe applicant Regular Andover City Council Meeting Minutes - July 21, 2009 Page 9 1 decided to get into extensive vehicle repair or body work, the City's laws would require the 2 applicant to come back for a permit for that activity as well. Mr. Baumgartner concurred. 3 4 Councilmember Trude stated they do have proper paperwork indicating the property is owned by 5 the person signing the request for the CUP and that there is an affidavit indicating there is a lease 6 for a one year period signed between Mr. Sudd and the owner of the property. 7 8 Motion carried unanimously. 9 10 See Resolution R061-09 11 12 CONSIDER BUSINESS LICENSEIUSED VEHICLE SALES/3075 162ND LANE NW 13 14 Mr. Neumeister stated the ordinance for vehicle sales requires Council approval of a business 15 license. 16 17 Motion by Jacobson, Seconded by Knight to approve the business license. Motion carried 18 unanimously. 19 20 21 CONSIDER CODE AMENDMENT TO SECTION 12-2/ADDING CAR WASHES AS 22 PERMITTED ACCESSORY USED TO AUTOMOBILE SERVICE STATIONS. 23 24 Mr. Neumeister stated the proposed amendment is intended to clarify where car washes are allowed 25 in the City. 26 27 Councilmember Jacobson asked if this had to have a service station in order to have this. Mr. 28 Neumeister stated that was correct. 29 30 Councilmember Trude wondered ifthey wanted to continue to keep this as a Conditional Use in 31 a neighborhood business because it will really depend on the way it is oriented to a future 32 neighborhood. 33 34 Motion by Knight, Seconded by Jacobson, to approve the ordinance as written. 35 36 Mayor Gamache asked on the bottom of page one, this is going in under SC, GB and Industrial 37 and then the car wash automated can be in a shopping center. Mr. Neumeister stated that was 38 correct. Mayor Gamache stated a car wash self service can be in a general business or industrial 39 zone. Mr. Neumeister indicated that was also correct. 40 41 Motion carried unanimously. 42 43 See Ordinance 385 44 Regular Andover City Council Meeting Minutes - July 21, 2009 Page 10 1 REVIEW REVISED LEASE AGREEMENT FOR ATHLETIC ASSOCIATIONS 2 3 Mr. Berkowitz stated this item is in regard to approving the proposed Lease Agreement with the 4 various associations that currently store their equipment in city owned buildings/facilities. 5 6 Mayor Gamache stated he is against the damage deposit because the buildings they are talking 7 about are all buildings that were paid for through money or volunteer work from the associations. 8 He has yet to have been able to determine there is a serious issue. He did not think they had an 9 issue. He did think they needed to have a contract but thought they should treat the associations 10 as partners in what they do for the City. Councilmember Knight agreed. 11 12 Councilmember Trude stated she had a conversation with someone who is involved with baseball 13 and was told that it is sometimes helpful to have a little bit of a hammer with the coaches the 14 board members have to deal with. She thought this was too much but the board has felt like they 15 always have to remind people to get the equipment back so the coaches are actually paying some 16 type of a deposit and then they are more responsible. The general comment made was sometimes 17 a little bit of a deposit was helpful because it gives them some leverage. She thought $50.00 was 18 a reasonable fee. 19 20 Mayor Gamache stated associations can implement a fee on their own if it warrants a need. He 21 thought they had a good group of associations in the City and did not want to charge them these 22 types of fees. He felt the City should work with the associations. 23 24 Councilmember Knight agreed because they are part of what the City is doing. 25 26 Motion by Jacobson, Seconded by Bukkila, to approve the revised lease agreement removing the 27 "b" in the first line and changing item seven to read according to the City Attorney's wording. 28 29 City Attorney Baumgartner stated in exchange for a damage deposit, he would suggest replacing 30 paragraph seven with the following language: "PREMISES DAMAGES, In the event there is 31 any damage to the premises occurring during (name of Association)'s lease thereof, all lessees of 32 the premises shall be jointly and severally liable for the costs of repairing said damages". 33 34 Councilmember Jacobson stated that would be hard to establish what association was responsible 35 since many of the sites are used by multiple associations. 36 37 Mr. Steve Gompertz, Andover Athletic Association President, 15098 Yellow Pine Street stated 38 he was fine with the language that places the responsibility without the upfront costs. He agreed 39 with just about everything everyone is saying. 40 41 Councilmember Knight stated the one legitimate deposit should be a key deposit. 42 43 Councilmember Trude stated if there is damage to a building and they get a key deposit when the 44 key is returned the deposit would be forfeited and that is where this conversation was started. Regular Andover City Council Meeting Minutes -July 21,2009 Page 11 1 2 Motion carried unanimously. 3 4 5 AMEND FEE ORDINANCE/LEASE AGREEMENT FOR ATHLETIC ASSOCIATIONS 6 7 Mr. Berkowitz stated this item is in regard to amending the Fee Ordinance Section 1-7-3 (Permits 8 Fee Service Charges and Penalties Code) to include a damage deposit escrow for space that is 9 leased within City owned buildings/facilities. 10 11 Motion by Jacobson, Seconded by Knight, to not approve the amended fee ordinance/lease 12 agreement for athletic associations. Motion carried unanimously 13 14 15 CONSIDER APPROVALIEXTENSION OF LIQUOR LICENSE/BEEF o 'BRADY'S 16 17 Mr. Dickinson stated Tony Zeece, BeefO'Brady's has submitted a request for an extension of their 18 license. 19 20 Mr. Dickinson reviewed the staff report with the Council. 21 22 Mayor Gamache asked if there was any discussion as to how they are going to work it out when 23 the tent extends into the main driveway area. Mr. Dickinson stated they will have to work out all 24 the issues with Fire and Building Officials and would need to comply with the requirements that 25 are outlined by Fire and Building. 26 27 Motion by Knight, Seconded by Bukkila, to approve the extension of liquor license request 28 submitted by BeefO'Brady's for August 22,2009 and making sure this is coordinated for noise 29 reduction with a written document showing this is a charitable event by the association and 30 subject to a favorable review by the Planning, Fire and Building Departments. 31 32 Councilmember Trude stated their Attorney pointed out that there is a check mark for "No 33 security" and she wondered if it would not be in order to require security. Mr. Dickinson stated 34 they will stress security. 35 36 Councilmember Jacobson thought they should provide a written document showing it is a 37 charitable event by the association and it should also be subject to a favorable review by the 38 Planning, Fire and Building Departments. 39 40 Motion carried unanimously. 41 42 Regular Andover City Council Meeting Minutes-July 21, 2009 Page 12 1 CONSIDER APPROVALIEXTENSION OF LIQUOR LICENSE/TANNERS STATION 2 3 Mr. Dickinson stated Raymond Warmuth, Tanners Station, has submitted a request for an extension 4 of his liquor license for August 13, 14 and 15,2009 (Thursday thru Saturday). 5 6 Mr. Dickinson reviewed the information with the Council. 7 8 Councilmember Jacobson stated he would not be comfortable with allowing an event on a 9 Thursday night. Councilmember Trude and Bukkila agreed. 10 11 Councilmember Bukkila stated she would be open to another weekend date but would not be 12 agreeable to a Thursday night event. 13 14 Motion by Bukkila, Seconded by Knight, to approve the extension of liquor license requested 15 submitted by Tanners Station for August 14 & 15,2009. Motion carried unanimously. 16 17 SCHEDULE AUGUST WORKSHOP 18 19 Motion by Jacobson, Seconded by Knight, to schedule an August Workshop for Tuesday, August 25, 20 2009 at 6:00 p.m. Motion carried unanimously. 21 22 ADMINISTRATOR REPORT 23 24 City Administrator Dickinson updated the Council on the administration and city department 25 activities, meeting reminders, and miscellaneous projects. 26 27 MAYOR/COUNCIL INPUT 28 29 (Fun Fest) - Councilmember Jacobson stated someone told him that the helicopter was providing 30 rides up until midnight and he asked staffto look into this. He also thought it would be helpful 31 to have a sign or booth posted to tell people when and where events are taking place. They had a 32 lot of people come up to them asking where things were located. He wondered if they could 33 have Fun Fest on another weekend so that it does not conflict with other cities events. 34 35 (Park Advertising) - Mayor Gamache stated they talk about money and he wondered if it was 36 time to look at advertising of businesses at their parks again. 37 38 Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting 39 adjourned at 9:26 p.m. 40 41 Respectfully submitted, 42 43 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - July 21, 2009 Page 13 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 21,2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................................................................................... 1 RESIDENT FORUM...................................................................................................................... 1 A GEND A APPROV AL.................................................................................................................. 1 APPROV AL OF MINUTES ....... .......................... ............................... ..... ...... ...... ................... ....... 1 CONSENT ITEMS......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Debt Service Payments....... ......... .............. ............................... ........ .......................................... 2 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/09-25/13758 Round Lake Blvd. NW/WM (Resolution R058-09)....................................................................... 2 Order & Approve Plans & Specs/Order Quotes/09-7/2009 Trail Maintenance (Resolution R059-09) ............................................................................................................................. 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT .....................2 CROOKED LAKE MANAGEMENT PLAN PRESENTATION.................................................. 2 CONSIDER REIMBURSEMENT TO CROOKED LAKE AREA ASSOCIATION/CHEMICAL TREATMENT FOR MILFOIL .................................................................................... ...... ........ 3 ACCEPT FEASIBILITY REPORT/ORDER PUBLIC HEARlNG/08-20A/CLOCKTOWER COMMONS TURN LANE IMPROVEMENTS (Resolution R060-09) ................................... 5 CONSIDER CONDITIONAL USE PERMITIUSED VEHICLE SALES/3075 162ND LANE NW (Resolution R061-09) ................... ................ ........................... ........ ....... .............. ...................... 8 CONSIDER BUSINESS LICENSEIUSED VEHICLE SALES/3075 162ND LANE NW.............. 9 CONSIDER CODE AMENDMENT TO SECTION 12-2/ADDING CAR WASHES AS PERMITTED ACCESSORY USED TO AUTOMOBILE SERVICE STATIONS (Ordinance 385).......................................................................................................................... ................... 9 REVIEW REVISED LEASE AGREEMENT FOR ATHLETIC ASSOCIATIONS ................... 10 AMEND FEE ORDINANCE/LEASE AGREEMENT FOR ATHLETIC ASSOCIATIONS ..... 11 CONSIDER APPROVAL/EXTENSION OF LIQUOR LICENSE/BEEF O'BRADY'S ............ 11 CONSIDER APPROV AL/EXTENSION OF LIQUOR LICENSE/TANNERS STATION ........ 12 SCHEDULE AUGUST WORKSHOP ......................................................... ........ ........................ 12 ADMINISTRATOR REPORT ..................................................................................................... 12 MA YOR/COUNCIL INPUT ............ ........ ...... ........................ ................ ...................... .... ............ 12 Fun Fest .................................................................................................................................... 12 Park Advertising....................................................................................................................... 12 ADJOURNMENT......................................................................................................................... 12 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP - JULY 23,2009 7 MINUTES 8 9 10 The Andover City Council Workshop was called to order by Mayor Mike Gamache, July 23, 2009, 11 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 12 13 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 14 Councilmember absent: None 15 Also present: City Planner, Courtney Bednarz 16 Director of Public Works/City Engineer, Dave Berkowitz 17 City Administrator, Jim Dickinson 18 Others 19 20 21 DISCUSS RESIDENT REQUEST - RESIDENTIAL PETTING ZOO (AS HOME 22 OCCUPATION) 23 24 Mr. Bednarz explained a resident at 4618 Roanoke Street NW approached staff with interest in 25 operating a therapy program involving children with disabilities and farm animals on this 8 acre 26 property. 27 28 Mayor Gamache asked ifthe house faces toward 165th A venue. Mr. Bednarz stated it is set off 29 away from the County Road but does face it. 30 31 Mayor Gamache asked if the resident had all the animals already. Mr. Bednarz stated she did not 32 but would get smaller animals for the kids. 33 34 Councilmember Bukkila liked the idea of this. 35 36 Mr. Bednarz stated the applicant is allowed to have the animals but as a business the code does 37 not regulate this very well. Councilmember Jacobson noted they allow dog kennels where there 38 could be more dogs than allowed in districts. He asked ifthis would be a business in the winter. 39 Mr. Bednarz indicated it would be run three months out of the year according to the applicant's 40 letter. 41 42 Mr. Bednarz stated if the Council liked the idea they may want to put in some limits and should 43 decide how they would want to regulate this. 44 45 Mayor Gamache stated he would be fine with allowing this type of business on five acres but 46 nothing less. Councilmember Trude stated she would not want to see a lot of buses coming and 47 going with buses parked along the road. Councilmember Jacobson stated they could make it a 48 conditional use where they would need to come in every year for approval. Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 2 1 2 The Council discussed wording to allow one more than five acres, a Conditional Use Permit, and 3 that the business needs to be reviewed annually and indicate hours of operation. 4 5 6 OPEN SPACE COMMISSION UPDATE 7 8 Mr. Bednarz reviewed with the Council the Open Space Commission field trip to Woodland 9 Creek Golf Course in Andover. 10 11 Councilmember Jacobson asked how much Mr. Ron Vanelli wanted for the golf course property. 12 Mr. Bednarz stated he wants $6,000 to $7,000 per acre. 13 14 Councilmember Jacobson asked if this could be used for several purposes ifthe City purchased 15 the property; a passive park, leasing space for gardens for residents along with open space. Mr. 16 Bednarz stated Mr. Vanelli is interested in the City or anyone buying the property. 17 18 Mr. Bednarz indicated the Open Space Commission thought it would be nice to have a trail 19 running through the course. Councilmember Knight stated if they had trails, they would need a 20 parking lot. 21 22 The Council liked the idea of a trail running through the parcel. 23 24 Councilmember Knight asked how the wetland banking works. Mr. Bednarz stated they have to 25 establish the wetland first and the watershed comes out and looks at it to see if it complies. Mr. 26 Berkowitz stated the golf course has a good water source with the creek running through it, 27 making it easier to establish wetland. 28 29 Councilmember Trude thought it would be a nice idea to have a trail easement over the sewer 30 line easement so when they go in with the sewer they could put a trail on top of it. 31 32 33 UPDATE ON IMPLEMENTING SINGLE FAMILY RENTAL LICENSING 34 35 Mr. Bednarz stated staffhas been working to get an accurate list of non-homestead properties in 36 the city. The list is currently showing approximately 716 non-homestead parcels. He stated so 37 far there has been one person who has filed for a license and up to nine others wanting to get one. 38 39 Councilmember Trude asked if the people renting are homeowners who cannot sell or are they 40 investors. Mr. Bednarz stated there is a mix of both. 41 42 Councilmember Knight asked what the City was giving them for information on becoming a 43 landlord. Mr. Bednarz explained what the City had for information for owners. 44 Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 3 1 Mr. Bednarz indicated that next month's update would be a better measure of progress for the 2 program. 3 4 REVISED PUD DISCUSSION - ANDOVER CLOCKTOWER COMMONS 5 6 Mr. Dickinson stated at the July 21 5t Council meeting the Council expressed a desire to review 7 with the developer, the revised PUD application for Andover Clocktower Commons at the July 8 23rd workshop. 9 10 Mr. Dickinson reviewed the supplemental staff report with the Council. 11 12 Councilmember Trude stated at the August City Council meeting the applicant wants the Council 13 to approve a three quarters intersection just east of Hanson Boulevard. She did not think the 14 plans would be needed at that time but she thought they needed to move forward with this. She 15 thought there needed to be an amendment to the PUD for a three quarters intersection 16 approximately 600 feet from the intersection. 17 18 Councilmember Jacobson agreed that everyone wanted a three quarter with a pork chop design 19 and right turn lane. He thought they could resolve the issue of concrete versus painted medians 20 on Crosstown Boulevard. He thought at this point striping would be ok. He also thought the 21 applicant did not want a right turn lane and staff did. He also thought the applicant needed to 22 bend at some point too and that a right turn lane probably is required. 23 24 Mr. Darren Lazan stated they are not opposed to a right turn lane but wanted to discuss the 25 design of the intersection. He stated that staff took the comma on the pork chop median and 26 extended it out and he felt this aggravated the situation and made the turn more dangerous. 27 28 Mr. Berkowitz stated they have looked at the design and considered safety as the main issue and 29 felt the raised pork chop and center median is needed on Crosstown Boulevard from a safety 30 standpoint. 31 32 Mayor Gamache asked with striping would they still have a dedicated left turn lane. Mr. Lazan 33 stated they would. Mayor Gamache asked if they would need to expand the road. Mr. Lazan 34 stated they would not at this time. 35 36 Mayor Gamache asked how they would accomplish the left turn lane without widening the road 37 because Crosstown Boulevard on the east side is not as wide as Crosstown Boulevard in front of 38 City Hall. Mr. Lazan showed on a map how they wanted the intersection to look and the area of 39 the road that would need to be widened. 40 41 Mr. Lazan stated they want to try to phase the intersection in when the improvements are needed. 42 They are willing to stage this as development comes. 43 44 Mr. Berkowitz reviewed the City's plans with the Council explaining that by striping Crosstown Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 4 1 Boulevard it would allow the possibility of a left turn out of the development. The left turning 2 movement is the most dangerous turning movement in a situation like this and that is what a % 3 intersection with medians prevents. 4 5 Councilmember Trude thought when the entire development builds out they could reevaluate the 6 intersection for changes. 7 8 Councilmember Knight stated the speed study changes the dynamics also. Mr. Roberts stated he 9 appreciated the Council asking for a speed study and will help to potentially lower the speed. 10 11 Councilmember Jacobson thought they all agreed with the pork chop in the intersection. The 12 applicant does not want a right turn lane in as shown because it is too long and they do not want 13 the median in the middle of Crosstown. 14 15 Councilmember Jacobson wanted to know why the applicant did not want a right turn lane going 16 into the development. Mr. Lazan stated they are fine with a right turn lane but did not want the 17 right turn lane to be as long as staffwants it to go and there are also issues for them with storm 18 water drainage and spacing. 19 20 Councilmember Trude wondered if there is a way to reduce the right turn lane and use the ditch 21 system until the property across the road sold. Mr. Berkowitz stated minimum turn lane 22 requirements are three hundred feet. He stated the City plan shows the right turn lane at 23 approximately one hundred eighty feet in length. The grade is substantially different between the 24 trail and the road making a ditch difficult to construct. 25 26 Mr. Lazan explained what they would like to do with the turn lane by shortening it and 27 eliminating putting in a curb all the way to Bluebird Street. 28 29 Mr. Berkowitz stated his recommendation is to make the permanent safety improvements now 30 which include a median on Crosstown and a longer right turn lane because the City will own the 31 road and have to maintain it in the future. 32 33 Councilmember Trude thought people will already be slowing down at Bluebird Street for that 34 intersection so she did not think they needed as long a right turn lane as being discussed until 35 future development comes in. 36 37 Mr. Dickinson asked at what point does the City get to channelization on Crosstown Boulevard 38 based on the revised PUD proposal. Mr. Lazan stated it would happen when the Holasek 39 property develops. 40 41 Councilmember Knight stated he is troubled because there is paint striping in many places in the 42 City and other cities without problems. 43 44 Councilmember Jacobson stated he would feel comfortable if the applicant can put in writing that Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 5 1 when they sell either parcel north of Crosstown Boulevard that they will make the needed 2 improvements, including the full right turn lane. 3 4 Mr. Berkowitz stated ifthere is not any hard channelization on Crosstown Boulevard City staff 5 would not support the project 6 7 Mr. Lazan suggested they bring a plan to staff along with suggested language for the PUD to be 8 presented at the August 5th City Council meeting. 9 10 Councilmember Jacobson asked if they are still anticipating making improvements this year if 11 everything is approved. Mr. Lazan thought that could be accomplished, since they have the plans 12 ready. 13 14 15 DISCUSS ASSESSMENT POLICY MANUAL 16 17 Mr. Berkowitz stated the City Council is requested to discuss the current assessment procedures 18 relative to high volume roadways (Municipal State Aid Routes) and direct staff on assessment policy 19 procedure changes. 20 21 Councilmember Jacobson thought the only thing they were going to discuss was how they are going 22 to assess people on MSA roads when there is a high level of traffic. He did not see that in the report 23 and he was thinking maybe the easiest way to determine this was to look at the ADT's and set a 24 certain number. If they go over that number they would qualify. 25 26 Councilmember Trude stated on page 6, IV, under policies related to special assessments, they have 27 comments related to policies, which is where the topic could be put in. She thought they should 28 create a new category "MSA High Volume Streets which have ADT's in excess of (what ever 29 number staff and Council believes is adequate) are viewed as benefiting the community at large, 30 accordingly the City Council may reduce the total amount assessed to abutting properties or reduce 31 the percentage assessed based on (list criteria; volume, role the street serves in the community, etc.)" 32 She thought this would depend on what role the street serves in the City. 33 34 Mr. Berkowitz reviewed the items with the Council. 35 36 The Council discussed how they wanted to assess different areas of the City and different criteria. 37 38 Councilmember Trude thought their policy should include MSA streets, which have ADT' s in excess 39 of 1,500 trips per day. 40 41 Mr. Berkowitz showed a City map with MSA roads on them along with high volume traffic on the 42 roads. 43 44 Councilmember Jacobson thought this should be based on a sliding scale, when the percentage of Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 6 1 vehicles goes up the cost should go down for the residents. 2 3 Councilmember Trude thought the following wording should be added: "In these cases when they 4 have high volume MSA roads assessed costs will generally be divided by the number of lots with 5 non-developed lots generally not being assessed." If they know a development is going through they 6 should assess. 7 8 Mr. Berkowitz needed to know if the Council wanted to leave the policy as is and work on these 9 roads as they come up. Councilmember Jacobson thought they should add something to the policy. 10 11 The revised policy will be brought back for formal approval. 12 13 COUNCIL GOAL DISCUSSION 14 15 Mr. Dickinson stated at the September 16,2008 Council meeting the Council adopted the 2008-2009 16 Council Goals. No priority scoring was done, as it was assumed that staff would work diligently on 17 all the goals. 18 19 Mr. Dickinson reviewed the information with the Council. He wondered if the Council wanted to 20 have a list made up to discuss for next years goals. Councilmember Jacobson thought they should 21 because it helps to keep things going. 22 23 Councilmember Knight thought they should score the items in order of priority and a good exercise 24 to make sure they keep doing what needs to get done. 25 26 Councilmember Jacobson noted they need to make sure the Comprehensive Plan matches their 27 zomng. 28 29 30 2011 - 2015 CAPITAL IMPROVEMENT PLAN DEVELOPMENT PROGRESS REPORT 31 32 Mr. Dickinson stated in early May, AdministrationlFinance held a2010-2014 CIP kick-off meeting 33 with Department Heads where discussion centered on the 2010-2014 CIP development calendars and 34 the need for other committees (Vehicle Purchasing & Facility Management Committees) and 35 commissions (Parks and Recreation & Community Center Advisory) to start their work to meet the 36 deadlines scheduled. 37 38 Councilmember Jacobson stated what concerns him is the years 2011-2013 because they are 39 horrendous dollar amounts and he did not know how they will do this. 40 41 Mr. Dickinson reviewed the plans with the Council. 42 43 Mr. Dickinson stated there is an item in the plan for a tunnel under Crosstown Boulevard with 44 applying for a grant. He wondered if the Council is still interested. Councilmember Knight thought Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 7 1 if they built this there would be more problems than they would want to deal with and did not advise 2 this. Councilmember Bukkila agreed. 3 4 Councilmember Trude asked if the safety concern could be addressed with an underpass or should 5 they look at an overpass. Mr. Berkowitz stated an overpass is not financially feasible and they can 6 address safety concerns. Councilmember Bukkila asked if they were to build the underpass could 7 they get security cameras and sensors. Councilmember Trude wondered if they could gate the 8 underpass after hours at night. 9 10 Mayor Gamache asked if they could get a report from the City of Anoka on any problems they have 11 had with their tunnels. 12 13 Councilmember Knight asked if there was any way to replace vehicles with hybrid vehicles. Mr. 14 Dickinson stated there are areas where hybrid vehicles may work but in area where performance is 15 needed he thought vehicles with diesel engines work best. 16 17 Councilmember Jacobson asked if they are going to raise the SAC rate. Mr. Dickinson stated the 18 sewer rate is good but the water rate is where we struggle with balancing usage rates. 19 20 Councilmember Trude thought they should begin lobbying to repeal the law about getting new voting 21 equipment. Mr. Dickinson stated this is a Federal law and he did not anticipate the City paying the 22 whole $100,000. He stated they tend to follow what the County directs as acceptable equipment. 23 24 25 DISCUSS CHARGING FOR FIRE SERVICES 26 27 Fire Chief Winkel stated the Fire Department staff continues to evaluate appropriate methods or 28 means for collecting revenues and also reducing operational costs. 29 30 Chief Winkel reviewed his staff report with the Council. 31 32 Councilmember Jacobson asked how the billing went with the insurance companies for accidents. 33 Chief Winkel thought it went well and all bills were paid one hundred percent. 34 35 Councilmember Jacobson asked if the reason for the fees is to help the general overall budget and 36 not just the Fire Department. Chief Winkel stated that was correct. 37 38 Councilmember Knight asked how many primary inspections they do a year. Chief Winkel stated 39 they have previously done one hundred in a year and it depends on how complicated they are. 40 41 Councilmember Jacobson asked what they would charge for fees for inspections. Chief Winkel 42 reviewed the fee schedule with the Council. 43 44 Chief Winkel explained they will start to get calls from businesses if they charge for inspections. Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 8 1 2 The Council thought the addition of some fees seemed reasonable. 3 4 Councilmember Bukkila indicated she liked the crash portion but did not like the fee to businesses 5 portion. Councilmember Jacobson stated he would not want to charge businesses or homeowners. 6 7 Chief Winkel reviewed the third proposal with the Council in regard to responding to all emergency 8 medical calls. 9 10 Councilmember Jacobson asked what calls could the Fire Department respond to that the ambulance 11 could not. Chief Winkel explained they would respond to the emergency with the ambulance when 12 warranted. 13 14 Chief Winkel stated the goal is to provide as much communication and updates through the central 15 call center. He added that potentially fatal calls will still get paged like they do now, it will not go to 16 the call center. 17 18 Councilmember Jacobson thought they should start to initiate the fee for car crashes, utility line 19 breakages and inspections. Mayor Gamache stated he did not like this at all because they will get 20 numerous calls like they did previously. He stated he liked reducing calls to a certain degree. He 21 stated they may be saving a few thousand dollars here and there by cutting out service but he 22 wondered if it would be worth it. 23 24 Councilmember Knight stated the only potential money saver would be in item three. Mayor 25 Gamache thought item three would work to a point but they have to seriously look at services people 26 expect and he did not want to cut out those services. 27 28 Councilmember Jacobson thought they should still charge contractors for breaking a gas line. Mayor 29 Gamache agreed but did not want to charge for car crashes. The Council also liked implementing 30 item three. 31 32 Chief Winkel stated they will start evaluating not going to all of the service calls but will not 33 implement it until 2010 if the Council agrees after review of the evaluation. Councilmember 34 Jacobson asked Chief Winkel to keep a log on what they would or would not have done in 35 emergency calls. 36 37 The Council recessed at 8:45 p.m. 38 39 The Council reconvened at 8:50 p.m. 40 41 42 OTHER BUSINESS 43 44 . Hartfiel's Property Donation Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 9 1 Mr. Dickinson stated the owners of the Hartfiel property want to donate the property to the City to 2 maintain. 3 4 Councilmember Jacobson did not think the owners were going to do anything with the property so 5 why should the City maintain it. Mr. Dickinson thought the owners may let this go tax forfeit and 6 the City would probably get it. 7 8 Mr. Berkowitz stated the main clean up would be trash. 9 10 Staff discussed with the Council this property. 11 12 Councilmember Trude stated she liked the comer because it has cattails and other natural growth. 13 She thought this would be a visual property and could be a donation to the Open Space Project. She 14 thought this was a visual park. 15 16 The Council thought staff should look into this. 17 18 . Serendipity Cafe Wine License Request 19 Mr. Dickinson stated Serendipity Cafe is requesting a wine license but they are not 1,000 away from 20 the existing school in the shopping mall. 21 22 Councilmember Knight thought they should change the ordinance because otherwise they will be 23 setting a precedent because they have already enforced this with other businesses. Mayor Gamache 24 stated he would not have a problem with lowering the buffer to 400 feet. 25 26 Councilmember Jacobson asked ifthey changed the ordinance to 400 feet would this be in effect for 27 all districts. Mr. Dickinson stated that was correct. Councilmember Trude stated she would have a 28 problem with changing the ordinance because she would not want liquor establishments that close to 29 a school. Councilmember Knight wondered if they could make an exception for schools in shopping 30 malls because it is not a school building, they are a tenant in a strip mall. 31 32 Mr. Dickinson stated he would check with the School District to see if they would have a problem 33 with this or if they would provide them with a waiver for this and then bring it back to the Council 34 but he wanted to make sure it was ok with the Council first. 35 36 37 2010 BUDGET DEVELOPMENT PROGRESS REPORT 38 39 Mr. Dickinson stated City Departments deadline for submitting 20 I 0 Budget materials was July 2nd. 40 Since that date Finance has been compiling the proposed 2010 expenditure budgets, preparing 2010 41 revenue estimates, preparing 2010 levy calculations and analyzing the 2009 revenue and expenditure 42 estimates. 43 44 Mr. Dickinson reviewed the information with the Council. Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 10 1 2 The Council asked if they could reduce the emergency funds. Mr. Dickinson indicated they could 3 reduce the operational emergency reserves. 4 5 Councilmember Jacobson asked if they were looking at reducing Community Service Officer hours 6 to save some money. 7 8 Mr. Dickinson stated there will be a wage freeze for 2010 and he has had a midyear review on the 9 health insurance plan done and the insurance looks like it will be going up significantly. He stated 10 they will be shopping this around again. Councilmember Jacobson stated if prices keep going up 11 they may need to give each employee a set amount of money to find their own insurance. 12 13 Mr. Dickinson reviewed the insurance information with the Council. 14 15 Mr. Dickinson stated the City Attorney's office will reduce fees by 3% for 2010. 16 17 Councilmember Trude suggested they implement an administrative fee in the City for property 18 violations. 19 20 The Council discussed the possibility of implementing administrative fees in the City. 21 22 Mr. Dickinson stated he will gather more information on this and bring it back for review. 23 24 Mr. Dickinson stated the Sheriffs contract will have a 2.1% increase in 2010. The Council is 25 comfortable with the increase as long as there is no reduction in service. 26 27 Mr. Dickinson reviewed Council Memberships and Donations/Contributions with the Council. 28 Councilmember Jacobson thought Community Schools should have a zero increase. 29 30 Mr. Dickinson reviewed the proposed tax levy information. 31 32 Councilmember Jacobson asked if Mr. Dickinson is suggesting they levy the maximum of 5% or 33 could they get what they need out ofless. Mr. Dickinson stated he was looking at the 3% number in 34 order to not further cut the proposed 2010 budget beyond what has already been done to bring back 35 cut items they would need to levy more then 3 %. 36 37 Councilmember Trude asked if they levied five percent what community services would be brought 38 back. 39 40 Mayor Gamache stated he would like to look at the furlough program and shoot for a 4% levy and 41 remove the furlough program for 2010. He stated he was fme with the layoffs because they needed 42 to do that. 43 44 Councilmember Knight asked if there is room to cut some of the non-personnel costs. Mr. Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 11 1 Dickinson stated they could do this and they continue to challenge their vendors to see what could be 2 done. 3 4 Mr. Dickinson discussed with the Council City additional cuts that could be made if a 0% levy was 5 done. 6 7 Councilmember Knight asked Mr. Dickinson to make a report for the Council in regard to the levy 8 percentages to see where they would end up at. Councilmember Knight stated he would like to see 9 what other cities are doing. 10 11 Councilmember Knight asked Mr. Dickinson to check with other cities to see what they could do 12 together do to cut costs for both cities. Mr. Dickinson stated they have already been doing that. 13 14 Councilmember Knight stated they should develop a volunteer organization and appeal to people 15 who are available to see ifthey can volunteer some time at the Community Center for supervision. 16 17 Mr. Dickinson stated he will continue to work on the budget and try to keep that tax levy as low as 18 possible. They will list things they cut that the Council could bring back, and also suggest further 19 cuts if zero percent levy increase is approved. 20 21 22 OTHER BUSINESS 23 24 Vacant Lots for Sale in Andover - Mowing 25 26 Mr. Dickinson stated the City policy has been to mow the first twenty feet of a yard and leave the rest 27 for residential lots for sale. He wanted to know if the City wanted the entire lots mowed or get on 28 the builder, how stringent should they be on mowing the lots. Councilmember Trude thought on 29 Andover Station North they should mow the lots to keep them up. She thought the Council needed 30 to go out and look at these before they make a decision. 31 32 The Council discussed mowing vacant lots and thought the lots needed to be mowed at least once a 33 year by someone whether it be the City or the developer but should not be mowed all the way down 34 because of the dust that will occur after. 35 36 Mr. Berkowitz asked the Council how they need to follow up on erosion control. He suggested they 37 go out and do it and charge it back to the lot. The Council agreed. 38 39 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 40 adjourned at 10:23 p.m. 41 42 Respectfully submitted, 43 44 Susan Osbeck, Recording Secretary C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ,. CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: August 5, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $90,346.80 on disbursement edit list #1- 3 from 07/23/09 - 07/31/09 have been issued and released. Claims totaling $393,669.70 on disbursement edit list #4 dated 08/05/09 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $484,016.50. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, -J -;)~ Lee Brezinka Attachments: Edit Lists ...... <l) ~ P-< 0 Z -i:l ~ <l) u ~ = ~ i:: "" ~ ~ ::r: ~ ~ ...... 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""" 1;l ~~o S~o 8-50 t::~oo 'Od'Od ;.:s 10\1 ~ p... ~ ....g"g ;:lg"g 3f;:;"g ] o~"g '0'0 '-i-< ~~ ~ Q ~NU ~NU ~-U ooE-<~U E-<E-< g ro U M ~ ~ (J) I ~ ~ ~ 0 0 ~ CflU' 0 U U ~ ........... ~ ;>;> U o 0) C3 .g~ ~ ~ .... l) ;::i~.g~ Z ~~ ;:IN ;:lM ] 8. 0,..., _0 ~;>.. ~'lj: ~'lj: 00 S "","'" t;:1.. ~.. OJ .. ~ .. ~ .. 0 '-" d ~~ .::! Sp... So So S-r-- U U H"~ 0 ~- ~S ~8 ~~~ ~ 0 ~ .8 > ~ 8 ~ ;>. ~ ;>.. ~ ;; ~ I ~U ~~ ~ >~ >~ >~ >~~ ~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~ CC: Jim Dickinson, City Administrator .' FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Award Bid/09-11/Water Treatment Plant Building Expansion (Supplemental) - Engineering DATE: August 5, 2009 INTRODUCTION The bid opening for the Water Treatment Plant Building Expansion to enclose the plate settlers is being held on August 3,2009. The bid results will be provided at the Council meeting. Respectfully submitted, c;)~Q ( David D. Berkowitz . 5'\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator rks/City Engineer j)l>,..?> David D. Berkowitz, Director of Public FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve/Acknowledge Letter Regarding LRRWMO/CCWD Boundary Changes/09-28 - Engineering DATE: August 5, 2009 INTRODUCTION This item is in regards to approving a letter acknowledging the proposed changes that need to be made for the boundary between the Lower Rum River WMO and the Coon Creek Watershed District. DISCUSSION Attached is a letter from the Coon Creek Watershed District with the request and pages 1-3 of the summary for your review. The boundary is being changed based on land that has been found to be clearly outside the Coon Creek Watershed District that drains to the Lower Rum River WMO boundaries. There also is land that has been found to be outside the Lower Rum River WMO that should be in the Coon Creek Watershed District. The attached Page 3 of the summary identifies the proposed CCWD legal and Hydrologic boundary. The Lower Rum River WMO will be approving a letter acknowledging the proposed changes at their next meeting of August 20th. ACTION REQUESTED The City Council is requested to approve the "Statement of Concurrence" as required under M.S. 103B215. Respectfully submitted, T~.('4-- ./ .../ Attachments: Letter dated July14, 2009 from CCWD; Pages 1-3 of the Summary me e N C' E E K W ATE . SHE D D 1ST. leT 12301 Central Avenue Northeast. Suite 100. Blaine. Minnesota 55434 July 14, 2009 ,- Jim Dickinson, City Administrator City of Andover 1685 Crosstown BId Andover, J\1N 55304 RE: Request for Statement of Concurrence on Proposed Boundary Change between Coon Creek Watershed District and Lower Rum River Watershed Management Organization in the City of Andover. We are requesting a "Statement Of Concurrence" from the City of Andover as required under M.S. 103B.215 to be submitted with the petition for boundary change. Attached is a copy of a DRAFT petition to the Board of Water and Soil Resources (BWSR) under M.S. 103B.215. The reason for the proposed boundary change is to achieve a more accurate alignment between the hydrologic and legal boundaries of the two Watershed Management Organizations (WMOs). The Coon Creek Watershed District (CCWD) Board of Managers hopes to address the final petition at its July 13,2009 meeting. We are requesting your response bv Wednesday AU2ust 14.2009. If you have questions or concerns please call me at 763-755-0975. CC: D. Berkowitz, Andover T. Haas, Andover M. Lewis, BWSR T. Germundson, BWSR J. Raymond, Anoka County Printed on recycled poper STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES PETITION OF COON CREEK WATERSHED DISTRICT FOR AN ORDER CHANGING ITS BOUNDARY BETWEEN THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION AND THE COON CREEK WATERSHED DISTRICT Summary and Request The Coon Creek Watershed District is petitioning the Minnesota Board of Water and Soil Resources to change the Boundary between the Lower Rum River Watershed Management Organization and the Coon Creek Watershed District in Sections 12, 13, 14, 15, 16, 17,21,29,32 of Andover, Minnesota. The reason for the requested boundary change is to achieve a more accurate alignment between the hydrologic and legal boundaries of the two WMOs. This will be accomplished by: 1. Transferring 365 acres currently within the Coon Creek Watershed District legal boundaries to the Lower Rum River Watershed Management Organization 2. Transferring 8.2 acres currently within the Lower Rum River Watershed Management Organization legal boundaries to the Coon Creek Watershed District. Pa2e Location 2 Background and Record of Actions 2 Watershed Boundary Change Process under M.S. 103B.215 Authorization 4 Petition 4 Description of Boundary Change 5 Description of Affected Area 6 . Legal Consistency 11 Properties Involved 12 Requests for Statements of Concurrence 15 1 7/14/2009 Location The watershed boundary between Coon Creek watershed and the watershed of the lower rum river WMO within the City of Andover is approximately 9.5 miles long. The map below shows the locations of the two WMOs and the City of Andover relative to Anoka County. Background and Record of Actions Between 1978 and 2003, the Coon Creek Watershed District reviewed several development plans adjacent to the District boundary with Lower Rum River Watershed Management Organization in Andover. During the permit review process it became apparent that boundary adjustments were necessary to more accurately describe the hydrologic boundary between the districts. In 2008 the City of Andover requested that Coon Creek Watershed District evaluate the boundary between the District and Lower Rum River WMO within the City. On April 27, 2009 the Board of Managers of the Coon Creek Watershed District affirmed amending the boundary through the 103B.215 process. May 27,2009 the Board of Managers forwarded the parcels involved to Anoka County Property Tax and Records for technical review. Anoka County responded June 4, 2009 June 22,2009 the Board of Managers requested "Letters of Concurrence" from the City of Andover and the Lower Rum River Watershed Management Organization. 2 7/14/2009 , __....l 0 OJ~ 0$ 1 "'n -,'....<..';),'}:,..".,'"',.,,' '."'" ~ "".".~,':' Icc-I CCWD Le al + g and Hydrologic boundary . " , -, ~Ej Coon Creek WO GIS June"~ ., Sout""ces: CC'YD - _009 Legend ':fC:OOlfeJSEE'WA DaWMlI.tf - CCWD H nl)~~~a:~7=~ Cl . - ydro_Boundary lUat1C.U$llR~" Existi L im.........! ng egal Boundary ,--,.......J Parcels 3 7/14/2009 C I T Y 0 F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director ofPubh SUBJECT: Order Amended Assessment RolI/08-36/Cardinal Ridge 2nd Addition (Putnam Property) - Engineering DATE: August 5, 2009 INTRODUCTION The City Council is requested to order the amended assessment roll for Cardinal Ridge 2nd Addition (formally the Putnam Property), Project 08-36. DISCUSSION As part of a three development project Cardinal Ridge, Woodland Crossings and Shaw's Glen, the Putnam property was developed around on the east, west and south side respectively. An assessment for the Putnam property was deferred with stipulations. The Putnam property has been purchased and is currently in the development phase as Cardinal Ridge 2nd Addition. A stipulation in the deferred assessment requires the assessments to become active and the cost be adjusted by the current fee schedule and ENR Index. Refer to the attached deferred assessment sheet for details. Also attached is the amended assessment worksheet that identifies the previous assessment and the amended assessment. The amended assessment roll which is based on 14 lots will be brought back to the August 18, 2009 City Council meeting for approval. ACTION REQUIRED The City Council is requested to order the amended assessment roll for Cardinal Ridge 2nd Addition, Project 08-36. Respectfully submitted, Q~~ David D. Berkowitz /" Attachments: ~OIUtio(putnam Deferred Assessment Sheet & Amended Assessment orksheet cc: Ben Minks, Minks Land Development, LLC, 14015 Sunfish Lake Blvd. NW, Suite 400, Ramsey, MN 55303 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF AN AMENDED ASSESSMENT ROLL FOR PROJECT 08-36, CARDINAL RIDGE 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 50.298.74 so that the total cost of the improvement will be $367.790.79 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $367 , 790. 79 2. Assessments shall be payable in equal annual installments extending over a period of JL years. The first of the installments to be payable on or before the 1 st Monday in January 2010 , and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 5th day of Auqust ,2009, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk :lJ- I ~ ~ ~ ~1 2' ii:l- . jj 8 ~, i~ > ! 81_ - ~ C N!I! ~ ~ ~_ Hi ii a. 11.11 OJ! j ~ '0 sl-a :1:rn N ~ ~18 i ~ 0 .!! -'11.1 ~~ ;I C E~ .. ~ . is..2 1I,g ~ '5 i i u... J! I' 0 8 u~~ :. 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City Engineer SUBJECT: Award Quote/09-07, 2009 Trail Maintenance & 09-24,2009 Parking Lot Maintenance - Engineering DATE: August 5, 2009 INTRODUCTION This item is in regard to quotes for Project 09-07, 2009 Trail Maintenance & 09-24, 2009 Parking Lot Maintenance. DISCUSSION Quotes were received on July 30, 2009 at 10:00 a.m. Based upon receipt of favorable quotes, staff is recommending awarding the Base Quote and Alternates D, E and F. Alternate F is for Project 09-24, 2009 Parking Lot Maintenance. The remainder of the quote is for Project 09-07, 2009 Trail Maintenance. Quotes received are as follows: *** Project 09-24,2009 Parking Lot Maintenance BUDGET IMPACT Both of these projects are identified in the 2009-2013 Capital Improvement Plan. The 2009 Trail Maintenance quote (including alternates) is $38,051.15 ($53,000 identified in CIP). The 2009 Parking Lot Maintenance quote is $5,365.00 ($22,000 identified in CIP). ACTION REQUIRED The City Council is requested to approve quotes and award the Base Quote and Alternates D, E and F .. to Asphalt Contractors, Inc (ACI) in the amount of$43,416.15 for Projects 09-07, 2009 Trail Maintenance & 09-24, 2009 Parking Lot Maintenance. Respectfully submitted, 8--J~ Jason J. Law Attachments: Quote Tabulation / ~~~ ~~~ ~~~ ~~~ ~~~:il ~~:: ~~~~ ~ 5 ~_~~ S g~~ S ~~_~ 11 ~~~ S ~a s ~~ i~!~.S ~~~S ~ ~ N::~ ~ T'"'r' {:. 0)(0 {:. (Dr-- {! ~ 1OLt) ~!fIJ~~ fh fhZ; ~ ~ fhfh~ fi fhfhfh ~ fhfh~ ~ fhfhfh fi -- fi fh~ ~ ~-ON ~-ON ~1--0N ~-ON ~I--C\l ~~In {!!. ~~ ~~ ~~ ~~ ~~ ~~ g~ ~~ ~~ ~ ~~ ~ g ~~ ~ ~~ 0) ~~ ~ ~~ ~ ~~ ~~ ~ ~5 fhfi ~5 ._~_ ~5 fhfh ~5 .^._ ~5 fh ~5 ,_ ~ m Q1............ m OJ ............ m m...... m ~~~ g~::l :g~m ~~~ (OfD gg ~~$~ ~~~~ 11 ci..j.'; idcri . 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W ~ E ~ N _.. ~ E ~ - CD E en 11l t/J ~ - - - - E - - - - <( g'[ ~ 'fi: ~~ 'filA ~~ ti~ ~~ ~ 'fi~ ~~ '5: ~ ~~ ~ ~~ e =~~.g~ :$.g.g.g~ b 00.. m 0 ~z t/J ~z 0 ~z ~ t/J ....z t/J ~ t/J ~ Z~ m m~~....~ ~~rr"" ~ (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Dan Winkel, Fire Chief )). W. SUBJECT: Accept Bids and Approve Contract to Manufacture New Fire Department Pumper DATE: August 4, 2009 INTRODUCTION As approved by the Mayor and City Council at the March 4, 2009 City Council meeting the fire department has advertised and received sealed bids for a new fire department pumper truck. DISCUSSION The new pumper truck is a scheduled replacement for the existing first response pumper at fire station # 1. The current pumper was originally purchased in 1990/1991 and has served as the first responding pumper out of station #1 since that time. The advertisement for sealed bids was placed in the Anoka County Union for three weeks with the sealed bids received no later than July 16, 2009. The Chief and fire department truck committee worked very hard to ensure that the bids received complied with the specifications advertised. In addition, the vehicle maintenance supervisor also spent time reviewing the specifications as well as the bids received. He has contacted many of the truck providers that he has done business with in the past to make sure that the equipment listed in the specifications was appropriate and adhered to as part of the bidding process. Three sealed bids were received for this new pumper truck from the following truck manufacturers: Pierce Manufacturing Inc. / Clarey's Safety Equipment $ 429,478.00 Rosenbauer International! General Safety Equipment $ 417,612.00 E-One/ Fire Safety U.S.A. $ 413,000.00 BUDGET IMP ACT The funding for this vehicle will come from a combination of Equipment Bonds and Capitol Equipment Reserves as listed in the Capitol Equipment Program. The budgeted amount for the scheduled replacement is $450,000.00. RECOMMENDATION After careful review and comparisons of the bids received it has been determined that Pierce Manufacturing has met or exceeded all of the specifications as listed in the bid package. The bids from General Safety Equipment and Fire Safety USA did not meet all of the listed specifications. Both of these manufacturers had different chassis and body styles in addition to a number of mechanical differences in the construction of t)1e specified vehicle. Staff is requesting Mayor and City Council approval to accept the bids and authorize signing a contract with Pierce Manufacturing for the construction of a new fire department pumper truck. In addition, staff is recommending that the City of Andover pre pay for the chassis which qualifies the City for a $7,041.00 discount from the total price. The chassis discount price is $234,716.00 and must be paid 90 days prior to the apparatus completion. The fire department is also requesting that up to $15,000 of the budgeted balance be used to purchase some of the miscellaneous equipment needed for the new truck and is requesting Mayor and City Council approval. Staff will be able to transfer some equipment from the current reserve pumper but will also need to purchase additional new equipment. Respectfully submitted, >>~ <<2 Dan Winkel ~NDbVE~ (f) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 . 'FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Dental Renewal and Employer Contribution DATE: August 05, 2009 INTRODUCTION The current City of Andover sponsored employee dental policy contract term expires August 31, 2009. The Human Resources Department has worked with the City's broker Johnson McCann to seek either a contract renewal with the current providers or marketing to other insurance providers to provide a quality, yet affordable employee dehtal insurance plan. The resulting recommendation is provided below. DISCUSSION The employee dental plan proposed is with Delta Dental designed to offer comprehensive benefits within a competitive cost framework. Renewal rates are as listed: . Current Renewal Rate Rate (4 % increase) Single $35.70 $37.15 Single + 1 $76.30 $79.35 Family $108.55 $112.90 Based on the renewal, Human Resources is recommending that the City Council continue covering 100% of a single dental premium and increase the City's contribution to $38.00 per month employer contribution to a family premium. BUDGET IMPACT The proposed mid year 2009 employer contribution increases, based on current group make up would yield an $240.00 increase in costs through December 31, 2009. The funding for the increase would be provided for by 2009 contingency budgets. Appropriate modifications for the increased contributions will be factored into the proposed 2010 budget. ACTION REQUIRED The Andover City Council is requested to approve the Delta Dental insurance proposal. The Council is requested to approve the employer contribution increase by covering 100% of a single dental premium and increase the City's contribution to $38.00 per month employer contribution to a family premium. Respectfully submitted, ~ Dana Peitso @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . W,CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director wJ- FROM: Courtney Bednarz, City Planne~ SUBJECT: Public Hearing/Consider Amendment to City Code 12-7-3/Fence Height - Planning DATE: August 5, 2009 INTRODUCTION The Planning Commission recently reviewed a request to review the maximum fence height in side yards. DISCUSSION The current code allows a maximum height of six feet behind the principal structure (home) and a maximum height of four feet in front and side yards. The resident requesting a review of the side yard fence limitations lives on the comer of Crosstown Boulevard and Xeon St NW as shown on the attached drawing. Their concerns are described in the attached letter. Fence Ordinance History The fence ordinance was revised with the Zoning Code Update in 2005. These changes are shown in the attached 2005 Fence Height Changes. Prior to the update fences were allowed in all portions of a yard with the following limitations: . A maximum of four feet in height in the front yard (except ornamental fences on rural lots ) . Fences greater than six feet in height were required to meet building setbacks. With the 2005 update, the height limitation of four feet was expanded to include not only front yards, but side yards as well. There was no direct discussion by the Commission or Council on these changes. Two possible reasons why this change was made are: 1. Aesthetics. By limiting the fence height in side yards, the house remains the dominant feature on the lot as viewed from the side street on comer lots and from down the street on interior lots. 2. Additional traffic visibility at intersections with comer lots. Even though front yard setbacks are typically 35 feet or greater and additional boulevard area exists between the street and the property lines, limiting fence height in side yards on comer lots ~as thought to provide additional traffic visibility. As regards traffic visibility, it should be noted that the fence ordinance also prohibits fences within a clear view triangle (a triangle with two sides at 15 feet in length beginning at the intersection). Other Cities A survey of other cities is attached with highlighted sections that apply to this discussion. Although each is slightly different, all allow fences up to six feet in side yards. Additional Information The complete fence regulations are attached. These regulations use the terms rear yard and side yard to help define the location and height of fences. These terms are defined in a different area of the City Code as follows: YARD, REAR: The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line extending the full width of the lot. YARD, SIDE: The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. YARD, FRONT: The yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to the depth required in the setback regulations for the zoning district in which such lot is located. Procedural Information The Council is asked to hold the public hearing due to the fact that this item has already been reviewed by the Planning Commission and that group now meets once a month or less if there are not sufficient items to fill an agenda. Planning Commission Recommendation The Commission recommended in favor of the proposed change in fence height. The minutes from this meeting are attached. ACTION REQUESTED The Council is asked to hold a public hearing and to approve or deny the proposed amendment to the City Code. Attachments Proposed Ordinance Amendment Resident letter & site drawing Aerial photo Survey of other cities 2005 fence height changes Current fence regulations Planning Commission Minutes *~ e arz Aaron larson 15434 Xeon St NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - AN ORDINANCE AMENDING CITY CODE TO CHANGE FENCE HEIGHT REQUIREMENTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 7: FENCES AND WALLS SECTION 12-7-3: FENCE HEIGHT A. In the side and rear yards rear and side yards up to the front fa9ade of the, behind the principal structure, fences up to a height of six (6) feet are allowed. B. Fences located in front of closer to the front property line than the principal structure, or in side yards adjacent to the street on corner lots, shall not exceed four (4) feet in height. In the R-1 Single- Family Rural Residential and R-2 Single-Family Estate zoning districts, "ornamental fences", as defined in Section 12-2-2 ofthis title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12-2-2 of this code. Adopted by the City Council of the City of Andover on this _ day of ,2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk 3' - - Aaron and Andrea Jarson RECEIVED 15434 Xeon Street Northwest Andover. MN 55304 June 18. 2009 JUN 1 9 2009 Andover City Council CITY OF ANDOVER Andover Planning Commission Andover City Hall 1685 Crosstown Boulevard Northwest Andover. MN 55304 Members of City Council and the Planning Commission: We are residents of Andover. and are writing to express our concern about existing City Code section 12-7-3. Section 12-7-3 limits the height offences "in side yards adjacent to the street on comer lots" to a height of 4 feet. While we understand the section and we believe we understand the original intent, we feel that our yard presents a somewhat unique situation. We do not reside on a typical comer lot. We live on the NW comer of the intersection ofXeon Street NW and Crosstown Blvd NW. There is a paved bike path and a (approximately) 20 foot ditch between our lot line and Crosstown Boulevard. The comer of the proposed fence closest to the intersection is approximately 49 feet from the edge of Crosstown Boulevard and 54 feet from the edge of Xeon Street, and would also be completely out of the clear sight triangle. We purchased this property in 2006 with the intent of raising our family here. We have always planned to erect a fence around our property to shield our yard, both for privacy, and to protect our young children and property from the adverse effects of the extremely busy intersection. We have been looking forward to a fence providing a defInite sense of home to our backyard that we just don't have right now. We want to exclude as little of our yard from being fenced in as possible. Stopping the fence at the rear of the house would mean that we would have substantially less yard that we would deem "useable". A transition to a four foot tall fence at the rear of the house would allow anyone using the bike path a clear view into our lower level window, as well as a clear view into the rear yard where we plan on storing our pop up camper, and decreasing our privacy, where a six foot tall fence would prevent that. We regularly have to pick up debris that has blown across the highway and frequently we have to pick up trash and beer bottles/cans that have been dumped in the treed area in the SW comer of our lot. We also hope that by having a six foot tall fence it will decrease the amount of garbage placed onto our property. -'1- 'PRovEn ST df+.!1PED ~1!~~vr:y - F-. ~-- .."" ( \.", ,.. .;)'1011 L.. ~ UST BE ON j()P SITE , I ,^,,~:;l I. )R FOOTiNG iNSPECTiON. ~ ~. 2.: M(i}f:'j\~ 16" @\ .' . ("'- r- . ~.i;. '!'n " J ;;:;:T GR~\";t: ,~ft~ t.......- . 8 ?c.FCENT '-J ""0 ~ F"~ ~ ~~.,f) ~ I c,-' "\ ~ ~,'t- ~ ~~-- -- ...".. 0' _- """, ,- "'.Ut 10 f ~.>)~ I I I f J~ -.; t~ ..... .....:. . . '~'-- . f~ .~ , .0' Q) I~ .'0 0 0 . ::J to 19 'lp3.1.') en - , I~ .,. 16l.tI) t~ I~ 0:::: \ '0 '; \~ 'f \ J1'~ I \ t -I . \ I /.~~ ~~. I f N,# / ~ ,," .".r-().)~ ~O ...0- -QY #. ~' ~O ~ Oc;>tfJ C~-.6- ; ,. . r . . !iil 1;~ "'.\1. y~ '~ '"", *" ~.. .~ ~ Ai) ." 1 .. .... ..... ", '?~ ~t ~. ')r. -i; "':;;>. -;j, ~ Survey of Other Cities (1 of 2) Champlin (1 ) Fences and walls in front yard. In any residential district on any corner lot, no fence or accessory structure or planting shall rise over three feet in height above the level of the public street within 20 feet of any street corner, so as to interfere with traffic visibility across the corner. No fence or wall or shrub planting of more than three feet in height above the level of the public street shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visibility from a driveway. See section 126-382(d). (2) Fences in side and rear yard. No fence or wall, other than a retaining wall, along a sideline of a lot in a residential district, shall be higher than six feet unless any part above such a height has at least 50 percent of the surface uniformly open and unobstructed or unless the adjoining lot is not in a residential district. (8) Special purpose fences. Fences for special purposes and fences differing in construction, height or len~th may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, Coon Rapids (4) Height Maximums. (a) Front Yard Setback: Four feet, except as provided in subsection (4)(f). (b) Street Side Yard, Single Family or Two-Family Residential Uses: Four feet; provided, if the front of the house faces the front yard, six feet between the rear lot line and the front of the house. (c) Interior Side Yard: Six feet. (d) Rear Yard: Six feet. (e) Side and Rear Yards where a Residential District abuts a Commercial, Industrial, or Office District: Eight feet. (f) Front or Street Side Yard, Commercial, Industrial or Office Districts: Four feet, except in an approved site plan. Uno Lakes 6. Residential District Fences or Walls. All residential district fences or walls shall be placed within the property a. Fences or walls may be located in any yard up to a height of four (4) feet. b. Except as prohibited by Subd. 4.R.6.c below, a fence or wall up to six (6) feet high may be erected from a line extended from the front facade of the principal building to the side lot lines, and then along the side lot lines c. Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear or side lot equal to the required front yard setback of the abutting lot shall not be fenced or walled to a height of more than four (4) feet. For the purpose of this section, the front and side yards of the abutting lot shall be as d. Residential Fences or Walls Height Exceptions. 1) Fences for sport courts may be up to twelve (12) feet in height with ten (10) foot setback. 2) Residential boundary line fences or walls may be erected to a height of eight (8) feet along a property line abutting a commercial, industrial, or semi-public use or zoning district. -~ Survey of Other Cities (2 of 2) Blaine (f) In all single and two-family residential districts, fences, except as allowed for Special Purpose Fences, shall have the following setbacks and height limitations: (Amended 9-4-97. Ord. 97-1672. Amended 08/07/08. Ord. 08-' (1) Front yard - Maximum height of four (4) feet above ground level in front of the front face of the residential (2) Front corner sideyard - (a) Maximum height of four (4) feet above ground level when placed at the property line. (b) Maximum height of six (6) feet above ground level when placed with a minimum setback of one (1) f ot. (3) Sideyard along interior lot line(s) - Maximum height of six (6) feet above ground level. (4) Rear yard - (a) Maximum height of six (6) feet above ground level for fences along rear yards not adjacent or fronting on (b) Fences adjacent or fronting on public right-of-way shall have a maximum height of four (4) feet above (c) Fences adjacent or fronting on public right-of-way that are placed with a minimum setback of one (1) foot shall have a maximum height of six (6) feet above ground level. (5) The required front yard of a corner lot shall not contain any fence which may cause danger to traffic on a street or public road, by obscuring the view. On corner lots, no fence shall be permitted within the intersection (h) Special Purpose Fences: (1) Fences for special purpose and fences differing in construction, heights, or location, may be permitted in any commercial or industrial district in the city, only by issuance of a conditional use permit approved by the City Council after a recommendation by the Planning Commission, and upon evidence that such special purpose (2) Residential fences, higher than 6 (six) feet and up to 10 (ten) feet in height, built for screening and noise attenuation, that are placed on private property adjacent to county, state or federally designated roadways, shall be allowed in the rear and corner side yards, only by issuance of a conditional use permit. (Added 08/07/07. (3) The approval of special purpose fences may include stipulations as to the material, height, construction detail, or location of such special purpose fences. (Amended 08/07/08. Ord. 08-2164) Maple Grove (c) Residential districts. In all parts of the city zoned residential and not a farm, one or more fences no more than six feet in height may be erected or maintained on a lot subject to the following: (1 ) No fence on a corner lot shall be erected within the triangular area described in section 36-818. (2) No fence may extend closer to the street than the front yard setback line, except as follows: a. Decorative fencing is allowed in the required front yard if no higher than 3 1/2 feet and not designed or serving as an enclosure. Decorative fencing includes such things as split rail, picket, and brick b. A fence may be placed in the front yard of a corner lot which abuts an arterial street, but not within the triangular area described in section 36-818. c. A fence may be erected along any portion of a side lot line which also serves as the rear lot line of a (e) Special purpose fences. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, -1-' -----.. ...--......-..- -z.t'.:Je)~ nNee I/~/"",-r c,.ArJt..S << . wetlands. Fences shall not be placed in easements that provide vehicle access for the maintenance of drainaee. pondine. or wetland areas. 4. No fence shall be constructed so as to enclose. hinder. or restrict access to utilitv boxes. fire hvdrants. or anv other above f!round utilities. 5. Fences on comer lots shall not encroach UDon the Clear View Trianele as defined in 12-2-2 of this code. R Anv fence placed in violation of this section shall be the liabilitv of the propertv owner who constructed it. The Citv. or any other aeencv havine authoritv to work in a rieht-of-wav or easement area. shall not be liable for repair or replacement of such fences in the event they are moved. damaeed. or destroyed bv virtue of the lawful use of that area. Anv damaee caused bv the illeeal placement of a fence shall be the responsibilitv of the propertv owner who constructed it. 12-7-3: RECUL}ATIONS RELA...TED TO FENCE HEIGHT }.....~ VIEW OBSTRUCTIONS: A. L^~)' fenee, hedge, or '.vall in excess of sHe feet (e') in height shall meet the minimwn required building setback for the Z.ofli:B.g e1iGtrict in whiek it is Ioeated and --" shaY Bet create a traffic ~. In the side and rear yards. behind the principal structure. fences up to a heieht of six (6) feet are allowed. B. My feaee, hedge, wall, or similar barrier leeated Hi the minimUffl requifed front yard sotbaelc shall not be over [.our feet (1 ') in height or sasUuct yisioB aBd thereby create a traffic hazard, except for the f-ollovJifl:g: "amamental fenees", as defined in section 122 1 of this title, in R I single family ramI residential ami. R 2 sffigle family estate z~ distriets, provided the feft6e eonforms ':lith traffie visibility reqillrements and is OOt greater than six feet (6') in height. Fences located in front ~ of the principal structure. or in side yards adiacent to the street on corner lots. shall not exceed four (4) feet in heieht. In the R-l Single-Family Rural Residential and R-2 Single-Family Estate zoning districts, "ornamental fences", as defined in section l2-2-El- of this title, of UP to six (6) feet in heieht are permitted, provided the fence eom-orms to traffic;} 'lisibility rt}q1li:remefJ.ts does not encroach upon the Clear View Trianele as defined in section .12-2-2 of this code. and is Rot greater than six feet (6') in height, 12-7-4: MAINTENf.....l\lCE f~1\ffi REPAIR PERFORMANCE STANDARDS: MY fEmee, hedge, wall, or similar barrier whieh is Bet prClflerly maiBtamed so as to ereate an eyesore or nmsanee shall be IefB<Plea sr repaired to an origixlal condition by the o'.vner upon action by the eity COl:1flcil. -/6.- CHAPTER 7 FENCES AND WALLS SECTION: 12-7-1: Permitted Use 12-7-2: Locations 12-7-3: Fence Height 12-7-4: Performance Standards 12-7-5: Barbed Wire and Electric Fences 12-7-6: Exemptions From Provisions 12-7-1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. A permit is required for the construction of all fences or walls that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1-7-3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12-7-2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right-of-way. 2. Fences shall not be placed in any utility easement where any under ground utility is present. Fences may be placed within other utility easements so long as they do not interfere in any way with existing under ground or above ground utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher State One Call. ," /1- 3. Fences shall not be constructed or placed in such a manner so as to obstruct the flow of water to or through drainage areas, ponds, or wetlands, Fences shall not be placed in easements that provide vehicle access for the maintenance of drainage, ponding, or wetland areas. 4. No fence shall be constructed so as to enclose, hinder, or restrict access to utility boxes, fire hydrants, or any other above ground utilities. 5. Fences on corner lots shall not encroach upon the Clear View Triangle as defined in Section 12-2-2 of this code. B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right-of-way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12-7-3: FENCE HEIGHT: A. In the side and rear yards, behind the principal structure, fences up to a height of six (6) feet are allowed. B. Fences located in front of the principal structure, or in side yards adjacent to the street on corner lots, shall not exceed four (4) feet in height. In the R-1 Single-Family Rural Residential and R-2 Single-Family Estate zoning districts, "ornamental fences", as defined in Section 12-2-2 of this title, of up to six (6) feet in height are permitted, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12-2-2 of this code. 12-7-4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting or metal sheeting shall be used for any fence construction. No fence may have boards, planks, or panels larger than twelve (12) inches in width. oJ 12. - Chain-link fences shall be constructed in such a manner that the barbed end is at the bottom of the fence. Silt fences shall only be allowed on construction sites or where deemed necessary to prevent soil erosion. Snow fences shall only be allowed between November 1st and April 15th. B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same . quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty-five percent (25%) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. (Amend. 12/6/05, Ord.317) Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 12-7-5: BARBED WIRE AND ELECTRIC FENCES: A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by Conditional Use Permit in industrial or business districts. B. Barbed wire and electrical fences shall not be permitted on residential lots of less than two and one half (2.5) acres. 12-7-6: EXEMPTIONS FROM PROVISIONS: Fences that are for the sole purpose of containing farm animals are not subject to the provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code; amd. Ord. 314, 10-4-2005) -lJ- Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 2009 Page 7 OTHER BUSINESS. a. Fence Height Discussion Mr. Bednarz explained staff received a request to review the maximum fence height in side yards. Mr. Bednarz reviewed the resident request to allow a six foot tall fence in the side yard of a comer lot. He added that the Engineering staff did not have a concern about traffic visibility and other cities that were surveyed allow a six foot fence in side yards on comer lots. Chairperson Daninger noted a letter from Aaron and Andrea Jarson regarding this item. Commissioner Cleveland asked if they are doing this item this way instead of a variance because there is not really a hardship here so they are looking for a code change rather than a variance from current code. Mr. Bednarz indicated that was correct because this situation probably exists on perhaps seventy to one hundred lots in the City. Commissioner Cleveland asked if the fences to the west were six foot fences. Someone in the audience indicated they were. Commissioner Kirchoff stated his only concern would be the site line triangle and thought it has been met with this site. He stated as long as the site line triangle and safety issues are addressed he supports a six foot fence to the front of the home. Commissioner Walton thought what made this unique is that there is a trail there which sets the house and fence in off the comer a little bit more than what they might find with the other lots. Commissioner Falk asked how far away from the trail did a fence need to be. Mr. Bednarz stated the fence needs to be on private property and generally trails are at least one foot into the right-of-way. .)is Chairperson Daninger noted the Commission was in agreement with staff to bring this to *, the City Council for recommendation of change. b. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Falk, to adjourn the meeting at 8:21 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. -Iii/::- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . W~.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director w~ SUBJECT: Consider Revised Planned Unit Development! Andover Clocktower CommonslNE Comer of Hanson and Crosstown Blvds NW-Planning DATE: August 5, 2009 INTRODUCTION This item was intended to continue the discussion of a % direct access to Crosstown Boulevard NW for the Andover Clocktower Commons development and approve the Revised Planned Unit Development. At the July 23rd Council Work Session, the Council discussed staging improvements to the intersection as development occurs on the surrounding properties. It was determined that the applicant would provide a plan set to be reviewed by staff in preparation for this meeting. At this point in time the plan would be considered incomplete and not in sufficient detail to approve of an amendment to the approved planned unit development. The City Administrator met with the applicant and explained the situation and he has agreed to a time extension until August 18,2009 (see attached email from Darren Lazan). ACTION REQUESTED The Council is requested to continue the item to the August 18, 2009 in order for the additional details and review of the commercial site plan application to be completed. Respectfully submitted, ~ Will Neumeister Attachment Email from Darren Lazan Cc: Tom Roberts C/o BDT Land, LLC 6484 Pinnacle Drive, Eden Prairie, MN 55346 Darren Lazan, C/o Landform, 105 South 5th Avenue (Suite 513), Minneapolis, MN 55401 Jame Oickin on From: Darren B. Lazan [darren.lazan@landformmsp,com] Sent: Thursday, July 30120095:13 PM To: James Dickinson Subject: PUD Amendment <I We are in receipt of staff's comments on our concept plan submitted earlier this week1 and will need additional time to address their concerns, as well as the level of documentation they are requesting, We will also try to meet with the watershed as requested by staff, We understand this will require an extension of the statutory limit on the review of our application and accordingly we agree. We respectfully request to be placed on the agenda for the August 18th City Council Meeting. We appreciate your consideration on this item, and look forward to working with staff to resolve this item. Sincerely, Darren B. Lazan, RLA LANDFORM, Owner / Principal Tel: 612-638-0250 . . . . L A N D F 0 R M From Site 10 Finl1,n . . .. . 105 South Fifth Avenue Tel: 612 - 252 - 9070 Suite 513 Fax: 612 - 252 - 9077 Minneapolis, MN 55401 Web: www.landform,net <http://www,landform,neU> ,<S< Member NOTICE: All drawings, specifications, instruments of service, and other documents, data, or information of any kind, including all electronic files and data ("Documents") attached to or "linked" from this E-mail are protected by copyright pursuant to U.S. and international copyright laws. Your use of the Documents is controlled and restricted by the terms of use <htto:/lwww.landform.netlhtmllDisclaimer.odf> . By downioading the attached files or by accessing the links contained in this E-mail message, you are agreeing to the terms of use <htto:/Iwww.landform.netlhtmllDisclaimer.odf> . COPYRIGHT@ 1994-2008 LANDFORM. ALL RIGHTS RESERVED. NOTICE: Indicated professional registrations are for the state in which the office is located; to obtain information about other state iicenses, please contact Human Resources at 612.252.9070. No virus found in this incoming message. Checked by AVG - www.aVQ,com Version: 8,5,392/ Virus Database: 270.13.36/2272 - Release Date: 07/30/0905:58:00 1 C I T Y o F CID NDOVE 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WW I.ANDOVER,MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator orks/City Engineer -x:;:i3 David D. Berkowitz, Director of Pub 1 FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Discuss Sophie's Park/Grading & Mowing - Engineering DATE: August 5, 2009 INTRODUCTION The residents of Sophie's South development have requested that the City regrade, seed and maintain Sophie's Park to a standard held in other park facilities. DISCUSSION Residents within the Sophie's South development recently attended a Park and Recreation Commission meeting to provide comments about the 5 year capital improvement plan (CIP) for parks specifically related to Sophie's Park. They have been very active in pursuing playground equipment to be placed in the park for last few years. The current 2009-2013 CIP (see attached) had identified thatSophie's Park could be improved in 2011 but in preparing the 2010-2014 CIP due to lack of new developments and funding, the Park Commission is recommending not to include any improvements such as playground equipment until funding becomes available. With no improvements planned, the residents have requested the city to regrade the site (the site was rough graded and seeded as part of the overall development by the developer), reseed the disturbed areas and mow the grass so that the neighborhood could us the park for other activities such as badminton, soccer, and volleyball. The Park Commission has discussed this request and is recommending to regrade, reseed and mow the park on a regular basis as we do in a number of other parks. . Note: This is one of the parks that has been identified by the parks department to leave as a natural area as there are no activities available (playground equipment). The park has also been seeded earlier this year with blue grama seed, which is tolerant to low moisture, and grows to a maximum height of 12 inches. ACTION REOUESTED The City Council is requested to consider the request and direct staff on how to proceed with maintenance of Sophie's Park. Respectfully submitted, ~~~ Todd 1. aas Cc: Russ and Carol Schmeichel, 1146-152nd Lane NW Attachments: Location map~tter from neighborhood~age 42 of the CIP ~raft minutes of the Park Commission .,/ l / " '" . !\~ ~ , I " , .. . t- ,~ (9) ~ ........ ~ '.. ('0) I C) ;: tl ~~ . 2: :!: -.. .u J. '''.. o I,' ,.. ..J ~ I: '-- ~ ,I ~ ~ . I I I .. .. '" .. I I ..~ 104.34 ~ N88026'~ I I ::: 01 ..... I .. . I - Q... I, ~ "--- (f); , I ~~ ~~ I "ll ~, :: IC) '''I: N I ,.; I ... lP11 ? '" ,I-.. ',!<::):<, ;-.1 ,I-.. '\-.I::::, il <::) . ' LANE · ~ ~.~ [~ Jd " ,~ PARK (,,) ~ :.~' ~ ~ : (") 6. ~ · 2 " 3 " " ~ (,,) . . CENTER ... - ' SEC. 23 _. ) i ~,\\,C!.S @----~' "1'" <~::~'v.~-- p~'-'. July 12,2009 To: Park and Recreation Commissioners :R.e: Sophie's South Park We are contacting you regarding Sophie's South Park. Last summer we discovered that the funding for the Park originally planned for 2008 was being delayed until 2011. We were disappointed to learn that the most recent improvement plan through 2014 has eliminated funding for Sophie's South Park entirely. We realize that all cities are experiencing difficult financial choices, therefore the residents of Sophie's South would like you to consider a partial development of the park land. If the la.nd could be leveled a.nd seeded we feel the families of the neighborhood could use it for th.e following purposes: . Soccer . Softball/base ball . Kite flying e Badminton/volleyball e Frisbee . Night to Unite In addition, we were in charge of a summer track and field program for youth in Jamestown, North Dakota for over 25 years. Ifwe had a grassy field it would be possible for us to organize several "all-comer meets" for the young children of neighborhood, their friends and any other youth who wanted to participate. This would be a volunteer program at no cost to the city or the participants. \Ve could have standing long jump, softball throw, and various runs and relays. \Ve would also encourage the parents to participate with the youth. We feel this would at least make the land usable, until funds are available for further development. We are sending this letter on behalf of all the residents of Sophie's South. We have a wonderful neighborhood that is growing, with a high proportion of young families with children (4 babies are expected in the next two months). Thank you for your consideration of this proposal. Russ and Carol Schmeichel 1146 152nd Lane NW Andover, MN 55304 763-208-8876 r ..., Capital Plan 2009 thru 2013 [ .. City of Andover, MN Project # 11-45001-01 [ Project Name Sophie's South Park Type Improvement Priority 1 - High [ Useful Life 15 Years Contact Asst.Public Works Director Category Park Improvements Departmeut Park & Rec - Projects Description [ Install playground equipment and a basketball court. The park was dedicated as part of the development of Sophie's South. Since no park exists [ within the general area, it has been recommended to begin developing the park. Justification [ The improvements have been recommended by the Park & Recreation Commission. [ Expenditures 2009 2010 2011 2012 2013 Total [ Improvement 75,000 75,000 Total 75.000 75,000 [ [ Funding Sources 2009 2010 2011 2012 2013 Total Park Improvement Funds 75,000 75,000 r Total 75,000 75,000 b, [ Operational Impact/Other I [- Additional long-term maintenance and ultimately replacement will be necessary. - . [ [ C. [~ 42 [" .&.," Regular Andover Park & Recreation Commission Meeting Minutes - July 16, 2009 Page 2 PUBLIC INPUT/2010-2014 PARK CAPITAL IMPROVEMENT PLAN Chairperson Butler explained this item is in regard to approving a Capital Improvement Budget over the next five years. He stated they have been unable to make park improvements that were planned because they do not have the funds for improvements because of the decline in housing development. Mrs. Carol Schmeichel, 1146 1 52nd Lane NW, stated they sent a letter addressing some of the concerns. She stated when they looked at the budget from past years Sop hies Park was supposed to be planned for 2008 and then it was delayed until 2011 and now the most recent improvement plan through 2014 has eliminated funding for Sophie's South Park entirely. She stated their concern is there are lots of young families and kids in the neighborhood and they do not have access to another park without crossing busy roads. She stated they were wondering if there would be any possibility to at least level and seed the park for general use by the kids. She wondered what could be done with the three lots. She also wondered what other neighborhood parks have not been developed besides theirs. Commissioner Lindahl asked how much ofthe development has been built up. Mr. Haas did not think it was more than fifty percent. Commissioner Lindahl stated their normal policy was the park would be developed when a certain percentage of homes were developed otherwise the park could be vandalized if developed too early. Mrs. Schmeichel noted one of the developers has filed for bankruptcy but they are still building homes in the development. She stated they have agreed to maintain the park when developed. She explained some of the things they have already done to the park and noted they have adopted the park. Chair Butler stated the City appreciated the Schmeichl's for adopting the park. Chair Butler asked ifthe City could at least mow the park this year and then see about getting it graded for use. Mr. Haas stated they could do that and he would talk to the Park Maintenance crew. Mr. Russ Schmeichel stated the park looks nice when mowed but is really unusable because it is too ruddy. He thought if the kids could have a green spot it would be great. Mr. Haas stated they will get a fine grade done if the Commission wants it done. He stated they still have a letter of credit from one ofthe developers and have control on it because he has not developed all of his lots. Mrs. Melissa Harper, 15383 Indy Street, stated they have several ponds in the neighborhood with steep grades in their backyards so it is not set up for private play areas in the area so this park area is the only safe play area for the children in the development. Regular Andover Park & Recreation Commission Meeting Minutes - July 16, 2009 Page 3 L Motion by Kowalewski, seconded by Miskowiec, to recommend to the City Council the 2010-2014 Parks Capital Improvement Plan as proposed. Motion carried on a 5-ayes, 0- nays, 2-absent (Lindell, Hupp) vote. . CONSIDER 2009 SOFTBALL/BASEBALL TOURNAMENT APPLICATION/ANDOVER BASEBALL ASSOCIATION aas explained this is in regards to considering the baseball tournament application form r the upcoming 2009 fall softball/baseball season as requested by the Andover Baseba ssociation. Motion by L dahl, seconded by Ramnath, to approve the tournament application form from the Ando r Baseball Association. There was none. Motion carried on a 5-ayes, 0- ys, 2-absent (Lindell, Hupp) vote. -. CONSIDER 2009 FALL FOOT L/SOCCER SCHEDULE Mr. Haas explained this is in regards to proving the 2009 fall soccer/football schedule. Commissioner Kowalewski stated on page o ofthe application for the fall schedule there was actually some practices and he won red if there would be any conflict with that during the week. Mr. Haas stated there wo d not be. Motion by Miskowiec, seconded by Kowalewski, t pprove the 2009 fall soccer/football schedule. Further Discussion There was none. Motion carried on a 5-ayes, O-nays, 2-absent (Lindell, Hupp) vote. CONSIDER 2009 FALL FOOTBALL/BASEBALL/SOFTBALL SC Mr. Haas explained this item is in regard to approving the 2009 softball/base schedule. Motion by Lindahl, seconded by Kowalewski, to approve the 2009 softball/baseball/football schedule. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Discuss/Approve Andover Vision Statement DATE: August 5, 2009 INTRODUCTION The Council completed the 2009 Strategic Planning Session at the June 23rd workshop meeting with one outstanding item, a vision statement. DISCUSSION At the conclusion of the discussion at the June 23rd workshop meeting, Councilmember Trude and Councilmember Jacobson volunteered to draft a vision statement and bring that to the entire Council for review. Councilmember Trude and Councilmember Jacobson will be facilitating the presentation and discussion at the meeting. There are no attachments to this memo. ACTION REQUESTED Receive a presentation and discuss the materials that will be presented at the meeting by Councilmember Trude and Councilmember Jacobson. C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule August EDA meeting DATE: August 5, 2009 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the August 18,2009 City Council meeting. DISCUSSION Tentative agenda items for an August EDA meeting have been identified as follows: 1. Progress Report - Bunker Lake Blvd Frontage Road Realignment 2. Discuss Andover Station North Monument Signs 3. Purchase Agreement/Letter of Intent/Progress Review 4. Parkside at Andover Station Update 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the August 18,2009 City Council meeting. <... @ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: August 5, 2009 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on CIP Projects 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for August 5, 2009 City Council Meeting DATE: August 5, 2009 The City Council is requested to receive the following supplemental information. Consent Items Item #3. Staff requests this item to be moved to discussion. Award Bid/09-11IW ater Treatment Plant Building Expansion (Supplemental) - Engineering Item #12. Discuss/Approve Andover Vision Statement - City Council - 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Award Bid/09-11/Water Treatment Plant Building Expansion (Supplemental)- Engineering DATE: August 5, 2009 INTRODUCTION The City Council is requested to table the receiving of bids and award of contract for Project 09-11, Water Treatment Plant Building Expansion. DISCUSSION Bids were received on August 3,2009 for the Water Treatment Plant Building Expansion. The first phase consisted of securing the equipment. Bid results for the second phase (Water Treatment Plant Building Expansion) are as follows: Contractor Base Bid Alternate Bid Total Bid (Incl. Alt) Gridor Construction $741,500 ($42,000) $699,500 Municipal Builders, Inc. $777,321 ($40,000) $737,321 Magney Construction, Inc. $808,800 ($37,000) $771,800 Engineer's Estimate (Base Bid) $713,009 Due to the bids exceeding the Engineer's Estimate staff recommends tabling this item so that additional time can be utilized to analyze the bids. This item would then be brought back to the August 18, 2009 regular scheduled City Council meeting for discussion. BUDGET IMPACT The total project cost for the improvement as identified in the CIP is $930,000. With this bid ($699,500), the settler plates bid ($177,545) and the indirect costs bring the total project to $1,040,000 which exceeds what was identified in the CIP. The project will be funded by Water Revenue Bonds and long term by the Water Enterprise Fund. Water rates have been modified the last several years in anticipation of such improvement needs to the system. Water rates are not anticipated to be impacted by the additional cost for this project. Future water system improvements may need to be moved out a year or two. ACTION REQUIRED The City Council is requested to table the approval of accepting bids and awarding the contract to Gridor Construction in the amount of $699,500 for Project 09-11, Water Treatment Plant Building Expansion. This item will be brought back before the City Council on August 18, 2009 for discussion. Respectfully submitted, Q~o.~ David D. Berkowitz c.c. Doug Klamerus, SEH )> < (ji' 6' 3 :J 0 CL. (Jl . , 0 " 7' M- C7 < _ ., >_ctf,''''",''~' , Q.) 4 ~fii)- ';K;~' ., ",,~,,;,;:';'" ~ () M- 'C";".,~;";:."(!/t;'F'. ~ ::r- ....' ~ 3 ;+ n f)' CU ~ , :J C () ::r-C/\ rr 3, CU () ~ cE M-, 3 () .... 0 ::r-.... -h :J .. CU ~ - , CUr.:; ,;:J , C/\ .:"; . n 0 n .@"; () ~ CUriJ' C/\ - , ~ ..~ M- 3 3 0 ::r-~ CL.;+ () n () c-o 0 3 3 C 3 < -, CU 3 -,cE - c , -, o .... cE 3 =r 3.-0 M-' 3 c 0 c..t': -, -h () -, 0 M-' 3 .C/\ ~ 3 Q , ::r- M- -, (b -, n . N ::r- ..' .' ;..;..(b M- 0