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Home My WebLink AboutCC October 18, 2005 , ~NDbVE~ J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 18, 200S Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/27/0S Workshop; 10/4/0S Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Waive Public Hearing/Adopt Assessment RoIV04-32/Crosstown Boulevard NW & Xeon Street NW /Intersection Improvements - Engineering 4. Waive Public Hearing/Adopt Assessment RoIV04-34/Whispering Acre - Engineering S. Declare Costs/Order Assessment Roll/04-33/Crosstown Boulevard NW & lS9th Avenue NWlIntersection Improvements - Engineering 6. Waive Public Hearing/Adopt Assessment Roll/OS-47/665 - I 40th Lane NW/SS & WM - Engineering 7. Waive Public Hearing/Adopt Assessment Roll/OS-48/709 - 140th Lane NW/SS & WM - Engineering 8. Authorize Amendment to Part I Wellhead Protection Plan!Andover Water Systeml03-27 - Engineering 9. Declare Costs/Order Assessment Roll/OS-S3/13788 Quinn Street NW/WM - Engineering 10. Waive Public Hearing/Adopt Assessment RoIVOS-S3/13788 Quinn Street NW/WM -Engineering J 11. Terminate Contract/Accept Quote/OS-29/143S5 Crosstown Boulevard NW/SS & WM -Engineering 12. Accept DNR MNReLeaf Grant/OS-36/0ak Wilt Suppression Program/Strootman Park Tree Planting Project - Engineering 13. . Consider DNR Remediation Restoration Grant/OS-46 - Engineering 14. Approve No Parking Resolution!04-23/Reconstruction of Hanson Boulevard NW - Engineering IS. Amend City Code Title S, Chapter 3, S-3-S.A.5/Paddlewheel Games - Clerk 16. Amend City Code Title 1, Chapter 7, 1-7-3/Permit Fees - Clerk 17. Approve Resolution Supporting Retail Window at Andover Post Office - Planning 18. Approve Elected Officials Travel Policy - Administration Discussion Items 19. Receive Anoka County Sheriffs Department MontWy Report - Sheriff 20. Accept Tumback of Private Streets to City/OS-SS/Shadowbrook Cove - Engineering 21. Discuss Reassessment Program/Storm Damage - Administration 22. Review Exterior Wood Burning Stove Issues - Planning Staff Items 23. Schedule EDA Meeting - Administration 24. Schedule November Council Workshop - Administration 2S. Administrator's Report - Administration Mayor/Council Input Adjournment I n .(\ ~ ,< , )' ~ '~J /") L- ~l.' \...-~-L/- ,..........""- /'I.J.--"r/~. \'1 J ~.-' l') L\.)../v..A I ,~i -L::::> ;' Regular Andover City Council Meeting Minutes - October 18, 2005 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 18 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R183-05 waiving Public Hearing/Adopt Assessment RoIV04-32/Crosstown Boulevard NW & Xeon Street NW/Intersection Improvements..................................... 2 Resolution R184-05 waiving Public Hearing/Adopt Assessment RoIV04-34/Whispering Acre.. ................... ..................... ................. ........ ...................... ...... ............ ...... ................ 2 Resolution R185-05 declaring Costs/Order Assessment RolV04-33/Crosstown Boulevard NW & l59th Avenue NW/Intersection lmprovements.................................................... 2 Authorize Amendment to Part I Wellhead Protection Plan/Andover Water System 03-27 .......................... ............... ............... ......... ....... ................. ........ ............ .................. 2 Resolution R186-05 declaring Costs/Order Assessment RoIV05-53/13788 Quinn Street NW IWM ..... .............. ................ ......... ........ .............. ............ .......... ....................... 2 Resolution R187-05 waiving Public Hearing/Adopt Assessment RoIV05-53/13788 Quinn Street NWIWM ....................................................................................................2 Accept DNR MNReLeaf Grant/05-36/0ak Wilt Suppression PrograrnlStrootrnan Park Tree Planting Project .............................................................................................. 2 Consider DNR Remediation Restoration Grant/05-46 ........................................................ 2 Resolution R188-05 approving No Parking Resolution!04-23/Reconstruction of Hanson Boulevard NW .... ........ ........... .................. ............. .................. .... .......................... ...... .... 2 Amend City Code Title 5, Chapter 3, 5-3-5-a-5/Paddlewheel Games Ord. 315 .................2 Amend City Code Title 1, Chapter 7, l-7-3/Permit Fees Ord. 316 ..................................... 2 Resolution R189-05 approving Resolution Supporting Retail Window at Andover Post Office ........ ....... .............. ............. ..... .................................... ................. .......................... 2 Approve Elected Officials Travel Policy...........................................................................;. 2 Approve Change Order #1/04-52B/Well #9 Pumping Unit (Res. R190-05)....................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received......... .......... ....................... ... ........... ........................ ........ ............... ................... ...... 3 ACCEPT TURNBACK OF PRIVATE STREETS TO CITY/05-55/SHADOWBROOK COVE Motion to approve (Resolution Rl 91-05)............................................................................. 3 DISCUSS REASSESSMENT PROGRAM/STORM DAMAGE ............................................. 4 REVIEW EXTERIOR WOOD BURNING STOVE ISSUES................................................... 5 TERMINATE CONTRACT/ACCEPT QUOTE/05-29/14355 CROSSTOWN BOULEVARD NW/SS & WM Motion to Terminate ....... ................... ........................................... ........................................ 6 SCHEDULE EDA MEETING................................................................................................... 6 SCHEDULE NOVEMBER COUNCIL WORKSHOP ............................................................. 6 Regular Andover City Council Meeting Minutes - October 18, 2005 Page 9 Regular Andover City Council Meeting Minutes - October 18, 2005 Table of Contents Page ii ADMINISTRATOR REPORT .................................................................................................. 7 MAYOR/COUNCIL INPUT Opening of Andover Lanes ................................................................................................... 7 ADJOURNMENT......................................................................................................................7 / " I REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 18, 2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 18,2005, 7: 10 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Remove from the Agenda Item 6, (Waive Public Hearing! Adopt Assessment Roll/05-47/665 - 1 40th Lane NW /SS & WM), and Item 7, (Waive Public Hearing! Adopt Assessment Roll/05-48/709 -1 40th Lane NW/SS & WM). Add Item l8a, O. Remove from Consent Items for discussion Items 11, (Terminate Contract/Accept Quote/05-29!l4355 Crosstown Boulevard NW/ww & WM). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES September 27, 2005, Workshop: Correct as amended. / Councilmember Trude stated on page five, fifth whole paragraph, the statement was "Council consensus was to get a proposal from the developers to see what they want for commercial and retail.", the context was on commercial and retail areas and she did not think they said they wanted a Regular Andover City Council Meeting Minutes - October 18,2005 Page 2 carte blanche proposal to respond to but they were wondering what the market would bear for retail and commercial. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. October 4, 2005, Regular Meeting: Correct as written. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 8 Item 9 Item 10 Item 12 Item 13 Item 14 Item 15 Item 16 Item 17 Item 18 Item l8a Approval of Claims Waive Public Hearing/Adopt Assessment Roll/04-32/Crosstown Boulevard NW & Xeon Street NW!Intersection lmprovements (See Resolution R183-05) Waive Public Hearing/Adopt Assessment Roll/04-34/Whispering Acre (See Resolution R184-05) Declare Costs/Order Assessment Roll/04-33/Crosstown Boulevard NW & l59th Avenue NW!Intersection Improvements (See Resolution R185-05) Authorize Amendment to Part I Wellhead Protection Plan/Andover Water Systern/03-27 Declare Costs/Order Assessment Roll/05-53/13788 Quinn Street NW/WM (See Resolution R186-05) Waive Public Hearing/Adopt Assessment Roll/05-53/13788 Quinn Street NW /WM (See Resolution R187-05) Accept DNR MNReLeaf Grant/05-36/0ak Wilt Suppression Prograrn/Strootman Park Tree Planting Project Consider DNR Remediation Restoration Grant/05-46 Approve No Parking Resolution!04-23/Reconstruction of Hanson Boulevard NW (See Resolution R188-05) Amend City Code Title 5, Chapter 3, 5-3-5-A-5/Paddlewheel Games (Ord. No. 315) Amend City Code Title 1, Chapter 7, 1-7-3/Permit Fees (Ord. No. 316) Approve Resolution Supporting Retail Window at Andover Post Office (See Resolution R189-05) Approve Elected Officials Travel Policy Approve Change Order #1/04-52B/Well #9 Pumping Unit (Res. No. R190-05) Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 18, 2005 Page 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Kevin Helwig, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. ACCEPT TURNBACK OF PRIVATE STREETS TO CITYI05-55ISHADOWBROOK COVE City Engineer Berkowitz explained the Shadowbrook Cove Townhome Association is requesting the City accept the private streets in their development to public streets. Mr. Berkowitz discussed the staff report with the City Council. Councilmember Jacobson stated on the map in the packet, he was looking at l420d and Butternut Street and where they come together, there is a little spur that goes to the left. He wondered what street that is. Mr. Berkowitz stated it is part of l420d Avenue. Councilmember Jacobson stated according to the map, it looks like the right-of-way extends to the west into lot 172. He wondered if that is correct and if there is supposed to be a connection in there. Mr. Berkowitz stated this is a stub street that was not connected because they would have had a public street that connected to a private street and the decision was made at that time not to make that connection. Councilmember Jacobson wondered if the plows could get in there to turn around or would they need to back up. Mr. Berkowitz thought they would have to back up. Councilmember Trude stated she remembered this discussion when the development occurred because originally there were going to be more townhomes and then the developer decided on the single family homes and the Fire Department wanted the connection but it did not happen because of the private roads and she asked staff if it could be connected because it would make a nice snow plow loop and if it cannot be connected, it should be treated like a private driveway because it is not designed for snowplows to turn around. Councilmember Knight asked if they were going to run the road through, would they need to buy the property. Mr. Berkowitz stated it is private property through there as part of the Shadowbrook Sixth Plat. They would have to approach the individuals to try to work with them on that. Councilmember Trude wondered ifthere is an easement maintained over that. Mr. Berkowitz did not believe there is. Mayor Gamache wondered because the roads are more narrow than a normal street, would this require a special snow plow. Mr. Berkowitz stated he was not sure if they had this discussion with Public Works. Regular Andover City Council Meeting Minutes - October 18, 2005 Page 4 Mr. Dan Lair, Board Member, showed on the map how the snow plow could turn around in the area. Councilmember Trude indicated she would rather have the road treated as a private drive because it does not meet any of the City's standards for snow plowing. Mr. Lair stated his concern is that they have their driveways plowed before the City comes and plows the streets and he thought the City plow may come down l42nd and plow the snow onto the private street and then they will have to have their hired person come back to open the street up again. Councilmember Trude stated her concern is that the snow plows do not have to deal with this anywhere else in the City, so by accommodating their request to make all of this public, this will end up being like one of the trucks that does the cul-de-sacs and they will have some unhappy residents getting plowed out later than what they are accustomed to. Councilmember Orttel did not know why they need to have a special truck to plow this out. He thought a big truck could come in and plow it out and back up and continue on. Mr. Dickinson thought they would use a single axle truck. Councilmember Jacobson stated on the map they have 14151 Lane. Mr. Lair indicated this is a public street. Motion by Orttel, Seconded by Jacobson, to approve the resolution as presented (Res. R19l-05) Motion carried unanimously. DISCUSS REASSESSMENT PROGRAM/STORM DAMAGE City Administrator Dickinson explained the State Motion carried unanimously. of Minnesota Division of Homeland Security and Emergency Management have brought to his attention a program sponsored by the State that may benefit residents impacted by the September 2151 storm. Mr. Dickinson made a brief presentation to the Council regarding the program. Councilmember Jacobson wondered if the credit includes trees. Mr. Dickinson stated it does not. Councilmember Jacobson stated he is confused because it was noted it would not be worth the amount of money it would take to administer the program but earlier in the presentation he said the costs were already a part ofthe costs they had with the County Assessor and would not cost them anything. Mr. Dickinson stated the County Assessor will contribute their time at no cost. The City will have some extensive research and documentation. They will have to do all of the assessments, inspections and they will have to file all the reports and do an application process for each individual applying and review it. Councilmember Jacobson wondered what the assessor would do. Mr. Dickinson stated the assessor would reassess the value. Regular Andover City Council Meeting Minutes - October J 8, 2005 Page 5 Mr. Dickinson stated for anyone who applies, the State of Minnesota pays the difference in the tax they would not receive. Councilmember Orttel stated if the homeowner's insurance company rebuilds the house, the homeowner would not get the credit. It is only for a permanent reduction in value, not temporary. He stated the only thing that would really work is if you lost trees but he did not think the County factors in any value for trees on the property. He stated once the home is fixed, the value of the house may actually go up. He was not sure who would benefit and how. Councilmember Trude summarized how she thought this would work for a homeowner. Councilmember Knight asked if there was a differential between primary structure and utility buildings. Mr. Dickinson stated it would have to be the residential structure. Councilmember Jacobson asked if the homeowner would need to pay anything to go through this process. Mr. Dickinson indicated they would not have to pay anything. He stated it will cost the City approximately $250-$300 in administrative expense. Mayor Gamache wondered how they would get the information out to the residents if they decide to do this. Mr. Dickinson stated they would inform them through the building permit process. Councilmember Trude stated this would make sense for people who are uninsured. She thought it was worth talking to the assessor about the trees. She thought trees would be a factor because they do affect home sales. Mr. Dickinson stated he would get additional information on trees and landscaping. REVIEW EXTERIOR WOOD BURNING STOVE ISSUES Community Development Director Neumeister stated outdoor wood burning stoves will become more popular as heating costs increase. There are only a few in the community now and in the past there have been a limited number of complaints by neighbors affected by smoke. Presently the City requires a mechanical permit for these stoves. Once an investment has been made and they are installed, the City has regulations that deal specifically with smoke. Mr. Neumeister discussed the staff report with the Council. Councilmember Trude asked if they recommend following the Best Bum Practices. Mr. Neumeister stated they do. . Councilmembcr Orttel stated under their current code this would require a mechanical permit from the Building Department and hc would think the smoke coming out would not bc any different than a wood burning furnace or a wood stove because they are set up the same way, only these arc external. Regular Andover City Council Meeting Minutes - October 18, 2005 Page 6 He thought they should require an accessory building ifthey need a permit just like anything else if it is under a certain size it doesn't but if it is over a certain size it would. Councilmember Trude stated she likes the Best Burn Practices as guidelines. She suggested they follow the Best Burn Practices as a policy. Motion by Trude, Seconded by Jacobson, to have staff follow the Best Burn Practices when reviewing the compliance for exterior wood burning stoves that are installed as a matter of policy. Motion carried unanimously. TERMINATE CONTRACT/ACCEPT QUOTE/05-29/14355 CROSSTOWN BOULEVARD NW/SS& WM Councilmember Orttel stepped down for conflict of interest. Mr. Berkowitz stated this item is in regard to terminating the contract with Minncomm Utility Construction, Inc. and accepting the quote from Dave Perkins Contracting, Inc. for Project 05-29, 14355 Crosstown Boulevard NW for sanitary sewer and water service improvements. Motion by Jacobson, seconded by Gamache to terminate the contract with Minncomm Utility Construction, Inc. and acceptthe quote from Dave Perkins Contracting, Inc. for Proj ect 05-29, 14355 Crosstown Boulevard NW for sanitary sewer and water service improvements. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting for November 1, 2005 at 6:00 p.m. Motion carried unanimously. SCHEDULE NOVEMBER COUNCIL WORKSHOP Motion by Trude, Seconded by Jacobson, to schedule a Special Council Workshop for Tuesday, November 29, 2005 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the September 2151 storm damage cleanup, . / 2006 budget progress, significant city department activities and miscellaneous projects. , Regular Andover City Council Meeting Minutes - October 18, 2005 Page 7 MAYOR/COUNCIL INPUT (Opening of Andover Lanes) - Councilmember Trude stated the new bowling alley has opened and is no smoking with a bar. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:01 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary