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HomeMy WebLinkAboutCC - October 4, 2011C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, October 4, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/12/11 Workshop; 9/19/11 Workshop, 9/20/11 Regular, 9/21/11 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Quit Claim Deed/Grey Oaks 2 °d Addition — Engineering 4. Approve JPA/10- 27Bunker Lake Blvd. NW Reconstruction/CSAH 7 to 38th Avenue — Engineering 5. Receive Assessment Roll/Order Public Hearing/10 -30 /Crosstown Drive NW Reconstruction - Engineering 6. Approve Resolution/Classification Form for Tax Forfeited Property PID# 27- 32 -24 -34 -0099 and PID# 23- 32 -24 -12 -0049 - Planning © 7. Declare Costs, Order Assessment Roll & Schedule Public Hearing/2011 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines & Misc. Abatement Fees - Finance Discussion Items 8. Appoint QCTV Representative — Administration 9. Discuss /Approve QCTV Reserve Funds Draw Request - Administration Staff Items 10. Administrator's Report — Administration Mayor /Council Input Adjournment N 1I TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: October 4, 2011 INTRODUCTION The following minutes were provided by TimeSaver and Staff for City Council approval: September 12, 2011 Workshop September 19, 2011 Workshop September 20, 2011 Regular September 21, 2011 Workshop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, 1-1��-tyv' Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 ANDOVER CITY COUNCIL WORKSHOP MEETING — SEPTEMBER 12, 2011 3 MINUTES 4 5 6 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, 7 September 12, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 8 Minnesota. 9 10 Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude 11 Councilmember absent: None 12 Also present: Human Resources Manager, Dana Peitso 13 Others 14 15 16 DISCUSS CITY COUNCIL VACANCYAPPLICATIONS 17 18 Mayor Mike Gamache started the meeting with asking the Councilmembers their thoughts regarding 19 how they should select the candidates for interviews. He said that there were 13 applications and if 20 everyone was interviewed the process would continue longer than he felt was necessary. All of the 21 Councilmembers agreed to keep the process to 2 evenings, and therefore limit the number of 22 finalists. Interviews will be held on Monday, September 19t1i and Wednesday, September 21" 23 beginning at 6:30pm. The interview will last 30 minutes each and there will be a 5 minute break 24 between each interview. Councilmember Bukkila requested that no more than 4 people be scheduled 25 for one evening. 26 27 After reviewing the candidate pool, the candidates selected unanimously include Ted Butler, Todd 28 Craft, Brian Haugen, Valerie Holthus, Tony Howard, Kyle Nemeth, and Michael Seymour. Mayor 29 Gamache would like that all of the persons not selected for interview to be notified that with such a 30 large number of choices to make the City Council had to get the job done and limit the number of 31 interviews. 32 33 Discussion was then held on questions that the Councilmembers would be asking of the candidates. 34 Ms. Peitso will type up a list of interview questions based on the City Council's direction and have 35 them ready for the City Council at the September 19th, 2011, workshop. 36 37 38 Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 39 adjourned at 7:44 p.m. 40 41 Respectfully submitted, 42 43 Dana Peitso, Human Resources Manager © 44 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING - SEPTEMBER 199 2011 7 MINUTES 8 9 10 The Andover City Council Workshop was called to order by Mayor Mike Gamache, September 19, 11 2011, 6:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 12 13 Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trade 14 Councilmember absent: None 15 Also present: City Administrator, Jim Dickinson 16 17 18 CITY COUNCIL INTER VIEWS 19 20 Valerie Holthus 21 22 Ms. Holthus stated she is currently serving her third term on the Planning and Zoning Commission, 23 she has served two terms on the Park and Recreation Commission and was just appointed to the 24 Open Space Advisory Commission. Ms. Holthus works at Andover High School and is currently the 25 chairperson for the committee working on the levy campaign project. 26 27 Councilmember Trade asked how she feels about giving up her position on the Planning and Zoning 28 Commission and the Open Space Advisory Commission. Ms. Holthus replied she is willing to give 29 up her position on the commissions to serve on the Council. The knowledge she has gained while 30 serving on the commissions will be helpful while serving on the Council. 31 32 Councilmember Trade asked how she would handle the role as a Councilmember. Ms. Holthus 33 replied she would find out the facts and hear both sides of the issue before making a final decision. 34 35 Councilmember Knight asked if she has any priorities while serving on the Council. Ms. Holthus 36 indicated her goal is to increase the quality of life for the residents of Andover. 37 38 Mayor Gamache asked what city she would compare Andover to. Ms. Holthus replied Plymouth. 39 She likes the City of Plymouth for their open space policy, the tree lined boulevards, good trails, and 40 community center. 41 42 Councilmember Trade asked what she likes about Andover and what would she like to see 43 improved. Ms. Holthus likes the openness, the trails, and the opportunities for children. She sees 44 potential improvement of the Downtown Center and would like to see more restaurants in the City. © 45 46 Councilmember Bukkila asked what changes, if any of how tax money is spent. Ms. Holthus 47 indicated she would like to see more money spent on roadways since most of the residents are 48 commuters. She would also like to see more money go to regional parks than neighborhood parks. © Andover City Council Workshop Meeting Minutes — September 19, 2011 Page 2 1 Mayor Gamache asked why she should be selected over the other candidates. Ms. Holthus stated 2 she has a lot of knowledge about the City. She has sat on many commissions, knows the procedures 3 and how they work. 4 5 The Council thanked Ms. Holthus for her interest to serve on the City Council. 6 7 Kyle Nemeth 8 9 Mr. Nementh stated he has lived in Andover for 9 years. He has been employed at the State of 10 Minnesota for the last 11 years. He has a degree in Business Administration, with an emphasis in 11 Finance and a minor in Economics. 12 13 Councilmember Trude asked how he would take on the Councilmember role in dealing with angry 14 residents. Mr. Nemeth said he would deal with it quite well. He would listen to what the resident 15 had to say and then explain to the resident why the policy is the way it is. He said it is important to 16 let the residents know why you made the decision you did. 17 18 Councilmember Knight asked him to describe his image of the City. Mr. Nemeth indicated Andover © 19 has the feeling of a smaller close knit community. He agrees with the preservation of open space and 20 the funding of parks and trails. He believes Andover is a hidden gem among cities. 21 22 Mayor Gamache asked why he wants to be on the Council at this time. Mr. Nemeth said he has had 23 interest in serving on a commission but the timing hasn't been right. The time constraint with going 24 to school has kept him from applying for a commission position or running for office. With those 25 commitments behind him he feels he has the time and would like to give back to the community. 26 27 Councilmember Bukkila asked if there is one Councilmember or Mayor he agrees with more than the 28 others. Mr. Nemeth stated there is not, he has kept an open mind when reading through previous 29 meeting minutes. 30 31 Councilmember Trude asked what his future plans for the City are. Mr. Nemeth stated with the 32 economic situation he sees homes that have gone in disarray, he would like to provide low interest 33 financing to residents to fix up their homes. He would also like to see small business programs to 34 entice businesses to move into the City. 35 36 Councilmember Knight asked what vision he has for the City. Mr. Nemeth would like to see more 37 businesses come into the City and to continue the preservation of open space. 38 39 Mayor Gamache asked why he should be selected over the other candidates. Mr. Nemeth stated he 40 understands how government works. His knowledge in team building, people skills and finance © 41 would help him to serve on the Council. 42 43 The Council thanked Mr. Nemeth for his interest to serve on the City Council. 44 © Andover City Council Workshop Meeting Minutes — September 19, 2011 Page 3 1 Tony Howard 2 3 Mr. Howard stated he has lived in Andover just about all of his life. He has been very involved with 4 the community. He has previously served as an interim Councilmember on the Council years ago. 5 6 Councilmember Knight asked what his priorities are for the City. Mr. Howard stated he would like 7 to see some type of Teen Center for older children ages 13 -15, a structured environment for children 8 that don't play sports or skateboard. Also working with the Senior Center and keeping the seniors in 9 the community by offering more programs. 10 11 Councilmember Bukkila asked as an Andover business owner what does he think needs to be 12 changed. Mr. Howard indicated the taxes on businesses are very high. When he talks to other 13 business owners he hears their biggest complaint is communication. There needs to be better 14 communication between the Council and the businesses. 15 16 Councilmember Bukkila asked with the YMCA paying their portion of the Community Center where 17 does he see those funds being used. Mr. Howard stated he would like to see those funds be set aside 18 for improvements. For example doing anew project every year at the Community Center to keep the 019 building fresh. He would also like to see the funds go towards a teen program. 20 21 Councilmember Trude asked what other things should be worked on. Mr. Howard said the City 22 needs to be more pro- active to drive more businesses into the area. 23 24 Councilmember Knight asked him for his thoughts regarding the area on Bunker Lake Boulevard 25 between Crosstown Drive and Crosstown Boulevard. Mr. Howard stated he would like to see the 26 area with businesses and maybe apartments above the businesses. 27 28 Councilmember Trude asked for his thoughts on the parks in the City. Mr. Howard feels residents 29 do not use the neighborhood parks and funds should be put towards regional parks. 30 31 Councilmember Bukkila asked how he would balance decision making between urban and rural lots. 32 Mr. Howard stated it would all depend on the specific lot. 33 34 Councilmember Knight asked what city he would compare Andover to. Mr. Howard indicated five 35 years ago he would have compared Andover to Rogers due to the growth. Rogers offers urban and 36 Waal lots like Andover. The one thing Rogers has that Andover does not is a freeway. 37 38 Mayor Gamache asked why he should be selected over the other candidates. Mr. Howard stated he 39 has spent many years in the community and feels in a small way he has helped shape the community 40 into what it is today. He has the willingness to listen and work with people and it would be his way © 41 of giving back to the community. 42 43 The Council thanked Mr. Howard for his interest to serve on the Council. 44 © Andover City Council Workshop Meeting Minutes — September 19, 2011 Page 4 1 Mike Seymour 2 3 Mr. Seymour stated he moved to Andover in 1997. He enjoys living in Andover and enjoys the 4 multi - community facets that we have. He has been active in volunteering for area service clubs, such 5 as the Lions and Kiwanis. He currently serves on the Emma B. Howe YMCA Board. 6 7 Councilmember Trude asked why he would like to serve on the Council. Mr. Seymour indicated he 8 is a classic over achiever and enjoys a new challenge. He feels the prospective he can bring and the 9 take aways he might get would be a great experience. 10 11 Councilmember Trude asked if appointed to Council what would he like to see worked on. Mr. 12 Seymour indicated the prospective that he brings, he will hit the ground running and would like to 13 satisfy the needs of the residents. He would like to attract more families to the community. 14 15 Mayor Gamache asked what he likes about Andover and what he would like to change. Mr. 16 Seymour stated the YMCA was a great addition to the City, the athletic associations are strong and a 17 lot of the businesses are new. 18 © 19 Councilmember Knight asked what city he would compare Andover to. Mr. Seymour stated he has 20 not lived in many cities but in terms of prestige he would say Blaine. Mr. Seymour feels Andover 21 has a terrific reputation of holding a brand among communities and it is a great place to raise 22 children. 23 24 25 Mayor Gamache asked what he thought the role of the City Council is. Mr. Seymour feels the 26 position is following policies. 27 28 Mayor Gamache asked why he should be selected over the other candidates. Mr. Seymour said in the 29 time of shared services he has experience in partnerships with other communities. 30 31 The Council thanked Mr. Seymour for his interest to serve on the Council. 32 33 Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 34 adjourned at 9:00 p.m. 35 36 Respectfully submitted, 37 38 Michelle Hartner, Recording Secretary 39 r� U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 20, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 6, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Sheri Bukkila, Mike, Knig None City Attorney, Scott`Baun City Administrator, Jim D Community Development PLEDGE OFALLEGL4NCE RESIDENT No one wished to address and Julie Trade AGENDA APPROVAL Mayor Gamache stated the Council had received additional material from the Sheriff's Office. Councilmember Trade requested the Approval of Minutes be moved to after discussion item 411 Conditional Use Permit 11 -05. Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES Approval of minutes was moved to after discussion item #11. CONSENT ITEMS © Regular Andover City Council Meeting Minutes — September 20, 2011 Page 2 1 Item 2 Approve Payment of Claims 2 Item 3 Receive Assessment Roll/Order Public Hearing/11 -2b, 11 -2c & 11- 2d/2011 Street 3 Reconstruction (See Resolution R072 -11) 4 Item 4 Declare Cost/Order Assessment Roll/10 -30/ Crosstown Drive NW Reconstruction 5 (See Resolution R073 -11) 6 Item 5 Approve Quote/Paving Project for Public Works 7 Item 6 Approve Wine License /State of Bean 9 Motion by Councilmember Bukkila, Seconded by Councilmember Trade, approval of the Consent 10 Agenda as presented. Motion carried unanimously. 11 12 13 ANOKA COUNTYSHERIFF'S OFFICE MONTHL Y REPOR T 14 15 Investigator Scott Knealing, Anoka County Sheriff's Office, provided the Council and residents with 16 an update on law enforcement activities within the City including thefts, assaults, a hit and run 17 accident, and DUIs. 18 © 19 Councilmember Trade asked if the hit and run accident involved any pedestrians or only 20 vehicles. She also requested the Sheriff's Office include updates regarding major accidents 21 within the City. Councilmember Trade stated there have been traffic delays and accidents due to 22 the County redirecting traffic for the Main Street project. She also requested the Sheriff's Office 23 look at tracking the number of accidents in this area so that the causes can be identified. 24 25 Inspector Knealing stated the hit and run accident involved two vehicles, vehicle on vehicle. He 26 also stated he would discuss Councilmember Trade's requests with Commander Halweg. He 27 explained whenever there are detours there are increases in traffic and drivers that are unfamiliar 28 with the roads which could increase traffic accidents. 29 30 31 PUBLIC HEARING: SPECIAL BOWHUNT REQUEST — SMITH'S ROLLING OAKS AREA 32 33 Community Development Director Carlberg stated the hunters in Smith's Rolling Oaks are 34 requesting the Council consider allowing a special bow hunt for deer from October 1, 2011 to 35 December 31, 2011. He provided additional background including what a special hunt should be 36 used for, information regarding the special hunts at Bunker Hills Regional Park in the past and he 37 outlined the requested being presented. 38 39 Councilmember Trade stated in the past farmers had requested special hunting permit due to the 40 animals destroying their crops resulting in a destruction of their livelihood. She clarified the © 41 harvest objective for Bunker Hills Park was "0" for 2010 and 2011. She asked what the distance 42 requirements were for Andover for the discharge of a bow because the lots in the Smith's Rolling 43 Oaks neighborhood were less than 300 -feet wide. © Regular Andover City Council Meeting Minutes — September 20, 2011 Page 3 Community Development Director Carlberg stated Andover ordinances state a bow could not be discharged within 150 -feet of a residence unless it was your own. Mr. Carlberg presented a map of the Smith's Rolling Oaks neighborhood, showing 150 -feet distances. Motion by Councilmember Trude, Seconded by Councilmember Knight, to open the public hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:16 p.m. 10 Mr. Don Wilson, 14920 University Avenue NW, provided a picture of his back yard with 13 deer 11 in it. He had up to 22 deer in his yard and he would like to have the special hunt request 12 approved so that this number can be reduced. He stated the DNR regulations allowed for hunters 13 to track a wounded animal as long as the property was not posted. If a property owner requests a 14 hunter leave their property then the hunter is required to leave immediately. The Smith's Rolling 15 Oaks neighborhood is not requesting permission to hunt for the entire bow hunting season and 16 the Council did grant a special hunt for two weekends last year. At the time of the approval it 17 was the understanding of the residents that if there were no complaints or problems with the 18 special hunt in 2010 the residents would be granted a longer season in 2011. He pointed out the Q19 safety hazards that deer pose with traffic accidents and deer ticks. 20 21 Councilmember Trude asked City Attorney Baumgartner to review the City's code regarding 22 what areas are included in the restricted areas and the exemptions that would allow for a special 23 hunt in the Smith's Rolling Oaks area. 24 25 City Attorney Baumgartner stated Ordinance 394; 7 -6 -10 establishes the restricted zones and the 26 prohibited zones and this was explained in Chapter 4, Section 5 -4 -1, F. Chapter 4, Section 5 -4 -1, 27 G.2 outlines the reasons the City may allow an exemption in the restricted areas. These reasons 28 are: for the purpose of managing and controlling wildlife populations, provided the hunt has 29 received support from the Minnesota Department of Natural Resources, for target shooting as an 30 accessory use to a retail business or as a special event or competition, or for law enforcement 31 training purposes. 32 33 Mr. Jim Williams, 14810 University Ave NW, stated the residents of Smith's Rolling Oaks 34 neighborhood had been in front of the Council last year with this same request and the Council 35 had decided to open a special hunt as an experiment. There were no complaints or problems with 36 the hunt last year. He stated the Council could grant the request on a permanent basis so the 37 Council would not have to spend time and money each year reviewing the same request. 38 39 Ms. June Granander, 14800 Butternut Street NW, stated there was not 150 -feet between the 40 homes in this neighborhood and she was concerned about the safety and quality of life of the 041 residents. She stated Andover's restrictions were more lenient compared to neighboring cities. 42 Blaine required 500 -feet between homes for the discharge of a bow. She explained the proposed 43 hunting should only be done if an overpopulation of deer was established and then a season Regular Andover City Council Meeting Minutes —September 20, 2011 Page 4 should be established and carried out by professionals to ensure it is done humanely . 3 Mr. Don Granander, 14800 Butternut Street NW, stated there are kids in this neighborhood and 4 he is concerned about their safety if a special hunt is granted. He stated a special hunt should be 5 granted if an over population is established and the season should be shortened to 3 -4 weeks in 6 December. The City should establish a plan before a hunt is granted that outlines the number of 7 deer that can be taken and the length of the season. He stated based on the City's ordinances it 8 would not be legal to allow this hunt because the homes are closer than the required 150 -feet 9 distance. 10 11 Mr. Stan Brouillard, 14732 Butternut St NW, stated he is opposed to this request. The DNR has 12 determined a hunt is not necessary in the regional park and it should not be allowed in other areas 13 either. 14 15 Mr. Mike Murphy, 14826 Butternut St NW, Andover, stated the City should not allow a trophy 16 hunt for residents within the City. He stated he had moved to Andover for the wildlife and a 17 recreational hunt is not feasible in a residential neighborhood. 18 ©19 Ms. Marcie Murphy, 14826 Butternut St. NW, expressed concerns about the safety of residents 20 because the property boundaries are not clear. She stated she will post her property but because 21 the boundaries are not clear it will be difficult to ensure there are no hunters on her property. 22 23 Ms. Arlene Elin, 137 Andover Boulevard, stated the population in Andover has increased and it 24 is no longer a rural area. The hunting restrictions in Andover are more lenient than in 25 neighboring cities and these restrictions should be reviewed by the City Council. The DNR 26 determines when the hunting seasons are but it is up to the City to establish the guidelines and 27 restrictions. If a special hunt is needed due to overpopulation of deer then professionals should 28 conduct the hunt. There are other places that hunters can go. 29 30 Mayor Gamache asked how many deer /auto accidents there was each year in the City. 31 32 Community Development Director Carlberg stated in the last 5 years there were approximately 33 80 -90 per year. In the Smith's Rolling Oaks area there have been: 12 in 2008, 10 in 2009, 26 in 34 2010, and 5 in 2011. This area does not demonstrate a significant increase over other areas of the 35 City. 36 37 Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to close the public 38 hearing. The motion carried unanimously. 39 40 Mayor Gamache closed the public hearing at 7:44 p.m. ©41 42 Councilmember Bukkila stated there are 46 homes in the Smith's Rolling Oaks neighborhood 43 and there are only 4 people at the meeting in support of having a special hunt. Last year those © Regular Andover City Council Meeting Minutes —September 20, 2011 Page 5 1 residents who had wanted to have the special hunt had provided more documentation to the 2 Council and more feedback from the neighborhood. The special hunt that was granted last year 3 was in response to an increased deer population and the City did not have the funds allocated in 4 the budget to conduct a fly over to document the deer population. The Council had supported a 5 special hunt in 2010. At this time there is not clear and consist documentation that supports a 6 special hunt in 2011. The City's ordinance states a special hunt can be granted for population 7 control and the proper documentation has not been provided showing an over population exists. 9 Mr. Ray Sowada, 14921 Butternut St NW, stated he did not feel the neighborhood would 10 appreciate being asked every year to support this application. The petition had been supported 11 last year and there had not been any complaints with the 2010 hunt. He stated the Council had 12 told the residents last year that if there were no problems the request would be approved this 13 year. If the Council approved this petition indefinitely then the residents would not have to come 14 before the Council every year. 15 16 Councilmember Bukkila stated the Council did not guarantee the approval of a special hunt for 17 2011. It is up to the residents that are requesting the special hunt to do the work to show the 18 Council the neighborhood is in support of this petition. There may be changes in the opinions of 19 the residents since they gave approval last year. 20 21 Councilmember Knight stated 7th Avenue has a significant higher number of vehicle /deer 22 accidents then the Smith's Rolling Oaks area. 23 24 Councilmember Trade stated Bunker Hills Park has chosen not to have a special hunt this year or 25 last year. She stated the Council should review its ordinances and clarify them so they reflect the 26 intent of the Council and allow for farmers to petition for special hunts. The Council should not 27 spend every meeting, every fall, looking at petitions for small acreage properties requesting 28 special hunting permits. The City had decided the prohibited and restricted areas and this should 29 be what the City follows. The conditions outlined in the City Ordinance that allow for a special 30 hunt have not been met. She stated she does not approve of the intimidation that has been 31 happening and these hunters should be respectful of neighbors and government. 32 33 Mayor Gamache clarified the permit that was granted in 2010 did not specify it was for does 34 only. The hunt was approved in 2010 as an experiment and the Council did not guarantee 35 approval for future requests. At this time the City has an opportunity to look at the ordinances 36 and compare these to neighboring cities. The Council denied the Smith's Rolling Oaks request 37 to be added to the unrestricted hunting area and at this time they are requesting a special hunt 38 permit only. 39 40 Motion by Councilmember Trade, Seconded by Councilmember Bukkila to deny both special 1041 bow hunting requests for the Smith's Rolling Oaks residents. The motion carried unanimously. 42 43 Regular Andover City Council Meeting Minutes —September 20, 2011 Page 6 1 PUBLIC HEARING. SPECL4L BOW HUNT REQUEST — BARNES ROLLING OAKS AREA 2 3 Community Development Director Carlberg stated a hunter in the Barnes Rolling Oaks area is 4 requesting that the Council consider allowing a special bow hunt from October 1, 2011 to 5 December 31, 2011. He provided the Council with background on what a special hunt should be 6 used for and outlined the request being made. 7 8 Mayor Gamache asked if the petitioner wished to continue based on the discussions and decision 9 of the Council for the Smith's Rolling Oaks special hunt request. 10 11 Mr. Chris Wallace, 225 Andover Boulevard, stated he would rescind his request unless there was 12 a neighbor who wished him to continue with the request. 13 14 Councilmember Trude clarified if the request was withdrawn then a public hearing would not be 15 required. 16 17 Mayor Gamache stated there was a resident in the audience that raised his hand and would like to 18 have the application continue. 19 20 Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to open the public 21 hearing. The motion carried unanimously. 22 23 Mayor Gamache opened the public hearing at 8:03 p.m. 24 25 Ms. Arlene Elin, 137 Andover Boulevard, stated she had talked with a number of her neighbors 26 and they were not in support of this request. She had non - resident hunters on her property last 27 year tracking deer and she would not like that to happen this year. There are places in the area 28 that people can go hunting without having to hunt in their backyards and threatening the safety of 29 residents. hi the right setting a special hunt would be acceptable but this is not the right setting. 30 31 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to close the public 32 hearing. The motion carried unanimously. 33 34 Mayor Gamache closed the public hearing at 8:07 p.m. 35 36 Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to deny the special 37 bow hunting request for Barnes Rolling Oaks area. The motion carried unanimously. 38 39 40 CONDITIONAL USE PERMIT (11 -04) FOR OUTDOOR DISPLAY, STORAGE AND 041 SALES FOR TIME TO THRIFT AT 13735 ROUND LAKE BOULEVARD 42 43 Community Development Director Carlberg stated the applicant is proposing outdoor display, © Regular Andover City Council Meeting Minutes — September 20, 2011 Page 7 1 storage, and sales along the front of their leased property. He reviewed the criteria of City Code 2 12 -14 -6 and the fire department review, which requires the canopy to have fire suppression 3 systems or not allow the storage of combustible items. He stated the Planning Commission 4 recommended approval of the conditional use permit with an additional condition that no 5 combustible items be displayed outdoors. 6 7 Councilmember Knight clarified the area that is being requested is up to 4 -feet in front of the full 8 length of the store. 10 Community Development Director Carlberg stated this is correct but the area in front of the door 11 would be kept clear. 12 13 Councilmember Trude clarified the applicant was asking for approximately 120 square feet of 14 additional sales space in the front of their store and they have approximately 3,000 square feet 15 inside of their store 16 17 Community Development Director Carlberg stated this was correct. 18 C19 Mayor Gamache stated the City has other facilities, such as Festival Foods and County Market 20 that are allowed to have displays outside. He asked if these facilities had fire suppression 21 sprinklers in their canopies. 22 23 Community Development Director Carlberg stated Festival Foods has a sprinkler system in the 24 canopy but he was not sure about County Market. 25 26 Councilmember Trude stated she had talked with the Fire Marshal and there are not concerns 27 with items such as plants but rather with highly combustible items. It will be up to the Fire 28 Marshal to determine what is combustible and what is not. She asked if having combustible 29 items on display was the major issue with this request. She stated she did not like the idea of 30 every retail store in the City displaying merchandise outside. This makes it look like a continual 31 sidewalk sale. 32 33 Mayor Gamache stated it is not uncommon for thrift stores and consignment shops to display 34 their merchandise outside. This draws people into their stores. He stated the Council should not 35 deny Time to Thrift the ability to display outside when County Market, which is located in the 36 same mall displays outside. 37 38 Community Development Director Carlberg stated the concerns from the Fire Department were 39 addressed with the addition of Condition 3. Only non - combustible items shall be displayed 40 outdoors. The Fire Department and the applicant could work together to determine what items 041 would be considered combustible and non - combustible. 42 43 Councilmember Trude stated she was concerned about approving the 4 -feet being requested. r Regular Andover City Council Meeting Minutes —September 20, 2011 Page 8 This would make it difficult for people with wheelchairs to get through because the merchandise would be too close to the pillars located outside of the store. This would also obstruct the curb cuts. Displaying merchandise outside should be done when there is a sidewalk sale, seasonal sale or going out of business sale but not for general business. The City needs to consider if this request is approved then the other stores in the City may request the same thing and this could lead to a problem in the City. There may be items displayed that the City would not find appealing. She asked if this would be the new look of Andover the City wants to promote. There are smaller, singular items such as plants that could be put in front of stores to promote business and draw attention. She stated the store has three large windows that can be used to display signs 10 and merchandise to draw attention. 11 12 Ms. Jackie Egan, Time to Thrift, clarified the amount of space being requested was 4 -feet wide 13 and by 25 -feet. It would be 29 -feet in length due to the 4 -feet clearance for the doors. She stated 14 there is a consignment store in the same mall that also displays things outside without a 15 Conditional Use Permit. She was not made aware of this requirement until the City had 16 approached her because of a complaint they received. She would like to be able to display 17 merchandise outside like the other businesses in the mall. If she had known there would be 18 chance that the Conditional Use Permit would not be approved because the canopy did not have 19 sprinklers she would not have paid the $1,000 application fee. She stated she has looked at other 20 businesses in the City and there are violations throughout the City. The owner of the building 21 has approved her request to display merchandise outside. 22 23 Community Development Director Carlberg clarified the other consignment store would also be 24 applying for a Conditional Use Permit to display merchandise outside. They do not have one at 25 this time. 26 27 Mayor Gamache stated having merchandise in front of the store would draw in people and 28 increase business. It is not uncommon for these types of businesses to display merchandise 29 outside. The pictures provided show the store keeps the merchandise close to the wall and keeps 30 the sidewalk open. It also appears the merchandise is no more than 3 -feet in front of the store. 31 He asked if Ms. Egan would be agreeable to reducing the maximum requested to 3 -feet. He 32 asked if this would allow for wheel chair access. 33 34 Ms. Egan stated she would be agreeable to reducing the maximum request to 3 -feet. She 35 explained with the type of construction materials of the building there would be no way for 36 things to catch fire in front of the building. She asked why her business was being targeted for 37 this particular violation. 38 39 Community Development Director Carlberg stated the space between the merchandise and the 40 edge of the sidewalk would comply with the ADA requirements. 041 42 Councilmember Trude explained the sprinkler requirement for the canopy was part of the fire 43 code and the City could not change this. The Fire Department is willing to allow merchandise as Regular Andover City Council Meeting Minutes — September 20, 2011 Page 9 long as it is non - combustible. The Fire Chief will need to determine what is considered combustible and non - combustible. Mayor Gamache stated relative to code violations the City operates on a complaint basis. When there is a complaint the City will respond to this but the City does not have the staff needed to proactively go through all the businesses in the City and look for every violation. 8 City Administrator Dickinson stated the Fire Department has done additional inspections and 9 sent out letters to businesses that are violating City Fire codes but this is not part of the City's 10 daily routine. Once the City received the complaint for Time to Thrift based on the complaint 11 policy of the City staff were required to respond, because the business was found to be in 12 violation of the City codes the Conditional Use Process was started to bring the business back 13 into compliance. 14 15 Mayor Gamache stated the City should be open to these requests for this type of business as long 16 as there is adequate space on the sidewalk to allow wheel chairs to pass and the fire codes are 17 being followed. 18 Q19 Ms. Egan clarified she is not asking for the Council to allow her to display combustible 20 merchandise. She would just like to be able to display the type of boutique and household 21 furnishings and other items she sells. 22 23 Councilmember Trude stated the Council needs to follow the process set forth by the City codes 24 and this includes applying for the permit, the Fire Department and Law Enforcement can review 25 the request, then review by the Planning Commission, and approval by the City Council. The 26 Fire Department and fire codes need to be followed and these are not negotiable. 27 28 Councilmember Bukkila suggested reducing the maximum amount of space to 3 -feet from the 29 front door and only on the side of the store opposite from the Panda Garden. This would allow 30 for space on the sidewalk. 31 32 Ms. Egan stated removing the merchandise from beside Panda Garden would not be 33 advantageous. She has talked with the owners of Panda Garden about possibly putting together a 34 promotional card for both businesses. She would like to be able to keep merchandise on this side 35 of the front door. 36 37 Councilmember Trude suggested allowing a maximum of 3 -feet in front of the store the width of 38 the stores sign. This would decrease the overall length. She also suggested limiting the type of 39 merchandise that can be displayed beyond just being non - combustible. 40 41 Motion by Councilmember Knight, Seconded by Mayor Gamache to approve Conditional Use 42 Permit 11 -05 for outdoor display, storage, and sales for Time to Thrift at 13735 Round Lake 43 Boulevard with a maximum width of 3 -feet on the sidewalk. Regular Andover City Council Meeting Minutes — September 20, 2011 Page 10 Councilmember Trade stated she would not support this motion for the full length of the store. Councilmember Bukkila stated she would like to see the amount of space reduced even more. The motion was called to a vote. The motion failed 2 ayes, 2 nays (Trade, Bukkila). 9 Ms. Egan stated she would be agreeable to reducing the amount of space but not eliminating the 10 ability to display on both sides of the entrance. 11 12 City Administrator Dickinson suggested limiting the display area to 9 -10 -feet on either side of 13 the door. 14 15 Councilmember Trade asked if Ms. Egan would be agreeable to limiting the display area to just 16 in front of the windows. She also suggested Ms. Egan put up signs to advertise her business 17 rather than increase the amount of outdoor merchandise that is displayed. 18 19 Ms. Egan explained displaying merchandise outside allowed people to know what type of 20 merchandise she had and also did not add expenses she did not need. 21 22 Councilmember Bukkila clarified the area being recommended for display was the inside frame 23 of the window closest to the door and the same distance on the other side of the door. This 24 would keep the area from becoming cluttered and still allow wheel chair access. The City needs 25 to consider the future implications of what they are being asked to approve. It is not just the 26 request of one business but it could potentially lead to other businesses asking for the same thing 27 and this could cause problems in other areas of the City. 28 29 Community Development Director Carlberg stated staff could make this measurement and add 30 the exact numbers into the Conditional Use Permit. 31 32 Councilmember Trade stated the City has not allowed outside merchandising to this degree and 33 she would like to see the City limit the type of merchandise that can be displayed. She suggested 34 adding Condition 4 limiting the merchandise that can be displayed to the merchandise of the 35 current tenant only and Condition 5 the CUP would be reviewed annually and additional 36 restrictions applied as determined by the City Council. If there were complaints received by the 37 City this would allow the City an opportunity to change the restrictions on the CUP. She would 38 also like to add Condition 6 stating the CUP would terminate at the end of the lease of the current 39 tenant. 40 0,41 Community Development Director Carlberg stated Conditional Use Permits are applied to the 42 facility not the tenant and would expire if the Conditional Use Permit is not used for a period of 43 1 -year. Regular Andover City Council Meeting Minutes —September 20, 2011 Page 11 1 City Attorney Baumgartner explained under 462.3595 subd 3, the Conditional Use Permit shall 2 remain in effect as long as the conditions agreed upon are observed, but nothing in this section 3 shall prevent the municipality from enacting or amending official controls to change the status of 4 conditional uses. As long as the user maintains and follows the conditions of this permit then it 5 will remain in effect. The City could limit the items that are displayed beyond non - combustible 6 merchandise but the CUP would be for the property not the tenant and as long as the conditions 7 of the CUP are being maintained then the CUP would not terminate. 9 City Administrator Dickinson explained the owner of the property had approved the display of 10 merchandise outside. He suggested the City consider limiting the merchandise to boutique and 11 household furnishings. 12 13 Mayor Gamache asked what the City was agreeing to by approving the proposed CUP. 14 15 Community Development Director Carlberg stated with the 3 conditions as they are proposed the 16 City would be allowing any non - combustible merchandise to be displayed in the 4 -foot by 29- 17 foot area in front of the Time to Thrift location for this tenant and any future tenants as long as 18 the conditions of the CUP are followed. The CUP would no longer be in effect after a period of Q19 1 -year of nonuse. 20 21 Councilmember Trade asked if the City would need to limit the hours the merchandise can be 22 displayed. 23 24 Community Development Director Carlberg explained the merchandise can only be displayed 25 during the hours of operation for the business. 26 27 Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve Conditional 28 Use Permit 11 -04 for outdoor display, storage, and sales for Time to Thrift at 13735 Round Lake 29 Boulevard with the following conditions: 1. Changing the maximum to 3 -feet and the exact 30 width to be established by staff based on the direction of Council, 4. Limit the merchandise that 31 can be displayed to boutique merchandise and home furnishing owned by the current tenant and 32 5. The CUP may be reviewed annually and additional restrictions may be imposed. 33 34 Community Development Director Carlberg explained if someone were not complying with the 35 conditions of the CUP then the City would address this or could possibly revoke the CUP. 36 37 Councilmember Trade asked if the applicant could display more items than what is approved. 38 39 Community Development Director Carlberg stated the applicant would have to amend their CUP 040 and have this approved by the City Council. 41 42 City Attorney Baumgartner suggested adding Condition 6. The applicant must comply with all 43 applicable City ordinances and State laws. Regular Andover City Council Meeting Minutes —September 20, 2011 Page 12 Councilmember Trude suggested staff look at refunding a portion of the application fee for Ms. Egan due to the misunderstanding she has encountered with the Fire Code issues. City Administrator Dickinson stated he would review the fee and the costs the City has incurred with this application and determine a refund amount for the applicant. The motion with the addition of the recommended Condition 6 suggested by the City Attorney was called to a vote. 10 The motion carried unanimously. (See Resolution R074 -11) 11 12 13 CONDITIONAL USE PERMIT (11 -05) FOR OUTDOOR STORAGE AND INTERIM 14 PERFORMANCE STANDARDS AT 3160 -162ND LANE NW 15 16 Community Development Director Carlberg stated Elite Contractors is proposing to construct a 17 new building for storage of vehicles and equipment related to their business. He explained the 18 plan including new landscaping, proposed sign location, a new well, new drain field, and 19 potential future garage site. He reviewed the criteria from City Code 12 -14 -6 B and the interim 20 performance standards from City Code 12- 13 -22. Staff is recommending approval of the 21 proposed conditional use permit for outdoor storage and the interim performance standards as 22 described and the Planning Commission unanimously recommended approval. 23 24 Mayor Gamache asked if the landscaping plans met all of the City's requirements. 25 26 Community Development Director Carlberg explained the plan did not meet all of the City's 27 requirements but under the interim performance standards the City could accept less than the 28 standard requirements. 29 30 Councilmember Trude suggested additional screening such as bushes should be added to screen 31 the garage and storage area. Staff would need to determine the appropriate amount of bushes to 32 accomplish this. 33 34 35 36 37 38 39 40 Wj 41 Motion by Councilmember Trade, Seconded by Councilmember Knight, to approve Conditional 42 Use Permit (11 -05) for outdoor storage and interim performance standards at 3160 162nd Lane Councilmember Bukkila asked if the building standards were being compromised for the proposed garage. She stated she would also like to see the outdoor storage area screened. Community Development Director Carlberg stated the building would be similar to what is in that area. He stated the applicants would not be opposed to doing additional screening of the outdoor storage along Round Lake Boulevard. 43 NW with the following changes: item C. Screening of the outside storage area shall be provided Regular Andover City Council Meeting Minutes — September 20, 2011 Page 13 1 by a chain link fence with slats that are similar in color to the proposed building and additional 2 landscaping as approved by the Andover Review Committee (ARC) following the Council 3 meeting of September 20, 2011. All dumpsters shall be similarly screened and item D. The 4 landscaping shall be installed and maintained as approved by ARC during the term of the CUP 5 The motion carried unanimously. (See Resolution R075 -11) 8 APPROVAL OFMINUTES 9 10 August 23, 2011, Workshop Meeting: 11 12 Councilmember Trude requested the following change: page 2, line 9 should be changed to 13 " Councilmember Jacobson stated the paving of the City's park parking lots is included in this 14 plan, but given the substantial cost the Parks Commission may want to reconsider this 15 expenditure." 16 17 Councilmember Trude requested the following change: page 2, line 19 should be changed to 18 "including amenities for children rather than for cars, in our rural parks, due to the current 19 shortage of funds." 20 21 Councilmember Trude requested the following change: page 3, line 27 should be changed to 22 " Councilmember Trude suggested the Park Commission consider limiting the mini shelters with 23 grills to higher density housing areas because neighborhoods with single family homes tend to 24 have their own grills." 25 26 Councilmember Trude requested the following change: page 5, line 10 should read 27 "neighborhood had done the work to save money to purchase more equipment." 28 29 Councilmember Trude requested the following change: page 5, line 13, add "Mr. Haas explained 30 the playground construction is no longer hired out, but done in house so there would be no 31 savings with a self build." 32 33 Councilmember Trude requested the following change: page 6, line 17 should be changed to 34 "She stated a potential location could be on the south side of Andover Boulevard, across from the 35 High School. Another suggested location could be across from Sunshine Park on Crosstown 36 Boulevard and Nightingale Street, the city is purchasing this property." 37 38 Councilmember Trude requested the following change: page 7, lines 30, 31, and 32 should be 39 changed to "met these requirements. She continued stating that the standards allow for a time 040 extension on approved projects." 41 42 Councilmember Trude requested the following change: page 8, line 20 the word "are" should be 43 changed to "were ". Regular Andover City Council Meeting Minutes —September 20, 2011 Page 14 1 Councilmember Trude requested the following change: page 9, line 40 the word "sited" should 2 be changed to "cited ". 3 4 Councilmember Trude requested the following change: page 12, line 9 the words "sanitary 5 sewer" should be replaced with "water main ". 6 7 Councilmember Trude requested the following change: page 12, line 12 should read "A future 8 sanitary sewer pipe can be run through the wetlands to serve this area, as long as the wetlands are 9 restored." 10 11 Councilmember Trude requested the following change: pagel2, line 14, the first sentence should 12 read " Councilmember Trude stated it would be a good idea for the City to consider installing 13 sanitary sewer along with the water for future development of this area." 14 15 Councilmember Trude stated on page 14, line 3 was a misstatement. She asked Councilmember 16 Bukkila if this was a correct statement because she saw the YMCA program as an expansion of 17 what the City had. 18 19 Councilmember Bukkila stated the minutes reflect what she had said. 20 21 Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the August 23, 22 2011, Workshop Meeting minutes as amended. Motion carried unanimously. 23 24 September 6, 2011, Regular Meeting: 25 26 Councilmember Trude clarified there were three lots the City was looking at acquiring. 27 28 City Administrator Dickinson stated there were four lots total and the City owned one of these 29 lots. 30 31 Motion by Councilmember Trude, Seconded b y Councilmember Bukkila to approve the 32 September 6, 2011, Regular Meeting minutes as presented. The motion carried unanimously. 33 34 35 SCHEDULE EDA MEETING 36 37 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to schedule an 38 Economic Development Authority (EDA) meeting at 6:00 p.m. before the October 4, 2011 City 39 Council meeting. The motion carried unanimously. 40 041 42 43 © Regular Andover City Council Meeting Minutes —September 20, 2011 Page 15 SCHEDULE OCTOBER WORKSHOP Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to schedule an October Council workshop for October 25, 2011 at 6:00 p.m. The motion carried unanimously. ADMINISTRATOR'S REPORT 9 City Administrator Dickinson updated the Council on the administration and city department 10 activities, legislative updates, an update on development/CIP projects and meeting 11 reminders /community events including the joint workshop scheduled next week with the 12 Community Center Advisory Commission and the turnout for Recycling Day. He also stated the 13 trees have been marked along South Coon Creek Drive that are within the right -of -away. There 14 are 42 new construction homes in the City for 2011 and the budget was for 35. The YMCA and 15 the Community Center came together and worked with Foundation Hill Montessori during their 16 water main break. Quotes for the Woodland Estates drainage project will be received and 17 reviewed with a potential of starting the project by the end of September. 18 19 Councilmember Trude asked how many trees would be affected by the South Coon Creek Drive 20 project. She stated she does not want a wholesale removal of trees just because they are in the 5- 21 foot zone. 22 23 City Administrator Dickinson stated the final design has not been completed so the exact number 24 of trees needed to be removed has not been determined. 25 26 Community Development Director Carlberg stated he had taken the Rum River tour and felt this 27 is a wonderful asset for the community. He recommended residents view the City's website and 28 the new Economic Development link and provide any comments or feedback 29 30 31 MAYORICOUNCIL INPUT 32 33 (Condolences to Abler) Mayor Gamache expressed condolences to Representative Abler for the loss 34 of his son, Josiah. Representative Abler had been helpful to the residents of Andover and is well 35 known in the community. 36 37 (City's Website) Councilmember Trude stated the City's website looks more professional and she 38 had enjoyed Community Development Director Carlberg's presentations this evening. 39 40 (Open City Council position) Councilmember Trude stated the Council has begun interviewing for 041 the open City Council position and will be continuing interviews and making a decision in the near 42 future. 43 © Regular Andover City Council Meeting Minutes — September 20, 2011 Page 16 1 2 ADJOURNMENT 3 4 Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to adjourn. Motion 5 carried unanimously. The meeting adjourned at 9:33 p.m. 6 7 Respectfully submitted, 8 9 Tina Borg, Recording Secretary 10 11 E H © Regular Andover City Council Meeting Minutes —September 20, 2011 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —SEPTEMBER 20, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 CONSENTITEMS .......................................................................................... ............................... 1 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Receive Assessment Roll /Order Public Hearing/11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction (See Resolution R072- 11) ........................................... ............................... 2 Item 4 Declare Cost/Order Assessment Roll/10 -30/ Crosstown Drive NW Reconstruction (See Resolution R073- 11) .................................................................... ............................... 2 Item 5 Approve Quote/Paving Project for Public Works ......................... ............................... 2 Item 6 Approve Wine License /State of Bean ............................................ ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 PUBLIC HEARING:SPECIAL BOW HUNT REQUEST SMITH'S ROLLING OAKS AREA.. 2 PUBLIC HEARING: SPECIAL BOW HUNT REQUEST — BARNES ROLLING OAKS AREA ..................................................................................................................... ............................... 6 CONDITIONAL USE PERMIT(11 -04) FOR OUTDOOR DISPLAY, STORAGE AND SALES FOR TIME TO THRIFT AT 13735 ROUND LAKE BOULEVARD (See Resolution R074- 11) ............................................................................................................................................... 6 CONDITIONAL USE PERMIT(11 -05) FOR OUTDOOR STORAGE AND INTERIM PERFORMANCE STANDARDS AT 3160 -162ND LANE (See Resolution R075- 11) ............. 6 APPROVAL OF MINUTES .......................................................................... ............................... 13 SCHEDULE EDA MEETING ....................................................................... ............................... 14 SCHEDULE OCTOBER WORKSHOP ........................................................ ............................... 14 ADMINISTRATOR'S REPORT ................................................................... ............................... 15 MAYOR/COUNCIL INPUT ......................................................................... ............................... 15 (Condolences to Abler) .................................................................................. ............................... 15 (City's Website) ............................................................................................. ............................... 15 (Open City Council position) ......................................................................... ............................... 15 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP 7 CITYCOUNCIL VACANCYINTERVIEWS 8 SEPTEMBER 21, 2011 9 MINUTES 10 11 12 The Andover City Council Workshop was called to order by Mayor Mike Gamache, September 21, 13 2011, 6:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 14 15 Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trude 16 Councilmember absent: None 17 Also present: City Administrator, Jim Dickinson 18 19 20 INTERVIEW CANDIDATES FOR CITY COUNCIL VACANCY 21 22 Brian Haugen 1 23 24 Mr. Haugen explained to the Council why he would like to be appointed to fill the City Council 25 vacancy. 26 27 Councilmember Knight asked if he has any priorities for the Council. Mr. Haugen stated that he 28 does not have a specific goal to accomplish. 29 30 Councilmember Trude asked what he sees as the role of the Council and what is needed in Andover 31 currently. Mr. Haugen stated that this involves the budget which has gone through some changes. 32 He recommended being innovative in using suppliers and contractors to tighten the budget. 33 34 Councilmember Bukkila asked why Mr. Haugen should be selected over the other candidates. He 35 reviewed that he came in third in the election which was just behind the two elected candidates. He 36 explained the ways that he is connected in the community personally and professionally. 37 38 Councilmember Trude asked for what his role would be on the Council. Mr. Haugen stated that he is 39 in support of good academics and athletics to keep the youth involved. 40 41 Mayor Gamache asked what city Andover could be compared to. Mr. Haugen replied that because it 42 is a more open city he would compare it to Eagan and Apple Valley. 43 44 Mayor Gamache reviewed the other City commissions and advisory boards. He asked for an 045 explanation of their roles in the city. Mr. Haugen reviewed that a board like Parks, is an advisory 46 board which looks into things more and makes recommendations to Council. 47 48 Councilmember Bukkila asked specifically how Mr. Haugen would handle a complaint about © Andover City Council Interviews for City Council Vacancy Minutes —September 21, 2011 Page 2 1 bonfires disturbing the neighbors. Mr. Haugen stated he would ask the resident if they addressed the 2 issue directly with the neighbor first, and then go from there on up the chain of command. He stated 3 that if the bonfire was within the laws and was not hurting anyone he would not have control over 4 the situation. 5 6 Councilmember Trude asked how he would handle a junk car in a neighborhood driveway. Mr. 7 Haugen stated that would be a nuisance. 8 9 Councilmember Bukkila asked where the government gets involved and where it is private. Mr. 10 Haugen stated that he is not in favor of emminent domain generally but if it is for the overall good it 11 should be considered. He stated that for a decision about hunting, the DNR guidelines need to be 12 referenced. He stated that he would check with neighboring cities and consider the openness of the 13 area to make a decision. 14 15 Mayor Gamache asked if there are any questions. Mr. Haugen stated that he was talking to staff 16 before the meeting and understands the process from that. 17 18 Councilmember Trude reviewed that his application has a comment about spending less money than 19 what they take in. Mr. Haugen stated that he does not have a problem with cities taking on debt if it 20 is well managed. 21 22 Councilmember Knight asked what Mr. Haugen would do if he was a one person minority. Mr. 23 Haugen stated that is why there is a group on the Council, so they can learn from each other and at 24 times agree to disagree. 25 26 Todd Craft 27 28 Mr. Craft explained to the Council why he would like to be appointed to fill the City Council 29 vacancy. 30 31 Councilmember Knight asked what city Andover can be compared to. Mr. Craft stated that it has 32 been compared to Edina in the past but is not sure why. He commented that people in Andover want 33 to hunt from their yard and others want to ride their bikes around so there are a variety of residential 34 needs. He stated other communities should want to be like Andover. 35 36 Mayor Gamache asked what should be done to improve the city. Mr. Craft supported a continuation 37 of an increased number of restaurants in the community. He supported analyzing park use. He 38 commented that he hates debt but it is necessary sometimes. He supported spending within the 39 means of the city. He added that it is nice to have the city provide basic services. ©40 41 Councilmember Trude asked if he is against creating debt for the city for things like water treatment 42 plants and a fire truck. Mr. Craft stated that he is not as familiar with how a city finances things. He 43 stated that building has slowed down and while it is at this level the spending needs to be matched to 44 that. Q Andover City Council Interviews for City Council Vacancy Minutes —September 21, 2011 Page 3 1 Councilmember Trude asked if he would be an asset to draw more business to Andover. Mr. Craft 2 agreed that there should be investing into the community. 3 4 Councilmember Knight asked if he is familiar with TIF financing. Mr. Craft stated that he is not 5 familiar with this. 6 7 Councilmember Bukkila asked where Mr. Craft would make an addition to Council from his 8 background. Mr. Craft commented that he will be learning the position as he fills in. He added that 9 he would like to work and be part of the solutions for Andover. 10 11 Mayor Gamache asked how Mr. Craft would have voted last night on the hunting items. Mr. Craft 12 stated that he would go back to the city code. He stated that none of the reasons to have a special 13 hunt fit with the three options outlined in the code. 14 15 Mayor Gamache asked why Mr. Craft should be selected for the Council. Mr. Craft stated that he 16 has a solid background and a stable family. He added that he does not have a political platform to 17 address. He stated that he is a quick learner and that he would be an asset. He stated that he will 18 decide during the year if he wants to continue further and run for office. 19 20 Mr. Dickinson asked about BridgeLink and Mr. Craft's involvement. Mr. Craft stated that this is an 21 extension of Constance Free Church where he is involved. He stated his teams helped with cleaning 22 up yards and other community service projects for five years now. 23 24 Councilmember Trude asked if there is a specific area of interest for the city to address. Mr. Craft 25 stated that he would like to see businesses continue to be brought in for entertainment and 26 restaurants. 27 28 Mayor Gamache asked how requests would be handled from new residents who have moved from 29 neighboring cities to the south and are accustomed to additional services. Mr. Craft stated that he 30 understands Andover is a developing city that is set apart because it still has a rural feel. 31 32 Mayor Gamache asked if Mr. Craft has any questions. Mr. Craft replied that he does not have 33 questions at this time. 34 35 Ted Butler 36 37 Mr. Butler explained to the Council why he would like to be appointed to fill the City Council 38 vacancy. 39 ©40 Councilmember Trude commented that the Council is working to purchase some 4 -plex buildings on 41 Bunker Lake Boulevard and asked about involvement in this project. Mr. Butler recommended 42 looking at refreshing areas that are aging as the city develops so they can continue to attract new 43 people. He recommended creating a good business climate to encourage growth. He explained that 44 older housing areas want to see improvements to business communities and continued growth in Q Andover City Council Interviews for City Council Vacancy Minutes —September 21, 2011 Page 4 1 them. 2 3 Councilmember Bukkila asked for thoughts on bringing in Metro Transit or transit amenities. Mr. 4 Butler recommended talking to people to see what their usage would be and looking at the options to 5 bring in transit options. He suggested looking at the cost and weighing if there is demand for usage 6 beyond what currently exists. 7 8 Councilmember Knight asked if there are special projects Mr. Butler would like addressed. Mr. 9 Butler stated that from the Community Center Advisory Commission a teen center is being sought to 10 fill a need in the community. He stated that he has no specific project. 11 12 Mayor Gamache asked what city Andover could be compared to. Mr. Butler suggested Shoreview as 13 an option. He stated that the housing, businesses and quality of life are similar. He commented that 14 Andover has some unique developments that can be enhanced on to continue creating their own 15 identity. 16 17 Councilmember Trade asked what vision Mr. Butler has for Andover. Mr. Butler stated that he 18 would like business expanded on. He replied that he would like Andover storefronts to be full, he 19 would like Andover Station to remain intact and a good business climate continue in the city. He 20 recommended more full service restaurants in Andover. He recommended improving on the park 21 facilities to get more from what they already have. He suggested that the city partner with other 22 cities, the schools and the county to share resources. 23 24 Mayor Gamache asked why Mr. Butler should be selected to work on the Council. Mr. Butler stated 25 he has a record of serving the community. He stated that he is open to ideas and willing to work 26 toward consensus. He stated that a strength he has is to work as a team. He reviewed that he has 27 leadership experience in his career and in the community. His finance background would be 28 beneficial. 29 30 Councilmember Trade asked if he would want to run for Council in the fall following his 31 appointment. Mr. Butler stated that he would consider running in the fall. He stated that he ran for 32 the State Legislature in 2008. He stated that he has no ambitions to run for other offices as he is 33 focused only on Andover. 34 35 Mayor Gamache asked if Mr. Butler has any questions. Mr. Butler asked what the Council sees 36 happening in order to get businesses in the city. He stated that he would like the Councils view point 37 because if he serves he would like to know their insights. 38 39 Mayor Gamache stated that there have been some changes made to level the field and make Andover 40 attractive to businesses. He reviewed that these include water hookup and lot coverage. He stated 041 that with the Sheriffs Office and surrounding businesses this is hoped to spur development, in 42 particular restaurants. 43 44 Councilmember Knight commented that he would like to see development of a business strip from © Andover City Council Interviews for City Council Vacancy Minutes —September 21, 2011 Page 5 1 Round Lake Boulevard to Hanson Boulevard. He added that he would like to see the commercial 2 centers along Round Lake Boulevard and Hanson Boulevard receive more promotion. 3 4 Councilmember Trude stated that statistics on the website were helpful and the new website has been 5 helpful as well. She reviewed that staff has been instrumental in carrying out ideas so 6 communication with businesses has improved. 7 8 The Council discussed the candidates for City Council. 9 10 Mayor Gamache recessed the meeting at 8:52 p.m. 11 12 Mayor Gamache reconvened the meeting at 8:59 p.m. 13 14 The Council discussed the candidates for City Council and made a decision. 15 16 Motion by Bukkila, Seconded by Knight, to appoint Tony Howard to the City Council. Motion 17 carried unanimously. 18 19 OTHER DISCUSSION 20 21 None. 22 23 ADJOURNMENT 24 25 Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 26 adjourned at 9:05 p.m. 27 28 Respectfully submitted, 29 30 Beth Bostrom, Recording Secretary 31 Timesaver Off Site Secretarial, Inc. EAW C AI 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: October 4, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $131,358.02 on disbursement edit list #1- 4 from 09/16/11 — 09/30/11 have been issued and released. © Claims totaling $126,840.24 on disbursement edit list #5 dated 10/04/11 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 REQUESTED The Andover City Council is requested to approve total claims in the amount of $258,198.26. Please note that Council Meeting minutes will be used as documented approval. 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U s. 5 a 0 q u H Q !�1 v d d ai in U .O z u a� q A q m q q O Qi q O «� I n. u d .=1 z d H O O z z b b U u w w U U .ti O N O O 7 C) C� O O o � clq U xItIt U ti U 0 0 � U Q Uvv Q U �'D A: v d d ai in U .O z u a� q A q m q q O Qi q O «� I n. u d .=1 z d H O O z z b b U u w w U U .ti O N O O 7 C) C� O O clq x xItIt U ti U 0 0 Uo Uvv 0 N O O O O 00 O � O O w woo > x 6 N U b a va O O N N V f4 l� O n D \ r O O N N Cd a o: 0 0 N N j Ili U 109 9 O 3aax x ON N U U F M �D x O O >Itr t V N N O 7 N U U L4 0 w U w � 40 7a -C� F F a =N O 0 N rn N O O 0 a U N 7 0 H H 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Adminis FROM: David D. Berkowitz, Director of Engineer SUBJECT: Approve Quit Claim Deed/Grey Oaks 2nd Addition - Engineering DATE: October 4, 2011 INTRODUCTION The City Council is requested to approve the Quit Claim Deed for a drainage and utility easement for the Grey Oaks 2nd Addition plat. DISCUSSION Staff has been working with the developer of Grey Oaks 2nd Addition to resolve a grading/drainage issue that was the result of incorrect grading of the first lot that was built on. Attached is a location map of the plat, quit claim deed and easement drawing. Lot 3, Block 1 has been purchased by Mike McManus who is willing to grant the easement to the City. Once the deed is approved by the City Council it will be recorded with the County. BUDGETIMPACT All cost related to this grading/drainage issue, including the recording fee will be paid by the developer. ACTION REQUIRED The City Council is requested to approve the Quit Claim Deed for Grey Oaks 2t,d Addition. Respectfully submitted, bv;. ro. David D. Berkowitz Attach: Location Map, Quit Claim Deed & Easement Drawing WINN A110- off mmr�' INK ■ our t■ M. to MIN so IS an i MM _ x (Top 3 Inches reserved for recording data) QUIT CLAIM DEED Individuals) to Business Entity DEED TAX DUE: DATE: .2011 FOR VALUABLE CONSIDERATION, Michael A. McManus, a single person ( "Grantor"), hereby conveys and quitclaims to the City of Andover a municipal corporation under the laws of Minnesota ("Grantee), real property in Anoka County, Minnesota, legally described as follows: See Attached Exhibit A Total consideration for this transaction Is less than $500. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, Check applicable box., The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor Michael A. McManus ECB -1032 Page 1 of 2 Page 2 of 2 QUIT CLAIM DEED © State of Minnesota, County of Anoka This instrument was acknowledged before me on �t� b-f-, J�b 2011, by Michael A. McManus, a single person. (Stamp) MICHELLE L. RT'!r R Not ary Public Mnnnesota My Gammission Expires J.an4anJ 31, 2015 THIS INSTRUMENT WAS DRAFTED BY: Nash Law Firm 2175 Northdale Blvd. NW Andover, MN 5433 L_ J lip] (sgna ofnorarrar Title (and Rank):! �? My commission expires: (mmWday4e84 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Michael A. McManus 1732155^ Lane NW Andover, MN 55304 H EXHIBIT A A 10.00 foot wide permanent easement for drainage and utility purposes over, under and across Lot 3, Block 1, GREY OAKS SECOND ADDITION, Anoka County, Minnesota. The center line of said easement is described as follows: Commencing at the most southerly corner of said Lot 3; thence North 50 degrees 16 minutes 37 seconds East, assumed bearing along the southeasterly line of said Lot 3 a distance of 71.00 feet to the point of beginning of the centerline to be described; thence North 11 degrees 00 minutes 00 seconds East, a distance of 40.00 feet and said centerline there terminating. EXCEPT that part of the above described easement lying southeasterly of a line 10.00 feet northwesterly of and parallel with said southeasterly line of said Lot 3. AND QA permanent easement for drainage and utility purposes over, under and across said Lot 3 lying northeasterly of a line and its extensions that intersects the southeasterly line of said Lot 3 distant 97.00 feet northeasterly as measured along said southeasterly line from the most southerly corner of said Lot 3 and intersects the northerly line of said Lot 3 distant 100.00 feet northeasterly as measured along said northerly line from the northwest corner of said Lot 3. EXCEPT that part lying northerly of a line 10.00 feet southerly of and parallel with said northerly line and lying easterly of a line 10.00 feet westerly of and parallel with the east line of said Lot 3. l=J •`\ \ / / ' b Q K / a co `iPn1 ww No 1 fl I IV (� �.. f` `• t' `'+,.:P: }':i': �4= ;..f'`: rte.. V \' _•n'� ' °�i�' .fb �•,., ��� u<, rda:' x.,17` i:::�,'i�. ���•`�y�??� ?'>:ry' � • �i( is 'tci. ,y. ^; •�' :';: r•�.v.1 -, ..!1w. ''4:�s_+r °: „: / UMMIN BIRD ST. N.W. —�-- _ a rn -- ----- - - -- ------- --"r"- !I N�cy 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -89 WW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David D. Berkowitz, Director of Public orks /City Engineer SUBJECT: Approve JPA/10-27/Bunker Lake Blvd. NW Reconstruction CSAH 7 to 38th Ave. - Engineering DATE: October 4, 2011 INTRODUCTION The City Council is requested to approve the Joint Powers Agreement (JPA) for the reconstruction of County State Aid Highway 116 (Bunker Lake Boulevard NW) between County State Aid Highway 7 (7th Avenue NW) and 38th Avenue NW. DISCUSSION The reconstruction of Bunker Lake Boulevard NW from 7th Avenue NW to 38th Avenue NW is scheduled for reconstruction in 2012. The Anoka County Highway Department has worked with staff © and the City Council over the past year to discuss design options. The county has added language in the JPA allowing a full access to the northwest quadrant of Bunker Lake Boulevard and 7th Avenue NW. Refer to page 2, Intersections section. Also included in the project and identified in the JPA is the additional trail that the City Council requested from Round Lake Boulevard to the original project limits near 38th Avenue NW. Refer to page 4, Bituminous Trail section. The total project cost is estimated at $7,575,827.96 in which the City's share after federal funds are deducted is $376,072.95. Staff has reviewed the JPA and has determined that the cost split for the project is consistent with past County projects and meets the Counties cost share agreement, therefore recommending approval. BUDGETIMPACT The City's portion of the project will be funded by Municipal State Aid Funds. The additional trail that is outside the project limits would be funded 80% by a Met Council grant and 20% match from the City and Anoka County Parks if the grant is awarded. If the grant is not awarded, the City Council will need to decide if the trail should move forward. If the grant is not received and the trail is to move forward the project would be funded by Municipal State Aid Funds and a reimbursement of some costs from Anoka County Parks. ACTION REQUIRED The City Council is requested to approve the Joint Powers Agreement for Bunker Lake Blvd. NW © Reconstruction CSAH 7 to 38th Ave., Project 10 -27. Respectfully submitted, �vaaQi' fJ. t David D. Berkowitz Attach: Joint Powers Agreement Anoka County Contract No. 2011 -0516 ® JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 116 (BUNKER LAKE BOULEVARD) BETWEEN CSAH 7 (SEVENTH AVE) AND 38TH AVENUE NW IN THE CITIES OF ANOKA, MN AND ANDOVER, MN (SP 02- 716 -12) THIS AGREEMENT is made and entered into this — day. of , 2011 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Andover, 1685 Crosstown Boulevard, Andover, MN 55304, hereinafter referred to as "City ". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct County State Aid Highway 116 (Bunker Lake Boulevard) from CSAH 7 (Seventh Ave) to 38th Avenue NW and, WHEREAS, said parties mutually agree that County State Aid Highway 116 between CSAH 7 and 38th Avenue NW is in need of reconstruction; and, WHEREAS, the County has prepared preliminary design plans for the reconstruction of County State Aid Highway 116 between CSAH 7 and 38th Avenue NW in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 116 between CSAH 7 and 38th Avenue NW and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE AND UNDERSTANDING The parties have joined together for the purpose of reconstructing the roadway, drainage, trail, and traffic control systems on a portion of CSAH 116 (Bunker Lake Boulevard) between CSAH 7 and 38th Avenue NW, and the extension of the trail construction to CSAH 9 (Round Lake Boulevard); as described in the plans and specifications numbered Anoka County Project S.P. 02- 716 -12 (hereinafter © referred to as "Project ") on file in the office of the Anoka County Highway Department. As part of the approval of the Project, the City and County have reached an agreement with regards to other matters which are described below: The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 02- 716 -12 between CSAH 7 and 38th Avenue NW is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Proj ect. It is agreed that the Exhibit "A" Layout dated September 27, 2011 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. IMPROVEMENTS: It is agreed by the parties that in 2012, CSAH 116 will be reconstructed to a four -lane section with concrete median to the extent shown in "Exhibit A ". Improvements include, but are not limited to: traffic signal reconstruction at CSAH 7, new traffic signal at 38th Avenue NW, right- and left -turn lanes, through lanes, shoulders, concrete curb and gutter, storm sewer with associated ponding, bituminous trail and noise walls based upon the findings of the noise study. INTERSECTIONS: As agreed by the parties, improvements to the following intersections have been incorporated in the Exhibit "A" Layout design: CSAH 116 / CSAH 7: Full Access Intersection with Traffic Signal CSAH 116 / Blackfoot St NW: Full Access CSAH 116 / 140th Ave NW: Right In / Right Out CSAH 116 / 38th Ave NW: Full Access Intersection with Traffic Signal CSAH 7 / Future city street connection north of CSAH 116: [The City has requested a fall access intersection at this future city street connection. This location is outside the limits of the center concrete median for this project, and not impacted by this project. Per County access spacing guidelines, there are three full accesses allowed between CSAH 116 and CSAH 20. Three full access locations along CSAH 7 between CSAH 116 and CSAH 20 will be allowed, with the first full access location to be located in the vicinity of the driveway for the CenterPoint Energy/Northern Natural Gas Co. site. The remaining two full access locations will be determined at a later date and are subject to agreement in a future JPA. This was approved at the January 25, 2011 City Council Workshop.] The City is currently working with City of Anoka staff on a traffic study for this area to determine what future local roadway network and intersection control will be necessary to facilitate development and accommodate existing and future traffic in the area. If this study determines that an alternative design provides benefit to the County roadway system, these changes may be incorporated into the design, pending County approval of the study. H RIGHT OF WAY: The parties agree that the County will acquire all necessary right -of -way and easements for the Project. Acquisition of any additional right -of -way and/or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. TRAFFIC SIGNALS: CSAH 116 and CSAH 7 Intersection: The parties agree that the existing traffic control signal system at the CSAH 116 and CSAH 7 intersection will be reconstructed with this project pending state and federal approval. The parties agree that the cost of the reconstruction of this signal pending the availability of Federal funding shall be standard County cost share; with 100% of the EVP reconstruction costs (50% City of Andover, 50% City of Anoka); and 25% of the traffic signal cost to the City of Andover, 25% of the traffic signal cost to the City of Anoka, and 50% of the traffic signal cost to the County. CSAH 116 and 38th Ave NW Intersection: The traffic analysis has determined that a traffic signal is warranted at the CSAH 116 and 38th Avenue NW intersection. The parties agree that a traffic control signal system will be constructed at this intersection with this project pending state and federal approval. The parties agree that the cost of this new traffic signal pending the availability of Federal funding shall be standard County cost share, with 100% of the EVP reconstruction costs (50% City of Andover, 50% City of Anoka); and 33.3% of the traffic signal cost to the City of Andover, 33.3% of the traffic signal cost to the City of Anoka, and 33.3% of the traffic signal cost to the County. DRAINAGE: The City shall pay for a percentage of the cost of the storm sewer system, including the detention basins and their outlet structures. The City portion of the cost is based on contributing flow through the storm sewer system to the detention basin determined by the product of contributing area and runoff coefficient. ENVIRONMENTAL ISSUES: A noise analysis has been performed as part of the Environmental Assessment process. It was concluded that noise walls would be feasible at one location in the City of Andover. The County has met individually with these property owners and. the homeowners have approved the noise wall on their property. © The parties agree that the costs of these improvements, pending the availability of Federal funding, shall be standard county cost share. The county pays 100% of the local share for the noise walls. The attached Exhibit C Cost Sharing Agreement is currently being modified to reflect this recent change in noise wall cost responsibility. The city pays for any costs above the base cost of the noise wall. BITUMINOUS TRAIL: CSAH 116 (Bunker Lake Boulevard) Trail: The parties agree that the construction of the bituminous trail along the north side of CSAH 116 is eligible for Federal funds and that the City will contribute all matching funds [except for the replacement of the existing trail west of CSAH 7, which is paid for by the County]. This trail location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. This trail is part of the County Regional Trail System and is eligible for potential funding through the Metropolitan Council's Regional Parks Capital Improvement Program after the project has been constructed and a request has been received from the City. If the Anoka County Parks and Recreation Department receives a letter of request from the City, the Anoka County Parks and Recreation Department will seek reimbursement for one -half of the City's share for trail construction along CSAH 116. If funds are secured, the Anoka County Parks and Recreation Department will reimburse the City with the additional funds received. The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County will pay for the design of the trail, wetland mitigation required by impacts caused by the trail, the additional right of way and easements required to construct the trail at the proper location, and any removal items, with the exception of soils, required to construct the trail. © CSAH 116 (Bunker Lake Boulevard) Trail from 38th Ave NW to CSAH 9 (Round Lake Blvd): The City has requested a trail connection between the east end of the project and 300 ft east of Underclift Street be included in the project. It has been agreed that the County will include the environmental analysis required for this trail connection in the Environmental Assessment document for the roadway project, with the City reimbursing the County for this work. The County will prepare preliminary and final construction plans for this trail connection, with the City reimbursing the County for ties work. The County will purchase the required right of way, with the City reimbursing the County for this work. The City shall be responsible for all construction costs for this trail connection. The City shall also be responsible for all floodplain mitigation, wetland mitigation, and all other associated costs related to the construction of this trail. This trail is part of the County Regional Trail System and shall follow the same process for reimbursement as discussed above. Anoka County Parks has applied for Transportation Enhancement funding through the Metropolitan Council in the amount of $273,400 that would fund 80% of the trail (only the trail cost and not the shoulder, curb and gutter, storm sewer and ponding costs). If funding is awarded the City will pay the upfront cost to construct the trail and be reimbursed when the funds are available in 2015/2016. If funds are not awarded the City will determine at that time if the trail project moves forward. CSAH 7 (Seventh Avenue) Trail: ® The parties agree that the construction of the bituminous trail along the east side of CSAH 7 is eligible for federal funds and that the City will contribute all matching funds [except for the replacement of the existing trail south of CSAH 7, which is paid for by the County]. This trail location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be 4 the responsibility of the City. The trail segment north of CSAH 116 is part of the County Regional Trail © System and shall follow the same process for reimbursement as discussed above. TRAFFIC CONTROL: The parties understand and agree that CSAH 116 will be closed to thru traffic during construction, but access for local traffic will be maintained during construction. The parties agree and understand the cost share for traffic control for the city shall be a prorated share based on the city project cost divided by the total project cost. DRIVEWAYS: The parties agree that all driveways affected (excluding those identified for removal) by the Project will be reconstructed in kind with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDS CAPING /STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape / Streetscape Guidelines. The City shall supply the signed plan sheets and specifications for the proposed landscape /streetscape. The total cost of the design as well as the construction cost above standard median cost will be at the expense of the requesting City or split between the requesting Cities. All construction documents must be submitted to the County by December 15, 2011. Future maintenance of any landscaping/streetscaping will be the sole responsibility of the city. UTILITIES: The parties agree that the Exhibit "A" Layout does not include specific proposed utility locations, as those will be determined during later stages of the design process. The City will be responsible for the design of any sanitary sewer and water main improvements and/or relocations due to road reconstruction, which will be incorporated into the project bid documents. The cost of the design of these features shall be the responsibility of the City. The cost of construction of these features, other than those relocations solely due to roadway reconstruction, shall be the responsibility of the City. The cost of construction of these features solely due to road reconstruction shall be the responsibility of the County. The City's design of the sanitary sewer and water main utilities are to include signed plans, specifications, and estimated quantities and cost. All construction documents must be submitted to the County by December 15, 2011. The City shall provide all City utility easement documents to the County upon signature of this agreement. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Lower Rum River WMO, city permits, as well as any other permits that may be required. The County also requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA. (e.g. setbacks, tree clearing ordinances, or any other city ordinances.) II. METHOD The County shall cause the construction of Anoka County Project SP 02- 716 -12, in conformance with proposed engineering plans and specifications. III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the "actual construction costs" and shall be so referred to herein. "Estimated construction costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $7,014,655.52. Federal funds available for ©the Project are capped at $4,708,480. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit B. The total estimated construction cost to the City is $603,628.59 (prior to application of federal funds available). After federal funding percentage is applied, the cost to the City for their share of the construction items of the Project is $327,782.66 ($603,628.59 minus $275,845.93, the federal funds available to the City). The City participation in construction engineering will be at a rate of eight percent (8 %) of their designated construction share of $603,628.59. The estimated cost to the City for construction engineering is $48,290.29. In summary, the total City share of this project is $651,918.88 (includes construction and construction engineering costs). The total cost to the city after federal funds have been applied including construction engineering is * $376,072.95 ( see summary below). *( $603,628.59 — $275,845.93 + $48,290.29 = $376,072.95, note: construction engineering costs are not federally eli ig ble) Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95 %) of its portion of the cost of the project estimated at $357,269.30. Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged will © be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5 %) of the City's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. Prior to city payment to the County, Anoka County shall provide the City a © copy of all cost participation documents submitted to MnDOT State Aid to assist the city in their application for MSA funding. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City shall at their sole expense, install and cause the installation of an adequate electrical power source to the service cabinet for the CSAH 116 /CSAH 7 traffic control signal system and the CSAH 116/38' Avenue NW traffic control signal system including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. The City shall enter into a separate agreement with the City of Anoka regarding cost sharing of the ongoing electrical power costs for the completed traffic control signals as applicable. X. MAINTENANCE 0 A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers /collectors) shall be the sole obligation of the City. 7 B. Maintenance of the bituminous trails shall be the responsibility of the City and Anoka County Parks and Recreation Department. The City shall be responsible for general routine maintenance such as, sweeping, clearing, plowing, trash removal and other incidental items. The County Parks and Recreation Department shall be responsible for long -term maintenance, such as bituminous overlays, crack sealing and replacement. Trail signage will be provided by and maintained by the County Parks and Recreation Department. C. Maintenance of crosswalk pavement markings shall be the responsibility of the City and the County. The County will be responsible for the maintenance of the crosswalk pavement marking for the crossings at the signalized intersections. The City will be responsible for all crosswalk pavement markings for any trail/sidewalk crossings at all city streets. D. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. E. Maintenance of the completed traffic control signal and signal equipment at the CSAH 116 /CSAH 7 intersection and the CSAH 116/38th Avenue NW intersection shall be the sole obligation of the County. F. The County shall maintain the said traffic signal controllers, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signals at the sole obligation of the County. © G. Painting of the traffic signal shall be the sole obligation of the County. Any variation of painting color standards will be billed to the City. H. Timing of the completed traffic control signal shall be determined by the County. I. Only the County shall have access to the controller cabinets. J. The traffic control signals shall be the property of the County. K. The City shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. L. All maintenance of the EVP Systems at the CSAH 116 /CSAH 7 intersection and the CSAH 116/38th Ave NW intersection shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. The City shall enter into a separate agreement with the City of Anoka regarding cost sharing of the ongoing EVP maintenance costs for the completed traffic control signal as applicable. M. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes §169.01, Subdivision 5, and §169.03. The City shall provide a list to the County Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. 0 N. Malfunctions of the EVP Systems shall be immediately reported to the County. 8 O. All timing of said EVP Systems shall be determined by the County. © P. In the event said EVP Systems or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. DWI Q. Anoka County shall be responsible for all maintenance of County installed noise walls. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Andover, 1685 Crosstown Boulevard, Andover, MN 55304, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. 9 He EM 01 XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. Rhonda Sivarajah, Chair Board of Commissioners ATTEST Jerry Soma County Administrator RECOMMENDED FOR APPROVAL LM Douglas W. Fischer, P.E. County Engineer APPROVED AS TO FORM LON Dan Klint Assistant County Attorney Dated: CTI'Y OF ANDOVER : : Dated: Dated: to 10 Mike Gamache Mayor Jim Dickinson City Administrator David D. Berkowitz, P.E. Director of Public Works /City Engineer Scott Baumgartner City Attorney 0 EXHIBIT `rC" COST - SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS Concrete Curb & Gutter Concrete Curb & Gutter for Median Construction Concrete Median Concrete Sidewalk Concrete Sidewalk Replacement Bikeways Bikeway Replacement Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer COUNTY SHARE 50% 100% 100% 0% 100% 0% 100 %, Unless existing trail not placed at edge of R/W 0% 100% based on state aid letter *2 Driveway Upgrades 100 %, in -kind Traffic Signals, new & replacements (communities larger than 5,000) '/s the cost of its w/ State Aid approved SJR legs of the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% EVP 0% Engineering Services *3 Right -of -Way 100% *4 CITY SHARE 50% 0% 0 *1 100% 0% 100% 0% 100% 0% based on state aid letter *2 100 %, of up- grades the cost of its legs of the intersection plus 1/2 the cost of the County legs of the intersection 0% 100% 100% *3 0% Street Lights 0% 100% Noise Walls 100 %, if not previously notified *5 100 %, if previously notified 5 *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right -of -way in excess of those right -of -ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right -of -way, in which case the Township or City may pay for that portion of the right -of -way. Acquisition of right -of -way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right -of -way costs, incurred by the County because a Township or City did not acquire sufficient right -of -way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. © *5 Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. 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N Ci T 5: H! 141 Ic, w Io w `41 w 141 w Ic, w In w w I, 14, � � � I, � � I, I, A A � � � w xw M- z 141 w 141 In In C I T Y O F� ND OVE © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrato FROM: David D. Berkowitz, Director of Pub i orks /City Engineer SUBJECT: Receive Assessment Roll/Order Public Hearing/10 -30 /Crosstown Drive NW Reconstruction - Engineering DATE: October 4, 2011 INTRODUCTION The City Council is requested to receive the assessment roll and approve the resolution ordering the public hearing on the proposed assessment for Projects, 10 -30, Crosstown Drive NW. Reconstruction. DISCUSSION During the summer of 2011, Crosstown Drive NW was reconstructed. In accordance with the City's Assessment Manual (Policy and Procedures Guide) the City Council approved assessing the benefitting © properties 15% of the project costs outside of the trail costs and extra depth for the road section. The final assessment for each property (commercial and residential) is identified on the attached List of Assessed Properties. Also attached for your information is the Final Assessment Worksheet. The total project cost is $324,163.70. The City's cost for the project is $287,942.69 and the remaining $36,221.01 will be assessed to the benefitting properties. The Assessment Roll is on file in the City Clerk's office for review. BUDGET IMPACT The project is funded from the City's Road & Bridge Fund (in turn reimbursed through the City's Municipal State Aid funds). The oversizing of the roadway section and trail construction is funded by the City and the remaining project cost is funded 85% by the City and 15% to benefitting properties. Based upon current market conditions, the assessment roll is extended over a 10 -year period at a 4.5% interest rate. The City Road & Bridge Fund will pay the City lot assessment at 13875 Crosstown Boulevard NW. ACTION REQUIRED The City Council is requested to receive the assessment rolls and approve the resolution ordering the public hearing on the proposed assessment for Project 10 -30, Crosstown Drive NW Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Resolution, Summary of the Assessment Roll & Final Assessment Worksheet L: J H U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 10 -30 CROSSTOWN DRIVE NW RECONSTRUCTION . WHEREAS, by a resolution passed by the City Council on September 20, 20111 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 10 -30 . WHEREAS, the City Clerk.has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 15t day of November , 2011 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of October , 2011 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor voting O W G O C N a z 0 F 0 M z O � O O ` Q y L 0 U U U List of Assessed Properties Exhibit 6 ao ? w V oo V co V oo V ao R oo R �o v1 .nmroaM�c H V r N V 00 v1 C OG n OG n OC r OC n OC n OG oG n V V OG r M G OC n �O Vl „y' N W O N N N N N c N (� N (� �. n Q cl N N V a N d� V3 fA 69 fA Hf b9 f9 fA fi9 (A 6�9 � 69 Vf � M a" 0 0 0 0 0 M M O O W c�I o h h M um Hl M c/1 Vl M Nl 0 N M t+l 0 VI M try V1 M l�1 N M N1 N M ... , N W N Yl M l �? h Nl V1 M r' V' N N1 N M N M M w� d d u o 0 0 0 0 0 0 0 ENO, vii o rn O '" U w V L N � °�ddddddd�s��r,�d oobba0000a�0000 'dqq 'GOG 'Oqq LGG Sqq 'Oq Vqq Sqq 9qq bq 9GG SGG tGG Lqq 0 N N 3 z 33 z k 8333 z z z X X mar X X 3 z ;ssss € €2g��€�g ° 4 U 0 U 0 V Q V o U U V H U o U F 3 o U o U o m r m N moem M f N mm b l� o00 O N O o vl vmv W O N L Qi � a �c�io3 0s A s ° E °�dA Xt o 0 O A mt� AZq 9 z Z X X X Z z X Z L =ssssssssggyysqy v� w �uuuuuU��u����� yL N 0 N 0 N 0 N 0 N 0 M 0 W 0 N 0 M 0 M< 0 0 O 0 b 0 0 M 0 O ti O ti O n O M O n O ti O O O O O .Mi O ti O r O r O r N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M 0 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M F List of Assessed Properties Exhibit 6 H 1401 X FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: Crosstown Drive NW Project No. Reconstruction 10 -30 Feasibility Report March 1, 2011 Amount: $ 269,160.00 Contract Award May 17, 2011 Amount: $ - Final Construction Cost Amount: $ Final Exoenses Engineering (Includes Surveying, Inspection & Staking): $ 57,162.02 Consulting Costs $ 860.64 Aerial Mapping (1% of street) $ 2,114.56 Drainage Plan (0.3% of street/storm) $ 666.68 Administration (3 %) $ 8,074.80 Assessing (1 %) $ 2,691.60 Bonding (0.5 %) $ - Recording Fees / Legal & Easement $ 500.00 Advertising $ 492.00 Permit and Review Fees $ 400.00 Street Signs (Materials and Labor) $ 4,681.36 Material Testing $ 4,533.50 Construction Interest $ 2,982.60 City Costs $ 3,612.83 Total Expenses $ 88,772.59 Expenses Multiplier 37.7128% Total Project Cost Amount: $ Assessable Cost Analysis Final Construction Costs (total) $ 235,391.11 Deduction for Bit Trail Construction & Restoration $ 13,163.82 Deduction for Extra Depth Pavement Section $ 46,881.65 Final Const. Costs (minus deductions) $ 175,345.64 Assessable Construction Costs (15 %) $ 26,301.85 Assessable Indirect Expenses $ 9,919.16 Total Assessable Costs $ 36,221.01 Assessments City Costs 235,391.11 324,163.70 Feasibility Assessment Rate Per LF $ 38,330.00 / 2,833.14 LF = $ 13.53 / LF I Final Assessment Rate Per LF $ 36,221.01 / 2,833.14 LF = $12.7848 / LF Feasibility Actual $38,330.00 $36,221.01 $303,550.00 $287,942.69 Final Assessment Worksheet C C A C I T Y O F N 0VE 1685 CROSSTOWN BOULEVARD N.W. • ANSOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • ANDOVER.MN.US CC: Jim Dickinson, City Administrator Dave Carlberg, Community Deve en Firector�� FROM: Courtney Bednarz, City Planne� �a u SUBJECT: Approve Resolution/Classification form for Tax Forfeited Property PID# 27- 32- 24 -34- 0099 and PID# 23- 32 -24 -12 -0049- Planning DATE: October 4, 2011 INTRODUCTION The city has received notice from Anoka County that two parcels of land within the city have been forfeited due to delinquent taxes. DISCUSSION PID #23- 32 -24 -12 -0049 Outlot A. Sophies Manor Despite the fact that it had been physically severed many years ago by the Burlington Northern Railroad, this parcel shared the same identification number as the undeveloped parcel that preceded Sophies Manor on the west side of the rail line. When the Sophies Manor plat was recorded, a separate parcel was officially created. Staff has evaluated the parcel and determined that it would be in the city's interest to acquire the property so that it may be used to facilitate storm water drainage as the surrounding area develops in the future. A written request to withhold the property from public sale is required to initiate the process of acquisition. A resolution is attached for this purpose. This outlot was created with the Kensington Estates 7' Addition Plat to separate the development from an area that contains a portion of WDE closed landfill perimeter fence and perimeter road (see attached aerial photograph). Anoka County and the Minnesota Pollution Control Agency ( MNPCA) were made aware of this situation at that time (2006). The two parties intended to resolve ownership of the outlot at that time. That has not occurred. Staff has re- engaged the county and MNPCA and they are currently in discussions about how to resolve ownership of this parcel. Anoka County has asked the city to sign, stamp and return a classification form for this parcel (attached). It should be noted that the closed landfill site is owned by Anoka County and operated by the MNPCA. It should also be noted that the outlot is outside of the refuse limits of the closed landfill as depicted by MNPCA. ACTION REQUESTED © The Council is asked to approve the attached resolution requesting PID# 23- 32 -24 -12 -0049 be withheld from public sale and authorize staff to return the classification form for PID #27- 32 -24- 34 -0099. Attachments Resolution Classification Form Location Maps /Aerial Photograph H J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION REQUESTING WITHOLDING FROM SALE OR LEASE TO OTHERS OF TAX FORFEITED PROPERTY (PID# 23- 32 -24 -12 -0049) LEGALLY DESCRIBED AS OUTLOT A, SOPHIES MANOR, ANOKA COUNTY, MINNESOTA WHEREAS, Minnesota Statute 282.01 requires a written request from a governmental subdivision of the state to withhold a parcel of unsold tax- forfeited land from sale or lease to others; and WHEREAS, the city is interested in acquiring the subject property for the public purpose of storm water drainage as provided by Minnesota Statute 282.01; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby requests that PID# 23- 32 -24 -12 -0049 be withheld from sale or lease to others to facilitate the acquisition of the property by the City of Andover. aAdopted by the City Council of the City of Andover on this _ day of October, 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Ea J H u CLASSIFICATION Property Forfeited on 07/18/2011 CITY OF ANDOVER KENSINGTON ESTATES SEVENTH ADDITION 27- 32 -24 -34 -0099 OUTLOT A KENSINGTON ESTATES 7TH ADD State of Minnesota County of Anoka State of Minnesota The Foregoing classification of lands above described lying within the boundaries of the CITY OF ANDOVER in said County and State is hereby approved. Dated_ Attest: (CLERK) The CITY COUNCIL of the CITY OF ANDOVER BY (MAYOR) CITY OT NDOVEI Incorporated Q 1974 LN C -01 H PID# 23- 32 -24 -12 -0049 OutlotA, Sophies Manor " Outlot A Sophies Manor Location map /NN'� W� PE s SCITY OF NDOVE © Incorporated 1974 PID# 27- 32 -24 -34 -0099 Outlot A, Kensington Estates 7th Addition N Location map W-< -E S { 3 a i f� ,. r d o �N�DOVE 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 Direct FROM: Lee Brezinka, Assistant Finance Director 0 SUBJECT: Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2011 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines and Miscellaneous Abatement Fees DATE: October 4, 2011 INTRODUCTION City Code Chapter 3, 10 -3 -31); City Code Chapter 1, 10 -1 -9F; and City Code Chapter 5, 8 -5 -313 © provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. The assessment procedures directed by state statute 429 are being followed in preparing notice of and preparation for a public hearing to act upon the proposed assessment. DISCUSSION The total delinquent utility service charges were $53,964.08 as of September 22, 2011 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to the proposed hearing date of the first regularly scheduled council meeting in November 2011, will be applied to the customers' accounts to reduce or remove the proposed assessments from the preliminary roll. Delinquent balances as of October 28, 2011 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2012 taxes. The list of delinquent accounts is available for viewing in the Finance Department and Finance will be sending letters to all applicable property owners explaining the assessment process and how and where to make payment to avoid being assessed. The proposed hearing date will be the first regularly scheduled council meeting in November 2011. BUDGETIMPACT This request will assist in reducing outstanding receivables for the City. H Mayor and Council Members October 4, 2011 Page 2 of 2 ACTION REQUESTED The Andover City Council is requested to approve the attached resolution declaring costs and ordering the assessment roll for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. The Andover City Council is also requested to approve the attached resolution scheduling a public hearing for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. Respectfully submitted, Lee Brezinka Attachments: Resolution Declaring Cost and Directing Preparation of Assessment Roll Resolution for Hearing on Proposed Assessment of Delinquent Utility Charges, Mowing Fees, Tree Removal, False Alarm Fines and Miscellaneous Abatement Fees. E S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES, TREE REMOVAL, FALSE ALARM FINES AND MISCELLANEOUS ABATEMENT FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees in the amount of $53,964.08 exist as of September 22, 2011; and WHEREAS, City Code Chapter 3, 10 -3 -31); City Code Chapter 1, 10 -1 -9F; and City Code Chapter 5, 8 -5 -31) provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $53,964.08 plus an administrative fee of 15 %. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2012, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 1 st day of November, 2011 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. © MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of October, 2011, 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 H x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota on November 1, 2011 at 7:00 PM to pass upon the proposed assessment for the improvement of delinquent sewer, water, storm water utility, street light charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees in the City of Andover. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment roll is $53,964.08. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owner, as it deems advisable. © An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the city within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL CITY OF ANDOVER Michelle Hartner, Deputy City Clerk H 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 FROM: Jim Dickinson, City Administrator SUBJECT: Appoint Cable Commission Representative DATE: October 4, 2011 With the resignation of Councilmember Don Jacobson effective August 29, 2011, certain board appointments held by Mr. Jacobson will need to be appointed. DISCUSSION The bylaws of the Quad Cities Cable Commission (Quad Cities Community Television — QCTV) identifies that the City of Andover appoint two representatives to the Cable Commission Board. One of the City representatives currently appointed to board is Mayor Gamache. The bylaws do not indicate that the board replacement needs to be a Councilmember; it could be a City Staff member, City Commission member, or a resident. The City Council is requested to appoint a City of Andover representative to the Quad Cities Cable Commission Board effective immediately. Hal H 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Discuss /Approve QCTV Reserve Funds Draw Request October 4, 2011 As part of the City of Andover's participation in Quad Cities Cable Commission (Quad Cities Community Television — QCTV), the City has a financial reserve balance held by the Commission that is generally used for communication or production enhancements for the City. City Administration would like to draw a portion of those funds for a paperless City Council packet project. It is anticipated that a paperless City Council packet project will have expenses between $5,000 to $10,000. To complete the project, equipment and software will be purchased to enhance meeting presentations through laptop, net book, or tablet options for Councilmembers and for display software/ hardware in Conference Rooms A & B. ACTION REQUESTED The City Council is requested to discuss and approve the draw of QCTV Reserve Funds in the amount of $10,000. H k C I T Y 0 F A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report October 4, 2011 (P 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. Legislative Updates 3. Update on Development/CIP Projects 4. Meeting reminders /Community Events 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. Suggestions for improving E- packets with samples submitted. Submitted by Council Member Julie Trude, City Council Meeting, Oct. 4, 2011. 1. E- Packets should use a condensed heading to reduce scrolling. A condensed heading is provided in the Samples. The Item Description is in bold, using a right margin, to stand out. Introductions are eliminated because they are redundant of the Description. Who a memo is to, from and date are condensed to one line in a less formal style. 2. E- Packets should specifically describe the Action steps required of the Council at the beginning of the memo. Action Requested, and similarly descriptive words, (e.g., review and provide direction, FYI) should direct the council's attention to the outcome required at a meeting. Placed at the beginning, it will be easily located at a bookmarked page, reducing the need to scroll. Also, I would recommend including the full title of the proposed Resolution, whether it is to be discussed and approved or denied. This would cause it to be on a bookmarked page, which will assist council members in making a proper motion and also noting other actions that staff recommends, in addition to acting on a Resolution. Suggested motion language, as often seen in planning reports, would be helpful in this section. This section could be longer than in past packets but will be an asset at our meetings. 3. Packets need page numbers to improve communications during meetings. When a packet is ready for download, the entire E- packet could be numbered starting with page 1 for the Agenda and going through the entire packet, perhaps using top right hand corner? In the alternative, each Item could have the Item number attached to a page number. This will aid our discussions. Item 6 would use pages 6 -1, 6 -2, 6 -3, etc. 4. Maps, plats and other larger format drawings should remain available in hard copy. Three Items from tonight's packed are illustrated using this format. Each Item would be on a separate page. The Action sections have been re- written to more specifically direct the council's attention to the steps that are recommended to occur at a meeting. A "Facts" section is suggested to highlight details for discussions about money, or perhaps, a code definition that is critical to a discussion. 6. APPROVE RESOLUTION /CLASSIFICATION FORM FOR TAX FORFEITED PROPERTY PID# 27- 32 -24 -34 -0099 AND PID# 23- 32 -24 -12 -0049 CC 10 -04 -2011- City Planner Courtney Bednarz ACTION: The Council is asked to consider staff's recommendation on two tax forfeited parcels in the City: 1. RESOLUTION: Requesting Anoka County withhold from public sale or lease a tax forfeited Outlot in Sophie's Manor, for the public purpose of storm water drainage, and 2. AUTHORIZE: City staff to return a signed Classification Form to the County for an Outlot in Kensigton Estates 7th Addition to separate WIDE land from the development and resolve ownership of the parcel. DISCUSSION: PID 23- 32 -24 -12 -0049, Outlot A, Sophie's Manor: Despite the fact that it had been .... [continue as written] PID# 27- 32 -24 -34 -0099 Outlot A, Kensington Estats 7th Addition. This outlot was created with the Kensington Estates 7th Addition Plat to separate .... =========== = = = = == Separate sheet for each discussion Item in packet=========================== = = = = == 7. DECLARE COSTS, ORDER ASSESSMENT ROLL AND SCHEDULE PUBLIC HEARING FOR 2011 DELINQUENT UTILITY SERVICE CHARGES, MOWING FEES, TREE REMOVAL, FALSE ALARM FINES AND MISCELLANEOUS ABATEMENT FEES CC 10 -04 -2011- Assistant Finance Director Lee Brezinka LEGAL ACTION REQUIRED: The Council is asked to approve the attached Resolution declaring costs, directing preparation of an assessment roll and scheduling a public hearing for the certification of delinquent utility service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. FACTS: Delinquent utility service charges: $53,xxx, as of Sept. 22, 2011 After Oct. 28, 2011, delinquencies incur 15% administrative fee and 8% interest rate, and are certified to Anoka County for collection with 2012 taxes. DISCUSSION: City Code Chapter 3, 10 -3 -3D; Chapter 1, 10 -1 -9F; and Chapter 5, 8 -5 -3D provide for the collection by assessment of unpaid sewer .... The total delinquent utility service charges were .... When written notification to the property owners .... Payments received prior to the proposed hearing date [continue as written]. . 9. DISCUSS /APPROVE QCN RESERVE FUNDS DRAW REQUEST CC 10 -04- 2011 —City Administrator, Jim Dickinson ACTION: Motion to authorized draw of $10,000 from Andover's reserve balance with QCN (Quad City Community Television), to set up paperless City Council packets and presentations. FACTS: [optional section to highlight numbers, details that may be sought during a discussion such as a relevant definition, for quick reference] Financial reserve balance: $xx,xxx Estimated expenses: $5,000 - $10,000 DISCUSSION: It is anticipated that a paperless City Council packet project will have expenses between $5,000 to $10,000. To complete the project, equipment and software will be purchased to enhance meeting presentations through laptop, net book, or tablet options for Councilmembers and for display software /hardware in Conference Rooms A& B.