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HomeMy WebLinkAboutCC - February 6, 20120 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Monday, February 6, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Presentation - Recognize Commissioners Devon Walton and Tim Kirchoff for their years of service on the Planning Commission - Planning Resident Forum Agenda Approval 1. Approval of Minutes (1/3/12 Closed; 1/9/12 Special; 1/10/12 Special; 1/17/12 Regular; 1/17/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Feasibility Report/Order Public Hearing/ 11- 40/13Yd Avenue NW Reconstruction — Engineering 4. Accept Feasibility Report/Order Public Hearing/11 -10 /South Coon Creek Drive NW Reconstruction— Engineering 5. Order Improvement /Order Plans & Specs /12 -13 /Sunshine Park Parking Lot Expansion West Side Phase 3 — Engineering 6. Order Improvement/Order Plans & Specs /12 -17 /Sunshine Park North Parking Lot Lighting — Engineering © 7. Order hnprovement/Order Plans & Specs /11- 43/140d' Lane NW Water Main Improvements - Engineering 8. Order Improvement /Order Plans & Specs /12- 8/2012 Curb, Sidewalk & Pedestrian Ramp Repairs — Engineering 9. Approval of Collective Bargaining Agreement/Public Works — Administration Discussion Items 10. Call for Sale of Bonds and Refunding of Bonds - Administration 11. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/12 -1 Engineering 12. Consider Code Amendments/Title 6, Chapter 2, Parking Restrictions/Chapter 3, Golf Carts & Motorized Wheel Chairs; Violation; Penalty /Chapter 4, Snowmobiles, All- terrain Vehicles and Off Highway Motorcycles; Violation; Penalty — Planning 13. Update Fee Schedule — Planning 14. Approve Ordinance Summaries — Planning Staff Items 15. Schedule Local Board of Appeal & Equalization Meeting — Administration 16. Administrator'sReport — Administration Mayor /Council Input Closed Session — Property Negotiations — PID# 29 -32 -24-44 -0022 Adjournment H I • DOVE^ REGULAR ANDOVER CITY COUNCIL MEETING — FEBRUARY 6, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 6, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude, and Tony Howard Councilmember absent: None. Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Public Works Director /City Engineer, Dave Berkowitz Natural Resources Technician, Kameron Kytonen Others PLEDGE OF ALLEGIANCE PRESENTATIONS Mayor Gamache recognized Commissioner Devon Walton and Commissioner Tim Kirchoff for their years of service on the Planning Commission Mayor Gamache presented Tim Kirchoff with a certificate of appreciation, from the City of Andover. Tim Kirchoff thanked the Council for the opportunity to serve the City. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache stated the City Council Closed Session scheduled after the meeting is to be removed from the agenda. City Administrator Dickinson stated there were materials provided to the Council from Ehlers and Associates and for Item 12. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes — February 6, 2012 Page 2 APPROVAL OF MINUTES January 3, 2012 Closed City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Howard to approve the January 3, 2012 Closed City Council Meeting minutes as presented. The motion carried unanimously. January 9, 2012 Special City Council Meeting Councilmember Trade stated on page 6, line 9, change the first sentence to "Councilmember Trade asked if Ms. Lewnau had read the Commission minutes or watched the Commission meetings." Councilmember Trade stated on page 7, line 31, the sentence should end with "how much money remains available" and delete the words "how much funds are available." Councilmember Trade stated on page 9, line 18, the term "sleeping community" should be replaced with "bedroom community ". Councilmember Trade stated on page 10, line 36, delete the word "concern" at the end of the sentence. Motion by Councilmember Trade, Seconded by Councilmember Knight to approve the January 9, 2012 Special City Council Meeting minutes as amended. The motion carried unanimously. January 10, 2012 Special City Council Meeting Councilmember Trade stated on page 6, line 16, the word "not' should be deleted. Councilmember Trade stated on page 8, line 26, the words "Planning are one department." Should be changed to "Planning Department." Motion by Councilmember Trade, Seconded by Councilmember Howard to approve the January 10, 2012 Special City Council Meeting minutes as amended. The motion carried unanimously. January 17, 2012 Regular City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Bukkila to approve the January 17, 2012 Regular City Council Meeting minutes as presented. The motion carried unanimously. January 17, 2012 Closed City Council Meeting © Regular Andover City Council Meeting Minutes — February 6, 2012 Page 3 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the January 17, 2012 Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims. Item 3 Accept Feasibility Report/Order Public Hearing/11- 40/133`d Avenue NW Reconstruction. (See Resolution RO10 -12) Item 4 Accept Feasibility Report/Order Public Hearing/11 -10 /South Coon Creek Drive NW Reconstruction. (See Resolution R01 1-12) Item 5 Order Improvement/Order Plans and Specs /12 -13 /Sunshine Park Parking Lot Expansion West Side Phase 3. (See Resolution R012 -12) Item 6 Order Improvement /Order Plans and Specs /12 -17 /Sunshine Park North Parking Lot Lighting. (See Resolution R013 -12) Item 7 Order Improvement/Order Plans and Specs /11- 43/140'b Lane NW Water Main Improvements. (See Resolution R014 -12) Item 8 Order Improvement /Order Plans and Specs /12- 8/2012 Curb, Sidewalk and © Pedestrian Ramp Repairs. (See Resolution R015 -12) Item 9 Approval of Collective Bargaining Agreement/Public Works. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. CALL FOR SALE OF BONDS AND REFUNDING OF BONDS City Administrator Dickinson stated as part of the 2012 -2016 Capital Improvement Plan (CIP) the City contemplated the issuance of bonds for various public improvements and equipment purchases. During the bonding process, it is a good time to review past debt issuances for potential long -term debt service savings. The General Obligation Capital Improvement Bonds, Series 2004A maymeet the state minimum requirement for present value savings of 3 %. Mr. Mark Ruff, CIPFA, Ehlers and Associates, stated the Council is asked to authorize proceeding with issuing documents and a bond rating as well as taking bids on two (2) bond issues. City Administration is looking at doing a refinancing and would like to move quickly in order to take advantage of the interest rates. There are a couple of technical issues in regard to the refunding or refinancing of the 2004A bonds. The City could lower the rate on this bond by up to 2 %. The bonds requested would be an equipment issue, which is tax exempt, and for the refunding the bond will be taxable. This potentially will save the City $50,000 to $60,000. It is anticipated a resolution will Qcome to the Council on February 21St to formally authorize the bonds and moving the sale to Thursday, February 23, 2012. Councilmember Trude stated the resolution at this time establishes a pricing committee. She © Regular Andover City Council Meeting Minutes — February 6, 2012 Page 4 clarified this was to set the parameters for time period and interest rates. She asked what interest rates the City has currently and what would the City be looking to reduce to. Mr. Ruff stated the City would be looking to reduce the combined interest rate to about 1 % to 1 1V4 %. Councilmember Trade asked if the bonds for the Community Center could be refunded for savings. Mr. Ruff stated these bonds had been refunded once and it was not possible to refund them again unless the City went to a taxable bond. The rates for taxable bonds are generally higher than tax exempt bonds. Ehlers would look at the bonds and see if there was something that could be done with the community center bonds to reduce the interest rate. Motion by Councilmember Knight, Seconded by Councilmember Trade to approve the resolution calling for the sale of equipment certificates and refunding bonds as presented by Ehlers and Associates. The motion carried unanimously. (See Resolution R016 -12) NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING 112 -1 City Engineer Berkowitz stated the City is required to comply with the latest NPDES regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public meeting to receive feedback on the program. To satisfy the MPCA mandates, staff fulfills the objectives under several Best Management Practices (BMPs), which are part of the Storm Water Pollution Prevention Program (SWPPP). Mr. Kameron Kytonen, Natural Resources Technician, reviewed the City's Best Management Practices and Storm Water Pollution Prevention Program. He pointed out residents are requested to either bag or sweep up yard clippings and keep hazardous materials out of the streets in order to keep these materials out of the storm water system. He stated the things the City does to comply with the regulations include public education and outreach, public participation and involvement, illicit discharge detection and elimination, construction site storm water runoff controls, post - construction runoff controls, and pollution prevention/good housekeeping for municipal operations. He also reviewed the requirements for the new permit that will become effective in August. Councilmember Knight clarified if the City does not comply with the regulations it could be fined. Mr. Kytonen stated this is correct. The City is federally mandated to comply with the Best Management Practices they have agreed to. © Councilmember Trade asked the City is adding to the list of things it is doing in order to obtain a new permit. Mr. Kytonen stated the new permit would be coming out in August and with that there would be © Regular Andover City Council Meeting Minutes — February 6, 2012 Page 5 additional regulations that will need to be followed. This means the City will need to modify the current SWPPP and implement additional BMPs to satisfy this. Councilmember Trude pointed out if the City has a lot of debris in the streets, this ends up going down the storm drains and ultimately pollutes the ground water. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Open the Public Hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:33 p.m. Motion by Councilmember Bukkila, Seconded by Councilmember Knight to Close the Public Hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:34 p.m. Mayor Gamache clarified the Storm Water Management Fee is paid by all residents and used to maintain the entire storm water system including culverts and ditches that are used to drain water © to the appropriate places and treat it. CONSIDER CODE AMENDMENTS/TITLE 6, CHAPTER 2, PARKING RESTRICTIONS /CHAPTER 3, GOLF CARTS & MOTORIZED WHEEL CHAIRS, VIOLATION, PENALTY /CHAPTER 4, SNOWMOBILES, ALL - TERRAIN VEHICLES AND OFFHIGHWAYMOTORCYCLES; VIOLATION, PENALTY /CHAPTER S, ABANDONDED AND DISABLED VEHICLES, VIOLATION Community Development Director Carlberg stated the Council is requested to review and approve a code amendment to Title 6, Chapters 2 -5 regarding parking; street obstructions; golf carts and motorized vehicles; snowmobiles, ATVs and off - highway motorcycles; and abandoned and disabled vehicles. Recently citations have been issued by the Anoka County Sheriff's Office for vehicles parked in violation of the winter parking regulations. Those who have been cited have complained about being charged with a misdemeanor, which requires a court appearance. Staff has worked with the City Attorney to prepare an amendment to the City Code that changes the penalty to a petty misdemeanor, which provides for the payment of fees and surcharges, and requires no court presence unless the violating entity chooses to contest the citation. Staff is also proposing an amendment to Title 6, Chapter 2, to clarify current language that no parking is allowed on City streets between the hours of one o'clock (1:00) a.m. and six o'clock (6:00) a.m. from November 1 to April 15 no matter if there is a two inch (2 -inch) snowfall event or not. © Councilmember Trude stated the City should review the no parking restrictions in Chapter 2. It is difficult for families that have several drivers to be able to fit all the vehicles in their driveways for a time period when there is no need to do it. She agreed with moving the violations out of the court system. Regular Andover City Council Meeting Minutes — February 6, 2012 Page 6 Councilmember Knight stated it would be a petty misdemeanor and would not require a court appearance. Councilmember Bukkila asked what the purpose was for having no parking during these hours. City Engineer Berkowitz stated the purpose is for safety and snow removal. Just this year there have been 50 -60 cars parked on the road when the City was trying to plow. If people are allowed to park on the streets during the winter months there would be problems with snow removal in the City. City Administrator Dickinson stated in the winter it is not uncommon for the plows to have to go back to an area to "wing back" the snow. Having obstacles in the road will create safety problems, take more time to clear the snow, and ultimately make the current snow removal process less efficient. Mayor Gamache stated the ordinance allows the City to clear the roads during the night without declaring a snow emergency and not have to worry about going around cars and having to go back. He stated he would not support changing the ordinance to having no parking based on days. Councilmember Bukkila stated the streets are narrow and there are generally no sidewalks and this year there is not enough snow to create a problem. If there are cars parked along the street when they are plowed this will make the streets even more narrow. She stated the ordinance should create consistency in the City and keep residents safe. She would not be in favor of changing this. Councilmember Trade stated she would like to look at the dates this is in effect because there is rarely snow as late as April 15. City Administrator Dickinson stated the current enforcement of the ordinance does not have a zero tolerance and there is discretion used when ticketing. The City is not ticketing when there is no snow event but when there is an event forecasted then tickets might be issued, also tickets will be issued if there is a public safety concern. Councilmember Trade asked if the enforcement was aimed at snow removal rather than zero tolerance for parking on the street overnight. City Administrator Dickinson stated it was more geared towards snow events and problem related areas. © Councilmember Bukkila stated the change in the ordinance is to make the ordinance read more clearly. The streets are already marked as no parking for the current stated times and dates. Motion by Councilmember Knight, Seconded by Councilmember Howard to Approve an Regular Andover City Council Meeting Minutes — February 6, 2012 Page 7 ordinance approving the Code Amendments for Title 6, Chapter 2, Section 6 -2 -land Section 6 -2- 6; Chapter 3, Section 6 -3 -5; Chapter 4, Section 6 -4 -10; and Chapter 5, Section 6 -5 -11. The motion carried unanimously. (See Ordinance 416) UPDATE FEE SHCEDULE Community Development Director Carlberg stated pursuant to the code amendments to Title 6, Chapter 2 -5 a fine to violations of these provisions would need to be added to the fee ordinance. A $50.00 fine will be added to the administrative section of the fee ordinance and this would be in addition to any court imposed fees and /or surcharges if the violating party chooses to contest the citation. Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve an ordinance amending City Code Title 1 -7 -3 Establishing Permit Fees, Service Charges, and Various Other Fees to be Collected by the City of Andover effective February 6, 2012. The motion carried unanimously. (See Ordinance 417) APPROVE ORDINANCE SUMMARIES © Community Development Director Carlberg stated the Council is asked to approve ordinance summaries for Ordinance No. 416 Summary: an amendment to the City Code, Title 6, Chapters 2 -5, Parking; Street Obstructions; Golf Carts and Motorized Vehicles; Snowmobiles, ATVs and Off - Highway Motorcycles; Abandoned and Disabled Vehicles and Ordinance No. 417 Summary: an amendment to the City Code 1 -7 -3 Permit Fees, Service Charges, and Penalties. Motion by Councilmember Knight, Seconded by Councilmember Howard to approve Ordinance No. 416 Summary and Ordinance No. 417 Summary. The motion carried unanimously. SCHEDULE LOCAL BOARD OF APPEAL & EQ UALIZA TION MEETING Mayor Gamache stated the Council is requested to schedule the Local Board of Appeal and Equalization Meeting. The City Council had submitted three dates to the Anoka County Assessor's Office and Anoka County was able to accommodate the request of April 12, 2012. Motion by Councilmember Trade, Seconded by Councilmember Howard to approve Scheduling the Local Board of Appeal and Equalization Meeting on Thursday, April 12, 2012 at 7:00 p.m. The motion carried unanimously. 0 ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, legislative activities, development and CIP Regular Andover City Council Meeting Minutes — February 6, 2012 Page 8 projects, and upcoming meetings and community events including closing the Union Agreement, the sales tax audit, the audit of the City's financials, meetings regarding City and School collaboration, Dynamic Sealing Technology Inc. had their open house and a visit from Governor Dayton. City Engineer Berkowitz stated staff is working on several road projects and Public Works is catching up on City maintenance projects that have not been done previously and tree trimming along right -of -ways. Staff has been working to keep the outdoor rinks opened. Community Development Director Carlberg stated Wednesday, February 15th is the Retail Market Analysis meeting at 5:30 p.m. MAYOR/COUNCIL INPUT (Fiscal Disparities) Mayor Gamache stated the Fiscal Disparities Report was released on February 1St. There is a group, including Anoka County, Ramsey County, City of St. Paul, and the North Metro Mayors Association meeting to go over plans for testifying before the Legislature in the next couple of weeks. The report turned out good and shows that fiscal disparities have been working as it was intended to. (Regional Council of Mayors) Mayor Gamache stated he would be joining the Regional Council of Mayors on February 13, 2012. The Regional Council of Mayors has been talking to regional communities about fiscal disparities and the plans to change fiscal disparities. ADJOURNMENT Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:05 p.m. Respectfully submitted, Tina Borg, Recording Secretary H Q Regular Andover City Council Meeting Minutes — February 6, 2012 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBRUARY 6. 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 PRESENTATION............................................................................................ ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 3 Item 2 Approve Payment of Claims .......................................................... ............................... 3 Item 3 Accept Feasibility Report/Order Public Hearing/l 1- 40/133rd Avenue NW Reconstruction (See Resolution R010- 12) ........................................... ............................... 3 Item 4 Accept Feasibility Report/Order Public Hearing/11 -10 /South Coon Creek Drive NW Reconstruction (See Resolution R011- 12) ........................................... ............................... 3 Item 5 Order Improvement /Order Plans and Specs /12 -13 /Sunshine Park Parking Lot Expansion West Side Phase 3 (See Resolution R012- 12) ................... ............................... 3 Item 6 Order Improvement/Order Plans and Specs /12 -17 /Sunshine Park North Parking Lot Lighting (See Resolution R013- 12) ..................................................... ............................... 3 Item 7 Order Improvement/Order Plans and Specs /11- 43/140d` Lane NW Water Main Improvements (See Resolution R014- 12) ............................................ ............................... 3 Item 8 Order Improvement /Order Plans and Specs /12- 8/2012 Curb, Sidewalk and Pedestrian Ramp Repairs (See Resolution R015- 12) ............................................ ............................... 3 Item 9 Approval of Collective Bargaining Agreement/Public Works ...... ............................... 3 CALL FOR SALE OF BONDS AND REFUNDING BONDS (See Resolution R016 -12) ........... 3 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING/ 12- 1 ......................................... ............................... 4 CONSIDER CODE AMENDMENTS /TITLE 6, CHAPTER 2, PARKING RESTRICTIONS /CHAPTER 3, GOLF CARTS & MOTORIZED WHEEL CHAIRS; VIOLATION; PENALTY /CHAPTER 4, SNOWMOBILES, ALL - TERRAIN VEHICLES AND OFF HIGHWAY MOTORCYCLES; VIOLATION; PENALTY /CHAPTER 5, ABANDONDED AND DISABLED VEHICLES; VIOLATION (Ordinance 416) .................. 5 UPDATE FEE SHCEDULE (Ordinance 417) ................................................. ............................... 7 APPROVE ORDINANCE SUMMARIES ...................................................... ............................... 7 SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATION MEETING ........................... 7 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 (Fiscal Disparities) ....................................................................................... ............................... 8 (Regional Council of Mayors) ..................................................................... ............................... 8 0 ADJOURNMENT ............................................................................................. ..............................8