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HomeMy WebLinkAboutCC - September 4, 2012Regular City Council Meeting — Tuesday, September 4, 2012 Call to Order — 7:00 p.m Pledge of Allegiance Proclamation — Constitution Week September 17 -23, 2012 Proclamation - October 2012 Domestic Violence Awareness Month Resident Forum Agenda Approval 1. Approval of Minutes (8/8/12 Closed; 8/21/12 Regular; 8/21/12 Closed) Consent Items 2. Approve Payment of Claims —Finance 3. Declare Cost /Order Assessment Roll /11- 40/133rd Avenue NW Reconstruction — Engineering 4. Award Quote /11- 48/Well #7 — Engineering 5. Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 — 140th Lane NW/WM —Engineering 6. Amend No Parking Resolution/12 -2c /147th Avenue NW - Engineering © 7. Approve Application for Exempt Permit/Ducks Unlimited Inc. — Adninistration 8. Approve 2013 Anoka County Sheriff Contract —Administration 9. Approve Contract for School Liaison/Anoka- Hennepin School District #,11 -Administration Discussion Items 10. Review /Adopt 2013 Preliminary Tax levy —Administration/Finance 11. Review /Adopt 2013 Debt Service Levy Changes —Administration/Finance 12. Set Budget Hearing Date -Administration/Finance Staff Items 13. Schedule September EDA Meeting - Administration 14. Schedule September City Council Workshop - Administration 15. Administrator'sReport — Administration Mayor /Council Input Closed Session— Public Works Union Negotiations Update Property Negotiations PID #s 11 3)2 -24 -32 -0001, 11- 32 -24 -31 -0001, & 11- 32 -24 -24 -0001 Pending Litigation Discussion - Grey Oaks Owners Associations Adjournment C E40 X ANLb 6 W A REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 4, 2012 MINUTES The Regular Bi- Monthly meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 4, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trade and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE PROCLAMATION— COSTITUTION WEEKSEPTEMBER 17-23,2012 Mayor Gamache read the proclamation declaring the week of September 17 -23, 2012 Constitution Week. PROCLAMATION— OCTOBER 2012 DOMESTIC VIOLENCE AWARENESS MONTH Mayor Gamache read the proclamation declaring October Domestic Violence Awareness month. RESIDENT FORUM Ms. Moreen Sprungman, 15631 Linnet Street NW, Andover, stated currently building 3 has one empty unit, ten homeowners, and nineteen renters with sixteen children. She expressed concerns about the number of cars in the garage and parking lot, the maintenance of the building, people throwing cigarettes off their balconies, dog feces, and overall appearance of the building. Residents have complained but there has not been anything done by the Association. They have been told that until the new association documents are approved this is no longer considered a senior community. This is not what she had been told when she purchased her unit. She also provided information from Mr. Dennis Belcheck because he was not able to attend the meeting. She stated the community has 42 twin and single - family homes and 3 buildings with 30 condo units each. Councilmember Knight asked who the residents had sent their complaints to. ® Regular Andover City Council Meeting Minutes — September 4, 2012 Page 2 Ms. Sprungman stated the residents have complained to the Association Board and the City Council. She stated she had talked with a lawyer and she could not do anything because she did not have the staff to pursue this matter. As seniors they do not have the financial resources to hire attorneys. City Attorney Baumgartner explained the Association Board is a group of elected officials that represent the unit owners. They are responsible to the unit owners who are paying their association dues for the upkeep and maintenance of the common areas of the community. Councilmember Knight asked if the Board has the ability to manage the age requirements for the community. City Attorney Baumgartner stated the Board does have this ability according to the bylaws that have been adopted. Ms. Sprungman stated there is also a management company involved. The attorney from the management company has advised the Board that this community can no longer be marketed as a senior community because the documents that had previously been approved were not in compliance with the senior requirements for HUD. Mayor Gamache stated the City Attorney had sent a letter in regard to concerns the City had with the proposed documents. City Attorney Baumgartner stated when the documents had been reviewed one of the omissions that had been noted was the identification of the City as a third party beneficiary. The documents are creating a severance of the different types of properties into two (2) separate associations. The document for both of the new associations does now contain the required language for a senior community. The twin homes were originally not restricted to senior housing but the new documents would now require these to be restricted by the senior age requirements. The City had received a response from the property management group and their attorney, that the City's concerns were addressed and new documents have been revised and include the language identifying the City as a third party beneficiary. Mayor Gamache explained the requirements for being a senior community or development would include the 80/20 rule. No more than 20% of the units can be occupied by people under 55 -years old. This rule applies to the community or development as a whole and would not necessarily apply to each building individually. Mr. Ken Jensen, 15570 Linnett Street NW #309, Andover, stated it is the responsibility of the Board to police the requirements of the original documents and as a third party beneficiary the City has the right to step in if this is not being done. He stated there have been three (3) units sold in building 2 in the last 45 -days but this would not happen in building 3 due to the amount of young families and renters in that building. The senior age requirements need to be enforced © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 3 and the young families and renters removed from the buildings in order to sell the units. He stated a current census should also be performed to comply with the requirements in the current association documents. City Administrator Dickinson stated the City is sending a letter requesting the current census data. City Attorney Baumgartner explained with the new documents being proposed there would be two (2) new associations created and each of these would be required to comply with the senior housing requirements including the 80/20 rule. There is no police force to enforce the senior housing requirements. If the requirements are not met then the development or community would simply no longer be a senior community or development. Councilmember Knight asked if the unit had been purchased under the understanding they would be in a senior community would the owners have any recourse. City Attorney Baumgartner stated this would be an individual unit owner's rights. He suggested the individual unit owners consult an attorney to determine their rights and what they can do. Mayor Gamache asked if the City would be able to require this community to remain a senior community because this is what the original PUD had been approved as. City Attorney Baumgartner suggested the City get the results of a census in order to determine what steps the City may be able to take. Mr. Jensen stated there had originally been 70 -units excluded from the senior age requirement. At the time he purchased his unit he had been told that this would be a senior community and he had to provide documentation at closing proving he met the age requirement. He later found out that building 2, where he lives, is included in these original 70 -units that had been excluded from the age requirement. The whole situation of being a senior community or not being a senior community began about two and a half years ago. At the annual meeting Mr. Windschidtl had agreed to amend the document that excluded these 70 -units at his expense. The president of the Association had told him that there were other problems that needed to be addressed and to hold off on this amendment. At this meeting there had also been two (2) attorney reports. The report from the Board's attorney stated the documents were faulty and needed to be rewritten and the report from Mr. Windschidtl's attorney stated the documents were vague and an amendment to the documents would clarify them and bring them up to date. The Board went with the report provided by their attorney and that is why the new documents are being proposed. © Councilmember Trude stated she had understood the original PUD had placed additional restrictions on some properties to prevent the current situation from happening. Mayor Gamache stated the City would get more information from the census and have the City © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 4 Administrator and City Attorney review this information to determine what steps the City may be able to take. Mr. Jensen stated the proposed documents do not show how expenses and other things will be split. There are several loose ends that are not addressed in these documents. Councilmember Trade stated the City's focus would be on the senior housing aspect. She expressed concerns about the number of people under the 55 -year old age requirement and this could jeopardize the status as a senior community. AGENDA APPROVAL Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES August 8, 2012 Closed City Council Meeting © Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the August 8, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. August 21, 2012 Regular City Council Meeting Councilmember Trade stated on page 10, line 42, the phrase "called to a vote. 5 -0" should be deleted. Councilmember Trade stated on page 13, line 20, strike "these vending machines" and replace it with "outdoor sales ". Councilmember Trade stated on page 16, line 13, delete the phrase "the Resolution Granting ". Councilmember Trade stated on page 19, line 11, add "He held up a large set of blueprints as he commented that Mr. Barrott still had these in his possession. He noted there were nine (9) pages of the blueprints for the garage built with a basement in the year 2005. Page 2 shows the basement plans." Councilmember Trade stated on page 19, line 16 the statement was made by Councilmember © Trade not Councilmember Howard. Councilmember Trade stated on page 21, line 21, the word "proving" should be replaced with "providing ". © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 5 Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the August 21, 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. August 21, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the August 21, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Declare Cost/Order Assessment Roll /11- 40/133rd Avenue NW Reconstruction (See Resolution R079 -12) Item 4 Award Quote /11- 48/Well #7 Item 5 Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 —140th Lane NW/WM (See Resolution R080 -12) Item 6 Amend No Parking Resolution/12 -2c /147th Avenue NW Item 7 Approve Application for Exempt Permit/Ducks Unlimited Inc. © Item 8 Approve 2013 Anoka County Sheriff Contract Item 9 Approve Contract for School Liaison/Anoka- Hennepin School District #11 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, for approval of the Consent Agenda as presented. Motion carried unanimously. REVIEW /ADOPT 2013 PRELIMINARY TAX LEVY City Administrator Dickinson stated each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15, 2012. The 2013 Preliminary Levy certification would be the outcome of numerous budget workshops held with the Council. The Council has the right to reduce or keep constant the levy until the final certification date of December 28, 2012. The proposed levy would result in a zero percent (0 %) increase in the gross tax levy. With the total taxable market value for Andover decreased 3.94 %, the total tax capacity value declined 4.3 %, but with the decertification of the Tax Increment Financing District, and favorable participation in the fiscal disparities pool, there would be an overall increase tax value. He reviewed the budget and where the money comes from and where it is spent. Mayor Gamache asked what percent of the intergovernmental revenue is considered fiscal disparities. © City Administrator Dickinson stated intergovernmental revenue includes about $1.3 million for fiscal disparities city wide. The revenue category also includes the state constitutionally dedicated gas tax money. © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 6 Motion by Councilmember Knight, Seconded by Councilmember Trade, to approve a resolution adopting the City of Andover 2013 Proposed Property Tax Levy to be certified to the County Auditor of $10,631,299. Councilmember Trade thanked City employees for working hard to maintain the zero percent levy. It is due to their personal efforts to manage their budgets that make it possible for the City to keep the tax levy constant. The other Councilmembers concurred with Councilmember Trade's statement. The motion was called to a vote. The motion carried unanimously. (See Resolution R081 -12) REVIEW /ADOPT 2013 DEBT SERVICE LEVY CHANGES City Administrator Dickinson stated Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2013 that would have been certified to Anoka County as part of prior years bond sales. When the City issues bonds, a certification of bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. The 2013 City of Andover Debt Service Budget is current and up -to -date. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve a resolution updating certified bonded indebtedness for 2013. The motion carried unanimously. (See Resolution R082 -12) SET BUDGET HEARING DATES City Administrator Dickinson stated — the Truth in Taxation law, M.S. 275.065, requires cities to schedule a meeting at which the budget and levy will be discussed and public input will be allowed prior to the final budget and levy determination. This year, that meeting must be scheduled between November 27th and December 26th and be held after 6:00 p.m. The Council can select a regularly scheduled Council meeting date or a separate date. Staff recommends the following dates: Tuesday, December 4th, 7:00 p.m. for the initial hearing, Tuesday, December 18th, 7:00 p.m. for the continuation hearing date, and Tuesday, December 18th, 7:00 p.m. for the official adoption date. Motion by Councilmember Trade, Seconded by Councilmember Bukkila to set the hearing dates for the 2013 Budget and Levy Discussion and Public Comment as Tuesday, December 4th, 7:00 © p.m. for the initial hearing; Tuesday, December 18th, 7:00 p.m. for the continuation hearing date; and Tuesday, December 18th, 7:00 p.m. for the official adoption date. The motion carried unanimously. © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 7 SCHEDULE SEPTEMBER EDA MEETING Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA Meeting at 6:00 p.m. before the September 18, 2012, City Council Meeting. The motion carried unanimously. SCHEDULE SEPTEMBER CITY COUNCIL WORKSHOP Motion by Councilmember Howard, Seconded by Councilmember Bukkila to schedule a September Council Workshop for September 25t` at 6:00 p.m. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, legislative activities, development and CIP projects, and upcoming meetings and community events including open space negotiations. The Wal -Mart proposal will include some easement items at a future council meeting, the Arbor Oaks development is moving forward, and the plat for Parkside at Andover Station will be discussed at the Planning and Zoning meeting scheduled for September 11`h. The City's lot inventory is decreasing and he would like to encourage developers to continue to plat. September 8`" is the Fall Recycling Day and there is information in the City newsletter and on the website. He stated he has been working with the Met Council Sewer Access Work Group. This group is discussing how Met Council charges building permits out and sewer access charges. There has been concern in the past that credit was not being provided in full to buildings when the charge may have been paid 15 -20 years ago. The work group does anticipate a recommendation to the Met Council for modifications to this program. He stated he is also participating in the Metro Cities Fiscal Disparities Work Group and looking at what type position the suburbs should take regarding fiscal disparities going forward. A majority of the contributors do understand what the program is about. Councilmember Trude stated there are several major oaks in the Parkside at Andover Station. She asked if the Council would support a request to make some efforts to preserve these trees with the grading. These trees do provide an amenity for this neighborhood and the company that is working on the grading plat has done custom grading in other developments including Woodland Estates. City Administrator Dickinson stated he had discussed these trees with the consulting engineer and the City Engineer. If the trees remain and custom grading is done then the homes would need to be full basement or slab on grade for a majority of the lots adjacent to the treed area. In © reviewing the request from the builder a walk out or look out lot would be more desirable and in order to accomplish this a majority of the trees would need to be removed. He also pointed out custom grading would make drainage more difficult and cost more for the developer. There are a variety of trees in this area including oaks, pines and scrub trees. © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 8 Councilmember Trade stated the trees are the only amenity in this area and she would like to see some effort made to preserve them. Mayor Gamache stated the builder has made it clear they want a certain type of home. Councilmember Howard asked if the property could be partially custom graded and some small retaining walls installed to save a portion of the trees. City Administrator Dickinson stated this could be looked at. There would need to be modifications made to the plans in order to do this. The proposed grading would be more cost effective and make the type of home that could be built on it more desirable in today's market. There may be some trees that could be preserved but it would not be likely a major portion of the trees along the internal lots would be saved. Councilmember Bukkila stated she would like to have the price information available for custom grading and retaining walls prior to making a decision. Councilmember Trade stated this area is marked as a conservation area and there are benches there. There was also an intention to have a picnic table in this area as a community space. Councilmember Bukkila stated a community space would not be acceptable in a neighborhood of single - family homes because people do not want someone sitting at a picnic table in their backyard. Mayor Gamache asked if the parking bump outs would be removed. City Administrator Dickinson stated these would be removed with the re- platting, as would the community space. Mayor Gamache stated if the builder is confident the type of home that will sell these lots is a walkout or look out style then he would support removing the trees. City Administrator Dickinson stated staff would work with the builder to see if there would be a way to preserve some of the trees in this area. Councilmember Trude stated she would like to see the phone numbers for Council members identified as home numbers on the City's website. People are not aware when they call these numbers they are calling a residence. She stated she would be supportive of the City Council having voicemail at City Hall. © MAYOR/COUNCIL INPUT (North Metro Mayors Association) Mayor Gamache provided the Council with a draft of the © Regular Andover City Council Meeting Minutes — September 4, 2012 Page 9 legislative plan for 2012/2013 from North Metro Mayors. This plan includes financial policies, transportation system improvements, and the North Metro perspectives on Comprehensive Tax Reform for Minnesota. He stated at the meeting with County Commissioners the Metro Cities Fiscal Disparities draft that City Administrator Dickinson participated in was discussed. This may be what is used at the legislature because it covers everything that is of concern. City Administrator Dickinson stated the Metro Cities draft would need to go to the Municipal Revenue and Taxation Committee and then to the Board for approval in October. Mayor Gamache stated North Metro Mayors is looking for any additional ideas and updates. Councilmember Trude suggested looking for a data center in the County because this would help the County tax base. (Fiscal Disparities Group) Mayor Gamache stated the Fiscal Disparities Group would meet again after the election. There are two (2) bills expected that would change fiscal disparities. The Governor is expected to propose a major tax revision plan and the group is working to be sure fiscal disparities and its impacts are understood. (Proposed Code Amendment) Councilmember Trude stated she had presented an amendment to the City Code defining "continuous" and "non- continuous" business hours. She proposed this amendment based on public input and concern. This proposed amendment will be reviewed by the Planning and Zoning Commission and a public hearing will be held. She encouraged people with comments to send e -mails that could be forwarded to the Planning Commission. Mayor Gamache recessed the regular City Council meeting at 8:22 p.m. to a closed session of the City Council to discuss Public Union Negotiations, Property Negotiations for PID #11- 32- 24 -32- 0001, 11- 32 -24 -31 -0001, and 11- 32 -24 -24 -0001, and Potential Pending Litigation for Grey Oaks Owners Associations. The City Council reconvened at 9:20 p.m. ADJOURNMENT Motion by Councilmember Trude, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:21 p.m. Respectfully submitted, © Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes — September 4, 2012 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 412011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION —CONSTITUTION WEEK SEPTEMBER 17 -23, 2012 ............................... 1 PROCLAMATION — OCTOBER 2012 DOMESTIC VIOLENCE AWARENESS MONTH ...... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 4 APPROVALOF MINUTES ............................................................................ ............................... 4 CONSENTITEMS .......................................................................................... ............................... 5 Item 2 Approve Payment of Claims .......................................................... ............................... 5 Item 3 Declare Cost/Order Assessment Roll /11- 40/133`d Avenue NW Reconstruction (See ResolutionR079- 12) ............................................................................ ............................... 5 Item 4 Award Quote /11- 48/Well #7 ......................................................... ............................... 5 Item 5 Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 —1401' Lane NW/WM (See Resolution R080- 12) .................................................... ............................... 5 Item 6 Amend No Parking Resolution/12- 2c/1471i Avenue NW ............. ............................... 5 Item 7 Approve Application for Exempt Permit/Ducks Unlimited Inc .... ............................... 5 Item 8 Approve 2013 Anoka County Sheriff Contract ............................. ............................... 5 Item 9 Approve Contract for School Liaison/Anoka- Hennepin School District #11 .............. 5 REVIEW /ADOPT 2013 PRELIMINARY TAX LEVY (See Resolution R081- 12) ...................... 5 REVIEW /ADOPT 2013 DEBT SERVICE LEVY CHANGES (See Resolution R082 -12) .......... 6 SETBUDGET HEARING DATES ................................................................ ............................... 6 SCHEDULE SEPTEMBER EDA MEETING ................................................. ............................... 7 SCHEDULE SEPTEMBER CITY COUNCIL WORKSHOP ........................ ............................... 7 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 (North Metro Mayors Association) .............................................................. ............................... 8 (Fiscal Disparities Group) ............................................................................ ............................... 9 (Proposed Code Amendment) ...................................................................... ............................... 9 H