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HomeMy WebLinkAboutCC - January 2, 2013:y 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Wednesday, January 2, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Oath of Office/Newly Elected Officials Resident Forum Agenda Approval 1. Approval of Minutes (12/18/12 Regular; 12/18/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve 2013 CDBG Application— Planning 4. Approve Resolution Approving State of Minnesota Joint Powers Agreement /City of Andover Prosecuting Attorney —Administration 5. Approve Joint Powers Agreement/Northwest Anoka County Community Consortium — Administration 6. Accept Feasibility Report/Order Public Hearing/l 3- 2/2013 Street Reconstruction — Engineering 7. Approve Appointment — Streets Supervisor - Administration © Organizational Items 8. Approve Official Depositories & Banks —Administration 9. Designate Official Newspaper —Administration 10. Appoint Acting Mayor— Administration 11. Appoint Standing Committees — Administration Discussion Items 12. Approve Amendments to the City Code, Titles 8, 11 and 12 - Planning Staff Items 13. Schedule February EDA Meeting — Administration 14. Schedule January Council Workshop — Administration 15. Schedule Commission Interview Dates — Administration 16. Consider Joint Meeting with Lower Rum River WMO Member Cities - Engineering 17. Administrator's Report — Administration Mayor /Council Input Closed Session - Public Works Union Negotiations Update Adjournment H ANLb 6 W REGULAR ANDOVER CITY COUNCIL MEETING —JANUARY 2, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 2, 2013, 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 Administrator, Jim Dickinson Community Development Director, Dave Carlberg City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OFALLEGIANCE OATH OF OFFICE/NEWLY ELECTED OFFICIALS Mayor Gamache, Councilmembers Knight and Bukkila were administered the Oath of Office by City Attorney Baumgartner. RESIDENT FORUM Mr. Carroll Abbott, 2917 142nd Lane NW, congratulated the elected officials on their appointments. He wondered what was going to happen where the old Stop N Shop was located at. Mayor Gamache indicated the City EDA has purchased the property and the plan is to take the building down. The City is looking at redevelopment along Bunker Lake Boulevard. He stated they will continue to review the area. Mr. Abbott stated he has heard the City has hired another person on the staff that lives outside of Andover. He had hoped it would have been a person within Andover or the outlying cities that would be just as qualified as the person they hired outside of the area. He stated the residents are paying this person's salary and the new employee will be spending it outside of the area rather than in the City or neighboring area. He had hoped there is not any "hanky - panky" going on, like he has heard through the grapevine. Mayor Gamache stated they have hired some people within the area previously. Councilmember Bukkila indicated they have also promoted from within. Mr. Dickinson explained they do recruit internally, and go outside, they hope to hire the best possible person available at the time. Just © Regular Andover City Council Meeting Minutes —January 2, 2013 Page 2 because they do not live in the community at this time, it does not mean they will not move to the community. Mayor Gamache stated his goal is to hire the person that would be the best fit and most qualified. Mr. Al Grabowski, 1266 146th Lane NW, wondered how expensive it will be to clean up the Stop N Shop site. He stated he sells fuel tanks for a living and knows what it costs for a cleanup. He stated he has some concerns regarding the estimate and what it is going to cost to rehabilitate the site. He stated he is challenging the number of $110,000 to clean up the site that was given to him by the Mayor. He stated the fuel tanks were put in the site in the late 70's and contamination was detected, they were assessed that they were contained in 1999 but the soil is still contaminated and cannot be built on. He stated he knows what the cost is to clean up a contaminated site. He asked if the City received an estimate from an MPCA licensed contractor to remove the tanks. Mr. Dickinson stated the estimate is based on experience he has had in other communities and also through their phase one environmental. The engineering firm that would participate in supervising had indicated it was a good number for that site. He noted the City did know that there was a previous leak onsite and they have researched it. He stated at this point in time, they feel good about the estimate. Mr. Grabowski wondered what happens if it is contaminated. Mr. Dickinson stated they are aware of some level of contamination on the site already. The previous owner received a no further action letter from the MPCA, which indicates that there was no more cleanup due at that time. The previous owner is tied to the original leak and going forward if there is something outside of that original leak, they will have to deal with it. He stated if the site remains a commercial parcel, they may not need to do anything. If they change the use, they may need to do some cleanup. Mr. Grabowski stated if the site is contaminated, the City will not be able to build on top of it, just like at the WDE site. Mr. Dickinson stated there are environmental cleanup funds available through the County to assist with this, if needed, and the County is aware of this possible issue. Councilmember Trude wondered if they had more in the budget because they were below budget in the purchase price. Mr. Dickinson indicated he did not see any reason to reallocate dollars at this time, if it becomes an issue at time of demolition he would come forward with a particular reason for a budget adjustment. Mayor Gamache thought the best thing to do would be to have a parking lot towards the road and a building in the rear behind where the fuel tanks are located. Mr. Grabowski asked how much money was paid for the property. Mr. Dickinson indicated the City purchased the property for $430,000. AGENDA APPROVAL Remove the Closed Session and add Item 16a, Schedule Local Board of Review. © Regular Andover City Council Meeting Minutes —January 2, 2013 Page 3 Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES December 18, 2013, Regular Meeting: Correct as amended. Councilmember Trade noted there was one change to the minutes. Page six between lines one and two: the sentence ° book .ending maehir° should be replaced with a library book vending machine is also planned. Motion by Trade, Seconded by Bukkila, to approve the minutes as amended. Motion carried unanimously. December 18, 2013, Closed Session Meeting: Correct as written. Motion by Trade, Seconded by Bukkila, to approve the minutes as written. Motion carried unanimously. © CONSENT ITEMS u Item 2 Approval of Claims Item 3 Approve 2013 CDBG Application (See Resolution R001 -13) Item 4 Approve Resolution Approving State of Minnesota Joint Powers Agreement/City of Andover Prosecuting Attorney (See Resolution R002 -13) Item 5 Approve Joint Powers Agreement/Northwest Anoka County Community Consortium (See Resolution R003 -13) Item 6 Accept Feasibility Report/Order Public Hearing/13- 2/2013 Street Reconstruction (See Resolution R004 -13) Item 7 Approve Appointment — Streets Supervisor Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE OFFICIAL DEPOSITORIES & BANKS Mr. Dickinson explained each year the City Council is required by State law to approve a resolution designating the City's official depositories, supplemental depositories of investments and designating an individual as the approval authority for collateral transactions. Mr. Dickinson reviewed the information with the Council. © Regular Andover City Council Meeting Minutes —January 2, 2013 Page 4 Motion by Trude, Seconded by Knight, to Approve Resolution No. R005 -13 Designating Depositories of City Funds and Supplemental Depositories of City Funds for Investment Purposes Only. Motion carried unanimously. DESIGNATE OFFICIAL NEWSPAPER Mr. Dickinson explained each year the City Council must designate the official newspaper where the City's official notices will be published. Staff has reviewed the proposals and while the proposal submitted by The Anoka County Record is lower, staff recommends The Anoka County Union be designated as the official newspaper. The primary reason is that the Union is a weekly paper and the Record is published every two weeks. Another reason is the limited circulation of the Record. Motion by Howard, Seconded by Trude, to designate the Anoka County Union as the official newspaper for 2013. Motion carried unanimously. APPOINT ACTING MAYOR © Mayor Gamache thanked Councilmember Trude for her four years as Acting Mayor. He stated this year he would like to appoint Councilmember Knight as Acting Mayor. Councilmember Knight accepted the appointment. Motion by Gamache, Seconded by Trude, to appoint Councilmember Knight as Acting Mayor. Motion carried unanimously. APPOINT STANDING COMMITTEES Mr. Dickinson explained each year Standing Committees are appointed based upon the recommendation of the Mayor. Mayor Gamache appointed Councilmember Bukkila and Councilmember Howard to the Newsletter Committee with Councilmember Howard as the Chair. Mayor Gamache appointed Councilmember Trude and Councilmember Knight on the Public Works Committee with Councilmember Knight as the Chair. Motion by Trude, Seconded by Bukkila, to approve the committee appointments. Motion carried unanimously. Q APPRO vE AMENDMENTS TO THE CITY CODE, TITLES 8,11 AND 12 Mr. Carlberg stated City staff has been working on minor text amendments to the subdivision © Regular Andover City Council Meeting Minutes — January 2, 2013 Page 5 and zoning codes. The changes are not substantial; however, staff concurs that the proposed amendments are needed to efficiently enforce the codes. Mr. Carlberg reviewed the proposed amendments with the Council. Councilmember Trude stated in regard to the off street parking, this applies to residential as well as commercial properties because it does have restrictions that apply to both. In addition, the heading makes it hard to tell but the whole section is considered off street parking requirements and it describes the purpose of the title, which deals with on and off street parking. She noted there are descriptions about residential parking areas so she would presume that when she gets to section E, surfacing, this would apply to single - family homes because there is no other way to read this code. She is a little uncertain if the Council is ready to start enforcing that or do they want to consider that part of the exterior items they do enforce. She wondered if they are they going to add this now so people need to maintain their driveways. She noted this is something they have not discussed before. Mr. Carlberg stated the question is where they apply it. The crux of this has been those parking spaces that are designated and open to the public. He thought this would be a proper © interpretation. He stated they would apply this when they get a complaint on a commercial or multi - family building. Councilmember Trude wondered if there would be an issue if someone was trying to sell their home and the neighbor's driveway was not maintained properly and they called City Hall to complain. This would become part of the nuisance code and the Council had not talked about that as a policy and if they want to go that far. She stated the heading indicates off street parking and many of the categories include residential. Under the heading "design standards," number two, is "residential design standards" and three is about where you can have your curb cut, whether it is residential or multi- family. She wanted to make sure this is what the Council wants. Mr. Carlberg indicated Section D would be an addition to the code. Councilmember Bukkila stated as she reads it, under the specs where it says "all driveways," makes her think that everything that follows is encompassed in all driveways, not citing public location. Councilmember Knight wondered how specific they wanted to be. Mr. Carlberg stated if the concern is a neighbor complaining about another neighbor's driveway condition and if the Council does not want the City to have the ability to tell the resident they have to maintain it, then "residential, single family" should be exempted from the code. Mayor Gamache stated the specifications for all driveways to be surfaced in accordance with the standard specifications as adopted by the City and on file with the office of the City Engineer has not changed and has been written that way previously. © Regular Andover City Council Meeting Minutes —January 2, 2013 Page 6 Mr. Berkowitz clarified the City Code for the Council. He suggested they change the title of the section to "Maintenance of Public Parking Facilities" to cover that and they can always refer back to Title 9 as to what the requirements are for residential. Mr. Carlberg asked if that would address multi - family. City Attorney Baumgartner stated his concern is if they have a multi - family unit that has a private parking area for tenants only, would this be considered public or private. They could run into the same situation where they would have twenty spots available solely for the use of reserved spots for tenants, and he could argue that it would be considered private and would not meet the definition. Councilmember Trude stated when you are using the term "parking facilities," the intent is to describe a place where multiple vehicles would be parked. City Attorney Baumgartner stated if they are talking about omitting single - family from this section, they could insert language and have the title read "Maintenance of Non - Single Family Parking Facilities." Then they are omitting single - family and dealing with everything else. Councilmember Trude thought this may be something that people should maintain with part of their home but the words are a little bit "flowery" and it becomes subjective. She questioned if you have to maintain it in a neat and adequate manner, whose judgment call is it as to whether or not the parking area looks neat. Councilmember Trude thought the word "neat" should not be included because it opens up the door to having subjective standard. Councilmember Bukkila stated the City does not want to have to force businesses to do something but she thought they should treat it the same way as they do at the City. Councilmember Trude thought the whole point is safety for the public. Councilmember Bukkila stated in regard to easements, they are talking about not letting trees grow into the right -of -way because it was costing the City money to maintain. She was under the impression that the obligation for a tree creating the canopy and interfering with the street was on the property owner. Mr. Berkowitz stated the City removes the obstruction from the right -of -way at the City's expense so the intent is that in the future the resident needs to plant the tree outside of the right -of -way so there is not as much of an issue when the tree grows. Councilmember Bukkila thought the resident would need to maintain their trees and bushes and pay for them. Mr. Berkowitz stated the City has an obligation as the jurisdiction over their local streets to make sure that they are safe so anything from the curb line fifteen feet up has to be cut so trucks are not running into it and that is the City's current requirement. Councilmember Trude stated they do not want the public to think this is about trees that are in place because the City will not be taking trees out. She thought it meant that people need to © realize where they will be planting a tree before they actually plant it. Mr. Berkowitz stated there are private utilities within the boulevard so there are other impacts when they reconstruct a road. Any tree that is within five feet of the proposed curb has to be removed so they are trying to prevent that in the future. © Regular Andover City Council Meeting Minutes — January 2, 2013 Page 7 Councilmember Bukkila thought it was unfortunate that it has to be a City expense rather than a homeowner's expense. She thought a letter to the resident to remove the branch or tree would work. Mr. Berkowitz stated if they informed the resident that a branch needed to be removed, it would likely not get done so the City gets it done. Motion by Bukkila, seconded by Knight, to Approve Ordinance 426 as amended, Amending City Code Title 8: Public Ways and Property, City Code Title 11: Subdivision Regulations and Title 12: Zoning Regulations. Motion carried unanimously. Motion by Bukkila, seconded by Knight to Approve Ordinance 426 Amendment Summary for Publication. Motion carried unanimously. SCHEDULE FEBRUARYEDA MEETING Mr. Dickinson requested the Council schedule a February EDA meeting. Motion by Trude, Seconded by Howard, to schedule an EDA Meeting on February 5, 2013, at 6:00 p.m. Motion carried unanimously. SCHEDULE JANUARY WORKSHOP MEETING Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Councilmember Trade suggested they pick one workshop date and the other could be for Commission interviews. Motion by Knight, Seconded by Trade, to schedule a Workshop Meeting on January 22, 2013, at 6:00 p.m. Motion carried unanimously. SCHEDULE COMMISSION INTER VIEW DATES Mr. Dickinson requested the Council schedule tentative Commission Interview dates. Motion by Bukkila, Seconded by Knight, to schedule a Workshop Meeting on January 28 and January 29, 2013, at 6:00 p.m. Motion carried unanimously. a CONSIDER JOINT MEETING WITH LOWER R UM RIVER WMO MEMBER SITES Mr. Dickinson requested the Council provide potential dates for a joint meeting with Lower Rum River Water Management Organization member cities. Regular Andover City Council Meeting Minutes — January 2, 2013 Page 8 Motion by Trude, Seconded by Bukkila, to suggest the dates of April 11 or April 25, 2013, at 6:00 p.m. Motion carried unanimously. SCHEDULE LOCAL BOARD OF REVIEW MEETING Mr. Dickinson requested the Council provide dates for a Local Board of Review Meeting. Motion by Trude, Seconded by Howard, to suggest a Local Board of Review Meeting be held on either April 15 or April 22, 2013, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on administration and city department activities. MAYORICOUNCIL INPUT (Fire Department) Councilmember Bukkila stated the Fire Fighters and Public Safety Department in Anoka County take part in the Polar Plunge to raise money for the Special Olympics. She stated that if the Fire Fighters can raise $500 she will take the plunge. (City Snow Upkeep) Mayor Gamache thanked the Public Works Department for keeping the roads safe during the snowfall. ADJOURNMENT Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:07 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes —January 2, 2013 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JANUARY 2, 2013 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 OATH OF OFFICE/NEWLY ELECTED OFFICIALS .................................. ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 3 CONSENTITEMS .......................................................................................... ............................... 3 ApprovePayment of Claims ........................................................................ ............................... 3 Approve 2013 CDBG Application (See Resolution R001- 13) .................... ............................... 3 Approve Resolution Approving State of Minnesota Joint Powers Agreement /City of Andover Prosecuting Attorney (See Resolution R002- 13) ................................. ............................... 3 Approve Joint Powers Agreement/Northwest Anoka County Community Consortium (See ResolutionR003 -13) ................................................................................... ............................... 3 Accept Feasibility Report/Order Public Hearing/13- 2/2013 Street Reconstruction (See ResolutionR004 -13) ................................................................................... ............................... 3 Approve Appointment — Streets Supervisor ................................................ ............................... 3 APPROVE OFFICIAL DEPOSITORIES & BANKS (See Resolution R005- 13) ......................... 3 DESIGNATE OFFICIAL NEWSPAPER ....................................................... ............................... 4 APPOINT ACTING MAYOR ......................................................................... ............................... 4 APPOINT STANDING COMMITTEES ........................................................ ............................... 4 APPROVE AMENDMENTS TO THE CITY CODE, TITLES 8, 11 AND 12 (See Ordinance 426) .............................................................................................................. ............................... 4 SCHEDULE FEBRUARY EDA MEETING .................................................. ............................... 7 SCHEDULE JANUARY WORKSHOP MEETING ....................................... ............................... 7 SCHEDULE COMMISSION INTERVIEW DATES ..................................... ............................... 7 CONSIDER JOINT MEETING WITH LOWER RUM RIVER WMO MEMBER CITIES......... 7 SCHEDULE LOCAL BOARD OF REVIEW MEETING .............................. ............................... 8 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR /COUNCIL INPUT ........................................................................... ............................... 8 FireDepartment ........................................................................................... ............................... 8 CitySnow Upkeep ...................................................................................... ............................... 8