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HomeMy WebLinkAboutCC - December 17, 2013C I T Y O F to 1 ND OijE RJ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, December 17, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/26/13 Workshop; 11/26/13 Closed; 12/3/13 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve 2014 Liquor Licenses —Administration 4. Approve 2014 Massage Therapy License — Administration 5. Approve 2014 Animal Control Contract — Administration 6. Approve 2014 Tobacco Licenses —Administration 7. Approve 2014 Private Kennel License —Administration 8. Approve 2014 Contract/TimeSaver Secretarial Service — Administration 9. Adopt 2014 Fee Ordinance & Update to City Code Title 9— Administration 10. Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees — Administration © 11. Approve Amended Personnel Policy - Administration 12. Approve Amendment to City Code Title 14, Flood Control — Planning 13. Accept Metro Big Rivers Phase 4 grant for Martin's Meadows Improvements - Engineering 14. Order Feasibility Report/12- 37A/Andover Blvd. NW & Crosstown Blvd. NW Turn Lane Improvements — Engineering 15. Approve Change Order #1/12-3 1 /Sports Complex/3535 —161st Ave. NW/Irrigation Well Pumping System - Engineering 16. Order Improvement/Order Plans & Specs /14 -10 /Station Parkway NW Reconstruction - Engineering 17. Order Improvement /Order Plans & Specs /14 -1 l/Prairie Road NW Overlay — Engineering 18. Accept Donation — Wal -Mart — Fire 19. Approve Used Vehicle Sales Business License /Get In and Go Auto, LLC /16191 Round Lake Boulevard — Administration 20. Declare Surplus Equipment - Finance Discussion Items 21. Anoka County Sheriff's Office Monthly Report — Sheriff 22. Consider Request of Larry Emmerich to be Allocated Lot/Units for White Pine Wilderness - Planning 23. Approve CUP for In -Home Therapeutic Massage Establishment —13847 Raven Street NW - Planning 24. Approve Therapeutic Massage Establishment License/l3847 Raven Street NW — Administration 25. Approve Resolution 2014 Property Tax Levy and Budget- Administration 26. Approve Resolution 2014 Debt Service Charges- Administration Staff Items 27. Schedule Advisory Commission Interviews 28. Administrator's Report — Administration © Mayor /Council Input Adjournment REGULAR ANDOVER CITY COUNCIL MEETING —DECEMBER 17, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 17, 2013, 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 Community Development Director, Dave Carlberg Director of Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Staff submitted the following supplemental information: Item 9, revision to page 18; Remove Item 12; Supplemental information for Item 21; and Item 25 Staff submitted additional Item 29, reschedule February 4, 2014 City Council meeting. Councilmember Trade stated she would like to have Item 13 (Accept Metro Big Rivers Phase 4 grant for Martin's Meadows Improvements) pulled from consent and put on discussion. Councilmember Howard stated he would like to have Item 9 (Adopt 2014 Fee Ordinance & Update © to City Code Title 9) pulled for discussion. Motion by Trade, Seconded by Howard, to approve the Agenda as amended above. Motion carried unanimously. © Regular Andover City Council Meeting Minutes —December 17, 2013 Page 2 APPROVAL OF MINUTES November 26, 2013, Workshop Meeting: Tabled. Councilmember Trude stated she wanted to make sure there was better explanation for the road overlay program that was discussed so she would like to send this back for staff to supplement the minutes and she also would like to have Mr. Dickinson add comments under the budget regarding a question she asked. Motion by Trude, Seconded by Knight, to table the minutes until the next Council meeting. Motion carried unanimously. November 26, 2013, Closed Meeting: Correct as written. Motion by Trude, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. December 3, 2013, Regular Meeting: Correct as written. Motion by Howard, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve 2014 Liquor Licenses Item 4 Approve 2014 Massage Therapy License Item 5 Approve 2014 Animal Control Contract Item 6 Approve 2014 Tobacco Licenses Item 7 Approve 2014 Private Kennel License Item 8 Approve 2014 Contract/Timesaver Secretarial Service Item 10 Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees (See Resolution R116 -13) Item 11 Approve Amended Personnel Policy Item 14 Order Feasibility Report/12- 37A/Andover Blvd NW & Crosstown Blvd NW Turn Lane Improvements (See Resolution R117 -13) Item 15 Approve Change Order #1/12 -31 /Sports Complex /3535 —1615` Ave NW /Irrigation Well Pumping System (See Resolution R124 -13) © Item 16 Order Improvement/Order Plans & Specs /14 -10 /Station Parkway NW Reconstruction (See Resolution R118 -13) Item 17 Order Improvement /Order Plans & Specs /14 -11 /Prairie Road NW Overlay (See Resolution R119 -13) © Regular Andover City Council Meeting Minutes — December 17, 2013 Page 3 Item 18 Accept Donation— Wal -Mart (See Resolution R120 -13) Item 19 Approve Used Vehicle Sales Business License /Get In and Go Auto, LLC /16191 Round Lake Boulevard Item 20 Declare Surplus Equipment Motion by Knight, Seconded by Howard, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT Commander Kevin Halweg presented the November 2013 Anoka County Sheriff's Department report to the City Council. CONSIDER REQUEST OF LARRY EMMERICH TO BE ALLOCATED LOTIUNITS FOR WHITE PINE WILDERNESS Mr. Carlberg explained in 2006, the preliminary plat for White Pine Wilderness was approved with 60 lots /sewer units. Currently, homes have been constructed on 15 lots. In September 2010, the City © purchased 20 acres of open space from Mr. Emmerich; which was part ofthe White Pine Wilderness preliminary plat that would have been 18 lots /sewer units. Mr. Emmerich met with City staff to discuss the submittal of a revised plat for White Pine Wilderness 2nd Addition; at which time he was informed that 27 sewer units were available for the 2nd Addition. Mr. Emmerich is proposing 35 lots /sewer units in the next phases of the development. Mr. Carlberg reviewed the staff report with the Council. Councilmember Trude stated when she saw the proposal she was confused at how Mr. Emmerich could lose something he already had when he is already in the MUSA. Mr. Carlberg indicated when he said lost, he meant the City acquired the parcel of land where 14 units sat or were allocated to. Mayor Gamache did not think this required any additional Comprehensive Plan amendment because it is the same area that was previously approved. Mr. Carlberg indicated that is correct. Councilmember Bukkila asked how many lots were in the original plat in phase two. Mr. Carlberg indicated there would have been 31 lots in the area remaining to be final platted. City staff reviewed with the City Council the history of the plat approval © Councilmember Bukkila did not think this made sense because once compensation is received she did not think the City would need to give back the lot allocation. Councilmember Trude stated this was not part of the negotiations. There was never any discussion © Regular Andover City Council Meeting Minutes —December 17, 2013 Page 4 or deal with any land; it needed to be in writing. Councilmember Howard stated there were always going to be residential lots on the property; he sold the property, lost the rights to the lots in the open space. He re- evaluated the property and was able to add four more lots than what was originally approved. Mr. Emmerich is looking to add four more lots onto his property and is asking for Council consideration. Mr. Carlberg indicated that is correct. Mr. Dickinson stated Mr. Emmerich is looking for Council consideration on adding four additional lots to what he currently has available for property. Councilmember Knight asked what the smallest sized lots would be. Mr. Carlberg stated the typical standard is 80 feet by 130 feet, which is the smallest that can be done in an R -4 District. Mayor Gamache asked where on the original plan the additional four lots would be located. Mr. Carlberg stated the plat has been completely revised to include the lots. Councilmember Bukkila asked what would be north of this property for buffering. Mr. Carlberg hoped it would be open space that the City would be purchasing in January 2014. © The Council discussed connecting properties and future development. Mr. Larry Emmerich, 1341 161 s` Avenue NW, was at the meeting to answer questions. Councilmember Bukkila asked what the plans were for building. Mr. Emmerich stated he was hoping to have the project built out in three to four years. He would start out with ten lots and then phase in ten more lots in the following year. Councilmember Trude asked what the reason was for redesign. Mr. Emmerich stated the main reason for the redesign had to do with two factors: one was the sale of the open space he sold to the City; and, the other was the proposed open space purchase to the north. He stated he had to reconfigure access to the development along with removing a proposed park in the development because he figured the lots would be large enough to allow people to have play equipment in their own yards. Councilmember Bukkila stated she is comfortable with this but wanted to stress that the City did not owe this to Mr. Emmerich because of the open space purchase. She wanted to make sure this did not exceed thirty-five units. Motion by Trude, Seconded by Knight, to authorize the preliminary plat to come back for review © with up to 35 lots with sewer and water. If the open space purchase does not go through to the north, the developer needs to reconfigure the plat to grant access to the northern properties. Councilmember Trude stated she liked the redesign and that he sold property to the City for open Regular Andover City Council Meeting Minutes —December 17, 2013 Page 5 space and she did not want to see Mr. Emmerich penalized for doing so. Friendly Amendment by Councilmember Howard to add that if the open space purchase does not move forward, the plat will change to grant access to the northern properties. Councilmember Trade agreed and did not have a problem with adding this to the motion. Motion carried unanimously. APPROVE CUP FOR IN -HOME THERAPEUTIC MASSAGE ESTABLISHMENT — 1384 7 RAVEN STREET NW Mr. Carlberg stated Kristine Maravelas, applicant, is seeking a conditional use permit for an in- home therapeutic massage establishment. Therapeutic massage is permitted as a conditional use in an R -4 Single Family -Urban zoned district as a Home Occupation. The 0.26 acre parcel is located north of Bunker Lake Blvd. NW. The proposed massage area will be located in a room in the basement and will require no physical changes to the interior or exterior. There will be no outdoor space used. © Mr. Carlberg reviewed the staff report with the Council. Motion by Knight, Seconded by Howard, to approve Resolution R121 -13, approving a Conditional Use Permit for On -Site In -Home Therapeutic Massage Services on property located at 13847 Raven Street NW. Motion carried unanimously. APPROVE THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE 113847 RAVEN STREET NW Mr. Carlberg stated Kristine Maravelas has applied for renewal of her license, paid the appropriate fee and been approved by the Sheriff's Office. Mr. Carlberg reviewed the staff report with the Council. Mr. Dickinson reviewed that this is renewal for Ms. Maravelas, she has operated at another establishment in the City. Motion by Trade, Seconded by Knight, to approve the license for the period of January 1, 2014 through December 31, 2014. Motion carried unanimously. APPROVE RESOLUTION 2014 PROPERTY TAX LEVY AND B UDGET Mr. Dickinson stated each year the City Council is required by State law to adopt an annual © budget and submit a property tax levy certification to Anoka County Property Records and Taxation Division. The deadline for this submission is December 30, 2013. Mr. Dickinson reviewed the staff report with the Council. © Regular Andover City Council Meeting Minutes —December 17, 2013 Page 6 Councilmember Trude stated a couple of residents would like a couple of items discussed. One is if the value of their house went down, why didn't the property taxes go down. The second question is if homes are being built in Andover, does that not help the tax burden of all the taxpayers in Andover overall. Mr. Dickinson stated new homes do help the tax burden overall. One thing to keep in mind is they have a total market value decrease from 2013 to 2014 of about 2.5 percent. There were also significant declines in market value for commercial businesses. Most residential properties also dropped between 3 and 4 percent. If someone's value dropped but did not drop in the average of the rest of the community, there is a possibility that their property taxes could go up. He stated the levy is spread by a percent allocation based on individual taxable market values. Mr. Dickinson stated as they continue to have residential and commercial development activity, it will help the overall tax base and spread the tax levy out to new properties, hopefully reducing the tax rate. Councilmember Trude asked with the new homes being built, when will that benefit the tax base. Mr. Dickinson stated this past year's new construction would benefit the tax base in 2015. He © noted there will also be significant new commercial construction. Mr. Dickinson reviewed the valuation process with the Council. Mr. Jim Junker, 13503 Crooked Lake Boulevard, wondered how many millions the City was in debt and how is the City going to pay this debt off. Mr. Dickinson stated the City has tax supported debt that would total approximately the mid -$40 million range, although with the City holding funds in reserve from refunding bonds the net tax supported debt is in the low $20 million range. He noted the biggest debt is from the Community Center which will ultimately be paid off in 2034 and a majority of the other debt will be retired within 10 years. Mr. Junker also wondered about the cost of police and why is that so high. He thought this was a lot to pay for this service. Mr. Dickinson reviewed what all was included in the Sheriff s Department contract; it is more than just the deputies salaries. Mr. Junker thought the taxpayers were paying for everything and going broke. Mayor Gamache stated the City has been trying to hold property taxes evenly over the years but this is not feasible to do every time. He reviewed items that the City has done to keep the taxes down over the years. He noted there are a lot of roads that need fixing and the City needs to fix these before it ends up costing the residents even more. © Mr. Junker also felt the City was plowing when it was not needed. He thought the City needed to be more conscious of the tax payer's money. Gary Rolli, 2815 135' Circle, stated it seems like when the taxes go up, there is not enough Regular Andover City Council Meeting Minutes —December 17, 2013 Page 7 revenue coming in so taxes need to be raised to maintain what the City already has. He did not think the debt was as high as when he first moved in and taxes are higher now with less debt which does not make sense to him. Mr. Dickinson stated one thing about debt is what revenue the City has that pays the debt down. He explained how debt is paid down by using assessments and tax levy. Councilmember Knight noted the City is one of leanest cities in the area based on the number of employees the City has. The Council thanked Mr. Junker and Mr. Rolli for taking the time to view their opinions. Motion by Trude, Seconded by Howard, to approve Resolution R122 -13, indicating a total 2014 property tax levy of $10,843,925 to be submitted to the Anoka County Property Records and Taxation Division by December 30, 2013 and establishes the 2014 City of Andover Budget. Motion carried unanimously. APPROVE RESOLUTION 2014 DEBT SERVICE CHARGES © Mr. Dickinson stated Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2014 that would have been certified to Anoka County as part of prior years' bonds sales. Mr. Dickinson reviewed the staff report with the Council. Motion by Bukkila, Seconded by Knight, to approve Resolution R123 -13, updating certified bonded indebtedness levies for 2014. Motion carried unanimously. ACCEPT METRO BIG RIVERS PHASE 4 GRANT FOR MARTIN'S MEADOWS IMPROVEMENTS Mr. Berkowitz stated the City Council is requested to accept a grant agreement with the non- profit organization, Great River Greening (GRG), as a part of a multi - partner, Metro Big Rivers Phase 4 project under the Lessard -Sams Outdoor Heritage program. The grant will help fund habitat improvement efforts at Martin's Meadows. GRG works with government agencies to acquire grants and complete these types of projects. Mr. Berkowitz reviewed the staff report with the Council. Mayor Gamache asked what people will see as far as work going on. Mr. Berkowitz stated there © will be some equipment going onto the site and staff has secured access from an adjacent property to the south. Councilmember Trude thought this was an important grant the City received and she wanted to Regular Andover City Council Meeting Minutes — December 17, 2013 Page 8 compliment staff for pursuing the grant. Motion by Trude, Seconded by Howard, to accept the grant under the Metro Big Rivers Phase 4 project. Motion carried unanimously. ADOPT 2014 FEE ORDINANCE & UPDATE TO CITY CODE TITLE 9 Mr. Dickinson stated each year staff reviewed the fees that are charged for various permits, licenses, service charges and other items and recommends changes to certain fees. Councilmember Howard asked staff to clarify that non - profits will not be charged for use of meeting rooms. Mr. Dickinson stated that is the case and he would add language to the schedule identifying that is the case. Councilmember Howard stated he would like to have the fee raised fifty cents or a dollar on new building escrows for concrete related items. He was looking out for the new homeowner and would like to change the fee schedule increasing it to $3.50 /sq. foot. Motion by Howard, Seconded by Trude, to adopt the Fee Ordinance with the discussed revisions for 2014 effective January 1, 2014 and the summary of the ordinance for publication; changes to Title 9; in addition to, extending the Pilot Project through 2014 and the attached City of Andover 10t` Judicial District Ordinance Violations. Motion carried unanimously. (See Ordinance 434) SCHEDULE ADVISORY COMMISSION INTERVIEWS Mr. Dickinson requested the Council schedule Advisory Commission Interviews for Tuesday, January 14, 2014, at 6:00 p.m. Motion by Trude, Seconded by Knight, to schedule Advisory Commission Interviews on Tuesday, January 14, 2014, at 6:00 p.m. Motion carried unanimously. RESCHEDULE FEBRUARY 4, 2014 CITY COUNCIL MEETING Mr. Dickinson requested the Council reschedule the February 4, 2014 City Council meeting for Wednesday, February 5, 2014 at 7:00 p.m. The meeting date currently conflicts with the 2014 caucuses. Motion by Trude, Seconded by Knight, to reschedule the February 4, 2014 City Council meeting for Wednesday, February 5, 2014. Motion carried unanimously. © ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders /community events. Regular Andover City Council Meeting Minutes —December 17, 2013 Page 9 Councilmember Trade thanked City staff for the great work snow plowing the roads. Councilmember Knight concurred. MAYOR/COUNCIL INPUT (Thanks) Mayor Gamache thanked the Governor and Representative Peggy Scott for coming out to the Community Center Ice Arena and honoring Mr. Toronto for his award last week. Councilmember Trade thought Mr. Toronto was a very humble person. (North Metro Mayors Event) Councilmember Trade stated the North Metro Mayor's December event had transportation speakers including the MnDot Commissioner talking about road funds. (Holiday Wishes) Mayor Gamache wished everyone a Merry Christmas and happy and safe holiday season. ADJOURNMENT Motion by Bukkila, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:50 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — December 17, 2013 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — DECEMBER 17, 2013 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 ApprovePayment of Claims ........................................................................ 2 ............................... Approve 2014 Liquor Licenses .................................................................... ............................... 2 Approve 2014 Massage Therapy License .................................................... ............................... 2 Approve 2014 Animal Control Contract ...................................................... ............................... 2 Approve 2014 Tobacco Licenses ................................................................. ............................... 2 Approve 2014 Private Kennel License ........................................................ ............................... 2 Approve 2014 Contract/Timesaver Secretarial Service ............................... ............................... 2 Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees (See Resolution R116 -13) .............................................................................................. ............................... 2 Approve Amended Personnel Policy ........................................................... ............................... 2 Order Feasibility Report/12- 37A/Andover Blvd NW & Crosstown Blvd NW Turn Lane Improvements (See Resolution R117- 13) ............................................ ............................... 2 Approve Change Order #1/12 -31 /Sports Complex/3535 —1615 Ave NW /Irrigation Well Pumping System (See Resolution R124- 13) ........................................ ............................... 2 Order Improvement/Order Plans & Specs /14 -10 /Station Parkway NW Reconstruction (See ResolutionR118- 13) ............................................................................ ............................... 2 Order Improvement/Order Plans & Specs /14 -11 /Prairie Road NW Overlay (See Resolution R119 -13) .............................................................................................. 2 ............................... Accept Donation — Wal -Mart (See Resolution R120- 13) ............................ ............................... 3 Approve Used Vehicle Sales Business License /Get In and Go Auto, LLC /16191 Round Lake Boulevard............................................................................................. ............................... 3 Declare Surplus Equipment ..................:...................................................... 3 ............................... ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 CONSIDER REQUEST OF LARRY EMMERICH TO BE ALLOCATED LOT/UNITS FOR WHITEPINE WILDERNESS .................................................................... ............................... 3 APPROVE CUP FOR IN -HOME THERAPEUTIC MASSAGE ESTABLISHMENT —13847 RAVEN STREET NW (See Resolution R121- 13) ..................................... ............................... 5 APPROVE THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE /13847 RAVEN STREETNW ............................................................................................... ............................... 5 © APPROVE RESOLUTION 2014 PROPERTY TAX LEVY AND BUDGET (See Resolution R122- 13) ...................................................................................................... 5 ............................... APPROVE RESOLUTION 2014 DEBT SERVICE CHARGES (See Resolution R123- 13) ........ 7 ACCEPT METRO BIG RIVERS PHASE 4 GRANT FOR MARTIN'S MEADOWS Regular Andover City Council Meeting Minutes —December] 7, 2013 Page 11 IMPROVEMENTS...................................................................................... ............................... 7 ADOPT 2014 FEE ORDINANCE & UPDATE TO CITY CODE TITLE 9 (See Ordinance 434) 8 SCHEDULE ADVISORY COMMISSION INTERVIEWS ........................... ............................... 8 RESCHEDULE FEBRUARY 4, 2014 CITY COUNCIL MEETING ............. ............................... 8 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 Thanks........................................................................................................ ..............................9 NorthMetro Mayors Event .......................................................................... ............................... 9 HolidayWishes ............................................................................................ ............................... 9 ADJOURNMENT............................................................................................ ............................... 9 Q C� J