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HomeMy WebLinkAboutCC - September 3, 2013Regular City Council Meeting — Tuesday, September 3, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Constitution Week Proclamation - October 2014 Domestic Violence Awareness Month Resident Forum Agenda Approval Approval of Minutes (8/20/13 Regular; 8/20/13 Closed; 8/20/13 Special; 8/20/13 Special Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Proposal/l3 -27 Third Generation Surface Water Management Plan - Engineering 4. Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Server Repair — Engineering 5. Accept Petition/Approve Costs /Waive Public Hearing /Order and Adopt Assessment Roll/13797 Jay St. NW /Sewer Availability & Water and Sanitary Sewer Connection — Administration ® 6. Approve 2014 Anoka County Sheriff Contract — Administration 7. Approve Cleaning Services Contract /CMT Diversified - Finance Discussion Items 8. Hold Public Hearing/Adopt Assessment Roll/11 -10 /South Coon Creek Drive NW Reconstruction — Engineering 9. Review /Adopt 2014 Preliminary Tax levy — Administration /Finance 10. Review /Adopt 2014 Debt Service Levy Changes — Administration /Finance 11. Set Truth in Taxation Hearing Date - Administration /Finance Staff Items 12. Administrator's Report — Administration Mayor /Council Input Closed Session - Public Works Union Negotiations Update Adjournment X ANDOVEA REGULAR ANDOVER CITY COUNCIL MEETING —SEPTEMBER 3, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 3, 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 Director of Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE PROCLAMATION— CONSTITUTION WEEK Mayor Gamache read the Constitution Week Proclamation and recognized September 17, 2013 to September 23, 2013 as Constitution Week in the City of Andover. PROCLAMATION — OCTOBER 2013 DOMESTIC VIOLENCE A RARENESS MONTH Mayor Gamache proclaimed October 2013 as Domestic Violence Awareness Month. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Staffpresented supplemental information for Item 8 "Hold Public Hearing/Adopt Roll /11 -10 /South Coon Creek Drive NW Reconstruction." Mr. Dickinson indicated a number of letters from residents were received after the packet went out. Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — September 3, 2013 Page 2 APPROVAL OF MINUTES August 20, 2013, Regular Meeting: Correct as amended. Councilmember Trude stated on page 4, the resolution had an added Condition 3 that should read: "Inspection by the Building Department" rather than what was indicated in the minutes. Motion by Knight, Seconded by Howard, to approve the minutes as corrected above. Motion carried unanimously. August 20, 2013, Closed Session Meeting: Correct as written. Motion by Trude, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. August 20, 2013, Special Session Meeting: Correct as written. Motion by Trude, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. August 20, 2013, Special Closed Session Meeting: Correct as written. Motion by Trude, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Proposal /13 -27 Third Generation Surface Water Management Plan Item 4 Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair (See Resolution R074 -13) Item 5 Accept Petition/Approve Costs/Waive Public Hearing/Order and Adopt Assessment Roll/13797 Jay Street NW /Sewer Availability & Water and Sanitary Sewer Connection (See Resolution R075 -13) Item 6 Approve 2014 Anoka County Sheriff Contract Item 7 Approve Cleaning Services Contract /CMT Diversified Motion by Howard, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — September 3, 2013 Page 3 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLLI11- 101SOUTH COON CREEK DRIVE NW RECONSTRUCTION Mr. Berkowitz explained the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 11 -10, South Coon Creek Drive NW Reconstruction. Mr. Berkowitz reviewed the information with the Council. Motion by Knight, Seconded by Bukkila, to open the public hearing at 7:15 p.m. Motion carried unanimously. Mr. Dionicio R. Borja, 2763 South Coon Creek Drive NW, stated he has reviewed all of the relevant project materials for the construction project and the proposed assessment for his property appears rather high. He objects to the proposed high assessment because he did not know how the assessment for his property was calculated. He asked for the methodology used to calculate individual assessments for all the affected parcels, including his. He also wondered what appraisals ® the City has obtained to determine the increase in market value for the properties proposed to be assessed. Mr. Borja asked if an appraisal has been conducted by the City for his property and if so, what was the amount of the purported "special benefit" to his property determined by the appraisal, if any. He also believed that the amount proposed to be assessed to his property was not consistent with any increase in market value /special benefit to his property because the project essentially involves a street reconstruction of a previously useable street, and the amount proposed to be assessed to his property should be reduced. Mr. Borja noted his property is unimproved land with approximately 83 percent wetland and 17 percent buildable, in which an 868 foot elevation and below is considered wetland. He wondered if the City assessed the golf course owner and if not, why. Mr. Borj a felt those owners received an indirect benefit because South Coon Creek Drive NW is their access to get in and out. He asked the City Council to reduce the total amount of his proposed assessment and consider using Municipal State Aid Funds rather than high assessments to rural lots. Mayor Gamache noted the golf course has been closed for four or five years and the golf course was assessed under a previous project. Mr. Berkowitz stated the golf course property was not assessed for this project; it was assessed as part of the Woodland Creek Golf Villa's project. Mr. Dickinson noted the amount assessed was close to $50,000. Mr. Berkowitz reviewed the feasibility report that was prepared in January 2012. © Mayor Gamache noted the City does not do appraisals of the property to address the special benefit issue. That that is part of the whole process they go through but without the actual appraisal. Mr. Berkowitz stated they do not appraise the property. Mr. Dickinson stated the feasibility analysis and then going through the 429 process is what the City uses to establish the basis for an assessment to a © Regular Andover City Council Meeting Minutes —September 3, 2013 Page 4 property and the value amount. Mayor Gamache stated on the last issue, the State Aid Program was involved in this project. Mr. Berkowitz indicated it was, they have State Aid approved plans, requested State Aid money, and received $1.4 million up to this point. They have not done a final yet, and that amount was a partial request. As far as the State Aid designation, this road has been improved with State Aid funds in the past. Mayor Gamache asked where State Aid dollars need to be spent. Mr. Berkowitz stated there is a State Aid prescribed process the City goes through. He reviewed that process with the Council. Councilmember Trude stated with the 429 process, there is the presumption that the project brings value to the property. Mr. Berkowitz stated State Aid was used in the project which brought the price of the project down overall. State Aid money is used to do projects on State Aid roads and includes maintenance, bridge work, and other improvements on those roads. ® Mayor Gamache stated the City set a 25% assessment across the City for every road project they do. He explained that 75% is paid from the City's budget and 25% is assessed back to the residents, this is the policy. Mayor Gamache stated the only question that does come up is the unimproved land question and he was not sure what or how this can be addressed. Mr. Berkowitz stated if the land is not buildable, then there is the potential that the assessment can be waived but it has to be understood that the land would not be built on in the future. Some proof would need to be shown that there is a wetland delineation or other evidence that it is not buildable. From what the City could tell, Mr. Bor a's property is buildable and that is the reason for the assessment. Mr. Borj a stated if the property is developed, a holding pond could be created to control surface run off. The wetlands could be made buildable but he would still need to create a holding pond for the water runoff. He wanted to add that when the street was built, he provided the right -of -way for the road at no cost to the City and he wondered if he could benefit from that. Mayor Gamache did not know how this would have been handled in the 1970s because Andover was not a City then, it was a Township. He is not sure if this is something that could be looked at legally. Mr. Berkowitz stated the road was built in 1978. Mr. Dickinson stated the terms would have been for that point of time and for that construction. He stated there are two PID numbers that are identified relevant to this assessment so that assumes there are two buildable lots. © Mayor Gamache stated the review for potential of non -build ability would have to take place if anything could be done for that item. Mr. Dickinson stated at this point, an objection is being logged to the assessment and then he will need to file with District Court if he wants further action taken. © Regular Andover City Council Meeting Minutes — September 3, 2013 Page 5 Councilmember Trude stated even property owners who do not have a residence on the property still receive the benefit of an improved road. She stated there are services provided even for vacant parcels. Mr. Wes Spadgenske, 2934 South Coon Creek Drive, asked how the assessment is determined because he lives in the middle of the road and no matter which way he goes, the benefit he gets is only half as much as somebody that lives on one end or the other. He also wondered after looking at the Nightingale Street project how the City determines whether or not a street should have curb and gutter. Councilmember Howard stated the reason for the curb and gutter was to allow a trail to be put in. Mr. Berkowitz agreed and explained that curb and gutter was needed for a barrier for trail protection along Nightingale Street. Councilmember Knight stated curbs do extend the life of the road. Mr. Joseph Van Dam, 2543 South Coon Creek Drive, stated he purchased the property in March © after the road was completed. It was a short sale so he ended up with the assessment. He does appreciate that the City is concerned about keeping up the roads. Mr. Van Dam stated he did submit an objection. The first concern he has is there is a property ID not listed on the roll that is farm land, but it is a very long stretch of the road and is zoned urban. He wondered why that property is not assessed. Mr. Berkowitz showed the parcel in question and stated there are two agricultural properties along the corridor. That piece is not considered buildable because there is not enough front footage. The other agricultural piece is being assessed, but the assessment will be deferred. Mayor Gamache stated even though it is on the assessment roll, they are not responsible for paying the assessment at this time. Mr. Berkowitz explained that because it is agricultural property, the assessment can be deferred. If there is nothing done on the property for fifteen years, the cost is absorbed by the City. If the property owner does anything to develop the property within the next fifteen years, the assessment will need to be paid. Mr. Van Dam stated he just became aware of some new information tonight which brings up other questions. There are several properties that are zoned urban on the zoning map and he wondered why the City chose a different method of assigning urban versus rural lots for this assessment rather than just following the zoning map. Mr. Berkowitz stated the feasibility report identified what they were dealing with. Those parcels that may be zoned R -4 are still larger parcels and do not have © sewer and water accessibility. Mr. Van Dam stated this street is not your typical City street, it has a mix of small residential lots and also very large residential lots. There are five or six properties that throw off the balance. If they © Regular Andover City Council Meeting Minutes — September 3, 2013 Page 6 were to assess based on actual street frontage, there are five or six lots that would be at $17,000 so the rest of the property owners have to subsidize all of the larger lots in the area. Councilmember Trude stated these are the kind of numbers that are seen when people have private utilities. The large lots probably skew it a little bit but that is the way it is in rural neighborhoods because of the topography. Mr. Van Dam stated more is charged to the rural lots but there is not additional benefit to them and the City did not assess anyone that has to access their neighborhood through South Coon Creek Drive. Mr. Van Dam noted there are at least four streets that have to access their neighborhood through South Coon Creek Drive and there was no assessment to those houses. Mayor Gamache stated they are not assessed per City policy. Mr. Dickinson stated when their road is improved, they will be assessed for that. Mayor Gamache stated this is the City's policy and it is not changed each time a road is assessed. Councilmember Bukkila stated the residents are bringing up some valid points that the Council has previously discussed and many of them were not unanimously agreed upon. ® Mr. Van Dam stated the particular method that was chosen was the worst method that could be chosen for the rural lots. Any other method that would have been chosen would have been $500 to $1,000 lower per lot. Councilmember Bukkila stated that would not be true for the rural lots, they would have been more. Mayor Gamache stated if the Council would have chosen a different way, either someone else would have to pay for a road they do not actually live on, which is against City policy, or people within the urban section with a very small lot would have to pay more. Councilmember Trude stated at this point they should not go back and undo everything because they are on the last chapter of this project. There is not much recourse available. Mr. Van Dam asked if there was rationale as to why some things were chosen, such as the City Park was chosen to be rural rather than urban. He noted everyone on the street has four to five acres of property and he did not see why the City would consider a park that borders an urban area to be rural. Councilmember Trude thought it was based on the very basic criteria set. There is not much to the park so it was considered rural because there is no sewer and water in the park. She stated this is a mixed project that has everything in it. Mr. Dickinson indicated the park does not have water and sewer service. Mr. Van Dam asked what improvements were done using the State Aid funding. Mr. Berkowitz reviewed the process for State Aid funding and what improvements can be done using State Aid funds. © Regular Andover City Council Meeting Minutes — September 3, 2013 Page 7 Mr. Van Dam wondered why the entire area was not originally zoned urban. Councilmember Trade stated Andover does not push development down neighborhood's "throats" so when this project was looked at, the Council thought the area could be prime for development. However, none of the landowners were interested, they were invited in to have a discussion so they would be knowledgeable and informed if they potentially wanted to subdivide and develop. Councilmember Trade stated most enjoy their large property and acreage. There could be development because of the availability of sewer in some areas and the water main was run, not just for the neighborhood, but for the entire City and the City covered a large portion of that with general tax dollars for firefighting capacity in the west side of the City. She did not think the neighborhood was going to change much in the next couple of years. Mr. Don Brisse, 2530 South Coon Creek Drive, stated his property is less than an acre and he is designated as rural. He stated the larger property's assessment is the same as his. He wanted to know what the appeal process is to try to have a reduction in fees. Mr. Dickinson noted Mr. Brisse did log an appeal and he does have the district court process he can go through. Councilmember Trade thought Mr. Brisse's property was the one big exception because he cannot subdivide his property. © Mr. Brisse indicated the City, at one time, told the original property owner that he could not subdivide the property larger than one acre. He stated the property is u- shaped and he felt he was being penalized for this. Councilmember Trade thought staff could talk to Mr. Brisse about this to see what could be done. Motion by Bukkila, Seconded by Knight, to close the public hearing at 8:31 p.m. Motion carried unanimously. Motion by Trade, Seconded by Knight, to approve Resolution R076 -13, adopting the assessment roll for Project 11 -10, South Coon Creek Drive NW Reconstruction, excluding property at 2530 South Coon Creek Drive (PIN # 28- 32- 24 -41- 0005), which is being removed from the list for later assessment. Motion carried unanimously. REVIEW /ADOPT 2014 PRELIMINARY TAX LEVY Mr. Dickinson explained 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 16, 2013. Mr. Dickinson reviewed with the Council how the proposed budget meets the Council approved budget development guidelines. Mayor Gamache thanked Mr. Dickinson for the several options that were presented to the Council. He stated the 3.29 percent increase on the resolution is high and he would like to see that come down © Regular Andover City Council Meeting Minutes — September 3, 2013 Page 8 as they get to the end of the year before they set their final budget. Councilmember Bukkila agreed and felt the same way. Councilmember Knight stated historically, the City has operated very lean and he wondered if Mr. Dickinson could talk to that as compared to other cities. Mr. Dickinson stated he did not have a comparison to other cities at this time but Andover does operate with about 56 FTE's (Full Time Employees). Councilmember Trude stated they have added a lot of new streets and parks within the last few years and have open space property that the residents supported. They have certain pathways so people can access the properties so a lot of the stress is coming through the Parks Department and that is where some of this increase if coming from. She stated the City also had a good year with a lot of home construction but they do not have a lot of vacant lots. If they knew they had a lot of vacant lots, they would know they would not have to look at a tax increase because building revenues could help cover the expenses of growth. Councilmember Howard stated this is a preliminary number and he challenged the Council and staff to reduce the number as low as possible at time of adoption in December. Motion by Knight, Seconded by Howard, to approve Resolution R077 -13, that indicates the total preliminary levy of $10,980,675 to be submitted to the Anoka County Property Record and Taxation Division by September 16, 2013. Motion carried unanimously. REVIEW /ADOPT 2014 DEBT SERVICE LEVY CHANGES 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' bond sales. Mr. Dickinson reviewed the staff report with the Council. Motion by Bukkila, Seconded by Knight, to approve Resolution R078 -13, updating certified bonded indebtedness levies for 2014. Motion carried unanimously. SET TR UTH IN TAXATION HEARING DATE Mr. Dickinson requested the Council schedule a Truth in Taxation Hearing date. Motion by Trude, Seconded by Howard, to schedule a Truth in Taxation Hearing on December 3, 2013, with continuation and adoption date on December 17, 2013 at 7:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes — September 3, 2013 Page 9 ADMINISTRATOR 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. Mayor Gamache asked why they are having problems with the Stenquist addition. Mr. Berkowitz stated a subcontractor has not fulfilled their obligations. He stated all the City can do is hold to the completion date. Councilmember Howard asked if there was any way the City can break the project in phases to make sure it is done on a timely pace. Mr. Berkowitz stated the problem with that is the timing of the projects and if shortened, pricing may go up. He stated the City can hold the companies to a completion date. Mayor Gamache stated he received a complaint from a resident about seal coating on the trails in Kelsey Round Lake Park. The resident indicated that they just went over the weeds. Mr. Berkowitz stated they did some fog seal work. The City removed weeds from the cracks about a month ago and the contractor came out when they could, but in the meantime the weeds grew ® back and no one was available to removed the weeds at that time. For future projects, staff will make sure the weeds are cleared a week before the work is done rather than a month. MA YORICO UNCIL INPUT (Christian Bros. Automotive Ribbon Cutting Ceremony) Mayor Gamache stated he went to a ribbing cutting ceremony today for Christian Bros. Automotive. They open for business to residents on Thursday. (Left Turn to Target is Open) Mayor Gamache stated residents can now make a left turn off Bunker Lake Boulevard onto Martin Street to go to Target. The left turn into Wal -Mart is not yet opened. Councilmember Howard felt this will make Tanners, the bowling alley, and the theater safer to walk to. RECESS Mayor Gamache recessed the regular City Council meeting at 9:05 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations Update. The City Council reconvened at 9:29 p.m. Q ADJOURNMENT Motion by Howard, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:30 p.m. Regular Andover City Council Meeting Minutes — September 3, 2013 Page 10 Respectfully submitted, Sue Osbeck, Recording Secretary H U Regular Andover City Council Meeting Minutes — September 3, 2013 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 3, 2013 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — CONSTITUTION WEEK ............................................ ............................... 1 PROCLAMATION — OCTOBER 2013 DOMESTIC VIOLENCE AWARENESS MONTH...... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Approve Payment of Claims ........................................................................ ............................... 2 Approve Proposal /13 -27 Third Generation Surface Water Management Plan ........................... 2 Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair (See Resolution R074- 13) ............... 2 Accept Petition/Approve Costs/Waive Public Hearing/Order and Adopt Assessment Roll/13797 Jay Street NW /Sewer Availability & Water and Sanitary Sewer Connection © (See Resolution R075- 13) .................................................................... ............................... 2 Approve 2014 Anoka County Sheriff Contract ........................................... ............................... 2 Approve Cleaning Services Contract /CMT Diversified .............................. ............................... 2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /11 -10 /SOUTH COON CREEK DRIVE NW RECONSTRUCTION (See Resolution R076- 13) .................. ............................... 3 REVIEW /ADOPT 2014 PRELIMINARY TAX LEVY (See Resolution R077 -13) ...................... 7 REVIEW /ADOPT 2014 DEBT SERVICE LEVY CHANGES (See Resolution R078 -13) .......... 8 SET TRUTH IN TAXATION HEARING DATE ........................................... ............................... 8 ADMINISTRATOR REPORT ........................................................................ ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 Christian Bros. Automotive Ribbon Cutting Ceremony .............................. ............................... 9 LeftTurn to Target is Open ......................................................................... ............................... 9 RECESS TO CLOSED SESSION ................................................................... ............................... 9 RECONVENE................................................................................................. ............................... 9 ADJOURNMENT............................................................................................ ............................... 9 C�J