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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, November 16, 2004
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident F orurn
Agenda Approval
1. Approval of Minutes (11/3/04 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Debt Service Payments - Finance
4. Approve LMCIT Liability Coverage - Finance
5. Approve 2005 Tri-City GIS Contract - Engineering
6. Waive Public Hearing/Adopt Assessment RolV03-2/Woodland Creek Golf Villas - Engineering
7. Waive Public Hearing/Adopt Assessment RolV04-9/Crosstown Meadows - Engineering
8. Approve Quotes/04-40: 1901 Crosstown Boulevard NW Demolition, Removal & Disposal & 04-50: 1853
Crosstown Boulevard NW Demolition, Removal & Disposal - Engineering
9. Approve Resolution Accepting Streets & Storm SewerN alley View Estates 2nd Addition - Engineering
10. Approve 2005 Tobacco and Liquor Licenses - Clerk
11. Approve 2005 Animal Control Contract - Clerk
12. Approve One Year Time Extension for Lot Split/16030 Makah Street NW - Planning
13. Accept and Authorize Quotation/Breathing Apparatus - Fire
Discussion Items
14. Receive Anoka County Sheriff's Department Monthly Report - Sheriff
15. Consider FEMA Flood Plain Map Amendment Adoption - Planning
16. Consider Ordinance Amendment/Sanitary Sewer Fee Discount - Administration
17. Discuss 2005 Fee Ordinance - Finance
Staff Items
18. Schedule City Council Workshop-Miscellaneous Business Items - Administration
19. Schedule EDA Meeting - Administration
20. Administrator Report - Administration
Mayor/Council Input
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 16, 2004
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE .....................................................................................................1
RESIDENT FORUM..................................................................................................................1
AGENDA APPROV AL .............................................................................................................1
APPROVAL OF MlNUTES.......................................................................................................1
CONSENT ITEMS
Approve Payment of Claims ................... ..............................................................................1
Approve Debt Service Payments ..........................................................................................2
Approve LMCIT Liability Coverage ....................................................................................2
Approve 2005 Tri-City GIS Contract ...................................................................................2
Resolution R193-04 waiving Public Hearing/Adopt Assessment Ro1V03-21W00dland
Creek Golf Villas .............................................................................................................2
Resolution R194-04 waiving Public Hearing/ Adopt Assessment Roll/04-9/Crosstown
Meadows..........................................................................................................................2
Approve Quotes/04-40: 1901 Crosstown Boulevard NW Demolition, Removal &
Disposal & 04-50: 1853 Crosstown Boulevard NW Demolition, Removal &
Disposal ...........................................................................................................................2
Resolution R195-04 approving Resolution Accepting Streets & Storm SewerN alley
View Estates 2nd Addition ...............................................................................................2
Approve 2005 Tobacco and Liquor Licenses .......................................................................2
Approve 2005 Animal Control Contract ..............................................................................2
Resolution R196-04 approving One Year Time Extension for Lot Split/I 6030 Makah
Street NW ........................................................................................................................2
Accept and Authorize QuotationlBreathing Apparatus ........................................................2
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received ...................................................................................................................... ..........2
CONSIDER FEMA FLOOD PLAIN MAP AMENDMENT ADOPTION
Motion to Approve ................................................................................................................2
CONSIDER ORDINANCE AMENDMENT/SANITARY SEWER FEE DISCOUNT
Motion to Amend...................................................................................................................3
DISCUSS 2005 FEE ORDINANCE
Motion to adopt Ordinance No. 304......................................................................................4
SCHEDULE CITY COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS ITEMS .....5
SCHEDULE EDA MEETING ...................................................................................................6
ADMINISTRATORS REPORT .................................................................................................6
MAYOR/COUNCIL INPUT
Hockey Arena ........................................................................................................................6
New Andover W ell................................................................................................................6
Apology .................................................................................................................................7
Correction to Minutes
Motion to Reconsider ....................................................................................................... 7
Motion to Approve ........................................................................................................... 7
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Regular Andover City Council Meeting Minutes - November 16, 2004
Table of Contents
Page Ii
Conununity Center Hockey Arena.........................................................................................7
ADJOURNMENT ......................................................................................................................7
REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 16, 2004
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, November 16, 2004, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson (arrived at 7:11 pm), Mike Knight, Ken Orttel, Julie
Trude
Councilmember absent: None
Also present: City Attorney, Barry Sullivan
Fire Chief, Dan Winkel
City Engineer, Dave Berkowitz
City Finance Director, Jim Dickinson
City Planner, Courtney Bednarz
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the City Council.
AGENDA APPROVAL
Motion by Trude, Seconded by Knight, to approve the Agenda as written. Motion carried on a 4-yes,
1 absent (Jacobson) vote.
APPROVAL OF MINUTES
November 3, 2004, Regular Meeting: Correct as written.
Motion by Trude, Seconded by Gamache, approval of Minutes as indicated above. Motion carried
on a 4-yes, I absent (Jacobson) vote.
CONSENT ITEMS
Regular Andover City Council Meeting
Minutes-November 16,2004
Page 2
Item 2 Approval of Claims
Item 3 Approve Debt Service Payments
Item 4 Approve LMCIT Liability Coverage
Item 5 Approve 2005 Tri-City GIS Contract
Item 6 Waive Public Hearing/Adopt Assessment Ro11/03-21W00dland Creek Golf Villas
(See Resolution RI93-04)
Item 7 Waive Public Hearing/Adopt Assessment RoII/04-9/Crosstown Meadows (See
Resolution RI94-04)
Item 8 Approve Quotes/04-40: 1901 Crosstown Boulevard NW Demolition, Removal &
Disposal & 04-50: 1853 Crosstown BoulevardNW Demolition, Removal & Disposal
Item 9 Approve Resolution Accepting Streets & Stonn SewerNalley View Estates 2nd
Addition (See Resolution RI95-04)
Item 10 Approve 2005 Tobacco and Liquor Licenses
Item 11 Approve 2005 Animal Control Contract
Item 12 Approve One Year Time Extension for Lot Splitl16030 Makah Street NW (See
Resolution RI96-04)
Item 13 Accept and Authorize QuotationlBreathing Apparatus
Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried on
a 4-yes, 1 absent (Jacobson) vote.
RECEIVEANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
CONSIDER FEMA FLOOD PLAIN MAP AMENDMENT ADOPTION
City Planner Bednarz explained Pentagon Holdings is requesting that the City adopt a floodplain
map amendment for northeastern Andover as approved by FEMA under case No. 04-05-3553P. The
amendment would affect Flood Insurance Rate Map (FIRM) 2706890010B along Anoka County
Ditches 6 and 71.
Councilmember Trude stated the letter from the National Flood Plain Insurance Program and one of
their comments in Condition Number One was that there was a concern about the proper wording in
the actual notice provided to the affected property owners. She wondered if they cured that defect
and provided proper notice. Mr. Bednarz stated they did and there was a secondary notice in the
paper.
(Councilmember Jacobson arrived at 7:11 p.m.)
Councilmember Trude wondered if they received the additional findings from FEMA. Mr. Bednarz
Regular Andover City Council Meeting
Minutes-November 16,2004
Page 3
stated this was correct. Mr. Berkowitz stated he heard from FEMA late last week and they stated in
an email that they have forty-five to sixty days to give them a formal approval and that is what they
are waiting on.
Councilmember Knight did not understand the last sentence in the letter from Anoka County. Mr.
Berkowitz thought they were saying they left the review to the Lower Rum River Watershed
Management Organization to handle that review but they do understand the process and need for
such a study.
Councilmember Orttel stated the map is used as a general guide and not a deciding factor in platting.
He stated these are guidelines omy and they do their own topographical studies. Mr. Berkowitz
stated that was correct and what is important in the FEMA study is it establishes the one hundred
year flood elevation in that particular area where development will occur.
Councilmember Orttel wondered if a separate study is done when someone wants to build. Mr.
Berkowitz indicated this was correct.
Motion by Knight, Seconded by Orttel, to approve the amended Flood Insurance Rate Map (FIRM)
contingent on the attached conditions.
Mayor Gamache asked if they need to hold a public hearing. Mr. Berkowitz stated the public hearing
was already held.
Councilmember Trude thought the Planning Commission went over this thoroughly andthey did a
good job of reviewing the information.
Motion carried unanimously.
CONSIDER ORDINANCE AMENDMENT/SANITARY SEWER FEE DISCOUNT
City Administrator Dickinson stated a City of Andover resident has requested that the City Council
consider amending the ordinance providing a sanitary sewer service discount for those qualified as
100% disabled. Specifically, the resident is requesting that the income requirement qualification be
removed.
Councilmember Jacobson stated if they pass this statement, the disabled individual may be eligible
for fifty percent off. He always assumed this meant the head of the household but what if it means a
child in the household, would they get the discount. Mr. Dickinson stated this would go to the
responsible household member only.
Councilmember Orttel asked what the legal rationale for the discount is. Mr. Dickinson stated the
disability would be someone who is totally disabled and cannot work. Mr. Dickinson stated the
comments he received from this individual were they were close to the income level and they have
Regular Andover City Council Meeting
Minutes - November 16, 2004
Page 4
many bills not common to others without a disability.
Councilmember Orttel stated they should have some parameters they base a discount on. Mr.
Dickinson stated they could formulate a worksheet the City Council could adopt. Councilmember
Trude thought staff should fmd a new guideline to go by.
Councilmember Knight stated when they set a figure and then vary rrom that, they end up with other
problems. Mr. Dickinson stated they try to base this on County or IRS numbers.
Councilrnember Jacobson stated he would like to keep things the way they are because it works.
Councilmember Trude stated she would like to leave the ordinance as is and then have staffuse the
annual income guidelines as determined by the City Council to include a deduction for medical bills
for the people in that category and she did not think they would need to change the ordinance
because it is a policy and then it is still limited to the disabled seniors.
Mr. Dickinson stated he would prefer to use a one and a halftimes multiplier on the current income
levelof$26,850.00. Councilmember Orttel agreed. Councilmember Jacobson stated this is $40,000
and thought that was too large. Mr. Dickinson stated they could use a lower multiplier.
Councilmember Trude thought this was a fair multiplier.
Motion by Trude, Seconded by Knight, to amend the guidelines as outlined by the City
Administrator at one and a halftimes the current income level providing a discount to the sanitary
sewer service for those qualified as 100% disabled. Motion carried 4 ayes, I nay (Jacobson).
DISCUSS 2005 FEE ORDINANCE
City Administrator Dickinson stated each year the City Council amends the fee ordinance (City Code
1-7-3) that includes new fees and changes to existing fees.
Councilmember Jacobson stated on page two, it says interest charged on escrows is eighteen percent
annually. He thought when he first read this that the City was paying interest on the escrows but it is
a charge rrom the City. He wondered if there was a better way of wording this so it makes sense.
Councilmember Jacobson asked for clarification on the item on page nine regarding the developer's
cash escrow. Mr. Berkowitz stated when the process begins and the developer starts the private
installed installation, they will submit information to the City for their review. If they spend time
towards the project and it has not moved forward, that is a dollar amount to charge them. He stated
this is just an initial stage to move forward.
Councilmember Trude asked on page 10, under the fire accident response fees, have then been doing
that this year. Fire Chief Winkel stated they started this in 2004.
Councilmember Trude wondered if they should have a new category for entrance fees for
Regular Andover City Council Meeting
Minutes-November 16,2004
Page 5
tournaments that charge entrance fees because during the Fun Fest she went to use the restroom at
Sunshine Park and there was someone collecting fees to enter the park and she wondered if this
happened before. Mayor Gamache stated State Softball Tournaments have to charge a fee if it is a
State Tournament.
Councilmember Knight asked how they arrived at the figures. Mr. Dickinson stated they try to set a
fair and reasonable fee and they look at what it takes to provide the service and try to equate it into
an appropriate fee.
Mr. Dickinson explained how the park and trail fees are calculated.
Mayor Gamache stated Mr. Dickinson called this the engineering index of5.7%. He asked for an
explanation of this term. Mr. Dickinson stated the park dedication study does reference that you
should increase these by an appropriate index and they recommend the engineering index which is
tied to government projects. Mr. Berkowitz stated that is national information on the increase of
labor, construction materials which takes all of that into consideration and then there is an increase
per year and that is what they base a lot of these increases on.
Councilmember Jacobson stated on page twelve, Commercial Site Plan Review, it states "Escrow to
be determined by Planning Department" but it also shows everything laid out. He thought they
should probably scratch this. Mr. Dickinson stated the Planning Department will make the
determination as to the size of the project.
Councilmember Jacobson stated on page thirteen, under the Sanitary Sewer Lift Station, there is so
much per unit until they get to Aztec Estates and then it jumps to $57,000. Everything else is per
unit and he asked why is the $57,000 is different. Mr. Berkowitz stated there is an outstanding
balance remaining on that lift station that was built for Aztec Estates. There is a property that is just
north adjacent to Bunker Lake Boulevard that is developable. That property is basically a tributary
area to that lift station so once the area moves forward with development and the number of units is
determined, then they have to pick up the $57,000 that is remaining.
Councilmember Jacobson wondered if all of the units in Aztec Estates hooked up and have they all
paid the fee. Mr. Dickinson stated they have.
Mayor Gamache stated what they could determine for park dedication fees for future development is
they will continue to change accordingly each year. Mr. Berkowitz stated this was correct.
Motion by Jacobson, Seconded by Trude, to adopt the 2005 Fee Ordinance as presented with
modifications as noted. Motion carried unanimously. (Ord. No. 304)
SCHEDULE CITY COUNCIL WORKSHOP- MISCELLANEOUS BUSINESS ITEMS
City Administrator Dickinson explained the Council is requested to schedule a Special Council
Regular Andover City Council Meeting
Minutes - November 16, 2004
Page 6
Workshop for the month of December.
Councilmember Orttel stated they should meet to discuss the Road ImprovementlFunding Policy so
they do not get behind and lose the benefit of what the policy may be and could cost them some
money. Mr. Dickinson stated that was correct. He stated they could limit the meeting to just that
item. He stated he would like to have this meeting.
Motion by Orttel, Seconded by Jacobson, to schedule a City Council Workshop for Thursday,
December 16, 2004 at 6:00 p.m. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Orttel, to Schedule an EDA meeting for Tuesday, December 7,
2004 at 6:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson discussed the Community Center construction progress with the City
Council and thanked Erick Sutherland and Daniel Halverson for working so hard on getting the
Hockey Rink up and going.
Fire Chief Winkel updated the Council on the Fire Station construction progress along with the new
800MHZ Radio System in the County. He wanted to personally compliment Eric Sutherland on the
work on the Community Center Hockey Arena. He thanked all the Council and residents who came
to the spaghetti dinner.
City Engineer Berkowitz discussed with the City Council Road Improvement Project progress.
City Planner Bednarz discussed Development Activity in the City with the Council.
Mr. Dickinson reminded the Council the Truth in Taxation Hearing will be December 6, 2004.
MAYOR/COUNCIL INPUT
(Hockey Arena) - Councilmember Knight wanted to reiterate his thanks to Erick Sutherland for his
hard work on the Hockey Arena. He stated this could not have happened without them going the
extra mile to get it done and opened.
(New Andover Well) - Councilmember Jacobson thought he saved the City between $200 and $300
thousand dollars. When discussing the new well on Andover Boulevard, he talked to Great River
Energy and they do not see a problem with that and they thought they could trench it but they wanted
Regular Andover City Council Meeting
Minutes - November 16, 2004
Page 7
to be talked to first.
(Apology) - Councilmember Jacobson stated at the last meeting he stated Councilmember Orttel filed
his papers on his expenses for the election late and he double checked the information. The
information supplied to him originally was not quite correct and Councilmember Orttel did file
correctly and on time and he wanted to apologize to Councilmember Orttel.
(Correction to the Minutes) - Councilmember Jacobson stated he had a change to the minutes rrom
the last meeting. He stated in the Mayor/Council discussion, in a statement he made regarding
Councilmember Orttel filing his papers, there was a sentence that was included which should be
removed because he did not say it "... which is also not ethical."
Motion by Trude, seconded by Knight to reconsider the approval of the minutes to include the
change to the November 13, 2004 minutes as discussed. Motion passed unanimously.
Motion by Jacobson, seconded by Trude, to approve the November 13,2004 minutes as amended.
Motion passed unanimously.
(Community Center Hockey Arena) - Mayor Gamache stated he stopped in at the Hockey Arena on
Monday and everything looks great. He thanked everyone involved.
Motion by Knight, Seconded by Trude, to adjoum. Motion carried unanimously. The meeting
adjourned at 8:15 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary