Loading...
HomeMy WebLinkAboutCC December 4, 2007 0 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, December 4, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval L Approval of Minutes (11/6/07 Regular Meeting Cont'd, 11/20/07 RegularMeeting) Consent Items 2. Approve Payment of Claims - Finance 3, Reject Feasibility Report/Terminate Project/07-11/14259 _7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) - Engineering 4. Order Feasibility Report/08-2/2008 Overlays (08-2A, Northglen Areas Addition & 08-2B, Grow Oak View Estates) - Engineering 5. Approve Liquor, Tobacco and Used Vehide Sales Licenses - Clerk 6. Approve 2008 Improvement Projects & Equipment Purchases - Finance 7. Approve Reimbursement Resolution/2008 Equipment Purchases - Finance 0 8. Approve Budget Amendment/Purchase Fire Equipment - Fire 9. Approve 2007 City Administrator Review Summary - Administration Discussion Items 10. Truth in Taxation Hearing - Administration Staff Items 11. Consider Changes/Guidelines for Field Usage by Youth Athletic Associations - Engineering 12. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 4, 2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM .......... .... ............. ............ ..... ............... ... ........ .............. ................ .... ......... 1 AGENDA APPROV AL............................................................................................................. 3 APPROVAL OF MINUTES......................................................................................................3 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 3 Resolution R164-07 rejecting Feasibility Report/Terminate Project/O7 -11/14259-7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) ..,....................................... 3 Resolution R165-07 ordering Feasibility Report/08-2/2008 Overlays (08-2A, Northglen Areas Addition & 08-2B, Grow Oak View Estates) ....................................................... 3 Approve Liquor, Tobacco and Used Vehicle Sales Licenses .............................................. 4 Approve 2008 Improvement Projects & Equipment Purchases........................................... 4 Resolution R166-07 approving Reimbursement Resolution/2008 Equipment Purchases... 4 Approve Budget AmendmentlPurchase Fire Equipment..................................................... 4 0 Approve 2007 City Administrator Review Summary.......................................................... 4 TRUTH IN TAXATION HEARING Motion to Open Public Hearing............................................................................................ 4 Motion to Close Public Hearing ........................................................................................... 4 Motion to Direct Staff to Add Approval of the 2008 Budget to the 12-18-07 Agenda .......5 CONSIDER CHANGES/GUIDELINES FOR FIELD USAGE BY YOUTH ATHLETIC ASSOCIA nONS Motion to approve.. ................ ........ ................. ................... .......... .......... ............... ..... ~...... .... 5 ADMINISTRATOR REPORT .................................................................................................. 7 MAYOR/COUNCIL INPUT Snowplowing ........................................................................................................................ 7 Anoka County Legislative Agenda Update........................................................................... 7 Electronics Recycling in Andover ........................................................................................ 7 ADJOURNMENT...................................................................................................................... 8 0 0 REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 4, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 4,2007, 7 :00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Julie Trude Councilmember absent: Ken Orttel Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Eric Kohnke - 921 l58th Avenue NW, stated he is the resident with the non-compliant septic system that was approved by the City Inspector in 2003. He stated this past Saturday they were notified by the arbitration company that they would not receive any damages because of the disclosure law and miscellaneous other things. Mr. Kohnke asked the Council why they make them obtain permits. Mr. Dickinson stated permits are to comply with the International Building Code and with that there is a permitting process. The City is also charged with managing on behalf of the State of Minnesota certain building requirements, fire codes, building codes, etc. They also do a licensing of contractors within the City of Andover so permits are pulled so they know they have licensed and insured contractors that are working with the City. Mr. Kohnke wondered how this benefits the homeowner, given their situation because they are the ones paying for it. Mr. Dickinson stated the permit that would have been pulled for that compliance inspection would have been before Mr. Kohnke was the homeowner. When dealing with septic systems, the people who are in charge of doing the design are licensed by the State of Minnesota. Their inspectors are licensed to inspect what a compliance inspector and designer indicates needs to 0 be done. He stated in this process, a compliance inspector identified what needed to be done, which was the replacement of a tank on this site and the City Inspector, through the Building Department, went out and inspected the installation of a tank. The tank was installed as it should have been. Mayor Gamache indicated Mr. Kohnke has had issues and he did not believe the inspection was 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 2 adequate and asked for their opinion on what inspectors are supposed to do. What he has experienced with his own home is that they look for a few different things and they come out before and after the work is done to see what it looks like. The inspector is not out there during the entire construction period. Along the way they examine and inspect the construction. Mr. Kohnke explained his interpretation of what happened after the arbitration hearing. He reviewed the history of the case with the Council. In 1999 a cesspool created the failure on his property. There were probably two cesspools on the property and there is still one in use on the northwest side of the home. He wondered how the City can guarantee him that the one that was replaced in April 2003 was actually the cesspool that caused the failure in 1999. He stated no one has been able to tell them which cesspool caused the failure in 1999. He stated there is supposed to be a drain field on the east side of their driveway and it is not. He thought Tiger Excavating saw the drawing and assumed there was a drain field there. Mr. Kohnke wondered why the inspector did not go into the home to make sure all the plumbing was actually connected. 0 Mr. Dickinson explained the process for an inspector to be called out to the residence for inspection. He recalled what was identified on the compliance inspection for how the tank was replaced was indicating the tank was in front of the house. He stated the inspection is triggered by the permit process. Councilmember Trude wondered if someone chose to connect a second bathroom to a cesspool, would there be any way the City would know what someone is doing on their private property without someone coming to tell them. Mr. Dickinson stated if they did not pull a permit or if they did not have any other reason to be in the house, they would not know that. Mr. Dickinson stated when they pulled the permit, they were indicating they were working from a compliance inspection and the property owner would have indicated they wanted to replace the tank in front of the house. Mr. Kohnke asked how the City knew it was the one in front of the house that needed to be replaced. Mr. Dickinson stated without all the information in front ofhim he would not be able to quote to him but Tiger would have come in and applied indicating that tank as the one they would be replacing. The compliance inspector would have reviewed the design at that time. Councilmember Trude asked what the role of the Minnesota Pollution Control Agency is. Mr. Dickinson stated they license both the installers, the designers and also the inspectors. 0 Mr. Kohnke asked to see the paperwork the City has on file that tells him that the cesspool that caused the failure in 1999 is the one that was replaced. Mr. Dickinson stated he requested numerous times that Mr. Kohnke come in and sit down to review the file with them and he even offered an on- site visit from the City and County to his property and he is still offering it. He stated they would like to see this get fixed and taken care of as soon as possible. 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 3 Mr. Kohnke stated he did try to get the City's help and their response was "it is not our responsibility to fmd your drain field and you need to hire someone else". It was at that point that he went to the MN Pollution Control Agency. The City Council asked Mr. Kohnke if he could sit down with Mr. Dickinson to see what can be resolved and if there is any fmancing possible Mr. Kohnke could apply for to take care of the problem. Mr. Kohnke indicated they have applied for fmancing and make too much money to qualify for any. He stated they just had their system pumped and will continue to pump it. Mr. Dickinson stated the City will work with Mr. Kohnke to help him try to fix the problem. AGENDA APPROVAL Councilmember Jacobson stated on item 9 he suggested they add a line to the summary that reads "Subject to review by the City Attorney for Form and Legality". Mr. Dickinson stated that is 0 acceptable language. Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 6, 2007, Regular Meeting, Cont.: Correct as written. November 20, 2007, Regular Meeting: Correct as amended. Councilmember Trude stated on page 4, line 29, she was talking about one of the conditions they were amending with Northern Natural Gas and the quote should read ''Northern Natural Gas agrees to allow the City to encroach on the pipeline easement for a future parking lot". Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unarrimously. CONSENT ITEMS 0 Item 2 Approval of Claims Item 3 Reject Feasibility Report/Terminate Project/O7 -11/14 259 - 7th Avenue NW Sewer & Water Extension (Rosella Sonsteby) (See Resolution Rl64-07) Item 4 Order Feasibility Report/08-2/2008 Overlays (08-2A, Northglen Areas Addition & 08-2B, Grow Oak View Estates) (See Resolution R165-07) 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 4 Item 5 Approve Liquor, Tobacco and Used Vehicle Sales Licenses Item 6 Approve 2008 Improvement Projects & Equipment Purchases Item 7 Approve Reimbursement Resolution/2008 Equipment Purchases (See Resolution R166-07) Item 8 Approve Budget Amendment/Purchase Fire Equipment Item 9 Approve 2007 City Administrator Review Summary Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. TRUTH IN TAXATION HEARING TIlls year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed 2008 budget and tax levy. Mr. Dickinson reviewed the proposed levy and budget with the Council and residents. 0 Councilmember Jacobson asked about the School District. Mr. Dickinson stated this does not include the referendum that was approved in November. Councilmember Jacobson stated that the proposed amount is $10,118,000 for 9.02 percent increase and this is due to increased valuations during the year along with any new construction projects in the City so they are getting more money but the rate they are charging, the levy is really 1.3 percent. Mr. Dickinson indicated that is correct. Mr. Dickinson reviewed the General Fund and showed some graphs. Motion by Jacobson, Seconded by Knight, to open the hearing at 7:37 p.m. Motion carried unanimously. Mr. Winslow Holasek commended the City on keeping the taxes down because he also owns land in Ramsey and they have a higher tax increase. He thinks the City has a good sound budget, they do the essential services and they are consistent. Motion by Jacobson, Seconded by Knight, to close the hearing at 7:41 p.m. Motion carried unanimously. Councilmember Trude stated they all attended a dinner that was held recently with all the elected 0 officials in the County of Anoka and met a former Mayor and former Councilmember of Columbia Heights and they are looking at providing all their Police and services with the County because of retirements of their Police Chief and other high level police authorities. She stated this is always something cities are looking at. 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 5 Motion by Jacobson, Seconded by Knight, to direct the City Staff to place the approval of the 2008 budget on the consent agenda at the December 18, 2007 City Council meeting. Motion carried unanimously. Mr. Dickinson noted there was not a need for a continuation of the public hearing and he invited residents to still call him with any questions they have. CONSIDER CHANGES/GUIDELINES FOR FIELD USAGE BY YOUTH ATHLETIC ASSOCIATIONS Director of Public Works/City Engineer Berkowitz explained this item is in regard to considering the proposed changes to the Guidelines for Field Usage by Youth Athletic Associations as recommended by the Park & Recreation Commission. Mayor Gamache asked for some examples of damage being done and also how much escrow they were looking at. Mr. Berkowitz stated it would be a $2,500 escrow. 0 Councilmember Trude asked if the escrow is just for the Andover Station North facility or would it be for all associations. Mr. Berkowitz indicated it would be for everyone and the fields they are usmg. Mr. Berkowitz stated one example of damage to Andover Station North is the teams are playing "pepper" on the fencing and ruining the fence. Mayor Gamache wondered how they will determine the damages from associations versus damages by vandals. Mr. Berkowitz thought the determination would have to be reviewed. He thought this is somewhat subjective and would have to be reviewed. Councilmember Trude thought this would force the City to patrol a park right after use to determine if anything has been damaged. She thought that would be too demanding and hard to manage. She thought they should focus on the risk of each activity and what the costs are. Mr. Berkowitz reviewed some damages and issues with clean up and indicated the City staff is also cleaning up every day after the parks have been used. Mayor Gamache stated the clean up is basic for any park function. The moving of things is also normal for maintenance reasons. He sees the $2,500 damage deposit, as not really a damage deposit but more of a maintenance deposit. Mayor Gamache indicated he would prefer they look at this to see if they can get the problem solved 0 without having the $2,500 damage deposit. Councilmember Knight wondered if they talked to the Associations about this and when fields are being used by multiple associations and teams, how would they assess the damages and clean up. He would rather appeal to the common sense of the people running programs and ask that they step up 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 6 and handle this stuff and if they don't, make some changes. Councilmember Trude thought they may need to have a meeting with the Associations regarding this. Mr. Dickinson stated they are corning forward because they have constant contact with these organizations year round and apparently to get final closure on these things is not working. They are not excessively staffed and if they are going to try to make things efficient and continue to move things through with the same level of staff, they do need some cooperation. Councilmember Knight wondered if they could draw up a list of things to do when the teams leave the field and then hold them accountable. Mayor Gamache thought this would go a long way. He thought if there are issues of damage, they need to bring that forward to the associations. Councilmember Jacobson stated the damage deposit fee is not in the guidelines, it is in the memo so they can forget that. He stated they received a red lined copy of the guidelines and would like to throw that out and go back to the guidelines that are in the packet because with just two or three words they can make all the changes needed. 0 Councilmember Jacobson stated in the guidelines provided in the packet, 2.1.1 the very last line that is underlined "affidavit as to the accuracy of the number of participants last vear. . ." Councilmember Trude stated on the page there is a typo on the second line that is underlined "obtain" should be "obtained" and when they added 50l(c)3, the proper way to refer to that tax code is a small letter lower case c and three is in parenthesis, 501c(3). Councilmember Jacobson stated on the back page, number 4 under Association Costs, fourth line starts out as "or cleaned" and should be "or clean". He thought with those changes, everything should be correct. Councilmember Trude wondered what the Council thought was on the last line stating if they do not pay the invoice within thirty days, they cannot use the fields and there is not any due process. Mayor Gamache stated it also talks about cleaning the site and he wondered how far they would need to go . to clean it. Councilmember Jacobson thought staff would use some judgment when they look at some of those things. If it gets to be a problem and they get a lot of complaints they can come back and look at it again. Mr. Berkowitz thought what they would look at is to have their Maintenance/Parks Department bring the information to him and he will sit down with Mr. Dickinson and review it. He stated it is obvious when it is excessive and they can document with pictures and other information. He was hoping with some statement in there if it is not a damage deposit, there is something they can talk to the associations on so they know we may be sending an invoice which hopefully will spur them more 0 of an initiative to get the fields cleaned up. Councilmember Trude stated she would like to see the last sentence pulled out. Councilmember Knight stated if they were to remove item 4 it would not bother him. Councilmember Trude thought they needed to discuss this further at a workshop. 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 7 Mayor Gamache stated it looks to him like they are more concerned about the clean up. He thought if the Parks Department could sit down with the associations regarding clean up, it might help. Motion by Jacobson, Seconded by Knight, to approve the changes to the Guidelines for Field Usage by Youth Athletic Associations as amended removing Item 4 regarding association costs which would go to a workshop for discussion and possible addition at a later date. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting rerninders and rniscellaneous projects. Motion by Jacobson, Seconded by Knight, to move the first January Council meeting in 2008 to January 2,2008 at 7:00 p.m. Motion carried unanimously. 0 Motion by Trude, Seconded by Knight, to have all Commission Members' terms expiring in 2007 to be extended until new Commissioners are appointed. Motion carried unanimously. City Engineer Berkowitz updated the Council on road improvements projects in the City. Mr. Berkowitz asked for Council input on the water tower logo after the tower is painted. The Council consensus was to keep the tower beige and add "Andover" along with the City tree. M4YORlCOUNCIL INPUT (Snowplowing) - Councilmember Jacobson did not feel that the snowplowing is up to the standards they have had in the past and he knew they are probably plowing later and he suggested they take a look at that to see if they can improve on that. Mayor Gamache stated usually the policy is that they wait for the [mal snow unless it is a real heavy snow. Mr. Berkowitz reviewed with the Council how they handled the snow fall on Saturday. He stated they will definitely review this. (Anoka County Legislative Agenda Update) - Councilmember Jacobson stated at the EDA meeting they talked about some initiatives by Anoka County for their Legislative Agenda for 2008 and he wondered if Mr. Dickinson could report back to the City Council regarding this also. 0 (Electronic Recycling in Andover) - Councilmember Jacobson stated he received an email regarding recycling appliances and electronics on January 12, 2008 from 9:00 a.m. to 1 :00 p.rn. at Sunshine Park. He stated there will be a fee for appliances but there will be no fee for electronics. This is only for residents and proof needs to be shown. 0 Regular Andover City Council Meeting Minutes - December 4, 2007 Page 8 Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0