HomeMy WebLinkAboutCC September 4, 2007
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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, September 4, 2007
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (8/21/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Memorial Plaque Policy - Engineering
4. Receive Assessment Roll/Order Public Hearing/06-37/16l st Avenue NW & Crane Street NW/Intersection
Improvements - Engineering
5. Accept Feasibility ReportlWaive Public Hearing/07-35/138 1 7 Jay Street NW (Thurston-DeShaw Funeral
Home)/WM - Engineering
6. Receive Assessment RolllWaive Public Hearing/Adopt Assessment Roll/07-13/13835 Underclift Street
0 NW /WM - Engineering
7. Approve Wayside Horn Agreement/07 -40/Crosstown Boulevard NW & Railroad Tracks - Engineering
8. Approve Final PlavTimber Trails 2nd Addition/l77DO Tulip Street NW-- Planning
Discussion Items
9. Adopt Assessment RolllResolution for Putnam, Allen & Almeida Properties, Continued - Engineering
10. Consider City Code Amendment/Establishing Interim Performance StandardsIHughs- W estview Industrial
Park Area - Planning
11. Adopt 2008 Preliminary Tax Levy - Administration
12. 2008 Debt Service Levy Changes - Administration
Staff Items
13. Set Truth in Taxation Hearing Date - Administration
14. Administrator's Report - Administration
Mayor/Council Input
Adjournment
C
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 9
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 4,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MINUTES ...................................................................................................... 1
CONSENT ITEMS
Approve Payment of Claims ........ ...... .......................... .............................. ............... ........... 2
Approve Memorial Plaque Policy ........................................................................................2
Resolution R120-07 receiving Assessment Roll/Order Public Hearing/06-37/161 st
Avenue NW & Crane Street NW /Intersection Improvements ........................................ 2
Resolution R121-07 Accepting Feasibility Report/Waive Public Hearing/07-35/13817
Jay Street NW (Thurston-DeShaw Funeral Home) WM ...............................................2
Resolution R122-07 receiving Assessment Roll/Waive Public Hearing/Adopt
Assessment Roll/07-13/13835 Underclift Street NWIWM ............................................ 2
Approve Wayside Horn Agreement/07 -40/Crosstown Boulevard NW & Railroad
0 Tracks.................. .......................... ..... ............... ..... ........... ................................ ..... ......... 2
Resolution R123-07 approving Final Plat/Timber Trails 2nd Addition/I7700 Tulip
Street NW ......................... ............. ...................................... .......... ......... ....... ......... ......... 2
ADOPT ASSESSMENT ROLL/RESOLUTION FOR PUlliAM, ALLEN & ALMEIDA
PROPERTIES, CONTINUED (RES. RI24-07)................................................................... 2
CONSIDER CITY CODE AMENDMENT/ESTABLISlllNG INTERIM PERFORMANCE
STANDARDS/HUGHES-WESTVIEW INDUSTRIAL PARK AREA .............................. 4
ADOPT 2008 PRELIMINARY TAX LEVY
Motion to Approve (RES. RI25-07)..................................................................................... 5
2008 DEBT SERVICE LEVY CHANGES
Motion to approve (RES. RI26-07)......................................................................................6
SET TRUTH IN TAXATION HEARING DATE..................................................................... 6
ADMINISTRATOR'S REPORT ............................................................................................... 7
MAYOR/COUNCIL INPUT
Hanson Boulevard Update .................................................................................................... 7
Hanson Bridge Signage................................... ......................... ............................................. 7
Frank Stone Retirement ..................................... ................................................................... 7
Seal Coating Clean Up .......................................................................................................... 7
City Updates................................................................................................................... ....... 7
I35W Bridge Meeting ........................................ .......................................................... ..... .... 7
Senior Snow Shoveling Help ................................................................................................7
Andover Husky Football Team Congratulations .................................................................. 7
0 ADJOURNMENT...................................................................................................................... 8
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
REGULAR ANDfWE~Vl'PY-mlJNY!:l'JY"'MEP!Jfl1f(JB.~1!P;PEMBER 4, 2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
. Gamache, September 4,2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmember absent: None
Also present: City Attorney, William Hawkins
Director of Public Works/City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
0 PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Councilmember Jacobson stated Item 3 of the consent agenda has a minor word change that needs to
be incorporated in the information. Mr. Dickinson stated on number two they need to get rid of the
last three words. He stated he knew what the change was and agreed with it.
Councilmember Jacobson stated the change should read: "the donor can choose the park of the
planting and the general location within the park."
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
. carried unanimously.
0 APPROVAL OF MINUTES
August 21,2007, Regular Meeting: Correct as written.
Motion by Knight, Seconded by Trude, approval of minutes as indicated above. Motion carried
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 2
unanimously.
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Memorial Plaque Policy
Item 4 Receive Assessment Roll/Order Public Hearing/06-37/161st Avenue NW & Crane
Street NW /Intersection Improvements (See Resolution RI20-07)
Item 5 Accept Feasibility Report/Waive Public Hearing/07-35/13817 Jay Street NW
(Thurston-DeShaw Funeral Home)1WM (See Resolution RI21-07)
Item 6 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-
13/13835 Underc1ift Street NW IWM (See Resolution RI22-07)
Item 7 Approve Wayside Horn Agreement/07-40/Crosstown Boulevard NW & Railroad
Tracks
Item 8 Approve Final PlatlTimber Trails 2nd Addition/I7700 Tulip Street NW (See
Resolution RI23-07)
0 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
ADOPT ASSESSMENT ROLVRESOLUTION FOR PUTNAM, ALLEN & ALMEIDA
PROPERTIES, CONTINUED
The City Council is requested to adopt the deferred assessment roll and resolution for the Putnam,
Allen and Almeida properties associated with the Woodland Crossings (05-32), Shaw's Glen (05-24)
and Cardinal Ridge (05-20) street and utility improvements.
Councilmember Jacobson stated in the resolution under Item 1 the second line begins with "the sale
oflots by such division, all special assessments shall be paid in full". He stated that was not what
they intended. They intended the special assessments for the lots individually come due but not all
of them and he thought Mr. Berkowitz had some verbiage changes.
Mr. Berkowitz read the new language under Item 1 as "division of the parcel by metes and bounds
description or platting, upon sale oflots by such division, all special assessments shall be paid in full
of all new created parcels". He stated another recommendation to add to the resolution is Item 5 that
would state "Creation of lot that requires connection to City utilities by City Code". In the next
0 paragraph it should be stated "All assessments that lose their deferral under 2,3,4 and ~ above shall
be payable in equal installments of principal and interest over an eight year period."
Mr. Berkowitz stated if they fall below the minimum they would need to come in and request a
variance to not require they hook up to City sewer and water. Councilmember Orttel wondered if it
would not be that way even if they did not have number five in the resolution. He wondered why
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 3
this would be in there because wouldn't the ordinance call for that anyway. Mr. Berkowitz stated to
clarify that in the deferral resolution, if that was indeed the case, they would go back to City Code.
Councilmember Orttel wondered if they could give a variance to a resolution. City Attorney
Hawkins stated they are not giving a variance. Councilmember Orttel stated they would if the
applicant did not want to hook up to City utilities. City Attorney Hawkins thought the variance
would be from the requirement if they hook up to sewer if the land is less than 2.5 acres. Mr.
Berkowitz stated by putting this in the resolution, it covers that to the point that they would have to
go through that variance process or hook up to City sewer and water.
Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for
the Putnam, Allen and Almeida properties associated with the Woodland Crossings (05-32), Shaw's
Glen (05-24) and Cardinal Ridge (05-20) street with the changes noted by Mr. Berkowitz adding the
language to item one and adding the new section item five.
Mr. Scott Allen, 15873 Linnet Street, thought he understood item one but the new item five is one he
would like to discuss because he feels he is losing the well and septic he has now at a premature date.
0 He has had his septic for only three years and he is not saying that he will not pay the assessments
for his house but he would like to continue to defer them until a later date. Mayor Gamache thought
he would have to come in and get the actual variance to keep his home on the well and the septic
after he sold off the one piece and it dropped him below the five or 2.5 acres.
Mr. Allen asked when he sells the first lot would he have to come in and either go through the
variance process or pay the assessment. Mayor Gamache believes that is correct. Mr. Berkowitz
stated at the point of subdivision or platting Mr. Allen would have to come forward with a variance
request through the platting 0fthc t"'''' 1'0. llII 1.areeJ.s: of\'"" oc..e. s,s. _ (t,vY\-e.V1~ q-I~-l,)7
Mr. Allen asked if the variance were denied, would he have to pay the assessment at that time. Mr.
Berkowitz indicated that is correct. He stated that at the time the plat is recorded it is essentially
recorded as substandard to that part of the code.
Mr. Allen stated his biggest concern is he has a plat in the preliminary plat stage but it is on hold
until this is approved and he has to do that from what he understands because he has to have a
grading plan and everything done so he is putting a lot of money into his property right now to get it
graded and the drainage all done and then having to come and pay City assessments for his property.
City Attorney Hawkins stated if he plats the property so that the remainder where Mr. Allen is
located will be less than 2.5 acres, then this policy would trigger the payment of the assessment
unless a variance is given and it is not due and payable in full because he would fall under number
0 five and would be under the eight year special assessment so it would be payable over eight years if
the Council did not give him a variance. Ifhe sells a lot those assessments are due and payable in
full.
Councilmember Orttel wondered if it would be reasonable because of the situation to put in that it is
upon sale not upon filing of the plat. Mr. Berkowitz stated item one covers that so it is the actual
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 4
sale.
Councilmember Knight wondered if the division of the lots affects the extra drain field on Mr.
Allen's property. Mr. Berkowitz indicated it would not.
Motion carried unanimously. (RES. RI24-07)
CONSIDER CITY CODE AMENDMENTIESTABLISHING INTERIM PERFORMANCE
STANDARDSmUGHS-WESTVIEW INDUSTRIAL PARK AREA
The City Council has indicated that they want to proceed with a code amendment to create interim
performance standards for the HughsfW estview Industrial Park area. Based on input from the
Council and the Planning Commission, staffhas drafted a code amendment creating guidelines for
the use of interim performance standards in the area
City Attorney Hawkins stated the criteria, at least in four, five and six, does not seem to have any
C defInitive standards. He would like to see something a little more defInitive as to what the standard
is. If they make these too subjective they will submit themselves to the challenge of being arbitrary.
He would like to see a little more definition as to what they are looking for in the standards.
Councilmember Trude stated some of the businesses have retail and she thought that they had a
standard for that portion of the building based on five spots if they have a thousand feet of retail
space. The way she would read that is the paving of the parking area for customers would be those
five slots and the rest of the business might be exterior storage which would not require paving.
Councilmember Orttel wondered if they could put in there "based on the type of business" and
wouldn't that refer back to their ordinance because there are radically different parking requirements
for different uses. City Attorney Hawkins stated he did not know what the standard was in the
ordinance without this but he did know there are standards and if they want to use something "paving
and parking areas" then the idea is that the standard is not going to be that. He would like to have
something that tells then what they need to look at.
Councilmember Trude thinks the issue in Hughs Industrial is ninety-nine percent of the land is
unpaved and it would be a huge expense to pave and then to provide storm water ponding and a lot
of the businesses there do not require that dress up at this point.
City Attorney Hawkins thought that was a good way to put it. They need to look at their current
0 standard and try to figure out what they are trying to accomplish in this area under the interim use.
Mr. Dickinson stated any proposal that would come forward will be brought to the Council and
Planning Commission for review and approval. They will see what the variation is from the current
code. They could indicate six basic criteria and state what percentage of them need to be met and to
what extent. He thought there were certain issues in here that could be expanded upon. He stated
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 5
they needed to have something in their proposal that identifies the true need of the business for those
types of things.
Councilmember Trude stated when she looked at this she thought the first few criteria under Item D,
the review criteria, are the items the Council and staff are going to look at and focus on to see what
they can vary on in their existing code. She wondered if they should delete Items four through seven
and say "existing commercial standards under their traditional code requires a certain number of
planting and parking lots that are completed with curb and gutter and all of the regular standards can
be varied from in this location based on factors one-three." She thinks this will be a balancing type
of test. She wondered if they should delay this a little and change how this is organized.
Councilmember Trude thinks this is organized poorly and thought they may need to say that their
current standards will apply except they will allow a variance from the three standards, screening and
exterior storage, paving and parking lots and plantings when they look at the factors listed as one,
two and three and these will determine if they can vary. City Attorney Hawkins indicated he felt
more comfortable with that.
0 Councilmember Trude asked if it could be redrafted a little bit.
Motion by Jacobson, Seconded by Trude, to send the draft ordinance back to staff and have section B
redrafted by staff and the attorney based upon the comments and brought back to the next Council
meeting. Motion carried unanimously.
ADOPT 2008 PRELIMINARY TAX LEVY
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 15th.
The 2008 Preliminary Levy certification is the outcome of numerous budget workshops held with the
Council over the summer. The Preliminary 2008 Budget proposes a total property tax levy of
$10,188,718: $6,561,135 (64.39%) operational levy, $2,202,297 (21.62%) debt service levy, and
$1,425,286 (13.99%) capital levy. The Council has the right to reduce or keep constant this levy
until the final certification date of December 28,2007. The proposed levy will result in a 2.8%
increase in the tax capacity rate.
The proposed levy includes the first year of the Open Space Referendum levy. Without the Open
0 Space Levy the increase in the tax capacity would be minimal or constant.
Mr. Dickinson discussed the staff report with the Council.
Councilmember Jacobson stated for the public's understanding he asked for an explanation what the
difference is between the 2.8% increase and the tax capacity rate. Mr. Dickinson explained that the
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 6
tax capacity rate is what is applied to the tax capacity value of a home. A tax capacity value is taken
from the market value.
Motion by Knight, Seconded by Jacobson, to approve the attached resolution that indicates a total
preliminary levy of $10,188,718 to be submitted to the Anoka County Property Records and
Taxation Division by September 15,2007.
Councilmember Trude stated one thing that was interesting to the public is staffwas able to look at
the Open Space Levy Fund potential purchase ofland within the CPI (Consumer Price Index) budget
so they are taking on a whole new program that taxpayers agreed to at the last election and
maintaining their staffing levels at a little lower level in general to cover this so that no homeowner
is going to be hit with a big increase unless their value goes up.
Motion carried unanimously. (RES. RI25-07)
2008 DEBT SERVICE LEVY CHANGES
0 Anoka County Property Records and Taxation Division requires a City Council resolution changing
bonded indebtedness levies for 2008 that would have been certified to Anoka County as part of prior
years' bond sales.
Motion by Jacobson, Seconded by Knight, to approve the attached resolution that would update
certified bonded indebtedness levies for 2008. Motion carried unanimously. (RES. RI26-07)
SET TRUTH IN TAXATION HEARING DATE
This 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.
The first hearing date selected by the City will be for the initial hearing to present the proposed levy
and budget to the public. If the initial hearing is not sufficient for all public comment and further
discussion is required, a continuation hearing will be necessary.
Motion by Trude, Seconded by Knight, to schedule a Truth-In-Taxation hearing for Tuesday,
December 4, 2007 at 7:00 p.m. with a continuation hearing for Tuesday, December 18,2007 at 7:00
p.m. with the official adoption being done on Tuesday, December 18, 2007. Motion carried
0 unanimously.
ADMINISTRATOR'S REPORT
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 7
City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders, development activity and miscellaneous projects.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
MAYOR/COUNCIL INPUT
(Hanson Boulevard Update) - Mayor Gamache asked what the plans are for Hanson Boulevard and
when did they plan on opening it up and are they still on schedule. Mr. Berkowitz stated his
understanding is by November 1 st they want to have the roadway opened to traffic and then the
remainder of the construction will occur in the next construction season with full completion for fall
2008.
(Hanson Bridge Signing) - Councilmember Trude asked if the County is working on better lining or
signing at the Hanson Boulevard Bridge because she has talked to people and they have encountered
0 confusion. Councilmember Orttel thought after time people will get used to it and things will run
smoothly.
(Frank Stone Retirement) - Councilmember Knight wanted to acknowledge Frank Stone for all his
years of service in Andover and he thought he deserved some kind of public commendation.
(Seal Coating Clean Up) - Councilmember Jacobson wondered when the public works department is
going to go around and pick up after the seal coating is done. Mr. Berkowitz stated they should be
working on it now and hopefully within the next few days they will have it all picked up.
(City Updates) - Mayor Gamache stated they have recycling day this weekend on Saturday from 9:00
am. to 3:00 p.m. and Saturday, September 15th is shredding day.
(/35W Bridge Meeting) - Mayor Gamache stated he attended an I35W bridge meeting and they are
going out for bids and he thought the bids would be ready by September 15th. From what they are
saying the bridge will be up and running as early as July 2008 and as late as December 2008.
(Senior Snow Shoveling Help) - Councilmember Jacobson stated they talked earlier in the year about
having groups in the City help seniors and disabled residents with snow shoveling in the winter and
he wondered if staff is working on that so they are ready to go this winter. Mr. Berkowitz stated they
will be contacting groups to volunteer to help out.
0 (Andover Husky Football Team Congratulations) - Mayor Gamache wanted to congratulate the
Andover Husky Football team for winning their opening game against Champlin Park and noted
Anoka won their first game also.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
0 Regular Andover City Council Meeting
Minutes - September 4, 2007
Page 8
adjourned at 8:00 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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