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Home My WebLink AboutCC April 1, 2008 c' X ~-.l-' "', () ,'-;' i 1. l:' NDOVE 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, April 1 , 2008 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/18/08 Regular Meeting, 3/18/08 Closed Session) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Specs/Order Advertisement for Quotes/08-12/Sunshine Park/Irrigation Well - Engineering 4. Approve Resolutions/MSA Revocating & Designating MSA Streets - Engineering 5. Approve Plans & Specs/Order Advertisement for Bids/07 -4 7 !Railroad Quiet Zones/161 st Avenue NW - Engineering 6. Approve Application for Exempt Permit/Zion Evangelical Lutheran Church - Clerk 7. Approve Assessment Abatement & Recertification/Miller's Woods - Clerk 8. Amend City Code 3-1B-9 (A)/Liquor Licensing- Clerk 0 9. Approve Sanitary Sewer Lateral Charge Refund for the Sophie's South Development- Administration/Engineering Discussion Items 10. Presentation - Riverside Pipeline Construction Project Update - CenterPoint Energy 11. Discuss/Approve 2009 Budget Development Guidelines - Administration Staff Items 12. Schedule EDA Meeting - Administration 13. Administrator's Report - Administration Mayor/Council Input Adjournment - 0 0 Regular Andover City Council Meeting Minutes - April], 2008 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 1, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE....................................................................................................... 1 RESIDENT FORUM.................................................................................................................... 1 AGENDA APPROVAL................................... .................... ..'....................................................... 1 APPROV AL OF MINUTES ..... ............................................................................ .... ........... ......... 2 CONSENT ITEMS ....................................................................................................................... 2 Approv8I of Claims................................................................................................................... 2 Resolution R024-08 approving Specs/Order Advertisement for Quotes/08-12/Sunshine ParklIrrigation Well ............................................................................................................. 2 Resolution R025-08 approving ResolutionslMSA Revocating & Designating MSA Streets .. 2 Resolution R026-08 approving Plans & Specs/Order Advertisement for Bids/07-47/Railroad Quiet Zones/161 st Avenue NW ............................................................................................ 2 Approve Application for Exempt Permit/Zion Evangelical Lutheran Church ......................... 2 Approve Assessment Abatement & RecertiticationlMiller's Woods .......................................2 0 Approve Sanitary Sewer Lateral Charge Refund for the Sophie's South Development........... 2 PRESENTATION - RIVERSIDE PIPELINE CONSTRUCTION PROJECT UPDATE............ 3 DISCUSS/APPROVE 2009 BUDGET DEVELOPMENT GUIDELINES .................................. 3 AMEND CITY CODE 3-1B-9(A)/LIQUOR LICENSING ..........................................................4 SCIIEDULE ED A MEETIN" G ...................................................................................................... 5 ADMINISTRATOR REPORT.... .................. ....................................................... ........................ 5 MA YO RICO UN CII- INPUT .......... .............................................................................................. 5 North Suburban Home Improvement Show.............................................................................. 5 East Bethel Sewer Project. .................................................... ...... ......................... ......... .... ........ 5 ADJ 0 URN'MENT ......................................................................................................................... 6 0 0 REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 1, 2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 1, 2008, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Ortte!, Julie Trude Councilmember absent: None 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 No one wished to address the CounciL AGENDA APPROVAL Councilmember Jacobson stated on Item 8 there is a requirement that they have a credit history check and he wondered why this needs to be in the record. Councilmember Trude agreed and stated if the applicant paid for the license did the City care about their credit record. Councilmember Orttel thought it may be covered in the bonding requirement. Mr. Dickinson stated it is included in the basic report so they are identifying it. Councilmember Trude stated she would be concerned about making the credit information public. Mr. Dickinson stated the information is not kept at the City and if something comes up in the report the Sheriff's Department would get informed about it. City Attorney Baumgartner assumed this was included as part of the report they received. He stated 0 what other cities get is just an approval from the Sheriff's Department. Councilmember Orttel wondered if this goes to the Clerk's office, wouldn't it become public record. City Attorney Baumgartner stated it would be. He stated they could just receive an approval or denial from the Sheriff's Department without any underlying information. 0 Regular Andover City Council Meeting Minutes - April 1, 2008 Page 2 Councilmember Jacobson thought this item should be removed for discussion. Remove from Consent Items for discussion Items 8, (Amend City Code 3-1B-9(A)/Liquor Licensing). Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 18, 2008, Regular Meeting: Correct as written. Councilmember Trude stated on page 5, line 23, she would like to strike "this type of zoning" and instead state "Daycare use in an Industrial Zone". Also on line 44, the word ''them'' should be replaced with "daycares". Page 6, line 4, insert before the word "issues" "safety issues." 0 Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried llnanimously. March 18, 2008, Closed Session Meeting: Correct as written. Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Specs/Order Advertisement for Quotes/08-l2/Sunshine ParklIrrigation Well (See Resolution R024-08) Item 4 Approve Resolutions/MSA Revocating & Designating MSA Streets (See Resolution R025-08) Item 5 Approve Plans & Specs/Order Advertisement for Bids/07 -4 7/Railroad Quiet Zones/16l st Avenue NW (See Resolution R026-08) Item 6 Approve Application for Exempt Permit/Zion Evangelical Lutheran Church Item 7 Approve Assessment Abatement & Recertification/Miller's Woods Item 9 Approve Sanitary Sewer Lateral Charge Refund for the Sophie's South Development 0 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried nnanimously. 0 Regular Andover City Council Meeting Minutes -April], 2008 Page 3 PRESENTATION - RIVERSIDE PIPELINE CONSTRUCTION PROJECT UPDATE City Administrator Dickinson introduced Mr. AI Swintek, CenterPoint Energy's Manager of Local Government Relations who updated the Council on communication, easement acquisition, and construction activities taking place relative to the Riverside Pipeline Project. Mr. Swintek introduced Dale Anderson, CenterPoint Energy's Riverside Pipeline Construction Manager and Scott Stenger from Pro Source. Mr. Swintek updated the Council on the project and explained that there will be a hotline number (612-231-5129) that is monitored twice a day for messages for any questions from the residents on this project. He noted the project should be completed in Andover by the middle of May 2008. Councilmember Trude wondered if there will be protection from the open trenches during construction. Mr. Berkowitz stated they have been guaranteed by CenterPoint Energy that the trenches will be back filled and the road will be open in the evenings. 0 Councilmember Trude asked where the gas is coming from. Mr. Swintek stated there is an existing town border station that is owned by Northern Natural Gas and they provide the gas to the different companies. He explained how the process works. Councilmember Jacobson asked how deep the line will be. Mr. Swintek stated the top of the line will be a minimum of three feet and deeper in spots. Councilmember Jacobson thought that was shallow. Councilmember Jacobson asked if there were any condemnations in Andover. Mr. Stenger stated it was only the City property that was condemned. Councilmember Orttel thought the information indicated there were seven uncontested properties in Andover. Mr. Swintek stated that included other cities. Councilmember Jacobson stated it indicated Anoka County. Councilmember Orttel wondered if the pipe will be at the urban thickness. Mr. Stenger stated the majority of the pipe will be ~ inch thick. Mr. Winslow Holasek asked if the line will be a transmission line or a distribution line. Mr. Swintek stated it would be a transmission line. Mr. Holasek asked what the pressure will be of the line. Mr. Swintek explained it would be between 550 and 650. 0 DISCUSs/APPROVE 2009 BUDGET DEVELOPMENT GUIDELINES City Administrator Dickinson explained City Departments will soon start preparing for the 2009 Annual Operating Budget Development process and is looking to the City Council to establish the Council's guidelines for the preparation of the 2009 Annual Operating Budget. 0 Regular Andover City Council Meeting Minutes - April], 2008 Page 4 Councilmember Knight asked if Mr. Dickinson was looking at zero market growth or more than that Mr. Dickinson stated they are anticipating the number to be flat if not negative. Councilmember Jacobson stated he wants to reinforce that the budget not exceed inflation. He did not see that it did exceed inflation and wanted to mention that. He stated they want to keep their costs as low as possible. Mr. Dickinson thought this was an understanding of staff and they understand that there are areas they may have to limit below the rate of inflation to be able to accommodate areas that may exceed the rate of inflation. Councilmember Knight asked Mr. Dickinson ifhe could make a comment to the public what they are anticipating in regard to house valuations going forward. Mr. Dickinson thought he would leave that up to the tax assessor but when he looks at market value, he looks at it for the City as a whole. Councilmember Orttel stated when they talk about their budget they are talking about how they are going to respond to their constituents regarding spending money and how they are going to maintain a reasonable level of spending but he wondered at what point when they know that the prices of houses have gone down how do they face the public with this because of all the differences in home 0 prices within neighborhoods. He asked at what point does the Council state this is not right. Mr. Dickinson stated when he talks flat market value growth he is taking into consideration many things like new growth, commercial, etc. Councilmember Trude stated they need to look at real costs because the tax capacity number changes based on numbers they may have no control over; they are market driven. Mr. Dickinson stated they try and look at the bottom line budget. They want to stay within the rate of inflation. There are certain areas where they have latitude and other areas they do not and are committed to that may be higher than the rate of inflation. They will look into the other areas of the budget to over compensate the other way. Councilmember Trude thought when they talk to the assessor about the presentation he makes at the Board of Appeal they can have him talk about general areas of the community so they understand as people talk to them if there are some trends in certain sections of the City. Mr. Dickinson stated that is part of their normal presentation and they will talk about it. AMEND CITY CODE 3-1B-9(A)/LIQUOR LICENSING City Administrator Dickinson explained the Sheriff's Office has requested that the City amend the City Code to authorize them to do background checks on liquor license applicants. 0 Councilmember Jacobson stated his understanding from Councilmember Orttel was that the credit history is used by the insurance company or bank to get a bond and he did not think the City needed to know that. Councilmember Orttel stated that is correct and he wondered if they could leave that information at the Sheriff's Department. 0 Regular Andover City Council Meeting Minutes - April], 2008 Page 5 City Attorney Baumgartner stated he reviewed the form and it is pretty much a catch all for all types of applications. There are different requirements for the different types of licenses the applicant is applying for. For on-sale liquor licenses there is a requirement that there be a background and a financial investigation done on the applicant. This form does not particularly fit that particular mode. He stated he also looked at the top of the application where it has the data privacy advisory, which is somewhat vague and broad in scope in nature and says the data is not legally required which is not necessarily true becaUse under the statute this. information is required in order to do a background check. He would propose for the purposes of tonight, he would think the ordinance itself is sufficient but the form may need to be redone. He thought they may need to have a different form that addresses some of the State statutory language that should be included in this form. In respect to data privacy, an individual who gives personal and private information can waive that right and therefore make it public data information which the City can contain in a form where they sign and acknowledge that the information they are providing will be public data once provided to the Clerk's Office. He thought that was the original intent of the data privacy advisory but he thought it needs to be a little more specific and he would include some additional language to make sure that the applicant signing this application understands the information will be public upon the granting or issuance of a license. 0 Motion by Jacobson, Seconded by Trude, to delay approving this item until the next City Council meeting to allow the City Clerk and Attorney to agree on what should be the proper language. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on April 15, 2008 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, update on CIP projects, meeting reminders, Legislative topics and miscellaneous projects. .MAYOR/COUNCIL INPUT 0 (North Suburban Home Improvement Show) - Mayor Gamache thanked everyone who came to the North Suburban Home Improvement Show that was held at the Community Center on April 2, 2008. (East Bethel Sewer Project) - Mayor Gamache stated a resident from the northern part of Andover has asked if there has been a request for Andover to give a letter of support or anything 0 Regular Andover City Council Meeting Minures-Aprill,2008 Page 6 regarding East Bethel's proposed sewer project. Mr. Dickinson stated there has been discussion between the Met Council and staff and actually there has been a request to possibly serve an area of the City through that system and staff will be bringing that forward at a future Council workshop. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:10 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0