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Home My WebLink AboutCC November 5, 2008 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 - Wednesday, November 5, 2008 Call to Order -7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/21/08 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Resolution Supporting Safe Routes to School Grant Application - Engineering 4. Approve Snow Removal & Ice Control Pplicy - Engineering 5. Approve Reimbursement Resolution/2009 Capital Equipment Purchases - Administration Discussion Items 0 6. Canvass Election Results - Administration 7. Hold Public Hearing/Adopt Assessment RoI1/2008 Overlays (08-2A, Northglen Area & 08-2B, Grow Oak View Estates) - Engineering 8. Hold Public Hearing/Delinquent Utilities - Administration Staff Items 9. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 5, 2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 5, 2008, 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 Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others , PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Amended Item 6, (Canvass Election Results). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES October 21,2008, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page 3, line 12 the sentence should read "He wondered when the City buys the materials they make the signs with, aren't the materials certified to meet the new 0 standard; if the materials are certified and the City is using them, why do they need the device." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 2 CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Resolution Supporting Safe Routes to School Grant Application (See Resolution R080-08) Item 4 Approve Snow Removal & Ice Control Policy Item 5 Approve Reimbursement Resolution/2009 Capital Equipment Purchases (See Resolution R081-08) Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. CANVASS ELECTION RESULTS Mr. Dickinson indicated the City Council is required to canvass the results ofthe General Election 0 that was held on Tuesday, November 4,2008. He read into the record the votes received for each candidate. Vote count for Mayor: Mike Gamache - 11,147 Rosella Sonsteby - 1,556 Eric Kohnke -1,442 Richard Kulkey - 831 Vote count for Councilmember: Mike Knight - 7,540 Sheri Bukkila - 5,389 Brian Haugen - 4,662 Glenda Cooper - 3,443 Jeremy Boyer - 2,645 Mr. Dickinson wanted to thank Michelle Hartner and Anne Heppell for doing an outstanding job along with all the election judges. Motion by Jacobson, Seconded by Orttel, to adopt the resolution canvassing the results of the 0 General Election. (Res.082-08) Councilmember Trude wanted to thank all ofthe people who came out and voted. Mayor Gamache wanted to thank the election judges and all of the workers who made the day go 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 3 smoothly. Mayor Gamache asked if there was anything more the City needed to do for the Senator recount. Mr. Dickinson explained the County will handle this. Councilmember Orttel asked how the process works and why is there a need for a recount. Councilmember Trude and Mr. Dickinson reviewed the process with the Council. Motion carried unanimously. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/2008 OVERLAYS (08-2A, NORTHGLEN AREA & 08-2B, GROW VIEW ESTATES) Mr. Berkowitz stated the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for the 2008 Overlay Project (08-2A, Northglen Area & 08- 2B, Grow Oak View Estates). 0 Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. No one wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for the 2008 Overlay Project (08-2A, Northglen Area & 08-2B, Grow Oak View Estates). Motion carried unanimously. (Res.083-08) HOLD PUBLIC HEARINGIDELINQUENT UTILITIES Mr. Dickinson stated City Code Title 10, Chapter 3, 10-3-3E; City Code Title 10, Chapter 1, 10-1- 9F; and City Code Title 8, Chapter 5, 8-5-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines, tree removal and mowing fees. The assessment procedures directed by State Statute 429 is being followed by holding a public hearing to act upon the proposed assessments. Councilmember Orttel asked where the money was going to instead of paying the utilities if the homeowners of the association have paid their dues. Mr. Dickinson stated theoretically the payments 0 do go to the association however the association has not made the payment. He stated the City still has the ability to collect the money for the bill. Councilmember Trude stated they should discuss this at a workshop. They should figure out a way to let the homeowners know before it gets to this crisis level since they could have people skipping 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 4 town with the money. Councilmember Orttel stated this also happens with renters. Councilmember Jacobson stated on the list they have a number of inactive and active listings, he asked for information on this. Mr. Dickinson stated inactive is when the utilities have been turned off or that is not an active owner anymore. Councilmember Orttel asked on the ones that are still active, at what point do the services get shut off. Mr. Dickinson stated they usually do not shut off the utilities and some people ask that the amount owed be certified to taxes. Councilmember Knight asked if the mortgager is involved and they put it on the tax role can this be done. He wondered if this can be passed onto the mortgage holder. City Attorney Baumgartner stated the assessment stays with the property and does not go with the property owner. Motion by Jacobson, Seconded by Trude, to open the public hearing. Motion carried unanimously. Mr. & Mrs. Jeffrey & Cynthia Dixon, 13336 Tulip Street NW, stated they are at the meeting to 0 appeal the $4,500 bill they and their association has been assessed. She stated the alleged delinquency is being billed for the sprinkler house in the name of City View Farm Homeowners Association. The PIN for the sprinkler house is 13310 Tulip Street NW. The actual amount of the alleged delinquency is $4,491.41 and is slated to be assessed equally against the seven h~mes in the association. Mrs. Dixon stated the reason the amount delinquent is alleged to her is because Ms. Hartner of the City Clerks Office has refused to provide them with any information to substantiate the charges that are being assessed. When she asked for the information she was told it was privileged and could not be given to her. She was shocked by the response since she is being asked to pay for something that she has no idea what services were provided or when the services were provided. They are not likely the homeowner's responsibility but the developer's responsibility but until they get the information they cannot tell for sure. Anything prior to September 12,2008 would not be their responsibility since the water meter was stolen from the pump house sometime prior to June of2008 along with the pump itself. There should be no water fees owed since the time they purchased the home. As she understood it the bill would be for sometime during the last quarter of last year and possibly this spring. She stated she had a hard time understanding how $4,500 worth of water could be used in that short period of time for a sprinkler system. Mrs. Dixon stated Ms. Hartner told her she would need to get the information from the current homeowner's association board which is not a possibility since the developer is in control of the association and will not return their calls. 0 Mrs. Dixon reviewed the process they are going through to deal with the developer. Mrs. Dixon asked the Council to intervene and provide them with the information necessary to research the alleged delinquency so they may file a proper appeal to the charges and/or collect them 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 5 from the developer. She stated in the preferred alternative the City could divide the assessment between the two homes that are still owned by MJB Custom Homes and those would be paid when closed on. Councilmember Jacobson asked if they could release the data to the homeowner for review. City Attorney Baumgartner thought it was as Mr. Dickinson indicated as privileged because it is in the name of the association. He stated he did review the declarations for the association and he wondered when the first unit was sold in the development. Mrs. Dixon stated she did not know. City Attorney Baumgartner stated this is a private matter that the City is being asked to step into. It is a contractual agreement through the association and the developer and the problem they are having is the developer is not honoring the agreement with the owners of the units. He stated the association is run through the developer and that is where it has to be addressed. Mayor Gamache asked legally what rights they have in regard to giving the information to a portion ofthe group. City Attorney Baumgartner stated this is a unique situation and he has not had a chance to look into it. 0 Mrs. Dixon stated the assessment is being charged to the dog house where the pump is located, the common area. Councilmember Orttel wondered how the assessment could get that high. Mr. Dickinson explained the history of the development with the Council. Councilmember Orttel thought there is a lot of unfairness involved here because the utilities were used before the owners owned the property. He thought there should be a way to indicate when looking at a property that there was a delinquent fee on the property. The Council discussed how they could help the owners with the delinquent utilities assessment. Mr. Dickinson stated the City could leave the delinquent amount as a pending assessment and hold it until the certification process next year. Motion by Jacobson, Seconded by Trude, to close the public hearing. Motion carried unanimously. Motion by Orttel, Seconded by Jacobson, to remove the utility bill at 13310 Tulip Street N.W. in the amount of $4,491.41 from the delinquent utility list and bring it back in three months spreading it across all seven properties. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the assessment roll. Motion carried unanimously. (Res.084-08) 0 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 6 activities, CIP Projects and meeting reminders. MAYOR/COUNCIL INPUT There was no discussion. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:24 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 C 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE.. ..................... ................ .......... .......... ................ ........... ....... ..... ....... 1 RESIDENT FORUM. ................. ........ ........... ..... .......... ......... ................ ............. ... ... ... ..... ... ........... 1 AGENDA APPROV AL.............. .......... ....... ........ ............. ........... ...... ....... .... ............ .... .......... .... .... 1 APPROV AL OF MINUTES..... .............. .......... ..... ............. ....... .......... ......... ..... ......... .................... 1 CONSENT ITEMS......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Resolution R080-08 Approving Resolution Supporting Safe Routes to School Grant Application......................................................................................................................... .... 2 Approve Snow Removal & Ice Control Policy........................................................................... 2 Resolution R081-08 Approving Reimbursement Resolution/2009 Capital Equipment Purchases............................................................................................................................ .... 2 CANV ASS ELECTION RESULTS (Res.082-08) ......................................................................... 2 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/2008 OVERLAYS (08-2A, NORTHGLEN AREA & 08-2B, GROW VIEW ESTATES) (Res.083-08) ..........:................. 3 HOLD PUBLIC HEARINGIDELINQUENT UTILITIES (Res.084-08)........................................ 3 ADMINISTRATOR REPORT ....................................................................................................... 5 MA YORlCOUNCIL INPUT ...... ............ .......... ...................... ............ ....... ....... ...... ............. ........... 6 ADJOURNMENT........................................................................................................................... 6 0