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HomeMy WebLinkAboutCC August 6, 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, August 6, 2008 Call to Order - 7:00 p.m. Pledge of Allegiance Presentation - Central Center for Family Resources - Kathy Samilo Resident Forum Agenda Approval 1. Approval of Minutes (6/24/08 Workshop/Amended 7/15/08 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Dental Renewal and Employer Contribution - Administration 4. Approve On-Sale 3.2% Malt Liquor License/Tasty Pizza - Administration 5. Approve Hold Harmless & Easement Encroachment Agreement/Lt. 15, Blk. 3, Woodland Crossings- Engineering 6. Approve Hold Harmless & Easement Encroachment Agreement/14520 Jay Street NW - Engineering 7. Approve Hold Harmless & Easement Encroachment Agreement/241 0 - 151 sl Avenue NW - Engineering 8. Approve Hold Harmless & Easement Encroachment Agreement/289 - 139th Avenue NW - Engineering 9. Approve Hold Harmless & Easement Encroachment Agreement/1519 - 159th Avenue NW - Engineering 10. Approve Change Order #1/2008 Overlays/08-2A (Northglen Area) - Engineering 11. Approve Contract for School Liaison! Anoka-Hennepin School District - Administration 12. Award Bid for Fire Department Tanker Truck - Fire Discussion Items 13. Adopt Resolution Appointing Election Judges for Primary Election - Administration 14. Discuss Pool Fencing Requirements - Planning 15. Discuss Cell Towner Lease Buy-out Proposal- Administration Staff Items 16. Schedule EDA Meeting - Administration 17. Schedule September Council Workshop - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment 0 CI.T Y o F 0 .NDOVE REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 6,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken Orttel, August 6,2008, 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: Mayor Mike Gamache Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Fire Chief, Dan Winkel Others 0 PLEDGE OF ALLEGIANCE PRESENTATION - CENTRAL CENTER FOR FAMILY RESOURCES - KATHY SAMILO Ms. Kathy Samilo introduced herself and asked the Council to donate $3,000 to Central Center for Family Resources in order to continue to provide help to Andover families in need. Ms. Samilo made a presentation to the Council regarding what their agency does in the communities. Councilmember Trude asked if they are funded by the schools. Ms. Samilo indicated some of the schools fund them and some do not. Councilmember Trude wondered if Anoka-Hennepin schools help fund them. Ms. Samilo indicated some of the schools they go into are funded and others they provide free services. Councilmember Jacobson asked in regard to the slidirig scale what the typical rate they charge per hour is. Ms. Samilo stated they follow Anoka County's sliding scale and sometimes they do not charge for their services dependirig on the need. Councilmember Jacobson asked if any of the major revenue sources listed in their brochure have 0 come back and indicated ifthey will not donate this year. He wondered if the list given to them was accurate. Ms. Samilo indicated it was. Acting Mayor Orttel asked if they received any CDBG funds. Ms. Samilo explained some years they receive the funds and other years they have not. In 2006 they received funds and in 2007 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 2 they did not. She believes they are getting funds again in 2008. Acting Mayor Orttel asked how much they receive from Anoka County. Ms. Samilo stated for this upcoming year the County has given them $15,000 from the CDBG. Ms. Samilo stated they have been around for twenty-nirie years but just recently been able to start trackirig statistics by city. Acting Mayor Orttel thought if it was a level amount of use throughout the County, it would be a perfect situation for funding from CDBG. Ms. Samilo stated they have gotten CDBG funding for the Bridgeview Program but for the kids programs CDBG has gotten really restrictive. They now have to get parents to sign a form stating their income; stating that they are in need and parents are not willing to do this. Councilmember Knight asked if the psychologists they use donate their time or how do they manage to pay them. Ms. Samilo stated they have a number of doctors that are employees, some are contractors and most volunteer in one way shape or form. Councilmember Jacobson stated they are close to finalizing their budget and he thought they have one worksession left where they are going to discuss and review the budget. He wondered 0 if they could take this request and table it until their worksession to discuss so they know where they are at. The Council agreed. RESIDENT FORUM No one wished to address the CounciL AGENDA APPROVAL Remove from Consent Items for discussion Items 12, (Award Bid for Fire Department Tanker Truck). Mr. Dickinson indicated there is a third set ofMiriutes that needed to be added for approval, July 22, 2008 Workshop Minutes. Mr. Dickinson also referenced the supplemental information for the agenda items. Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. 0 APPROVAL OF MINUTES June 24,2008, Amended Workshop Meeting: Correct as written. Motion by Trude, Seconded by Jacobson, approval of Miriutes as indicated above. Motion carried 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 3 unanimously. July 15, 2008, Regular Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. July 22, 2008, Workshop Meeting: Correct as amended. Councilmember Trude stated on page 7, line 11, they talked about a workshop handout that talked about assessment policy questions and she would like to have the item description stateq for each of them. She noted on page 8, up to the motion it says they withdrew the motions and then the Mayor made a statement and they all agreed with the statement and this had to do with the Oak Wilt Funds and she would like to add the sentence "The Council concurred" on line 16. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried llmmimously. 0 CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Dental Renewal and Employer Contribution Item 4 Approve On-Sale 3.2% Malt Liquor License/Tasty Pizza Item 5 Approve Hold Harmless & Easement Encroachment Agreement/Lt. 15, Blk. 3, Woodland Crossings Item 6 Approve Hold Harmless & Easement Encroachment Agreement/14520 Jay Street NW Item 7 Approve Hold Harmless & Easement Encroachment Agreement/241 0 - 151 st Avenue NW Item 8 Approve Hold Harmless.& Easement Encroachment Agreement/289 - 139th Avenue NW Item 9 Approve Hold Harmless & Easement Encroachment Agreement/1519 -159th Avenue NW Item 10 Approve Change Order #1/2008 Overlays/08-2A (Northglen Area) (See Resolution R061-08) Item 11 Approve Contract for School Liaison! Anoka-Hennepin School District Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 0 unanimously. 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 4 AWARD BID FOR FIRE DEPARTMENT TANKER TRUCK As previously approved by the Mayor and City Council the fire department has advertised and received sealed bids for one new fIre department tanker truck. Councilmember Jacobson indicated this is a replacement they have been planning for. Bids went out and there were two bids. One was from General Safety Equipment with a bid of $301,695.00, and the other bid was from Clarey's Safety Equipment/Pierce Manufacturing for $308,433.00. The General Safety is the low bid and the Fire Department is askirig for an additional $500.00 added to the low bid to provide for a hinged front bumper. The total bid from General Safety would be $302,195.00. Motion by Jacobson, Seconded by Knight, to accept the bids and also authorize signirig a contract with General Safety Equipment to build the new fire department tanker truck and to add $500.00 to the bid for a hinged front bumper making the total bid amount $302,195.00. Councilmember Trude noticed a comment about when they pay but they are not taking any action on that. Mr. Dickinson addressed the comment with the Council, indicating that the city will see a $4,100.00 deduct by paying for the chasis upon delivery to the manufacturer. Mr. Dickinson indicated that the $500.00 add to the bid was to cover an item that was included with Clarey bid. Motion carried unanimously. ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION The City Council is required to appoint judges to serve at the Primary Election on Tuesday, September 9, 2008. The Council is requested to adopt the attached resolution appointing judges for the Primary Election. Councilmember Trude indicated she would not vote on this item. Motion by Knight to approve this item as amended. Motion failed for lack of a second. Councilmember Jacobson noted Councilmember Trude will be the Chief Judge in Precinct #9. He understands that legally there is no problem with her doing that, it is entirely legal. She is not runnirig for an office this year but he is looking at this in terms of propriety. He thought people expected politicians to be at an arms length in transactions. He is sure she would do a super job as a chief judge but he is raising the question since she is a Councilmember not up for election. He 0 wondered if the Council felt it was proper or reasonable for her to serve as the chief judge in that precinct. Acting Mayor Orttel thought that anyone who applies for this is doing a great service to the community. He stated she would not have any control in influencing and he did not think she would 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 5 attempt to influence any voters there. He thought this was a good thing. Councilmember Knight indicated he did not have any objection to this. Motion by Knight, Seconded by Jacobson, to adopt the resolution appointing judges for the Primary Election as amended. Motion carried 3 ayes, 1 present (Trude). Motion carried. (Res.062-08) DISCUSS POOL FENCING REQUIREMENTS Staff received a written request to discuss the issue once again, the same issue was discussed on November 8, 2006. The decision of the Council was to deny the request (to only have a pool cover rather than a fence). Mr. Torrey Kjelstad, 17241 Partridge Street, discussed the reasons why he thought the safety cover was a better safety measure than a fence. Councilmember Knight asked where the electronic keypad is located. Mr. Kjelstad indicated it was located five feet above the ground on the outside of the house. He explained the electronic keypad is not key operated but needed a code in order to open and close the pool cover. Councilmember Trude asked how long does it take for the pool cover to close. Mr. Kjelstad indicated it closes in seventeen seconds. Acting Mayor Orttel thought the cover seemed tremendously efficient and safe but the City Code stipulates there needs to be a fence surrounding a pool. Mr. Kjelstad asked if they could amend the code to read that if a person lives on two or more acres they would have two different safety choices, one is to put in an approved fence or a Cover Start automatic safety cover could be installed but it must have a security code key pad and it cannot be operated with a manual key. If the Cover Star Safety Cover is chosen, you must also obtain signatures from the surroundirig neighbors stating they understand the safety system being chosen and that they approve of it. Councilmember Jacobson stated he is the only one on the Council that has a pool and he has had several issues with it. He stated the problem is the safety and the main issue is what is safe. The key is that you have to have someone push the code in to close the cover and if someone forgets to close it, it remains open and could be potentially dangerous. He stated that once it is allowed for one property, it is allowed for everyone and not everyone is responsible. He would not like to see the fencing ordinance changed and felt it was safer to have a fence. Mr. Kjelstad stated he has known people who have neighbors where the fence actually failed and did not close. He did not think fences are the safe all either and he believed the codes are there to also protect irresponsible people. 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 6 Acting Mayor Orttel wondered what Mr. Kjelstad's insurance thinks of this. Mr. Kjelstad indicated they are aware of it and actually approve of it. Acting Mayor Orttel indicated he would like to see something from the Buildirig Department about the safety of these. Councilmember Jacobson stated they are safe if someone remembers to close them but the issue is if it is left open and gates are supposed to close automatically. Councilmember Trude stated a fence is a visual barrier for kids where just a pool cover is not and she thought this would open the door to more people having these and someone will make a mistake and they will come back and ask why the code was changed. Councilmember Knight noted that water is so unforgiving. Mr. Kjelstad stated aesthetically for his yard and his application it is unique. He indicated he has a retaining wall on one side of the pool and it would be difficult to fence that area. Councilmember Jacobson asked when a permit was pulled was it stamped a fence was required. Mr. Kjelstad thought it probably was stamped. Acting Mayor Orttel thought the pool cover was a lot more expensive than a fence and probably safer than a fence and he would hate to deny this without more research done. Councilmember Trude did not think this was worth changing the code because not everyone is responsible. Council consensus is to leave the City Code as is. Mr. Dickinson indicated the City Code would be enforced. DISCUSS CELL TOWER LEASE BUY-OUT PROPOSAL The City of Andover has been approached by an investment group (Wireless Lease Consultants) that is interested in purchasing the City's interest in the water tower wireless leases and purchasing a wireless communication easement over the water tower facility (the water tower on the City Hal1/Public Works Campus). The City currently has two wireless antenna leases on the water tower, with T -Mobile and SprintlNexteL Mr. Dickinson reviewed the information with the Council. 0 Acting Mayor Orttel asked if the four percent obligates them for the entire thirty years or would it expire at the term of the current lease. Mr. Dickinson stated the four percent will extend until the end of the term of the lease renewals, which will take them to 2017. Councilmember Trude thought they should pass on this at this time because she did not like the 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 7 idea that they would not have full control of their own tower. Councilmember Jacobson wondered if they should try to negotiate for a better price. Councilmember Trude stated she liked the idea of being in control of the tower. Acting Mayor Orttel did not think they would be using this type of technology in thirty years. Motion by Knight, Seconded by Trude, to reject the proposal and not proceed any further. Councilmember Jacobson still wondered if they could negotiate for a better deal. Acting Mayor Orttel stated he did not like losing control of their facility. Motion carried unanimously. SCHEDULE EDA MEETING The Council is requested to schedule anEDAmeeting at 6:00 p.m. before the August 19, 2008 City Council meeting. Councilmember Trude wondered if they could extend the items on the agenda moved to the first meeting in September rather than in August. Motion by Trude, Seconded by Knight, schedule an EDA meeting on September 2,2008 at 6:00 p.m. Motion carried unanimously. SCHEDULE SEPTEMBER COUNCIL WORKSHOP The Council is requested to schedule a Special Council Workshop for the month of September for a number of miscellaneous business items. Motion by Jacobson, Seconded by Trude, schedule a Council Workshop meeting on September 23,2008 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and miscellaneous projects. Community Development Director Neumeister updated the Council on development activity in the city. 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 8 MAYOR/COUNCIL INPUT (Open Space Commission Update) - Councilmember Knight asked what the status is on the open space item. Mr. Neumeister stated the Commission had a taping with QCTV and will be meeting August 13th. In September they will have an open house and a consultant was also with the DNR grant money they received. (National Night Out Review) - Councilmember Knight thought National Night Out went very well and was well received. Councilmember Trude was very surprised how young the neighborhoods are in the southern part of the City. She stated she had positive comments from people but concern about how some of the homes in the neighborhoods look. (Home Improvement Progress) - Councilmember Jacobson asked how the home improvement process was goingfor the home with the scaffolding. Mr. Neumeister updated the Council on the progress. Councilmember Orttel wondered if they could get a volunteer group to go and help paint the home. Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:26 p.m. Respectfully submitted, Susan Osbeck, Recordirig Secretary 0 0 Regular Andover City Council Meeting Minutes - August 6, 2008 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 6,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................................................................................... 1 PRESENTATION - CENTRAL CENTER FOR FAMILY RESOURCES - KATHY SAMILO. 1 RESIDENT FORUM ....................................................................;................................................. 2 AGENDA APPROV AL.................................................................................................................. 2 APPROV AL OF MINUTES.. ... .... ...... .......... ................... .................... ........................ ........ .... ....... 2 CONSENT ITEMS .. ............ ....... .................................... .... ..... ............ ..... ........ ........ ....... ............ ". 3 Approval of Claims .... ........... .... ..... .... ... ..... ....... ...... ........... ......... .... .......... ....... '" ....... ... ....... ....... 3 Approve Dental Renewal and Employer Contribution ............................................................... 3 Approve On-Sale 3.2% Malt Liquor License/Tasty Pizza.......................................................... 3 Approve Hold Harmless & Easement Encroachment Agreement/Lt. 15, Blk. 3, Woodland Crossings........................................................................................................................... ..... 3 Approve Hold Harmless & Easement Encroachment Agreement/14520 Jay Street NW ........... 3 Approve Hold Harmless & Easement Encroachment Agreement/241 0 - 151 st Avenue NW .... 3 Approve Hold Harmless & Easement Encroachment Agreement/289 -139th Avenue NW ......3 Approve Hold Harmless & Easement Encroachment Agreement/1519 - 159th Avenue NW .... 3 Resolution R061-08 approving Change Order #1/2008 Overlays/08-2A (Northglen Area) ...... 3 Approve Contract for School Liaison/Anoka-Hennepin School District ................................... 3 AWARD BID FOR FIRE DEPARTMENT TANKER TRUCK.................................................... 4 ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION R062-08.......................................................... ................................................................................. 4 DISCUSS POOL FENCING REQUIREMENTS ........................................................................... 5 DISCUSS CELL TOWER LEASE BUY-OUT PROPOSAL ........................................................ 6 SCHEDULE EDA MEETING ....................................................... ..... .... .......... ... ........ ................ ... 7 SCHEDULE SEPTEMBER COUNCIL WORKSHOP.................................................................. 7 ADMINISTRATOR REPORT ....................................................................................................... 7 MA YOR/COUNCIL INPUT ................................. ...... ............. ... .................... ....... .......... ...... ........ 8 Open Space Commission Update. ..... ............................................................ .................. ............ .... 8 National Night Out Review. ...... ............... .............................. ....... ..... .............. ..... ...... ..... ...... ........ 8 Home Improvement Progress..... ............................ ................ ......... ...... ............... ............ ...... ......... 8 Adj ourment ..................................................................................................................................... 8 0