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HomeMy WebLinkAboutCC - September 1, 2009 ? CN T Y O F DOVE 4 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 1, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/18/09 Regular, 8/18/09 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Resignation /Park Commission Member — Engineering 4. Appoint Park Commission Member — Engineering 5. Accept DNR FireWise Grant/09 -15 /Andover - Ramsey Pine Tree Management Project — Engineering 6. Rescind Approval of Drainage & Utility Easements /Approve Revised Drainage & Utility Easements /09- 30/15005 & 15019 Eagle Street NW Engineering © 7. Consider Approval Application for Exempt Permit/Minnesota Recreation and Park Foundation — Administration 8. Declare Fire Department Excess Property — Fire 9. Building Repair- Parks /Maintenance Garage - Finanace Discussion Items 10. Consider Time Extension/Timber Trails 2,d Addition Final Plat — Planning 11. Discuss /Adopt 2010 Preliminary Tax Levy — Administration 12. Discuss /Approve 2010 Debt Service Levy Changes -Administration 13. Schedule Hearing Date for 2010 Budget Discussion and Public Comment — Administration 14. Follow Up - Consider Declaring Dangerous Dog — August 18` Discussion - Administration Staff Items 15. Schedule September Workshop - Administration 16. Administrator's Report - Administration Mayor /Council Input Adjournment C A I T Y O F p NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 1, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 1, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown BoulevardNW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OFALLEGIANCE RESIDENT FORUM South Metro Human Services Housing in Andover Mr. Bob Miner, 1125 162 Avenue NW, read a letter from the neighborhood in regard to a house purchased by a substance abuse and severe mental disorder treatment contractor. He presented the letter to the City Administrator for the City records. Mayor Gamache read a statement from South Metro Human Services. Mr. Bill Pinsonnault, Director of Community Social Services & Mental Health at Anoka County made a presentation to the Council in regard to Anoka County's role in this. A resident asked why the homes are not put into one geographical area, why don't they concentrate them. Mr. Pinsonnault stated they would have the issue of discrimination. The whole effort in having these types of homes is to normalize them. Another resident asked if the home will house people with drug and alcohol addictions. Mr. Pinsonnault stated they cannot be actively using but they can house someone who is in recovery. The primary diagnosis is the mental disability. There could be a co- occurring disorder along with this. He stated this is not a sober house. A resident asked if Mr. Pinsonnault had a home like this in his neighborhood. Mr. Pinsonnault indicated he did. © Regular Andover City Council Meeting Minutes — September 1, 2009 Page 2 Councilmember Bukkila asked if this stemmed from a mental health intake at the County level or is it a type of a community corrections diversions program prior to any criminal action. Mr. Pinsonnault stated this is not involved in any shape or form with community corrections. Councilmember Bukkila asked to have the intake process described to them as far as the first point of contact with the client. Mr. Pinsonnault explained the process of home placement to the Council and residents. Councilmember Bukkila thought some of the concerns the residents may have in regard to chemical abuse and dependencies are what would happen if the people do something they are not supposed to do or if they fall off the wagon. She wondered if they will be monitored at all times. Mr. Pinsonnault stated it depended on what level the individual is at in terms of their treatment. Councilmember Bukkila asked in regard to any criminal activity being done on the property what should the residents do in reaction to this. Mr. Pinsonnault stated it would be no different than any other neighbor. They should call the police first and the City will have other contact numbers in case of other non - criminal related concerns on the property. A resident asked if the individuals will be coming out of Anoka State Hospital or will they be transitioning out of other facilities. Mr. Pinsonnault stated they will be coming out of other adult care facilities outside of Anoka County. It does not mean that in the future someone will be transitioned who is ready from the Anoka State Hospital or a hospital. Another resident asked if the residents will have their own vehicles. Mr. Pinsonnault indicated he did not know. He stated he could find out for the residents. He stated each corporate house has curfews and rules that have to be followed. Mr. Dickinson noted relative to parking the individuals will need to adhere to the same regulations as other residents in Andover. This is something these types of homes are not exempt from and need to follow all the City ordinances. A resident thought the letter contradicted the website greatly. Mayor Gamache stated South Metro Human Services website more than likely is more elaborate because they handle a number of different individuals and not just this type. Mr. Pinsonnault indicated that was correct. He explained the services South Metro Human Services performed. A resident was concerned because she has to deal with mental ill patients as a profession and knew they can get very out of control quickly and wondered how this would be handled at the home. She © also indicated she dealt with out of control people at her job and some get very angry with her and she did not want any individuals knowing where she lived or who her children are. She did not want to have concerns about her family's safety at her home because this home came in to the neighborhood. © Regular Andover City Council Meeting Minutes —September 1, 2009 Page 3 A resident asked what type of protection the City can take. Mayor Gamache stated from a City standpoint there are no steps they can take to say that everyone in the neighborhood will be safe. The law is basically laid out for the City and the City cannot give any guarantees but there are the police along with ordinances and there is twenty -four staff that will be at the residence. This should provide some sense of security. Councilmember Knight asked if the residents of the group home will be recovering drug or alcohol users. Mr. Pinsonnault stated the individuals going in to the residence will be clean and sober and if they fall off the wagon they will need to go back into a treatment center and will be removed from the home. Councilmember Jacobson asked what ability, if any, did the City Council have in the siting or running of this facility. Mr. Pinsonnault stated the City can do no more for this facility than if it was an individual moving into this house or any other house in the City. Councilmember Jacobson asked if there is anything in the State Statutes that allow them some wiggle room. Mr. Pinsonnault stated the State Law follows the Federal Statute. He read from an © attorney citing public law 100- 430,42USC3602. Councilmember Jacobson understood the public law but what happens when this is a business. Mr. Pinsonnault stated Corporate Foster Homes falls under the same classifications as family foster homes in terms of law and are not classified as a group home where you would have six or more and considered a business. Mayor Gamache asked if they normally have a neighborhood meeting when entering other cities. Mr. Pinsonnault indicated they offer open houses for people to come in and meet the staff, ask questions and see any renovations done to the home and they would be glad to do this at this residence. A resident asked who chose the house. Mr. Pinsonnault indicated South Metro Human Services made the selection. Mr. Dickinson stated he asked South Metro Human Services this question and the reply he received was they look for a home with a workable floor plan, turn -key, modest home and would have the ability to have four clients in it. A resident asked who pays for the house. Mr. Pinsonnault stated South Metro does, they get paid from the County on a per diem basis for the clients they put in the home. He stated Federal and State taxes are paying for this and not County funds. © Councilmember Jacobson suggested they could make the Council Chambers available for a neighborhood meeting with South Metro Human Services at another time. Mayor Gamache explained the City will contact the residents in the neighborhood to set up a © Regular Andover City Council Meeting Minutes —September 1, 2009 Page 4 neighborhood meeting with South Metro Human Services and the County. AGENDA APPROVAL There were no changes. Motion by Trude, Seconded by Jacobson, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES August 18, 2009, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page two, line 42, the sentence should read: "Mr. Dickinson stated on February l Otis and August 1 St a dog left his its property." © Councilmember Trude stated on page six, line 17, near the end it should read "how severe ". On pages 15 -17 at the top of page 15 strike the word "they" on the first sentence. Page 16, line 26, she was amending the resolution and wanted to change it a little bit. The sentence should read "Councilmember Trude stated she would amend the resolution. Item 1 to read: Design and Construction." On page 17, line 1 is concluding a statement and she would like to add: "Councilmember Trude withdrew the addition of an Item 4." Page 17, line 8, add the sentence: "following restatement of the motion by Councilmember Trude, seconded by Knight..." Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. August 18, 2009, Closed Meeting: Correct as amended. There were no changes. Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS © Item 2 Approval of Claims Item 3 Accept Resignation/Park Commissioner Member Item 4 Appoint Park Commission Member © Regular Andover City Council Meeting Minutes —September 1, 2009 Page 5 Item 5 Accept DNR FireWise Grant/09 -15 /Andover- Ramsey Pine Tree Management Project Item 6 Rescind Approval of Drainage & Utility Easements /Approve Revised Drainage & Utility Easements /09- 30/15005 & 15019 Eagle Street NW Item 7 Consider Approval Application for Exempt Permit/Minnesota Recreation and Park Foundation Item 8 Declare Fire Department Excess Property Item 9 Building Repair — Parks /Maintenance Garage Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. Councilmember Jacobson asked if staff could send a letter of appreciation to the Park Board Member who was resigning. Mr. Dickinson indicated they would send one. CONSIDER TIME EXTENSION /TIMBER TRAILS 2 ND ADDITION FINAL PLAT © Mr. Neumeister explained the new owner of the project is seeking a time extension to extend the terms of approval of this plat. He stated there is an addition that the City Attorney wants the bank to acknowledge the contract. City Attorney Scott Baumgartner stated there was a question that the bank is taking over and the developer is gone. There is a development agreement that coincides with the plan itself and his concern is either the bank needs to assume that development agreement or they need to enter into a new development agreement with the City. He would like the Council to make this contingent upon one of the scenarios. City Attorney Baumgartner indicated this should be inserted as Item 2. Landmark Community Bank either assuming the development agreement entered into by the original developer or entering into a new development agreement acceptable to the City Attorney. Motion by Knight, Seconded by Jacobson, to approve the proposed time extension for Timber Trails 2 °d Addition based on the additional information provided by the City Attorney in the minutes. Mr. Kevin Johnson, Landmark Bank, asked in regard to the park dedication fee of $15,000 if there was a park on the back of this property. Councilmember Trude stated the developer always pays park dedication even if there is a park next door or not. © Mr. Johnson asked if it was normal to also pay a trail fee even if there is not a trail within the development. Councilmember Trude stated the plat required construction of a trail to the park behind the lots. She stated the discussion previously was to include a trail from the street through a lot that backs up to the park. She stated these fees are for other parks in the City. Mr. Dickinson stated if it is specific to the development and the development only it is the developer's © Regular Andover City Council Meeting Minutes — September 1, 2009 Page 6 responsibility. The regional trail system is the trail fee. If they were constructing a portion of the regional trail system they would credit them on their fee but what is being constructed is not part of the regional trail system. Mr. Johnson thought it seemed kind of redundant that he was going to pay a trail fee and build the trail. He understood the concern but there is no other trail in the area so he must be supporting someone else's trail. Councilmember Jacobson stated Mr. Johnson was not being treated differently than any other developer in the City. Mr. Johnson asked if they needed to renegotiate a development agreement as part of the extension. Councilmember Jacobson stated they just needed to approve the extension. Councilmember Trude stated if Mr. Johnson did not want the City Council to approve the extension he could go through the process again and pay the fees along with the added increase in the dedication fees. Mr. Dickinson explained what fees have gone up since the original approval. He did not think it would be a good idea for the developer to go through the entire process again because of the costs. Mr. Johnson also wondered why he was required to put in concrete curb and gutter when other developments in the area do not have them. Mayor Gamache explained that when the roads are reconstructed in the developments surrounding this one will likely put in concrete curb and gutter unless there are already ditches in the neighborhood. Councilmember Jacobson stated it was up to Mr. Johnson if he wanted to go through the process and put in ditches and do all the reengineering the City did not need to approve the plat extension. Mr. Johnson stated he would like to get an extension and see if reengineering works. He stated he was a little surprised there is not a letter of credit attached to this. Mr. Dickinson stated they accept one at the time a signed development agreement is submitted, plat fees are paid and the final plat is ready for release to be recorded; that has not yet happened. Mr. Dickinson also indicated this was going to be developer installed improvements. Councilmember Knight restated his motion. Motion carried unanimously. (See Resolution R066 -09) DISCUSS /ADOPT 2010 PRELIMINARY TAX LEVY © Mr. Dickinson stated 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 15 Mr. Dickinson reviewed the information with the Council. © Regular Andover City Council Meeting Minutes — September 1, 2009 Page 7 Councilmember Knight wondered in terms of ratio, workers to population where they are at in the metro area. Mr. Dickinson stated if they are not the lowest, they are in the lowest two percent. Councilmember Jacobson thought it was important to know that in the gross levy tax increase at a max of three percent, this includes the open space referendum that has been voter approved. Motion by Jacobson, Seconded by Trude, to approve the attached resolution that indicates a total preliminary levy of $10,911,326 to be submitted to the Anoka County Property Records and Taxation Division by September 15th. Councilmember Trude wanted to commend the staff for all their hard work. She stated they are also losing three excellent workers which was really sad and she wanted to wish them well on their job search and will be supportive as they move forward. She also thought it was sad that they have people working harder and harder and having to take time off without pay. Councilmember Trude stated as she looked at some of the other cities and wondered how they can ® try to come in at a low increase and she found out cities like Anoka still get local government aid and the City of Andover, after 2010, will not expect any State funds at all other than the fiscal disparities. Mr. Dickinson stated they will still receive constitutionally dedicated money, possibly pass through money from the County for specific programs that adhere to State related programs like Score Grant money which is related to recycling and the State Aid Road Program. Councilmember Bukkila stated in terms of the big, overall picture, she wanted to come in at a lower commitment. She really liked the 2.48 percent that Mr. Dickinson had prepared for them. She stated for those people that lost a minimal value they are going to have the increased tax burden over the increased numbers the Council saw. There is a huge shift and a lot of people do not understand the entire program. She stated a lot of people are seeing an incremental tax increase prior to adding the levy. She wanted to make the bigger commitment and indicate she did not want to go to the 3 percent. Mr. Dickinson stated she was right relative to the increased tax burden on homes that lost only minimal value. When they do the calculation they do them on the averages and the average reduction within Andover was 10.8 percent and homes that did not experience that could be impacted more than others. Councilmember Bukkila stated the thing she is looking at is the two income families that are now down to one and work reduction hours they have had at the City are impacting the residents and some of the City's employees are residents of Andover so now they have the reduced work hours and a tax increase of their properties as well. It is the whole picture of trying to do this as low as possible and give the best commitment and put the best foot forward. She thought three percent was ok but ® thought people were looking for that extra effort. Councilmember Knight thought it should be said that the fact they are able to operate as lean as they are tells them about the dedication and attitude of their work staff and that should be acknowledged. Councilmember Trude stated they have taken on more projects which require more staff and time © Regular Andover City Council Meeting Minutes — September 1, 2009 Page 8 and the parks continue to be maintained and she thought the streets will be plowed which is what people expect. Mayor Gamache stated they have a salary freeze across the board along with the work furlough program and layoffs. He stated the three percent they are looking at is a marker and they cannot go higher but can go lower. He felt that when they get to December the three percent will be lower. Motion carried 4 ayes, 1 nay (Bukkila). (See Resolution R067 -09) DISCUSS /APPROVE 2010 DEBT SERVICE LEVY CHANGES Mr. Dickinson stated Anoka County Properly Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2010 that would have been certified to Anoka County as part of prior years bond sales. Mr. Dickinson reviewed the information with the Council. © Motion by Jacobson, Seconded by Knight, to approve the attached resolution that would update certified bonded indebtedness levies for 2010. Motion carried unanimously. (See Resolution R068- 09) SCHEDULE HEARINGDATE FOR 2010 BUDGETDISCUSSIONAND PUBLIC COMMENT Mr. Dickinson stated the Truth in Taxation law, M.S. 275.065, has changed from last year. Cities are now required to hold a regularly scheduled meeting at which the budget and levy will be discussed and the final levy determined. These hearings must be between November 25 and December 25 and be held after 6:00 p.m. and the public must be allowed to speak. Mr. Dickinson reviewed the schedule for discussion and adoption of the 2010 budget and levy with the Council. Motion by Knight, Seconded by Jacobson, to approve December 1, 2009 and December 15, 2009 as the meeting dates. Motion carried unanimously. FOLLOW UP— CONSIDER DECLARING DANGEROUSDOG— AUGUST I S Mr. Dickinson explained at the August 18 Andover City Council Meeting as part of the agenda item "Consider Declaring Dangerous Dog" the motion gave the date of September 1 St for the owner of the dog to construct either a kennel or fence for the dog to be contained within the yard. Councilmember Trude stated they had such a long discussion on it and even after they passed the Regular Andover City Council Meeting Minutes — September 1, 2009 Page 9 motion she indicated to the owner of the dog that she wanted him to review with staff what they wanted to do and unfortunately it was not included in the motion. She felt he had a clear warning if the dog is out of the yard and the neighbor has already seen the dog in the front yard without a leash; this dog will probably not last very long with that kind of attitude in the household. She stated she was fiustrated the owner did not take better direction with all the discussion at the meeting about kenneling and making sure the dog is on the leash and will not be able to jump over the fence. He has technically met the rule they put in the resolution. SCHEDULE SEPTEMBER WORKSHOP The Council is requested to schedule a September Workshop meeting at 6:00 p.m. on September 22, 2009. Motion by Jacobson, Seconded by Trude, to schedule a September Workshop meeting for September 22, 2009 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 development activity. MAYORICOUNCIL INPUT (School Zone and Buses Reminder) — Mayor Gamache stated the Tuesday after Labor Day school starts and he reminded people to keep their eye on the school zones and school buses. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:01 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — September 1, 2009 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — September 1, 2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 4 APPROVAL OF MINUTES ............................................................................ ............................... 4 CONSENTITEMS .......................................................................................... ............................... 4 Approvalof Claims ...................................................................................... ............................... 4 Accept Resignation/Park Commissioner Member ....................................... ............................... 4 Appoint Park Commission Member ............................................................ ............................... 4 Accept DNR FireWise Grant/09 -15 /Andover - Ramsey Pine Tree Management Project............ 5 Rescind Approval of Drainage & Utility Easements /Approve Revised Drainage & Utility Easements /09- 30/15005 & 15019 Eagle Street NW ............................ ............................... 5 Consider Approval Application for Exempt Permit/MN Recreation and Park Foundation ....... 5 Declare Fire Department Excess Property ................................................... ............................... 5 Building Repair — Parks /Maintenance Garage ............................................. ............................... 5 Q CONSIDER TIME EXTENSION /TIMBER TRAILS 2 ND ADDITION FINAL PLAT (See ResolutionR066 -09) ................................................................................... ............................... 5 DISCUSS /ADOPT 2010 PRELIMINARY TAX LEVY (See Resolution R067 -09) .................... 6 DISCUSS /APPROVE 2010 DEBT SERVICE LEVY CHANGES (See Resolution R068- 09) .... 8 SCHEDULE HEARING DATE FOR 2010 BUDGET DISCUSSION AND PUBLIC COMMENT................................................................................................. ............................... 8 FOLLOW UP — CONSIDER DECLARING DANGEROUS DOG — AUGUST 18 DISCUSSION.............................................................................................. ............................... 8 SCHEDULE SEPTEMBER WORKSHOP ..................................................... ............................... 9 ADMINISTRATOR REPORT ........................................................................ ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 School Zone and Buses Reminder ................................................................... ............................... 9 ADJOURNMENT............................................................................................ ............................... 9 10