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WK - October 27, 2009
A C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 s (763) 755 -5100 FAX (763) 755 -8923 e WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL WORKSHOP —OCTOBER 27, 2009 MINUTES The Regular Monthly Workshop of the Andover City Council was called to order by Mayor Mike Gamache, October 27, 2009, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trude Councilmember absent: Don Jacobson Also present: Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others SINGLE FAMILY RESIDENTL4L MARKET VALUE PRESERVATION PROGRAM PROGRESS REPORT Mr. Neumeister updated the Council on the progress of the Single Family Residential Market Value Preservation Program. Mr. Neumeister indicated they are going to recheck the County records along with utility records for name correspondence. They will also check Craigslist to see who needs to come in to apply for a rental license. Councilmember Bukkila thought this was a good next step. She indicated she has given Ms. Perera addresses over the months of Craigslist rentals. Mr. Neumeister stated they are also taking down addresses from rental signs in yards. Councilmember Knight asked if there are a lot of rentals available on Craigslist. Councilmember Bukkila indicated there are and she checks it regularly. Mayor Gamache thought the three tasks listed are good ideas. Mr. Neumeister stated they will be double checking the foreclosed list to see if any have turned rental. Councilmember Trude stated she would prefer to focus on task three. DISCUSS SHED SETBACKS AND EASEMENT ENCROACHMENTS Mr. Neumeister stated based on direction provided at the October 20 Council meeting, staff would like to review the accessory building section of City Code with Council to determine if © Andover City Council Workshop Meeting Minutes — October 27, 2009 Page 2 language needs to be updated or changed to deal with various types of sheds located in drainage easements. He noted he would like the Council to discuss this based on some input if there were other options besides a variance process. He reviewed the four potential changes to code with the Council. Councilmember Knight asked if Mr. Neumeister discussed with the residents the variance process. Mr. Neumeister stated he has discussed this with them before the meeting. He thought the sheds were placed where they were because of the trees in the yard. Councilmember Knight stated they have so many of these sheds in the marketplace that people purchase them not thinking these would be part of the restrictions. Bukkila thought in terms of hiding what you own in one packaged shed it is actually a better way to go than having it strewn across the yard. Mr. Berkowitz stated a concern the Public Works Department has is the drainage, which is © supposed to be contained within the easement. Mr. Dickinson explained the easement and setback requirements with the Council. An encroachment easement process does not go to a public hearing, but a variance and vacation does. Mr. Berkowitz explained what types of articles would be allowed in an easement. Mr. Neumeister stated if the Council were to change this the engineer would need to go around and look at each one individually. The Council discussed with staff the impact accessory structures have on easements, especially when there is a pond or wetland in the area. Councilmember Knight thought the simplest way might be to use a easement agreement on something like this. Mrs. Kamowski stated as far as the issue of trimming weeds they have it mulched and nicely landscaped so there is nothing to take care of behind this. She stated she has toys everywhere in the yard and got the shed to store the toys in there because she runs a daycare. As a part of daycare rule you have to have the kids within site and hearing. She stated if they were to move the sheds they would have to take down the mature trees and move them. Mr. Karnowski showed photos of their yard to the Council. Councilmember Knight asked if this situation justified a variance. He thought her occupation © Andover City Council Workshop Meeting Minutes — October 27, 2009 Page 3 justified a hardship in order to obtain a variance. Mayor Gamache asked if the shed is on the side with the privacy fence. Mr. Karnowski indicated it is. He stated the water drains into the middle of the yard instead of towards the back where the easement is located at. Mr. Berkowitz stated they do not promote side or backyard easements for private utilities. It is normally for drainage only. Councilmember Knight stated if they considered a variance appeal or agreement would they be able to resolve it in either case. Councilmember Trude was not sure since they would not be able to get approval from the neighbor because the neighbor is the one who complained. Mr. Berkowitz stated they would need to make sure that there was adequate drainage along with checking to see if private utilities are in there or not. Mayor Gamache did not think this would cause a drainage issue because he thought the water will still flow under them because most are built now to sit up above the ground. He stated he would rather have these things worked out in the neighborhoods than to have to come to the City. Bukkila asked how they can separate sheds from accessory structures. Mr. Neumeister stated they would need to sit down with the City Attorney for wording. Mayor Gamache stated he is comfortable with the wording Blaine is using. Councilmember Trude thought the City Attorney should give them some advice on this. She thought they should change item two to have the resident remove the shed if there is a complaint and if engineering determines there is a problem with the drainage easement. Councilmember Bukkila indicated she would not be ok with this. The Council discussed with staff the option of changing the code and came to the conclusion that at this time they did not want to do this because it would open up issues with many other residences. It was indicated to have this item brought back to November workshop with more research. DISCUSS DEVELOPMENT & R OAD WA Y RECONSTR UCTIONA T BUNKER LAKE BOULEVARD NW & 7' NW Mr. Berkowitz stated the County received Federal Funding to reconstruct Bunker Lake Boulevard NW and 7 th Avenue NW. Mrs. Rosella Sonsteby and Slim Sonsteby were at the meeting. © Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 4 Mr. Berkowitz reviewed the plans with the Council and residents. He stated they want to meet with the property owners before the construction begins. Councilmember Trude thought they needed to push for as many accesses as they can get because the County will cut it in half. Mr. Neumeister stated they have a requirement to adhere to the high density that is on the map so if it is moved off this area they have to find another area in the City to move it. Mr. Sonsteby stated his only concern is making sure he did not lose his access. REVIEW HUNTING REGULATIONS Mr. Neumeister stated staff would like to review the hunting area map and City Code with Council to determine if language on the map or code needs to be updated or changed. Councilmember Knight stated he has some problems with shooting slugs without proper © distance, even on forty acres. It was noted that there is nothing in the ordinance that references goose and waterfowl season. Councilmember Knight stated he did not know how they could regulate this because with bow hunting a deer will not drop immediately and may run into neighborhoods, which will be pursued by the hunter, and there may be people who do not like seeing this or want hunters on their property. Councilmember Knight wondered if they will allow hunting on the open space they will be acquiring in the future. Councilmember Trude did not think they would want to allow this. DISCUSS SEWER AVAILABLITY CHARGES Mr. Dickinson reviewed the sewer availability charges with the Council. Councilmember Trude stated they are open to do this the way staff recommended. The Council agreed. ® SPEC1AL REVENUE, CAPITAL PROJECTS, DEBT SERVICE, INTERNAL SERVICE, AND ENTERPRISE FUNDS — 2010 PROPOSED BUDGET PRESENTATION Mr. Dickinson stated the Council has had a number of reviews of the 2010 proposed General Fund Budget that will be supported by the 2010 Tax Levy. Gambling funds are projected to keep © Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 5 reducing. An establishment in the City has agreed to look at having gambling brought back. Public safety and law enforcement services, youth services and some social services will still receive funding but the restrictions are there and need to be adhered to. Councilmember Trude stated she had a question about the Community Center budget sheet regarding volunteers and if they do not get them would it come out of these funds. She wondered what they are trying to do with the revenue. Mr. Dickinson stated they are trying to be self - sustaining with the revenue, covering the expenses of the Community Center. Councilmember Knight stated they may have to consider adding staff at the Community Center for liability reasons. Councilmember Trude thought this was something they had to plan for. Councilmember Knight stated they do not want to end up in a situation they could have avoided with correct supervision. Mayor Gamache stated he would be willing to consider appropriate staffing during problem times. © 2010 GENERAL FUND BUDGET DEVELOPMENT PROGRESS REPORT & 2010 TAX LEVYDISCUSSION Mr. Dickinson stated City Departments deadline for submitting 2010 Budget materials was July 2 " Since that date Finance has compiled the proposed 2010 expenditure budgets, prepared 2010 revenue estimates, prepared 2010 levy calculations and continues to analyze the 2009 revenue and expenditure estimates. In addition the Council has had a number of reviews at monthly workshops of the 2010 Proposed General Fund Budget that will be supported by the 2010 Tax Levy. Councilmember Trude stated if they do not issue bonds this year can they still do this. Mr. Dickinson stated they could and would depend on how they structure the debt repayment. Councilmember Trude thought they should do this. Councilmember Knight stated he would advocate the 2.48% or 2.5% because they will be below the 3 %. Mr. Dickinson stated he needed to know where the Council is in regard to this. The Council indicated they wanted to be at 2.48 %. Mr. Dickinson explained when he talked to Councilmember Jacobson, he indicated to keep it at 3% until the last possible minute to see how the commercial valuation appeals go. He also stated in regard to the furlough he would want to wait until 2010 to make the decision to remove it. © Andover City Council Workshop Meeting Minutes —October 27, 2009 Page 6 Consensus of the Council was to look at placing the tax levy at 2.48% and to consider the add backs. Councilmember Trude stated they needed to find out the results of the Union negotiations before a final decision is made. Mr. Dickinson updated the Council on Youth First. He stated they are struggling significantly financially and will have to limit their staffing to the City. Donations are minimal. Councilmember Trude asked if they were adequately funding for the services they are getting. Mr. Dickinson stated they are doing their part but other cities and the County need to step up and do their part. Mayor Gamache asked what the general fund contingency was for. Mr. Dickinson stated that was up to the Council. OTHER DISCUSSION There was none. The Council recessed to the closed session at 9:05 p.m. to discuss land negotiations and Union negotiations. The Council reconvened at 9:28 p.m. Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:29 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary