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HomeMy WebLinkAboutCC - September 7, 2010 C I T Y o F 0 NDOVE 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 7, 20 I 0 Call to Order - 7:00 p.m. Pledge of Allegiance Proclamation - Constitution Week - September 17-23, 2010 Proclamation - October Domestic Violence Awareness Month Resident Forum Agenda Approval 1. Approval of Minutes (8/17/10 Regular; 8/17/20 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Expiration of Conditional Use PermiWerizon Wireless/Andover Station North - Planning 4. Approve Change Order #2 (Compensating)/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment - Engineering 0 5. Declare Cost/Order Assessment RoIV09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment - Engineering 6. Declare Cost/Order Assessment RolVI 0-2/20 I 0 Street Reconstruction - Engineering 7. Approve Amended Repayment AgreementlFairbanks Properties - - Administration 8. Approve City Code Amendment/Apply City Code 8-4 to Open Space Areas - Planning Discussion Items 9. Public Hearing/Consider Vacation of Easement/Lots I, lA, 2, and 2A Block 2 Woodland Estates 3rd Addition - Planning 10. Consider Conditional Use Permit/7th Day Adventist Church Parking Expansion - Planning 11. Consider Open Space Land Purchase/White Pine Wilderness - Planning 12. Review/Adopt 2011 Preliminary Tax Levy - Administration 13. Review/Adopt 2011 Debt Service Levy Changes - Administration 14. Set Hearing Dates for 2011 Budget Discussion & Public Comment - Administration Staff Items 15. Schedule September EDA Meeting - Administration 16. Schedule October Workshop -Administration 17. Administrator's Report - Administration Mayor/Council Input Closed Session - Public Works Negotiations 0 Adjournment 0 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 7,2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 7, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight and Julie Trude Councilmember absent: None Also present: Director of Public Works/City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE 0 PROCLAMATION - CONSTITUTION WEEK - SEPTEMBER 17-23, 2010 Mayor Gamache read the proclamation proclaiming September 17-23, 2010 Constitution Week. PROCLAMATION - OCTOBER DOMESTIC VIOLENCE AWARENESS MONTH Mayor Gamache ryad the proclamation proclaiming October Domestic Violence Awareness . . Month. - --------- - -- . - ------ RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mr. Dickinson asked to change the Closed Session Title to "Public Works Union Negotiations" C Councilmember Trude asked to move Item 8 to the regular agenda for changes. Move to Item 11 A. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 2 APPRO V AL OF MINUTES August 17,2010, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page 5, line 30, at the end of the line delete the word "after". Councilmember Bukkila stated on page 4, line 22, omit the second "tFy--te". Councilmember Trude stated on page 7, line 37 there was a misspelling. Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. August 17, 2010, Closed Meeting: Correct as amended. Councilmember Jacobson thought the sentences on lines 21 and 24 did not make sense and should be corrected. 0 Mayor Gamache noted these minutes would be corrected and brought back for approval. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Expiration of Conditional Use PermitNerizon Wireless/Andover Station North (See Resolution R067-10) Item 4 Approve Change Order #2 (Compensating)/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment (See Resolution R068-1O) ItemT - -DeClareTos1fOruer-AssessmerilRolli09::Z27BiiriKer I:itke BOlifevaruNW Fr6iifage - ------- Road/Jay Street Alignment (See Resolution R069-1 0) Item 6 Declare Cost/Order Assessment Roll/l 0-2/20 1 0 Street Reconstruction (See Resolution R070-1 0) Item 7 Approve Amended Repayment Agreement/Fairbanks Properties Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/LOTS 1, lA, 2 AND 2A BLOCK 2 WOODLAND ESTATES JRD ADDITION 0 Mr. Bednarz explained the applicant is seeking to vacate a drainage and utility easements along the common property line between the two lots to allow construction of a single family home once the lots have been combined. 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 3 Motion by Jacobson, Seconded by Bukkila, to open the public hearing. Motion carried unanimously. No one wished to address the Council. Motion by Jacobson, Seconded by Trude, to close the public hearing. Motion calTied unanimously. Motion by Knight, Seconded by Bukkila, to approve the Vacation of Easement/Lots 1, lA, 2 and 2A Block 2 Woodland Estates 3rd Addition. Motion carried unanimously. (See Resolution R071- 10) CONSIDER CONDITIONAL USE PERMIT/7TH DAY ADVENTIST CHURCH PARKING EXPANSION Mr. Bednarz explained the church is seeking to expand their parking area onto an adjacent lot to the north that was recently combined with the church property. City Code 12-14-6 requires the 0 existing conditional use permit to be amended to allow the expansion. Mr. Bednarz reviewed the information with the Council. Mayor Gamache asked if the church's plan is to leave existing trees along the parking area that is heavily wooded. Mr. Bednarz stated the parking lot will extend a little to the north on the lot but there will still be 272 feet of the natural area to the property line to the north and 159 feet to the west and it is not their intent to remove any ofthat material. Motion by Jacobson, Seconded by Knight, to approve the Conditional Use Permit for ih Day n_--Adventis1Cliurcn ParKing Expansion witli1lieT6116wing clianges:----- - --------- , "--.-------- Remove in the Resolution Item IE because it is duplicate to Item 3 and renumber and add a new Item indicating the existing well needs to be capped and the need to get approval for a new well from the MN Health Department. Councilmember Trude stated she had a question about the screening of the parking lot and she did not recall seeing there was a height at the CUP level and wondered if they could allow the group to have minimal screening to save some money and improve snow removal and storage. They did not have any neighbors close by and the lot is heavily wooded. Councilmember Jacobson stated the area around the parking section will not be wooded. 0 Councilmember Trude thought three feet was extreme. Mr. Bednarz stated they are not proposing to plant any shrubs. He reviewed the landscaping the church planned on doing to screen the lot. Councilmember Trude stated she would like to minimize the screening if possible. 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 4 Councilmember Jacobson thought they could remove the wording "to a minimum height of three feet". Councilmember Trude agreed. The amendment will be made to the approval resolution. The Council discussed with staff the landscaping design. Motion carried unanimously. (See Resolution ROn-lO) CONSIDER OPEN SPACE LAND PURCHASEIWHITE PINES WILDERNESS Mr. Bednarz explained the Council is asked to discuss the land purchase recommended by the Open Space Advisory Commission. Mayor Gamache thought this was a good example of another aspect of open space the City has been trying to obtain. Councilmember Trude thought as the Open Space Commission evaluated the other parcels that they had willing sellers on, this one jumped to the top of the list because they did have a seller 0 willing to sell at a reduced price from what he had planned it would sell at. She stated they are going to be losing buildable lots and she saw this as the place that young families can bring children to appreciate the outdoors and it will not be a difficult or dangerous place to access. She could also see the science classes take advantage of this along with the scouts and families. Motion by Trude, Seconded by Jacobson, to approve the Open Space Land Purchase of White Pines Wilderness. Motion carried unanimously. APPROVE CITY CODE AMENDMENT/APPLY CITY CODE 8-4 TO OPEN SPACE AREAS . _. - _n_____________.._ ._. __ _____________ Mr. Bednarz explained the Council most recently discussed this item at the August 24th Worksession and directed staff to make minor adjustments and bring this item forward on the consent agenda. Councilmember Tmde stated on the rewrite from their Workshop discussion she wanted to change a couple of items. The first one was on page 4, Item 8, under 0, they were going to delete the skateboardinglrollerblading and it came back with skateboarding/rollerblading in Sunshine Park shall be permitted only on asphalt paved trails and she thought this needed to be stricken because they will most likely have a skate park there in the future and will have to go back and amend the code to allow it. She wanted to remove the section because it is hard to regulate. 0 Councilmember Bukkila thought the only problem they would have with that is they have not approved a skate park yet. Mayor Gamache asked where else they would skateboard except on the trails. Councilmember Trude stated they do not have any regulations like this in any other park. 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 5 Councilmember Trude stated on page 3, under pets and animals under number one she would like it to read "leashed animals: all domestic animals, such as dogs, cats, similar animals must be kept leashed, unless otherwise designated" (keep the footnote). She would like the "unless otherwise designated" to be added in case they do approve a pet park in the City. Motion by Trude, seconded by Gamache, to amend the Ordinance with the two changes discussed along with adopting the summary ordinance. . Councilmember Jacobson asked if Councilmember Trude would be willing to split the motion because he could vote for one but not the other. Mayor Gamache stated he did not understand the rollerblading part in the ordinance because he thought it was allowed everywhere else except in Sunshine Park. Mr. Dickinson stated this keeps them out of the parking lot, pavilion areas, and basketball court. Councilmember Trude asked ifthere have been problems with this before. She would like to remove this now in order to save money in the future if a skate park is approved there by not having to change the ordinance then. 0 Mayor Gamache stated he would like to be consistent at all the parks throughout the City. Councilmember Bukkila thought they could eliminate this all together because she thought damage is covered in other sections of the ordinance. Motion failed 2 ayes (Trude, Gamache), 3 nays (Bukkila, Jacobson, Knight) Motion by Jacobson, seconded by Bukkila, to adopt the ordinance as presented by staff. Councilmember Trude stated by doing this they will need to come back to amend this ordinance ifthey get a dog park and the ordinance regarding skateboarding in Sunshine Park will need to be enforced:.. CIty A1:torney Biiumgartnerstafed. thisUifeiri\vollldoeaiscretionaiyin. eriforcingand--n would not need to automatically issue citations. Councilmember Bukkila asked staff if they have had any problems with this recently. Mr. Dickinson stated they have not. Councilmember Trude stated she has a hard time with this item because they are prohibiting a normal recreation activity of children. Councilmember's Bukkila and Knight stated they would be fine with deleting this all together. Motion by Trude, seconded by Knight, to amend the motion striking Letter 0 of the ordinance regarding skateboarding/rollerblading in Sunshine Park. Motion can-ied 4 ayes, I nay (Jacobson) C (See Ordinance 399) Motion approved unanimously on the previous motion. , 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 6 REVIEW/ADOPT 2011 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 15th. Councilmember Bukkila thought this showed very clear fiscal responsibility and she thought they have done everything they can to be prepared for emergencies, reexamine where the priorities are at, what is working and what is not, what it is they want to accomplish in the future and recovering from an almost 2.5% levy increase last year to coming to a zero percent. Any growth they have coming in is unexpected and could provide funds to do things in the future. She thought they have done a really great job recovering and thanks to the finance stafffor being so diligent. Councilmember Trude agreed. Councilmember Knight asked Mr. Dickinson to expand on their status with the Sheriffs Department. Mr. Dickinson reviewed the current contract with the Council and residents. Councilmember Jacobson noted that even with a zero percent increase some people may pay 0 more than last year and some will pay less. Mr. Dickinson reviewed the taxable market value calculation with the Council. Motion by Knight, Seconded by Bukkila, to adopt the 2011 Preliminary Tax Levy. Motion carried unanimously. (See Resolution R073-10) REVIEW/ADOPT 2011 DEBT SERVICE LEVY CHANGES Mr. Di~kinsol1_statedi\noka CountyProperty Records and Taxation Division requires a City Council resolution changlrigoondea indebtedness levies for 201lthat wbliId RaVe beenceftifieQ . to Anoka County as part of prior years bond sales. Motion by Jacobson, Seconded by Knight, to Adopt the 2011 Debt Service Levy Changes as presented. Motion carried unanimously. (See Resolution R074-10) SET HEARING DATES FOR 2011 BUDGET DISCUSSION & PUBLIC COMMENT Mr. Dickinson explained the Truth in Taxation law, M.S. 275.065 was changed in 2010. 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 hearing must be between November 25th and 0 December 27th and be held after 6:00 p.m. and the public must be allowed to speak. Motion by Trude, Seconded by Jacobson, to approve the 2011 Budget and Levy Hearing Schedule of Tuesday, December 7, 2010 at 7:00 p.m., continuation hearing date of Tuesday, December 21,2010 at 7:00 p.m. and official adoption date of Tuesday, December 21,2010 at 0 Regular Andover City Council Meeting Minutes-September 7, 2010 Page 7 7:00 p.m. Motion carried unanimously. SCHEDULE SEPTEMBER EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the September 21, 2010 City Council meeting. Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting at 6:00 p.m. before the September 21,2010 Council meeting. Motion carried unanimously. SCHEDULE OCTOBER WORI(SHOP The Council is requested to schedule a Council Workshop for the month of October for a number of miscellaneous business items. Motion by Trude, Seconded by Bukkila, to schedule a Council Workshop for October 26, 2010 0 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. MAYOR/COUNCIL INPUT (North Metro Mayors Association Legislative Forum) - Mayor Gamache stated he will be hosting the North Metro Mayors Association Legislative Forum for District 49. It will be on Monday, September 20 at Coon Rapids City Hall beginning at 7:00 p.m. with the House Candidates followed by the Senate Candidates. (Lobbying Efforts of North Metro Mayor Association) - Mayor Gamache stated there were some articles written about the Freedom Foundation that came up with a list oflobbying efforts to the Federal Government and on that list they listed the North Metro Mayors Association to have spent $300,000 for lobbying. They do not spend money to lobby the Federal Government. He stated they are in contact with them to find out what is going on. 0 The Council recessed at 8:20 p.m. to go into a closed session to discuss 2010 Public Works Negotiations. The Council reconvened at 8:45 p.m. to adjourn. 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 8 Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:46 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 0 Regular Andover City Council Meeting Minutes - September 7, 2010 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 7, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 PROCLAMATION - CONSTITUTION WEEK - SEPTEMBER 17-23, 2010 ........................... 1 PROCLAMATION - OCTOBER DOMESTIC VIOLENCE AWARENESS MONTH .............. I RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES...........................................................................................................2 CONSENT ITEMS .........................................................................................................................2 Approval of Claims..................................................................................................................... 2 Approve Expiration of Conditional Use PermitlVerizon Wireless/Andover Station North (See Resolution R067 -10) ................. ...... ...... ............................................................................... 2 Approve Change Order #2 (Compensating)/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment (See Resolution R068-1 0) ........................................................ 2 Declare Cost/Order Assessment R011/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment (See Resolution R069-10)........................................................................ 2 0 Declare Cost/Order Assessment RoIU10-2/201O Street Reconstmction (See Resolution R070- 10) ......................................................................................................................................2 Approve Amended Repayment AgreementlFairbanks Properties.............................................. 2 PUBLIC HEARING/CONSIDER VACATION OF EASEMENT/LOTS 1, lA, 2 AND 2A BLOCK 2 WOODLAND ESTATES 3RD ADDITION (See Resolution R071-10)................... 2 CONSIDER CONDITIONAL USE PERMITi7TH DAY ADVENTIST CHURCH PARKING EXPANSION (See Resolution ROn-l0)................................................................................... 3 CONSIDER OPEN SPACE LAND PURCHASE/WHITE PINES WILDERNESS ..................... 4 APPROVE CITY CODE AMENDMENT/APPLY CITY CODE 8-4 TO OPEN SPACE AREA (See Ordinance 399) .......................... ......... ...... ..................................................................... ..... 4 n REVIEW/ADUPT2011 PRELIMINARY TAX LEVY (SeeRes(jlutiOhR073~1 0)....................:.6u REVIEW/ADOPT 2011 DEBT SERVICE LEVY CHANGES (See Resolution R074-10) ..........6 SET HEARING DATES FOR 2011 BUDGET DISCUSSION & PUBLIC COMMENT ............6 SCHEDULE SEPTEMBER EDA MEETING ....................!.......................................................... 7 SCHEDULE OCTOBER WORKSHOP.........................................................................................7 ADMINISTRATOR REPORT .......................................................................................................7 MAYOR/COUNCIL INPUT ..........................................................................................................7 North Metro Mayors Association Legislative Forum................................................................. 7 Lobbying Efforts of North Metro Mayor Association................................................................ 7 ADJOURNMENT........................................................................................................................... 8 0