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HomeMy WebLinkAboutCC - June 21, 2011A C I T Y O F NDOVE © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, June 21, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Special Presentation — CenterPoint Energy Community Partnership Grant Resident Forum Agenda Approval 1. Approval of Minutes (5/2/11 Joint Meeting; 6/7/11 Regular; 6/7/11 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Award Quote /11- 14/Fencing for Tower #1 (Rose Park) —Engineering 4. Commit Specific Revenue Sources in Special Revenue Funds — GASB #54 —Finance 5. Approve Appointment/Community Development Director -Administration © Discussion Items 6. Anoka County Sheriff's Office Monthly Report - Sheriff 7. Consider Changes to City Code to Comply with Variance Legislation by the State of MN - Planning Staff Items 8. Discuss July 5, 2011, City Council Meeting -Administration 9. Reschedule August 2, 2011 City Council Meeting —Administration 10. Administrator's Report —Administration Mayor /Council Input Closed Session —Pitman Appeal Adjournment H REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 21, 2011 MINUTES L�nl The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 21, 2011, 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: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OFALLEGL41VCE SPECIAL PRESENTATION — CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT Mr. Tod Norgren a representative from CenterPoint Energy was present at the meeting to present the City Council and Fire Department (Fire Chief Dan Winkel) with a CenterPoint Energy Community Partnership Grant to be used for the purchase of tools and equipment for the major incident trailer. The grant was in the amount of $1,000. Fire Chief Dan Winkel thanked CenterPoint Energy for the grant. The money will be used for the major incident trailer which will be used by the Fire Department, Police Department and EMS. It will be a county -wide resource if needed. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mr. Dickinson noted there was a supplemental item which should be added as item 5a under the consent agenda. 5a. Award Quote /11- 30/167 Lane NW Turn Around Project Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as amended above. Motion Regular Andover City Council Meeting Minutes — June 21, 2011 Page 2 carried unanimously. APPROVAL OFMINUTES May 2, 2011 Joint Meeting: Correct as amended. Councilmember Trade noted on page 3, line 13 "is" should be changed to "was ". Councilmember Jacobson noted on page 5, line 15 insert the words after "may ask for a reduced franchise fee ". Motion by Trade, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. June 7, 2011 Regular Meeting: Correct as amended. Councilmember Trade requested a correction on page 10, line 22, strike "included in the staff report" and replace with "taken directly from the Statute." On page 12, line 21, strike the word "were, as" corrected to read "the same as in 2010 at $29,400." On page 12, line 22, after the word "individuals" insert "rather than decrease the amounts using the current index. She explained low income seniors relying on social security never have decreases related to deflation, so our index should hold flat in any year the index decreases ". On page 12, line 26, correct the wording of the motion to read "Motion by Trade, seconded by Mayor Gamache, to keep the levels the same as last year and keep them flat in the years of declining index. Motion carried 3 ayes, 2 nays (Bukkila, Jacobson). On Page 13, line 15, correct the word Ash Bore to Ash Borer. On Page 13, line 23, correct the time to 6:00 p.m. On Page 4, line 21, change the word "were" to was not reflected in the minutes. Councilmember Jacobson requested on page 12, lines 26 -27, remove Motion carried unanimously. On Page 12, line 28, add the comment Councilmember Jacobson noted that his no vote was because we used the matrix in the past to determine the amounts and with this vote we are varying from that matrix. Councilmember Trade corrected the word matrix should be "index ". Councilmember Jacobson corrected on page 5, line 43 the word "to" be stricken. © Regular Andover City Council Meeting Minutes —June 21, 2011 Page 3 On Page 1, line 34 -35, referred to "She requested the pumping be postponed until the following week to allow for some of the standing water to soak in." Mr. Berkowitz stated Ms. Kaufenberg was referring to the pumping of the well being postponed. Councilmember Trude referred to page 4, lines 18 -19 add a comma before the word(s) insert and make the "i" lowercase. Councilmember Bukkila referred to page 3, lines 34 -35, correct to read: Councilmember Bukkila stated we should let the public know if one Councilmember is aware of a situation, that does not mean all Councilmembers are aware. They cannot discuss issues or email between them all outside of Council meetings due to open meeting laws. Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. June 7, 2011 Closed Meeting: Approved with a correction. Motion by Jacobson, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. H CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Quote /11- 14/Fencing for Tower 41 (Rose Park) Item 4 Commit Specific Revenue Sources in Special Revenue Funds — GASB #54 (See Resolution R049 -11) Item 5 Approve Appointment/Community Development Director Item 5a Award Quote /11- 30/167 Lane NW Turn Around Project Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA CO UNTY SHERIFF'S OFFICE MONTHL Y REPOR T Commander Kevin Halweg from the Anoka County Sheriffs Office, provided the Council and the citizens of Andover with an update on law enforcement activities within the City. Councilmember Bukkila asked about the curfew issues. Commander Halweg stated Sunday through Thursday there is an earlier curfew. Friday and Saturday night curfews are later and curfews differ depending on the children's age. CONSIDER CIIANGES TO CITY CODE TO COMPLY WITH VARL4NCE LEGISLATION © Regular Andover City Council Meeting Minutes — June 21, 2011 Page 4 BY THE STATE OF MN Mr. Bednarz reviewed this item continues the discussion from the last Council meeting. He provided a draft amendment addressing the changes in the state law regarding variances and changes to comply with statutory language regarding the board of adjustments and appeals. Mr. Bednarz noted the majority of the changes occur in City Code 12 -14 -7, where variances are authorized and the criteria and process for obtaining a variance are identified. Several additional sections of the City Code that make reference to variances are proposed to be amended to change the language that conflicts with the new state law. Mr. Bednarz reviewed City Code 12 -14 -9 is amended to identify the Council as the Board of Adjustments and Appeals and to provide the statutory references that regulate the appeals process. This change will retain the same process that has traditionally been used to review appeals, but will expand the type of appeals that can be heard to comply with statute. Mr. Bednarz reviewed the flow chart of approval processes covering existing and proposed variance review process, proposed board of adjustment and appeals process, and existing board of adjustment and appeals process City Code 12 -14 -9. © Councilmember Jacobson asked why the Planning and Zoning Commission is being cut out of the process. He stated sometimes the Planning and Zoning Commission digs deeper on issues and provides some good recommendations. Councilmember Knight stated they do not have the power the City Council does. Mr. Bednarz stated the Council could still request the Planning and Zoning Commission's review and recommendation. Councilmember Trade stated this is a policy decision. Mr. Baumgartner stated it depends on who the Council designates as the Board of Adjustment and Appeals. Mr. Baumgartner understands this Council prefers to make the ultimate decision. Mayor Gamache stated in the current code the Planning and Zoning Commission is acting as the Board of Adjustments and Appeals. Mr. Bednarz stated if there was a staff decision which a resident wished to appeal, they would go directly to the City Council with their appeal. If a request comes in for a variance it would follow the flow chart of approval processes, going first to the Planning Commission for a public hearing and recommendation, then to the City Council for a final determination. Mr. Baumgartner stated there are two different processes for getting before the City Council. One being the variance review process and the other an appeal of a staff review /decision. Councilmember Jacobson asked if City Attorney Baumgartner is fine with the changes proposed. © Mr. Baumgartner indicated he had submitted a couple of minor changes to Mr. Bednarz this evening and other than that, is fine with the revisions. Councilmember Jacobson asked Councilmember Trade if she was satisfied with the revisions. Councilmember Trade stated she was involved in conversations with Mr. Bednarz and Mr. Baumgartner and is satisfied with the © Regular Andover City Council Meeting Minutes — June 21, 2011 Page 5 revisions. Mr. Bednarz reviewed the revisions submitted by Mr. Baumgartner. Councihnember Jacobson asked if a variance is not granted can the person come back a few years later and request it, Mr. Bednarz indicated they could. It was noted the Planning and Zoning Commission reviewed the proposed changes on May 24, 2011. The Commission recommended approval of the proposed ordinance amendment, including the modifications suggested by the City Attorney. Motion by Jacobson, Seconded by Trude, to approve the ordinance amendment with the City Attorney's revisions and direct staff to look closely for punctuation and conformance with the Statutes and the fee and that the Council approves the ordinance summary for publication. Councilmember Knight asked about the earth shelter. Mr. Baumgartner stated the earth shelter homes are mandated in the State Statute. The language inserted into the City Code comes from the State Statute. Mr. Baumgartner noted when a variance request comes in for the temporary use of a one family dwelling as a two family dwelling it can be approved with conditions. © Motion carried unanimously. (See Ordinance 407) DISCUSS JULY 5, 2011, CITY COUNCIL MEETING Mr. Dickinson reviewed at the June 7ch City Council meeting, some members of the Council questioned whether or not they would be able to attend the July 5, 2011 City Council meeting. Staff has reviewed what the potential agenda items would be for the July 5 City Council meeting, the following are the agenda items that have time sensitive aspects that need a Council decision made to meet with previously advertised project or payment schedules: Approve Plans and Specifications and Authorize Advertisement for Bids for Project # 11 -24 Butternut Street NW /173 Ave. NW /Flintwood Street NW (MN Stat.429) 2. Approve Payment of Claims Mr. Dickinson proposed the meeting should be rescheduled. Motion by Jacobson, Seconded by Bukkila, to reschedule the July 5, 2011 City Council Meeting to July 6, 2011 at 7:00 p.m. Motion carried unanimously. RESCUED ULEAUGUST 2, 2011 COUNCIL MEETING Mr. Dickinson reviewed August 2, 2011 is scheduled to be Night to Unite and also a regularly scheduled Council meeting night. To give the Council the opportunity to attend Night to Unite events scheduled throughout the City, he suggested that the August 2, 2011 Council meeting be rescheduled. Mr. Dickinson suggested some options as Monday, August 1, 2011; Wednesday, © Regular Andover City Council Meeting Minutes —June 21, 2011 Page 6 August 3, 2011; or another date acceptable to the Council. Motion by Jacobson, Seconded by Trude, to reschedule the August 2, 2011 Regular City Council meeting to Thursday, August 4, 2011. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, meeting reminders, CIP projects and development activity. Mr. Dickinson reminded Council about the workshop scheduled for June 28, 2011 at 6:00 p.m. and the concert on June 23` at Andover Station. Mr. Berkowitz reminded Council about the Grand Opening of the Skate Park on Thursday, June 23` at 6:00 p.m. Mr. Berkowitz thanked the Andover Baseball Association for cleaning Sunshine Park after their tournament last weekend. Mr. Dickinson announced the Andover Family Fun Fest is July 8 -9, 2011. MAYORICOUNCIL INPUT (Main Street) — Councilmember Knight asked when Main Street is going to be opened. Mr. Berkowitz stated he does not know the answer. (Ms. Kaufenberg — Drainage Problem) — Councilmember Trude stated Ms. Kaufenberg was at the last meeting regarding the drainage problem in her area. Mr. Berkowitz stated pumping was done for one week. A consulting survey group was met with to obtain a quote for doing the survey of the properties and the high school pond, an estimated price was received. The water is in the drainage and utility easement. There is no structure in danger. Councilmember Trude stated the neighbors are concerned about mosquito control and algae in the standing water. Councilmember Bukkila asked the City Attorney about the City's obligation. Mr. Baumgartner stated the City has the right to utilize the drainage and utility easement. The easement was identified on the original plat. He stated at this point the question is did the City cause the problem. He suggested staff continue with the current plan. Councilmember Jacobson stated the Council had agreed to do the survey and determine if the water is flowing properly. Councilmember Trude stated the water has been standing in the area since April. Mr. Dickinson stated the easement through the yard is a drainage and utility easement and the easements were all identified on the plat. He read the description of a drainage and utility easement. The storage is allowed by Statute and the City has the legal ability to do © Regular Andover City Council Meeting Minutes —June 21, 2011 Page 7 what it has done. Other ponds have been looked at throughout the City and the ponds are high. Mr. Dickinson stated if we needed to do work outside our easement, permission would need to be granted by the Watershed District. Councilmember Jacobson stated the City needs to be careful because there are most likely other areas in Andover with similar situations of standing water. Councilmember Bukkila asked how soon Staff would be able to do a survey and Mr. Berkowitz stated approximately starting in a couple weeks. Councilmember Jacobson suggested the survey be done as soon as possible. Mr. Dickinson indicated the cost of an outside survey would be $2,500 - $3,000. Councilmember Knight asked if the Watershed could be contacted. Mr. Berkowitz stated before contacting the Watershed the survey needs to be completed. Mr. Berkowitz showed the area of the drainage and utility easement on a map. He showed pictures of other areas within the City with standing water. Mr. Berkowitz stated when he first received a complaint about the pumping of water from the well, the pumping was diverted elsewhere. Councilmember Jacobson stated there may be a benefit to having an outside company do the survey. Mayor Gamache stated once the cause of the issue is determined, a decision can be made as to a © longer term solution and how it would be funded. Councilmember Jacobson asked if we can determine the level of the groundwater. Mr. Dickinson stated it is likely high. Mr. Berkowitz stated he contacted Mosquito Control and requested treatment be done. Mr. Berkowitz stated he was not aware there was an algae problem. Staff was directed to proceed with the outside consultant survey. (South Coon Creek Drive) — Councilmember Jacobson requested South Coon Creek Drive be discussed at a work session. Mr. Berkowitz stated it will come to Council by end of summer — early fall. (Town Hall Meeting) - Councilmember Trude stated there was a Town Hall meeting held here last evening hosted by a State Senator and State Representative. She stated attendance was good. Motion by Jacobson, Seconded by Knight, to recess the meeting to a closed session to discuss the Pitman Assessment Appeal. Motion carried unanimously. The regular meeting recessed at 8:35 p.m. to go into a closed session. The regular meeting reconvened at 8:50 p.m. from the closed session. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:00 p.m. ® Respectfully submitted, Debbie Wolfe, Recording Secretary C REGULAR ANDOVER CITY COUNCIL MEETING MINUTES JUNE 21, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 SPECIAL PRESENTATION — CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT....................................................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 3 Item 2 Approve Payment of Claims .......................................................... ............................... j Item 3 Award Quote /11- 14/Fencing for Tower #1 (Rose Park) ............... ............................... 3 Item 4 Commit Specific Revenue Sources in Special Revenue Funds — GASB #54 (See ResolutionR049- 11) ............................................................................ ............................... 3 Item 5 Approve Appointment/Community Development Director .......... ............................... 3 Item 5a Award Quote /I1- 30/167 tt ' Lane NW Turn Around Project ........... ............................... 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 Q CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION BY THE STATE OF MN (See Ordinance 407) .......................................... ............................... 3 DISCUSS JULY 5, 2011, CITY COUNCIL MEETING ................................ ............................... 5 RESCHEDULE AUGUST 2, 2011 COUNCIL MEETING ........................... ............................... 5 ADMINISTRATORREPORT ........................................................................ ............................... 6 MAYOR/COUNCIL INPUT ........................................................................... ............................... 6 (Main Street) ............................................................................................... ............................... 6 (Ms. Kaufenberg — Drainage Problem) ....................................................... ............................... 6 (South Coon Creek Drive) .......................................................................... ............................... 7 (Town Hall Meeting) ................................................................................... ............................... 7 H