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HomeMy WebLinkAboutCC - August 16, 2011X 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 0 (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, August 16, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/19/11 Regular; 7/26/11 Workshop; 8/4/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs /11- 16/Rosella Sonsteby Property /SS & WM Extension - Engineering 4. Approve- Agent/Broker of Record City's Employee Benefits Program — Administration 5. Approve Resolution to Tax Increment Financing Districts 1 -1 and 1 -2 - Administration © 6. Consider On -Sale Intoxicating Liquor & Sunday Licenses/Pappy's Caf6 — Administration 7. Approve Application for Exempt Permit/Andover Lions Club — Administration Discussion Items 8. Anoka County Sheriff's Office Monthly Report— Sheriff 9. Update Woodland Estates Drainage Concerns /11- 32/2244 -149' Avenue NW —Engineering Staff Items 10. Reschedule Joint Meeting with the City of Anoka - Administration 11. Schedule September Council Workshop — Administration 12. Schedule EDA Meeting - Administration 13. Administrator'sRepoit— Administration Mayor /Council Input Adjournment J r REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 16, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 16, 2011, 7:10 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson PLEDGE OFALLEG1ANCE 0 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES July 19, 2011, Regular Meeting. Correct as amended. Councilmember Trude noted the following changes: Page 4 — Line 16, strike the word "without" and insert "with." Page 6 — Line 35, the sentence should read, "Mr. Carlberg stated it is, but that is allowed in this zoning district. Mr. Carlberg stated the proposed height is 2 feet, 8 inches higher than what the ordinance allows and would require a variance." Page 8 — Line 26, strike the word "be." © Regular Andover City Council Meeting Minutes — August 16, 2011 Page 2 Page 8 — Line 27, after the word "utility" add the word "easement." Page 8 — Line 27, strike the words "in exchange." Page 8 — Line 28, strike the words "for a vacation of easement." Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve the minutes as indicated above. Motion carried unanimously. July 26, 2011, Workshop Meeting: Correct as amended Councilmember Bukkila requested a correction on page 7 — line 15, strike the word "allotting" and insert "it was in appropriate to allot." Motion by Councilmember Jacobson, Seconded by Councilmember Bukkila, to approve the minutes as indicated above. Motion carried 4 ayes, 0 nays, 1 present ( Trude). August 4, 2011, Regular Meeting: Correct as presented. Motion by Councilmember Trade, Seconded by Councilmember Jacobson, to approve the minutes as presented. Motion carried 4 ayes, 0 nays, 1 present (Gamache). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Feasibility Report / Waive Public Hearing / Order Plans & Specs / 11 -16 / Rosella Sonsteby Property / SS & WM Extension ( See Resolution R062 -11) Item 4 Approve Agent / Broker of Record City's Employee Benefits Program Item 5 Approve Resolution to Tax Increment Financing Districts 1 -1 and 1 -2 (See Resolution R063 -11) Item 6 Consider On -Sale Intoxicating Liquor & Sunday Licenses / Pappy's Cafe Item 7 Approve Application for Exempt Permit / Andover Lions Club Motion by Councilmember Jacobson, Seconded by Councilmember Trade, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT a Commander Kevin Halweg, Anoka County Sheriff's Office, provided an update on law enforcement activities for July 2011. He reported there were ten DWI arrests and nine domestic assault arrests. On July 3 there was a house fire in the 1400 block of 155 Lane. On July 11 there was a possession of controlled substance (Methamphetamine) arrest in the 13600 block of Round Lake Boulevard. On © Regular Andover City Council Meeting Minutes — August 16, 2011 Page 3 July 14 there was a possession of stolen vehicle and DWI arrest in the 16800 block of Tulip Street. On July 23 there was a domestic in progress arrest in the 2400 block of 154 Avenue NW. On July 24 there was a suspicious vehicle in the 3100 block of 174 Avenue NW and three males were arrested. Councilmember Jacobson stated at a work session, a proposal from the Sheriffs office to realign the budget was presented. He asked what is the status of the proposal. City Administrator Dickinson responded he will be talking to the Sheriff s office again tomorrow, but significant progress was being made. UPDATE WOODLAND ESTATES DRAINAGE CONCERNS /11- 32/2244 — 149 NW Director of Public Works /City Engineer Berkowitz presented an update on the Woodland Estates drainage issue. Mr. Berkowitz stated at the July 15 meeting, the City Council directed staff to meet with the Anoka- Hennepin School District to see if the re- diverting of a pipe option would be acceptable to the school and also directed the staff to hold a neighborhood meeting to discuss options for possible improvements. He stated on July 16, the staff met with the Anoka- Hennepin School District and they were receptive to provide an easement and allow the re- diversion of the pipe that is currently directed into the center of the yards along 149 Avenue. Anoka- Hennepin School District stated they wanted to be a part of the solution and work with the residents who abut the school property. Mr. Berkowitz stated three options were presented to the residents: 1. Do nothing. Wait and see if the area goes back to a normal position and dries out over time. 2. Grade the yards to allow for a more positive drainage. With a re -grade at times there would be standing water and saturation. Staff does not recommend this option. 3. Re -divert the existing pipe that flows to the north and re -divert this pipe to the south to the existing pond at Andover High School. If this option is selected, an easement over the pond area from the Anoka Hennepin School District will be needed. The City would be required to take over the long term maintenance of the storm water pond because it will be a part of the City's system. The City would look at the overflow of the pond, so it does not adversely affect the property or the large wetland to the west. This would be part of the design review. Director of Public Works /City Engineer Berkowitz stated at the meeting with the residents, the residents stated it would be reasonable for the City to contribute half of the improvement cost. He stated the estimated cost for this improvement is $16,250. The cost is based on up front funding and no assessment process. If the improvement goes through the 429 process, additional steps will need. to be taken which include preparing a feasibility report and bringing it to the City Council for approval. If all the residents are receptive to the feasibility report findings, the residents can waive the public hearing. By assessing, there are additional steps to go through which will add time in O getting the improvement completed. He commented the improvement can be done this year, but the City would have to expedite the steps to get the construction done within the remaining portion of the season. Mr. Berkowitz stated City staff is recommending this improvement be funded by the residents who will benefit from the improvement and this recommendation was provided to the © Regular Andover City Council Meeting Minutes — August 16, 2011 Page 4 residents at the July 19` meeting. City Administrator Dickinson stated at the July 19` meeting the staff recommendation was for the residents impacted by the current drainage utility easement should pay for the improvement. A significant portion of vacation of the drainage and utility easements could take place. The side yard easements would still remain. A significant portion of the backyards would be allowed to be given back to the residents. Mr. Dickinson stated the City Administration still stands behind its recommendation from the meeting on July 19''. Councilmember Jacobson asked what is the status of the area as of yesterday. City Administrator Dickinson responded he was out there more than a week ago and there was water down in the depression area. He stated Mr. Pietsch could probably better answer the question. Director of Public Works /City Engineer Berkowitz responded he checked the ponds about a week ago and the second pond was discharging about an inch into the pipe which means the ground water is high and continues to discharge. Gordon Pietsch, 2228 149 th Avenue NW, stated the water continues to be there and every time it rains the water continues to rise, the level does fall a couple inches. The water is flowing tonight © with the current rain fall and it is flowing over the green grass. Councilmember Knight asked what the conditions are in other areas of Andover and what staff is hearing from other residents. City Administrator Dickinson responded there are many areas in the community that have issues with storm water. He stated consistently the City receives several calls per week on standing water where there has never been standing water before. In the northern part of the community, the farm fields are completely flooded with water. Also, there are houses with water too close that had to be pumped. There are much more severe situations in other locations within the community than the 149` Avenue concerns. Councilmember Knight asked if the water problem corresponds with a one hundred or two hundred year cycle. Director of Public Works /City Engineer Berkowitz responded in some cases some of the basins have exceeded the one hundred year flood. He stated staff have been visiting with the watershed on a weekly basis and have identified those cases. Although, in some cases the water is a foot and a half away from the low floor elevation of those structures. Also, there is a driveway that is two and a half feet underwater and the resident is looking for assistance. The structure is not in immediate danger from the water, so the City has not provided assistance. There is a contingency plan if the water gets closer to the structure and pumping is needed. An issue the City has to look at when pumping occurs is what is impacted downstream. There are currently over 25 locations within the City with major water concerns and most of these cases are within drainage and utility easements. Mayor Gamache stated what the Council would like to hear is if the five impacted property owners have come to an agreement on what you would like to see done and how you envision us moving forward. Cathy Reither, 2274 149'' Avenue NW, stated most of this week their yard was dry, but the pond at © Regular Andover City Council Meeting Minutes —August 16, 2011 Page 5 the high school was full and as the pond water level dropped, the water in the yards rose. Her concern that the water table at the high school is high and if the water is drained into the pond the neighbors will still have water in their yards. Also, the residents want an exact dollar amount for the improvement cost and not an open bid. Councilmember Trude asked if the residents' yards are drained into the pond, will the yards still have water in the yards because the groundwater is high. Director of Public Works /City Engineer Berkowitz responded a survey needs to be conducted on the elevations of the pond and the water held in the yards at different times, so a comparison can be done. He stated sometimes with grade changes, it looks like it would have an effect on the water level, but actually it does not. Mayor Gamache stated the residents have requested the City contribute fifty percent or $8,000 of the improvement project cost which is estimated to be $16,250. The City has conducted a survey which cost the City just shy of $3,000. If the City moves the pipe onto the school property; the City would become responsible for maintenance to the pond. Director of Public Works /City Engineer Berkowitz responded the City would take an easement over the pond and take the long -term maintenance over for the pond. Mayor Gamache commented the City will have long -term costs coming if the improvement goes in. © Councilmember Trude stated she heard the neighbors had a discussion after the 50% was proposed. Randy Grachek, 2288 149 Avenue NW, stated the residents had a discussion about the solution to the water problem. He commented that comparing their yards to a driveway that was built in a wetland is not a fair comparison. He stated we have a drainage easement, it is not a wetland. Also, there is no tax deduction for the easement. He believes the City should have run the pipe two hundred feet longer, so it could drain the water into Coon Creek. He would like the City to remove the drainage utility easement. He commented the City could use the funds from the Storm Water Utility Fund to correct this issue. If the City cannot contribute 50 %, he asked the City to contribute one -sixth of the cost. Mayor Gamache asked if the residents have reached a consensus on the City contributing 50% or one -sixth of the improvement cost. Mr. Grachek responded there are three options for the City to contribute 50% or one -sixth or even 100 %. Councilmember Knight asked how the improvement cost would be divided among the residents. Mr. Grachek responded the five residents would divide the cost equally. Mayor Gamache asked if the Storm Water Utility Fund that is collected from residents is used to correct issues. Director of Public Works /City Engineer Berkowitz responded when the development was planned, it had met the criteria of a drainage system of the time. He stated keep in mind, the school property was not developed and the developer had to keep his design within the plat. Mr. Berkowitz stated the Storm Water Utility Fund pays for all of the maintenance of the storm sewer system throughout the city. The City pays for catch basin maintenance and emergency repairs when there are failures. This year, five major culverts have been replaced. The fund is used for failures © Regular Andover City Council Meeting Minutes —August 16, 2011 Page 6 within residential areas and street sweeping. Mr. Berkowitz stated the fund money is used up every year. Councilmember Trude asked for last year's balance of the Storm Water Utility Fund. City Administrator Dickinson responded at the end of last year there was $140,000 balance. The City's annual expenditures are $350,000 - $400,000. When we end the year we try to have 50% to carry into the next year so projects keep moving and we are currently under the 50 %. Councilmember Trude commented the City is proposing to raise the fee of the Storm Water Utility Fund. City Administrator Dickinson responded yes. He commented the City has already contributed more than one -sixth to the project. The project could not be done and could not get a permit through the Coon Creek Watershed District without the survey and its related items, and with the additional staff time and pumping there has been a significant amount of money allocated to this project area already. Mr. Dickinson is staying with his recommendation that was made to the Council on July 19 91 . Councilmember Trude asked what is the current balance of the Storm Water Utility Fund. City Administrator Dickinson responded the current balance to date is $120,000 - $130,000. © Councilmember Trude commented it was a city well that pumped two million gallons of water into the system. She asked if the pumping had not occurred, would these residents have the same flooding issue. Also, the City does not know if the pumping into the ponding system will happen again. Councilmember Bukkila stated everyone in the City has a ten foot easement on the perimeter of their property. Some of the residents have lived in the area for five to ten years and not experienced the water infiltrate the area. She stated the easement is for the City's use and as long as the City needs to drain in the area, the City will not give the easement to the residents. She stated the properties are facing a worst case scenario with water from the rain and snow melt and now the residents have an issue with standing water in their yards. In order to change the water flow, the property owners need a land improvement with installing a drainage pipe. She stated she has received calls from other residents in the City that have told her that this is not the only area that is affected by flooding in the City. She commented residents can call the Public Works department to seek advice from the City Engineer. There are other residents that are impacted by the flooding and some have even more flooding than this specific area. Councilmember Bukkila is not interested in having the City participate in contributing to the improvement cost. Councilmember Knight stated the Council should consider option one to do nothing and wait and see. He believes the flooding is a City wide problem. He stated he lives on the west side of the City and there is water everywhere. If the City sets a precedence of pumping one area, it will have to © consider pumping other areas and where will all the water go. Councilmember Jacobson stated this year is unusual for rain and was an unusual winter with a lot of snow. The City has set a precedent on pumping to protect houses and structures on a limited basis in © Regular Andover City Council Meeting Minutes — August 16, 2011 Page 7 the past. The City did pump this specific area and the City did spend $3,000 on a land survey of the area. Motion by Jacobson, Seconded by Bukkila, for the Council to wait until next spring to assess the situation to see if 2011 was an aberration from normal and act if need be in 2012. Councilmember Trude stated if the Council votes tonight it will take away the neighbors' right to decide for themselves. She stated only three home owners are here tonight and she did not know if they were in agreement. Councilmember Jacobson stated he does not want to set a precedent. This is not an emergency situation and he had read at least one property owner wanted to wait and see. This is also the most cost effective option. The flooding is not impacting the house structures. Mayor Gamache asked if the City decides to not participate with the improvement cost, would the residents pay for it all or would everyone wait to see what happens next spring. Randy Grachek stated there are things that have happened that were out ofthe residents' control, like © all of the dirt that was moved for the grading of the high school and the pumping of the two to four million gallons of water out of the water tower. The problem with the wait and see option, the property owners that want to sell will have to disclose the flooding. Before the Council decides to not do anything, the residents want to discuss paying all of the $16,250 of the improvement cost and have the properties released from the easement. Mayor Gamache stated by removing the easement the residents would have the opportunity to bring fill into the area. Councilmember Jacobson asked by delaying action for two weeks, how is the project timeline affected. Director of Public Works /City Engineer Berkowitz responded it depends on how the project is financed. If the residents pay upfront, the project can be expedited. If the residents choose an assessment, the Statute 429 process is necessary and will take longer. The residents can waive the public hearing process; although the City will still have to prepare a feasibility report which takes a council meeting and then waive the public hearing, but it will add two to four weeks to the process. Councilmember Jacobson stated he is willing to withdraw his motion if the residents come to the next Council meeting with a decision on paying for the project upfront, no 429 process and do the project right away. He noted that doing nothing is the second option. Randy Grachek stated the residents need to know how much the project is going to cost. Director of Public Works /City Engineer Berkowitz responded on a project this small, the City puts it out for © quotes and then accepts the lowest quote. A portion of the cost is construction, but there is also design cost and the cost for the preparation of the easement on the school property. Councilmember Knight asked the residents to express their feelings about waiting. Regular Andover City Council Meeting Minutes —August 16, 2011 Page 8 Councilmember Trude stated the first meeting with the staff and residents was in July. The residents wanted a conversation with the Council before making a decision. Gordon Pietsch stated at this point all five residents have not met. He said each resident is impacted differently. Mr. Pietsch stated the area that is to be drained is of no value to him; although the easement that sits behind his lot where the drainage system starts is flat and is of value to him. He stated the existing culvert will remain and the City will retain the easement. Councilmember Trude stated the residents will have to talk about how to portion the cost without the City's participation. The residents were willing to pay $2,000, but if the amount goes up to $5,000 the residents may need to sort out another calculation that feels more equitable with benefit gained. She stated the residents will have their own timeline, not the Council's. Councilmember Knight stated this year has been an anomaly and this may be the one hundred year flood. He stated it will even out at some point. City Attorney Baumgartner clarified the Council's decision to not do anything does not preclude the property owners from petitioning for this improvement under Statute 429. He stated by deciding the City will not do anything or not participate in the funding does not preclude the property owners from petitioning the Council at any time to move forward and have the assessment done. Councilmember Trude stated she believed this was the first time the residents have seen the $16,250 cost. She commented the residents still have issues to work out. Director of Public Works /City Engineer Berkowitz clarified if the easement is vacated you cannot bring in fill. He stated the resident must submit a plan for the City to review. Mayor Gamache stated the residents need to come back to the City with a decision. Councilmember Trude stated the residents need to figure out what you want to do and talk to staff. Councilmember Jacobson withdrew his motion based on the discussion tonight. RESCHEDULE JOINT MEETING WITH THE CITY OFANOKA Mayor Gamache stated the City Administrator will work on scheduling a joint meeting with the City of Anoka. This item will be brought back to the Council. © SCHEDULE SEPTEMBER COUNCIL WORKSHOP Mayor Gamache stated the City Council needs to schedule a Workshop Meeting on September 27, 2011 at 6:00 p.m. ® Regular Andover City Council Meeting Minutes — August 16, 2011 Page 9 Motion by Trude, Seconded by Knight, to schedule a Workshop Meeting on September 27, 2011 at 6:00 p.m. Motion carried unanimously. SCHEDULE EDA MEETING Mayor Gamache stated the City Council needs to schedule an EDA Meeting on September 6, 2011 at 6:00 p.m. Motion by Knight, Seconded by Trude, to schedule an EDA Meeting on September 6, 2011 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson stated the City Council Workshop Meeting is scheduled for August 23, 2011 at 6:00 p.m.: • A joint meeting with the Park and Recreation Commission is first on the agenda to discuss the comprehensive plan for the City park system, capital improvement plan, artificial turf, and maintenance within City parks. Additional workshop discussion items Q will be to discuss a special hunt and the 2012 tax levy and budget. He stated other items he or other staff has been working on are the following: • Negotiation items for the EDA. • Drainage issues. • Planning for the single family rental program. • Code violation complaints with grass, cars, etc. • The City achieved its target of 35 new housing starts for 2011. MAYORICOUNCIL INPUT Director of Public Works /City Engineer Berkowitz stated his thanks and appreciation to Councilmember Jacobson for his guidance and assistance, and wished him best of luck. Councilmember Trude stated she has written an article for the City's newsletter on Councilmember Jacobson on his 30 years of service. She enjoyed working with Councilmember Jacobson and thanked him for his service. Councilmember Knight stated Councilmember Jacobson is an honest man and wished him well. 10 Councilmember Jacobson commented he liked to move the Council along. Councilmember Bukkila thanked Councilmember Jacobson for his tutilage. Mayor Gamache appreciated Councilmember Jacobson's sense of humor. The City owes a debt © Regular Andover City Council Meeting Minutes — August 16, 2011 Page 10 of gratitude to Councilmember Jacobson for his years of service and wishes him well. City Administrator Dickinson stated the City has a plaque for Councilmember Jacobson. He stated he had interviewed with Councilmember Jacobson on the interview panel that hired him 11 years ago. He commented it has been great working with Councilmember Jacobson for over eleven years, he has done a good job and it has been an honor. Councilmember Jacobson declared the meeting adjourned. The meeting adjourned at 8:20 p.m. Respectfully submitted, Linda Dahlquist, Recording Secretary L A W] H Regular Andover City Council Meeting Minutes — August 16, 2011 Page l I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES AUGUST 16, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .................................................... ............................... 2 Item 3 Accept Feasibility Report / Waive Public Hearing / Order Plans & Specs / 11 -16 / Rosella Sonsteby Property / SS & WM Extension ( R062- 11) . ............................... 2 Item 4 Approve Agent / Broker of Record City's Employee Benefits Program ................ 2 Item 5 Approve Resolution to Tax Increment Financing Districts 1 -1 and 1 -2 (R063 -11) Item 6 Consider On -Sale Intoxicating Liquor & Sunday Licenses / Pappy's Cafe............ 2 Item 7 Approve Application for Exempt Permit / Andover Lions Club ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 © UPDATE WOODLAND ESTATES DRAINAGE CONCERNS / 11 -32 / 2244 —149 AVENUENW ............................................................................................. ............................... 3 RESCHEDULE JOINT MEETING WITH THE CITY OF ANOKA ............................................ 8 SCHEDULE SEPTEMBER COUNCIL WORKSHOP ................................... ............................... 8 SCHEDULEEDA MEETING ......................................................................... ............................... 9 ADMINISTRATORREPORT ........................................................................ ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 S