City Council

REGULAR ANDOVER CITY COUNCIL MEETING – DECEMBER 2, 2014 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 2, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mayor Gamache stated it appeared that Mr. Ayim wanted to make a lengthy presentation and suggested Mr. Ayim either make a brief presentation, request to appear before the City Council, or request to speak at the end of the meeting. Councilmember Trude stated she told Mr. Ayim this was a resident forum and open to every resident and she felt he had a right to speak. She stated she talked to Mr. Ayim while campaigning and suggested coming to the resident forum to speak. She noted they have allowed others to speak for twenty to thirty minutes at the resident forum so he should be allowed to make his presentation. She thought the presentation could be paired down to five minutes. Mr. Jack Ayim, 14449 Hummingbird Court NW, stated he would like to make a presentation on Electronic Cigarettes. He explained Electronic Cigarettes are used by smokers to put nicotine into their body. Some are rechargeable, some are disposable and there are approximately 450 different flavors out there. He noted nicotine is highly addictive and has adverse effects on the adolescent brain and there is increased use by the youth. He was trying to raise awareness in Andover. Mr. Ayim stated the advertisers are using the same advertising that was used in the thirties through the fifties which are cartoonish and aimed at the youth. The flavors are also aimed at the youth. He stated there are no proven facts that E-Cigarettes help people to quit smoking. Regular Andover City Council Meeting Minutes – December 2, 2014 Page 2 Mr. Ayim reviewed the MN State Law regarding E-Cigarettes and thought cities and counties should add Electronic Cigarettes to their current tobacco licensing ordinances and prohibit the indoor use of Electronic Cigarettes in public areas. He thought there needed to be increased compliance and enforcement. Mr. Dickinson indicated they are currently looking at amending the current tobacco City Code addressing specifically E-Cigarettes and he would be looking for Council direction on this item if the Council wants to go beyond State Statute. Mayor Gamache stated it was his understanding that the Minnesota law that was currently passed restricts the E-Cigarette in public buildings but it did not take the step in restricting it in private buildings such as bars. Mr. Dickinson stated it prohibits it at daycare centers but does not get into all businesses. Councilmember Trude stated while campaigning she met a women who was upset to see someone vaping at Target and she did research on the subject and found that you cannot vape at hospitals or government buildings. The resident was concerned of young children observing vaping occurring and when children are seeing that it seems to be promoting and encouraging it. The resident would like to see this use prohibited at movie theaters, public shopping places, and public parks. Mr. Dickinson indicated State law does provide for political subdivision or private businesses to adopt more stringent prohibitions on the use of Electronic Cigarettes or electronic delivery devices. Mayor Gamache asked if they moved forward with something more restrictive that would mean they would need to change the ordinance which means they should have some type of public acknowledgement they are looking into this. Councilmember Bukkila stated she had no problem matching State Law that is going into effect but if they were to do anything more, she would recommend bringing it to a workshop first so they can fully review everything because she was not entirely comfortable having the discussion tonight given everything else that is already on the agenda that they are going to make decisions on this evening. She never thought it was a healthy decision to ‘shoot from the cuff’ on things that come from resident forum so while she thought it was good Mr. Ayim came, she would like more information and discussion. Mr. Dickinson noted what staff plans on bringing forward to the next meeting will match State Law. Councilmember Trude thought Mr. Ayim contacted everyone over the summer and distributed a packet to everyone and a lot of cities are just amending the ordinances so this product is not being sold to children for example and their vendors who are licensed are selling the product. There are some basic things that could be done that every city is doing. She thought the questions they would want to have more public input on is how far do they go and they can find out what other cities are doing. She did not think school property is being covered by State Law and she did not even know if school policies have even caught up with this product. She thought there was more information they needed to get but thought a public forum was a good place to Regular Andover City Council Meeting Minutes – December 2, 2014 Page 3 start. City Attorney Baumgartner thought when the Legislature addressed E-Cigarettes, which impacts are still an unknown, tried to group E-cigarettes into a category like tobacco and in doing so it allowed for regulation of E-cigarettes through licensing. He stated he just recently revised the city code for Elk River and in doing that Elk River grouped in and identified and defined what an E-Cigarette is and what products need to be licensed along with the E-Cigarette and treat these products much like they do tobacco products. Elk River also built in code compliance and compliance checks. Elk River did not go so far as addressing in their ordinance at this time whether or not it should be prohibited in certain buildings. He did not think the FDA has taken a stand yet. Mr. Dickinson stated he would bring forward a code amendment matching State Law to the next City Council meeting so the code will match our licensing process; discussion beyond matching State Law could go to a 2015 Council workshop. AGENDA APPROVAL Councilmember Trude noticed on Item 13, the effective date is left blank and if they had that it would make it complete. She wondered if this is effective upon adoption of all cities or effective as of January 1st. Fire Chief Streich stated the effective date they are shooting for is December 31, 2014 because that is the final date that the agreement between the new entity, JPA, and the records management system vendors’ contract ends. Motion by Bukkila, Seconded by Knight, to approve the Agenda as presented and recognizing the effective date of December 31, 2014 for Item 13. Motion carried unanimously. APPROVAL OF MINUTES November 18, 2014, Regular Meeting: Correct as amended. Councilmember Trude requested a correction on page five, line 6, at the end of the statement, she would like to remove the period and add “…and matching the neighborhood to the one it becomes part of given the street system.” Motion by Howard, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Grant/15-15/Anoka Sandplain Partnership/Great River Greening for Woodland Enhancement in Kelsey Round Lake Park Item 4 Approve 2015 Tri-City GIS Contract Item 5 Approve 2015 Kennel Licenses Regular Andover City Council Meeting Minutes – December 2, 2014 Page 4 Item 6 Approve 2015 Used Vehicle Sales Business Licenses Item 7 Approve 2015 Massage Therapist/Establishment Licenses Item 8 Approve 2015 Tobacco Licenses Item 9 Approve 2015 Liquor Licenses Item 10 Approve Final Plat of Creekside Meadows – Shadow Ponds LLC (See Resolution R094-14) Item 11 Adopt Resolution Setting a Public Hearing on a Vacation – Park 2, Creek View Crossing (See Resolution R095-14) Item 12 Approve Application for Exempt Permit/Andover Baseball Booster Club Item 13 Approve Joint Powers Agreement/Anoka County Fire Protection Council Item 14 Approve 2014 City Administrator Review Motion by Trude, Seconded by Howard, approval of the Consent Agenda as read with the addition of December 31, 2014 to Item 13. Motion carried unanimously. PUBLIC HEARING – 2015 PROPOSED BUDGET & TAX LEVY Mr. Dickinson explained the Council has had a number of reviews of the City of Andover 2015 Proposed Budget and continued detailed review of the General Fund Budget that is primarily supported by the proposed 2015 Tax Levy. Mr. Dickinson indicated the Council did adopt at the September 2nd regular Council meeting a Preliminary 2015 Budget with a total property tax levy of $11,143,925: $7,630,892 (68.48%) operational levy, $2,136,065 (19.17%) debt service levy, and $1,376,968 (12.36%) capital/watershed levy. The proposed preliminary levy would result in a 2.77% increase in the gross tax levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 29, 2014. Mr. Dickinson reviewed the staff report and various graph and charts with the Council. Mr. Dickinson reviewed the reasons for adding a new hire to the budget for 2015. He noted since 2004 the City has reduced their staff by ten percent and with new growth in the City we now need additional help. Councilmember Bukkila asked Mr. Dickinson to explain the inequality/quality, the balance between Andover within Anoka County and then the residents in their subdivisions with their property because half the City is looking really good on their property tax statements where the tax has gone down and then others have gone up. She stated her property tax went up a lot and it was not based on any great tax increases but more about property valuations and the market correcting itself. Mr. Dickinson explained how property tax is determined. He reviewed the tax rate and the total tax bill for some specific properties in Andover. He noted the City’s total gross tax levy is proposed to go up 2.77%. He noted that as new construction comes into play again this year the City will likely see some market value increases on the higher end homes because that is what a Regular Andover City Council Meeting Minutes – December 2, 2014 Page 5 lot of their new developments are. Motion by Bukkila, Seconded by Knight, to open the public hearing at 8:00 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Bukkila, to close the public hearing at 8:01 p.m. Motion carried unanimously. PUBLIC HEARING – VACATION OF EASEMENT – 15927 NORWAY STREET NW – DANIEL MUMM Mr. Carlberg explained the property owner, Daniel Mumm is seeking to vacate 307 square feet of drainage and utility easement across part of his residential lot located within the Miller’s Woods 3rd Addition development. Mr. Carlberg reviewed the information with the Council. Councilmember Bukkila asked where the fee comes in for analysis, who pays the fee. Mr. Carlberg stated the applicant pays the additional analysis fees. Councilmember Bukkila asked when they get the information back is staff only reviewing the little square area or the entire section of easement. Mr. Carlberg stated they are looking at the drainage basin and what drains through the area. Councilmember Bukkila asked if this was the only thing able to be given back to the owner based on the study or was there more land, possibly outside of the easement. Mr. Carlberg stated that is what the minimal amount of area needed to be vacated. They do not want to vacate too much of the easement because they need it for drainage. It was taken for a purpose. He stated it depends on the need, but typically they only look at the minimum. Motion by Bukkila, Seconded by Trude, to open the public hearing at 8:04 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Bukkila, Seconded by Knight, to close the public hearing at 8:05 p.m. Motion carried unanimously. Motion by Trude, Seconded by Knight, to approve resolution R097-14, the proposed vacation of drainage and utility easement. Motion carried unanimously. PUBLIC HEARING – VACATION OF EASEMENT – 1850 – 1856 139TH AVENUE NW – B AND D ESTATES – POVLITZKI HOLDINGS, LLP Regular Andover City Council Meeting Minutes – December 2, 2014 Page 6 Mr. Carlberg stated the applicant, Brad Povlitzki is seeking to vacate drainage and utility easements over, under, and across parts of Lots 1-6, Block 3, Parkside at Andover Station 2nd Addition, as depicted on the attached easement vacation exhibit. Mr. Carlberg reviewed the staff report with the Council. Councilmember Howard wondered why they would vacate the lot on 139th Avenue. Mr. Carlberg stated when the final plat is recorded the easements along the lot lines will get dedicated next. Motion by Knight, Seconded by Bukkila, to open the public hearing at 8:07 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Howard, Seconded by Trude, to close the public hearing at 8:08 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Howard, to approve resolution R098-14, the proposed vacation of easements. Motion carried unanimously. APPROVE FINAL PLAT – B AND D ESTATES – POVLITZKI HOLDINGS, LLP Mr. Carlberg stated the City Council is asked to approve the final plat for B and D Estates. Mr. Carlberg reviewed the information with the Council. Councilmember Trude stated when looking at the plat where are there lots A and B. Mr. Carlberg stated there are two types of legal descriptions. One is an abstract and the other portion is the torrens property, which the courts have determined the legal description, by law they are required to show a plat that looks like it is two lots but is actually only one parcel. Councilmember Trude asked whether someone will need to be watchful to make sure there is complete conveyance of both part A and B so there is no clouding of the title or is there another document that shows these without A and B. Mr. Carlberg stated the legal descriptions when they are conveyed will be with the A and B as a part of that legal description. Councilmember Trude thought it will be important that future homeowners area aware of this. Mr. Carlberg stated this is not uncommon. Mr. Dickinson stated in the Parkside at Andover Station development, the first townhomes there have this type of description. Motion by Bukkila, Seconded by Knight, to approve resolution R099-14, the final plat for B and D Estates. Motion carried unanimously. Regular Andover City Council Meeting Minutes – December 2, 2014 Page 7 DISCUSS SECTION 4(F) DE MINIMIS DETERMINATION/11-25/ BUNKER LAKE BOULEVARD NW FROM CRANE STREET NW TO JEFFERSON STREET Mr. Berkowitz stated the City Council is requested to discuss Section 4(f) de minimis determination for the proposed reconstruction of Bunker Lake Boulevard NW from Crane Street NW to Jefferson Street NW. Mr. Berkowitz reviewed the information with the Council. Councilmember Trude asked if the berm that shelters the Shadowbrook East Park basketball court from traffic will continue to exist. Mr. Berkowitz stated the berm will be removed and a small retaining wall will be installed to elevate the City monument sign. Mr. Berkowitz stated the way the cross sections work out for the widening of the road that berm is in the way to make the improvements work. Councilmember Trude stated she lives within a mile of the park and when she walks she goes to the park and sees people having lunch because they feel away from the noise and traffic. However, if the berm is gone they should look at something to screen the park because residents find the park as a respite. The homes along the west side of the park also benefit from the berm because it keeps some of the noise down. She thought the berm was substantial. Mr. Berkowitz was not sure how high the berm was. Mayor Gamache wondered what the distance was between the park and the road. He wondered if a berm could be constructed closer to the parking lot. Mr. Berkowitz stated there is approximately thirty feet from the curb to the permanent easement. Councilmember Trude wondered why the berm was being removed and asked if the trail was going to go where the berm is. Mr. Berkowitz indicated the trail location is a little south of the berm but to make the grades work with the change of the cross sections of the roadway itself the berm needs to come out. The berm could be shifted back and put it in between the parking lot and trail. This would need to be looked at closer, but likely the trees along the parking lot would then need to come out. Councilmember Trude thought the value of the berm to the residents and park users is that it shelters them from the feeling of being in the City and there is some value to that. She would like to have this reviewed before approval. Councilmember Bukkila wondered how they can approve the plans and still have staff review this section. Mr. Berkowitz stated if the City concludes that there are negative impacts to the facility then the next step is to negotiate between the County and City to determine what mitigation efforts can be put in place to make both parties agree. Councilmember Bukkila asked how long that would take. Mr. Berkowitz stated this could be reviewed and brought back to the Council at the December 16th meeting, if that was the Council's direction. Regular Andover City Council Meeting Minutes – December 2, 2014 Page 8 Councilmember Trude stated she would like to see replacement of lost mature trees in Shadowbrook West Park and also review of the berm removal. Councilmember Trude wondered what they can do to mitigate the tree removal. She suggested Mr. Berkowitz sit down with the City Natural Resources Technician, Mr. Kytonen, to determine what needed to be replaced. Mr. Berkowitz reviewed with the Council the impacts the road reconstruction will have on the existing landscaping. Councilmember Trude wondered if they could negotiate for more trees in the park. Mr. Berkowitz thought they could. Councilmember Trude thought that was what the residents would want. Mr. Andrew Witter, Assistant County Engineer, stated they have heard from some of the residents that they are concerned with some of the loss of trees. The County thinks it is possible to minimize the impacts to the landscape. Mayor Gamache asked what the time table is to get the next step started. Mr. Dickinson thought it would be appropriate for the Council to provide a decision to the County before the end of the year since this Council is the group that has been involved in reviewing this project for the past few years. Mayor Gamache thought they had gotten the plan manipulated enough to give them a pretty good idea what is going to be happening. This is going to be a four-lane road, part of the County’s transportation plan and they have the money to do the improvements. He thought the trail is as good as they are going to have. He noted the City can always go in after the road is reconstructed and add trees where needed. Mr. Witter indicated because this is a Federal project they had to do a noise study where they look at current and future conditions and it does include the actual future topography of the area with the elimination of the berm. There was not enough noise increase to warrant a noise wall in that area. The other important thing to note in the location of Shadowbrook East, is resident’s strong desire for an eastbound left turn lane into their neighborhood. That had been heard from residents through a number of open houses. Because of that additional width they have to develop that width through their engineering design practices on the east side of the intersection as well which then makes the road wider, roughly twelve to fourteen feet wider in that area which impacts the berm. Mr. Witter stated this is a balance. He stated there was a concrete median before the inception of the project through the project development and through discussions with the City and residents it was opted to include an eastbound left turn lane there so they needed to make that wider. Otherwise, they could have narrowed it down with a four-foot median. Councilmember Trude asked if it was reasonable to get some screening back. The park and users of the park have screening with the berm and she did not think a retaining wall was attractive and it was costly. Regular Andover City Council Meeting Minutes – December 2, 2014 Page 9 Landscaping is an inexpensive part of a project and she wondered if there was any reason why they could not have some landscaping to create that separation they have now. Mr. Witter indicated that was something they could continue to work through with the City. Motion by Knight, Seconded by Bukkila, to indicate agreement of the De Minimis determination with the County with a commitment to work on two areas with tree plantings and options to screen the park. Motion carried 4 ayes-1 nay (Trude). SCHEDULE DECEMBER EDA MEETING Mr. Dickinson stated the City Council is requested to schedule an EDA meeting at 6:00 p.m. before the December 16, 2014 City Council meeting. Motion by Trude, Seconded by Howard, to schedule an EDA meeting on December 16, 2014 at 6:00 p.m. Motion carried unanimously. SCHEDULE JANUARY HRA MEETING Mr. Dickinson stated the Council is requested to schedule a Housing and Redevelopment Authority (HRA) meeting at 6:30 p.m. or immediately following the EDA meeting before the January 6, 2015 City Council meeting. Motion by Bukkila, Seconded by Knight, to schedule an HRA meeting for January 6, 2015 at 6:30 p.m. Motion carried unanimously. SCHEDULE JANUARY EDA MEETING Mr. Dickinson stated the Council is requested to schedule an EDA meeting at 6:00 p.m. before the January 6, 2015 City Council meeting. Motion by Trude, Seconded by Bukkila, to schedule an EDA meeting on January 6, 2015 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR’S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. MAYOR/COUNCIL INPUT (Small Reception before the Next City Council Meeting) Councilmember Trude wondered if they could do a coffee and cookie reception at the next meeting to thank the outgoing Mayor and Councilmember. Mr. Dickinson answered in the affirmative. Regular Andover City Council Meeting Minutes – December 2, 2014 Page 10 (Round Lake) Councilmember Trude stated they had a long extended meeting about Round Lake and all received a letter from a resident. She thought they were all in agreement on the air boat training that goes on at the lake and she thought Mr. Dickinson could have a discussion with the Sheriff’s Department about finding another lake that does not have nesting of wildlife on it. Councilmember Bukkila stated the response she gave to the resident was that the Sheriff’s Office is in charge of the training and while the Council can convey their concerns they cannot really instruct the Sheriff’s Office to not train on that lake. She noted there is a substantial need to train where they work and those airboats are made to go through the reeds and while nobody tends to be destructive they want to be conscientious. She stated the City should leave it up to the Sheriff’s Office; otherwise, they are putting a ban on the City. Mayor Gamache wondered if the Sheriff’s Office moves the training around to different lakes and areas. Mr. Dickinson indicated he did not know. He stated he could research what the City can and cannot do. ADJOURNMENT Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:01 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes – December 2, 2014 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – DECEMBER 2, 2014 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 RESIDENT FORUM.......................................................................................................................1 AGENDA APPROVAL.................................................................................................................. 3 APPROVAL OF MINUTES........................................................................................................... 3 CONSENT ITEMS..........................................................................................................................3 Approve Payment of Claims........................................................................................................3 Accept Grant/15-15/Anoka Sandplain Partnership/Great River Greening for Woodland Enhancement in Kelsey Round Lake Park.......................................................................... 3 Approve 2015 Tri-City GIS Contract.......................................................................................... 3 Approve 2015 Kennel Licenses...................................................................................................3 Approve 2015 Used Vehicle Sales Business Licenses................................................................ 3 Approve 2015 Massage Therapist/Establishment Licenses........................................................ 3 Approve 2015 Tobacco Licenses.................................................................................................3 Approve 2015 Liquor Licenses................................................................................................... 4 Approve Final Plat of Creekside Meadows – Shadow Ponds LLC (See Resolution R094-14).. 4 Adopt Resolution Setting a Public Hearing on a Vacation – Park 2, Creek View Crossing (See Resoltuion R095-14)............................................................................................................4 Approve Application for Exempt Permit/Andover Baseball Booster Club.................................4 Approve Joint Powers Agreement/Anoka County Fire Protection Council................................ 4 Approve 2014 City Administrator Review..................................................................................4 PUBLIC HEARING – 2015 PROPOSED BUDGET & TAX LEVY............................................ 4 PUBLIC HEARING – VACATION OF EASEMENT – 15927 NORWAY STREET NW – DANIEL MUMM (See Resolution R097-14).............................................................................5 PUBLIC HEARING – VACATION OF EASEMENT – 1850 – 1856 139TH AVENUE NW – B AND D ESTATES – POVLITZKI HOLDINGS, LLP (See Resolution R098-14).................... 5 APPROVE FINAL PLAT – B AND D ESTATES – POVLITZKI HOLDINGS, LLP (See Resolution R099-14)................................................................................................................... 6 DISCUSS SECTION 4(F) DE MINIMIS DETERMINATION/11-25/ BUNKER LAKE BOULEVARD NW FROM CRANE STREET NW TO JEFFERSON STREET......................7 SCHEDULE DECEMBER EDA MEETING................................................................................. 9 SCHEDULE JANUARY HRA MEETING.................................................................................... 9 SCHEDULE JANUARY EDA MEETING.....................................................................................9 ADMINISTRATOR REPORT........................................................................................................9 MAYOR/COUNCIL INPUT...........................................................................................................9 Small Reception Before the Next City Council Meeting............................................................ 9 Round Lake................................................................................................................................10 ADJOURNMENT......................................................................................................................... 10