COON RAPIDS CITY COUNCIL MEETING MINUTES OF SEPTEMBER 16_ 2008 by wulinqing

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									COON RAPIDS CITY COUNCIL MEETING MINUTES OF SEPTEMBER 16, 2008

OPEN MIC/PUBLIC COMMENT

Joe Kmetz, 12781 Jonquil Street NW, stated he resides in Lakes Edge near Highway 10 and
Northdale Boulevard. He stated when Northdale Boulevard was constructed, Lakes Edge provided
an easement for trail purposes. It was never intended that Jonquil Street would become part of the
trail system since it is a private street. Summer evenings there have been anywhere from 40 to 100
walkers, joggers, bikers and skateboarders. Mr. Kmetz stated some discussions with pedestrians
regarding use of the private street have become confrontational.

Mr. Kmetz stated he has worked with Project Manager Dave Full. He thought there could be a sign
indicating Jonquil Street was private property. He requested Council’s assistance in alleviating the
use of Jonquil Street as part of the City’s trail system.

June Evens, 916 120th Avenue NW, stated she appeared at the August 19 Council meeting to request
an exemption from garbage service at that address since she provided proof of garbage service at
12485 Redwood Street NW. She questioned if it was clear what she had asked for because the
memo she received indicated that no action was necessary.

Community Development Director Nevinski clarified that Council action was to require garbage
service at 916 120th Avenue NW.

Councilmember Klint noted the request for no action was part of the standard memo Council
received from staff.

Ms. Evens confirmed her formal request that Council rescind the requirement that she have garbage
service at 916 120th Avenue NW.

CALL TO ORDER

The second regular meeting of the Coon Rapids City Council for the month of September was called
to order by Mayor Tim Howe at 7:19 p.m. on Tuesday, September 16, 2008, in the Council
Chambers.

ROLL CALL

Members Present:       Mayor Tim Howe, Councilmembers Denise Klint, Ron Manning, Paul
                       Johnson, Joe Sidoti, Bruce Sanders, and Scott Schulte

Members Absent:       None

PLEDGE OF ALLEGIANCE TO THE FLAG

1.     ADOPT AGENDA
City Council Meeting Minutes
September 16, 2008
Page 2

MOTION BY COUNCILMEMBER SANDERS, SECONDED BY COUNCILMEMBER SIDOTI,
TO ADOPT THE AGENDA ADDING ITEM 2A. THE MOTION PASSED UNANIMOUSLY.

2A.    PRESENTATION FROM ANOKA-HENNEPIN EDUCATION FOUNDATION

Barb Winfield, Executive Director of Anoka-Hennepin Educational Foundation, invited the Council
and the public to attend the Northern Stars Ball on October 11.

2.     RECOGNITION OF COON RAPIDS NATIONAL LITTLE LEAGUE BASEBALL TEAM

City Manager Fulton presented a memorandum to Council stating the Council would like to
recognize the Coon Rapids National Little League Baseball Team for their outstanding 2008
baseball season.

Mayor Howe congratulated the Little League Baseball Team for their 2008 baseball season.


3.     PRESENTATION FROM KURT MANUFACTURING, 9445 EAST RIVER ROAD

City Manager Fulton presented a memorandum to Council stating Kurt Manufacturing, Inc., 9445
East River Road, would like to make a short presentation to the City Council.

Steve Kane, Kurt Manufacturing, summarized what Kurt Manufacturing’s facilities manufactured at
the Coon Rapids site.


4.     CONSIDER RESOLUTION 08-104 ACCEPTING THE DONATION OF MONIES TO BE
       USED TOWARD THE SENIOR SAFETY CAMP FROM WASHBURN-MCREAVY
       FUNERAL CHAPEL

Police Captain Parks presented a memorandum to Council stating Washburn-McReavy Funeral
Chapel has contributed $400.00 to the Police Department to support the City’s annual Senior Safety
Camp.

Washburn-McReavy Funeral Chapel has a location in Coon Rapids and made a financial
contribution to the Police Department to be used to defer costs incurred to conduct the 2008 Senior
Safety Camp to be held on September 10, 2008.

MOTION BY COUNCILMEMBER SIDOTI, SECONDED BY COUNCILMEMBER SANDERS,
TO ADOPT RESOLUTION 08-104 ACCEPTING THE $400.00 DONATION FOR SENIOR
SAFETY CAMP. THE MOTION PASSED UNANIMOUSLY.
City Council Meeting Minutes
September 16, 2008
Page 3

5.     CONSIDER RESOLUTION 08-105 ACCEPTING THE DONATION OF MONIES TO BE
       USED TOWARD THE FIRE PREVENTION PROGRAM FROM RESIDENTIAL
       MORTGAGE GROUP, INC.

Fire Chief Piper presented a memorandum to Council stating Residential Mortgage Group, Inc. has
offered to donate $50.00 to Coon Rapids for the Fire Prevention Program.

Coon Rapids Fire Prevention Programs benefit many people and age groups in the City. Examples
of these programs would include: installing smoke detectors, safety camps, and Fire Prevention
Week, where approximately 7,000 students are educated.

MOTION BY COUNCILMEMBER MANNING, SECONDED BY COUNCILMEMBER SIDOTI,
TO ADOPT RESOLUTION 08-105 ACCEPTING THE $50.00 DONATION OF MONIES TO BE
USED TOWARD THE FIRE PREVENTION PROGRAM FROM RESIDENTIAL MORTGAGE
GROUP, INC. FOR THE FIRE PREVENTION PROGRAMS. THE MOTION PASSED
UNANIMOUSLY.


6.     CONSIDER APPROVAL OF MINUTES:
       A.   AUGUST 27, 2008, COUNCIL WORK SESSION
       B.   SEPTEMBER 2, 2008, CITY COUNCIL MEETING
       C.   SEPTEMBER 11, 2008, SPECIAL COUNCIL MEETING

MOTION BY COUNCILMEMBER JOHNSON, SECONDED BY COUNCILMEMBER
SCHULTE, FOR APPROVAL OF THE MINUTES OF THE AUGUST 27, 2008, COUNCIL
WORK SESSION. THE MOTION PASSED UNANIMOUSLY.

MOTION BY COUNCILMEMBER SIDOTI, SECONDED BY COUNCILMEMBER SANDERS,
FOR APPROVAL OF THE MINUTES OF THE SEPTEMBER 2, 2008, COUNCIL MEETING.
THE MOTION PASSED UNANIMOUSLY.

MOTION BY COUNCILMEMBER SCHULTE, SECONDED BY COUNCILMEMBER KLINT,
FOR APPROVAL OF THE MINUTES OF THE SEPTEMBER 11, 2008, SPECIAL COUNCIL
MEETING. THE MOTION PASSED 4-0-3 (COUNCILMEMBERS SANDERS, JOHNSON AND
MANNING ABSTAINED).


7.     CONSENT AGENDA:
       A.   APPROVE 2008-2009 HIGH SCHOOL CONTRACT FOR COOK MEMORIAL
            ICE ARENA
       B.   APPROVE 2008-2009 CONCESSION STAND LEASE WITH COON RAPIDS
            YOUTH HOCKEY ASSOCIATION FOR COOK MEMORIAL ICE ARENA
City Council Meeting Minutes
September 16, 2008
Page 4

MOTION BY COUNCILMEMBER SIDOTI, SECONDED BY COUNCILMEMBER SCHULTE,
FOR APPROVAL OF THE CONSENT AGENDA. THE MOTION PASSED UNANIMOUSLY.


8.     CONSIDER ADOPTION OF ORDINANCE AMENDING CITY CODE, OUTDOOR
       STORAGE OF SITE MAINTENANCE AND SAFETY EQUIPMENT, PC 08-17

Planner Harlicker presented a memorandum to Council stating the City is proposing an amendment
to standardize regulations on outdoor storage in commercial and office districts. The amendment
would limit outdoor storage in commercial and office districts except for site maintenance and safety
related materials and equipment stored and completely screened in properly constructed enclosures
and as shown on an approved site plan.

Because of a lack of clarity in the current ordinance, the past two winters Code Enforcement has had
difficulty managing the issue of shopping centers storing snow removal equipment and salt/sand on
site. Other two districts, neighborhood Commercial and Regional Shopping, currently include
language that regulates outdoor storage. Each district has different language.

At the work session held in July, the Planning Commission indicated that outdoor storage should be
limited to materials and equipment related to site maintenance and security, the enclosure should
completely screen all equipment and materials and the structure needs to be compatible with the
principal building.

To provide language that staff can cite when managing issues related to outdoor storage in all
commercial districts, the current language relating to outdoor storage in the Neighborhood
Commercial and Regional Shopping Districts will be eliminated.

The actual definition is fairly broad; whereas, the type of outdoor storage that will be allowed is very
limited.

At the Council meeting held on September 2, no issues or objections were raised regarding the
proposed ordinance.

MOTION BY COUNCILMEMBER MANNING, SECONDED BY COUNCILMEMBER KLINT,
TO ADOPT THE ORDINANCE RELATING TO OUTDOOR STORAGE OF SITE
MAINTENANCE AND SAFETY EQUIPMENT IN COMMERCIAL AND OFFICE DISTRICTS.

Councilmember Klint asked how they would enforce this. She asked if there should be
consequences. Assistant City Attorney Brodie responded they were in the process of developing
specific penalties and looking at administrative offenses. However, as it currently stood
enforcement was limited.

Councilmember Klint asked if they could put in a fine as a penalty. Assistant City Attorney Brodie
responded that they are currently exploring this avenue.
City Council Meeting Minutes
September 16, 2008
Page 5

Councilmember Klint asked when they would be done with the fines and penalties. City Manager
Fulton believed it would be either late September or early October, but the work session has not
been scheduled at this time.

Councilmember Johnson asked if any of the places that have been non-compliant in the past have
been notified that they should start addressing the issue. He wanted to ensure there was
communication with the business owners. City Manager Fulton responded staff would make sure
this was communicated.

THE MOTION PASSED UNANIMOUSLY.


9.     A.      CONSIDER ADOPTION OF ORDINANCE AMENDING REVISED CITY CODE,
               UPDATING LANGUAGE AND POLICY RELATED TO DISCONNECTING CITY
               WATER SERVICE
       B.      CONSIDER ADOPTION OF ORDINANCE 08-106A ESTABLISHING
               DISCONNECT AND RECONNECT FEE OF CITY WATER SERVICE

Community Development Director Nevinski presented a memorandum to Council stating staff is
proposing a number of modifications to the Municipal Water System and Connections ordinance.
Most of the modifications are of a housekeeping nature, however language is proposed prescribing a
process for disconnecting and restoring water service to vacant properties.

Last winter, staff responded to approximately 25 homes with burst water pipes and flooding. The
homes were in foreclosure, did not have utilities or heat, and were generally abandoned. Often, staff
was aware the homes were vacant and in foreclosure but had no clear policy or authority to turn off
water service to preempt frozen pipes and subsequent flooding.

In an effort to preserve housing stock through the foreclosure crisis and real estate downturn, many
cities simply turn off water to vacant properties as a matter of policy. Staff has recently enacted
such a policy; however, it would be appropriate to codify the policy. Section 13-216(4) of the
ordinance proposes language identifying conditions under which water will be disconnected to the
property.

Furthermore, Section 12-216(5) authorizes an inspection of the property before water service is
reconnected. This language serves two purposes. First, it helps ensure that piping, utilities, and
mechanical services are in place before water service is restored so that the conditions which lead to
burst pipes and flooding are avoided. Secondly, staff is finding that many foreclosed houses are
being purchased and remodeled without permits. Often the buyer’s intention is to “flip” the house.
In some instances, entire homes have been gutted and structural work undertaken. An inspection
will help identify what activities are taking place at a property and what permits, beyond those
needed to restore water service, if any, will be needed.
City Council Meeting Minutes
September 16, 2008
Page 6

Other modifications include clarification that the meters and valves need to be readily accessible.
Instances have occurred where driveways or other structures have been placed over valves or meters
located in close quarter location. Additionally, should a meter or valve be damaged or become
inaccessible, the property owners will bear the cost of repairs. Regular maintenance however will be
at the expense of the Water Department.

Council should be aware of two minor changes to the ordinance since introduction. First, section
13-204 replaces the word Tapping with Connection. Secondly, language was added to the end of
Section 12-216 (5) clarifying that an inspection fee will be established by resolution.

Because the modifications impose, or potentially impose, several fees Council is asked to consider
Resolution No. 08-106 establishing three fees. Two of the fees are currently set at $0.00. The fees
are referenced in the ordinance and are intended to cover costs associated with connecting and
disconnecting the water service. The third fee reflects the cost of conducting an inspection of a
property prior to the restoration of water service.

MOTION BY COUNCILMEMBER SCHULTE, SECONDED BY COUNCILMEMBER
SANDERS, TO ADOPT AN ORDINANCE UPDATING LANGUAGE AND POLICIES
RELATED TO THE MUNICIPAL WATER SYSTEM AND CONNECTIONS AND REVISING
CITY CODE – 1982 CHAPTER 13-200 AND ADOPT RESOLUTION NO. 08-106A
ESTABLISHING FEES RELATING TO THE DISCONNECT AND RECONNECTION OF CITY
WATER SERVICES.

Councilmember Sanders pointed out a few corrections with wording.

Councilmember Klint inquired about the disconnection and reconnection fees. Assistant City
Attorney Brodie requested Council allow staff time to clear up the appropriate fees.

Community Development Director Nevinski suggested Council move forward with the resolution so
they could cover the inspector’s time and allow staff to come back with clarification on the fees at
the next Council meeting.

City Manager Fulton noted staff could come back with a modified resolution in the future, but the
appropriate action right now would be to table the ordinance and approve the resolution.

Councilmember Schulte withdrew his motion. Councilmember Sanders agreed to the withdrawing
of the motion.

City Manager Fulton stated if Council wanted to approve both motions, staff would come back with
an update at a future Council meeting.

MOTION BY COUNCILMEMBER KLINT, SECONDED BY COUNCILMEMBER SANDERS,
TO ADOPT AN ORDINANCE UPDATING LANGUAGE AND POLICIES RELATED TO THE
MUNICIPAL WATER SYSTEM AND CONNECTIONS AND REVISING CITY CODE – 1982
City Council Meeting Minutes
September 16, 2008
Page 7

CHAPTER 13-200 AND ADOPT RESOLUTION NO. 08-106A ESTABLISHING FEES
RELATING TO THE DISCONNECT AND RECONNECTION OF CITY WATER SERVICES.
THE MOTION PASSED UNANIMOUSLY.


10.    CONSIDER APPROVAL OF JOINT POWERS AGREEMENT WITH ANOKA COUNTY,
       HANSON BOULEVARD UPGRADE, MAIN STREET TO BUNKER LAKE
       BOULEVARD, PROJECT 01-57

City Engineer Vierzba presented a memorandum to Council stating Anoka County has prepared a
Joint Powers Agreement (JPA) regarding the reconstruction of Hanson Boulevard north of Main
Street.

Hanson Boulevard is being reconstructed by Anoka County and is nearing completion. Planning for
the reconstruction started several years ago and actual construction began late July 2007. The road
was rebuilt from single-lane to double-lane in each direction with centerline median and turn lanes.
There had been much discussion in the past regarding access at 127th Avenue NW and the
construction of 133rd Avenue NW as a City street. A Memorandum of Understanding (MOU)
addressed the 127th Avenue NW access issue. The MOU provided for a northbound left-turn lane at
127th Avenue NW and also provided for traffic signals at Main Street and Avocet Street NW to
provide improved access for area residents. The MOU provided for the reconstruction of 133rd
Avenue NW east of Hanson Boulevard which is currently under construction under city contract.
The MOU was approved by Council on July 18, 2006.

The proposed JPA addressed how the project will be paid for and conforms to the details within the
MOU. The city is responsible for costs of several items such as City utility work, 50 percent of
concrete curb, part of storm drain, trails/sidewalks, and the ped-tunnel under the road. Some of
these costs are reduced by federal funding available on this project. Developers have pre-paid for
sidewalks in the past. Those funds are now being used to pay for a portion of the new walks/trails.

The total estimated cost to the City is $460,871. The State Aid eligible portion will be paid from the
City’s State Aid account. The sewer/watermain costs will be paid from the Utility Fund. The cost
of the pedestrian tunnel will be paid from Park Improvement funds. Prepaid developer funds for
sidewalks will be used for part of the walk/trail costs.

Mayor Howe noted there was an article recently from Anoka County about this issue and why it had
taken so long. The article noted the reason was because of the sewer systems and water lines going
to the mosquito control building. He believed it was because they had to run utilities to the Anoka
County Law Enforcement Building. He inquired about the sewer and watermain cost. Public
Services Director Gatlin explained what the cost represented. He noted they were not new utilities,
but reconstruction and moving of the utilities.
City Council Meeting Minutes
September 16, 2008
Page 8

MOTION BY COUNCILMEMBER SIDOTI, SECONDED BY COUNCILMEMBER JOHNSON,
TO APPROVE THE JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE
RECONSTRUCTION OF HANSON BOULEVARD. THE MOTION PASSED UNANIMOUSLY.
11.  CONSIDER RESOLUTION 08-107 2008(3) MISCELLANEOUS ASSESSMENT
     DECLARING COST TO BE ASSESSED AND ORDERING PUBLIC HEARING ON
     PROPOSED ASSESSMENT ROLL FOR OCTOBER 7, 2008

A memorandum was presented from Assessment Clerk Cederstrand stating a date for a public
hearing should be set to consider miscellaneous assessment to be certified to the County for
collection with the 2009 property taxes.

The City periodically performs a service for a taxpayer and charges for the service such as
abatements, code violations, securing and monitoring fees for vacant property, mowing of weeds,
utility bankruptcy and other unpaid fees. If unpaid, these invoices are certified to taxes. The terms
of repayment are determined by the amount being assessed. The proposed assessments are
categorized by the number of years to be assessed and the interest rate recommended. The
approximate amount to be collected is $81,605.70. Due to ongoing assessment fees an “official”
number is not yet available. All residents will receive proper notification as required by state statute.
Interest rates are determined by the term of the assessment.

MOTION BY COUNCILMEMBER SANDERS, SECONDED BY COUNCILMEMBER
JOHNSON, TO ADOPT RESOLUTION 08-107 2008(3) MISCELLANOUS ASSESSMENT
DECLARING THE COST TO BE ASSESSED, ORDERING PREPARATION OF THE
PROPOSED ASSESSMENT ROLL AND ORDERING THE PUBLIC HEARING FOR OCTOBER
7, 2008, ON THE PROPOSED ASSESSMENT ROLL. THE MOTION PASSED
UNANIMOUSLY.


12.     CONSIDER RESOLUTION 08-108 APPOINTING A MEMBER TO THE SAFETY
        COMMISSION

Fire Chief/Safety Commission Liaison Piper presented a memorandum to Council stating the Safety
Commission is requesting that the Council appoint Brian Armstrong to the Commission.

At their September 11, 2008, meeting, the Safety Commission interviewed Brian Armstrong for a
current vacancy on the Commission created when former Commissioner Jim Johnson relocated from
the City. After interviewing, the Commission unanimously recommended the appointment of Mr.
Armstrong to the Safety Commission with a term to expire on December 31, 2010.

MOTION BY COUNCILMEMBER MANNING, SECONDED BY COUNCILMEMBER
SCHULTE, TO ADOPT RESOLUTION 08-108 APPOINTING BRIAN ARMSTRONG TO THE
SAFETY COMMISSION WITH A TERM TO EXPIRE DECEMBER 31, 2010. THE MOTION
PASSED UNANIMOUSLY.
City Council Meeting Minutes
September 16, 2008
Page 9


13.     OTHER COUNCIL BUSINESS
        A.     OVERGROWN BUSHES ALONG MISSISSIPPI BOULEVARD SIDEWALK
Director of Public Services Gatlin presented a memorandum to Council stating at the August 19,
2008, Council meeting, Councilmember Sidoti stated that the sidewalk along Mississippi Boulevard
across from the Mississippi View Apartments and Anoka Ramsey Community College was difficult
to use due to overgrown shrubs and trees. He requested the City review the area and take
appropriate action.

The Public Works Department has been requested to trim the shrubs and trees along this stretch of
sidewalk on Mississippi Boulevard. Most of the area along the sidewalk has been cleared of
vegetation. The remaining work will be completed by September 12.

       B.      TRAFFIC CONTROL AT WEDGEWOOD AND ROUND LAKE BOULEVARD

Councilmember Schulte noted there was a problem with traffic control at the pedestrian crossing at
Wedgewood Drive and Round Lake Boulevard. He believed Council needed to look at this again
and come up with a better solution.

       C.      GROUP HOME ON ELDORADO COURT

Councilmember Schulte noted neighbors have complained about additional traffic and problems
with the residents of the group home on Eldorado Court NW. He asked staff to look into these
issues.

       D.      DIVERSION OF TRAFFIC TO COMPOST SITE

Mayor Howe asked how long would 133rd Avenue NW be under construction and would it be open
for the fall composting season. City Engineer Vierzba responded 133rd Avenue would be open in a
few weeks in time for the fall composting season.


14.    CONSIDER TENTATIVE AGENDA OF OCTOBER 7, 2008

The tentative agenda was received.


15.    ADJOURN

MOTION BY COUNCILMEMBER SANDERS, SECONDED BY COUNCILMEMBER
MANNING, TO ADJOURN THE MEETING AT 8:21 P.M. THE MOTION PASSED
UNANIMOUSLY.
                            _____________________________________
                            Tim Howe, Mayor
City Council Meeting Minutes
September 16, 2008
Page 10

ATTEST:
____________________________________
Joan A. Anderson, City Clerk

								
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