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HomeMy WebLinkAboutCC - October 16, 2012CTY0F 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, October 16, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Homelessness Awareness Month - November Resident Forum Agenda Approval 1. Approval of Minutes (9/25/12 Workshop; 10/2/12 Regular; 10/2/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Health Insurance Renewal and Employer Contribution -Administration 4. Approve Closing City Offices Christmas Eve - Administration 5. Approve Change Order #2/11 -10 /South Coon Creek Drive NW Reconstruction— Engineering 6. Approve Joint Powers Agreement /Anoka County Assessment Service Contract - Administration Discussion Items 7. Anoka County Sheriffs Office Monthly Report — Sheriff © 8. Hold Public Hearing/Adopt Assessment Roll/l1- 40/133rd Avenue NW Reconstruction — Engineering 9. Public Hearing/2013 -2017 Capital Improvement Plan - Finance 10. Continue Consideration of Conditional Use Permit for Off -sale Liquor /1851 Bunker Lake Boulevard NW — Wal -Mart Real Estate Trust — Planning 11. Consider Issuance of an Off Sale Intoxication Liquor License for Wal -Mart Stores, Inc. — 1851 Bunker Lake Boulevard NW — Administration 12. Approve Rezoning — 15873 Linnet Street NW - Planning 13. Approve Lot SplitNariance — 15873 Linnet Street NW — Planning 14. Amend City Code 12 -3 -5 - Reduce Rear Yard Setback Requirements in Industrial and Commercial Districts - Planning Staff Items 15. Schedule November EDA Meeting - Administration 16. Administrator's Report —Administration Mayor /Council Input Adjournment u ME ANDOVEOP REGULAR ANDOVER CITY COUNCIL MEETING —OCTOBER 16, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 16, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trade and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Public Works Director /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OF ALLEGIANCE PROCLAMATION — HOMELESS A RARENESS MONTH - NOVEMBER Mayor Gamache read a proclamation declaring November as Homeless Awareness Month. He stated the Anoka County Community Continuum of Care goal is to have each city in Anoka County join the effort to promote awareness of homelessness and have each city proclaim November as Homelessness Awareness Month. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Motion by Councilmember Howard, Seconded by Councilmember Bukkila, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES September 25, 2012 City Council Workshop Meeting Councilmember Trade requested that line 25 on page 7 be revised to state "three lane before a dual left lane." © Regular Andover City Council Meeting Minutes — October 16, 2012 Page 2 Councilmember Bukkila requested that the reference to Main Street on line 27 of page 6 be revised to add "Coon Creek/Crosstown up to Bunker Lake Boulevard." Motion by Councilmember Bukkila, Seconded by Councilmember Trude, to approve the September 25, 2012, City Council Workshop minutes as amended. The motion carried unanimously. October 2, 2012 Regular City Council Meeting Councilmember Bukkila requested that line 18 on page 7 be revised to state $25,000 instead of $5,000. Councilmember Trude requested that the City Council table approval of the October 2, 2012, Regular City Council meeting minutes in order to revise pages 4 and 5 to more accurately reflect the discussion at the meeting. She stated she made a motion early on in the discussion which is not reflected in the minutes and there was a comment attributed to her that someone else made and she felt some things were missing in answer to a question during the discussion. © Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to table approval of the October 2, 2012, Regular City Council Meeting minutes. The motion carried unanimously. October 2, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the October 2, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Health Insurance Renewal and Employer Contribution Item 4 Approve Closing City Offices Christmas Eve Item 5 Approve Change Order #2/11 -10 /South Coon Creek Drive NW Reconstruction (See Resolution R103 -12) Item 6 Approve Joint Powers Agreement /Anoka County Assessment Service Contract Motion by Councilmember Trude, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT 10 Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for September 2012 including three DWI arrests and three domestic assault arrests. He advised that on September 11th at 12:50 p.m. © Regular Andover City Council Meeting Minutes — October 16, 2012 Page 3 officers were dispatched to a suspicious vehicle on 156d' Lane NW where a lone male occupant was reportedly waiting for another male to return. He indicated the K -9 found narcotics and the male fled but was caught and taken into custody, while a search of the vehicle found two bags of methamphetamines and the suspect was booked on a felony. He advised that on September 20tH at 12:21 a.m. in the 14400 block of Round Lake Boulevard a male reportedly struck his head after being pushed by his girlfriend, both individuals were intoxicated and the female was arrested for gross misdemeanor. He reported that on September 26th at 4:16 a.m. in the 3500 block of 135`h Avenue, a male suspect left the residence after arguing with his wife over a cell phone and had pushed her to the ground and the suspect was taken into custody without incident. HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL111401133RD AVENUE NW RECONSTR UCTION City Engineer Berkowitz stated the reconstruction of 133rd Avenue NW was a joint project with the City of Coon Rapids and was completed this summer. He advised that the final project cost was $629,425.42 with the City's portion being $317,110.60. He indicated two properties front 133rd Avenue and will be assessed a fixed fee of $1,500 each for improvement costs which can be paid over eight years at 4.5% interest for an annual cost of $227.41 if certified to taxes or the © property owner can pay the entire amount within 30 days of the public hearing with no interest. He added that the City had sign replacement costs, administrative fees that were required to be paid by the City of Andover as part of the ordering of the project. The City of Coon Rapids will have their own administrative fees outside of this project. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to Open the Public Hearing at 7:12 p.m. The motion carried unanimously. There was no public input. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to Close the Public Hearing at 7:13 p.m. The motion carried unanimously. Motion by Councilmember Howard, Seconded by Councilmember Knight to approve a resolution adopting the assessment roll for Project No. 11 -40, 133rd Avenue NW Reconstruction, in the amount of $1,500.00 per lot at a interest rate of 4.5% for eight years. The motion carried unanimously. (See Resolution R104 -12) PUBLIC HEARING 12013 -2017 CAPITAL IMPROVEMENT PLAN City Administrator Dickinson stated the City Council is requested to hold a Public Hearing to © provide an opportunity for the public to comment on the proposed 2013 -2017 Capital Improvement Plan (CIP). He stated the City is not required to hold a public hearing but the public hearing is held to allow the opportunity if it presents itself to use a bonding method called capital improvement plan bonds which the City may use next year. He advised that the CIP © Regular Andover City Council Meeting Minutes — October 16, 2012 Page 4 includes approximately $7.1 million worth of expenditures and 43% of that amount represents the City's streets and highways followed by expenses for roof replacement at City Hall and the fire stations. He stated park projects represent 11.45% which is higher than normal because of the City's investment in park land on 16155 Avenue and Tulip Street. He indicated the CIP will be posted on the City's website and includes a fiscal analysis that identifies how projects will be funded. Councilmember Trude stated the City Council reviewed the CIP over the last four months and staff continues to keep a tight watch on spending and looking at equipment replacement only when a cost benefit analysis shows it is time to replace aging vehicles with the bulk of the CIP focused on keeping the City's streets maintained and the Fire Department equipped with proper equipment to provide public safety. Motion by Councilmember Knight, Seconded by Councilmember Howard, to Open the Public Hearing at 7:19 p.m. The motion carried unanimously. There was no public input. © Mayor Gamache asked if the street projects for 2013 were finalized and letters sent to residents. City Engineer Berkowitz stated that projects for 2013 and 2014 are fixed but other years can change depending on road conditions, adding that in the next month the City will send follow -up letters regarding neighborhood meetings. He indicated that 159' Avenue was moved up to 2013 because of a culvert failure while Makah Street will be done in 2014. Councilmember Howard asked if the Nightingale Street reconstruction will include continuing the trail connections that currently dead end. City Engineer Berkowitz replied in the affirmative and stated the City is evaluating an off - street trail on the east side of Nightingale that ties into the existing trails and taking it up to 157th Avenue. He stated that 2014 improvements identified more State Aid routes, an overlay for Prairie Road and mill and an overlay on Station Parkway. City Administrator Dickinson stated that Mr. Michael Olsen submitted a letter for the record that included a question related to the Comprehensive Plan and its relationship to the statute as to planning and reviewing. He indicated the CIP is part of the implementation of the Comprehensive Plan and includes items actively updated by the City including the park improvement plan and the City believes that the current process meets the spirit of the law. Motion by Councilmember Knight, Seconded by Councilmember Howard, to Close the Public Hearing at 7:25 p.m. The motion carried unanimously. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve the 2013- © Regular Andover City Council Meeting Minutes — October 16, 2012 Page 5 2017 Capital Improvement Plan (CIP) as presented. The motion carried unanimously. (See Resolution R105 -12) CONTINUE CONSIDERATION OF CONDITIONAL USE PERMIT FOR OFF SALE LIQUOR/1851 BUNKER LAKE BOULEVARD NW — WAL MART REAL ESTATE TRUST Community Development Director Carlberg stated the City Council tabled this item at its August 21, 2012, meeting at the request of the applicant to allow the applicant to make application for an off -sale liquor license to be concurrently reviewed with the CUP request. He noted that since the August 21" meeting, additional information has been received including a memo from Mr. Richard Snyder legal counsel for Wal -Mart that addresses the CUP review criteria and items of concern raised by the City Council. Mayor Gamache recited findings and introduced a resolution which is for a denial of the request for a conditional use permit and stating the City Council has determined that the proposed location of the off -sale liquor store does not constitute an exclusive liquor store as required by City Code. City Administrator Dickinson distributed the resolution introduced by Mayor Gamache and provided a copy for the public record. © Motion by Mayor Gamache, Seconded by Councilmember Trude, to approve a resolution denying the Conditional Use Permit for Off -Sale Liquor on property located at 1851 Bunker Lake Boulevard NW. Councilmember Trude stated this resolution includes the discussion items the City Council had on August 21" when originally presented with the CUP request that was combined with outdoor sales and storage and includes the concerns she has previously stated, adding that she felt the resolution speaks for itself. She stated the community has talked to the City Council, sent emails and letters, there has been public testimony and ongoing discussion regarding this issue and the City Council is charged with planning the future of the community. She stated in her research of the City Code, Zoning Regulation, there is a definition under "use, conditional" that further supports this resolution. She suggested the addition of one more "whereas" clause that states the City Council is charged through the City Code with determining whether there is a need for a particular use at a particular location and the City Council has determined there is not a need at this particular location. She stated the Code definition that states either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration, in each case of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted by the governing body. Councilmember Trude also added that this is also in line with the general provisions of conditional uses and the general ® purpose and intent of the criteria for granting conditional use permits and the effect of the proposed use on the comprehensive plan. Councilmember Trude stated the comprehensive plan is an important document and as planners of the community the Council needs to take into consideration other commercial areas of the community. Councilmember Trude also indicated © Regular Andover City Council Meeting Minutes — October 16, 2012 Page 6 she is concerned about the lack of exclusive with this application. She stated the City has a diverse community and residents have expressed concern about protecting the children in the community and teaching them about safe consumption of alcohol. Mayor Gamache accepted the additional "whereas" to his motion. Mr. Richard Snyder representing Wal -Mart appeared before the City Council and stated the City Council has his letter in the record which provides his legal analysis. He stated they feel the criteria for the Comprehensive Plan does not limit this particular use at this particular location and that this is an authorized use. He added the store is a liquor store selling exclusively liquor except other items authorized by ordinance in a shared building where the rest of the store will have a separate entrance, noting it is not a combined operation. Mayor Gamache respectfully disagreed with Mr. Snyder. Councilmember Trade indicated that when you google Wal -Mart you can view available liquor and that would add to her concern of lack of exclusivity. © The motion carried unanimously. (See Resolution R106 -12) CONSIDER ISSUANCE OFAN OFF -SALE INTOXICATION LIQUOR LICENSE FOR WAL MART STORES, INC. —1851 BUNKER LAKE BOULEVARD NW Councilmember Trade indicated that in reviewing the application for a liquor license there were a number of items missing and items 3 -4 were incomplete. She stated the taxes have not been paid on the site and Wal -Mart is not the owner of the property. Motion by Councilmember Trade, Seconded by Councilmember Howard, to deny the Off -Sale Intoxicating Liquor License for Wal -Mart Stores Inc. for the property located at 1851 Bunker Lake Boulevard NW based on the input received at the August 21, 2012, public hearing and the previous City Council discussions, particularly at the August 21, 2012, City Council meeting, including the specific findings. Mayor Gamache suggested adding to the denial motion, that it should also be noted that there is lack of a conditional use permit. Councilmember Trade and Councilmember Howard accepted Mayor Gamache's suggestion. City Administrator Dickinson noted that certain items on the application were redacted. Councilmember Trade stated that Wal -Mart is not the property owner and the current owner could not receive a liquor license because the taxes were not paid and as prospective owners, Wal -Mart could have a liquor license issued if they paid the taxes. She requested that it be noted that Wal -Mart is incorrectly stated on the application and she preferred that the application be © Regular Andover City Council Meeting Minutes — October 16, 2012 Page 7 stated accurately. She stated this is an area where the City has a lot of discretion and there are a number of reasons to deny this application. She stated one area that stands out is that the liquor store is located in a vestibule shared with people going in to the grocery store, also she stated concerns with the same name and same owner and if a violation of the liquor laws occurs, she was not sure if the primary store would be impacted. Mayor Gamache offered the applicant the opportunity to comment. The applicant declined to comment. The motion carried unanimously. APPROVE REZONING — 158 73 LINNET STREET NW Community Development Director Carlberg stated the property owner has submitted a request to rezone a portion of the parcel located at 15873 Linnet Street NW from R -1, Single Family Rural, to R-4, Single Family Urban, to allow the property owner to request a lot split to create one urban residential lot and utilize the available municipal sewer and water services in the area. 4 Councilmember Bukkila asked if this type of rezoning is common. Community Development Director Carlberg stated it is not uncommon for properties in the urban service area to carve off pieces of property and connect to City utilities. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve an ordinance amending City Code Title 12 -3 -4, Zoning District Map of the City of Andover. The motion carried unanimously. (See Ordinance 422) APPROVE LOT SPLITIVARIANCE — 158 73 LINNET STREET NW Community Development Director Carlberg stated the property owner proposes to create a new 0.56 -acre R -4 lot and retain a 2.0 -acre R -1 lot for an existing home. He advised the variance is to reduce the lot from the 2.5 acre requirement down to 2.0 acres and the Planning Commission recommended approval with a number of conditions including park dedication fees. He noted that in the event the septic fails on the 2.0 acre parcel the house would be required to connect to City sewer and water. Motion by Councilmember Knight, Seconded by Councilmember Trude, to approve a resolution approving a lot split to subdivide into two parcels and a variance to reduce the lot size in the R -1, Single Family Rural District for the property located at 15873 Linnet Street NW. The motion © carried unanimously. (See Resolution R107 -12) Councilmember Trude stated if it suits the applicant's plans at some point and if the City chooses to vacate the easement it might be a wise step so that piece of land is cared for. H Regular Andover City Council Meeting Minutes — October 16, 2012 Page 8 City Administrator Dickinson agreed to have the Planning Commission speak with the applicant to see if he is interested in this. AMEND CITY CODE 12 -3 -5 — REDUCE REAR YARD SETBA CK REQ UIREMENTS IN INDUSTRIAL AND COMMERCIAL DISTRICTS Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve an ordinance amending the City Code to reduce the rear yard setback requirements to twenty -five (25) feet for Commercial and Industrial Zoned Districts. Community Development Director Carlberg stated the City Council is requested to consider an amendment to the City Code to reduce the rear yard setback requirements from 40' to 25' in the Commercial and Industrial Districts. He stated this change reduces the setback to a reasonable setback requirement to allow development of commercial and industrial property to the best extent possible. He noted the setback will not be changed in abutting residential areas where the setback will remain 35' in commercial areas and 75' in industrial areas that are adjacent to residential areas. He added this change will bring the City Code into conformance with other cities. Councilmember Trade requested clarification on the setback for areas adjacent to residential properties and asked how the setback is calculated. She asked if Target would sit closer to Station Parkway if it were built today. Community Development Director Carlberg explained the setback is calculated from the rear yard lot line abutting a property line. He added this amended setback would be applied to rear yards not backing onto a street, but backing up to a commercial or industrial parcel. The motion carried 4 -1 (Councilmember Trade opposed). (See Ordinance 423) SCHEDULE NOVEMBER EDA MEETING Motion by Councilmember Trade, Seconded by Councilmember Howard, to schedule an EDA Meeting at 6:00 p.m. on November 20, 2012, prior to the City Council Meeting. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding © administration activities relative to the Youth First Board and Anoka County Community Consortium. He reported on his attendance at the Anoka County Broadband governance meeting and stated there has been a request for the next steps regarding capacity and how that capacity will be used and prioritized given the increasing demand by colleges and their use of the capacity Regular Andover City Council Meeting Minutes — October 16, 2012 Page 9 particularly if they are doing video streaming. He stated at some point capacity could become an issue and the cities are saying they should have priority. He stated he will attend the Met Council meeting on October 23'd where the SAC workgroup will be making a recommendation to the Met Council; 18 individuals participated in the workgroup to deal with issues resulting from the SAC charge. He stated that open space negotiations are moving along and negotiations for the EDA are moving along. He stated that absentee voting has been steady and City Hall staff are available to assist with absentee voting. He indicated that the City is working with the County on testing for the elections. He added that four new homes were added last week and the City is currently at 66 new homes. He stated the City should end the year at over 75 new homes not including the new 71 -unit Arbor Oaks development. MAYOR/COUNCIL INPUT Councilmember Bukkila stated she attended the fundraiser for the Lee Carlson Mental Health and Wellness Center last Friday night and they were fortunate to exceed their goal of $25,000. She stated she participated in the Girl Scouts Day of Service at Oakview Middle School where they cleaned and raked the sewer grates and spray painted the gutters to remind residents not to put grass clippings in the drains. She thanked Sue Doll for helping with the Day of Service. Councilmember Trade reported that the Anoka County Library received a $117,000 grant to provide the library with a program at the Community Center that will help children after school and they can obtain books and download books as well as drop off books. She stated this location is five miles from the closest library and will offer iPad type equipment that children can use to download material when involved in community center activities. She indicated the library is asking the City to appoint someone to serve on the project team and she would like to serve if the City Council supports her continued role. The City Council is supportive of Councilmember Trade serving. Councilmember Trade stated she has also been working on the task force on elections and the cities are being asked to sign a joint powers agreement. She indicated the City's cost over ten years is $69,000 and includes some maintenance and ongoing services the City has not had in the past. City Administrator Dickinson stated that the School Districts have agreed to participate and share in the cost which will reduce the City's cost. Councilmember Trade stated that Cindy Reichert has requested that she attend a workshop to review the joint powers agreement and the agreement will be on a future City Council agenda. Q City Administrator Dickinson noted that the City commented earlier on the joint powers agreement. Mayor Gamache stated he will attend an Anoka County elected officials meeting on October 24`' Regular Andover City Council Meeting Minutes — October 16, 2012 Page 10 with Mayor Ryan, Anoka County Board Chair Sivarajah and Jerry Soma and requested that the City Council forward any items to him that he should bring to the meeting. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:13 p.m. Respectfully submitted, Barbara Hughes, Recording Secretary x H Regular Andover City Council Meeting Minutes — October 16, 2012 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 16, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — HOMELESS AWARENESS MONTH - NOVEMBER ............................. 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Health Insurance Renewal and Employer Contribution . ............................... 2 Item 4 Approve Closing City Offices Christmas Eve ............................... ............................... 2 Item 5 Approve Change Order #2/11 -10 /South Coon Creek Drive NW Reconstruction (See ResolutionR103- 12) ............................................................................ ............................... 2 Item 6 Approve Joint Powers Agreement/Anoka County Assessment Service Contract........ 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /11- 40/133 AVENUE NW RECONSTRUCTION (See Resolution R104 -12) ...................................... ............................... 3 PUBLIC HEARING /2013 -2017 CAPITAL IMPROVEMENT PLAN (See Resolution R105 -12)3 CONTINUE CONSIDERATION OF CONDITIONAL USE PERMIT FOR OFF -SALE LIQUOR/1851 BUNKER LAKE BOULEVARD NW — WAL -MART REAL ESTATE TRUST (See Resolution R106- 12) .............................................................. ............................... 5 CONSIDER ISSUANCE OF AN OFF -SALE INTOXICATION LIQUOR LICENSE FOR WAL- MART STORES, INC. — 1851 BUNKER LAKE BOULEVARD NW ...... ............................... 6 APPROVE REZONING —15873 LINNET STREET NW (See Ordinance 422) .......................... 7 APPROVE LOT SPLIT/VARIANCE — 15 873 LINNET STREET NW (See Resolution R107 -12) ..................................................................................................................... ............................... 7 AMEND CITY CODE 12 -3 -5 — REDUCE REAR YARD SETBACK REQUIREMENTS IN INDUSTRIAL AND COMMERCIAL DISTRICTS (See Ordinance 423) . ............................... 8 SCHEDULE NOVEMBER EDA MEETING ................................................. ............................... 8 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 S