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HomeMy WebLinkAboutCC - October 2, 2012C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 © FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, October 2, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Girl Scouts' Centennial Day of Service on October 13, 2012 Resident Forum Agenda Approval 1. Approval of Minutes (9/18/12 Regular; 9/18/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Receive Assessment Roll/Order Public Hearing/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147 "' Avenue NW) /2012 Street Reconstruction —Engineering 4. Approve Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/12- 32/2118 -2120 — 140th Lane NW /WM — Engineering 5. Approve Resolution/Request Anoka County to Conduct Speed Study - Andover Blvd. NW from Hanson Blvd. NW to Railroad Tracks — Engineering 6. Appoint Election Judges for the General Election — Administration 7. Declare Costs, Order Assessment Roll & Schedule Public Hearing/2012 Delinquent Utility Service © Charges, Mowing Fees, Tree Removal, False Alarm Fines & Misc. Abatement Fees — Finance 8. Approve Funds Transfer /40 Acre Park Improvements — Finance 9. Approve Sub -Lease — Subway LLC — Community Center Discussion Items 10. Public Hearing: Vacation of Easement Request —1459 - 160`h Lane NW— Jeff and Mary Tullbane — Planning 11. Consider an Amendment to the City Code 12 -2 -2 Definitions — Hours of Operation — Planning Staff Items 12. Schedule October Council Workshop — Administration 13. Administrator'sReport — Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Update Property Negotiations PID #s 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, 11- 32 -24 -24 -0001, & 11- 32 -24 -22 -0001 Adjournment H 1�: J ANDOVER47* Q.� REGULAR ANDOVER CITY COUNCIL MEETING — OCTOBER 2, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 2, 2012, 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 (arrived at 7:01 p.m.) 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 PLEDGE OFALLEGL4NCE PROCLAMATION— GIRL SCOUTS' CENTENNIAL DAY OFSERVICE ON OCTOBER 13, 2012 Mayor Gamache read a proclamation declaring October 13, 2012 as Girl Scouts' Centennial Day of Service. The Girl Scouts will be working to clear storm grills of lawn and natural debris. A Girl Scout in attendance stated the Girl Scouts have been working on their color flag for the Girl Scout Flag Ceremony. They handed out flyers regarding the negative effects of debris in the storm water system. Councilmember Bukkila stated the clean up would start at the Oak View Middle School. She thanked the Girl Scouts for their hard work in the community. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL City Administrator Dickinson stated revised Closed Session Meeting Minutes for September 18th were e- mailed to the Council for approval. Regular Andover City Council Meeting Minutes — October 2, 2012 Page 2 Motion by Councilmember Knight, Seconded by Councilmember Trade, to approve the Agenda as presented with the addition of the revised closed session meeting minutes for September 18, 2012. Motion carried unanimously. APPROVAL OF MINUTES September 18, 2012 Regular City Council Meeting Councilmember Trade stated on page 8, lines 34 and 35, delete the last sentence. Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the September 18, 2012, Regular City Council minutes as amended. The motion carried unanimously. September 18, 2012 Closed City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the revised September 18, 2012, Closed City Council Meeting minutes e- mailed to the Council on October 2, © 2012 as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Receive Assessment Roll /Order Public Hearing/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) and 12 -2c (1470' Avenue NW) /2012 Street Reconstruction (See Resolution R097 -12) Item 4 Approve Assessment Roll/Waive Public Hearing/Adopt Assessment Roll /12- 32/2118 -2120 —140a' Lane NW/WM (See Resolution R098 -12) Item 5 Approve Resolution/Request Anoka County to Conduct Speed Study — Andover Boulevard NW from Hanson Boulevard to Railroad Tracks (See Resolution R099- 12) Item 6 Appoint Election Judges for the General Election (See Resolution R100 -12) Item 7 Declare Costs, Order Assessment Roll and Schedule Public Hearing/2012 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines, and Miscellaneous Abatement Fees (See Resolution R101 -12) Item 8 Approve Funds Transfer /40 Acre Park Improvements Item 9 Approve Sub -Lease — Subway LLC Motion by Councilmember Knight, Seconded by Councilmember Bukkila, for approval of the Consent Agenda as presented. Motion carried unanimously. x © Regular Andover City Council Meeting Minutes — October 2, 2012 Page 3 PUBLICHEARING. VACATIONOFEASEMENTREQUEST- 1459160THLANENW —JEFF AND MARY TULLBANE Community Development Director Carlberg stated the property owner Mr. Heath Burris, Tristar Homes LLC and applicants Jeff and Mary Tullbane are requesting a vacation for a portion of an existing easement. Currently Tristar Homes LLC is the owner of the vacant lot. Building plans have been submitted to construct a residential house on the property and as part of the project, Mr. and Mrs. Tullbane would like to add an in- ground pool. The pool would encroach into the existing easement. The City Engineer has reviewed the proposal. There are no utilities, drainage, or ponding in the easement. Therefore there are no issues with the request. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to Open the Public Hearing at 7:11 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 7:12 p.m. The motion carried unanimously. © Motion by Councilmember Bukkila, Seconded by Councilmember Knight to approve a resolution granting the Vacation of Easement on Lot 1, Block 1, Maple Hollow. The motion carried unanimously. (See Resolution R102 -12) CONSIDER ANAMENDMENT TO THE CITY CODE 12 -2 -2 DEFINITIONS — HOURS OF OPERATION Community Development Director Carlberg stated the City Council is requested to review and consider an amendment to the City Code 12 -2 -2 defining continuous and non - continuous hours of operation. The City Council at their August 28, 2012 workshop, in accordance with Section 12 -14 -4, initiated a text amendment to the City Code to clarify continuous and non - continuous hours of operation of businesses in the General Business District. The Planning and Zoning Commission discussed the proposed definitions at the September 11th workshop. The Commission revised the language provided by the Council. The Planning Commission also discussed other City regulations regarding hours of operation of businesses. The Commission evaluated the effect of restricting hours of operation by listing the pros and cons of implementing the definition of continuous and non - continuous hours of operation. The Commission, at the September 25, 2012 workshop continued the discussions on the definitions. The Commission was unable to come up with clear and definitive definitions and felt the adoption of hours of operation definitions required additional study to fully understand the implications to existing businesses as well as to new businesses interested in locating in Andover. The Commission was also concerned on what other districts these definitions should apply to. The Planning and Zoning Commission held a public hearing on September 25th and upon receiving public testimony recommended to the City Council denial of the requested text amendment. The denial Regular Andover City Council Meeting Minutes — October 2, 2012 Page 4 was based on the premise that the effect of the ordinance amendment as proposed would render uses currently permitted in the City Code as no longer permitted or would alter them in such a way as to effect the business. The Commission found that the original proposed language of the text amendment had greater impacts and implications than merely clarifying hours of operation and that additional review and study was needed. Community Development Director Carlberg reviewed with the Council continuous and non- continuous operation definitions that include City Attorney and City Administrator recommendations. He also reviewed with the Council the updated definitions and an updated resolution that included the recommendations and a footnote reference for the 12 -12 -12 Zoning Use Chart. Mayor Gamache stated the Council has found through discussion that a clarification of what the City's intent is for continuous and non - continuous hours of operation is necessary. He stated he would support adding these definitions. A clear definition would make it possible for businesses to understand what the City expectations are. Mayor Gamache discussed the updated language recommended by Administration and the City Attorney noting the changes from what was originally proposed. Mayor Gamache read for the record the updated definition for continuous © operation, "describes a business that is open to the public for some portion of each hour of the 24 -hours in a day. It also includes a business that is open to the public for more than 5 hours of the overnight period beginning at 11:00 pm and ending at 7:00 am." The updated definition for non - continuous operation describes a business that closes to the public for at least 5 hours between the hours of 11:00 pm and 7:00 am each day of the week. Mayor Gamache identified that the updated resolution provided for footnote #10 which states "see 12 -2 -2 for definitions of continuous operation and non - continuous operations." Mayor Gamache stated the Council's is in receipt of all the minutes for the Planning and Zoning Commission meeting on this topic, including the public hearing testimony. Councilmember Bukkila stated she is currently not in favor of this proposed amendment, not saying she is not in favor of an amendment though. She stated there is a process for amendments to follow and this particular amendment has been pushed through the process rather quickly. The Planning Commission has expressed concerns with these definitions and the impact it would have on other districts in the City. She stated definitions may be needed but she would like to allow the Planning Commission the time needed to review the impacts and make a recommendation. The City Council should rely on the Planning Commission to thoroughly review the proposal and do their due diligence for the City. There was a unanimous decision to recommend denial and she would support this recommendation. The City Council should work © with the Planning and Zoning Commission. The City has worked to make the City more competitive for businesses and these definitions in the current state are limiting and create greater obstacles for businesses. It would be appropriate to allow the Planning Commission additional time to continue their discussions and do their jobs. ® Regular Andover City Council Meeting Minutes — October 2, 2012 Page 5 Councilmember Knight asked Councilmember Bukkila if she thought this should go back to the Planning Commission. Councilmember Bukkila stated she would be supportive of that. Councilmember Trade stated she had attended the Planning and Zoning Commission workshop and the Planning Commission had not expressed concerns with the language for the definitions but they were focused on the bigger picture and the impacts to other districts in the City. Residents have expressed interest in having more clarity in the City's codes and the City Attorney has reviewed the language as well. The definitions clearly spell out for a business what would be considered continuous and non - continuous operations. There should not be any confusion that as long as a business is closed for at least 5 -hours between the hours of 11:00 p.m. and 7:00 a.m. this would be considered non - continuous operation. She stated she would be supportive of the proposed definitions and the addition of a footnote to the Zoning Use Chart found in 12- 12 -12. Councilmember Trude indicated that she had submitted a memo that is in the packet that helps address the concerns she has been hearing from the residential comments made at the public hearing. Councilmember Trude motioned approval of an ordinance amending the City Code to add definitions of continuous and non - continuous hours of operation. Also adding the footnote #10 to the use chart stating "see 12 -2 -2 for definitions of continuous and non - continuous operation. City Administrator Dickinson indicated that he would be placing copies of the updated resolution at the public copy table since the document is being introduced to the public record. Councilmember Bukkila clarified the definitions being proposed are not confusing. She believes the Planning Commission felt rushed to make a recommendation without doing its due diligence and therefore recommended denial. She agrees that the Planning Commission should continue to do its job and look at the bigger picture and the impacts these definitions would have on the City. There are concerns about requiring a business to be closed for 5 -hours and this should be considered prior to adopting the language proposed. Restated Motion by Councilmember Trade was to approve an ordinance amending the City Code to add definitions of continuous and non - continuous hours of operation as proposed including the addition of a footnote to the Zoning Use Chart in 12- 12 -12. The new resolution of approval introduced at this evening's meeting. Councilmember Howard asked what in particular is confusing. Councilmember Bukkila stated the City should not rush amending the City Code until the impacts of these definitions can be reviewed. She expressed concerns about the number of hours © required to be closed to be considered non - continuous operation. These are overly restrictive and to remove 5 -hours from a business day is extreme. She would like to see if there are other alternatives that the City could consider. Adding a definition is rash and could be detrimental to the City's future. Regular Andover City Council Meeting Minutes — October 2, 2012 Page 6 Mayor Gamache stated there was a motion on the table and asked if there was a second. Second: Councilmember Howard seconded the restated motion. Councilmember Knight asked Councilmember Bukkila if there is disagreement just on the non- continuous operation definition. Councilmember Trade also stated the Planning Commission had spent more time discussing the impacts to other districts in the City than on the definitions. The City Code needs to have clarity on what the City intends to be considered continuous and non - continuous operation. Councilmember Trade asked if the Council should review the use chart and the zoning map in order to better understand or limit confusion. Councilmember Bukkila stated she agrees with the definition from the Planning Commission for continuous operation from the September 11"' workshop. Community Development Director Carlberg stated the Planning and Zoning Commission indicated they would like to have more time to review the definitions and how they would be ® applied to all the districts in the City. There is a process for amendments like these to follow and this particular amendment should follow that same process and the Planning and Zoning Commission should be allowed to review it properly. At this time the Planning and Zoning Commission is not in favor of these definitions. These definitions should be allowed to go back to the Planning and Zoning Commission for additional review with a potential joint meeting with the City Council. Councilmember Trade stated the proposal to add definitions is simply clarifying and should not be considered in conjunction with the chart. The new definitions are simply clarifying terms that are used in the City's Zoning Chart. She stated nothing in the zoning code use table is changing. Councilmember Trade reviewed the use chart with the Council. Councilmember Trade stated the amendment would address the concerns from the residents. The Planning Commission does not get the same public input the Council does because their phone numbers are not published on the website like the City Council members are. Councilmember Bukkila stated regardless of who receives the majority of the public comments it is the City Council's responsibility to do what is right for the continued growth of the City. The motion was called to a vote. The motion carried 4 ayes, 1 nay ( Bukkila). (See Ordinance © 421) SCHEDULE OCTOBER COUNCIL WORKSHOP © Regular Andover City Council Meeting Minutes — October 2, 2012 Page 7 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to schedule a City Council Workshop at 6:00 p.m. on October 23, 2012. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, legislative activities, development and CIP projects, and upcoming meetings and community events including open space negotiations, construction at Parkside at Andover Station beginning, and the progress of the South Coon Creek Drive reconstruction project. He stated the October Council workshop would include discussions on the 40 -acre park on Tulip Street and the swimming pool at Oak View Middle School. Governor Dayton's office has identified that he is willing to talk with the North Metro Mayors Association Mandate Review Committee to discuss mandates that municipalities may see as undue burdens or unnecessary. Storm water is one of the major issues that will be discussed and the impacts and costs associated with this. The next monument sign will be installed on Round Lake Boulevard. The site for the future Recycling Center is being prepared for concrete work. There have been 61 new home permits this year and an additional 71 with the Arbor Oaks project. Absentee voting has been going on at City Hall as well. He reminded residents to keep a watchful eye for vandalism and to call 911 to report any incidents. Mayor Gamache asked if there are any additional burning restrictions in place. City Administrator Dickinson stated there are no additional burning restrictions. There will be an Open House at Andover Fire Station #1 and Andover Fire Station #3 from 1:00 p.m. to 3:00 p.m. on Saturday, October 6t'. Councilmember Knight asked if the County was running Wi -Fi. City Administrator Dickinson stated the Connect Anoka County Broadband project is currently underway. The fiber lines in the southern half of the County is primarily underground and the northern half is overhead. Councilmember Howard asked if it was a possibility that the pool would open at Oak View Middle School. City Administrator Dickinson stated initial dialogue is there may be interest. There is nothing substantial to report at this time. In past discussions with the YMCA there is interest in utilizing the facility. The primary issue is how much usable time would be available if it were opened. Past discussions also included concerns about segregating the access to the pool from the school and parking problems. These things will need to be discussed and resolved. MAYOR/COUNCIL INPUT (Lee Carlson Mental Health Roof Raising Event) Councilmember Bukkila stated now through Regular Andover City Council Meeting Minutes — October 2, 2012 Page 8 October 12th, several local elected officials are working on the Lee Carlson Mental Health Roof Raising event. The goal is to raise $25,000 before October 12th otherwise they will need to camp out on the roof. (Girl Scout Centennial Event) Councilmember Bukkila stated October 136, is the Girl Scout event to clean -up starting at Oak View Middle School. (Local Candidate Forum) Councilmember Trude stated the local candidates would be available at 6:30 p.m. on Monday, October 8th at City Hall to answer resident's questions. The League of Women Voters will moderate the event and this event will be replayed on QCTV. There are two (2) Council elections that will be separately listed on the ballot. There are three (3) candidates for the 4 -year term and two (2) candidates for the 2 -year term. The local Senate District officials have also been invited, but it is not known at this time if they will be attending. Mayor Gamache stated City Hall had hosted an event on September 27th for the local Senate District. Two (2) Senate candidates and two (2) House candidates were present. Councilmember Trude stated the City Council candidates would each have a 100 -word statement in the next Andover Today newsletter. RECESS Mayor Gamache recessed the regular City Council meeting at 7:53 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations, Property Negotiations for PID #11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, 11- 32 -24 -24 -0001, and 11- 32 -24 -22 -0001. The City Council reconvened at 8:18 p.m. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:19 p.m. Respectfully submitted, Tina Borg, Recording Secretary H ® Regular Andover City Council Meeting Minutes — October 2, 2012 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 2, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — GIRL SCOUTS' CENTENNIAL DAY OF SERVICE ON OCTOBER 13, 2012 ............................................................................................................. ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Receive Assessment Roll /Order Public Hearing/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) and 12 -2c (147th Avenue NW) /2012 Street Reconstruction (See Resolution R097- 12) .................................................................... ............................... 2 Item 4 Approve Assessment Roll/Waive Public Hearing/Adopt Assessment Roll /12- 32/2118 -2120 —140'h Lane NW/WM (See Resolution R098 -12) ....... ............................... 2 Item 5 Approve Resolution/Request Anoka County to Conduct Speed Study — Andover Boulevard NW from Hanson Boulevard to Railroad Tracks (See Resolution R099 -12) ... 2 Item 6 Appoint Election Judges for the General Election (See Resolution R100- 12) ............. 2 Item 7 Declare Costs, Order Assessment Roll and Schedule Public Hearing/2012 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines, and Miscellaneous Abatement Fees (See Resolution R101- 12) ................. ............................... 2 Item 8 Approve Funds Transfer /40 Acre Park Improvements .................. ............................... 2 Item 9 Approve Sub -Lease — Subway LLC .............................................. ............................... 2 PUBLIC HEARING: VACATION OF EASEMENT REQUEST — 1459 160TH LANE NW — JEFF AND MARY TULLBANE (See Resolution R102 -12) ..................... ............................... 3 CONSIDER AN AMENDMENT TO THE CITY CODE 12 -2 -2 DEFINITIONS — HOURS OF OPERATION (See Ordinance 421) ............................................................ ............................... 3 SCHEDULE OCTOBER COUNCIL WORKSHOP ....................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 (Lee Carlson Mental Health Roof Raising Event) ....................................... ............................... 7 (Girl Scout Centennial Event) ...................................................................... ............................... 8 (Local Candidate Forum) ............................................................................. ............................... 8 C