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HomeMy WebLinkAboutCC - August 21, 2012C I T Y O F ND OVER !IF © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, August 21, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/8/12 Regular) Consent Items 2. Approve Payment of Claims —Finance 3. Order Improvement /Order & Approve Plans & Specs /Order Advertisement for Bids /07- 20/Parkside at Andover Station 3`d Addn. — Engineering 4. Approve Change Order #1/11 -10 /South Coon Creek Drive NW Reconstruction — Engineering 5. Award Quote /12 -7 & 12- 12/2012 Trail Maintenance & 2012 Parking Lot Maintenance - Engineering 6. Accept Petition/Order Feasibility Report/12- 32/2118/2120 —140'` Lane NW/WM - Engineering 7. Approve Fee Ordinance No. 400 — Community Center 8. Approve Application for Exempt Permit /Andover Lions — Administration 9. Accept Contribution/Sweet Toppings LLC/Hickory Meadows Park - Finance © Discussion Items 10. Anoka County Sheriff s Office Monthly Report - Sheriff 11. Consider Preliminary Plat/Walmart of Andover Station/1851 Bunker Lake Boulevard NW - Wal -Mart Real Estate Trust — Planning 12. Consider Conditional Use Permit/ Off -sale Liquor & Outdoor Display, Storage & Sales /1851 Bunker Lake Boulevard NW — Wal -Mart Real Estate Trust — Planning 13. Discuss Accessory Structure Building Permit/3047 - 173`d Lane NW - Engineering Staff Items 14. Receive update on Grey Oaks Homeowners Association Documents - Planning 15. Administrator's Report —Administration 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 Property Negotiations PID# 29- 32 -24 -44 -0022 Mayor /Council Input Adjournment E kNDOVEA REGULAR ANDOVER CITY COUNCIL MEETING — A UGUST 2I, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 21, 2012, 7:06 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 Director Public Works /City Engineer David Berkowitz Community Development Director David Carlberg City Attorney Scott Baumgartner Others PLEDGE OFALLEGL4NCE 0 RESIDENT FORUM Ms. Dawn Schnickels- Johnson, 1553 140th Lane NW, Andover, asked what the status was for a dog park in Andover by the ball fields. City Administrator Dickinson stated the City is talking with Coon Rapids, Anoka County and other surrounding communities in regards to a potential 5 -8 -acre dog park as part of the Bunker Hills Regional Park not by the ball fields. Mr. Kirk Nelson, 1369 1415' Lane NW, Andover, would like to see the City clean up the park south of 14151 Lane. He suggested this would be a good clean -up project for the Boy Scouts. He also stated the area under the railroad bridge should be painted. City Engineer Berkowitz stated staff would contact the railroad about painting the bridge and look into what needed to be done along the Tom Anderson Trail. Councilmember Bukkila stated residents should call City Hall if they find areas in the City in need of repair or maintenance. Mr. Nelson stated he would also like to see something done with the railroad crossing along Andover Boulevard because this crossing is extremely rough. City Engineer Berkowitz explained this particular crossing has two (2) sets of tracks and they are at different levels. The County did do some work on the road to lessen the impact but the only way to fix the problem would be for the railroad to remove and replace several hundred feet of Regular Andover City Council Meeting Minutes —August 21, 2012 Page 2 railroad track to level them. Staff can talk to BNSF regarding this crossing. Councilmember Trade suggested staff inform BNSF that the County had addressed their problems with this intersection. AGENDA APPROVAL City Administrator Dickinson stated Consent Item #7 should be changed to read Approve Fee Ordinance No.420. Councilmember Bukkila request Consent Item #7 be pulled for discussion. Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES © August 8, 2012 Regular City Council Meeting Councilmember Trade stated on page 4, lines 20 -21, be changed to read " Councilmember Trade stated it would be helpful if the residents could obtain something in writing explaining why their Board thinks Grey Oaks is not senior housing." Councilmember Trade stated on page 9, line 42 the word "both" should be replaced with "one side of the road ". Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve the August 8, 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Order Improvement/Order and Approve Plans and Specifications /Order Advertisement for Bids /07- 20 /Parkside at Andover Station 3rd Addition (See Resolution R073 -12) Item 4 Approve Change Order #1 /11 -10 -South Coon Creek Drive NW Reconstruction (See Resolution R074 -12) Item 5 Award Quote /17 -7 and 12- 12/2012 Trail Maintenance and 2012 Parking Lot Maintenance © Item 6 Accept Petition/Order Feasibility Report/12- 32/2118/2120 —14e Lane NW/WM (See Resolution R075 -12) Item 8 Approve Application for Exempt Permit /Andover Lions Item 9 Accept Contributions /Sweet Toppings LLC /Hickory Meadows Park (See © Regular Andover City Council Meeting Minutes — August 21, 2012 Page 3 Resolution R076 -12) Motion by Councilmember Trude, Seconded by Councilmember Howard, for approval of the Consent Agenda as amended. Motion carried unanimously. ANOKA COUNTYSHERIFF'SMONTHLYREPORT Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for June 2012 including 6 DUI arrests, 2 domestic arrests, burglary of a business, an interrupted burglary in progress, a motorcycle personal injury accident, and a pedestrian hit and run with the owner filing a false report stating the car had been stolen. He stated there has been an increase in thefts from vehicles. He reminded residents to lock their cars and homes and keep their valuables out of sight. Councilmember Bukkila asked who would receive calls pertaining to marijuana growing along the road. Councilmember Halweg stated the property owner would be responsible for the removal of these plants. CONSIDER PRELIMINARY PLATIRAL MART OF ANDOVER STATION /1851 B UNKER LAKE BOULEVARD NW— WAL -MART REAL ESTATE TRUST Community Development Director Carlberg stated the proposed plat would divide the existing 26.99 acre parcel into a lot of 19.69 acres, an outlot of 6.38 acres, dedicated right -of -way for Jay Street NW (.92 acres), and establish drainage and utility easements for utilities, ponding and wetland areas. He explained what the surrounding properties were and the types of businesses operated. He also stated there are 16 -acres of wetlands to the west of the property that are owned by the City and will not be developed and the City has purchased the remaining property for Parkside at Andover Station and will be re- platting this for single - family homes. He explained the applicants are not requesting rezoning of the property and there are no variances from City Codes being requested. Access and grading issues remain but it is not unusual for these items to be resolved after plat approval due to the lengthy review time by the ACHD and the level of detail that is needed to achieve a final grading plan. He reviewed the crime relative to Wal -Mart stores in the surrounding communities. The Blaine location averages 1 -2 calls per week and the Coon Rapids and Elk River locations average 1 -2 calls per day. The types of calls typical for these locations are handicap parking violations, shoplifting and vehicle accidents in the parking © lots. While POVs had been in operation the types of calls included disturbing the peace, assault, thefts and DUI. There may be more police calls to Wal -Mart but the calls to POVs were more severe in nature. Mr. Erik Miller, MFRA, Inc., 14800 28th Avenue N. Plymouth, MN, presented a PowerPoint © Regular Andover City Council Meeting Minutes —August 21, 2012 Page 4 presentation to the Council and residents describing the proposed project, layout of the building, the wetlands including impacts and proposed changes, the complete site plan, the proposed outdoor storage areas including the garden area and recycling areas and the proposed landscaping and screening. He stated the number of parking stalls exceed the City's requirements by 40 stalls in order to accommodate the proposed outdoor seasonal sales area. He explained the proposed access points included a % intersection on Bunker Lake Boulevard. The Anoka County Highway Department has provided conceptual approval of this intersection. The Anoka County Highway Department has also reviewed the traffic study and impacts. He reviewed each of the intersections and the projected impacts and traffic patterns compared to current conditions and traffic patterns. He explained Wal -Mart's policies regarding idling of trucks and recycling. He also reviewed the lighting for the project including in the parking lot. He explained there would be two (2) lots created with the approval of the plat. The 19.69 -acres will be purchased by Wal- Mart and Mr. Povlitzki will retain ownership of the 6.38 -acre outlot. Coon Creek Watershed District has proved a letter providing preliminary approval of the grading and storm water plans for the project. He pointed out that the storm water would not be directed to Crooked Lake. Councilmember Trade asked for clarification regarding the trip count or percent of traffic that would be coming from Bunker to the east. Mr. Miller stated the overall traffic volume is projected to be 7,000 to 8,000 trips per day. The traffic study looked at the impacts for both the a.m. and p.m. peak hours. He stated the cumulative total from Hanson Boulevard to Jay Street would be 40 %. He explained the outbound turn movement is what changes the rating of this intersection from a B to a C. Councilmember Knight asked how the traffic counts and projected impact numbers had been obtained. Mr. Miller stated Wal -Mart worked with Wenck & Associates, Inc. Traffic is generally standardized at a national level. There is a manual called the ITE Manual, which identifies trip generation numbers for different stores based on square footage. This manual is used to prepare traffic impacts. He explained the traffic was evaluated for both the morning and evening peak travel times. The evening peak time evaluated was from 5:00 p.m. to 6:00 p.m. because this is typically the time when the level of service would be at its worst level. Councilmember Trade asked if the evaluation was based only on the peak p.m. travel data. Mr. Miller clarified both the a.m. and p.m. peak hours were evaluated but only the p.m. data was being presented to the Council at this time. The data pertaining to the peak a.m. hour was available for the Council to review. The County reviewed the data for both the a.m. and p.m. © peak hours and conceptually accepted the study that is being presented to the Council. Councilmember Trade asked what type of screening would be around the pond. Mr. Miller stated Wal -Mart would maintain an average depth requirement for the pond and for Q Regular Andover City Council Meeting Minutes —August 21, 2012 Page 5 safety reasons a fence around the pond would be required. At this time Wal -Mart is proposing a vinyl- coated fence. Wal -Mart does operate a progressive maintenance program for all storm water facilities nationwide. Wal -Mart would hire a third -party to maintain and inspect these storm water facilities to ensure they are functioning in accordance with the design standards and a third -party vendor would also be hired to review these facilities to make sure the programs are being managed correctly. At the store level the store operator would be responsible for making sure the day -to -day cleaning of the parking lot and storm water facilities was completed. Wal- Mart does not typically landscape within the high -water levels so the pond can function as a storm water basin. He pointed out the landscaping that would be done outside of the fence including trees and sod. Community Development Director Carlberg stated the City does not allow galvanized chain link fencing and there is a restriction of 4 -feet in height for this area. He clarified the proposed fence does comply with the City's Code. Councilmember Howard asked if Wal -Mart would consider other types of fencing that would provide a more aesthetic appearance. aMr. Miller stated this could be looked at during the landscaping process. Councilmember Trude stated the plans do not show a canopy over the outdoor garden display area. She asked if this area would be covered. Mr. Miller stated the outdoor seasonal garden area would be located in the parking lot and would not be covered. This area would include merchandise items such as perennials, shrubs, trees, gravel, pavers, and mulch. Larger items such as lawn mowers, patio furniture, and grills would be along the southeast and southwest corners of the building, along the sidewalk. Community Development Director Carlberg stated the resolution for approval does contain ten (10) conditions including Coon Creek Watershed District, DNR, Anoka County Highway Department, MPCA, and Corps of Engineers approvals, any necessary traffic impact study revisions required, and grading, drainage, and erosion control plan review and approval. Councilmember Bukkila stated 1 st Regents Bank would be losing an access point with the extension of the median. She asked if this had been reviewed with 1 st Regents Bank because their clientele would no longer have the option to take a right onto Bunker Lake Boulevard without going behind the building. Community Development Director Carlberg stated staff has talked withlst Regents Bank in © regards to the extension of the median and the loss of the left turn. He clarified on Jay Street there would be a right -in -right -out intersection replacing the current full access intersection. Mayor Gamache asked if the City had requested this median extension. © Regular Andover City Council Meeting Minutes —August 21, 2012 Page 6 City Engineer Berkowitz stated after the traffic study had been reviewed it had been determined the left movement, coming south on Jay Street, would need a longer turn lane. This had been reviewed with 1 st Regents Bank and they understand the need for closing this turn for safety reasons. Coming westbound (from Hanson) off Bunker Lake Boulevard there would only be a right -in to get to 1st Regents Bank. Community Development Director Carlberg stated this median extension is not just to accommodate the Wal -Mart development. There are several lots on Jay Street that will develop and if these improvements were not made it would make future traffic movement difficult. Councilmember Howard stated traffic patterns and impacts were not shown for 139th Lane and Hanson Boulevard. He asked if these impacts were known and if the turn lane on Hanson Boulevard, coming from the south, would be sufficient. City Engineer Berkowitz stated the County did comment on this intersection and they would like more evaluation and information regarding the southbound right turn lane. The City's left turn lane, coming out of Jay Street, going north on Hanson Boulevard would also need to be evaluated further. These intersections would be looked at during the traffic impact study. The Hanson © Boulevard improvements stopped at this intersection. There are currently existing problems on Hanson Boulevard. The City has been clear with the County that this would be a project the City would be interested in having done but at this time the County does not make those improvements unless they receive federal funding. Councilmember Howard asked if the loading dock screen wall would be high enough and long enough to completely screen trucks and trailers from view. He also asked if third -party vendors understood Wal -Mart's no idling policy for trucks. Mr. Miller stated the overall height of this wall would be 14 feet high and 70 -feet long from the building. A standard truck is 65 -feet long. He clarified third -party vendors are made aware of the no idling policy and this is enforced. Councilmember Trade stated Blaine has had problems with semi -truck drivers logging their sleep hours while parked in the parking lot and they run their trucks at that time. She asked how the no idling policy would be enforced in Andover when it was not enforced in Blaine. Mr. Miller stated he had not been aware of this particular problem. He stated Wal -Mart has expanded a secondary auxiliary motor on their semi - trucks. This runs the condensers for items such as air conditioners and coolers, so the trucks do not need to idle in order to run this type of equipment. The direct service trucks would be making deliveries during the day and would have © no reason to remain in the parking lot overnight. Councilmember Howard asked how many deliveries would be made to the facility and what time these deliveries would occur. Regular Andover City Council Meeting Minutes —August 21, 2012 Page 7 Mr. Miller stated there would be an average of 20 -28 Wal -Mart deliveries per week. The times of these deliveries would vary through out the day and a majority of these deliveries would be for 3'd shift. This does not mean the deliveries would occur during 3`a shift hours. The deliveries may occur earlier in the day and the trucks would leave the trailer to be unloaded and picked up the next day. Other deliveries would be considered direct and would occur during the morning hours. These would average about 40 deliveries per week. Community Development Director Carlberg clarified the nearest property to the proposed Wal- Mart is 200 -feet from the loading dock and this is not typical. The Target store loading dock is directly located across the street from residential homes. Councilmember Knight asked what the lighting would be along residential borders in the north and west. Mr. Miller stated there would be limited spill over lighting. There is only one light standard in the back delivery area. The light standards are LED lighting, completely downcast cutoff fixtures. The spill over lighting would be in accordance with the City's Code at the property lines and a Lighting Plan has been provided. © Councilmember Trude stated the Resolution does reference Anoka County Highway Department and road access and improvements in Condition #4. She asked if this would be limited to Bunker Lake Boulevard and Jay Street or if the intersection at Hanson Boulevard and 139t` Lane would be included. She would like to make sure this intersection is included in the traffic impact study. She asked what the City's consultant's comments were regarding the traffic study and how it will impact the residents. City Engineer Berkowitz stated Anoka County Highway Department has requested additional information on the intersection at Hanson Boulevard and 139th Lane to be identified in the Traffic Impact Study. Condition #4 was written based on the comments received by the County. The a.m. and p.m. peak traffic would look at this intersection. The City is reviewing the traffic study and a Traffic Engineer is consulted. All the information is being evaluated and they are providing comments. The applicant has addressed some of these comments as the process has moved forward. The City is now taking the comments from the City's consultant, City staff, and the County and reworking the Traffic Impact Study. Councilmember Trude stated drainage, the environment, and wetland protection are concerns for residents. She pointed out all the runoff from the POVs parking lot goes directly into the pond and wetlands at this time. The Wal -Mart development will reroute this runoff through a longer system with multiple treatment ponds before it will get to the wetlands. This development would © greatly improve the wetland impacts and drainage problems currently on the property. The Coon Creek Watershed is another step in addressing the wetland impacts. There is some information that is still pending but the Coon Creek Watershed has provided conceptual approvals for the storm water plan. © Regular Andover City Council Meeting Minutes — August 21, 2012 Page 8 Councilmember Knight asked if the County was looking at upgrading the roads along Bunker Lake Boulevard. City Engineer Berkowitz stated the Anoka County Highway Department had applied for Federal funding for improvements from Crane Street to Jefferson. It looks like this application would receive Federal funding in 2015 -2016. Councilmember Bukkila asked if the preliminary plat is approved what the next steps would be and when the residents would have another opportunity to comment on the project. Community Development Director Carlberg stated this would be the biggest opportunity for public input. Once the preliminary plat was approved then there would be a commercial site plan reviewed by staff and the final plat would be approved by the City Council. Councilmember Trude clarified the preliminary plat included the division of the property and Mr. Povlitzki would retain a portion of the property for future sale. The City does not own the land and the City cannot tell individuals whom they can sell their property to and who can purchase this property. The City can only look at the traffic impacts, the wetland and environmental ® impacts and make sure the City's Codes and Ordinances are being followed. The streets in this development were designed based on retail development in this area. She stated she would support the preliminary plat. Mayor Gamache stated the Planning Commission had conducted a public hearing on the preliminary plat but the City Council would also allow some public input. He requested the residents keep their comments restricted to new discussion items. He stated POVs had closed at the end of 2011 because the City did not issue a new liquor license due to unpaid back taxes and assessments. The City had received some payments of taxes in 2010 and the City issued a liquor license for 2011 with the thought that if the business was operating the remaining taxes and assessments could be paid. City Administrator Dickinson stated the City had also renegotiated the assessments with Mr. Povlitzki and moved the due dates into a future date in an effort to work with him. Mayor Gamache pointed out Mr. Povlitzki did not have a mortgage on the property. When there is a mortgage on the property and payments are not made, the bank is the entity that gets involved and the City recoups their funds through the foreclosure process. The City had restructured the assessment payments so full payments would go into effect in 2013. Based on the tax forfeit process and the current timing of back taxes, the County would start that process in May 2013 and ultimately collect the back taxes and assessments. © City Administrator Dickinson stated if Mr. Povlitzki went into the tax forfeit process, then the County would take over the property. Once this is done then Mr. Povlitzki would no longer have an interest in the property. Regular Andover City Council Meeting Minutes —August 21, 2012 Page 9 Mayor Gamache stated the City has done its job by trying to work with a business that was having a difficult time. He also stated there had been a petition from residents to have the City do an Environmental Assessment Worksheet but the Council did not find sufficient reason to support this request. He stated there would always be concerns about traffic regardless of the development that happens on this property. Staff will work with Wal -Mart and the Anoka County Sheriff's Department in regards to controlling any crime issues that arise just like they have with Target and any other new business. He clarified the final determination of this store being open 24 -hours has not been resolved at this time. He stated his opinion would be for Wal- Mart to be open until midnight at the latest. This is not a good location for a 24 -hour store. He stated the City had a market study done of this area with different ideas of development in this area. The study determined there is sufficient market in this area to support a store the size of the proposed Wal -Mart and maintain Target and Festival Foods. He stated Wal -Mart will bring more business to the City including restaurants. Ms. Dawn Schnickels - Johnson, 1553 140'1' Lane NW, Andover, presented the Council with a list of questions and concerns that have been brought up at the neighborhood meetings. She asked if the construction of a Wal -Mart on this site was going to happen for sure and if there was anything else residents could do to try and stop this project. The neighborhood is concerned because this area is zoned general business and cannot operate 24 -hours a day that Wal -Mart will find a way around this regulation. Other concerns included overnight parking, agreements with surrounding businesses not to sell groceries, increased crime, impacts to the wetlands, the amount of signs and lighting, and increased traffic. She stated the intersection at Hanson Boulevard and 140[1` Lane was dangerous and increasing traffic in this area would make it worse. She expressed concerns with all the traffic and the traffic study does not address where these cars will go when they leave the site. She stated the taxpayers are asking the City to listen and not make changes to the City's codes, ordinances, and regulations but to explore alternative uses for this land. She stated the trucks will be delivering all day and during the night. There will not be a break in this noise. There is also a ball field and childcare center on Jay Street that has not been considered. She stated there is adamant residential opposition to Wal -Mart in Andover. Mayor Gamache stated these concerns had been addressed during the Planning Commission Public Hearing. There can be safety issues anywhere in the City but the safety issues will not be overly increased along Jay Street because of trucks driving down roads that have not been constructed for trucks. The road is wide enough for trucks to access the commercial development that had been proposed for this area. Hanson does need to be expanded and staff has been talking to the County for several years regarding this problem. He stated the development of the former POVs site might assist the County in getting the Federal funding they need for these improvements. Ms. Schnickels- Johnson stated Wal -Mart had several hours to make their presentations to the Planning Commission and the City Council. The residents would like the same courtesy. The City needs to hear the residents are not happy with this proposed development. Councilmember Bukkila asked what residential group Ms. Schnickels- Johnson was representing. Regular Andover City Council Meeting Minutes — August 21, 2012 Page 10 Ms. Schnickels-Johnson stated there had not been a petition done as part of this residential group. Ms. Laurie Mount, 2044 138`" Ave, Andover, stated the group is Andover Smart Growth. She expressed concerns because the residents do not want Wal -Mart and wants it known for the public record that they are against this development. She asked the City not to bend over for Wal -Mart and change the City's codes to meet their needs. There is no need for a 24 -hour store in this location. She asked the City to consider the residents comments and concerns as the process moves forward. Ms. Kathy Heltemes, 1432 140th Lane NW, Andover, stated limiting the hours of the Wal -Mart store to 7:00 a.m. to 11:00 p.m. would be an acceptable compromise. She asked that Wal -Mart consider giving something back to the community. Councilmember Trade read an email from Rex Hammond for the record. Mr. Hammond expressed concerns including the parking lot being to large, the parking lot should be paved with an environmentally friendly surface, the store size is too large and should be more limited, lighting, 24 -hour operation, and the need for additional green space between the parking lot and © Bunker Lake Boulevard. He also stated any favors the City extends to Wal -Mart should also be extended to Target and Festival Foods. Councilmember Bukkila stated she had expected to have more input relative to the plat. She stated she respected the work done by the residents. This is a free market society and businesses do studies to determine where they want to build. With all the different agencies and governing bodies involved in this project, Wal -Mart has met the burden for preliminary plat approval. Motion by Councilmember Bukkila, Seconded by Councilmember Trade to approve a Resolution Approving the Preliminary Plat of "Wal -Mart at Andover Station" Located at 1851 Bunker Lake Boulevard NW as presented. Councilmember Trade stated City Code 12- 13 -19, Section 8 does address the aesthetics for open spaces, buildings, signs, plantings, and surfaces and structures seen from the public way. She stated this code addresses the need for a high level of landscaping and screening. She stated the landscape plan needs to be thoroughly reviewed and the landscaping maintained accordingly. Councilmember Knight stated Wal -Mart meets the requirements to make this purchase. Wal- Mart has the right to purchase the property and the City has the right to govern and make sure that certain things happen. Councilmember Howard thanked Ms. Mount for getting involved with the residents. He stated the City could only make things the best they can, according to the rules and regulations. He stated this development might help the County get funding to make the improvements needed to roads the residents know need to be improved. Regular Andover City Council Meeting Minutes — August 21, 2012 Page 11 The motion was called to a vote. The motion carried unanimously. (See Resolution R077 -12) CONSIDER CONDITIONAL USEPERMITIOFF- SALELIQUORAND OUTDOORDISPLAY, STORAGE, AND SALES 11851 BUNKER LAKE BOULEVARD NW — WAL MART REAL ESTATE TRUST Community Development Director Carlberg stated City Code 12 -12 requires a conditional use permit for off -sale liquor and outdoor storage display, storage and sales in the General Business District. The applicant is proposing to have a liquor store in the Wal -Mart building and other goods and materials for sale and storage. The liquor store is proposed to be 1,328 square feet and would have entrances directly to the outdoors and through the grocery vestibule of the store. The City has established the number of liquor licenses is limited to one for each 6,000 residents. The estimated City population is 30,847 as of April 1, 2011. Therefore, the City has the authority to issue five (5) off -sale liquor licenses. There are currently four (4) issued and the City has the ability to grant one (1) more license in accordance with City Code. The applicant is also proposing coin operated vending machines and a propane storage unit along the front of the proposed building, outdoor storage of retail items in two (2) designated areas on the southeast © and southwest corners of the front of the building, a temporary garden center area with display of garden center products, and an outdoor storage area in the rear of the store for storage of recycling materials. Mayor Gamache suggested the Council review the outdoor storage first. Councilmember Trade requested the applicant mark the exact locations for the outdoor storage, vending machines, propane area, and sales and display areas on the site plan and this document become part of the approved CUP Resolution. Community Development Director Carlberg highlighted the storage areas in the rear of the building, the battery storage area, the trash compactor area, the front display and sale areas in the southeast and southwest corners of the building, the vending machine areas, the proposed seasonal garden area, and the propane storage area. He explained the rear of the building would be used for storage and the front of the building would be display and the rear storage areas would all be screened from public view. He also stated the Council has the ability to restrict the number of vending machines. Mr. Dale Eberly, SAIL, St. Paul, MN, explained the battery recycling area would be an environmental cage that is fenced in and secured. There is a metal roof that protects the batteries. The batteries are stored on a pallet system approved by the EPA. © Councilmember Bukkila asked if this area would be visible from the street. Mr. Miller stated the battery storage area would be screened from view and would not be visible from the street. The screening would be a combination of masonry and wood. Regular Andover City Council Meeting Minutes —August 21, 2012 Page 12 Councilmember Howard clarified this would not be for storage for shipping containers or semi- trailers. Mr. Miller stated all the trailers would be housed in the loading docks. The trailers are used for delivery purposes only unless Wal -Mart has requested a special permit from the City. Councilmember Bukkila asked where the trails are located that lead to the sidewalks in the front of the building. She also asked what the dimensions were for the sidewalk. Mr. Miller stated currently there is a trail that runs along Jay Street and there is a connection to the front sidewalk just south of the primary entrance. This will connect the sidewalk and the trail. Mr. Eberly stated the sidewalk dimensions vary along the front of the building based on the architecture of the building. Wal -Mart is proposing to keep 8 -10 -feet clear for walking along the front of the building. The narrowest point would be approximately 15 -feet wide. © Councilmember Bukkila suggested the outdoor displays not exceed the vestibule wall so the walk space is clear and linear. Councilmember Trude stated she would like to add that a minimum of a 10 -foot clear zone must be maintained adjacent to the curb and no outdoor storage or display can occur in this area. Councilmember Knight asked how many parking spaces the outdoor garden center would occupy. Mr. Miller explained the garden center would occupy 40- parking stalls from March to July. The parking was designed so that Wal -Mart would still meet the City's requirements regarding parking even with the garden center set up. Councilmember Bukkila asked if Wal -Mart would staff the garden center the entire time it is open. Mr. Miller provided the Council with a Merchandise Plan for the garden area. He stated the proposed merchandise would be perennials, shrubs, trees, mulch, yard ornaments, pavers, stone, and soils. The products would not include high -end products such as lawn mowers and grills. The area would be delineated from the driveway by cones with flagging. ® Councilmember Bukkila stated she would like to see a more finished way of delineating the garden area. She would not approve of the cones. Mr. Miller stated this could be discussed with Wal -Mart. © Regular Andover City Council Meeting Minutes —August 21, 2012 Page 13 Councilmember Bukkila asked how the area would be secured while the store was closed. Mr. Miller stated in this location the items would not be secured. Councilmember Howard clarified there would not be items such as fireworks in the garden area. Mr. Miller stated Wal -Mart would make a special request to the City for approval for any additional products, including fireworks. Councilmember Trade asked how many outdoor vending machines were being requested. Community Development Director Carlberg stated Wal -Mart is proposing six (6) outdoor vending machines and a propane exchange area. The vending machines would be covered and protected from the weather as required by the City's code. Councilmember Howard stated he would prefer to see the vending machines inside the building. Councilmember Bukkila stated the City did limit the number of vending machines Walgreens 10 could have. She would recommend limiting this proposal as well. Councilmember Trade stated she would not approve of six (6) vending machines. She expressed concerns about littering and she would recommend limiting the location, number and products for outdoor sales. Mayor Gamache asked if the awnings covering the vending machines would need to be sprinkled. Fire Chief Winkel stated as long as Wal -Mart did not store flammable products under the awnings they would not need to be sprinkled. Mayor Gamache stated he would approve a couple of vending machines similar to Walgreens and the propane exchange area. Councilmember Trade proposed approving the resolution with the following conditions for the Conditional Use Permit: 1. The applicant shall complete the Commercial Site Plan process with the City of Andover. 2. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6.D. © 3. The outdoor storage, display and sales areas shall be limited to the revised site plan from tonight's meeting. 4. Limiting the products that can be sold in the garden center and requiring a more aesthetically appealing fence to delineate this area. The parking lot and the front of the store should be defined separately. Regular Andover City Council Meeting Minutes —August 21, 2012 Page 14 City Attorney Baumgartner clarified the products sold in the 40- parking stalls in the parking lot would consist mainly of plants, rocks, soils, and trees and products such as lawn mowers and grills would be displayed along the front of the building. Mr. Miller stated this was correct. City Attorney Baumgartner suggested Condition 4 The outdoor display and sales area located in the parking lot, consisting of 40- parking stalls, shall be limited to live plants, garden/landscaping materials, and similar seasonal garden items. Councilmember Howard stated he would like to have the fencing added to this condition. Councilmember Trade stated this condition should also include the dates of operation of March 15 to July 15 and the hours of operation from 7:00 a.m. to 9:00 p.m. Councilmember Trade suggested limiting the number of coin operated vending machines to a total of two (2) for Condition 5. She stated City Attorney Baumgartner would work on adding an additional condition clarifying the storage by the store. City Attorney Baumgartner clarified the City would like to have the garden area delineated by fencing approved by the City with limited operations from 7:00 a.m. to 9:00 p.m. He suggested inserting a new Condition 6 indicating the outdoor display and sales areas located alongside the building may be used to display lawn furniture, grills, lawn mowers, and other similar seasonal items. Councilmember Trade added these areas must maintain a minimum of a 10 -foot clear zone adjacent to the curb where outdoor storage occurs. Councilmember Howard asked if the Council approved of the storage areas in the rear of the building. Councilmember Bukkila stated she would approve the storage in the rear as proposed and outlined in the plan. Mayor Gamache agreed with the proposed outdoor storage in the rear of the building. Mr. Miller asked if the conditions specifically approve the propane exchange area. Councilmember Trade suggested City Attorney Baumgartner incorporate the conditions discussed by the City Council into the Resolution and the City Council vote on it after the discussions regarding the CUP request for a liquor license. Mayor Gamache asked how many Wal -Mart stores in the Twin Cities area currently have liquor © Regular Andover City Council Meeting Minutes — August 21, 2012 Page 15 stores in them. He also asked if the deliveries would be in the front of the building or in the rear of the building. Mr. Miller stated currently five (5) of the twenty (20) Wal -Mart stores in the Twin Cities have liquor stores in them. State Statute regulates deliveries and they must be to an access independent of the store merchandising area. Councilmember Knight asked where the nearest liquor store was to this location. City Administrator Dickinson stated Northgate Liquor is located near Target. Councilmember Trude stated reviewing the State Law that authorizes the issuance of liquor licenses in Minnesota Statute 340A.405, Subd. lb, which states a City of the first class may issue a license. Issuing a liquor license is a discretionary act for the City. City Attorney Baumgartner stated he had reviewed related cases and Attorney General opinions. The City is given great discretion as to the issuance of liquor licenses, however they are still held to an arbitrary and capricious standard for denials. In the cases he had reviewed some of the reasons for denial of a liquor license that had been upheld by the State Supreme Court included opposition from the community along with impacts such as traffic and adverse affects on the community. Reasons for denial should look at the health, safety, and welfare and determine if there are findings that show there would be a detrimental impact on the City. Councilmember Trude stated her findings to support denial of issuance of a liquor license include community opposition to the issuance of this liquor license as demonstrated by the emails, letters, and comments from residents. Andover is a predominately young community and a combination of a grocery store /liquor store does not fit into the community values and standards, and the geographic concentration of liquor stores and the City should consider reserving one (1) liquor license for an area of the community that will be expanded in the future. Motion by Councilmember Trude, Seconded by Councilmember Howard to Deny Issuance of a Liquor License to Wal -Mart Based on the Three (3) Findings presented. Councilmember Howard stated there are other areas of the City that an off -sale liquor store would be better suited with future development. Mr. Miller clarified the request being presented at this time is for a Conditional Use Permit for off -sale liquor not a liquor license. Wal -Mart cannot apply for the liquor license without approval of the conditional use permit. © Mayor Gamache asked if granting the conditional use permit would have an adverse affect if the request for a liquor license were denied at a later date. Councilmember Trude stated there are other areas of the City the Comprehensive Plan has Regular Andover City Council Meeting Minutes —August 21, 2012 Page 16 identified as areas for future growth including retail and commercial development. She suggested the City maintain the ability to issue a liquor license for these areas. Community Development Director Carlberg stated based on City Code the City would have the ability to issue additional liquor licenses as the population increases. Councilmember Trade withdrew her motion to deny a liquor license to Wal -Mart. Councilmember Howard withdrew the second to the motion to deny a liquor license to Wal- Mart. City Attorney Baumgartner clarified case law is clear in that the City may deny the issuance of a liquor license for specific reasons, even if the applicant meets all the requirements for the granting of liquor license. Motion by Councilmember Trade, Seconded by Councilmember Howard to deny a Conditional Use Permit for Off -Sale Liquor the Resolution Granting the Conditional Use Permit for Off -Sale Liquor on the Property Located at 1851 Bunker Lake Boulevard NW Based on the Findings © Outlined. Mr. Miller stated based on the discussions and concerns with the CUP and issuance of license being handled separately, the applicant would be open to considering tabling the Conditional Use Permit for the off -sale liquor to allow them to apply for this concurrently with the issuance of a liquor license. Community Development Director Carlberg clarified this would be a granted extension of the Conditional Use Permit Off -Sale Liquor Sales August 23 deadline to a date when the application for a liquor license is acted upon by the City Council. He stated this would need to be received in writing with a specific date. He clarified at this time the City Council must take action to either approve or deny the request otherwise it will be automatically approved. Mr. Miller stated the applicant would make this extension request in writing. The Council indicated they would address the Outdoor Storage CUP and bring the Conditional Use Permit for Off -Sale Liquor up later in the meeting. Ms. Mount encouraged the City Council to deny Wal -Mart's request for off -sale liquor sales. She also stated she does not agree outdoor storage and display and vending machines should be approved. This will change the look of the store and stores such as Target do not have items outside their store. The City Council recessed at 10:09 p.m. The City Council reconvened at 10:16 p.m. © Regular Andover City Council Meeting Minutes — August 21, 2012 Page 17 Motion by Councilmember Trude, Seconded by Councilmember Howard to Approve a Resolution Granting the Conditional Use Permit for Outdoor Display, Storage and Sales on Property Located at 1851 Bunker Lake Boulevard NW With the Following Conditions: 1. The applicant shall complete the Commercial Site Plan process with the City of Andover. 2. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6.D. 3. All Outdoor display, storage and sales shall be limited to the areas identified on the revised site plan dated August 8, 2012, and stamped as "Received by the City of Andover" August 9, 2012. 4. The outdoor display and sales area, located in the parking lot, consisting of 40- parking stalls, shall be limited to live plants, garden/landscaping materials, and similar garden items. Said area shall be delineated by fencing as approved by the Andover Review Committee and shall be limited to March 15 to July 15 with the hours of 7:00 a.m. to 9:00 p.m. 5. The outdoor display and sales areas, located along side the building, may be used to display patio furniture, barbeque grills, lawn mowers, and similar seasonal ® items. Provided, there shall be maintained a minimum 10 -foot wide walkway between the displayed items and the curb. 6. An outdoor, recycled battery storage area shall be allowed in the northeast rear section of the building as identified in the site plan. 7. Outdoor propane exchange cages shall be allowed along the store front as identified in the site plan or as otherwise approved by the Andover Review Committee. 8. A maximum of two (2) vending machines may be located in front of the store and shall comply with City Code 12- 13 -20. 9. All outdoor display, storage, and sales shall be conducted in compliance with all federal, state, and local codes. 10. The rear storage areas, as designated in the site plan, shall be properly screened as demonstrated in the preliminary plat and approved plan. The motion was called to a vote. The motion carried unanimously. (See Resolution R078 -12) Community Development Director Carlberg stated staff has received a written request from Wal- Mart to grant an additional 60 -days from August 23, 2012 for the Conditional Use Permit for Off -Sale Liquor Sales. Councilmember Trude withdrew her motion to deny the CUP for off -sale liquor sales. She clarified the City would not be taking any action regarding this request at this meeting. Mayor Gamache stated the City Council acknowledges the receipt of a written request from Wal- Mart to extend the deadline for the Conditional Use Permit regarding the Off -Sale Liquor Sales at the proposed Wal -Mart location. © Regular Andover City Council Meeting Minutes — August 21, 2012 Page 18 DISCUSS ACCESSORYSTRUCTURE BUILDING PERMIT 13047173RD LANE NW City Engineer Berkowitz stated property owner Boyd Barrott, represented by his Attorney James Neilson, are appealing to the City Council to allow a detached garage structure to be constructed. Mr. Barrott applied for a permit May 2, 2012. Engineering staff reviewed the low floor elevation of the structure and notified Mr. Barrott verbally and by letter that the low floor elevation would need to be raised to meet one of the two options. The options identified were to set the low floor or lowest opening of the structure at an elevation equal to or higher than his existing garage elevation or have a registered Civil Engineer conduct a hydrological evaluation to determine the surface elevation resulting from a 100 - year /10 -day runoff or the 100 - year /10 -day snowmelt, whichever is more restrictive for the wetland on and adjacent to the property and set the low floor 2 -feet above that elevation. The third option presented would be for Mr. Barrott to wait until the City completes the road design for 174`h Avenue /Heather Street/l73`d Lane and set the low floor based on the projected hydrological elevation. The applicant is appealing those requirements to the City Council and would like the Council to direct the Building Official to approve the permit as submitted. If the City allows a lower elevation it must still go through the ® permit and approval process of the Lower Rum River Watershed Management Organization. Mayor Gamache clarified the Lower Rum River Watershed Management Organization has not looked at this but if the City approves a building permit then they will need to look at it. City Engineer Berkowitz stated each city is responsible to care for their own items within their city. If the City makes a decision that goes against the Lower Rum River Watershed then it would need to be reviewed by the Board. Councilmember Knight asked how much the property would have to be built up. City Engineer Berkowitz stated Mr. Barrott would need to raise the property 2.53 -feet to match the existing garage elevation. Councilmember Knight asked if the shed could be moved and the proposed detached garage located in this area. City Engineer Berkowitz stated the shed could be moved. Councilmember Trude stated the City limits the amount of detached garage permitted. She asked why the existing garage was considered attached. © City Engineer Berkowitz stated the existing garage is considered attached because there is a screened porch connecting it to the house. Councilmember Howard asked if the road, proposed to be constructed next year, would be at an © Regular Andover City Council Meeting Minutes —August 21, 2012 Page 19 elevation of 891.9 -feet. City Engineer Berkowitz stated the road elevation is considerably lower. The applicant has stated if the building floods at the proposed level then the road would be flooded as well. The City's obligation through the Code is to protect the structure from flooding. It is not likely the road will be raised above this elevation during the reconstruction. Mr. James Neilson, Attorney at Law, 118 East Main Street, Anoka, representing Mr. Boyd Barrott, 3047 173rd Lane NW, Andover, stated there is no opposition from residents regarding this structure. There is an existing garage that had been constructed in 2005 based on permit that had been approved by the City of Andover. This structure has a 7 -foot basement that lowers the elevation of this existing structure from 897.15 -feet to 890.15 -feet. This elevation is less than the 894.8 -foot elevation of the proposed detached garage. The applicant has not had problems with water in his existing garage. The street is 3 -feet lower than the proposed elevation as well. The applicant is willing to provide a City with a waiver of liability to the City. Mr. Neilson held up a large set of blueprints as he commented that Mr. Barrott still had these in his position. He noted there were 9 pages of blueprints for the garage built with a basement in the year 2005. Page 2 shows the basement plans. Councilmember Bukkila stated just because the City approved the previous plan does not mean the City should not comply with the ordinances and requirements the City has for this plan. Councilmember Trude clarified the applicant had a signed and stamped plan from the City. City Engineer Berkowitz stated that this was an approved plan and stamped by the City. Councilmember Howard asked where the garage doors would be located in the proposed garage Mr. Boyd Barrott, 3047 173r1 Lane NW, Andover, stated in order to construct the garage at the elevation required by the City he would have to tear out the concrete driveway he has in place. The garage doors are proposed to face the current concrete driveway. Councilmember Howard stated the 894.8 -foot elevation is lower than the existing driveway elevation. He asked how the applicant planned to keep water out of the detached garage. .,Mr. Barrott stated the contractor explained a sloped ramp would need to be constructed and there would not be a garage door on the upper portion of the garage. There will be a 6 -foot dipped apron so the water would run down away from the garage and a ramp will go up into the garage. Councilmember Howard stated he has not seen these types of systems work for water drainage. Mr. Barrott stated Applicant — only using for storage Councilmember Bukkila stated it is the City's job to protect the applicant's interest in the property and the interest of future owners. Mr. Barrott cannot waive future owner's rights and in Regular Andover City Council Meeting Minutes —August 21, 2012 Page 20 their best interest the policies and procedures in place should be followed. Mr. Neilson stated a proper waiver that is recorded a property owner could give away the rights of future owners similar to a restrictive covenant. Councilmember Knight stated he would be more flexible due to the unexplained circumstances. He asked if the shed could be moved to be located where the shed is currently located. Mr. Barrott stated the shed would be removed once the garage is built but it is not suitable for building this structure. Councilmember Howard stated upon review of the property the proposed garage and formwork did not match. He asked for clarification on where the garage would be located. Mr. Barrott stated there is about 4 -5 -feet between the existing garage and proposed garage. Mr. Neilson stated the applicant has submitted the topographical survey with all the buildings located. © Councilmember Trude stated the road is 3 -feet lower than the proposed garage elevation. She asked if the survey showed current conditions. Mr. Barrott stated fill had been brought in for the proposed garage area. Councilmember Trude asked if there would be a hardship in raising the elevation to meet the requirements. Mr. Barrott stated he would need to raise it 18- inches and this because of the slope of the existing concrete driveway he would have to replace this to make it match. Motion by Councilmember Knight, Seconded by Councilmember Trude to Approve the Appeal of the Applicant Contingent Upon Receiving a Waiver of Liability for Both Garages From the Applicant. Councilmember Howard stated he would not support this request. He does not believe the elevation of the driveway and the new garage will work. Councilmember Trude stated this the unique circumstance that would distinguish this request from other future requests is there were City approved plans that included a lower level that is lower than the elevation of the proposed structure. The other unique circumstance this property has is the proposed structure has a higher elevation than the existing road. She recommended the applicant provide a waiver for both the proposed structure and the existing garage. Mr. Neilson stated the applicant would agree to this. Regular Andover City Council Meeting Minutes — August 21, 2012 Page 21 Community Development Director Carlberg stated the City has regulations on the amount of garage space allowed on a property. In order for the applicant to comply with these regulations both accessory sheds would need to be removed from the property upon issuance of the building permit for the garage. The motion as amended by the addition of requiring a waiver of liability for both the existing and proposed garages was called to a vote. The motion carried, 3 -ayes, 2 -nays ( Bukkila, Howard) APPROVE FEE ORDINANCE NO. 420 Councilmember Bukkila asked if the charge for helmet rental should be removed. She stated if people had to pay for the helmet they would be less likely to get one. She suggested this be included in the price of the skate rental. Mayor Gamache asked if the City would be purchasing the helmets and if it was mandatory to wear a helmet on the ice. 0 Councilmember Howard stated he would recommend approving the fees as proposed. City Administrator Dickinson stated helmets are not required on the ice, but recommended. Councilmember Trude stated she would go with the recommendation of the Community Center Advisory Commission. Councilmember Knight asked if there were liability issues by not requiring helmets on the ice or by providing helmets and someone gets hurt. City Attorney Baumgartner stated people skate at their own risk. The City is taking additional steps to prevent additional harm by offering the helmets. Motion by Councilmember Trude, Seconded by Councilmember Knight to Approve Fee Ordinance No. 420 as Presented. The motion carried 4 -ayes, 1 nay ( Bukkila). (See Ordinance 420) RECEIVE UPDATE ON GREY OAKS HOMEOWNERS ASSOCIATIONDOCUMENTS City Attorney Baumgartner stated he had reviewed a number of documents regarding the Grey Oaks project including the original motions of approval for this association, the original association documents, articles and by -laws, the Grey Oaks Declaration and the amended declarations. He stated the original declaration for Grey Oaks Association included lots that would be required to meet the senior housing age restriction requirements under the law. In the Regular Andover City Council Meeting Minutes — August 21, 2012 Page 22 original and amended declaration, under Article 2, Section M, the Association granted to the City and identified the City as a third party beneficiary to enforce the senior housing age restriction. This is saying in the event the Association fails or neglects to enforce such age restrictions, the City itself, as a third party beneficiary of the age restriction covenants, may after 30 -days written notice to the Association take appropriate legal steps to enforce the age restriction by injunctive relief or eviction proceedings. The City status, as a third party beneficiary, of any such senior housing restrictive covenants in any standing derived from such third party beneficiary status may not be altered, modified, or terminated without the express written consent of the City. In the original and amended declarations there was also a requirement of a 67% vote for of unit owners and mortgagees before there could be any amendments to the declarations themselves. These two points have changed with the new documents that have come out. The Association is attempting to sever out certain portions of the properties to create two (2) separate associations. They want to separate the multi - family buildings from the association. The thing that appears to be consistent in both the existing association and the new association that would be created is that all the units would be subject to the senior age restriction and requirements. What is missing from the new association documents is the language pertaining to the City as a third party beneficiary and the vote requirements to change these declarations. The removal of the City's status and identification as a third party beneficiary should not be allowed because this violates the original declaration. He stated several of the issues the residents are facing are personal and private in nature and the City has no ability to step in but the City is entitled to respond to the association relative to the new proposed documents and object because they omit the City as a third party beneficiary as set forth in the original declarations. He recommended the City consider sending a letter with this objection. The 80/20 split is confusing and is difficult to identify how this number is figured. The new proposed documents do have consistent language as required by State law and the USC Federal law for senior housing complexes. At this time he does not have the information regarding the residents and would not be able to determine if the 80/20 split is being met. He suggested the Council direct him to send a letter noting the objection to the omission of the City as a third party beneficiary. This will raise the possibility of the City needing to protect its interest which means it may want to consider. He recommended the Council continue additional discussions during a future closed session. Councilmember Trude clarified the same senior housing language was being used throughout the proposed documents that was used in the current documents. City Attorney Baumgartner stated the same senior housing language was used. Councilmember Trude stated according to HUD you do not have to belong to an association to be senior housing. It is the policies, practices, and regulations that define it as senior housing. She expressed concerns that Mr. Windschidlt continues to market this property on Craigslist and they may exceed the 20% limit of under 55 -years old. If a violation occurs this could affect the whole community. The community had an interest in this project be maintained as senior housing. She recommended additional discussion at the next closed session. City Attorney Baumgartner stated there is an overlap in what the City would look at as a potential Regular Andover City Council Meeting Minutes — August 21, 2012 Page 23 litigation standpoint and what the residents would need to do to protect them. hi order for the City to pursue its legal remedies it needs to have standing and it needs to have some type of remedy that it is seeking. The remedy may not coincide with what the residents want to see accomplished. It was recommended the residents seek their own legal advice and information about what rights they may have. Councilmember Trude supported the City Attorney notifying the Board that the City has concerns upon reviewing the documents that the City's identification and status as a third party beneficiary has been removed. She asked if it would be timely to ask the City Attorney to notify the Board that the City Council would like to see the Board maintain the senior housing by ensuring they are doing censuses and keeping track of the percent rented to seniors. City Administrator Dickinson suggested the Council authorize the City Attorney to send a letter to the Board notifying them of the City's concerns and copy Anoka County. A closed session will be scheduled for September 4, 2012 for additional discussion. Staff can request verification of the current status and what the current census shows. These are documents the City requests from other organizations. Mayor Gamache requested this information be broken down for each building not the community as a whole. Councilmember Trude stated it appears the management company does not understand the goal of the City in maintaining the whole project as a senior community. Councilmember Bukkila stated there is misunderstanding on what the intent of the 80/20 split was for. This is not so developers can market 20% of the property to who ever they want. This was intended to protect heirs so they would have adequate time to deal with the property. Consensus of the City Council was to authorize City Attorney Baumgartner to send a letter to the Grey Oaks Association Board regarding their concerns and to schedule additional discussions for a closed session on September 4, 2012. ADMINISTRATOR'S REPORT None. MAYOR/COUNCIL INPUT a None. Mayor Gamache recessed the regular City Council meeting at 11:23 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations, Property Negotiations for PID Regular Andover City Council Meeting Minutes —August 21, 2012 Page 24 #11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, and 11- 32 -24 -24 -0001, and Property Negotiations for PID #29- 32 -24 -44 -0002. The City Council reconvened at 11:38 p.m. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11:39 p.m. Respectfully submitted, Tina Borg, Recording Secretary H u Regular Andover City Council Meeting Minutes — August 21, 2012 Page 25 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — A UGUST 21, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Order Improvement/Order and Approve Plans and Specifications /Order Advertisement for Bids /07- 20/Parkside at Andover Station 3`d Addition (See Resolution R073 -12) .............................................................................................. ............................... 2 Item 4 Approve Change Order #1 /11 -10 -South Coon Creek Drive NW Reconstruction (See ResolutionR074- 12) ............................................................................ ............................... 2 Item 5 Award Quote /17 -7 and 12- 12/2012 Trail Maintenance and 2012 Parking Lot Maintenance......................................................................................... ............................... 2 0 Item 6 Accept Petition/Order Feasibility Report/12- 32/2118/2120 — 140'x' Lane NW/WM (See Resolution R075- 12) .................................................................... ............................... 2 Item 8 Approve Application for Exempt Permit /Andover Lions ............. ............................... 2 Item 9 Accept Contributions /Sweet Toppings LLC /Hickory Meadows Park (See Resolution R076 -12) .............................................................................................. ............................... 2 ANOKA COUNTY SHERIFF'S MONTHLY REPORT ................................ ............................... 3 CONSIDER PRELIMINARY PLAT/WAL -MART OF ANDOVER STATION /1851 BUNKER LAKE BOULEVARD NW — WAL -MART REAL ESTATE TRUST (See Resolution R077- 12) ............................................................................................................................................... 3 CONSIDER CONDITIONAL USE PERMIT /OFF -SALE LIQUOR AND OUTDOOR DISPLAY, STORAGE, AND SALES/ 1851 BUNKER LAKE BOULEVARD NW — WAL- MART REAL ESTATE TRUST (See Resolution R078- 12) .................... ............................... 11 DISCUSS ACCESSORY STRUCTURE BUILDING PERMIT /3047 173RD LANE NW........... 18 APPROVE FEE ORDINANCE NO. 420 ...................................................... ............................... 21 RECEIVE UPDATE ON GREY OAKS HOMEOWNERS ASSOCIATION DOCUMENTS ... 21 ADMINISTRATOR'S REPORT ................................................................... ............................... 23 MAYOR/COUNCIL INPUT ......................................................................... ............................... 23 C