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HomeMy WebLinkAboutCC - August 20, 2013C I T Y O F ND OWE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, August 20, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Badge Presentation — Fire Department Agenda Approval 1. Approval of Minutes (7/23/13 Workshop; 8/5/13 Regular; 8/5/13 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Call for Public Hearing on the proposed Modification to the Development Program for Development District No. 1 and the proposed Establishment of Tax Increment Financing District 1 -6 - Planning 4. Approve Purchase Agreement — 3200 South Coon Creek Drive (PID#29- 32 -24 -44 -0022) -Administration 5. Declare Surplus Equipment — Finance 6. Approve Contract for School Liaison/Anoka Hennepin School District #11 - Administration Discussion Items 7. Anoka County Sheriff s Department Monthly Report — Sheriff 8. Public Hearing: Vacation of Easement —14182 Uplander Street NW — Jorian Stein - Planning 9. Approve Conditional Use Permit Amendment — Extension of Subordinate Classroom Structures —16045 Nightingale Street NW- Andover Christian Church — Planning 10. Approve Conditional Use Permit — Single Station Beauty Salon — 1640 1550 Lane NW — Planning 11. Approve Variance —15511 Juniper Street NW — Side Yard Setback — Benjamin Rono — Planning 12. Approve Variance —15873 Linnet Street NW — 3 Year Lot Split Requirement — Scott Allen — Planning 13. Approve Amendment to the City Code Regarding Fines — City Attorney Staff Items 14. Schedule September EDA Meeting - Administration 15. Schedule September Council Workshop - Administration 16. Administrator's Report —Administration Mayor /Council Input Closed Session: Property Negotiations — PID#'s 22 -32 -24-42 -0001 & 22- 32 -24 -42 -0001 Public Works Union Negotiations Update Adjournment [A] REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 20, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 20, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trade and Tony Howard Councilmember absent: None Also present: City Administrator Jim Dickinson Community Development Director, Dave Carlberg City Attorney Scott Baumgartner Others PLEDGE OFALLEGIANCE 10 RESIDENT FORUM No one wished to address the Council. BADGE PRESENTATION— FIRE DEPARTMENT Chief Winkel presented to the Mayor and City Council the newest firefighters who have completed their minimum requirements for the first year as an Andover firefighter. Steve Bohmert Steve Curry Kortnie Crayford Tiffany Engstrom Kirby Kropp Jean Olson Nathan Renk Paul Willis Mayor Gamache presented the new firefighters with their badges. AGENDA APPROVAL 0 Staff presented additional supplemental information on items 7 and 13. Motion by Trade, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. ® Regular Andover City Council Meeting Minutes —August 20, 2013 Page 2 APPROVAL OF MINUTES July 23, 2013, Workshop Meeting: Correct as amended. Councilmember Trade requested a correction on page 1, line 40, "Sheriff Stuart stated they are proposing no increase of staffing for Andover ". Page 3, paragraph 1, should be combined with the last paragraph on the page before because it is all on the same topic otherwise it is confusing. Page 6, line 31, she asked staff to insert an answer to her question. Page 9, line 23, they were talking about the levy. After the word "and" it should read "if there are large projects being proposed..." Motion by Trade, Seconded by Howard, to approve the minutes as amended. Motion carried unanimously. August S, 2013, Regular Meeting: Correct as presented. There were no changes. flMotion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried a 4 ayes, 1 present ( Trude). August 5, 2013, Closed Session Meeting: Correct as presented. There were no changes. Motion by Bukkila, Seconded by Howard, to approve the minutes as presented. Motion carried on a 4 ayes, 1 present ( Trude). CONSENT ITEMS Item 2 Approval of Claims Item 3 Call for Public Hearing on the proposed Modification to the Development Program for Development District No. 1 and the proposed Establishment of Tax Increment Financing District 1 -6 (See Resolution R068 -13) Item 4 Approve Purchase Agreement — 3200 South Coon Creek Drive (PID #29- 32 -24- 44 -0022) Item 5 Declare Surplus Equipment Item 6 Approve Contract for School Liaison/Anoka Hennepin School District #11 © Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. &DO T Y O F © Regular Andover City C Minutes — August 20, 201 age ANOKA COUNTYSHERIFF 'SDEPARTMENTMONTHLYREPORT Commander Halweg presented the July 2013 Anoka County Sheriff's Department monthly report to the Council. PUBLIC HEARING: VACATION OF EASEMENT — 14182 UPLANDER STREET NW — JORJAN STEIN Mr. Carlberg explained the proposed vacation of easement would reduce the existing ten -foot rear yard drainage and utility easement to five feet, as requested by Mr. Jorian Stein. Mr. Carlberg reviewed the staff report with the Council. Motion by Knight, Seconded by Bukkila, to open the public hearing at 7:21 p.m. Motion carried unanimously. Ms. Keane, 14158 Uplander Street NW, stated her property was adjacent to this one and she © thought this was a good idea. Motion by Knight, Seconded by Bukkila, to close the public hearing at 7:22 p.m. Motion carried unanimously. Motion by Trude, Seconded by Knight, to approve Resolution R069 -13, Vacation of Easement. Motion carried unanimously. APPROVE CONDITIONAL USE PERMIT AMENDMENT — EXTENSION OF SUBORDINATE CLASSROOM STRUCTURES — 16045 NIGHTINGALE STREET NW — ANDOVER CHRISTIAN CHURCH Mr. Carlberg stated the applicant, Andover Christian Church, is requesting an amendment to their existing Conditional Use Permit to extend the timeframe for the removal of the subordinate classroom structures on their property by five years. Mr. Carlberg reviewed the staff report with the Council. Councilmember Trude asked if they were performing fire inspections every other year along with other commercial buildings in the City. Mr. Carlberg indicated the Fire Department tries to perform inspections on facilities every two to three years. © Councilmember Trude asked if there was a building code inspection for something like this. Mr. Carlberg stated when this was originally installed it would have been inspected by the building Department and the only time they would go back to re- inspect would be if there was a complaint or storm damage. Ongoing inspections by the Building Department are not done. Councilmember Trude asked if this would be something the Council would have the prerogative © Regular Andover City Council Meeting Minutes —August 20, 2013 Page 4 to request. Mr. Carlberg indicated there is nothing in the State Statute or Building Code to require it. If it is added as a condition to have the Building Department inspect every three years, the Council can do that. Councilmember Trade thought it might be a good idea to inspect temporary or portable structures periodically. She noted this structure was not new when it was brought into Andover so they do not know how old it is and it may be a good idea to periodically inspect it. Mr. Carlberg noted when the structure was brought into Andover the Building Department inspected the structure to make sure it was anchored properly and met all the building codes at that time. Mr. Dickinson indicated if the building appears to be falling into disrepair the Building Maintenance Code could be applied. Councilmember Bukkila indicated the concern is for safety and welfare, not necessarily just the fire prevention of the building. She wondered if there was something they could put into the Conditional Use Permit stating they have a review of the building by the Building Department. Councilmember Howard stated if they are going to have an inspection for church portables, there © should be the same for the school portables. Mayor Gamache stated if they do change this, they should do it on all of the portables in the City when approving an extension. Mr. Carlberg stated the Council could add a condition to the Conditional Use Permit indicating that each time the structure comes up for renewal, the Building Department will do an inspection and look for structural and safety issues. Councilmember's Trade and Bukkila liked that idea and Councilmember Trade stated she would like to see the condition each time a portable structure comes up for renewal. Motion by Knight, Seconded by Bukkila, to approve Resolution R070 -13, approving the proposed Conditional Use Permit Amendment adding Condition 3. "Inspection by the Building Department." Motion carried unanimously. APPROVE CONDITIONAL USE PERMIT — SINGLE STATION BEAUTY SALON — 1640 155TH LANE NW Mr. Carlberg stated the applicant, Arbor Oaks Senior Living, LLC, is seeking approval of a Conditional Use Permit allowing a single station beauty salon in the existing structure to serve both tenants and the general public. Mr. Carlberg reviewed the staff report with the Council. QCouncilmember Knight asked if this will include advertising signage. Mr. Carlberg indicated there will not be any signage on the building. Councilmember Trade asked about the hours of operation. Mr. Carlberg stated the hours are © Regular Andover City Council Meeting Minutes —August 20, 2013 Page 5 between 9 a.m. to 6 p.m., Monday - Saturday, as requested by the applicant. Councilmember Trade stated because a permit for this type of business is expensive, she wondered if there was a potential to expand the hours of operation, noting it would be more economical to include that now. She would be fine with expanding the hours now because this would be isolated and would not impact properties around them. The applicant, Roger Fink, Trident Development, stated the potential for adding evening hours is an excellent suggestion and if the Council sees fit, they would welcome the opportunity to expand into evening hours should the clientele request that. Councilmember Bukkila indicated she would be fine with extending the hours until 9:00 p.m. Mayor Gamache asked if there was anything on the City side restricting this. Mr. Carlberg indicated there was not. Motion by Knight, Seconded by Bukkila, to approve Resolution R071 -13, approving the proposed Conditional Use Permit changing Condition 3 to Sunday - Saturday, 9:00 am to 9:00 p.m. © Councilmember Trade stated the City was happy with what Arbor Oaks is bringing to the community. Motion carried unanimously. APPROVE VARIANCE — 551 1 JUNIPER STREET NW — SIDE YARD SETBACK — BENJAMIN RONO Mr. Carlberg stated the applicant is requesting a variance to reduce the side yard setback from ten feet to eight feet for the existing home and to allow the construction of an addition to the home with an eight foot setback as requested by Benjamin Rono. Mr. Carlberg reviewed the staff report with the Council. Councilmember Trade thought this looked really good. Motion by Bukkila, Seconded by Howard, to approve Resolution R072 -13, approving a variance to the requirements in accordance with City Code 12 -14 -7 for Property located at 15511 Juniper Street NW. The applicant indicated his address was incorrect on the staff report. Mr. Carlberg indicated they would get the address corrected on all paperwork. Motion carried unanimously. © Regular Andover City Council Meeting Minutes —August 20, 2013 Page 6 APPROVE VARIANCE — 158 73 LINNET STREET NW — 3 YEAR LOT SPLIT REQUIREMENT — SCOTT ALLEN Mr. Carlberg stated the applicant is requesting a variance to allow a lot split more than one time in any three year period as regulated in City Code 13 -1 -3. Mr. Carlberg reviewed the staff report with the Council. Councilmember Trude asked if there was an ordinance change could a refund be given for this application and Mr. Allen would then just apply for a lot split. Mr. Carlberg stated that could happen. He stated the amendment could be before the Council at the next work session; they could schedule a Public Hearing before the Planning and Zoning Commission on September 10; it would then come back to the Council at their third meeting in September for a decision. Within a month they could have the ordinance amendment processed. Councilmember Trude asked Mr. Allen if he would be open to waiting on an ordinance amendment rather than proceeding with the variance request. © Councilmember Bukkila stated because this is part of a bigger project the Council has been working on over the past year. She asked when we anticipate that the entire project would be coming forward. Mr. Carlberg indicated the three year /lot split provision is not grounded in the land use table project; it is in a separate part of the City Code. Mr. Scott indicated he would like to move forward with this variance because he does have people interested in the lot now. Councilmember Bukkila indicated she did not want to rush through an ordinance amendment process and would like to get more information on how many properties an amendment would affect. Mr. Carlberg reviewed the Allen variance approval process with the Council. After a quick review by Mr. Carlberg, Councilmember Bukkila stated she understood the process and would be fine with the variance request moving forward. Motion by Trude, Seconded by Howard, to Approve Resolution R073 -13, approving a variance to the requirements in accordance with City Code 12 -14 -7 for property located at 15873 Linnet Street NW. Motion carried unanimously. DISCUSS PROPOSED AMENDMENTS TO THE CITY CODE REGARDING FINES Mr. Carlberg stated the City Council is requested to review proposed amendments to the City Code regarding fines. City Attorney Baumgartner reviewed the proposed City Code changes with the Council. Councilmember Trude stated she would like to see more things handled with administrative fines, but moving them to petty misdemeanor does allow the City the ability to collect fines and ® Regular Andover City Council Meeting Minutes —August 20, 2013 Page 7 not tie people up in court. She doe not like having residents worry about some kind of criminal record because their grass is too tall. She supports seeing more of these items moved to petty misdemeanor. She stated a lot of the things in the table look like they should be petty misdemeanors and then a repeat offense would be a misdemeanor. City Attorney Baumgartner stated on some of these items, he wants to be able to talk to the people. If removed from this list, he will not have a chance to do that, the violator could just send in a fine payment and the problem may not get resolved. He stated he tried to keep some of those items on the table as misdemeanors, especially if there is restitution or a potential neighbor problem so it can be fixed before the problem blows up too much. Mayor Gamache stated usually by the time it gets to the City Attorney's prevue, it has been handled by staff for a number of weeks or months. City Attorney Baumgartner reviewed the process that the City takes with code related problems. Mayor Gamache thought that the petty misdemeanor that has been moved from the misdemeanor list makes sense. He thought they were heading down the right path. He noted the only concern he would have is if they did it on some of the ordinance violations and the fine was paid, the problem would not necessarily be corrected and the only thing that happens is that the fine is paid. Councilmember Trude stated they could get fined again, which is what other cities do. Mayor Gamache thought the misdemeanor gives the City the backbone to make sure the problem is corrected. He liked that City Attorney Baumgartner has reviewed this and caught the ones that fall into the category that should be petty and not a misdemeanor. City Attorney Baumgartner suggested the Council submit this to Court Administration for their review. If it gets approved, then we can process the necessary code amendments and submit it formally to Courts Administration. Motion by Bukkila, Seconded by Knight, to approve submittal of the proposed changes to Court Administration and then after their review process the proposed amendments through the City approval process. Motion carried unanimously. SCHEDULE SEPTEMBER EDA MEETING Mr. Dickinson requested the Council schedule a September EDA Meeting to discuss topics as detailed in the staff report. Motion by Trude, Seconded by Knight, to schedule an EDA Meeting on September 3, 2013, at 6:00 p.m. Motion carried unanimously. © SCHEDULE SEPTEMBER COUNCIL WORKSHOP Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in the staff report. Regular Andover City Council Meeting Minutes —August 20, 2013 Page 8 Councilmember Trude wondered if 6:00 p.m. would work out for a tour, she thought they should meet at 5:30 p.m. Mr. Dickinson stated they could change the time to 5:30 p.m. Motion by Bukkila, Seconded by Trude, to schedule a Workshop Meeting on September 24, 2013, at 5:30 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on the Administration and City Department Activities, legislative updates, updates on development /CIP projects, and meeting reminders /community events. Purchase Agreement for 3200 South Coon Creek Drive Mr. Dickinson stated this evening on the consent agenda the Council approved a purchase agreement for 3200 South Coon Creek Drive, the former Woodland Creek Golf Course. The purchase agreement has a number of contingencies in it. There has been an active application before the Board of Water and Soil Resources (BWSR) for identifying that facility as containing © a conservation easement for wetland banking. That application is going to be reviewed by the BWSR Board on August 29`h. At this point in time, the application is being recommended for approval by BWSR staff and the program review committee. If it is approved, the City will close on the property by October 1, 2013. The wetland banking easement would restore the property back to a wetland and there would also be some nature trails around the perimeter of the property. The goal is to make it more attractive than what it is today. Councilmember Howard thanked staff for working on the golf course project to make this a positive to help the surrounding homeowners restore value in their property that had been lost. Mayor Gamache stated if approved, this item should have a public meeting with the residents as to what will occur. Mr. Dickinson noted this will be a requirement as a part of the easement process. Pizza Ranch Mr. Carlberg announced Pizza Ranch will be coming to Andover, on the lot next to Wal -Mart. He noted Christian Brothers Automotive ribbon cutting is set for September 3, 2013 at 10:30. Arbor Oaks ribbon cutting ceremony is September 8, 2013 at 12:00 p.m. Bunker / County Road 7 Project Councilmember Knight asked when the Bunker /County Road 7 work be completed. Mr. Dickinson stated a specific date has not been set but he was told it would be open before winter. © MAYOR/COUNCIL INPUT (Andover Baseball All Star Tournament) Mayor Gamache thanked Andover Baseball for their Regular Andover City Council Meeting Minutes —August 20, 2013 Page 9 All Star Tournament. He thought this was a nice event and a big turnout. (Festival Foods Repairs) Mayor Gamache stated he has had a lot of positive comments about the new Wal -Mart that opened in Blaine and he stated that the Andover Festival Foods should repair their outside lighting. Councilmember Trude was sure they want to fix this and stated the Festival store is very clean. (American Legion Boys Nation Election) Councilmember Trude stated there was an individual elected American Legion Boys Nation President at the end of July and he lives in Andover. She thought it would be great if they could honor him at an upcoming meeting. (Fight Like A Girl Awareness Event) Councilmember Bukkila stated the Community Center hosted a free awareness event called "Fight Like A Girl "; the event was about two hours long and featured two victims of crime. She thought this was a great event put on by Sealed Mindset. RECESS © Mayor Gamache recessed the regular City Council meeting at 8:30 p.m. to a closed session of the City Council to discuss Property Negotiations — PID #'s 22- 32 -24 -42 -0001 & 22- 32 -24 -42 -0014 and Public Works Union Negotiations Update The City Council reconvened at 8:45 p.m. ADJOURNMENT Motion by Howard, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:46 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary l —J REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 20, 2013 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE ........................................................................... ..............................1 RESIDENTFORUM ........................................................................................ ..............................1 BADGE PRESENTATION — FIRE DEPARTMENT .................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims .................................................................................... ............................... 2 Call for Public Hearing on the proposed Modification to the Development Program for Development District No. 1 and the proposed Establishment of Tax Increment Financing District 1 -6 (See Resolution R068 -13) ................................................ ............................... 2 Approve Purchase Agreement — 3200 South Coon Creek Drive (PID #29- 32 -24 -44 -0022) ..... 2 DeclareSurplus Equipment ......................................................................... ............................... 2 Approve Contract for School Liaison/Anoka Hennepin School District # 11 ............................. 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 3 PUBLIC HEARING: VACATION OF EASEMENT —14182 UPLANDER STREET NW — JORIAN STEIN (See Resolution R069- 13) ................................................ ............................... 3 APPROVE CONDITIONAL USE PERMIT AMENDMENT — EXTENSION OF SUBORDINATE CLASSROOM STRUCTURES —16045 NIGHTINGALE STREET NW — ® ANDOVER CHRISTIAN CHURCH (See Resolution R070- 13) ............... ............................... 3 APPROVE CONDITIONAL USE PERMIT — SINGLE STATION BEAUTY SALON —1640 155TH LANE NW (See Resolution R071 -13) ............................................. ............................... 4 APPROVE VARIANCE — I5511 JUNIPER STREET NW — SIDE YARD SETBACK — BENJAMIN RONO (See Resolution R072- 13) .......................................... ............................... 5 APPROVE VARIANCE —15873 LINNET STREET NW — 3 YEAR LOT SPLIT REQUIREMENT — SCOTT ALLEN (See Resolution R073 -13) ................................ ..............................6 SCHEDULE SEPTEMBER EDA MEETING ................................................ ............................... 7 SCHEDULE SEPTEMBER COUNCIL WORKSHOP .................................. ............................... 7 ADMINISTRATORREPORT ........................................................................ ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 Andover Baseball All Star Tournament ....................................................... ............................... 8 FestivalFoods Repairs ................................................................................. ............................... 9 American Legion Boys Nation Election ...................................................... ............................... 9 Fight Like A Girl Awareness Event ............................................................. ............................... 9 ADJOURNMENT............................................................................................ ............................... 9 H