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HomeMy WebLinkAboutCC - September 16, 2014C I T Y O F ND OVE 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, September 16, 2014 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Special Presentation — Donation from Andover Lions Agenda Approval 1. Approval of Minutes (8/26/14 Workshop; 9/2/14 Regular; 9/2/14 Closed) Consent Items 2. Approve Payment of Claims — Administration /Finance 3. Declare Cost/Order Assessment Roll /12- 37A/Andover Blvd. NW & Crosstown Blvd. NW Turn Lane Improvements - Engineering 4. Receive Assessment Roll/Order Public Hearing/14- 2/2014 Street Reconstruction - Engineering 5. Declare Cost /Order Assessment Roll/1 1-1 6/Rosella Sonsteby Project /SS & WM Extension — Engineering 6. Approve Resolution Accepting Donation from Andover Lions — Community Center 7. Approve Land Purchase Agreement /Open Space /40 acres/PID#1 1-32-24-3 1-0001— Administration 8. Approve Used Vehicle Sales Business License/Real Auto Sales LLC /16191 Round Lake Boulevard — Administration ® Discussion Items 9. Anoka County Sheriff's Dept. Monthly Report - Sheriff 10. Hold Public Hearing/Adopt Assessment Roll/13- 2/2013 Street Reconstruction (Stenquist Addn. & 159d' Ave. NW) - Engineering 11. Consider an Amended Conditional Use Permit — Used Vehicle Sales — 3138 162 "d Lane NW — John Buzick Staff Items 12. Schedule October EDA Meeting — Administration 13. Administrator's Report —Administration Mayor /Council Input Adjournment X DO REGULAR ANDOVER CITY COUNCIL MEETING —SEPTEMBER 16, 2014 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Acting Mayor Sheri Bukkila, September 6, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Julie Trude and Tony Howard Councilmember absent: Mayor Mike Gamache Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Director of Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OFALLEGIANCE RESIDENT FORUM Mr. Aeric Larson, 15841 Norway Street, presented the Council a petition from 144 residents to build additional bike paths in Andover. He reviewed the area by Miller's Woods, the neighborhood would like to have a bike path connection on down Crosstown Boulevard to Xeon Street and also down Prairie Road to connect with Andover Boulevard. Mr. Larson explained the reason why the neighborhood was requesting the bike path connections. He noted there are safety concerns with children riding on the shoulder and the neighborhood feels disconnected from the rest of Andover. Acting Mayor Bukkila thanked Mr. Larson for bringing the petition forward to the Council. She indicated the City focus has been with starting the trail system with the school system and making reasonable connections in micro proportions as budget allows and it is common with a growing City not to have connections everywhere all at once. Mr. Berkowitz stated there are trail system connections identified and as development occurs and funds are raised those funds are used to build the system. They have started in the core of the City and are working their way out. The Capital Improvement Plan (CIP) has identified for the next five years approximately one million dollars in trail improvements. Some of the trail segments had been requested for over ten years ago and they are trying to reach every neighborhood and as funds become available they go a little further along. © Regular Andover City Council Meeting Minutes — September 16, 2014 Page 2 Mr. Dickinson noted the CIP has not yet been adopted for 2015 — 2019. He stated the place to get started is to make sure the project is on the list and identified in the regional trail system. The projects are prioritized and are done as trail funding become available through development activities. Ms. Jane Schwartz, 680158` Avenue NW, asked why there were no funds for 2015. Mr. Berkowitz indicated staff has reviewed the Andover Boulevard segment to the railroad tracks and in the process found that there is not enough money in the budget to cover that segment. He noted as developments come in they will reevaluate the fund but felt there would be enough money in the fund in 2016 to build the Andover Boulevard segments. Councilmember Trude stated she visited with this neighborhood and has talked to people in Constance Corners and there has been discussion about segmenting the first section to get the neighborhoods to the four way stop at 161" Avenue and thought this might be something that could be researched as an option. Ms. Deb Isaacson, 15823 Norway Street NW, asked when path proceeds was mentioned, was this the amount allotted to each lot sold. Mr. Dickinson stated that was correct and those dollars are used for © the regional system and this requested bike path is already on the regional system. Mr. Berkowitz reviewed State Aid Funding and how it is used on the trail system with the residents and Council. Ms. Renee Cedarburg, 15896 Olive Street NW, wondered if the City could charge the trail back to the residents property taxes in the area that want the trail so they can get the trail in sooner rather than waiting for the funds to become available to install the trail. Mr. Berkowitz stated this would be a first when it comes to trails and we have never had a petition on a trail project. Mr. Dickinson stated this can be done but he would not recommend that because it is identified on the regional trail system and not for just one neighborhood. Regional is City wide. Opportunities to fund trails outside of the normal funding sources they have had in the past is not something they have done, and we usually rely on the trail fee or the State Aid dollars. Funding trails with other means such as bonding would need to be a Council decision. SPECIAL PRESENTATION — DONATION FROM ANDOVER LIONS Cindy Ramseier on behalf of the Andover Community Center accepted a $300 donation from the Andover Lions club. AGENDA APPROVAL © Staff submitted supplemental information for Item #9 (Anoka County Sheriff's Office Monthly Report). © Regular Andover City Council Meeting Minutes — September 16, 2014 Page 3 Motion by Trade, Seconded by Howard, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 26, 2014, Workshop Meeting: Correct as amended. Councilmember Trade requested a correction on page five, line 17 -21, "Crooked Lake" should be "Round Lake ". Motion by Knight, Seconded by Howard, to approve the minutes as indicated above. Motion carried unanimously. September 2, 2014, Regular Meeting: Correct as written. Motion by Howard, Seconded by Trade, to approve the minutes as presented. Motion carried unanimously. © September 2, 2014, Closed Meeting: Correct as written. Motion by Trade, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Declare Cost/Order Assessment Roll /12- 37A/Andover Boulevard NW & Crosstown Boulevard NW Turn Lane Improvements (See Resolution R059 -14) Item 4 Receive Assessment Roll /Order Public Hearing/14- 2/2014 Street Reconstruction (See Resolution R069 -14) Item 5 Declare Cost/Order Assessment Roll /11- 16 /Rosella Sonsteby Project/SS & WM Extension (See Resolution R70 -14) Item 6 Approve Resolution Accepting Donation from Andover Lions (See Resolution R071 -14) Item 7 Approve Land Purchase Agreement /Open Space /40 Acres /PID #11- 32- 24 -31- 0001 Item 8 Approve Used Vehicle Sales Business License/Real Auto Sales LLC /16191 Round Lane Boulevard. Motion by Howard, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — September 16, 2014 Page 4 ANOKA COUNTY SHERIFF'S DEPARTMENTMONTHLYREPORT Commander Kevin Halweg presented the August 2014 Anoka County Sheriff's Office Monthly Report. HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL113- 212013 STREET RECONSTRUCTION (STENQUIST ADDITION & 159TH AVENUE NW) Mr. Berkowitz explained the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 13 -2 (Stenquist Addition & 159`" Avenue NW) /2013 Street Reconstruction. Mr. Berkowitz reviewed the staff report with the Council. Acting Mayor Bukkila asked for clarification on the assessment payment if paid in full now and if paid over ten years. Mr. Berkowitz reviewed the payment schedule with the Council. Councilmember Howard wondered what type of items would justify a thousand dollar a lot deduction. Mr. Berkowitz stated when a project is estimated they anticipate quantities and average © bid price. They try to get the project out early in the year and areas efficient as possible and the City tries to keep the indirect costs as low as possible by doing the projects in house. Motion by Knight, Seconded by Howard, to open the public hearing at 7:50 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Howard, to close the public hearing at 7:51 p.m. Motion carried unanimously. Motion by Trude, Seconded by Howard, to approve resolution R072 -14, adopting the assessment roll for Project 13 -2 (Stenquist Addition & 159th Avenue NW) /2013 Street Reconstruction. Motion carried unanimously. CONSIDER ANAMENDED CONDITIONAL USE PERMIT— USED VEHICLE SALES -3138 162" LANE NW Mr. Carlberg stated the applicant previously received approval of a Conditional Use Permit in July 2011, allowing for one used vehicle sales dealer on the subject property. The applicant had one previous amendment in April 2012, to permit the expansion of the parking area and to © ultimately allow four additional used vehicle sales dealers. The applicant is seeking to amend the permit to allow for an additional two used vehicle sales dealers, bringing the total from five to seven allowed. © Regular Andover City Council Meeting Minutes — September 16, 2014 Page 5 Mr. Carlberg reviewed the staff report with the Council. Councilmember Trude asked to display photos of the property for the Council and audience to view. She noted the gate is not inviting and does not allow access during business hours. She did not think the front area was presentable. Councilmember Knight stated the site is not a typical used car site and looks like they do not depend on drive by sales. Mr. Carlberg stated sales are done by appointment only after viewing the cars on the internet. Councilmember Trude stated in 2012 when the site map was approved the Council reviewed this thoroughly. It appears that some of the items the Council wanted changed have not been met. She is concerned about the locked gate. Acting Mayor Bukkila thought the owners were not looking for walk up business and the locked gate is for security of their vehicles. Councilmember Trude stated she did not want to see parking spilling over into the neighborhood or nearby businesses when there is a requirement for parking on site and the key to the gate is not held by everybody. She was also upset that there are junk cars sitting there when this was Qsupposed to be titled cars that are operable, and not obviously damaged as required by the City Code. Councilmember Howard indicated he visited the site and the six parking stalls in front are all assigned to one business. He wondered where the customers parked if they wanted to see another businesses vehicles. Mr. John Buzick, 661 207f' Avenue NE, stated he took over management this last month and this is a different business model. They have never been a problem for any community they have been in. He explained how the businesses work using the internet. Councilmember Trude reviewed the history of the City when they had a significant number of junk yards. She noted also that used car sales had been prohibited in Andover for many years after the junkyards were cleared. A man who wished to sell cars in Andover worked with the Planning and Zoning Commission and City Council for over a year in the mid 2000s to develop the code that allowed him to sell cars here. The guidelines for what could be displayed were written by him and adopted by the Council. Now she is concerned that the establishment seeking more licenses is not complying with those city laws. Mr. Buzick indicated one of the owners, he thought, bought vehicles and sold them as is. Mr. Carlberg stated Council should be concerned with compliance of the 48 hour regulation and not park them beyond that within the area but actually get them within buildings so they are not sitting outside. Councilmember Trude thought the City Code indicated only titled vehicles could be sold and they cannot be repairables. © Regular Andover City Council Meeting Minutes — September 16, 2014 Page 6 Councilmember Knight wondered who kept track of the details. Mr. Carlberg explained the State will come out and verify the business is being run correctly and do an inspection related to the State prescribed licensing requirements. If the Council is concerned for customer parking they can designate that the five spots out front need to be for customer parking only. Acting Mayor Bukkila indicated she is not concerned about where people park when they arrive because it is a one on one business transaction. Mr. Buzick stated in one of his other lots he allows the business to have three spots for show, one spot for the buyer and one spot for the owner of the business. Councilmember Trade stated the State requires five parking spots per business. Mr. Buzick indicated the State does not care how the spots are utilized as long as each business has five parking spots in their name. Councilmember Trade asked for an explanation of the map and where the businesses are located. Mr. Buzick reviewed the site map with the Council. Councilmember Knight asked if the cars are drivable when brought in. Mr. Buzick indicated as far as he knew all the cars are drivable. © The Council discussed with the applicant the condition of vehicles available for sale on site, compared to City Code requirements. City Attorney Baumgartner advised the State does have a requirement that there has to be five parking spots available which is found under Rule 7400.4100. Sub -part three that discusses the display is worded "The area for the display of motor vehicles offered for sale by the dealer must be at least large enough for the reasonable display of five of the vehicles the dealer is selling ". Splitting the five spots between the owner, potential buyer and vehicle display does not qualify. There needs to be five display areas. In respect to the vehicles themselves, it is hard to determine what quality of vehicle the city wants them to sell. They could stipulate the vehicle needs to be street legal with the exception of the license plate. When it is classified as "street legal" the City can use some definitions that have been used in the past that identifies what is and is not street legal. There are buyers for all types of vehicles so it would be hard for the City to make a determination of what kind of vehicle can be sold. To have staff go through the burden identifying which vehicles should qualify being on the lot and which should not, the Council needs to be specific on how they want to do that and not be too arbitrary or subjective. He noted the vehicle needs to be operable because that is a requirement. Acting Mayor Bukkila did not think the City could dictate the aesthetics of the vehicle and to what appeals to every individual cannot be determined. Councilmember Trade stated the Council wrote a code that indicated that no damaged vehicles will be displayed. There was further discussion between the Council on what would be considered damaged vehicles. Regular Andover City Council Meeting Minutes — September 16, 2014 Page 7 Acting Mayor Bukkila asked how they can make it possible for someone to sell used vehicles and descriptively meet the City standard or does the Council want to say no to the CUP. Councilmember Trade stated she thought the applicant understood the conditions. What she is concerned about is if the applicant knew who owns the cars and she did not believe these are the cars for sale. She is worried about the locked access to a public business that is supposed to have posted hours and the public cannot get there. She understood the need for locked areas. Acting Mayor Bukkila did not think there was an issue with the gate protecting assets. Whether or not the applicant wants the gate open and accessible is his business practice and she did not want to interfere with that. Mr. Dickinson stated in regard to visible damage to cars, they would have to apply a common sense rule. Looking at the six cars in a photo he sees one missing a bumper but the others do not have damage, in his opinion the vehicle missing the bumper should be placed inside. Acting Mayor Bukkila asked if the Council stands by the code, can Mr. Buzick comply. Mr. Buzick stated he can comply but also was not sure because when they rent to a car dealer they go out and buy the cars they see fit to buy because they know what they can sell. What he is © requesting with this application, they will not need outside parking because they will have nine stalls in the one building and eight stalls in the other. The outside parking for the two he is requesting conditional to what they already have does not pertain to parking at all. He does not need any parking for them. They will put the stalls inside the building. The parking is there and he did not think the City has had any complaints regarding the businesses. Mr. Carlberg indicated they have not received any complaints. Councilmember Trade asked how customers accessed the businesses behind the locked gate. Mr. Buzick stated all of the tenants have keys to the locked gate and the gate was put up because the dealers requested the gates be put up. He was not aware if the customers have every complained about the locked gate. Mr. Buzick reviewed his understanding of the requirements for the dealer /owners with the Council. Councilmember Trade stated she is concerned with the setup of the businesses on site. She noted the State law requires every physical aspect of the transaction must happen at the business address, including signing title papers and taking possession of the vehicle. Mr. Carlberg suggested the six parking spots in front should be designated as customer parking and relocate the current business parking to the back behind the gate. Mr. Carlberg reviewed the determination that was made at the Planning and Zoning Commission meeting. Regular Andover City Council Meeting Minutes — September 16, 2014 Page 8 Acting Mayor Bukkila asked if the signage would need to be reviewed by the City. Mr. Carlberg indicated a sign permit would need to be pulled with a separate review. Acting Mayor Bukkila asked how many of the front parking spots should be reserved for customer parking. Mr. Carlberg thought they should reserve all of the front parking spaces as customer parking and have all of the tenants have their spaces in the back behind the gate. Councilmember Trade wondered if there was any concern with the landscaping plan or parking plan. Mr. Carlberg indicated all of the landscaping and parking items were approved in 2012 and they are not looking to add more parking lot at this time. Councilmember Trade indicated there were a lot of weeds along the roadway that needed to be taken care of and some landscaping that needs to be maintained. There was discussion regarding maintaining landscaping, it was indicated that an area that looked unkept was actually a drainage area. Councilmember Trade asked if there is going to be any additional clean up or improvements to the site. Mr. Buzick indicated he could remove the signage from the building and install it by the second driveway and all of the doors above their entrances have a fourteen by eighteen sign. Councilmember Trude indicated paint should be installed on the doors. Mr. Buzick stated the entire building will be painted. City Attorney Baumgartner suggested adding a condition to the resolution stating "The applicant shall provide or arrange for the City access to the property for purposes of inspection upon request'. Mr. Buzick indicated he would provide access. Councilmember Trade thought if keys are available maybe it should be in the resolution that any locked areas shall be accessible to each license holder who requires access to parking and vehicle display areas. Councilmember Trade stated they needed to add "maintain a current State and City License" to item three in the resolution because she thought it was a little incomplete on that topic. City Attorney Baumgartner stated for clarification on item four, he understood what the intent was but suggested it be reworded to "each vehicle sales dealer shall be required to have at least five parking stalls and the front parking area shall be designated for the exclusive use of potential buyers." Mr. Buzick stated he did not have any knowledge of when the dealers do reapply at the City. Mr. © Carlberg thought if the city did not get a renewal they would follow up with the property owner to see what is happening. Acting Mayor Bukkila thought if the dealer were to leave, Mr. Buzick should contact the City and if the City does not get a renewal from a dealer, Mr. Buzick should be contacted to see what is going on. Mr. Buzick agreed. Regular Andover City Council Meeting Minutes — September 16, 2014 Page 9 Motion by Knight, Seconded by Howard, to approve the proposed Conditional Use Permit amendment including the site plan be modified to include front parking be identified as customer parking, appropriate signage would be provided and visible off of 161 ' Lane for all the licensees on the property. The building identified as the warehouse building in the back be painted within one years' time and the applicant will allow inspection by the City upon request or arrange the inspection by the City without being reasonably delayed and in item three add "And maintain a current State and City License." Motion carried unanimously. (See Resolution R073 -14) SCHEDULE OCTOBER EDA MEETING Mr. Dickinson requested the Council schedule an EDA meeting in October to discuss topics as detailed in the staff report. Motion by Trade, Seconded by Howard, to. schedule an EDA Meeting on October 21, 2014, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR'S 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. MAYOR/COUNCIL INPUT (Community Center Event) Acting Mayor Bukkila stated at the Community Center on September 18a' - 20'" will be the Just Between Friends Consignment sale. (Road Access for Upcoming Auction) Councilmember Trade wondered if the access on Xeon Street at Andover Boulevard needed fill to provide access to the farm auction coming up. Mr. Berkowitz stated this has been taken care of and set for the auction. (Equipment from Ham Lake) Councilmember Trade stated Ham Lake has a vibratory plow and she wondered if they would have the chance to borrow. Mr. Berkowitz stated this is something they could consider. (Open Space Management Plan) Councilmember Trade asked about the Open Space Management Plan and thought they should have some type of public input meeting. (Mark Smith Property) Councilmember Trade asked what was happening with the Mark Smith property. Mr. Berkowitz reviewed the process happening with the property and the dewatering process. © (Bunker Lake Boulevard Project) Councilmember Trade thought with the Bunker Lake Boulevard road project there will be a lot people alarmed with the sound wall that is proposed going up and she wondered if there is anything that can be done rather than a sound wall. Mr. Regular Andover City Council Meeting Minutes — September 16, 2014 Page 10 Berkowitz stated sound walls are a Federal requirement and if Federal Aid is received an analysis has to be done to see if it meets the criteria of the sound wall. The residents that will be impacted will get the opportunity to vote if they want it or not and the residents in the middle of the section will automatically get it if their neighbors want it. (Measurement Specialties) Councilmember Howard asked when Measurement Specialties is supposed to open. Mr. Carlberg thought it would be sometime in December with a ribbon cutting. He noted he would let the Council know when that will be. (Zipper Merge Lane by Andover High School) Councilmember Howard asked how the zipper merge lane is working by the High School. Mr. Berkowitz stated he has not heard a lot but thought a couple of accidents did happen at the beginning of the school year. ADJOURNMENT Motion by Trude, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:23 p.m. 0 Respectfully submitted, Sue Osbeck, Recording Secretary H Regular Andover City Council Meeting Minutes — September 16, 2014 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 16, 2014 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 SPECIAL PRESENTATION — DONATION FROM ANDOVER LIONS .... ............................... 2 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 3 CONSENTITEMS .......................................................................................... ............................... 3 ApprovePayment of Claims ........................................................................ ............................... 3 Declare Cost/Order Assessment Roll /12- 37A/Andover Boulevard NW & Crosstown Boulevard NW Turn Lane Improvements (See Resolution R059- 14) . ............................... 3 Receive Assessment Roll /Order Public Hearing/14- 2/2014 Street Reconstruction (See ResolutionR069- 14) ............................................................................ ............................... 3 Declare Cost/Order Assessment Roll /11- 16 /Rosella Sonsteby Project /SS & WM Extension (See Resolution R070- 14) .................................................................... ............................... 3 Approve Resolution Accepting Donation from Andover Lions (See Resolution R071 -14) ...... 3 Approve Land Purchase Agreement/Open Space /40 Acres /PID #11- 32- 24 -31- 0001 ................ 3 Approve Used Vehicle Sales Business License/Real Auto Sales LLC /16191 Round Lane Boulevard............................................................................................. ............................... 3 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 4 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /13- 2/2013 STREET RECONSTRUCTION (STENQUIST ADDITION & 159TH AVENUE NW) (See Resolution R072- 14) ...................................................................................................... ............................... 4 CONSIDER AN AMENDED CONDITIONAL USE PERMIT — USED VEHICLE SALES — 3138 162ND LANE NW (See Resolution R073 -14) .................................... ............................... 4 SCHEDULE OCTOBER EDA MEETING ..................................................... ............................... 9 ADMINISTRATOR'S REPORT ..................................................................... ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 CommunityCenter Event ............................................................................. ............................... 9 Road Access for Upcoming Auction ........................................................... ............................... 9 Equipmentfrom Ham Lake .......................................................................... ............................... 9 OpenSpace Management Plan .................................................................... ............................... 9 MarkSmith Property .................................................................................... ............................... 9 BunkerLake Boulevard Project ................................................................... ............................... 9 MeasurementSpecialties ........................................................................... ............................... 10 Zipper Merge Lane by Andover High School ............................................ ............................... 10 ADJOURNMENT............................................................................................ .............................10