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HomeMy WebLinkAboutCC - September 5, 2017VNL6 Y O%F�ap © ®V Ella 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, September 5, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation -Constitution Week September 17-23, 2017 Proclamation -Domestic Violence Awareness Month Fire Badge Presentation Resident Forum Agenda Approval 1. Approval of Minutes (8/15/17 Regular, 8/15/17 Closed) Consent Items 2. Approve Payment of Claims —Finance 3. Accept Donation/Safe Kids Anoka County/Andover Community Center — Community Center 4. Accept Petition for Sanitary Sewer (Septic)/ Approve Resolution Ordering project/1131 1791" Avenue NW— Administration 5. Approve Funds Transfer & Budget Adjustments — Trail / Transportation & Capital Equipment Reserve Capital Projects Funds (CPF) —Finance 6. Accept Contribution/Tim & Sheila Freeman/Plaques on City Hall Benches - Finance Discussion Items 7. Conditional Use Permit (CUP) — On -Sale Liquor License -1836 Bunker Lake Blvd -Andover Cinema — Cinema Entertainment Corp. - Planning 8. Approve On -Sale Intoxicating Liquor License/1836 Bunker Lake Blvd./Andover Cinema —Administration 9. Variance Request -15260 Nightingale St. NW. —Chris Hynes —Planning 10. Consider Letter of Support and Assistance for Round Lake Offshore Cattail Harvest/17-41 — Engineering Staff Items 11. Schedule EDA Meeting -Administration 12. Administrator's Report —Administration Mayor/Council Input Closed Session — Union Negotiations Update Adjournment E REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 5, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, September 5, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila and Valerie Holthus Councilmember absent: James Goodrich Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OFALLEGIANCE PROCLAMATIONS Mayor Trude read the proclamations recognizing the following: Constitution Week — September 17-23, 2017 Domestic Violence Awareness Month — October 2017 The proclamations will each be signed by all of the Councilmembers. FIRE BADGE PRESENTATION Fire Chief Streich came to the podium to introduce the new City Firefighters. He expressed his pleasure in recognizing their efforts and preparation. He explained each firefighter went through both fire and medical training and thanked their families for their support. Mayor Trude thanked the firefighters and their families on behalf of the City Council. RESIDENT FORUM 0 No one wished to address the Council. © Regular Andover City Council Meeting Minutes —September 5, 2017 Page 2 AGENDA APPROVAL The Closed Session was removed from the agenda. Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried 4 ayes and 1 absent (Goodrich). APPROVAL OF MINUTES August 15, 2017, Regular Meeting: Correct as amended. Mayor Trude requested the following corrections: Page 3, line 35 - insert the motion was made by Bukkila, and seconded by Knight Page 4, line 19 and 20 — replace with "Councilmember Holthus motioned to call the question. She did not have the floor at the time of the motion. Page 4, line 23 — insert — "Motion carried unanimously." Page 6, line 27, insert — "Mayor Trude noted it takes a 2/3 vote to end debate." Motion carried. © Page 6, line 29, replace with "primary motion" instead of "substitute motion." Motion by Bukkila, Seconded by Knight, to approve the minutes as indicated above. Motion carried 4 ayes and 1 absent (Goodrich). August 15, 2016, Closed Meeting: Correct as written. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented above. Motion carried 4 ayes and 1 absent (Goodrich). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Donation/Safe Kids Anoka County/Andover Community Center (See Resolution R061-17) Item 4 Accept Petition for Sanitary Sewer (Septic)/Approve Resolution Ordering Project/1131 179"' Avenue NW (See Resolution R062-17) Item 5 Approve Funds Transfer & Budget Adjustments — Trail/Transportation & Capital Equipment Reserve Capital Projects Funds (CPF) Item 6 Accept Contribution/Tim & Sheila Freeman/Plaques on City Hall Benches (See Resolution R063-17) © Motion by Holthus, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried 4 ayes and 1 absent (Goodrich). © Regular Andover City Council Meeting Minutes —September 5, 2017 Page 3 CONDITIONAL USEPERMIT (CUP) — ON-SALELIQUOR LICENSE -1836 BUNKER LAKE BLVD —ANDOVER CINEMA — CINEMA ENTERTAINMENT CORP Mr. Janish explained Mr. Tillemans, Vice President of Cinema Entertainment Corp., submitted the CUP request. To ensure the viability of the Andover Cinema in a competitive market, Cinema Entertainment Corp. is requesting a CUP so they can obtain a liquor license. The trend with theatres is now the offering of beer, wine and liquor. In addition to the Coon Rapids theatre, Andover Cinema's biggest competitor, several other metro theatres currently have liquor licenses. Mr. Janish confirmed that the Planning and Zoning Commission approved the CUP with a 5-0 vote. Mr. Janish reviewed the information with the Council. Councilmember Bukkila moved approval of the resolution. Councilmember Holthus inquired about safeguards so drinks are not served to minors. Mr. Tillemans came to the podium and explained the staff would be specially trained to watch for individuals buying drinks for themselves and then passing them on to minors. Councilmember © Holthus asked what would happen if an usher discovered underage drinking in the theatre. Mr. Tillemans stated he would discuss with the Anoka County Sheriff as to how they want it to be handled. City Attorney Baumgartner stated underage drinking is actually two separate crimes, one crime is committed by the underage drinker and the other by the person supplying the drink to the underage drinker. He indicated he would hope that law enforcement would be called to "send a message." Mayor Trude asked about carding. Mr. Tillemans confirmed only trained staff will be serving alcohol. Mayor Trude stated law enforcement can help with training and that violations would be taken seriously. Mr. Dickinson confirmed the CUP will state that liquor cannot leave the building. Mr. Tillemans confirmed when the last show begins, alcohol will no longer be served. Mayor Trude thanked Mr. Tillemans for investing in their business in the community. Motion by Bukkila, Seconded by Knight, to approve Resolution No. R064-17, approving a Conditional Use Permit for an On -Sale Liquor License on the property located at 1836 Bunker Lake Boulevard. Motion carried 4 ayes and 1 absent (Goodrich). APPROVE ON -SALE INTOXICATING LIQUOR LICENSE/1836 BUNKER LAKE BLVD/ANDOVER CINEMA Mayor Trude asked if there were questions of staff. There were none. © Motion by Bukkila, Seconded by Knight, to approve the On -Sale Liquor License. Motion carried 4 ayes and 1 absent (Goodrich). © Regular Andover City Council Meeting Minutes —September 5, 2017 Page 4 VARIANCE REQUEST — 152 60 NIGHTINGALE ST NW — CHRIS HYNES Mr. Janish explained Mr. Hynes submitted a variance request for his property located at 15260 Nightingale Street NW. The request was to construct an accessory building over 15 feet in height and greater than fifty percent of the total square footage of the foundation of the principal structure. The applicant owns 2.953 acres within the R-4 Single Family -Urban zoning district. The applicant's home is 2,200 of livable square feet on each level. Under the current requirements, the applicant would be able to construct a 1,100 -square foot accessory building. The applicant is proposing a 36 foot by 60 -foot (2,160 square feet) accessory building. The applicant currently stores their possessions on family owned property that the City of Andover is acquiring as part of the City Campus Master Plan across the street from the applicant's family. The City of Andover will have possession of the property in December 2018. The applicant has provided a letter with his intent to construct the accessory building. Under current requirements, the applicant would be limited to a height of 15 feet. The applicant is proposing a building that would have 16 -foot sidewalls and a 5/12 pitch to the roof. This would equate to the overall height of the accessory building to be 23.5 feet. After the public hearing, the Planning and Zoning Commission made a recommendation to approve the variance with a vote of 4- 0 1. Councilmember Bukkila inquired about the direction that the doors would face. Mr. Janish explained they would be towards Nightingale Street and the applicant is not seeking a new driveway access. Mayor Trude noted there is no one in the audience from the neighborhood to speak to the request. Motion by Holthus, Seconded by Bukkila, to approve Resolution No. R065-17, approving the variance at 15260 Nightingale Street NW. Motion carried 4 ayes and 1 absent (Goodrich). CONSIDER LETTER OFSUPPORTAND ASSISTANCE FOR ROUND LAKE OFFSHORE CATTAIL HARVEST/17-41 Mr. Berkowitz explained The Round Lake Association (RLA) is applying for a DNR Metro Conservation Partners Legacy Grant with hopes of eradicating the invasive narrow -leafed cattail that is prevalent in Round Lake. As a part of this application process, the applicant must seek project partners to assist in the effort. The RLA has approached the City to see if it could be a project partner and contribute cash and staff time. The request is for $2,000/year, staff in-kind services of $7,000 and a letter of support. The grant requires a match of 10%. The City is also asked to be the fiscal agent for the grant. © Kathy Tinglestad came to the podium as a volunteer on behalf of Senator Jim Abeler's office. She noted Round Lake and Kelsey Park fall into the City Park Master Plan for that area. Round Lake is a significant community asset. Ms. Tinglestad showed photos of the invasive cattails. There are also © Regular Andover City Council Meeting Minutes —September 5, 2017 Page 5 natural cattails [non-invasive] around the edge of the lake. The invasive cattails are actually a floating mass as they do not deep root. A permit has been issued to harvest the cattails. The lake is not very usable due to the invasive cattails and they would like to bring it back to how it looked 10- 15 years ago. The RLA is in the process of applying for a $400,000 grant through the Metro Conservation Partners Grant program, funded by the 2008 state sales tax legacy funding. The maximum limit of a grant request is $400,000. Ms. Tinglestad expressed the importance of getting buy -in from the community. The total request for the City is $13,000 of the $10,000 needed to 10% match. The rest of the 10% match is coming from the Round Lake Association. Ms. Tinglestad explained some of the cattails are as high as 8 feet and that they cannot see a path to the neighbor's home nearby. Roots grow 2-3 feet below the surface, but do not root deep. When the invasive cattails disintegrate, they turn into "floating muck." This is degrading to the biodiversity. "Bushes" are now growing on the floating masses, almost like an "island." The RLA has recently incorporated in conjunction with this work. A harvester piece of equipment would be used to harvest the floating cattails and then the material would be brought back to the edge of the lake and hauled away, possibly to the County compost site. Harvesting would occur in 2018 and would take about 3 months in the summer or'/4 of an acre in a day and 36 acres would be targeted. This effort would protect the long-term biodiversity and long-term assets of the community. © Representative Peggy Scott stated she is happy to see so many residents in attendance and recounted that she met with the group about 1.5 years ago. She acknowledged Ms. Tinglestad as a super volunteer and stressed the importance of the lakes to the Andover community. Senator Abeler indicated it is great to see the public at the meeting about this issue. He recounted catching fish in the lake as a young person and expressed his hope that it would be like that again for future young people. He also suggested students could possible study this project. Senator Abeler stated he is very happy with how the WDE landfill project has been moving along, and commented that the photos of the colored sludge were really helpful in progressing that clean up project. Councilmember Knight asked if harvesting the cattails will get rid of them [permanently]. Ms. Tinglestad replied it is not known how to permanently eradicate it. Residents will try to gather any stray cattails that are not harvested. It may be another 20 years before the cattails would come back. The growth that has happened now has been from 10 years or so. Councilmember Holthus asked if anything could be done with herbicide that works on narrow leaf, like milfoil. Ms. Tinglestad replied that harvesting is the most effective and most natural. The biodiversity comes back following the harvesting. Councilmember Holthus asked what the City employees might be doing. The response was fiscal © agent, natural resources, GIS, mapping, etc. Mr. Berkowitz stated it is an educational opportunity for City staff as well. Mayor Trude recognized the residents in attendance to support this effort and noted the Council had Regular Andover City Council Meeting Minutes —September S, 2017 Page 6 heard about this issue in the past from the DNR. She asked if the grant -funded project would disturb the shoreline and wildlife. Ms. Tinglestad confirmed that having the cattails removed will increase the biodiversity of the lake. Mr. Berkowitz noted if the cattails are not harvested and 5 years would go by, there would be no accessible shoreline. He reminded those in attendance that these are non-native invasive species. Motion by Holthus, Seconded by Bukkila, to approve the requested monetary donation, letter of support and being the fiscal agent for the grant. Motion carried 4 ayes and 1 absent (Goodrich). SCHEDULE EDA MEETING Mr. Dickinson requested the Council schedule an EDA Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Motion by Bukkila, Seconded by Holthus, to schedule an EDA Meeting on September 19, 2017, at © 6:00 p.m. Motion carried 4 ayes and 1 absent (Goodrich). 91 I uUMMAXI 3�I�U.yr City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Mr. Dickinson) Mr. Dickinson has been to several meetings including the Local Government Aid Policy Committee with Metro Cities. There have been some policy changes over the last couple of years. The suburbs want to be at the table, even if they do not receive government aid. The Sewer Assessment Task Force is done and is making a recommendation to the Met Council. The goal is to have a decision in place January 1 after rolling it out to the municipalities for review. The Estates at Arbor Oaks had their ribbon cutting ceremony. Mr. Dickinson pointed out they dropped the price $300 per unit, per month, so residents should look at the facility again if price was a concern. The Anoka -Hennepin School District has been assessing their facility needs and there will be a referendum vote this fall. The impact to the community would be 60,000 square feet of additional space proposed for Andover High School. September 91h is the fall Recycling Day at Public Works. There will also be a Sheriffs Department open house on September 121h in the late afternoon and evening. September 23`d, the Fire Department will have their open house at the Andover Community Center with fire education happening that day. Mr. Dickinson explained the event would be off-site to allow for more people to attend and fire calls to still happen. There have been 78 new homes permitted so far this year. The Parade of Homes is starting this weekend, Andover has 10 homes in © the Parade of Homes. Mayor Trude commented the people visiting the parade homes often have questions about the City and the developments, those showing the homes cannot answer. Mr. Dickinson responded he visits with representatives each year and reports back to the builder. Regular Andover City Council Meeting Minutes —September 5, 2017 Page 7 (Mr. Berkowitz) Mr. Berkowitz indicated the trails right by the middle school were completed last week. The Andover Boulevard trail was paved last week. Grass seed at Fox Meadows Park is popping up. By next summer, there should be a nice playing surface at that park. Councilmember Knight inquired about the "rehabbing" of the building that will be used for animal training along 7`h Avenue. Mr. Berkowitz confirmed they are repaving the parking lot and sprucing up the area. Mr. Berkowitz confirmed they are wrapping up the construction phase and moving back into the planning phase for 2018 projects. (Mr. Janish) Mr. Janish indicated the City received a preliminary plat request for 77 new lots last Friday. The development is called Winslow Cove. He expects there will be a variance request for consideration at the next meeting. He also reported he has utilized the legal department for residents not responding to City Staff on code enforcement items. MA YORICO UNCIL INPUT ® (Mayor Trade) Mayor Trude noted that the City's Facebook page reminds residents of upcoming recycling events. The Newsletter covers these items as well. There is a Fire Department open house coming up at the Andover Community Center. The location has changed to provide more parking and food trucks will be available. Several local churches are also holding fall activities including a 50'h anniversary celebration for Grace Lutheran Church; others are inviting members of the community to outdoor festivals. Bunker Lake Boulevard still does not have lights up, post - construction. She commented that adding shoulders to Crosstown Boulevard would make it safer for biking or skate boarding and that will be evaluated coming up. She also expressed appreciation for the hard work that has been done to wrap up park projects. ADJOURNMENT Motion by Holthus, Seconded by Bukkila, to adjourn. Motion carried 4 ayes and 1 absent (Goodrich). The meeting adjourned at 8:15 p.m. Respectfully submitted, Marlene White, Recording Secretary C Regular Andover City Council Meeting Minutes —September 5, 2017 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 5, 2017 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 PROCLAMATIONS....................................................................................................................... 1 FIREBADGE PRESENTATION................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 2 APPROVALOF MINUTES........................................................................................................... 2 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Accept Donation/Safe Kids Anoka County/Andover Community Center (R061-17).. 2 Item 4 Accept Petition for Sanitary Sewer (Septic)/Approve Resolution Ordering Project/1131 179`h Avenue NW (R062-17)........................................................................ 2 Item 5 Approve Funds Transfer & Budget Adjustments — Trail/Transportation & Capital Equipment Reserve Capital Projects Funds(CPF)............................................................. 2 © Item 6 Accept Contribution/Tim & Sheila Freeman/Plaques on City Hall Benches (R063-17) 2 CONDITIONAL USE PERMIT (CUP) — ON -SALE LIQUOR LICENSE —1836 BUNKER LAKE BLVD. — ANDOVER CINEMA — CINEMA ENTERTAINMENT CORP. (R064-17) 3 APPROVE ON -SALE INTOXICATING LIQUOR LICENSE/1836 BUNKER LAKE BLVD./ANDOVER CINEMA................................................................................................... 3 VARIANCE REQUEST — 15260 NIGHTINGALE ST NW — CHRIS HYNES (R065-17).......... 4 CONSIDER LETTER OF SUPPORT AND ASSISTANCE FOR ROUND LAKE OFFSHORE CATTAIL HARVEST/17-41..................................................................................................... 4 SCHEDULEEDA MEETING........................................................................................................ 6 ADMINISTRATOR'S REPORT.................................................................................................... 6 (Mr. Dickinson)........................................................................................................................... 6 (Mr. Berkowitz).......................................................................................................................... 7 (Mr. Janish)................................................................................................................................. 7 MAYOR/COUNCIL INPUT.......................................................................................................... 7 (Mayor Trude)............................................................................................................................. 7 ADJOURNMENT........................................................................................................................... 7 H