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HomeMy WebLinkAboutCC - August 15, 20179CN66W p log 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, August 15, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Fire Fighter Badge Presentation Resident Forum Agenda Approval 1. Approval of Minutes (8/2/17 Regular; 8/2/17 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve No Parking Resolution/Wintergreen Street NW/Country Oaks North 3rd Addition —Engineering 4. Approve Roadway and Drainage and Utility Easement/1671 Lane NW —Engineering 5. Approve Fee Schedule Changes -Administration Discussion Items © 6. Anoka County Sheriff s Monthly Report — Sheriff 7. Consider— Conditional Use Permit— Commercial Animal Training — 15825 7`s Ave NW —Joann Neve — Pianning 8. Discuss Underclift Street NW Multi -Way Stop Sign Evaluation — Engineering/SherifflAdministration Staff Items 9. Schedule September EDA Meeting—Administration 10. Schedule September Council Workshop Meeting—Administration 11. Administrator's Report—Administration Mayor/Council Input Closed Session: Public Work Union Negotiations Update Adjournment H 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING—AUGUST 15, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, August 15, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and'James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OFALLEGIANCE FIRE FIGHTER BADGE PRESENTATION This presentation was postponed until a future meeting of the Council. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Additional information was added as follows: - Item #5A - Approve Application for Exempt Permit/Ducks Unlimited (Supplemental) - Item #7 Conditional Use Permit — Commercial Animal Training — 15825 7 t Ave NW — Support letter received and signage examples (Supplemental) Motion by Holthus, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 2, 2017, Regular Meeting and August 2, 2017, Closed Meeting: Correct as written. © Regular Andover City Council Meeting Minutes —August 15, 2017 Page 2 1 Motion by Knight, Seconded by Goodrich, to approve the minutes as presented. Motion carried 2 unanimously. Motion carried 4 ayes, 1 present (Holthus). 3 4 CONSENT ITEMS Item 2 Approve Payment of Claims 7 Item 3 Approve No Parking Resolution/Wintergreen Street NW/Country Oaks North 3`d 8 Addition (See Resolution R059-17) 9 Item 4 Approve Roadway and Drainage and Utility Easement/1671h Lane NW 10 Item 5 Approve Fee Schedule Changes (See Ordinance 473) 11 Item 5A Approve Application for Exempt Permit/Ducks Unlimited 12 13 Motion by Goodrich, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried 14 unanimously. 15 16 ANOKA COUNTYSHERIFF'S OFFICE MONTHL YREPORT 17 18 Commander Brian Podany gave the monthly Sheriffs Report. He thanked members of the ©19 community for assisting with the arrest of juveniles suspected of thefts in the area. He also 20 recognized Allina Health for contributing equipment for Heart Safe Communities. Fifty parties were 21 hosted on the Night to Unite and were visited by the Sheriff s Department. Over 100 kids attended 22 the fishing event. A new canine is on patrol with the department, for a total of four. The Sheriff s 23 Department Open House is on Tuesday, September 12'. 24 25 Mayor Trude asked if there was an arrest related to the garage door entry thefts in Andover and Coon 26 Rapids. Commander Podany confirmed that Andover investigators helped with that effort. 27 He encouraged residents to keep their vehicles locked outside and not leave any valuables in sight. 28 In addition, garage doors should remain closed. Over a 2- to 3 -week period, one deputy stopped at 29 over 50 homes with garage doors that were open. Most of the incidents happen at night, but 30 sometimes "garage shopping" happens during the day. Primarily these are crimes of opportunity. 31 The recent burglaries at night have been alarming because they were brazen and occurred when 32 people were at home. 33 34 Councilmember Knight asked if drug possession cases had gone up. Commander Podany indicated 35 there were 6 drug arrests this month, some connected with traffic stops. 36 37 CONSIDER—CONDITIONAL USE PERMIT —COMMERCiALANIMAL TRAINING -15825 38 7TH AVENW—JOANNNEVE 39 40 Mr. Janish explained the applicant is seeking a CUP for a Commercial Animal Training location at © 41 the identified existing building. The 2 -acre parcel is often referred to as the "Old Tom Thumb" site 42 and "Old Quick Stop" site. The proposed building would host commercial animal training and is 43 3,500 square feet and will require updating of electrical, HVAC, plumbing and parking lot 44 improvements. All training will take place indoors and there will be no outdoor space used for © Regular Andover City Council Meeting Minutes —August 15, 2017 Page 3 1 training purposes. 2 3 The applicant originally started the business by offering in-home canine training for five years and in 4 2012 obtained a CUP for commercial animal training at the former Andover Liquor site. The 5 applicant is now seeking to relocate to 15825 7`h Avenue NW. 6 7 The Planning & Zoning Commission recommended including a condition of limiting class hours to 8 8:00 a.m. to 9:30 p.m., 7 days a week. It is expected that this facility would create a minimal 9 increase in traffic and that 18 parking spaces would be required. Signage will need to meet the sign 10 ordinance requirements and a permit will be required. 11 12 Mayor Trude stated the City does not put limitations on business hours in commercially zoned areas. 13 The Planning & Zoning Commission considered the neighbors, when wanting to limit hours. 14 Councilmember Bukkila noted complaints would likely be related to noise ordinances. Mr. Janish 15 noted with the CUP the City can add additional conditions. 16 17 Councilmember Holthus asked about the planned hours. Councilmember Goodrich asked if there 18 had been any issues at the current business location. ©19 20 Joann Neve confirmed the business would have night and weekend hours as well as some classes 21 during the day. There will be no classes during overnight hours. She had reviewed the ordinances 22 and she did not see that there would be any problem complying. She requested the Council lift the 23 restriction recommended by the Planning & Zoning Commission and refer to the City Code or move 24 it to 10:00 p.m. Her business is focused on family training and behavior issues, puppy training and 25 human training. She also addressed the opportunity to train people to be safe around dogs and she 26 may consider offering agility training with the bigger space this location offers. Ms. Neve confirmed 27 she does do therapy dog training. Councilmember Knight asked if the dog brain was the most like 28 the human brain. Ms. Neve pointed out that dogs really learn to read human faces. 29 30 Councilmember Holthus stated she is pleased to see a business going into that space. 31 32 Councilmember Goodrich expressed support for removing the time restriction. 33 34 Councilmember Bukkila moved approval of the resolution, removing the restriction on the time 35 limits. Seconded by Knight. Mr. Baumgartner noted the resolution should include clarification that 36 "animal training should be limited to domestic canine training" in 46. 37 38 Michele Smith, of 3931 146`h Lane NW, stated she works with Ruff Start Rescue. Most of the dogs 39 that the Rescue serves are because of poor training or lack of training. She enrolled a dog 4 months 40 ago. She came to the Council meeting in support of behavioral training which is on the other side of ® 41 rescue. 42 43 Robert Whitcraft, of 16002 Valley Drive NW, sent a letter to the City. He stated the Planning & 44 Zoning Commission did a great job addressing the concerns that the public brought forward. He © Regular Andover City Council Meeting Minutes —August 15, 2017 Page 4 1 asked the question, if it was the City Code "that we would fall back on." Councilmember Bukkila 2 reminded the resident they can still call the City if there are issues, feeling there should be less calls 3 with that property occupied, as opposed to when it has been unoccupied. 4 5 Mayor Trude reviewed the history of the property, indicating it had changed hands multiple times 6 after being in bankruptcy or foreclosure. The current owner bought the property at auction. She 7 acknowledged that overflow parking from the park is a concern and encouraged resolution on that 8 point. Mr. Dickinson confirmed a significant parking lot is planned, related to the park, and should 9 be able to handle the volume. He would anticipate the public street would be the next option for 10 parking. If the business is having difficulty with parking, they can call the City. Mr. Janish 11 confirmed there would be 18 parking spots, where there were originally 23 identified on that site. 12 The City staff will review. 13 14 Mr. Whiteraft spoke to concerns about signage by business owner to alert dog owners not to go into 15 the park, due to the impact of increased dog traffic. He stated the business owner has expressed a 16 willingness to put up a sign expressing this. When in the park, dog owners have to follow City 17 Ordinances regarding dogs in a park. 18 Q19 Councilmember Holthus motioned to call the question. Councilmember Holthus did not have the 20 floor at the time of the motion. 21 22 Pauline Hanson wanted to express that there were already dogs constantly barking in the 23 neighborhood that should not be attributed to the new dog training location. She confirmed that Ms. 24 Neve has strict rules about dog waste. 25 26 Motion carried unanimously. (See Resolution R060-17) 27 28 DISCUSS UNDERCLIFTSTREETNWMUTLI-WAYSTOPSIGNETVALUATION 29 30 Mr. Berkowitz explained residents in the area of Underclift Street NW north of Bunker Lake 31 Boulevard petitioned the City to reinstall multi -way stops that were removed along Underclift Street 32 because they did not meet warrants at the crossroads of 138" Lane and 140th Avenue. 33 34 Commander Podany presented findings from a directed patrol assignment that was conducted on 35 Underclift Street NW north of Bunker Lake Boulevard. He presented data both before and after the 36 stop signs were removed. There was a total of 12 citizen contacts, with 1 stop sign citation and 6 37 citations for speeding. There was one other citation for an obstructed view. All but one citation 38 were neighborhood residents, and one was visiting a resident. No pass-thru traffic was identified 39 because this data is much more time intensive to collect. 40 © 41 There were no additional questions from the Councilmembers. 42 43 Mayor Trude asked if there was anyone present in the Chambers that had not had a chance to speak. 44 She noted there had been a special meeting held where the Council allowed the neighborhood to © Regular Andover City Council Meeting Minutes —August 15, 2017 Page 5 1 come in to speak in a less formal setting. 2 3 Councilmember Goodrich commented these decisions are made using good resources, such as 4 national traffic study research and Stat of Minnesota research/manuals. He confirmed his position 5 had not changed and that his vote would be to leave the intersection as is now. 6 7 Councilmember Holthus asked the City Attorney if he could describe an example of a possible 8 liability to the City, if the stop sign was replaced to the original location. Mr. Baumgartner used a 9 malpractice example, such as a physician deviating from the regular practice leaving them vulnerable 10 to a lawsuit. He continued by stating the City is guided by State of Minnesota traffic manuals. The 11 question would be, did we act prudently? The City can fall back on traffic code. 12 13 Councilmember Bukkila stated "it is about being consistent." She cautioned if the City put up signs 14 wherever people wanted them, the City would have nothing to rely on. The proposed change is 15 based on a change prescribed in the manual. She noted there were a lot of comments on this sign, 16 after that fact. 17 18 Councilmember Holthus indicated there is a perceived problem due to one horrible accident. Q19 20 Councilmember Bukkila stated she did not want to devalue the incident. She noted the incident 21 would have happened no matter "how many stops signs" because there was criminal activity 22 involved. She went on to say that "it comes down to human behavior... and it's the people in our 23 own neighborhoods [breaking the law]." Councilmember Bukkila expressed it is a matter of 24 enforcement and that residents should call in and report an issue. The Sheriff s Department collected 25 30 hours of data and found that a majority of those breaking traffic laws lived within the 26 neighborhood. 27 28 Councilmember Knight asked for clarification on the data. 29 30 Commander Podany confirmed there were 8 total crashes with property damage between 2003 and 31 2013. There has been one incident since the sign went down and 11 total incidents since 2002. 32 There is only one year of data without the sign. 33 34 Councilmember Holthus stated she respects that residents signed a petition asking for the sign back 35 and understands the City has to follow the state regulations. 36 37 Mr. Berkowitz confirmed that in 2003 the City Council passed a resolution to follow the state 38 manual. He went on to say that the City tries to be extremely consistent and work started in 2004 to 39 follow the manual. Removal of signage began in 2010. He stated it is important to be consistent so 40 that when City staff is working with residents that want a change in their neighborhood, there is © 41 clarity. Mayor Trude confirmed the Council did agree to have a process to let people know in 42 advance about signage changes in neighborhoods. Mr. Berkowitz indicated there were no criteria as 43 to why the stop sign was originally put in. He confirmed that 109 households signed the petition. 44 ® Regular Andover City Council Meeting Minutes —August 15, 2017 Page 6 Councilmember Goodrich commented that consistency "trains the people of Andover on what they can expect so they take caution at every intersection." A side benefit is more consistent traffic flow throughout the City. It is safer to be more consistent. Motion by Bukkila, Seconded by Goodrich, to follow the manual and keep it a two stop sign intersection, rather than a four-way. 8 Mr. Berkowitz commented information from the manual is included in the Council meeting packet. 9 He noted this street has minimum volumes of vehicle traffic. To be considered differently, 300 10 people per hour would need to be the average each day. Since there have only been two crashes in a 11 year, that is not enough to reach the threshold which would be 5. More discussion ensued. 12 13 Mayor Trude asked if the City was done going through the City, making these changes. Mr. 14 Berkowitz confirmed there are 2 more intersections left. Thirteen have had signs removed since 15 2010. One intersection was left alone as it had significant foliage and the other intersections traffic 16 volumes increased (Festival Foods and Target). 17 18 Councilmember Bukkila expressed her concern if there was a petition, could any neighborhood put ©19 together a petition to get stop signs placed? Mr. Baumgartner confirmed the Council has set a 20 precedent and that a reasonable prudent City has a manual to follow. If the manual is followed, it 21 would be prudent under those circumstances. If the Council deviates, the Council needs to be able to 22 support the decision via fact. The legal concern about deviating from precedent, and in this situation, 23 the precedent is really who brings signature. In that case, you would lose the standard and then how 24 many signatures is enough becomes a questionable area. 25 26 Mayor Trude commented there is no manual for removing signs, so the Council is doing the reverse, 27 with no guidelines for taking signs out. 28 29 Councilmember Bukkila called the question, seconded by Goodrich. Mayor Trude stated it requires 30 a 2/3 vote. Motion carried unanimously. 31 32 Motion by Bukkila, Seconded by Goodrich, to follow the manual and leave the signs as is. Motion 33 carried 3 ayes, 2 nays (Trude and Holthus). 34 35 SCHEDULE SEPTEMBER EDA MEETING 36 37 Mr. Dickinson requested the Council schedule an EDA Meeting to discuss topics as detailed in the 38 staff report. 39 40 The Council discussed the draft agenda and available dates. © 41 42 Motion by Bukkila, Seconded by Knight, to schedule an EDA Meeting on September 5, 2017, at 43 6:00 p.m. Motion carried unanimously. 44 ® Regular Andover City Council Meeting Minutes—August 15, 2017 Page 7 1 SCHEDULE SEPTEMBER COUNCIL WORKSHOP MEETING 2 3 Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in 4 the staff report. 6 The Council discussed the draft agenda and available dates. 7 Motion by Goodrich, Seconded by Holthus, to schedule a Workshop Meeting on September 26, 8 2017, at 5:00 p.m. Motion carried unanimously. 9 10 ADMINISTRATOR'S REPORT 11 12 City Staff updated the Council on the administration and city department activities, legislative 13 updates, updates on development/CIP projects, and meeting reminders/community events. 14 15 (Mr. Dickinson) Mr. Dickinson participated in the Youth First Board. He reported the numbers of 16 youth served were three times more than during the previous year and the program is excelling and 17 expanding in Coon Rapids. The Anoka County Children Family Council wanted a program that 18 could be replicated and Coon Rapids is the first expansion. Mr. Dickinson is also working with ®19 QCTV on next year's audit. His work with the Metropolitan Council is focused on the Sewer Access 20 Charge Committee. The Committee will recommend a simpler calculation. Other work includes 21 budgeting and preparing for the tax levy before the end of September. There will be conversations 22 regarding reconstruction on Hanson Boulevard at the upcoming Council workshop. Refinancing of 23 the Estates at Arbor Oaks is closing on Thursday. Seventy new homes have been permitted so far in 24 2017. 25 26 (Mr. Berkowitz) Mr. Berkowitz stated proposals are being received for the Vehicle Maintenance 27 Facility. Three out of the five will be selected to interview next week. Public input will be part of 28 the process and there will be two informational meetings during different stages of the design. Fox 29 Meadows Park is ready to be seeded and the well is operational. Crosstown Boulevard will be 30 discussed as the City would not want work done on that at the same time as Hanson Boulevard. 31 Anoka County is committing to a 24-hour flashing beacon on top of the crosswalk sign at 149`h and 32 Crosstown Boulevard. 33 34 (Mr. Janish) Mr. Janish has been reviewing rental licenses and there have been meetings with local 35 developers. The "Open for Business Program" has brought a lot of interest to the community. He 36 will bring information to an upcoming EDA meeting. 37 38 Councilmember Bukkila asked about no parking signs on streets on Sundays. Mr. Berkowitz 39 responded it relates to preparation for sealcoating work on Monday mornings. It seems to work really 40 well. © 41 42 Councilmember Holthus asked about Meadow Creek Golf course. Mr. Berkowitz stated rain has 43 been troublesome and it is more than two-thirds done and that 2-3 days of dry weather are needed to 44 get started again. It could be one more year until it is able to be utilized. Q Regular Andover City Council Meeting Minutes —August 15, 2017 Page 8 1 Mr. Dickinson reminded Councilmembers that on August 291 the Council will participate in a 2 pontoon ride on the lower Rum River to observe erosion control. 3 4 MAYORICOUNCIL INPUT 5 6 (Mayor Trude) Mayor Trude stated Bunker Lake Boulevard should be open to traffic this Saturday, 7 at least partially. There was recently a temporary closing of a trail bridge, due to needing to be 8 inspected and it was reopened. She expressed appreciation to staff as they work across the City 9 throughout the summer. 10 11 RECESS 12 13 Mayor Trude recessed the regular City Council meeting at 8:56 p.m. to a Closed Session of the City 14 Council to discuss Public Works Union negotiations. 15 16 RECONVENE 17 18 The City Council reconvened at 9:17 p.m. 19 20 ADJOURNMENT 21 22 Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 23 adjourned at 9:18 p.m. 24 25 Respectfully submitted, 26 27 Marlene White, Recording Secretary 28 29 E 1 N Regular Andover City Council Meeting Minutes —August 15, 2017 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —AUGUST 15, 2017 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve No Parking Resolution/Wintergreen Street NW/Country Oaks North 3`a Addition(R059-17)............................................................................................................. 2 Item 4 Approve Roadway and Drainage and Utility Easement/ 167" Lane NW ...................... 2 Item 5 Approve Fee Schedule Changes (Ord. 473)................................................................. 2 Item 5A Approve Application for Exempt Permit/Ducks Unlimited ......................................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 2 CONSIDER — CONDITIONAL USE PERMIT — COMMERCIAL ANIMAL TRAINING — 158257TH AVE NW — JOANN NEVE (R060-17).................................................................... 2 DISCUSS UNDERCLIFT STREET NW MUTLI-WAY STOP SIGN EVALUATION ............... 4 SCHEDULE SEPTEMBER EDA MEETING................................................................................ 6 SCHEDULE SEPTEMBER COUNCIL WORKSHOP MEETING ............................................... 7 ADMINISTRATOR'S REPORT.................................................................................................... 7 (Mr. Dickinson)........................................................................................................................... 7 (Mr. Berkowitz).......................................................................................................................... 7 (Mr. Janish)................................................................................................................................. 7 MAYOR/COUNCIL INPUT.......................................................................................................... 8 (Mayor Trude)............................................................................................................................. 8 RECESS.......................................................................................................................................... 8 RECONVENE................................................................................................................................ 8 ADJOURNMENT........................................................................................................................... 8