Loading...
HomeMy WebLinkAboutCC July 15, 2003 C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, July 15, 2003 Special EDA Meeting - 6:00 p.m. Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. AMM Legislative Presentation 2. Approval of Minutes (6/24/03 Special; 7/1/03 Regular) Consent Items 3. Approve Payment of Claims - Finance 4. Approve Bond Payments-Finance 5. Reschedule August 5, 2003 Council Meeting - Clerk 6. Receive Petition/Order Traffic Study/03-24/Shadowbrook Development - Engineering 7. Acknowledge Staff Resignation/Community Development Department - Administration 8. Consider Raffle PermitlDucks Unlimited - Clerk Discussion Items 9. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 10. National Night Out Information/Proclamation - Sheriff II. Presentation of2002 Audit - HLB Tautges Redpath - Finance 12. Consider Lot Split/1415 Andover Boulevard NW - Planning 13. Amend Ordinance 106rremporary Boulevard Encroachments - Planning 14. Consider Youth First Donation (Continued)- Finance 15. Consider Premises Permit/Lawful Gambling! Andover Baseball Assn. (Continued) - Clerk 16. Consider Special Use Permit/Outdoor Storage and Retail Sales/3160 -162"d Lane NW (Continued)- Planning 17. Consider Ordinance Amendment/Residential Building Standards/Increase Allowable Post and Beam Construction (Continued) - Planning 18. Consider Ordinance Amendment/Ordinance 10 Section 9.06 Buildability-Planning 19. Consider Variance to Ordinance 10 Section 9.06 Buildability/75 - 157"' Avenue NW - Planning 20. Consider Special Use Permit/ Retail Service and Sales on Industrial Property/I 3420 Hanson Boulevard- Planning Staff Item 21. Schedule City Council WorkshoplMiscellaneous Business Items -Administration 22. Acknowledge DNR Grant Award/03-8/2003 Outdoor Recreation Grant Application Round - Engineering Mayor/Council Input Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 15,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE............,........,........................,......................,....................,.......... 1 RESIDENT FORUM ...................................................,.,......,......................................."........... 1 AGENDA APPROV AL.......,...........,.......................................,..............,........".........,.............. 1 AMM LEGISLATIVE PRESENTATION ................................................................................1 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Approve Bond Payments ..................................................................................................... 3 Reschedule August 5, 2003 Council Meeting...................................................................... 3 Receive Petition/Order Traffic Study/03-24/Shadowbrook Development (R137-03)......... 3 Acknowledge Staff Resignation/Community Development Departrnent............................ 3 Consider Raffle PerrnitlDucks Unlimited............................................................................ 3 Approve Reduction of Letter of Credit #484/Spec. Assessments/00-42/Aztec Estates....... 3 Approve Reduction of Letter of Credit #03-25/Spec. Assessments/02-49/Woodland Estates 4th Addition ................ ........................................................ .... ..... ,..... ..... ............. 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received..................... .......... ,.. ........................,............................. .....,.................. ....... ......... 3 NATIONAL NIGHT OUT lNFORMATION/PROCLAMATION ........................................... 3 PRESENTATION OF 2002 AUDIT - HLB TAUTGES REDPATH....................................... 3 CONSIDER LOT SPLIT/1415 ANDOVER BOULEVARD NW Motion to approve Resolution R138-03 ............................................................................... 4 AMEND ORDINANCE 106/TEMPORARY BOULEVARD ENCROACHMENTS Motion to approve...... .."....,.... ................................................................,...........................,. 5 CONSIDER YOUTH FIRST DONATION (CONTINUED) Motion to approve ......................................................,.,..... ........... ........................ ......, ......... 6 CONSIDER PREMISES PERMIT/LA WFUL GAMBLING/ANDOVER BASEBALL ASSOCIATION (CONTINUED) Resolution R139-03 to approve ............................................................................................ 8 CONSIDER SPECIAL USE PERMIT/OUTDOOR STORAGE AND RETAIL SALES/ 3160 162ND LANE NW (CONTINUED) Motion to deny Resolution .RI40-03.................................................................................... 8 Motion to Authorize........... .,... .........,...........,.,..........................,..............,. ...,.................. ..... 8 CONSIDER ORDINANCE AMENDMENT/RESIDENTIAL BUILDING STANDARDS/ INCREASE ALLOW ABLE POST AND BEAM CONSTRUCTION (CONTINUED) Motion to delete .............. .............. ..........,..............................................................,.. ......... .., 10 CONSIDER ORDINANCE AMENDMENT/ORDINANCE 10 SECTION 9.06 BUILD ABILITY Motion to approve.................. .............,...........,...........,................ .....................................,... 11 Motion to reconsider ................................... .,..,. .,.. ......,............. .............,...................,.. ....,... 11 Motion to approve.................. ..........................,.. ........ ,......... ....... .......,................ ... ...,.... ...... 11 Regular Andover City Council Meeting Minutes - July 15, 2003 Table of Contents Page ii CONSIDER VARIANCE TO ORDINANCE 10 SECTION 9.06 BUILDABILITY 75 - 157TH AVENUE NW Motion not to do anything .................................................................................................... 13 CONSIDER SPECIAL USE PERMIT/RETAIL SERVICE AND SALES ON INDUSTRIAL PROPERTY/13420 HANSON BOULEVARD Motion to approve Resolution R141-03 ............................................................................... 13 SCHEDULE CITY COUNCIL WORKSHOPIMISCELLANEOUS BUSINESS ITEMS ....... 14 ACKNOWLEDGE DNR GRANT A W ARD/03-8/2003 OUTDOOR RECREATION GRANT APPLICATION ROUND....................................................................................... 14 MA YORlCOUNCIL INPUT Community Center Information............................................ ............. ......... .........,.., ........., ,.. 15 Lot Splits............................................................".........................,..............,................,....... 15 County Officials Meeting.............................................................................................,.. ...... 15 National Night Out.......:............................................,.. ......... .......... ................ ................... ... 15 ADJOURNMENT....,............,.......................,................,.................................................,......... 15 . ~," C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - JULY 15, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 15, 2003, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one came forward. AGENDA APPROVAL Add Item 8A, (Approve Reduction of Letter of Credit #484/Spec. Assessments!00-42/ Aztec Estates) and Item 8B (Approve Reduction of Letter of Credit #03-25/Spec. Assessments/02-49/Woodland Estates 4th Addition). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. AMM LEGISLATIVE PRESENTATION Mr, Gene Ranieri, Executive Director of AMM explained that during the legislative session a couple of things happened. One was to eliminate the ability to allow cities to have special levies for debt. One thing that happened that did affect bonding is that for years the County had the ability to do a capital improvement five-year plan. Included in the plan were improvements to the County system. They could also do a general obligation bond without referendum subject to reverse referendum, Regular Andover City Council Meeting Minutes - July 15, 2003 Page 2 Cities now can develop a five-year Capital Improvement Program, can issue debt without a referendum, but must adopt the program and must have public hearings. The cities are subject to the reverse referenda and five percent of voters have to sign a petition within thirty days after they pass a resolution to adopt the program and issue bonds. They can do that for new and improved public facilities. Councilmember Trude thought reverse referenda did not pass in any form. Mr. Ranieri stated for this special program, it is included in it and is part of the County legislation. Reverse referenda is ifthere is a petition to reverse the Council's decision, it is not a pre-requisite to issue bonds; it is there as an option if the citizens disagree with the City Council's decision. Mr. Ranieri discussed what happened with fiscal disparities in the legislature. He also discussed the sales tax issue. Mr. Ranieri discussed with the City Council information regarding the Metropolitan Council. Commissioner Knight asked if they were repudiating Blueprint 2030. Mr. Ranieri stated they are going to look at it and redraft it. Commissioner Knight asked if there were certain areas they were disagreeing with. Mr. Ranieri stated he did not have any idea where the Council is heading because they are still backgrounding themselves. Mayor Gamache thanked Mr. Ranieri for the update and thanked him for working with the Council. APPROVAL OF MINUTES June 24, 2003, Special Meeting: Correct as written. July 1,2003, Regular Meeting: Correct as written. Motion by Knight, Seconded by Jacobson, approval of the June 24, 2003 Minutes as indicated above. Motion carried 3 ayes, 2 present (Orttel, Trude). Motion by Jacobson, Seconded by Knight, approval of the July 1,2003 Minutes as indicated above. Motion carried 4 ayes, 1 present (Trude). CONSENT ITEMS Item 3 Approval of Claims Item 4 Approve Bond Payments Item 5 Reschedule August 5, 2003 Council Meeting Item 6 Receive Petition/Order Traffic Study/03-24/Shadowbrook Development (Res. R137-03) Regular Andover City Council Meeting Minutes - July 15, 2003 Page 3 Item 7 Acknowledge Staff ResignationlCommunity Development Department Item 8 Consider Raffle PerrnitlDucks Unlimited Item8a Approve Reduction of Letter of Credit #484/Spec. Assessments!00-42/Aztec Estates Item 8b Approve Reduction of Letter of Credit #03-25/Spec. Assessments/02-49/Woodland Estates 4th Addition Motion by Orttel, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff s Department, provided an update on law enforcement activities occurring within Andover. Mayor Gamache stated damage to property has had a huge increase and he wondered why that may be. Captain Jenkins stated they see this occur every year when kids get out of school. NATIONAL NIGHT OUT INFORMATION/PROCLAMATION Captain Dave Jenkins introduced Ms. Laura Landes, Crime Prevention Coordinator, who presented the Council with an update on National Night Out activities. Mayor Gamache read the Proclamation for National Night Out. PRESENTATION OF 2002 AUDIT -HLB TAUTGES REDPATH City Finance Director Dickinson explained the City is required to have an independent audit conducted annually. The 2002 Audit was conducted throughout the months of March, April and May, with the final day of fieldwork conducted on May 15, 2003. The Finance Staff was very involved in the audit process and enjoyed the excellent working relationship with HLB Tautges Redpath. Mr. Mark Gibbs, CPA, HLB Tautges Redpath, made a presentation to the City Council related to the City of Andover Comprehensive Annual Financial Report as of December 31, 2002 and the corresponding Management Report. Councilmember Trude stated she understood they still have some State Aids coming in. She asked ifthe city is at risk for losing any other funds that are a major part of financing. Mr. Gibbs stated not for 2003. Councilmember Trude asked if they have looked at the fiscal disparities as another way of solving the budget problem, Mr. Dickinson stated they have not. Mr. Gibbs explained it is not State money, it is property tax money. Regular Andover City Council Meeting Minutes - July 15, 2003 Page 4 Councilmember Trude asked if it was shuffled among the Metropolitan Area Governments and doesn't State law support it. Mr. Ranieri stated it is State law but it has never been a solution to the budget problems. He stated disparities have not been talked about it at all to solve the State's budget crisis. Councilmember Jacobson stated they have been given a clean audit but there are ranges for things and he wondered if when Mr. Gibbs reviewed the information ifhe was wondering why something was so high. Mr. Gibbs stated one area they spent a lot oftime on was special assessments and they are concerned with the number of volume. Mr. Dickinson stated they usually do this through property taxes or calling other bonds to cover debt in other funds. Councilmember Orttel asked if the special assessments were State Aid road projects. Mr. Dickinson stated not necessarily, some were public works. Mr. Dickinson thanked Mr. Gibbs with HLB Tautges Redpath. He wanted to also thank and give credit to Mr. Lee Brezinka with the finance department. A lot of credit goes to the Engineering Department who assisted them in implementing the modified approach to GASB 34. Without the assistance of the Engineering Department, that could not have happened. CONSIDER LOT SPLlT/1415 ANDOVER BOULEVARD NW Community Development Director Neumeister stated this item was reviewed and denied by the City Council on February II, 2003. Since that time, the Council amended Ordinance 8, Section 6.02 Minimum District Provisions to allow lot splits for lots that are close but do not meet all of the requirements. With the change in City ordinance, the applicant has requested that this item be reconsidered, as a variance to lot depth is no longer necessary. The applicant is seeking to re-establish a property line between two previously combined urban residential lots (Lots 5 and 6, Block 6 of Hartfiel's Estates). A house exists toward the south end of the lot. The proposed 10t split would allow a second home to be constructed on the northerly portions of the lot. Mr. Neumeister discussed the history ofthe property with the Council. Councilmember Orttel asked if this recently came in under the recent ordinance amendment. Mr. Neumeister stated this was correct. Motion by Jacobson, Seconded by Knight, to approve Item No. 12 (Consider Lot Split/1415 Andover Boulevard NW) and to amend the Resolution to include where the garage will be moved to. (Res. R138-03) Councilmember Trude stated on the existing property there is a large garage and they talk about it Regular Andover City Council Meeting Minutes - July 15, 2003 Page 5 being moved to the existing house. Mr. Neumeister stated there is a condition regarding this in the Resolution. Councilmember Trude stated she would like to add this information to the motion. Motion carried unanimously. AMEND ORDINANCE 106ITEMPORARY BOULEVARD ENCROACHMENTS Community Development Director Neumeister explained residents of Goldenrod Street were present at the Council meeting ofJuly 1, 2003 to explain that they would like approval to allow them to keep the small plastic figures that look like school crossing guards in the boulevard area. After explaining the situation as to why this issued surfaced, Ordinance #106 was reviewed briefly and Council directed staff to come back with suggested wording changes that would allow them to be placed in the boulevard area. The Council indicated at the last meeting that they would allow the small plastic figures as long as they are considered a temporary improvement and would be removed by the property owners and only used during the spring, summer and fall. Therefore, staff has prepared a draft of possible changes to Ordinance # 1 06 to allow the Council to authorize temporary improvements such as these to be placed in the boulevard by the property owner as long as they are needed "for health, safety and welfare reasons". Motion by Knight, Seconded by Orttel, to approve the changes to Ordinance #106 to allow small plastic crossing guards to be placed in boulevard areas of the City of Andover but not closer than 5 feet from the curb. (Ord. 106A) Councilmember Jacobson stated on page three of the Ordinance, under B, third line down, the word "in" should be "is" and further down in the addition to the Ordinance with the line that starts out with "improvements", this should be "encroachments" because they are talking about encroachments. Councilmember Trude stated she drove in the area today and there were not any signs out and she wondered if this would be seasonal. Mayor Gamache stated the residents were going to keep them inside while the Sheriff s Department performed their study. Councilmember Jacobson stated the Resolution talks about eight feet and he knew staff stated it could be closer than eight feet. He stated they might want to move something like this closer than eight feet. Mr. Neumeister stated they were agreeable to five feet for the plastic men. Motion carried unanimously, CONSIDER YOUTH FIRST DONATION (CONTINUED) Regular Andover City Council Meeting Minutes - July 15, 2003 Page 6 Finance Director Dickinson explained at the May 6, 2003 City Council meeting, the Council deferred a decision on a request by Youth First to the Council to consider a $5,000 contribution for 2002 and a $5,000 contribution for 2003 until after the 2003 legislative session. The legislative session is complete and the Youth First request still stands. Mr. Dickinson introduced Jan Pomeroy who discussed the information with the City Council Councilmember Trude asked about the re-incorporation of the Organization because she thought the Organization expired in December 2002. Ms. Pomeroy stated it is her understanding that the Organization does not become void until they receive a letter and she has not received one yet so she assumed it has not expired. Mr. Dickinson stated the Joint Powers Agreement ITom Anoka County shows what cities are involved. Councilmember Trude stated she thought there is a legal concern because she felt they needed to do this the right way. Mr. Dickinson stated if the Council wished to contribute, they could make this a contingency that staff research this and provide the information to the Council at a later date. Ms. Pomeroy made a presentation to the City Council regarding Youth First. Councilmember Trude stated they needed to work on communication between the City and Youth First. She is concerned with going back and approving money for 2002; she would be supportive of getting the joint powers approved and then work on the $5,000 for this year. Ms. Pomeroy stated she understood that and she explained Youth First had a problem with their website and they needed to order new supplies because of the problems and this is costly. Councilmember Jacobson asked how much money is in the contingency fund. Mr. Dickinson stated that at this point, they have around $10 to $12 thousand with five months to go. City Attorney Hawkins stated he is confused because the Resolution looks like a City of Andover Resolution and then as he read further down, it states "Resolved that the Anoka County Board of Commissioners authorizes..." so he is not sure it applies. He asked if the board has extended the contract beyond December 31, 2002. Ms. Pomeroy stated they have as far as she knew. City Attorney Hawkins stated that if this were renewed with the County, the City would need to follow what the County has done and renew their time to coincide with what is going on now. Councilmember Orttel asked if Mr. Dickinson does a monthly or daily compilation to see how the expenses are running compared to the revenue. Mr. Dickinson stated they do and it is monitored on a weekly and monthly basis. The Contingency fund is not part of the department and the money in there is for unforeseen items. Mayor Gamache asked if Anoka has met on this. Ms, Pomeroy stated the City of Ramsey donated $5,000 for last year and $5,000 for this year and the City of Anoka has donated $5,000 for last year and they have to go back for the $5,000 for this year and they received their $10,000 ITom the County. Regular Andover City Council Meeting Minutes - July 15, 2003 Page 7 Councilmember Knight suggested they put the decision off until the second meeting in November. Councilmember Trude asked ifthe City's donation was reflected in the budget and would they need to cut back some proj ects. Mayor Gamache stated they should give $5,000 now and wait until November to consider donating the next $5,000. Councilmember Jacobson stated they should direct staffto check with the joint powers agreement and bring back a Resolution for the Council to approve so they are legal. Councilmember Orttel asked if this Organization would be eligible for CDBG funds. Mr. Dickinson stated the request would have to be made to Anoka County and Youth First would request the Council to provide a letter of support in that instance. Motion by Knight, Seconded by Trude, to reconsider the donation of $5,000 for Youth First at the second meeting in November 2003. Councilmember Trude stated at the November meeting staff should bring back a reallocation of budgeted funds to this account based on some activity being under budget. Mayor Gamache stated they should also have a discussion about putting this item in the budget for future years. Mr. Erar stated this agency can request it be placed in the budget and then it can be reviewed. Ms. Pomeroy asked if when she comes back in November, could they ask for funds for 2002-2004. Mayor Gamache stated they would be considering 2002-2003 and Mr. Erar was asking for a letter requesting this item be placed in the budget for future years. Ms. Pomeroy asked if there was any way they could authorize $2,500 now and $2,500 in November. Councilmember Knight stated he could amend his motion if there was sympathy for it. Councilmember Trude stated she would withdraw her motion. Councilmember Jacobson stated they still need a Resolution in order to give the donation. Motion by Trude, Seconded by Knight to donate $2,500 to Youth First ITom the contingency fund after they approve the joint powers resolution continuing their involvement in the organization and review the remainder of the contribution for this year in November for 2003. Motion carried unanimously. Regular Andover City Council Meeting Minutes - July 15, 2003 Page 8 CONSIDER PREMISES PERMITILAWFUL GAMBLING/ANDOVER BASEBALL ASSOCIATION (CONTINUED) City Administrator Erar stated at the July 1 st meeting, Council requested additional information from the Andover Baseball Association and staff. The Baseball Association has not yet provided proof that their Gambling Manager is licensed or utility bills ITom Tanner's Steakhouse. Larry Emmerich stated the last time they talked, it was his understanding that based on the fact that they would get a licensed gambling manager and both the CEO and President and himself would attend the courses, the permit would be approved. Mayor Gamache stated their request was they get the changes in law from the State to make sure they have covered everything. CouncilmemberTrude suggested we conform our ordinance to meet all the changes in the State law. Motion by Orttel, Seconded by Knight, to approve the Premises Permit for Andover Baseball Association to conduct a pull-tab operation at Tanner's Steakhouse subject to the officials being licensed by the State of Minnesota, Motion carried 4 ayes, 1 nay (Jacobson). CONSIDER SPECIAL USE PERMIT/OUTDOOR STORA GE AND RETAIL SALES/3160- 16i"'D LANE NW(CONTINUED) Community Development Director Neumeister explained the applicant has opened a landscape nursery at 3160 1620d Lane NW. Due to the fact that the property is zoned Limited Industrial (1), a special use permit is needed for outdoor storage and retail sales. At the June 17th meeting, the Council asked the applicant to work with staff to achieve compliance with City ordinances before the special use permit request would be acted upon. Mr. Neumeister explained staff from various departments met with the applicant on June 18, 2003. The applicant was provided a letter describing the deficiencies of the proposal as well as the commercial site plan application packet and the appropriate ordinance sections to assist in the development of the applicant's submittal. The applicant provided a site pIan on June 30, 2003. Staff reviewed the plan, prepared comments and contacted the applicant to inform him that the comments were ready on July 2, 2003. The applicant had not picked up the comments as of July 8, 2003 so staff hand delivered the comments to the site that day. The site plan submitted on June 30, 2003 did not conform to the commercial site pIan submittal requirements and contained numerous deficiencies when compared to City ordinances. An inspection ofthe site was conducted on July 10, 2003. The site is clean and organized but no discernible effort has been made to bring the site into compliance with City ordinance. . _.- Regular Andover City Council Meeting Minutes - July 15. 2003 Page 9 Councilmember Trude asked if as of today, the requirements have not been met. Mr. Neumeister stated this was correct. Motion by Trude, Seconded by Jacobson, to deny the proposed special use permit. Mr. Erar stated in addition to the denial of the Special Use Permit, the Council might want to consider whether or not to authorize the City Attorney to pursue a restraining order, which would set about the enforcement of the City Ordinance to prevent the business ITom operating. Legally they are in violation of City Ordinance. City Attorney Hawkins stated this was correct and they should have a temporary injunction to have the business stopped pending a fÏnal court hearing on a permanent injunction and ifthe order of the court were disobeyed, the individual would be subject to sanctions and possible arrest. Councilmember Orttel asked if this was part of the prosecution process. City Attorney Hawkins stated that is part of the criminal process they are already undertaking. The Community Service Officer issued the citation and they are prosecuting it. Mr. Zahler stated they have done some of the things staff has asked them to do. The problem is that the well and septic would have been installed but he wanted to make sure he would receive the special use permit. He stated there are still some things that need to be done anti will be done, but he wants to make sure it will be done right. They are not that far from completion and he does believe that when they are done, the City will be happy. He explained the well can start this week or possibly next week and if the City wants a performance bond or money for the asphalt he can give that to staff. Mayor Gamache asked if they deny the resolution, what the next step would be for the petitioner. Mr. Neumeister stated he would need to wait one year from the date of denial in order to reapply, Mr. Zahler asked ifthere is a gain for the City for this business to not be in business. Mayor Gamache stated the issue with the City is some of the rules and regulation have been violated. They have other business that fall within the rules and regulations and if they allow the business to continue, they are setting precedence by allowing this. Motion carried 4 ayes, 1 nay (Orttel). (Res. RI40-03) Motion by Jacobson, Seconded by Trude, to authorize the City Attorney to initiate civil action to have the courts cease operation of the business. Councilmember Trude stated related to the matter of the Special Use Permit and not allowing them to reapply for a year is unduly harsh and she would be willing to look at changing that so when the business is able to comply, the Council could be able to consider this. City Attorney Hawkins stated if the Council wishes to waive that, they could, . - Regular Andover City Council Meeting Minutes - July 15, 2003 Page 10 Motion carried unanimously. Motion by Trude, Seconded by Orttel, to allow are-submittal of the application after staff has reviewed that compliance was made. Mr. Zahler asked once he spends all the money, would he be granted a Special Use Permit. Councilmember Trude stated they would reconsider it. Mr. Neumeister stated there is a section that allows the applicant to submit a plan showing what he is going to do and he has one year to get this all done. If it is not done, the Special Use Permit could be revoked. Councilmember Jacobson asked if the Ordinance allows them to vary ITOm the one year. City Attorney Hawkins stated the variance procedure would be the same standards as any provision of the ordinance. He would have to make application to the City Council for them to vary from the twelve month standard based on the standards in the Ordinance. Councilmember Trude asked if her motion was out of order. City Attorney Hawkins stated they are acting on a variance before there has been a request and they need to have him make the application to the Council to request the variance from the twelve months. Councilmember Trude withdrew her motion because they can reconsider the denial when a new application is submitted. Councilmember Orttel withdrew his second. CONSIDER ORDINANCE AMENDMENTIRESIDENTIAL BUILDING STANDARDS/INCREASE ALLOWABLE POST AND BEAM CONSTRUCTION (CONTINUED) Community Development Director Neumeister explained since the last City Council meeting, City Building Official, Dave Almgren, contacted Fred Driver at the Building Codes and Standards Department of the State of Minnesota. Mr. Driver stated it is illegal to have any type of percentage restriction of post and beam construction in the State of Minnesota and recommended that the entire section be deleted &om the zoning ordinance. Zoning can control the minimum size not the maximum size of a structure, outside of setbacks. Councilmember Jacobson stated he had a lengthy discussion with Dave Almgren and he thinks they agreed. Mr. Neumeister stated the Section 8.23, the fIrst line should remain, but the rest is already covered in the Ordinance. Councilmember Trude asked if this would cover a manufactured home. Mr. Neumeister stated about fIfteen years ago, there was a manufactured homes group that fought this. Mr. Almgren stated it is illegal and they have to allow the structures on the property. Motion by Jacobson, Seconded by Knight, to delete Ordinance 8, Section 8.23(A) to bring the zoning ordinance in compliance with the laws of the State of Minnesota with the following Regular Andover City Council Meeting Minutes - July 15, 2003 Page 11 changes that 8.23, the two lines relating the residential building standards not be deleted. Motion carried unanimously. CONSIDER ORDINANCE AMENDMENT/ORDINANCE 10 SECTION 9.06 BUILDABIUTY Community Development Director Neumeister explained the purpose of this amendment is to preserve more of the natural character of rural areas and allow more potential home sites without affecting the minimum lot size of 2.5 acres or septic system requirements. Councilmember Orttel asked if this is workable. Mr. Almgren stated it was and they will be able to save a 10t more trees this way and they will not need to grade a large area. He explained they want to make sure they have a fifteen or twenty foot cushion around the building for a three season or four season porch or a deck. He explained that this is a minimum standard they need to apply. Councilmember Orttel asked when a plat is filed in a rural plat they would delineate the buildable area on the plat so any potential homeowner would know when they 100ked at it where the house would need to go. Mr. Almgren stated the 3600 would be the minimum, and nothing would restrict the developer from making it larger. Councilmember Knight asked if they take the 3600 and put a large house on it and at a later date, someone wants to add a pole barn, would they need to fill in a swamp. Mr. Almgren stated they would have to correct that. It could be on marginal ground but could not be on organic ground. Mr. Neumeister stated any time they fill a wetland area they would need to get a permit from the City and the watershed. Councilmember Jacobson stated in reviewing this, he stumbled upon a problem that was not one of the changes. He stated in Section 9.06, lots, six lines down, the words "in addition" should be stricken and start the sentence with a capital T in '''There shall alse-be two five thousand square foot areas designated at stake". The reason they would strike the "In addition" is because in the previous sentence they are talking about a 2 Y. acre lot and the "in addition" talks about the septic tank but the tank goes on the 2 Y. acre lot. Mr. Neumeister stated this is a good suggestion but what they are getting at is that the two 5,000 square foot areas are on top of the 3,600 square feet but it is outside the 3,600 foot area and he does not know if the revision alone does that. Councilmember Jacobson stated it is not the intention to allow the septic tanks to be outside of the lot. Motion by Jacobson, Seconded by Orttel, to approve the proposed ordinance amendment with the changes discussed. Motion carried unanimously. Mr. Brey 17032 Valley Drive stated he did not care if the house was being built but his main Regular Andover City Council Meeting Minutes - July 15, 2003 Page 12 concern is that they moved out there to have some tranquility and what he is hearing is all the Council wants to do is to change things to make the parcel into three lots. Councilmember Jacobson stated this did not change the lot size; it is to change the building pad size. Discussion ensued in regard to 10t sizes less than 2 Y2 acres in size. Motion by Orttel, Seconded by Trude, to reconsider the motion and to have staff review this item for property under 2 Y2 acres in size. Councilmember Jacobson asked if they reconsider this, how they would reword this. Councilmember Orttel stated they should either table this or add language. The motion carried unanimously. Motion by Orttel, Seconded by Jacobson, to approve the Ordinance as written with the exception of Section 9.106 applies to 2Y2 acres only. The Motion carried unanimously. (Ord. 8EEEEEEE) The Council recessed at 9:45 p.m. The Council reconvened at 9:55 p.m. CONSIDER VARIANCE TO ORDINANCE 10 SECTION 9.06 BUILDABILITYI75 _157TH A VENUE NW Community Development Director Neumeister explained the applicant is seeking a variance to the ISO-foot deep dimensions of the buildable area required for rural lots to allow a home to be constructed on an existing vacant lot. Ifthe ordinance amendment to allow the custom grading of rural lots is approved, this variance will not need to be considered. Mr. Neumeister discussed the staff report with the Council. Motion by Jacobson, Seconded by Orttel, to not do anything because the Ordinance passed previously takes care of this. Motion carried unanimously, CONSIDER SPECIAL USE PERMITIRETAlL SERVICE AND SALES ON INDUSTRIAL PROPERTYI13420 HANSON BOULEVARD Community Development Director Neumeister stated the applicant is requesting approval of a family martial arts studio at 13420 Hanson Boulevard. Premier Karate intends to provide martial arts instruction to students ages 4 and up. No alterations will be made to the exterior appearance or dimensions of the building. Normal hours of operation will be ITom 4 p.m. to 10 p.m. Monday through Friday, and 10 a.m. to 2 p.m. on Saturdays and/or Sundays for seminars or workshops. The maximum size of classes will be 24 students and the maximum number of sessions per day ~ Regular Andover City Council Meeting Minutes - July 15, 2003 Page 13 would be 6. Mr. Patrick O'Neill introduced himself and gave the history of his business. He hopes to open sometime in the beginning of August. He explained sprinklers in the entire facility. Councilmember Jacobson stated it should be inspected to make sure it works. Mr. O'Neill stated that would not be a problem. Motion by Jacobson, Seconded by Orttel, to approve the Special Use Permit for Premier Karate with the following changes: meets all state and local codes, (Res. RI41-03) Councilmember Trude asked how his working with the City has been. Mr. O'Neill stated his experience was very positive. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOPIMISCELLANEOUS BUSINESS ITEMS Motion by Orttel, Seconded by Jacobson, to schedule a City Council Workshop for 7:00 p.m. on July 29,2003, Councilmember Knight stated he would not be able to make that meeting. Motion carried unanimously. ACKNOWLEDGE DNR GRANT AWARD/03-8/2003 OUTDOOR RECREATION GRANT APPLICATION ROUND City Engineer Berkowitz explained this item is in regard to acknowledging the DNR Grant Award for construction of a new trail that would connect Hanson Boulevard NW to Crosstown Boulevard NW along Coon Creek. Councilmember Trude stated it was wonderful that they have gotten a grant for a trail but Bunker Lake Boulevard has become very busy and they need a trail on there. She stated the grant would allow them to take care of the need at the signal. Mayor Gamache agreed. Councilmember Jacobson stated he did not have a problem with staff exploring that issue but he did not feel comfortable making a motion to pursue this. Motion by Trude, Seconded by Jacobson, to allow staff to pursue shifting a portion of the DNR grant to the Bunker Lake Boulevard trail system and to look at what they can do with the Coon Creek Corridor, Regular Andover City Council Meeting Minutes - July 15, 2003 Page 14 Councilmember Orttel stated the trail they are proposing is completely on Anoka County property. Mr. Erar stated the Prairie Road crossing was discussed and approved by the Council and would be the first priority and then whatever is left would be redirected to the original grant application. Mr. Berkowitz stated Mr. Haas has done an excellent job in putting the grants together and since he has been with the City, this is the third grant they have received since Mr. Haas has put together a grant request. It is a tribute to his work and the work with the DNR. Motion carried unanimously. Mr. Berkowitz asked ifthey were proposing to put most of the grant to the Prairie Road trail as the first option. Councilmember Trude stated this could be discussed in the future. MAYOR/COUNCIL INPUT (Community Center Information) - Mayor Gamache stated they meet every Thursday for the Capital Campaign and they have also instructed that the rest of the Council should be receiving minutes from the Capital Campaign meetings. The communications task force is working on a cable program that will be informative for everyone. All the task forces are working hard and they are moving ahead with fundraising efforts. One ofthe items Tony Howard brought up was regarding the possibility of the track going ITom elevated to an on- floor track. Councilmember Knight stated in regard to the track, the YMCA is no longer interested in an elevated track. The Council discussed the different issues involved with the Cornmunity Center. (Lot Splits) - Councilmember Trude stated the issue came up regarding the lot width at ninety percent and they talked about at the point where they measure lot width and to have the Planning Commission look at the lot width and the lot line. Councilmember Orttel stated now they only have to meet the ninety percent, Councilmember Trude stated it is where they can measure it. (County Officials Meeting) - Councilmember Jacobson stated there is a County Officials meeting in Ham Lake coming up and they need to post this if more than three Council members are going to attend. Mr. Erar stated they could post it. (National Night Out) - Mr. Erar asked how many Councilmembers planned on being at the National Night Out because Mr. Neumeister has volunteered to drive again this year, Mayor Gamache stated with all of the parties this year, he thought they would need to split up and go to different parties in order to attend them all. Regular Andover City Council Meeting Minutes - July 15, 2003 Page 15 Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:20 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary