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HomeMy WebLinkAboutCC March 20, 2007 ~ GAL) wLii-k:Al t4-6-o1 0 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, March 20, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/27/06 Workshop; 3/6/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Change Order # 1/05-15/ Andover Station North Ball Field Improvements - Engineering 4. Order Plans & Specs/05-61 (Crosstown Blvd. NW & Nightingale St. NW) & 06-50 (Crosstown Blvd. NW Trail) - Engineering 5. Order Plans & Specs/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac) - Engineering 6. Approve Water Emergency & Conservation Plan/OS-54 - Engineering 0 Discussion Items 7. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 8. Consider Conditional Use Pennit/Dry Cleaner/13783 Ibis Street NW - Planning 9. Consider 2008-2010 Urban County Requalification/Participation in HUD Programs - Administration 10. Consider Appointments/Coon Creek Watershed District Vacancies - Engineering Staff Items 11. Comprehensive Plan Update Progress Report - Planning 12. Subdivision Code Update Progress Report - Planning 13. Schedule Workshops - Administration 14. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 20,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 APPROVAL OF MINUTES...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Approve Change Order #1!05-15/Andover Station North Ball Field Improvements (RES034-07) ........... .....................;........ .............. ..... ................... ......,....... ... .................. 2 Resolution R035-07 ordering Plans & Specs/05-61 (Crosstown Boulevard NW & Nightingale Street NW) & 06-50 (Crosstown Boulevard NW Trail) ............................. 2 Resolution R036-07 ordering Plans & Specs/06-22 (Crooked Lake Boat Landing), 07-9 th (Terrace Park) & 07-18 (160 Lane NE Cul-DE-Sac).................................................... 2 Approve Water Emergency & Conservation Plan/05-54..................................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received... .... ........... ..................... ..... ...................... .......... .......... ... ............ ..... ........... .... ....... 2 0 CONSIDER CONDITIONAL USE PERMIT/DRY CLEANERl13783 IBIS STREET NW Motion to approve (RES. R037-07)...................................................................................... 2 CONSIDER 2008-2010 URBAN COUNTY REQUALIFICATION/P ARTICIP ATION IN HUD PROGRAMS Motion to approve (RES. R038-07)...................................................................................... 4 CONSIDER APPOINTMENTS/COON CREEK WATERSHED DISTRICT VACANCIES. 5 COMPREHENSIVE PLAN UPDATE PROGRESS REPORT ................................................ 5 SUBDIVISION CODE UPDATE PROGRESS REPORT ........................................................ 7 SCHEDULE WORKSHOPS ..................................................................................................... 7 ADMINISTRATOR REPORT .................................................................................................. 7 MAYOR/COUNCIL INPUT Applications in Council Packets ........................................................................................... 8 North Suburban Home Show ................................................................................................ 8 ADJOURNMENT...................................................................................................................... 8 0 0 REGULAR ANDOVER CITY COUNCIL MEETING- MARCH 20,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 20,2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Ken Orttel, Julie Trude Councilmember absent: Don Jacobson Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the CounciL AGENDA APPROVAL There were no changes. Motion by Trude, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES February 27, 2007, Workshop Meeting: Correct as amended. Councilmember Trude indicated on page 6, line 42, the sentence should read "She thought they 0 should 00ikl bring this up." On page 7, line 41, at the end of the first sentence she asked they add "...the water and could unpaved road shoulders help with drainage." Motion by Trude, Seconded by Orttel, approval of the Minutes as amended. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 2 March 6, 2007, Regular Meeting: Correct as amended. Councilmember Trude stated on page 2; line 6, commuter rail should be passenger rail. Motion by Trude, Seconded by Knight, approval of the Minutes as amended. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Change Order #1/05-15/Andover Station North Ball Field Improvements (see Resolution R034-07) Item 4 Order Plans & Specs/05-61 (Crosstown Boulevard NW & Nightingale Street NW) & 06-50 (Crosstown Boulevard NW Trail) (See Resolution R035-07) Item 5 Order Plans & Specs/06- 22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07- 0 18 (1 60th Lane NE Cul-De-Sac) (See Resolution R036-07) Item 6 Approve Water Emergency & Conservation Plan/OS-54 Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVEANOKA 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 they received an email from a resident expressing concern about people speeding along Veterans Memorial Boulevard. He reminded the residents to be aware of their speed while driving because there are children and residents in the area. Councilmember Trude stated this is a good time for people to slow down and watch for kids because in the coming weeks, they will be off school and riding bikes again. Captain Jenkins reminded the residents to make sure their children do not go out on the ponds and lakes because the ice is not safe. 0 CONSIDER CONDITIONAL USE PERMITIDRY CLEANER/13783 IBIS STREET NW Community Development Director Neumeister explained the applicant wants to operate a dry- cleaning facility in the Northpointe Plaza retail building, located in Andover Station North. 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 3 CounciImember Trude wondered if Mr. Maddio will be bringing in new equipment or moving equipment from another site. Mr. John Maddio, All for Him, Inc. dba Cleaners One, explained they will be moving equipment from their current site. There are currently two dry cleaning machines that are both fourth generation machines, completely closed looped machines. They have all the environmental controls that are available in the marketplace today. CounciImember Trude asked what their method is to contain contaminants. Mr. Maddio stated they reclaim as much of the solvent as is physically possible and they continue using that as long as they can. When they get to the end process, there is something called the still which takes all of the dirt and grime that have been taken out of the garments that have been cleaned along with a small trace of the solvent in the stills which are usually cleaned out once per day. Waste from the stills are put in 55-gallon steel drums and sealed and they are hauled off site periodically and treated as hazardous waste. CounciImember Trude stated the permit asks for allowances for cleaning to come in from so many places off site and she asked that they have this limited to places the applicant owns. She asked if 0 this is his intention. Mr. Maddio indicated that is his intention at this time. CounciImember Trude assumed the applicant met all of the current codes with the State Department and the equipment meets all of the requirements also. Mr. Maddio indicated that is correct. CounciImember Trude asked to add a few items to the conditions. She asked the City Attorney if the Conditional Use Permit as discussed, goes with the site and they have not identified the site. She stated there is an address and she did not want to see multiple dry cleaning operations and thought it would be appropriate to limit this to one retail slot. She wondered how they would do that. City Attorney Hawkins asked if they had a drawing or map indicating the location that they could attach. Mr. Rudnicki, building owner, showed the Council a plan indicating an approximate site of 3,000 square feet. He stated it will either be from the end cap to the east or directly adjacent to the Dance Studio. Councilmember Orttel stated they could make it subject to whatever address the Building Department assigns to it. CounciImember Trude asked if they could make the Conditional Use individual to the owner and avoid that. City Attorney Hawkins stated it runs with the property. Mr. Rudnicki stated a way they might be able to address the situation is the 4,000 square foot wing of the building is a separate condominium from the dance studio and a separate condominium from the 0 southern 2400 square feet. They could limit this to Unit 200. He thought that would address the concerns. CounciImember Trude stated in the heading of the resolution, it would read "For the Operation of an On Site Dry Cleaning Business on Property Described at CIC Plat Number 258, North Pointe Plaza Condominium, Unit 200." She thought that would go into the introduction of the Resolution. 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 4 Councilmember Trude asked if the individual terminated his business there and if a new individual started business there, could they have them come in to talk to the City Council to make sure their equipment is up to standards. She wondered if they could add a condition that the permit would . expire upon sale or termination of the lease by the applicant and then they would be back to square one with another individual. City Attorney Hawkins indicated the sunset clause is if they do not use the building. He stated once they open and they sell the business, the City does not have the right to revoke the CUP unless they violate one of the terms of the CUP. It runs with the property. He stated if they are making it personal to this applicant, that would not be something they could do but if they made it conditioned on the operation and make sure the operation continues in a certain manner, they would have the right to bring it back and revoke it if there was something in there that was not complied with. To require the individual to come back on the sale and get approval again, he did not believe they have that authority. Councilmember Trude stated they could also limit condition two to be limited to five business operators but she wondered if that would be a condition going beyond their abilities. City Attorney Hawkins stated whoever was operating this site, if they went beyond five or more, then it would 0 violate this term and the Council would have the right to revoke it. Councilmember Orttel asked what if they closed one of their drop sites and want to take from another cleaning drop off spots. City Attorney Hawkins stated they have limited this to four. Councilmember Orttel stated they have limited it to none if they do not allow taking from other drop off sites not owned by this applicant. Mayor Gamache asked if they could limit it up to four, did it matter whether it is from their shops or others. Councilmember Trude stated she would like condition one to conform in all ways with Andover City Code and all other regulating agencies. Motion by Trude, Seconded by Orttel, to approve the Conditional Use Permit with the amendments to the Resolution as discussed. Motion carried unanimously. (RES. R037-07) CONSIDER 2008-2010 URBAN COUNTY REQUALIFICATIONIPARTICIPATION IN HUD PROGRAMS City Administrator Dickinson stated every three years Anoka County must complete an Urban 0 Requalification process in order to continue receiving and administering HUD funds for the CDBG (Community Development Block Grant) and HOME (HOME Investment Partnership) programs. Part of that process includes communicating with participating communities of their option to be excluded from the Anoka County "Urban County" qualification. Motion by Knight, Seconded by Orttel, to approve the attached resolution to participate in the Anoka 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 5 County CDBG and HOME programs. Councilmember Orttel asked if this is something new because he has not seen this before. Mr. Dickinson stated it has been around but he thought it had been missed in the past by the County. Councilmember Trude wondered if their own Housing Redevelopment Authority would be a separate authorization. Mr. Dickinson stated this would not be; it is just for the CDBG and Home Programs. These are the only two programs that opting in will qualify them to participate in. Councilmember Trude asked if the money will go to the County based on the population within the County. Mr. Dickinson stated that is correct. Motion carried unanimously. (RES. R038-07) CONSIDER APPOINTMENTS/COON CREEK WATERSHED DISTRICT VACANCIES 0 City Engineer David Berkowitz stated this item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District. He stated at this time, the current board members have indicated they would like to be reappointed. Motion by Trude, Seconded. by Knight, to submit a letter to the Anoka County Board of Commissioners recommending Tim Weiss to be appointed to the Coon Creek Watershed District. Motion carried unanimously. COMPREHENSIVE PLAN UPDATE PROGRESS REPORT Community Development Director Neumeister updated the Council on the Comprehensive Plan Update progress. Mr. Neumeister stated they are using 2.4 units per acre in Andover outside of the Rural Reserve area. They are not proposing to change the MUSA at this time to bring in any part of the Rural Reserve area. Councilmember Trude thought staff was on the right track and she liked the overview idea because it gets right to the point. 0 Councilmember Orttel stated previously the Planning Commission would work through the Compo Plan Amendment and hold the public hearing and get input from the public and then it would come to the City Council for review and then it would go to the Met Council. Mr. Neumeister stated this is the path they will be taking but staff is doing the prep work. 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 6 Councilmember Orttel stated the thing that bothers him is there are so many changes in here that it takes them out of where they have been so none of them will know what the Compo Plan is anymore and it is not easy to change that. He stated from the information, they are going to make the sketch plan a formal process and charge fees for filing it and that becomes a new procedure. He stated it is not easy to change it if it is in the Compo Plan so they have to be careful about what they change. The Compo Plan has to match what the Ordinances say. Mr. Neumeister indicated that is correct. Mr. Neumeister reviewed what they need to update for the Compo Plan Amendment. The Met Council wants to see what the City is using to grow the City by for the official documents. It is kind of adopted by reference. To some extent, they will have to bring these through the process. He stated by June, they would like to start bringing this forward to a public hearing format to the Planning Commission. He stated staff would like direction over the next few months from the City Council. Councilmember Trude thought one of the concerns Councilmember Orttel is bringing up is the community input into the plan of vision but at this point, if the Rural Reserve is excluded they do not have a lot of space left to plan. If that is treated separately and isolated, their zoning map fits the 0 Comprehensive Plan and they do not have big areas to make designations on. Mr. Neumeister indicated they are pretty much repackaging the same plan as three years ago with the format the Met Council wants because not much has changed. Councilmember Knight asked if staff could foresee any contention with the Met Council on any of the issues. Mr. Neumeister reviewed the issues they may have with the Met Council. Mr. Neumeister indicated they may have the Met Council requiring them to have a larger density than what they are proposing now. Councilmember Trude thought if they could get the Met Council to agree on that the City will serve the population growth but they are doing it by taking care of families and Blaine and Ramsey are taking care of entry level housing because they are along the freeways and highways and have the bus lines and Andover has the automobiles. Councilmember Knight stated the issue they have is that the sewer capacity is so limited and they cannot redo the sewer at this point. Councilmember Trude thought this was an argument the engineers should be able to win because it is just based on pipes and they are in the ground. Mr. Berkowitz stated they have plenty of capacity at this point; it is when the ultimate development occurs that there would be capacity issues. Councilmember Knight indicated that what the Met Council is advocating would put them over capacity. Mr. Berkowitz stated that is correct. 0 Councilmember Trude wondered if the Open Space Referendum could come into that discussion that some of the land will be preserved which has always been a goal of the Met Council. She did not know if that helps them at all. Mr. Neumeister stated as this moves along, staffwill keep the Council informed of what is going on and the progress. 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 7 SUBDIVISION CODE UPDATE PROGRESS REPORT Community Development Director Neumeister updated the Council on the Subdivision Code Report progress. Councilmember Orttel stated with taking out a lot of the verbiage in the code, it is going to be hard for future Councils to find out what the reasoning is of the code. Mr. Dickinson stated parts of these items were previously missing from the Subdivision Code and are now included. He stated they want to tie some of the ordinances together to make it simpler going forward. SCHEDULE WORKSHOPS 0 Motion by Trude, Seconded by Orttel, to schedule a Council Workshop with the Planning Commission for April 24, 2007. at 7:00 p.m. Motion carried unanimously. Motion by Trude, Seconded by Orttel, to schedule a Joint City Council/Public Works Department Workshop for April 19, 2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and City department ~ activities, meeting reminders and Legislative activity. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. Councilmember Knight stated they have a Bee Keeping Ordinance request and he wondered where that was at. Mr. Dickinson explained he indicated to the individual who asked him what the interpretation of the Bee Keeping Ordinance is. The Code indicates that bees fall into the area of farm animal criteria and to raise bees you need to have five acres or more within the City. He believes there was some interest in the community to change that ordinance. He would look for 0 direction from the Council whether or not they want to entertain changing the ordinance; otherwise staff's current position is to stick with the current interpretation unless the Council would like them to review that ordinance. Councilmember Trude thought there was a real crisis with pollination because there are a lot of 0 Regular Andover City Council Meeting Minutes - March 20, 2007 Page 8 bees that are suffering a virus right now and they have a lot of agriculture in their community and they have people that have gardens and she would like to promote it on lots that are less than five acres. She would like to have staff look at the ordinance and cut it back by about fifty percent because there is a lot of excess and she thought they could modify that to meet the needs of people who have two acres or larger lots. They should look at fme-tuning this if more requests come in later. She thought this is something that does help the agricultural products in the community to have people that are doing honey bee keeping and they are not a nuisance like wasps and yellow jackets. She would like to have staffbring that to the Planning Commission for a public hearing so the people interested could get started this spring. Councilmember Knight did not have a problem with people keeping bees on two acres as long as they are not on an urban lot. The only provision he wants is to make sure the hives are fenced so kids cannot get to them. .MAYOR/COUNCIL INPUT 0 (Applications in Council Packets) - Councilmember Trude stated when they get packets, where there is an application, she would like the application to be a part of the information because it seems quite often they have questions that would be simple to solve if they had the application. (North Suburban Home Show) - Mayor Gamache thanked Andy Cross for all his work on the North Suburban Home Show. He stated Erick Sutherland also did a great job in getting it all set up. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 8:26 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0