HomeMy WebLinkAboutCC February 6, 2007
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, February 6, 2007
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (1/11/07 Special Meeting; 1/16/07 Special Meeting; 1/16/07 Regular Meeting;
1/23/07 Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Hanson Boulevard NW Lighting Plan/04-23 - Engineering
4. Accept Petition/OrderFeasibility Report/07-11/l4259 _7th Avenue NW Sewer & Water Extension (Rosella
Sonsteby) - Engineering
5. Order Plans & Specs/07-8/Andover Station North Ball Field Lighting - Engineering
6. Approve Resolution/Speed Study/Buttemut Street NW, 173rd Avenue NW & Flintwood Street NW-
Engineering
7. Accept Petition/Order Feasibility Report/07-13/13835 Underclift Street NWIWM - Engineering
0 8. Approve Advertising for Vacancies/Coon Creek Watershed District - Engineering
9. Accept Quit Claim Deed/Kimberly Oaks/05-9/Drainage & Utility Easement - Engineering
10. Approve Raffle Pennit/Anoka County Pheasants Forever - Clerk
11. Approve Conditional Use Pennit/On-sale Liquor Sales/15190 Bluebird Street NW - Planning
Discussion Items
12. Present Bond Sale (Ehlers and Associates) - Administration
13. Hold Public Hearing/Order Plans & Specs/06-37/161 sl Avenue NW & Crane Street NW!Intersection
Improvements - Engineering
14. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/07-1 -
Engineering
15. Consider Waiver of Park Dedication Fee/Lot Split/16425 Hanson Boulevard NW - Planning
16. Consider Comprehensive Plan Amendment/MUSA Boundary Adjustment/ Anoka County Law Enforcement
Center - Planning
17. Consider City Code Amendment/Deleting Code Section 12-14-6A.5 (continued) -Planning
18. Consider Contribution for 2007 Anoka Aquatic Center - Engineering
19. Consider On-Sale Wine License/New Dragon II - Clerk
Staff Items
20. Schedule EDA Meeting - Administration
21. Board of Review - Clerk
22. February Workshop Meeting - Administration
23. Administrator's Report - Administration
0 Mayor/Council Input
Adjournment
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0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 17
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 6,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
PARK COMMISSIONERS HONORED ................................................................................... 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MIN1JTES ......................................................................................................2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 3
Resolution R009-07 accepting Petition/Order Feasibility Report/07 -11/14259-7th
Avenue NW Sewer & Water Extension (Rosella Sonsteby) .......................................... 3
Resolution RO 1 0-07 ordering Plans & Specs/07 -8/ Andover Station North Ball Field
Lighting .... ........ .................... ................... ...... ................... ............................... ................ 3
Resolution R011-07 approving Resolution/Speed Study/Butternut Street NW, 173rd
Avenue NW & Flintwood Street NW ............................................................................. 3
Resolution R012-07 accepting Petition/Order Feasibility Report/07-13/13835
0 Underclift Street NW /WM........ ...................................................................................... 3
Approve Advertising for Vacancies/Coon Creek Watershed District ................................. 3
Accept Quit Claim DeedlKimberly Oaks/05-9/Drainage & Utility Easement .................... 3
Approve Raffle Perrnit/Anoka County Pheasants Forever .................................................. 3
APPROVE HANSON BOULEVARD NW LIGHTING PLAN/04-23
Motion to approve .............................. ........... ....................................... ............. ....... ............. 3
PRESENT BOND SALE (EHLERS AND ASSOCIATES) (R013-04 & ROI4-07)................. 3
HOLD PUBLIC HEARING/ORDER PLANS & SPECS/06-371161sT AVENUE NW &
CRANE STREET NWIINTERSECTION IMPROVEMENTS
Motion to Open Public Hearing............................................................................................ 4
Motion to Close Public Hearing .........................................................................;...:............. 6
Motion to approve (R015-07) ............................................................................................... 7
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
PRESENTATION & PUBLIC MEETING/07-1 ..................................................................8
CONSIDER WAIVER OR PARK DEDICATION FEE/LOT SPLIT/16425 HANSON
BOULEVARD NW
Motion to deny (R016-07) ....................................................................................................8
CONSIDER COMPREHENSIVE PLAN AMENDMENT/MUSA BOUNDARY
ADmSTMENT/ANOKA COUNTY LAW ENFORCEMENT CENTER
Motion to Approve (R017-07) .............................................................................................. 10
APPROVE RESOLUTION OF SUPPORT - REGIONAL FORENSICE CRIME
LABORATORY
0 Motion to approve (R018-07) ...............................................................................................11
CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-14-6A.5......... 12
CONSIDER CONTRIBUTION FOR 2007 ANOKA AQUATIC CENTER ............................ 13
APPROVE CONDITIONAL USE PERMIT/ON-SALE LIQUOR SALES/15390
BLUEBIRD STREET NW
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 18
Regular Andover City Council Meeting Minutes - February 6, 2007
Table of Contents
Page ii
Motion to table .......... ........... ....................... ..................... ............................... ... ................... 13
Motion to remove from table ................................................................................................ 14
Motion to approve (R019-07) ...............................................................................................14
CONSIDER ON-SALE WINE LlCENSEINEW DRAGON II
Motion to table ............ ....................... ................................ ....... ....... ..................................... 14
Motion to remove from table ................................................................................................ 15
Motion to approve (R020-07) ............................................................................................... 15
SCHEDULE EDA MEETING........................... .............................................. ........... ....... ........ 15
BOARD OF REVIEW ............................................................................................................... 15
FEBRUARY WORKSHOP MEETING .................................................................................... 16
ADMINISTRATOR REPORT .................................................................................................. 16
MAYOR/COUNCIL INPUT
0 Community Center Committee ............................................................................................. 16
YMCA Summer Daycare Program ....................................................................................... 16
Rental Policy... ................ ................. .......................... ........................................................... 16
ADJOURNMENT...................................................................................................................... 16
0
C I T Y o F
NDOVE
0 1 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
2 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
3
4 REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 6,2007
5 MINUTES
6
7
8 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
9 Gamache, February 6, 2007, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
10 Andover, Minnesota.
II
12 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
13 Councilmember absent: None
14 Also present: City Attorney, William Hawkins
15 City Engineer, Dave Berkowitz
16 City Administrator, Jim Dickinson
17 Community Development Director, Will Neumeister
18 Others
19
20
21 PLEDGE OF ALLEGIANCE
022
23
24 RESIDENT FORUM
25
26 Noone wished to address the Council.
27
28
29 PARK COMMISSIONERS HONORED
30
31 Mayor Gamache presented a certificate of appreciation to fOrIIler Park Commissioner Dave
32 Blackstad.
33
34 Mr. Dave Blackstad stated when he first got on the Commission, they had just completed Sunshine
35 Park and since then they have completed many things and he hoped they felt he was a part of it all.
36
37 Mayor Gamache also thanked Ernie Bedor and Bill Hupp for their dedication to the Commission.
38
39
40 AGENDA APPROVAL
41
42 Add Item 16a, (Approve Resolution of Support - Regional Forensic Crime Laboratory). Remove
43 from Consent Items for discussion Items 11, (Approve Conditional Use Permit/On-Sale Liquor
o 44 Sales/15190 Bluebird Street NW); and Item 3, (Approve Hanson Boulevard NW Lighting Plan/04-
45 23); Councilmember Jacobson noted he has a conflict of interest.
46
47 Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended. Motion carried
48 lImmimously.
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 2
1
2
3 APPROVAL OF MINUTES
4
5 January 11, 2007, Special Meeting: Correct as amended.
6
7 Councilmember Trude stated she has a lot of minor changes to the minutes because they did not have
8 their regular secretary.
9
10 Page 1, line 27, the name should be "Peggy", not Petty. Line 43, delete "be". Page 2, line 21, "Orttl"
11 should be "Orttel". Page 3, line 11, delete "do not". Page 7, line 14 should include "of commercial
12 and residential." Line 35 typo on "is". Page 8, line 34, delete one of "that". Line 37, should read
13 "been overturned rumed around." Line 38 should read "been kieked sent back..." Page 1 0, line 12,
14 include "how the city could add open space to enhance the quality..." Page 16, line 1, the name
15 should be "Mr. Redding", not Mr. Bedor.
16
17 Motion by Jacobson, Seconded by Trude, to approve of the January ll, 2007 Special Meeting
018 Minutes as indicated above. Motion carried unanimously.
19
20
21 The Council took a five minute recess at 7:09 p.m.
22
23 The Council reconvened at 7:14 p.m.
24
25
26 January 16, 1007, Special Meeting: Correct as written.
27
28 Motion by Trude, Seconded by Knight, to approve of the January 16, 2007 Special Meeting Minutes
29 as indicated above. Motion carried unanimously.
30
31 January 16, 2007, Regular Meeting: Correct as written.
32
33 Motion by Trude, Seconded by Knight, to approve of the January 16,2007 Regular Meeting Minutes
34 as indicated above. Motion carried unanimously.
35
36 January 23, 2007, Workshop Meeting: Correct as amended.
37
38 Councilmember Trude stated she has some corrections to the minutes. Page 1, line 30, after paved
39 add "because the annual maintenance costs are so high and they take special equipment." Line 32,
040 delete "costs" and replace with "maintenance savings". Page 3, line 22, after property value add,
41 "excluding building value". Page 5, line 13 should be "custom", not customer.
42
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 3
1 Councilmember Trude noted at the bottom of page 5, there is some rnissing discussion from Council
2 regarding Mr. Berkowitz's question regarding limited the home to 90 feet from the front property
3 line to the end of the home. She recalled Council indicating no to the question.
4
5 Page 7, line 19 delete "Council agreed" and replace with "a majority agreed".
6
7 Motion by Jacobson, Seconded by Trude, to approve of the January 23,2007 Workshop Meeting
8 Minutes as indicated above. Motion carried unanimously.
9
10
11 CONSENT ITEMS
12
13 Item 2 Approval of Claims
14 Item 4 Accept Petition/Order Feasibility Report/07-11/14259-ih Avenue NW Sewer &
15 Water Extension (Rosella Sonsteby) (See Resolution R009-07)
16 Item 5 Order Plans & Specs/07-8/Andover Station North Ball Field Lighting (See
17 Resolution RO 10-07)
o 18 Item 6 Approve Resolution/Speed Study/Buttemut Street NW, 173rd Avenue NW &
19 Flintwood Street NW (See Resolution RO 11-07)
20 Item 7 Accept Petition/Order Feasibility Report/07-13/13835 Underclift Street NWIWM
21 (See Resolution RO 12-07)
22 Item 8 Approve Advertising for Vacancies/Coon Creek Watershed District
23 Item 9 Accept Quit Claim Deed/Kimberly Oaks/05-9/Drainage & Utility Easement
24 Item 10 Approve Raffle PermitlAnoka County Pheasants Forever
25
26 Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried
27 lImmimously.
28
29
30 APPROVE HANSON BOULEVARD NW LIGHTING PLAN/04-23
31
32 City Engineer Berkowitz explained the City Council is requested to approve the Lighting Plan for
33 Hanson Boulevard NW' Project 04-23.
34
35 Motion by Trude, Seconded by Orttel, to approve the Lighting Plan for Hanson Boulevard NW,
36 Project 04-23. Motion carried 4-ayes, 1 present (Jacobson).
37
38
39 PRESENT BOND SALE (EHLERS AND ASSOCIATES)
040
41 City Administrator Dickinson stated Mr. Mark Ruff from Ehlers & Associates, the City's Financial
42 Advisor, was at the meeting to present the results of the City's sale of the following bond issues
43 authorized at the January 16, 2007 meeting.
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 4
1 Mr. Dickinson indicated the bonds were not sold.
2
3 Mr. Mark Ruff made a presentation to the Council.
4
5 Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the issuance and
6 sale of$765,000 General Obligation Equipment Certificates, Series 2007 A, and levying a tax for the
7 payment thereof.
8
9 Councilmember Trude wondered if they are going to vote the Resolutions down. Mr. Dickinson
10 stated they are not. He stated the resolutions authorize staff to go out and work with Ehlers to secure
11 a good sale.
12
13 Motion carried unanimously. (R013-07)
14
15 Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the issuance and
16 sale of$6,595,000 General Obligation Water Revenue Refunding Bonds, Series 200m, Pledging for
17 the security thereof net revenues. Motion carried unanimously. (R014-07)
o 18
19 Councilmember Knight wanted to recognize Mr. Dickinson and the financial staff for putting them in
20 the position of the rating they have.
21
22
23 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/06-37/161sT A VENUE NW & CRANE
24 STREET NW/INTERSECTION IMPROVEMENTS
25
26 City Engineer Berkowitz stated the City Council is requested to hold a public hearing at 7:00 p.m.
27 for the proposed intersection improvements for Project 06-37, 161 st Avenue NW & Crane Street
28 NW.
29
30 Councilmember Jacobson stated on the cover of the information that was sent, they were talking
31 about the properties on the east side of the first phase of the new development and the letter should
32 read on the west side of the development. Mr. Berkowitz indicated that was correct.
33
34 Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:30 p.m. Motion carried
35 lInanimously.
36
37 Mr. Keith Rischer, 16157 Hanson Boulevard NW, stated he wrote a letter to the City. He explained
38 that dUring the process Mr. Olmschied and he have kind of been a part of the MUSA and have been
39 allocated the lots but they do not have any imminent plans to develop and did not buy the property
040 with development in mind. For them personally, they do not have plans currently to develop but
41 want this as an option to pursue in the future. He stated they are unable to give a development
42 ti.meframe.
43
0 Regular Andover City Council Meeting
Minutes-February 6,2007
Page 5
1 Mr. Rischer noted their situation is unique. When looking at this as a public assessment they are
2 totally dependant on their end as to what Mr. Olmschied does with his property to the east of them.
3 He stated when the Council looked at the option to make this a public improvement over the summer
4 even though that decision impacted Mr. Olmschied and him, they were not informed of the hearings
5 and were unable to give a different perspective to consider a different way to finance this versus a
6 private versus a public form of assessment. He stated if they did go ahead with the public
7 assessment over five years that would add up to twenty-six thousand dollars and after ten years it
8 would add up to thirty-two thousand dollars, almost doubling the assessment. The problem he has
9 with the way it is currently being considered is that if they made a decision to move for personal or
10 professional reasons in a'timeframe that Mr. Olmschied was not pursuing development, if they make
11 this a public assessment, they will have this attached to their property and the bottom line is that this
12 will have to be paid without them receiving any benefit from it is a potential problem that he has.
13
14 Mr. Rischer asked the Council to consider as another alternative to consider this improvement as a
15 privately installed improvement versus a public improvement with reimbursement agreements with
16 him and Mr. Olmschied. This would satisfy an equity and fairness issue that this whole thing
17 represents. He is not opposed to paying for this improvement but he does not want to pay this until
018 he would develop.
19
20 Mr. Steve Olmschied, 1487 161st Avenue NW, stated he is against the assessment as it is being
21 proposed. He is not opposed to paying his fair share but he wants the same rights that have been
22 given to the developer by being able to develop when the time is right for them and to be assessed by
23 how many lots they do develop. They believe they should also have the right to sell their house and
24 property to someone whose intent is not to develop but may at a future date and then be assessed at
25 that time.
26
27 Mr. Larry Emmerich, 1341 161 st, stated what Mr. Rischer is referring to is a delayed assessment and
28 he is concerned about the fact that ifhe sold his property the person who bought it would have to pay
29 that assessment in order to purchase his property; therefore ifhe is not selling to a developer he is not
30 realizing the gain. As an idea, his thought was that the assessment be delayed until the property is
31 developed.
32
33 Mr. Emmerich thought the feasibility report was well done but his major concern with it is the cost.
34 $272,000 paid by private property owners is a huge amount of money and although there is a
35 $36,000 contingency in there, hopefully that contingency would not get used which in turn would
36 reduce the cost. He agreed with what Mr. Berkowitz indicated that the study is based on the highest
37 cost, being north side only. The other option is north and south which he calls the center of the road
38 improvement and from looking at it from a cost standpoint, he thought that going with the center of
39 the road, it would reduce that cost by as much as twenty or thirty percent due to a number of factors.
040 When you go to the north side, you get into where you have to put up a $25,000 retaining wall,
41 which would use up that contingency money. Cost is his major concern but his other concern is that
42 it be a fluid moving intersection. If the intersection does not flow right, there will be traffic jams.
43 He stated the improvement is needed but when the Council goes through and decides which option to
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 6
1 use, he asked that they look at cost as the number one issue. He would like to see that cost reduced
2 from $272,000 to about $220,000 to $230,000 at the top.
3
4 Councilmember Jacobson stated one of the owners to the west suggested Mr. Emmerich consider
5 paying for the entire thing and having side agreements with them which he would hold until they
6 chose to develop and they would pay him at that time. He wondered if Mr. Emmerich has talked
7 about that with them. Mr. Emerich stated he did talk to Mr. Rischer regarding this and one of the big
8 concerns is that this is over budget the way that it stands right now and is not something he can offer.
9 He stated it is a good idea if it was a possibility.
10
11 Motion by Knight, Seconded by Trude, to close the public hearing at 7:47 p.m. Motion carried
12 unanimously.
13
14 Councilmember Knight wondered what the ramifications would be if Mr. Rischer were to sell his
15 property and the assessments were deferred but the property never develops. Does the assessment
16 stay with the property indefinitely? City Attorney Hawkins stated under the Statute, if you chose to
17 defer this, it would drop off after thirty years. The City would set the conditions but the Statute
018 states payment cannot be collected after thirty years.
19
20 Councilmember Orttel wondered what the total funding for this improvement is. Mr. Berkowitz
21 stated the project would be assessed to the benefiting properties. It would be to the developer and
22 the rest is assessed to the other properties. Councilmember Orttel stated if they were to defer this,
23 they would need to find money from somewhere to contribute. Mr. Berkowitz stated that is correct.
24 Mr. Dickinson stated the money would come from the Permanent Improvement Revolving Fund. He
25 stated the fund is there to finance projects.
26
27 Councilmember Orttel stated if they were to defer this, they would be receiving interest on it anyway
28 so the fund would increase each year.
29
30 Councilmember Trude stated one of the points that is unusual about this area of the City is that they
31 have a little excess capacity in their sewer line south of 161 st. They had public meetings with all of
32 the landowners north of 16l sl and those landowners were allocated the opportunity to have sewer
33 units that automatically increases the land value substantially. Everyone participated in those
34 hearings and wanted that. One of the things she has talked about to the landowner that called her is
35 the possibility that the City have someone else pick up the assessment and then take the sewer units
36 because if they do not want to develop, she did not think the taxpayer should have to pay for the road
37 costs. She thinks the sewer units are very valuable and they have the developer to the east with
38 everything already in place and for the cost of the extra lots, he would probably be willing to pay the
39 City the money they need to do this County road improvement. They would be using their sewer
040 capacity and these people could keep their rural lots but if they have a situation where they want to
41 keep that ability to develop in the future then she did not think the taxpayers should have to pay the
42 bill. She did not think there is any other way to do it than to do a deferment with a percentage but
43 she thought it has to be done at the time of sale otherwise the City would not get its money.
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 7
1 Councilmember Jacobson thought that when there is an assessment on a parcel, whenever that parcel
2 is sold, that assessment came due in full. City Attorney stated under the Statute, the City sets the
3 terms of the deferral and under the Statute, they can designate an ending year or they can indicate it
4 would be due when the property is platted or split or when improvements are constructed on it and he
5 thought in the past they have indicated when the property is split and sold, the assessment came due.
6
7 Mayor Gamache stated another thing that came up was the centering. He wondered if it is feasible to
8 take a thirty percent reduced cost. Mr. Berkowitz stated because the improvements are for the
9 benefit of the north property, they limited the impact to the south portion of the property. They have
10 had several discussions regarding this. Mayor Gamache stated they usually estimate higher than
11 what the cost comes in at.
12
13 Councilmember Trude stated there was some discussion regarding private versus public
14 improvements and she thought they already had legally begun this as public and she wondered if they
15 are obligated to follow that method now. Mr. Berkowitz stated they have done private improvements
16 but he thought Mr. Rischer was talking about private improvements with a reimbursement
17 agreement, which is something they have not done before in the City.
o 18
19 Councilmember Jacobson indicated he would be willing to look at a delayed assessment for this to a
20 date certain to give them enough time to decide what they want to do with their property, which he
21 thought would be ten years.
22
23 Mayor Gamache thinks they have three options. One would be a deferred assessment,
24 reimbursement agreements, which does not seem feasible, and the third would be if the landowners
25 were to give up their lots for MUSA and sell to someone else and try to recoup the costs of the
26 intersection through those sales. He wondered if this is something they could do because they would
27 not be in the same location and would not be benefiting from the road improvement. City Attorney
28 Hawkins stated they cannot subsequently assess for street improvements,
29
30 The Council discussed the possibility of switching the sewer capacity to other properties.
31
32 Councilmember Jacobson suggested they go ahead with the Resolution because they know they have
33 to do the improvement. Allow them to draw the plans and before the assessment hearing, look at
34 two avenues, the deferred assessment to a certain time and then the idea of selling the extra sewer
35 capacity to someone else and if they could legally do that and how.
36
37 Mr. Rischer stated he would like to make clear to the Council that they are going to develop, the
38 issue is a timeframe. He thought it would be unfair to remove the ability for them to develop just
39 because they are not in the same timeframe to develop as Mr. Emmerich is. He stated their situation
040 is unique that they are dependant on what Mr. Olmschied does. They are not opposed to having that
41 potential to develop. Mayor Gamache stated they are not in the business to force someone to
42 develop and he thought it sounds like the deferred assessment rnight be what they would want to do.
43
.
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 8
1 Motion by Jacobson, Seconded by Orttel, to approve the Resolution ordering the improvement of
2 intersection improvements for Project 06-37, 161 st Avenue NW & Crane Street NW.
3
4 Councilmember Trude stated the ten year deadline would come due whether they develop or not.
5 City Attorney Hawkins thought either or before ten years.
6
7 Motion carried unanimously. (RES. ROI5-07)
8
9
10 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
11 PRESENTATION & PUBLIC MEETING/07-1
12
13 City Engineer Berkowitz explained the City of Andover is required to comply with the latest NPDES
14 regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part
15 of this process is to hold a public meeting to receive feedback on the program.
16
17 Mr. Kameron Kytonen discussed the staff report with the Council.
o 18
19 Councilmember Jacobson stated they are also cleaning the streets more often so it does not go into
20 the sewers. They are cleaning the ditches and rural areas and cleaning out culverts to make sure they
21 are flowing properly. They are not just planting wild flower gardens. They are taking steps required
22 by the Federal Government and it was mandated they to do this.
23
24 Councilmember Trude asked what the two ordinance names are. Mr. Kytonen stated the first one is
25 "The Construction Site Erosion Control Ordinance" and the second one is "Elicit Discharge
26 Detection". He explained both Ordinances to the Council.
27
28 Mr. Berkowitz explained the "Dirty Thirty" to the residents and Council.
29
30 Mayor Gamache asked if there was any public input. There was none.
31
32 Mayor Gamache thanked Mr. Kytonen for all the work he has done and noted there will be updates
33 in the future regarding this.
34
35
36 CONSIDER WAIVER OF PARK DEDICATION FEE/LOT SPLIT/16425 HANSON
37 BOULEVARD NW
38
39 Community Development Director Neumeister stated the attached letter requests the park dedication
040 and trail fees be waived for a proposed metes and bounds 10t split.
41
42 Councilmember Jacobson asked how large the lot is that is being split off. Mr. Neumeister indicated
43 it is five acres.
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 9
1 Councilmember Trude asked if this would be due at the time of title transfer. Mr. Neumeister
2 indicated this would be an administrative lot split so they would need that before they would sign off
3 on the administrative paperwork.
4
5 Councilmember Orttel wondered how many houses are on the property. Mr. Neumeister was not
6 sure. Ms. Kay Aasness, 16425 Hanson Boulevard NW stated there is one house on the property.
7
8 Ms. Aasness stated there were originally twenty acres and her former husband split them up. There
9 are now ten acres with a house and they have met the requirements of the City for a five-acre lot split
10 and are still in the process.
11
12 Councilmember Jacobson wondered how Ms. Aasness has a landlocked piece ofland. Ms. Aasness
13 stated her former husband sold part of the land to his brother who has sixty acres surrounding it.
14
15 Ms. Aasness stated when she began this project she came to the City to inquire about what the
16 requirements were for a lot split. She did not receive all of the information at once so she took the
17 project piecemeal and she would have saved a lot of money if the information were presented to her
018 in the beginning. She estimated she spent in excess of $1,500 more than the project, which is
19 approximately $5,400 because she did not have all that information at first.
20
21 Ms. Aasness stated this lot split is a result of a divorce settlement. She is a single parent raising three
22 children and does not receive child support and possibly may not receive that in the future. Every
23 dollar counts and is not discretionary to her. She noted she is planning to move and half of her
24 income would afford a small two-bedroom apartment in Zimmerman. She asked the Council to
25 consider waiving this.
26
27 Councilmember Trude wondered if the house will be sold. Ms. Aasness indicated her former
28 husband would retain the house. Councilmember Trude asked if Ms. Aasness' settlement is the
29 vacant lot. Ms. Aasness stated she would receive partial proceeds from the five acres. She explained
30 her former husband inherited the property and inheritance laws prevent it from being split for a
31 settlement.
32
33 Councilmember Jacobson asked if there is a purchaser for the property. Ms. Aasness stated there is
34 not. They put the property on the market about a month ago and they are selling it for considerably
35 less than market value to try to sell it quickly.
36
37 Councilmember Jacobson wondered what the property is listed for. Ms. Aasness stated it is being
38 marketed for $189,000.
39
040 Councilmember Trude wondered if there is a way they could affix the fee to the parcels equally.
41 Councilmember Knight asked if there is a precedent issue on a hardship case. City Attorney
42 Hawkins stated they do not have any provision in their ordinance that talks about a hardship for a
43 waiver of park dedication.
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 10
1 Councilmember Knight wondered if there is a legal way to waive this. City Attorney Hawkins stated
2 he did not see anything in the ordinance as it exists now for this type of thing.
3
4 Motion by Trude that park fees be assessed on this parcel if it is further subdivided.
5
6 Councilmember Trude stated this way they are postponing it until a potential future lot split. That
7 way they are deciding it makes sense for the City to wait to see if in the future it would be split again.
8 Councilmember Orttel did not see there was a chance for a future subdivision. Councilmember
9 Jacobson did not think there was a legal basis to not impose the fee; it is required.
10
11 The motion was not seconded or voted upon.
12
l3 City Attorney Hawkins thought the deed could be held until the land is sold and then they could get
14 the park dedication fees from the proceeds.
15
16 Ms. Aasness stated if this will hold up the sale of the land, she would drop her request. City
17 Attorney Hawkins stated the split does not need to come in for recording until the land is sold.
018
19 Motion by Jacobson. Seconded by Orttel, to deny the waiver for the park dedication and trail fees for
20 the proposed metes and bounds lot split. Motion carried lInanimously. (R016-07)
21
22
23 CONSIDER COMPREHENSIVE PLAN AMENDMENT/MUSA BOUNDARY
24 ADJUSTMENT/ANOKA COUNTY LAW ENFORCEMENT CENTER
25
26 Community Development Director Neumeister explained Anoka County is requesting a
27 Comprehensive Plan Amendment to extend the Municipal Urban Service Area (MUSA) boundary to
28 include the subject property. This extension would allow the site to be developed with municipal
29 sewer and water.
30
31 Mr. Tom Dunwell from Buetow & Associates, Inc. and Sheriff Bruce Andersohn, Anoka County
32 Sheriff's Office were at the meeting to answer questions.
33
34 Motion by Knight, Seconded by Orttel, to approve the proposed Comprehensive Plan Amendment.
35
36 Councilmember Jacobson asked if they have calculated the rate of the sewer and water that will be
37 needed. Mr. Berkowitz stated the sewer will go through the City of Coon Rapids. It has been
38 calculated by them and they do have sufficient capacity.
39
040 Councilmember Orttel asked if that will be billed directly. Mr. Berkowitz indicated they have a joint
41 powers agreement on how they bill that. It will be the same agreement they have for that section of
42 the City.
43
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 11
1 Councilmember Jacobson asked if water is available in the Highway Department Building and in that
2 area. Mr. Berkowitz stated they are served with a single dead end stub. Councilmember Jacobson
3 wondered if they will loop it. Mr. Berkowitz explained at this point they have a loop where they will
4 require them to loop the building so they will have two different connections. To go all the way up
5 to the Highway Department is not a requirement; they did suggest that may be a good idea for water
6 quality but at this point the requirement is going to be to provide a loop around the entire building for
7 fire protection.
8
9 Councilmember Jacobson wondered if there will be more than one structure on the property. Mr.
10 Berkowitz stated at this point there will only be one building.
11
12 Councilmember Trude wondered if Anoka County will require the Sheriff s Department to help pay
13 for some of the costs of upgrades to the roads around them. Mr. Berkowitz stated they will not
14 contribute to the Hanson Boulevard reconstruct but will need to help with the 133rd upgrade.
15
16 Councilmember Trude wondered if the conduit will be in place for the signal light but there is no
17 timeline for a signal. Mr. Berkowitz stated the conduit will be put in through Hanson but right now
018 it does not meet the signal justification requirements.
19
20 Councilmember Knight wondered how many counties are anticipated to use this other than Anoka.
21 Anoka County Sheriff Bruce Andersohn stated as it stands right now, it is a partnership between
22 Sherburne, Wright and Anoka Counties and they also have a private partnership involving Hamline
23 University. They hope to make this a teaching facility to provide for internships.
24
25 Councilmember Knight wondered if there is a comparable facility on the north side of the cities.
26 Sheriff Andersohn stated there is not and the partnership between them and the other counties and
27 university is perhaps unique in the Nation and he did not know that it exists anywhere yet.
28
29 Councilmember Jacobson thought it is important to understand that this will not be ajail. Sheriff
30 Andersohn stated the size of the building is created by the fact that all of the sheriff's services, with
31 the exception of the jail, will be moving under this single roof. There will not be a jail on site.
32
33 Councilmember Jacobson wondered if in the future this facility could be expanded to include a jail to
34 house prisoners. Sheriff Andersohn stated there will not be ajail in this facility in the future. They
35 will have two small holding cells, which are designed for single occupancy while they wait for others
36 or for them to be transported to jail.
37
38 . Motion carried lmanimously. (R017-07)
39
040
41 APPROVE RESOLUTION OF SUPPORT -REGIONAL FORENSIC CRIME LABORATORY
42
43 City Administrator Dickinson explained they received a letter from Anoka County Sheriff Bruce
44 Andersohn requesting Council support for a regionally based Forensic Crime Laboratory.
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 12
1
2 Motion by Jacobson, Seconded by Knight, to approve the attached resolution in support of a
3 Regional Forensic Crime Laboratory in Anoka County. Motion carried unanimously. (RES. R -18-
4 07)
5
6
7 CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-14-6A.5
8
9 Community Development Director Neumeister stated this section of Code has been brought back
10 with criteria added at the Council's request. Conditional Use Permits have three standard criteria
11 that have been incorporated into the new section. Two additional criteria add site-specific review,
l2 including a restriction on applications in Residential zoning districts. This restriction was added as
13 an option if the Council decides it would like to limit the Conditional Use flexibility to commercial
14 and industrial zoning districts.
15
16 Councilmember Jacobson wondered if a business conformed to four of the six items would that be
17 sufficient or would they need to conform to all six in order to be approved. City Attorney Hawkins
018 stated they don't necessarily require all of the six to be met when they consider conditional uses.
19 They have the list very similar to this and some may be applicable and some may not. They would
20 go through the list and if it violates one of them, it would not get permission but he did not think it
21 has to meet the criteria in here because it may not be applicable.
22
23 Councilmember Trude thought they may want to take some specific examples just to be sure because
24 she is worried they rnight open the door to stuff they have not thought of. She explained it seems
25 like this undid the chart and anything could go.
26
27 Councilmember Orttel stated that is not his intent. His intent is that they have an ordinance that does
28 not cover everything and it is for some trivial little matter that is part of an overall package and
29 generally fits into that area.
30
31 Councilmember Orttel thought they should have the Planning Commission hold the public hearing
32 and come up with some more information.
33
34 Councilmember Trude asked if the heading is accurate because it talks about it only applying to
35 industrial and commercial districts. She wondered if that was intentional or in error. Mr.
36 Neumeister stated it was intentional. Councilmember Trude thought the problem they were trying to
37 cure was not cured at all.
38
39 Mr. Neumeister reviewed with the Council how this issue came about. There was discussion
040 between the Council and staff regarding the broadness of this item.
41
42 Mr. Neumeister stated commercial needs to be better defined. He stated this is supposed to include
43 all of the neighborhood shopping districts.
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 13
1 Councilmember Jacobson thought these uses needs to be defined. He thought they should forward
2 this to the Planning Commission to hold a public hearing and for refinement and then brought back
3 again for discussion.
4
5 Councilmember Trude thought this was better than where they were and she thought they need to
6 have a strict code.
7
8
9 CONSIDER CONTRIBUTION FOR 2007 ANOKA AQUATIC CENTER
10
11 City Engineer Berkowitz explained this item is in regard to considering a contribution of $4,000 to
12 the Anoka Aquatic Center for the 2007 swimming season.
13
14 Motion by Jacobson, Seconded by Orttel, to concur with the Park Commission to not contribute to
15 the City of Anoka Aquatic Center for the 2007 swimming season.
16
17 Mayor Gamache stated the YMCA conducts swimming lessons and he wondered how much they
o 18 cost and how many people use the services and if you need to be a member. Mr. Dickinson stated
19 they do not need to be a member but services are offered to members first and the fee is elevated to
20 non-members.
21
22 Councilmember Trude thought the biggest thing is swimming lessons that are provided for their
23 residents.
24
25 Mayor Gamache wondered if they were approached from other places besides Anoka for reduced
26 discounts. Mr. Dickinson stated they have not been approached by the County and the County does
27 not offer discounts. He stated the YMCA technically has to be a membership based organization to
28 maintain their 501(3) (c) status. They do offer some programs outside of that as part of their
29 community outreach but it is not their priority.
30
31 Councilmember Orttel wondered how they would feel if the City came to them with $4,000 and
32 asked them to teach the Andover residents' kids to swim. Mr. Dickinson stated they may open the
33 programs up more. He stated it would be offered to them. Councilmember Orttel thought they
34 should approach the YMCA to see if they would be interested before they make a decision.
35
36 Councilmember Jacobson withdrew his motion and directed staff to contact the YMCA to see if they
37 would open up the swimming lessons to Andover residents only at a reduced rate.
38
39
040 APPROVE CONDITIONAL USE PERMIT/ON-SALE LIQUOR SALES/15190 BLUEBIRD
41 STREET NW
42
43 New Dragon IT is located in Clocktower Commons. In Clocktower Commons' SC-Shopping
44 Center zoning district a liquor license is a conditional use. If the conditional use is approved for
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 14
1 New Dragon IT, the applicant will be required to obtain Council approval of a liquor license
2 under the terms of City Code Title 3.
3
4 Councilmember Trude stated she was sutprised they need capacity for 100 people to be able to
5 get a liquor license in Andover. She thought in the future they will see a couple more strip mall
6 restaurants in Andover ?ecause they are not getting stand alone restaurants and they do not have a
7 lot of these in the City.
8
9 City Attorney Hawkins explained he did not believe there was a 100 seat requirement for a wine
10 license. Councilmember Trude wondered if the applicant wanted to do more than beer and wine.
11 She thought it would be important to have that option.
12
13 Councilmember Trude wondered if the Council would be open to revising this code. Mr.
14 Dickinson stated he was not positive what the actual application is for.
15
16 Councilmember Knight stated the minute they have hard liquor in an establishment, they will
17 have a bar. Councilmember Trude was not so sure. She named off a couple of restaurants that
018 have hard liquor without a bar.
19
20 Councilmember Trude stated she would like to 100k at their Code so they could open up the
21 opportunity to get more dining places in Andover that could have a full liquor license that does
22 not meet the 100 people requirement and craft it as such where its focus is on dining.
23
24 Motion by Orttel, Seconded by Knight, to table this item. Motion carried unanimously.
25
26 The Council went on to the next case and then returned to this case to remove it from the table.
27
28 Motion by Trude, Seconded by Orttel, to take the Conditional Use Permit off the table for
29 consideration. Motion carried 4 ayes, 1 nay (Jacobson)
30
31 Motion by Trude, Seconded by Orttel to approve the Conditional Use Permit. Motion carried 4
32 ayes, 1 nay (Jacobson) (R019-07)
33
34
35 CONSIDER ON-SALE WINE LICENSE/NEW DRAGON II
36
37 City Administrator Dickinson stated the owner of the New Dragon IT restaurant has applied for
38 an on-sale wine license.
39
040 Councilmember Trude wondered if they could approve this and then look at their policy and then
41 the applicant could pay to upgrade their license. City Attorney Hawkins indicated they could.
42
43 Motion by Orttel, Seconded by Jacobson, to table this item. Motion carried unanimously.
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 15
1 Councilmember Trude thought they should have a copy of the permit when they get these items.
2 She stated she was confused by the Planning Commission minutes. Mr. Dickinson stated the
3 only thing the Planning Commission was dealing with was the Conditional Use Permit and that
4 was because Clocktower Commons is a PUD and the Council wanted it to be very restrictive on
5 dealing with liquor in that particular area. The other process of the license is administered
6 through the Clerks office and by the City Council.
7
8 Councilmember Trude stated when sbe reviewed the Planning Commission minutes, one of the
9 Commissioners asked if the Conditional Use Permit was for only beer and wine and not liquor
10 and spirits and Mr. Cross indicated he thought this was correct which was not a good answer.
11 Mayor Gamache did not think the Planning Commission needed to worry about the liquor license
12 because they did not have any role in it; they were only reviewing the CUP.
13
14 Mr. Dickinson stated for the most part, the approval that was identified for an on-sale wine
15 license, would be contingent upon a favorable report from the Sheriff's Department, which is
16 standard.
17
018 City Attorney Hawkins explained the City Clerk originally thought this fell under the liquor
19 Ordinance which required a hundred seat restaurant in order to get the wine license and he looked
20 at the wine ordinance and there are two separate sections in the ordinance. There is no
21 requirement for seating for wine. Mr. Dickinson thought this was communicated to the applicant
22 that he could not get a full liquor license and the applicant still wanted to move forward.
23
24 Councilmember Trude indicated she wanted to take action on this item.
25
26 Motion by Trude, Seconded by Orttel, to remove this item from the table for consideration.
27 Motion carried 4 ayes, 1 nay (Jacobson).
28
29 Motion by Trude, Seconded by Orttel, to approve the On-Sale Wine License for New Dragon II
30 contingent on a favorable report from the Sheriff. Motion carried 4 ayes, 1 nay (Jacobson).
31 (R020-07)
32
33 SCHEDULE EDA MEETING
34
35 Motion by Jacobson, seconded by Trude, to schedule an EDA meeting at 6:00 p.m. on March 6,
36 2007. Motion carried unanimously.
37
38
39 BOARD OF REVIEW
040
41 Motion by Jacobson, seconded by Knight, to schedule the Board of Review for April 11, 2007 at
42 7:00 p.m. Motion carried unanimously.
43
44
0 Regular Andover City Council Meeting
Minutes - February 6, 2007
Page 16
1 FEBRUARY WORKSHOP MEETING
2
3 The Council is requested to correct the date currently scheduled for a Special Council W orlcshop
4 for the month of February for a number of miscellaneous business items.
5
6 Councilmember Knight indicated he could not make it on February 27.
7
8 Motion by Trude, Seconded by Orttel, to reschedule the February Council Workshop for
9 February 27, 2006 at 6:00 p.m. Motion carried unanimously.
10
11
12 ADMINISTRATOR REPORT
13
14 City Administrator Dickinson updated the Council on the Administration and city department
15 activities, meeting reminders, Hanson Boulevard NW Project update and rniscellaneous projects.
16
17 City Engineer Berkowitz updated the Council on the Hanson Boulevard reconstruction.
18
019 M4YORlCOUNCIL INPUT
20
21
22 (Community Center Committee) - Councilmember Trude stated Mr. Rudnicki may be interested in
23 the opening on the Community Center Committee as the business person.
24
25 (YMCA Summer Daycare Program) - Councilmember Trude stated she also noticed the YMCA is
26 looking to expand their summer daycare program which relies very heavily on the City side of the
27 building and she is mainly concerned about the daycare activities because of the impact on Andover
28 users who use the meeting rooms extensively during the day and that the meeting rooms were not
29 designed for daycare. Mayor Gamache stated as long as the YMCA is paying for the use of the
30 rooms, he did not have a problem with this.
31
32 (Rental Policy) - Mayor Gamache stated they have a sample rental report regarding their larger
33 rentals and he thought it was very interesting. One thing they should look at is that Blaine is
34 considering an ordinance change to their rental policy and he thought they should follow up on this.
35
36 Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
37 adjourned at 9:55 p.m.
38
39 Respectfully subrnitted,
040
41 Susan Osbeck, Recording Secretary