HomeMy WebLinkAboutCC June 3, 2008
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, June 3, 2008
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (5/20/08 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Accept Feasibility ReportlWaive Public Hearing/Order Plans & Specs/07-37A1Metropolitan Mosquito
Control/Extension of SS- Engineering
4. Approve Specs/Order Quotes/08-13 (Test Well #10) & 08-14 (Test Well #11) - Engineering
5. Approve Temporary 3.2% Malt Liquor LicenseILions Club/Fun Fest - Administration
6. Approve Extension of Liquor License/Tanners Station - Administration
7. Approve Tobacco License/Croix Oil/13650 Hanson Blvd. NW - Administration
0 8. Approve Quote for House RemovaV14905 Crosstown Blvd. NW - Planning
9. Approve Resolution Acknowledging Approval of Conservation Assistance Grant Application - Planning
Discussion Items
10. Consider Conditional Use Permit/T-Mobile Telecommunications Tower/13875 Crosstown Blvd. NW -
Planning
Staff Items
11. Schedule EDA Meeting - Administration
12. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 3,2008
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, June 3, 2008, 7:00 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, Scott Baumgartner
Director of Public Works/City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
0 PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Bruce Carlson of Kodiak Development asked to be added to the discussion part of the agenda.
AGENDA APPROVAL
Councilmember Jacobson indicated in Item 6, the dates are incorrect and should be corrected to
reflect June 21,22 and 23.
Add Item lOA, (Hickory Meadows Development request for extension of the dates listed in the
development contract). Remove from Consent Items for discussion Items 6, (Approve Extension of
Liquor License/Tanners Station); and Item 8 (Approve Quote for House Removal/14905 Crosstown
Blvd NW).
Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
May 20, 2008, Regular Meeting: Correct as written.
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 2
Councilmember Trude stated on page 3, line 44, the motion should read: "to adopt the attached
Code Amendment as amended". She indicated there was also a typo on line 27 on the fIrst page, it
should be "No one".
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs/07-
37/Metropolitan Mosquito ControllExtension ofSS (See Resolution R44-08)
Item 4 Approve Specs/Order Quotes/08-13 (Test Well #10) & 08-14 (Test Well #11)
(See Resolution R45-08)
Item 5 Approve Temporary 3.2% Malt Liquor License/Lions Club/Fun Fest
Item 7 Approve Tobacco License/Croix Oil/13650 Hanson Blvd. NW
C Item 9 Approve Resolution Acknowledging Approval of Conservation Assistance Grant
Application (See Resolution R46-08)
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
llmm1mously.
CONSIDER CONDITIONAL USE PERM/Tn-MOBILE TELECOMMUNICATIONS
TOWER/13875 CROSSTOWN BLVD NW
Mr. Neumeister explained T -Mobile has applied for a Conditional Use Permit to locate a cellular
phone antenna in Andover.
Mr. Neumeister reviewed the information with the Council.
Councilmember Jacobson stated there was a comment in the report that there was input from a
resident attached, but it was not attached. He asked what the comment was.
Mr. Neumeister read the email from Crystal Grube dated May 20, 2008 into the record.
Councilmember Jacobson asked if Ms. Grube had the opportunity to see the diagram of the tower.
Mr. Neumeister indicated Mr. Cross was not in and so he did not know if there was further
0 conversation, however, she was notified of the public hearing at the Planning Commission.
Mr. Dickinson showed on the diagram where the tower will be placed stating the main reason for the
move was they had planned to do some improvement to the siren and to the intersection of
Crosstown Drive and Crosstown Boulevard. It was tough to fit the equipment into the existing site
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 3
and maintain adequate site lines. He noted there will not be an issue with sound with regard to the
slIen.
Councilmember Trude asked if anyone on staff has talked to the property owner. Mr. Neumeister
indicated Mr. Cross has talked to the owner.
Councilmember Orttel stated it looked like the net change was 25 feet on the map, with the distance
quite a bit further moving it toward the housing area, but he did not know if it would be noticed.
Mr. Dickinson stated they are looking at landscaping around the site.
Councilmember Jacobson stated the tower is less than one hundred feet, which means there will be
no co-locating. He noticed on the plan a square next to the electronic box which states "future" and
he wondered if this meant future electronics for their system exclusively.
Paul Harrington of Carlson and Harrington explained this would be for T -Mobile's equipment only
and for future use. He stated this would not be a good location for co-location. Mr. Dickinson
0 indicated that this will not be an exclusive site for T-Mobile.
Motion by Jacobson, Seconded by Knight, to approve the Conditional Use Permit request for a
cellular phone antenna Motion carried unanimously.
REQUEST FOR EXTENSION OF DATES LISTED IN THE DEVELOPMENT CONTRACT
FOR HICKORY MEADOWS.
Mr. Neumeister explained the developer of Hickory Meadows has provided a letter and wished to
address the Council.
Mr. Bruce Carlson of Kodiak Development submitted a letter to the Council and explained the
reason he needed an extension. He noted he would like a sixty day extension on the developer's
agreement. He felt they could have this resolved by September 1, 2008 and was trying to have it
completed without losing it.
Councilmember Jacobson asked ifnothing is substantially done by July 15th, would the process
be sending a letter of default with a number of days to remedy the situation. Mr. Dickinson read
a portion of the developer's agreement regarding extension of time and identified how the
process would take place.
Councilmember Jacobson stated if they extended these thirty days until July 15th and if the
developer did not do anything substantial by then, he would get a letter. Thirty days from than,
the letter of credit would be drawn on. Mr. Dickinson stated there are two separate parts to every
development agreement. There are certain items under Part A that have a June 15th date and
others that have a July 15th date, while Part B has a June 30th date. They have not yet reached
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 4
date of default. At those dates if it is not completed, the City would identify they are in default
and send a letter. Ifprogress is being made, the City will work with the developer. At this point,
they are not seeing significant progress being made so he would be concerned granting an
extension without getting any kind of progress being made on the site. Without granting an
extension, they have forty-five fifty days to get moving and that would be the point in time he
would like to make an administrative decision if progress is being made. It is in our best interest
to work with the contractors on site.
Mr. Dickinson stated as far as Part B, they have a whole month. To make these extensions, if the
contractor is mobilized and onsite, significant progress could be made through the next month. If
progress was being made staff would sit down with the developer in a meeting and try to figure
out how the developer will complete the contract.
Councilmember Orttel asked what the original date of the development agreement was. Mr.
Carlson stated it was October 23,2007, while Mr. Dickinson noted it was October 17,2007.
Councilmember Orttel stated as far as fInancing, without the major work being done, how is it
0 financed. Mr. Dickinson indicated it was a private install of improvements so the developer is
contracting with a contractor to put in the improvements. The City holds a letter of credit to
assure the work is completed.
Councilmember Orttel asked what percentages of the various items have been completed. Mr.
Berkowitz stated ninety percent of site grading has been done. They are working with the MPCA
on temporary erosion control and the development will need to be reseeded after things are fine
graded. He did not believe there was any street lighting installed. Mr. Carlson indicated a
portion was. Mr. Berkowitz stated it must be done on the initial section, which would equate to
about thirty to forty percent complete. Lot stakes is at zero at this point. Mr. Carlson noted some
of the lot stakes are in on the initial section. Mr. Berkowitz stated landscaping improvements
and a retaining wall have not been completed.
Mr. Dickinson stated the parts that have been referenced are considered Part A and the total Part
A when they had estimated costs was $119,715.00. The city took a letter of credit for
$119,715.00 and to date, have reduced that letter of credit based upon some progress made on
site and we are still holding a letter of credit of $91,600.00.
Mr. Berkowitz stated a lot of the infrastructure improvements have been completed on Part B.
He thought it was about seventy percent of the total work completed.
Staff continued to discuss the letter of credit with the Council.
0 Councilmember Orttel stated if this is a refinance are they looking for refmancing. Mr. Carlson
stated they are restructuring the loan and in actuality they have paid over a half million dollars on
the property so far. They are trying to restructure which will take thirty days and once they get
that done they can get Kueckle Underground back to complete the work.
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 5
Councilmember Orttel stated the concern is that if someone else has to go in and pick up the
project it will be too late in the construction season if an extension is given. Mr. Carlson stated
this is the fIrst extension he has asked for and it is only for sixty days.
Councilmember Jacobson stated if an extension were granted and they had to call the letter of
credit, how far would that put them through the construction season where the City could not get
someone to come in and complete what needs to be done. Mr. Dickinson stated it would be
September.
Councilmember Trude thought with the inventory of homes they have in the City there is no race
to get the homes to market. She wondered if the City should be encouraging redevelopment in
some of these sites because it seems to create difficulties for the people that take it on. Mr.
Carlson indicated he has done everything he possibly could.
Councilmember Orttel stated if they just let this go they would be into July and could see if any
progress has been made.
Mr. Carlson thought by July 4th, they should have everything in place. Mr. Dickinson reviewed
the process if everything were left as is.
Councilmember Jacobson wondered in light of the discussion, if they granted some sort of
extension along with giving them notice that if it is not done by that time, then the letter of credit
is pulled automatically. He questioned the legality of that.
Mr. Dickinson stated they are working with a development contract that states the developer can
request an extension. Councilmember Jacobson stated if they do not do anything they are
looking to take it over by August I st.
Mr. Carlson stated his concern was on his developer's agreement it shows October 23rd and they
did not get to work half the month of December, which was six weeks. In addition, they were not
able to start until May 15th, which was only eight weeks of work to do everything. The time table
on the agreement probably looked good at the time, but no one anticipated a long winter.
Councilmember Knight asked without any kind of motion was it an automatic. Mayor Gamache
stated without any kind of motion staff would send a letter on June 15th which would give them
thirty days until July 15th for a portion of it. On June 30th, the "B" portion would give them until
July 30th.
Mr. Dickinson thought the Council should grant the Part A items to July 15th, which would give
to August. At this point the City can see if there is any progress being made on the site.
Councilmember Orttel stated he did not have a problem giving an extension of time if fmancing
can be done.
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 6
Motion by Jacobson, Seconded by Knight, to approve an extension of Part A until July 15,2008,
which makes Part A and B both due on July 15, 2008. Further directing staff to bring back to the
next council meeting an amendment to the development contract. Motion carried unanimously.
CONSIDER APPROV AVEXTENSION OF LIQUOR LICENSE/TANNERS STATION
Mr. Neumeister explained Raymond Warmuth, Tanners Station, has submitted a request for an
extension of his liquor license for three outdoor music celebrations on June 20, 21 and 22,
August 1,2,3, and September 26,27 and 28, 2008.
Councilmember Trude wondered if the music would be on all three nights. Mayor Gamache
thought it would be on Friday and Saturday nights during each event.
The applicant reviewed the plans with the Council on how the site will be set up.
Councilmember Trude wondered what size speakers will be used. The applicant stated it would
0 probably be mid-size speakers.
Councilmember Orttel stated the problem they had in the past was that the extension of the liquor
license did not extend the time. Mr. Dickinson stated the decibel levels that can be received in a
commercial zone are different than in a residential zone.
Mayor Gamache reviewed the tent set up with the applicant. The applicant drew where the band
will be located at within the tent.
Councilmember Trude thought at their next workshop they should talk about outdoor event
licensing. She stated she had many comments since their meeting on POV's and thought they
will have a lot of people at the meeting if there is noise in the neighborhood east of Hanson
Boulevard.
Mayor Gamache noted the band will be on the east side facing the west but the tent will be
enclosed at the end. The applicant agreed.
Motion by Jacobson, Seconded by Knight, to approve the extension of the liquor license for
Tanner's Station for three outdoor music celebrations on June 20 and 21, August 1 and 2, and
September 26 and 27,2008 authorizing staff to provide the applicant with the noise ordinance
making sure they understand what can be done and when the band needs to quit playing.
Councilmember Trude asked for an amendment to the motion to include "the August and
September concerts be contingent upon a positive report regarding the June 2008 event."
Councilmember Orttel stated there is a problem with that because he assumes the applicant has to
make deposits for the bands well in advance. The applicant indicated the bands were already
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 7
booked. Mr. Dickinson stated they can have a staff person on-site taking decibel readings if
needed. Councilmember Trude stated she did not care what the readings indicate; she only cared
about what the community says.
Councilmember Jacobson stated he would not accept the amendment based upon
Councilmember Orttel' s discussion.
Councilmember Trude stated Tanner's has not had a negative history, but the concerts were done
last year. The applicant indicated they did not have concerts last year. Councilmemoer Trude
stated these events can really affect the reputation of the restaurant in the community and she was
concerned about scheduling that many of them and not knowing how they will go.
It was noted that the Council has concerns about the impact to neighborhoods and if problems
occur it will affect the future approval of these types of events.
Motion carried unanimously.
0 APPROVE QUOTE FOR HOUSE REMOVAV14905 CROSSTOWN BLVD NW
Mr. Neumeister explained Prodger House Movers has submitted the attached quote to purchase
and move the vacant house at 1490S Crosstown Boulevard.
Mr. Neumeister reviewed the information with the CounciL
Councilmember Orttel suggested the City put the house up for bid to the public rather than for
quote for house removal.
Councilmember Trude wondered if they could look at having ACCAP purchase this or give it as
a donation for low-income housing rather than sell it to a house mover. Mr. Dickinson stated if
ACCAP were to take this property they would need to bring the entire structure up to current
code which would be cost prohibitive on this particular home. He stated ACCAP looked at this
house and backed away from it because of the requirements set by their federal funding.
Motion by Knight, Seconded by Jacobson, to reject the attached quote for moving the house and
remediating ~e site and have staff go out for bids on the item. Motion carried unanimously.
SCHEDULE EDA MEETING
0 Motion by Jacobson, Seconded by Knight, schedule an EDA meeting on June 17,2008 at 6:00 p.m.
Motion carried unanimously.
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 8
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the administration and city department
activities, update on CIP projects, meeting reminders, legislative analysis and miscellaneous
projects.
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.
MAYOR/COUNCIL INPUT
(FEMA Grant for Four Full-Time Inspectors - Fire Department) - Councilmember Orttel stated
he was reading the staff update and he noticed the Fire Department was applying for a FEMA
grant to hire four full time inspectors. FEMA will pay ninety percent of the salary the first year
0 and then reduce it over four years. He thought they wanted to be careful getting into this with the
financial future they have and did not know if they are guaranteed anything if they went ahead
with the grant. Mr. Dickinson stated he has not had full communication that they will make the
application at this time. The discussion was two to four, the impact does need to be adhered in
the budget and identified.
(Anoka County Sheriff Update) - Councilmember Orttel wondered how the Anoka County
Sheriffwho was in the accident was doing. Mr. Dickinson stated he talked with Captain Wells
and the officer is alert, conscious and walking around.
(Fun Fest Update) - Councilmember Orttel reminded the public of Fun Fest on July 11-12,2008.
Councilmember Jacobson noted the carnival will not be at Fun Fest this year because of
scheduling conflicts. Mr. Dickinson indicated they will have helicopter rides this year.
(Public Transportation Update) - Councilmember Jacobson stated several years ago they did a
survey and asked people if the City provided some sort of public transportation to Minneapolis
would they be interested. There was little interest at the time but now with the price of gas and
commuting he wondered if the Council would agreed to ask staff to look at the situation again to
see if there was some way to provide a park and ride. He also wondered if staff could fmd out
what is available and what the cost may be. Mayor Gamache thought it was a good idea Mr.
Dickinson stated he anticipated this will be brought up with the Northstar Group.
Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:24 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 9
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 3,2008
TABLE OF CONTENTS
PLEDGE OF ALLEGIAN'CE ........... .................................................. ........................... ................. 1
RESID EN'T FORUM...................................................................................................................... 1
AGENDA APPROV AL..................................... ..................... .... .................................................... 1
APPROV AL OF MIN1JTES ........................ .......... ... .......................... ... .................................... ..... 1
CONSENT ITEMS ........ ......'... ................. ..... ... ........................ ...... ........... ... ............. .......... ... ......... 2
Approval of Claims..................................................................................................................... 2
Resolution R44-08 accepting Feasibility Report/Waive Public Hearing/Order Plans &
Specs/07 -37 /Metropolitan Mosquito ControllExtension of SS ............................................... 2
Resolution R45-08 approving Specs/Order Quotes/08-13 (Test Well #10) & 08-14
(Test Well # 11) ................. .................... ............. ................... ............... ......... .......... ................. 2
Approve Temporary 3.2% Malt Liquor License/Lions Club/Fun Fest....................................... 2
Approve Tobacco License/Croix Oil/13650 Hanson Blvd. NW ................................................ 2
Resolution R46-08 approving Resolution Acknowledging Approval of Conservation
0 Assistance Grant Application ..... ............................................................................................. 2
CONSIDER CONDmONAL USE PERMIT/T-MOBILE TELECOMMUNICATIONS
TOWER/13875 CROSSTOWN BLVD NW (R-048-08) .......................................................... 2
REQUEST FOR EXTENSION OF DATES LISTED IN THE DEVELOPMENT CONTRACT
FOR HICKORY MEADOWS. ...... ...................................................... ........... ................. .......... 3
CONSIDER APPROV AL/EXTENSION OF LIQUOR LICENSE/T ANNERS STATION .......... 6
APPROVE QUOTE FOR HOUSE REMOV AL/14905 CROSSTOWN BLVD NW .................... 7
SCIffiD ULE ED A MEETING........................................................................................................ 7
ADMINISTRATOR REPORT. .................................... ............ ................ ...... ............... .......... ....... 8
MA YOR/COUNCIL INPUT ............................. ...... ........................... ............ ............... ................. 8
FEMA Grant for Four Full Time Inspectors - Fire Department................................................. 8
Anoka County Sheriff Update. ........................................................... ..... ....... .............. ............... 8
Fun Fest Update. ......................................................................................................................... 8
Public Transportation Update. .................................................................................................... 8
Adj ournment. .................................................................................................................................. 8
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