Loading...
HomeMy WebLinkAboutCC February 19, 2008 (XlvlSi.-C--:t- U/..J C, I TY o F UJ1/ \t-Ln 3-l...\-ors NDOVE 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 19, 2008 Call to Order-7:00 p.m. Pledge of Allegiance Deputy Introductions Special Presentation - THlO/169 Corridor Coalition Resident Forum Agenda Approval 1. Approval of Minutes (2/6/08 Regular Meeting; 2/6/08 Closed Session; 1/22/08 Work Session) Consent Items 2. Approve Payment of Claims - Finance 3. Order Plans & Specs/08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well #10) & 08-14 (Test Well #11) - Engineering 4. Accept Petition/Order Feasibility Report/07 -37 AlMetropolitan Mosquito Control/Extension of SS - 0 Engineering 5. Approve City Code Amendment 8-4-1/Glass in the Park - Engineering Discussion Items 6. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 7. Consider Code Amendment/Regulating Ultimate Fighting/Adding Section 3-1B-12 to City Code - Sheriff 8. Consider Code Amendment/Chapter 12-12/ Adding Churches as a Conditional Use in the Shopping Center Zoning District - Planning 9. Consider Conditional Use Permit (08-0l)/Coon Rapids United Methodist Church/1574 - 154th Ave. NW - Planning 10. Consider Code Amendment/Antenna & TowerCode (Chapter 9-12) ~Planning 11. Consider Recommended Sites for 2008 Natural & Scenic Area. Grant Program - Planning Staff Items 12. Discuss State Aid Designations & Revocations - Engineering 13. Schedule EDA Meeting - Administration 14. Schedule March Workshop -Administration 15. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 19,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ..... ....................................................... ................. ............ .............. 1 DEPUTY IN"TRODUCTIONS...................................................................................................... 1 SPECIAL PRESENTATION - THI0/169 CORRIDOR COALITION ....................................... 1 RESIDENT FORUM.......................................... .......................................................................... 2 AGENDA APPROV AL.......... ........................................................................... ... ........................ 2 APPROV AL OF MIN1JTES ....... ...... ................................................... .... .............. ................ ....... 2 CONSENT ITEMS ....................................................................................................................... 3 Approval of Claims ......... .... ............ .................................... ... ..... ....... .... .......... .... .............. ....... 3 Resolution R013-08 ordering Plans & Specs/08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well # 10) &08-14 (Test Well # 11) ................................................................................ 3 Resolution RO 14-08 accepting Petition/Order Feasibility Report/07 - 37 A/Metropolitan Mosquito ControllExtension of SS ........................................................................................... 3 Approve Equipment Hotbox as Surplus Suplemental .............................................................. 3 RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ............... 3 0 CONSIDER CODE AMENDMENT/REGULATING ULTIMATE FIGHTING/ADDIN"G SECTION 3-1B-12 TO CITY CODE (ORD. 362) .................................................................. 4 CONSIDER CODE AMENDMENT/CHAPTER 12-12/ADDIN"G CHURCHES AS A CONDITIONAL USE IN" THE SHOPPIN"G CENTER ZONING DISTRICT (ORD. 363).... 4 CONSIDER CONDITIONAL USE PERMIT (08-01)/COON RAPIDS UNITED METHODIST CHURCH/1574 - 154TH AVENUE NW (RES. ROI5-08) ......................................................6 CONSIDER CODE AMENDMENT/ANTENNA & TOWER CODE (CHAPTER 9-12) (ORD. 364) ............................................................................................................................................... 6 CONSIDER RECOMMENDED SITES FOR 2008 NATURAL & SCENIC AREA GRANT PROGRAM............................................................................................................................... 7 APPROVE CITY CODE AMENDMENT 9-4-lIGLASS IN THE PARKS (ORD. 365) ............8 DISCUSS STATE AID DESIGNATION & REVOCATIONS.................................................... 9 SCHEDULE EDA MEETING ......................... ....................................... ......................... ........... 10 SCHEDULE MARCH WORK.SHOP ........................................ ................ ................................. 10 ADMINISTRATOR REPOR T ............................................................ ....................................... 10 MA YORlCOUNC~ INPUT .......................................................................... ... ... ...................... 10 ADJOURNMENT....................................................................................................................... 10 0 --_._~ 0 REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 19,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 19,2008, 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 DEPUTY INTRODUCTIONS Chief Deputy Lonnie Paine introduced the Andover Deputies for 2008. SPECIAL PRESENTATION - THI0/169 CORRIDOR COALITION Mr. Dickinson introduced Jodi Ruehle from the Tinklenberg Group who made a presentation to the Council regarding the THl 0/169 Corridor Coalition. Mayor Gamache asked what the timetable is for the third lane on Hwy 10. Ms. Ruehle stated the funds have been encumbered by MnDOT and that is expected to begin in 2009. Councilmember Orttel stated in the written documents it says that phase two goes from Egret to Round Lake Boulevard but did she mean County Road 7. Ms. Ruehle stated she talked to Kate Garwood to make sure she was up to speed on where they were at with that and was told it was a little bit past Round Lake Boulevard to 7th Avenue. 0 Councilmember Jacobson wondered if the Northstar will decrease the need for these highway improvements. Ms. Ruehle stated that given the amount of congestion there it will not eliminate or relieve congestion to a degree that highway improvements would not be needed. Councilmember Jacobson stated the Tinklenberg Group is under contract to the Coalition and he 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 2 wondered what the contract price is for the year. Mr. Dickinson stated it is dependent on the amount of revenue that comes in and is based on how the package is put together. Councilmember Orttel asked how they determine a local share in regard to Hwy. 10 when they receive a grant. Ms. Ruehle stated that is a Federal formula if Federal dollars are being used. RESIDENT FORUM Noone wished to address the Council. AGENDA APPROVAL Remove from Consent Items for discussion Items 5, (Approve City Code Amendment 8-4-lIGlass in the Parks). 0 ' Motion by Trude, Seconded by Orttel, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES February 6, 2008, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, lines 32 and 33 the sentence should read: "Councilmember Trude stated. . . they Applicants are seeking se'l.'6l' plamH:Bg stage are located so a couple of parecls at this point w#heut any pl~ justify chaBgiRg the Compo Plan earlier dates in the City's sewer staging plan. The applicants own a couple of parcels at the end of the current sewer line and with no plans for development there is no Justification to change the Compo Plan." Councilmember Trude noted on page 5, end of line 37 the sentence should read: "Mr. Berkowitz stated the whole issue that came up was the applicants that are looking for change was B:Ot tied into are asking the City to implement the Prairie Road Alternative 2, it was a separate item from the sewer staging plan so staff was not prepared at that time to have information at the meeting regarding the Prairie Road Alternative 2". Councilmember Trude stated on page 6, line 8, TKDA is the company. On line 18 the sentence should start out with: "Written recommendation on this request in order to get this out for the six month review.... " 0 Councilmember Jacobson stated on page 7, lines 38 & 39 should read: "Councilmember Jacobson stated he reluctantly agreed to this." Line 41 should read: "If anything else comes before them on the Rural Reserve he will vote no." His comments were based on the Rural Reserve and not the 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 3 sewer plan. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. February 6, 2008, Closed Session Meeting: Correct as amended. Councilmember Jacobson stated it talks about the agreement with the natural gas company but it does not indicate which parcel they are talking about and he would like to have it clarified to indicate somehow in here where the parcel is located. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. January 22, 2008, Work Session Meeting: Correct as amended. Councilmember Jacobson stated on page 5, lines 19 & 20, should refer to the loitering ordinance, not the Ultimate Fighting Ordinance. Mr. Dickinson stated the Loitering Ordinance is back on page 4, 0 lines 22 & 23 where they did put in the summary of the loitering and it appeared it was copies over to the Ultimate Fighting Ordinance also. Mayor Gamache stated he was not present at the workshop. Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). CONSENT ITEMS Item 2 Approval of Claims Item 3 Order Plans & Specs/08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well #10) & 08-14 (Test Well #11) (See Resolution ROB-08) Item 4 Accept Petition/Order Feasibility Report/07 - 37 A/Metropolitan Mosquito ControllExtension ofSS (See Resolution ROI4-08) Item 4a Approve Equipment Hotbox as Surplus-Supplemental Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read including Item 4A. Motion carried unanimously. 0 RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 4 CONSIDER CODE AMENDMENT/REGULATING ULTIMATE FIGHTING/ADDING SECTION 3-1B-12 TO CITY CODE The Sheriff's Department presented this information to the City Council on January 22,2008 and they authorized it to be discussed at a public hearing before the Planning Commission. This has been raised by the Sheriff's Department as a concern because occurrences of "ultimate fighting" have been increasing in the area Captain Wells reviewed the reason for the City Code Amendment with the City CounciL Councilmember Trude asked if there is an issue in Andover on private residences. Captain Wells indicated it has not become a problem yet on private property but if they want to look at the ordinance as a whole, some of them they have researched have been in backyards and he thought if they want to restrict a behavior, it has to go into the private property. Councilmember Trude asked if the High School is interested in this and asked if there have been 0 problems. Captain Wells explained this originated from the High School Resource Officer. It was more the gathering on the school property. The fights have not been on the school property that they know of. Councilmember Trude noted they are acting in a more preventative style than reacting to an issue. Councilmember Jacobson stated he was looking at the first main paragraph and the last sentence and he wondered if".. . and the public health, safety and welfare" need to be in there. City Attorney Baumgartner indicated that gives them the authority to regulate. Once the gathering starts it tends to expand beyond the confines of a backyard and they need that to allow authority figures to stop it. Motion by Jacobson, Seconded by Knight, to approve the requested code amendment to regulate ultimate fighting. Councilmember Orttel stated he noticed at the end of the ordinance it mentions incidental physical contact in sports with naming some of the sports and he would like to have football added as a sport in the Code amendment so people did not feel in the future that football should be outlawed. Motion carried unanimously. (ORD. 362) 0 CONSIDER CODE AMENDMENT/CHAPTER 12-12/ADDING CHURCHES AS A CONDITIONAL USE IN THE SHOPPING CENTER ZONING DISTRICT The Coon Rapids United Methodist Church has requested that they be allowed to locate a church in the Hanson Commons II Shopping Center. Currently the City Code allows churches as a conditional 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 5 use in each of the residential zoning districts and the Limited business zoning district. The proposed site is zoned Shopping Center (SC). An amendment to the City Code would be necessary to allow the proposal to move forward. Councilmember Jacobson stated in the resolution there is a condition that would grant the conditional use to the Church in the next item. One of the conditions was that the permit shall expire in three to four years from the date approved by the City and the Attorney has looked at that and if it is permitted, a time limit cannot be placed on it even if it is requested by the applicant. He wondered if they could put a condition like that on this. City Attorney Baumgartner stated under Statute 462.3595 dealing with Conditional Use Permits there is a specific subdivision dealing with duration which states that a CUP shall remain in effect as long as the conditions agreed upon are observed. There has also been discussion with City attorneys and he believes Dakota County tried to put a time limit on a CUP that the parties had agreed to. Down the line, the end user objected to the time limitation and were going to go into litigation to have that removed. They settled it so there was no decision from the court but based upon the readings and the Attorney General's opinions he did not believe they can put a time limit on a CUP. Councilmember Jacobson wondered if they could add the following wording "Shall expire 0 contingent upon the conse:Q.t of the property owner." City Attorney Baumgartner thought that would be taking the control from the City and placing it more on a landlord/tenant situation. Councilmember Orttel wondered if this runs with the land, why the property owner isn't filing for the permit. City Attorney Baumgartner indicate4 it will be the ultimate user interested in having this move forward. Mr. Dickinson stated the owner is basically consenting by having the lease with the church. Councilmember Orttel stated the lease would control the time if the underlying owner wanted to get out of it. Mr. Dickinson indicated that is correct. Mr. Dickinson stated as long as there is a valid lease on the building it could be a condition so if there is not a valid lease, the CUP could expire. Councilmember Trude thought that made sense. The Council further discussed the Conditional Use Permit conditions and how they would affect a church use. Councilmember Orttel thought the lease is the best timeline. He stated it fits in with the plans of the church and the two happen to come together at this time and he did not see churches moving into all their shopping centers. He did not see a problem with this. Motion by Jacobson, Seconded by Orttel, to approve the proposed amendment to the City Code. 0 Councilmember Trude thought they should make the conditions very specific so when one of these comes up there are a lot of conditions. Councilmember Orttel thought because it is a temporary use, they may not want to exclude other businesses that would normally be excluded because of its location such as a restaurant. Councilmember Jacobson did not know if they could do that because of the liquor ordinance. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 6 Mr. Dickinson asked if they could quantify what is a permanent and temporary church building and put it into the liquor code. Councilmember Trude wondered if they could have something in their code under definitions. Motion carried unanimously. (ORD. 363) CONSIDER CONDITIONAL USE PERMIT (08-01)/COON RAPIDS UNITED METHODIST CHURCH/1574-154TH AVENUENW Motion by Jacobson, Seconded by Orttel, to approve the resolution with the following change: Under the second item three, it should be changed to item four, it should read: "the conditional use permit shall be in effect as long as there is a valid lease." The Council discussed if the added condition was needed. 0 Councilmember Trude stated on item three it is listing specific locations where conditions could be detrimental and she thought it should be a little more generic and read: "The permit shall be subject to review if conditions that are detrimental to nearby businesses or neighborhoods that can be documented. The Council may choose to revoke the CUP with a ninety day notice." Mayor Gamache asked with taking out Hanson Commons II and the surrounding neighborhood, does that open it up to anything. Mr. Neumeister showed a map of surrounding areas and indicated there would not be anything within the area that would be detrimental. Motion carried unanimously. (RES. ROI5-08) CONSIDER CODE AMENDMENT/ANTENNA & TOWER CODE (CHAPTER 9-12) As telecommunication towers become more prevalent and their technology improves, the City Code needs to be updated to facilitate their review. The current Towers and Antennas ordinance is based on a League of Minnesota Cities model from the late 1990's. An update was done in .2000, but more improvements are needed. This item appeared at the February 12,2008 Planning Commission meeting for Public Hearing. . Councilmember Trude noted it looks like they are going to a higher tower and she wondered if there was concern about the visual impacts. Mr. Neumeister stated the tower will look the same 0 as the shorter ones and it allows for co-location so they will have fewer towers. Councilmember Trude asked if Code 12.13.5 applies to a little equipment building regarding screening. Mr. Neumeister stated it would. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 7 Councilmember Trude stated on page 10 they struck the condition that it should be a minimum of five hundred feet from any existing residential unit and a half mile from each other. They took that out totally and she wondered where it is that they will have some distance from a house or commercial property. Councilmember Jacobson stated they originally put this in the ordinance for a fall distance. Councilmember Jacobson stated under the section "Ground Mounted Equipment" he would like to suggest a change. "A. Ground mounted equipment and antennae shall be stored within a closed secure building." He suggested they take out the words "and antennas" because he could not see them being stored in an enclosed secure building. The other Councilmembers agreed. Councilmember Trude thought they should delete monopole in the section listing "antenna or monopole" because a monopole is one type of antenna Councilmember Orttel stated on page 8, under item B it is talking about publicly purchased parks so they cannot put an antennae in a donated park. City Attorney Baumgartner stated they can place them in publicly purchased parks but not donated parks because in a purchased park, the 0 park is no longer dedicated for the purposes of a park. The Council discussed with staff areas where an antennae could be placed. Motion by Jacobson, Seconded by Knight, to approve the proposed Code Amendment with the changes discussed. Motion carried unanimously. (ORD. 354) CONSIDER RECOMMENDED SITES FOR 2008 NATURAL & SCENIC AREA GRANT PROGRAM Council directed staff to prepare a grant application for the Natural & Scenic Area Grant Program. Since that time, The Open Space Advisory Commission reviewed nine locations for preservation in the City. Councilmember Knight asked what NHIS means on the map. Mr. Dickinson stated it refers to DNR related items. Mr. Holasek indicated it is a DNR test well. Councilmember Knight asked if the landowners have been contacted on any of the three parcels 0 that the Commission is considering. Mr. Dickinson explained where the Commission is at in the process with the CounCil. He indicated they have not contacted any of the owners and did not want to until there was Council consensus that these were good areas to look at. Councilmember Knight asked in the process of this will an owner be made an offer. Mr. 0 Reguldr Andover City Council Meeting Minutes - February 19, 2008 Page 8 Dickinson stated they will ask the owner if they are interested in this and if they are, the City will make suggestions and will go through an appraisal process, if needed, which the City will pay for. The Council reviewed the parcels with staff and made the following suggestions: Councilmember Trude thought they need to have public access to parcels for potential purchase. She thought some of the parcels are quite large and they would not be able to purchase the entire parcel so they should have an area that could allow public access. Councilmember Trude stated she would personally like to see "River Central" moved to number three and remove the "Leeman Lake" parcel because there is no upland on it. Councilmember Jacobson thought there may be land in the future where there is no access but they may want to leave the land for open land. Motion by Jacobson, Seconded by Knight, to affirm the recommendation of the Open Space Advisory Commission and authorize staff to talk with the property owners to see if there is any possibility of purchase at a reasonable price and report back to CounciL 0 Councilmember Trude wondered if she could amend the motion to include "River Central to the list so that if the three are not available that this parcel be included for review as an alternate." Councilmember Jacobson and Knight agreed with the friendly amendment. Motion carried Imanimously. Mr. Berkowitz noted the white area on the map is upland and the red area is upland with additional features on it. He noted Leeman Lake does have upland on it. APPROVE CITY CODE AMENDMENT 9-4-1/GLASS IN THE PARKS The City Council is requested to approve an amendment to the City Code Section 8-4-1 (park and Recreation Areas) as recommended by the Park and Recreation Commission. Councilmember Jacobson stated under the second line of the amendmynt under the defInition of glass it says "...or park facility or recreation area", does the recreation area have to be City owned or could it be privately owned. City Attorney Baumgartner assumed it is not defined elsewhere in the ordinance. Councilmember Jacobson stated the reason he brought this up is 0 they have several areas in the City that are not owned by the City or School District and he wondered if that would come under this ordinance. City Attorney Baumgartner thought it was covered under the first sentence "the City". To regulate it, it needs to be City owned property. Councilmember Jacobson stated they are also talking about no glass in any indoor or outdoor 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 9 facility and he wondered what happens if a mother brings something for a baby that is in a glass container. He also thought there may be glass at the indoor food area at the Community Center and he wondered if they were eliminating that also. Councilmember Trude thought they could strike "indoor" from the amendment. Mr. Dickinson stated they do not want glass bottles in the ice arena or in the field house. Councilmember Orttel thought they should word this as "no glass beverage containers will be allowed in any designated City park or park or recreation facility". Motion by Orttel, Seconded by Trude, to amend the city code to state: No glass beverage containers will be allowed in any designated city park or park or recreation facility. Motion carried 4 ayes, 1 nay (Jacobson). (ORD. 365) DISCUSS STATE AID DESIGNATIONS & REVOCATIONS The City Council is requested to consider Municipal State Aid Street (MSAS) revocations and 0 designations for 2008. Mr. Berkowitz reviewed the information with the CounciL Councilmember Jacobson asked for the rationale on numbers 5 and 6. Mr. Berkowitz showed a map and explained area 5 is 38th Avenue which they found out recently that the roadway had been turned back to Anoka several years ago and the City has a small section in there that would also be considered part of that. They have never designated that in the past so they would like to designate that now. Councilmember Jacobson asked why they would designate that as State Aid when it is only about one hundred feet. Mr. Berkowitz stated it is simple mileage that they can designate since the City of Anoka is pursuing it; it makes it one continuous State Aid Route from 7th A venue all the way to Bunker. If they do not have the small segment in there, it would make it more difficult for Anoka to designate that. Mr. Berkowitz stated location 6 would be from the County Road to 7th A venue and make the loop connection. It would then provide access to future development areas. Councilmember Knight asked if Mr. Berkowitz was aware that ids in Agricultural Preserve. Mr. Berkowitz indicated he did not know that but they can still designate that area as a future designation. 0 Councilmember Jacobson asked why they would do that because the City would have to build it to State Aid standards and spend the money and if it is going to be developed, let the developer pay for it. Mr. Berkowitz stated typically as part of the development they would require that connection and the developer would build that to the regular City standard and then the City would pay for the extra width and design. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 10 Councilmember Trude indicated they need to pick some roads that connect existing State Aid County Roads to each other in order to collect an allotment of gas money for their City roads otherwise they will not get it. Mr. Berkowitz stated this is a place holder so they can receive on average $15,000 a mile and can be changed in the future. SCHEDULEEDA MEETING Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting for 6:00 p.m. on March 4, 2008. Motion carried unanimously. SCHEDULE MARCH WORKSHOP Motion by Trude, Seconded by Jacobson, to schedule a Council Workshop for Tuesday, March 25, 2008 at 6:00 p.m. Motion carried unanimously. 0 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders 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 There was none. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:36 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0