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HomeMy WebLinkAboutCC August 19, 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, August 19, 2008 Call to Order - 7:00 p.m. Pledge of Allegiance Proclamation - Domestic Violence Awareness Month Badge Presentation - Fire Department Resident Forum Agenda Approval 1. Approval of Minutes (August 6, 2008 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Award Quote/08-13/T est Well # 10 - Engineering 4. Award Quote/08-14/Test Well #11 - Engineering 5. Approve Hold Harmless & Easement Encroachment Agreement/15779 Avocet Street NW - Engineering 0 Discussion Items 6. Anoka County Sheriffs Department Monthly Report - Sheriff 7. Consider Amending CUP 03-15/Allowing Temporary Structure for Church Use/16045 Nightingale Street NW - Planning 8. Consider Conditional Use Permit/House Moving/14355 Crosstown Boulevard NW - Planning 9. Consider Awarding Bid/Moving & Site Cleanup of Vacant House/14905 Crosstown Boulevard NW - Planning Staff Items 10. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 , REGULAR ANDOVER CITY COUNCIL MEETING-AUGUST 19,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 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 Councilmember absent: Julie Trude Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickirison Community Development Director, Will Neumeister Fire Chief, Dan Winkel Others 0 PLEDGE OF ALLEGIANCE PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH Mayor Gamache read the proclamation provided by the Alexandra House declaring October of2008 as Domestic Violence Awareness Month in Andover. BADGE PRESENTATION - FIRE DEPARTMENT Fire Chief Dan Winkel introduced the newest members of the Fire Department that have successfully completed their probationary period. Mayor Gamache helped present them with their badges. Councilmember Jacobson thanked the Fire Fighters for all of their hard work. RESIDENT FORUM No one wished to address the Council. 0 AGENDA APPROVAL Add Item 5A, (Consider Approval of Therapeutic Massage License). 0 Regular Andover City Council Meeting Minutes - August 19, 2008 Page 2 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. (Trude absent) APPROVAL OF MINUTES August 6, 2008, Regular Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, approval ofMiriutes as indicated above. Motion carried 3 ayes and 1 present (Gamache). (Trude absent) CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Quote/08-13/Test Well #10 0 Item 4 Award Quote/08-14/Test Well #11 Item 5 Approve Hold Harmless & Easement Encroachment Agreement/15779 Avocet Street NW Item 5A Consider Approval of Therapeutic Massage License. Motion by Orttel, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. (Trude absent) RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson stated he has been noticing lately about reports regardirig break-in's of vehicles parked in the city and he wondered if there was something going on. Captain Wells indicated they have noticed there have been thefts from open garages and thefts of opportunity in the city in the last few months. He noted to reduce theft from vehicles to lock the car doors and not leave valuables in site. Councilmember Jacobson wondered if most of it is juveniles out doing this for fun. Captain Wells stated some of it is that but there are other people that are in the neighborhoods just to look for 0 opportunities to burglarize homes. CONSIDER AMENDING CUP 03-I5/ALLOWING TEMPORARY STRUCTURE FOR CHURCH USE/I 6045 NIGHTINGALE STREET NW 0 Regular Andover City Council Meeting Minutes - August 19, 2008 Page 3 The applicant is requesting an amendment to the conditional use permit to extend the time frame for the removal of the temporary classrooms on their property by five years. Mr. Neumeister reviewed the information with the Council. Councilmember Orttel asked City Attorney Baumgartner to explain the Attorney's Office opinion that was made previously on these structures. City Attorney Baumgartner stated he has not reviewed the memo that was prepared by Mr. Hawkins. There was also a question before the meeting regardirig schools being exempt from the process and he would look into this. Councilmember Orttel stated when it comes to temporary structures he thought there was a difference between the physical structure and the type of use. The buildings are temporary type of buildirigs but nottime specific. Mr. Neumeister stated it is confusing because the code does state that temporary structures shall require a CUP. He read from the City Code. Mr. Neumeister stated that the code indicates that even though it is a permitted use it is saying it still 0 needs a conditional use permit. Councilmember Orttel did not think this was for expandirig a use and needing a CUP, it is to continue the use of a temporary structure which is a very specific part of the ordinance and a lot more strict than some of the other issues. He wondered why the public versus private issue would make any difference. If they have considered it and figured that it is acceptable for a public school it should be the same for a private school as well. Councilmember Orttel wondered if the temporary buildings are inspected every year. Fire Chief Winkel stated they have not had an opportunity to get in to inspect every year but they were able to get in this spring to inspect them. Councilmember Jacobson suggested they have the City Attorney look at the City Code for differences to clarify the issues brought forward. Councilmember Jacobson thought five years was a little long and suggested allowing the structures for three years. They have others coming up and if they are going to change their definitions in allowing what they are allowing; if they can shorten rather than stretching these time frames it is best for everyone around. Councilmember Knight thought if the building was being used for public or private schools there is little difference in how they apply it. Motion by Jacobson, Seconded by Gamache, to approve the proposed Conditional Use Permit amendment changing the date to August 31, 2011. (Trude absent) (Res.063-08) 0 Councilmember Orttel stated he did not see a problem with allowing five years because it is apparent that the church is trying to find an alternative solution. Councilmember Jacobson stated this is for approval of a temporary structure, not a school or anything else. Councilmember Knight preferred they clean up the code before they put a yearly 0 Regular Andover City Council Meeting Minutes - August 19, 2008 Page 4 deadline on it. He does not think the code is very clear. Councilmember Orttel agreed and asked if Mr. Jensen would be willing to wait a month or two before this is approved. Mr. Jim Jensen, Chairman of Trustees for Andover Christian Church, 3423 165th Lane NW, stated they have hail damage on the roof and want to get it repaired but want to wait on fixing it based on what the decision is. He stated that his position for a three year extension is it basically gets them two years to find funding which puts them at a hardship. Mayor Gamache asked if they would make some changes that give them different criteria upon the organization, would they still have the five years to live up to the old ordinance. City Attorney Baumgartner stated if this is approved at five years and then the Council makes changes, the applicant will be locked into five years based on the current situation. Mr. Jensen stated they would prefer the five year approval based on the fact it gives them time to plan and raise the money for a permanent structure. Mayor Gamache stated based on what was discussed he would not vote in favor of this. 0 Motion failed 1 aye (Jacobson), 3 nays (Knight, Gamache, Orttel). Motion by Orttel, Seconded by Gamache, to approve the proposed Conditional Use Permit. Councilmember Knight wondered if they could move this item to staff for revisions. Mayor Gamache indicated this will be brought to a Council Work Session. Motion carried unanimously. (Trude absent) CONSIDER CONDITIONAL USE PERMITmOUSE MOVING/14355 CROSSTOWN BOULEVARDNW The applicant is seekirig to move a house and detached garage from 14905 Crosstown Boulevard approximately % of a mile to the subject property. Councilmember Orttel removed himself from this discussion because of a conflict of interest. Mr. Neumeister reviewed the staff report with the Council. Motion by Jacobson, Seconded by Knight, to approve the proposed Conditional Use Permit. Motion 0 carried 3 ayes, 1 abstain (Orttel). (Trude absent) (Res.064-08) CONSIDER AWARDING BIDIMOVING & SITE CLEANUP OF VACANT HOUSE/14905 CROSSTOWN BOULEVARD NW 0 Regular Andover City Council Meeting Minutes - August 19, 2008 Page 5 Councilmember Orttel removed himself from this discussion because of a conflict of interest. This item was tabled to allow up to 60 days for a Conditional Use Permit to be processed allowing the highest bidder the opportunity to see if the house would be able to be moved. The fIrst bid opened was from Ken Orttel and his bid was to pay the City $5,060 to move the house and complete the work listed in the bid form. However, the bid contained a condition that indicated it was subject to the City of Andover approval of placing the home at 14355 Crosstown Boulevard. The second bid was from Prodger House Movers, Inc and their bid was to charge the City $3,710 to move the house and complete the work in the bid form. Councilmember Jacobson stated because they delayed action on this previously he did not believe September 8, 2008 was a reasonable amount of time and he wondered if the date should be thirty or sixty days further out in order to accomplish this. Mr. Orttel thought this should be extended an appropriate amount of time. Sixty days from today would be great but hoped it will be done iri two weeks. Motion by Jacobson, Seconded by Knight, to accept the bid of Mr. Ken Orttel and extend the project 0 date to be completed by November 1, 2008. Motion carried 3 ayes, 1 abstain (Orttel). (Trude absent) 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. Fire Chief Winkel updated the Council on fire department activities in the city. ilMYOR/COUNCIL INPUT (Open Space Public Meeting) - Councilmember Jacobson stated he wanted to encourage input from the public rather than a drawn out presentation from the speakers. Mr. Neumeister stated that Mr. Bednarz noted in the update that there will be a short presentation and then resident 0 questions. (Round Lake Boulevard Preliminary Plat) - Councilmember Jacobson asked if there were any changes on the preliminary plan from what they saw on the sketch plan on the proposed development on Round Lake Boulevard by Coon Creek and is it still going to be coming in for 0 Regular Andover City Council Meeting Minutes - August 19, 2008 Page 6 review. Mr. Neumeister stated everything looks to be the same. (Traffic Backup by Andover High School) - Mayor Gamache stated by the high school, residents have been complainirig about traffic backirig up by the stoplight. He wondered if they could work out something with the county regarding this. Mr. Berkowitz stated they are currently workirig with the high school and county to do a traffic study. They have discussed having the stop light back up a little more on Andover Boulevard to allow traffic to flow on Crosstown Boulevard. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 7:55 p.m. Respectfully submitted, Susan Osbeck, Recordirig Secretary 0 0 0 Regular Andover City Council Meeting Minutes - August 19, 2008 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 19,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ... ................. ... ....... ..... ............... ........................ ... ....... ...... ........... .... 1 PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH................................... 1 BADGE PRESENTATION - FIRE DEPARTMENT .................................................................... 1 RESIDENT FORUM...................................................................................................................... 1 AGENDA APPROV AL........... ....... .......... ..................................... .................... .............. ............... 1 APPROV AL OF MINUTES ........................................................................................................... 2 CONSENT ITEMS ......................................................................................................................... 2 Approval of Claims ........... ................ .............. ........... .......... .......~......... ........ .... ......... ................. 2 Award Quote/08-13/Test Well # 1 0 ............................................................................................. 2 Award Quote/08-14/Test Well # 11............................................................................................. 2 Approve Hold Harmless & Easement Encroachment Agreement/15779 Avocet Street NW..... 2 Consider Approval of Therapeutic Massage License. ................................................................ 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHL Y REPORT ..................... 2 0 CONSIDER AMENDING CUP 03-15/ALLOWING TEMPORARY STRUCTURE FOR CHURCH USE/16045 NIGHTINGALE STREET NW R063-08 .................................................. 2 CONSIDER CONDITIONAL USE PERMITIHOUSE MOVING/14355 CROSSTOWN BO ULEV ARD NW R064-08 ......................................... ................................................................ 4 CONSIDER AWARDING BID/MOVING & SITE CLEANUP OF VACANT HOUSE/14905 CROSSTOWN BOULEV ARD NW ............................................... ................................................ 4 ADMINlSTRA TOR REPORT............ .................. ....................... ................... ..... .... .................. .... 5 MA YO RICO UN CIL INPUT .......................................................................................................... 5 Open Space Public Meeting............................................................................................. ........... 5 Round Lake Boulevard Preliminary Plat .................................................................................... 5 Traffic Backup by Andover High School. .................................................................................. 6 Adj ournment ................................................................................................................................... 6 0