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HomeMy WebLinkAboutCC July 1, 2008 C 1 T Y 0 F 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, July 1, 2008 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/17/08 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Award Quote/08-7/2008 Trail Maintenance - Engineering 4. Approve Resolution/Speed Study/Bunker Lake Boulevard NW Between Crosstown Boulevard NW & Hanson Boulevard NW - Engineering 5. Approve Fee Ordinance Update - Building/Community Center/Administration 6. Accept Contribution/CenterPoint Energy Partnership GrantlFire Department - Finance 7. Approve Response Letter/Oak Grove Comprehensive Plan Comments - Planning 8. Approve Consolidation Administration/City Clerk Departments - Administration 0 9. Approve Resolution Appointing Data Practices Compliance Official- Administration 10. Acknowledge Resignation of Andy Cross, Associate Planner - Administration 11. Approve Funding to Complete Land Purchase - Administration Discussion Items 12. Consider Declaring Dangerous Dog Request - Administration 13. Consider Time Extension/Preliminary Plat/White Pine Wilderness/161 st & Crane St. - Planning 14. Consider Conditional Use Permit/Allow Drive Through/1730 - 139th Lane NW - Planning 15. Consider Conditional Use Permit/Allow Dry Cleaning Processing/l 730 - 139th Lane NW - Planning Staff Items 16. Schedule July EDA Meeting - Administration 17. Schedule August Workshop - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment 0 C I T Y o F NDOVE 0 REGULARANDOVER CITY COUNCIL MEETING-JULY 1,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 1, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Ken Orttel, Julie Trude Councilmember absent: Mike Knight Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM Mr. Kevin McGinn - 13865 Bluebird Street, stated he is before the Council regardirig the matter of issuing liquor license extensions to local bars in Andover for the sale of liquor outside of their establishments. He is opposed to this. He wondered if this was for the betterment of the community and what purpose this serves. He stated by allowing this the bar owners will be disrupting the surroundirig communities with their outside bar bands, violence will erupt and there will be more intoxicated people on the streets. He wondered what steps have been taken by the City Council to ensure public safety. The Council has a responsibility to the community for the decisions they make and will be held accountable for the decisions. He stated he saw inconsistencies from the Council. Mr. McGinn stated by allowing the extensions in his opinion reflects negatively on the City and Council. He thought the Council owed an explanation to the citizens of Andover on why they are allowing bar owners the ability to sell liquor outside of their establishments and disrupt the surroundirig communities. He requested from the Council a copy of any notice, permit, liquor extension, any type of documentation that the Council has sent or will be sending to the Sheriff's Office and liquor establishments in regards to any future outdoor events. He also requested an invitation from the Council to attend all workshops that deal with liquor establishments, their permits, license extensions and outdoor events. Mr. Dennis Lee - 1293 138th Lane, stated he is puzzled why the Council made a decision to grant outdoor liquor permits to Pov's and Tanners on Bunker Lake Boulevard. They have lived in Andover for over 30 years. He explained that when they moved to Andover there were junk yards along Bunker Lake Boulevard and now there are many residential neighborhoods along there and 0 Regular Andover City Council Meeting Minutes -July 1, 2008 Page 2 everyone enjoys the convenient access to shopping. Bunker Lake Boulevard is the main east and west corridor through Andover and development along the street should display the very best Andover has to offer. Granting liquor permits and outdoor concerts in parkirig lots for several summer weekends is not in keeping with this concept. Mr. Lee stated he does not have anything against band concerts, alcohol or responsible drinking but neither the alcohol nor band concerts belong routinely staged in a parking lot along their main roadway. He stated they are unsightly and the noise is very intrusive. He stated this is about much more than just the noise. This is about the reputation of a community and the type of elements that it attracts. These type of events, or rather seasonal business expansions, lay the groundwork for excessive consumption, altercations and drug dealing. Mr. Lee noted he is retired from the Hennepin County Sheriff's Office and has seen the character of neighborhoods and shopping areas change based on perceived impressions. As the business expansion weekends become more frequent they have to ask if they want Bunker Lake Boulevard to be known as the band and booze boulevard. He did not think they should create a problem for the local law enforcement. He stated Pov's has ample room inside for concerts so he did not know why they needed to expand outside and Tanners has a smaller bar area and thought they could expand 0 their building to allow concerts inside rather than outside. A seasonal expansion into the parking lot should not be allowed. Mayor Gamache stated they can get Mr. McGinn copies of the notices and anytime they have discussed liquor related items they are always at Council meetings but they will add his address to the list. He noted there are two other events scheduled for Tanners and Pov' s has one scheduled. He stated in regards to why Pov's wants to do this in their larger facility is that by openirig up the ballfields and putting a band on the fields they can bring more people in. The Sheriff's Office is well aware of any event and they are there to quell any issues. He stated they will ask the Sheriff's Office to give them a report on what happens, if anything, on those nights. He noted the idea is for the businesses to make money and that is their goal. They do not need the City to grant them the request for liquor to have an outdoor event. They could have an outdoor event without liquor. Councilmember Trude stated this.is a topic that they previously discussed with the bar owners. She stated she is also concerned that this is creating a party atmosphere in their city that is taken advantage of by people that do not live here. She stated the Sheriff's Office has been told they need to enforce the noise ordiriance regardless of whether they are allowed to sell alcohol in their parking lots. She was told that evenirig the people that checked it out did not feel there was a violation of the noise ordiriance. She does not know how they should address this because the owners come to them after they booked the bands. She wonders if they should be lookirig at an outdoor concert permit process. If this is a big money maker for the two establishments it could expand to the other shopping centers in town; whether or not they have an alcohol license. They could have other activities happen and she does not see that as the kind of atmosphere they probably want. . Councilmember Orttel noted there is no violation of the law and the sound is not as loud as a lawn mower. He stated he was in the area when he received the call from Mr. McGinn and he could not 0 Regular Andover City Council Meeting Minutes-July 1,2008 Page 3 hear the sound. He does not know what the problem was and did not believe that allowing liquor in the parkirig lot is going to create drug users to come and use drugs in the parkirig lot. He thought a good part of the people that are there are from Andover and they are not drawing drug business into Andover by allowing the establishments to sell liquor outdoors. He stated they can have an outdoor band as long as they keep the decibels down and they have done that. He was confused to as what the issue is. Mr. McGinn indicated he is opposed to drinking parties on Bunker Lake Boulevard and to loud music. Councilmember Jacobson indicated there are two issues, the sound level of the band and the policy of allowing the liquor extensions for the outside. He stated he drove down to Tanners that evenirig and he could hardly hear the music a halfblock away. He could not hear the music until he got to the front where the flap was up on the tent. He stated the decibels were measured that evenirig and it was not above the standard. Maybe they should look at lowering the limit but they would have to be cautious since that will restrict a lot of things in the City. He stated he can see both sides in regard to the extension ofliquor into the parking lot but as long as it is within the limits and they do not have a lot of problems with the Sheriff's Office. He thought the Council would agree to go along with allowing them some leeway in doing what they are doing and they have to look at it on a case by case basis. They are goirig to be lookirig at some of these issues at an upcoming workshop to see if they need to make any changes and any input on a technical basis for the sound would be welcome. AGENDA APPROVAL Add Item 15A, (Consider Time Extension/Preliminary Plat/Timber Trails 2nd Addition). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES June 17, 2008, Regular Meeting: Correct as written. Councilmember Jacobson stated on page 3, line 39, it talks about the skateboard park and being short $180,000 and he thought they budgeted $100,000 but the project came in at $180,000 so they are short $80,000. They should delete $180,000 and insert $80,000 in the minutes. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims 0 Regular Andover City Council Meeting Minutes -July 1,2008 Page 4 Item 3 Award Quote/08-7/2008 Trail Maintenance Item 4 Approve Resolution/Speed Study/Bunker Lake Boulevard NW Between Crosstown Boulevard NW & Hanson Boulevard NW (See Resolution R051-08) Item 5 Approve Fee Ordinance Update (Ordiriance 373) Item 6 Accept Contribution/CenterPoint Energy Partnership GrantlFire Department (See Resolution R052-08) Item 7 Approve Response Letter/Oak Grove Comprehensive Plan Comments Item 8 Approve Consolidation Administration/City Clerk Departments (See Resolution R053-08) Item 9 Approve Resolution Appointing Data Practices Compliance Official (See Resolution R054-08) Item 10 Acknowledge Resignation of Andy Cross, Associate Planner Item 11 Approve Fundirig to Complete Lane Purchase Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER DECLARING DANGEROUS DOG REQUEST City Administrator Dickinson explained that on Saturday, June 14, 2008, a dog left its property and attacked a child causing injury. Mr. Dickinson reviewed the incident with the CounciL Mr. Mark Berglund, attorney for Mr. and Mrs. Kalmes, made a presentation to the Council regarding the incident. Councilmember Jacobson asked if to Mr. Berglund's knowledge this was the first incident with this dog. Mr. Berglund stated the neighbor had other dogs that have bitten people, but as far as he knows the Kalmes have asked Mr. Purmort to keep this dog off their property. This was the first time they have actually called the police on this dog. Councilmember Jacobson asked if a small child would go into a yard with a dog and get injured by the dog by being jumped on, if so would this still fall under the definition of dangerous dog. Mr. Berglund did not think so but this dog went off the owner's property and went onto his client's property. Councilmember Trude stated if the dog is declared as dangerous then it ensures the family that the dog will be in an enclosure and this could not happen again. Mr. Berglund stated that was correct. Councilmember Trude stated she does not have a problem with this classification. City Attorney Baumgartner noted for the record that Mr. Berglund and he practiced law at Mr. 0 Regular Andover City Council Meeting Minutes - July 1, 2008 Page 5 Berglund's father's office but that does not have impact on his response. He stated the question was what if this was not a vicious attack, but a playful attack and unfortunately neither the ordinance nor the State Statute makes that distinction. He thought the main emphasis is whether or not there is a dog that caused substantial bodily harm. He thought that is what was being sought without having to get into a discussion as to whether it was vicious or playful. He stated he could understand the troubling aspect of whether the dog was being vicious or playful but under their ordinance and the State Statute it does not make a difference. Councilmember Orttel stated before the fact they have an ordinance that tries to encourage people to keep their dogs licensed and kept on their property; after the fact the only option is to find out what. can be done so it does not happen again. He stated once harm has been made the ordinance instructs them to act to protect the residents in the city. He would be willing to hear from the owner. Mr. Thomas Purmort, 4820 170fu Avenue NW, owner of the bulldog, Rudy, explained to the Council what happened and stated his dog should not be declared "dangerous". Councilmember Trude wondered if Mr. Purmort had a hardship with putting up an enclosure. Mr. Purmort stated he has owned three dogs and ifhis dog puts one foot offhis property Mr. Kalmes calls the police. Mayor Gamache stated unfortunately there has been an injury to a child so it makes it a different case. Councilmember Trude stated when a dog runs off their owner's property and runs at a child it creates fear for them. The Council explained to Mr. Purmort what will need to be done if they decide to declare Rudy as a dangerous dog. Motion by Jacobson, Seconded by Orttel, to adopt the attached resolution declaring the American Bulldog a dangerous dog, order the owner to comply with the above requirements and direct either the Administrator or Building Department to meet with the owner of the bulldog to explain what the ordiriance requires him to do. Mayor Gamache asked what would happen if Mr. Purmort tried to sell or get rid of his dog, will this follow the dog. City Attorney Baumgartner stated he did not know what dog buyers request as far as papers and did not know if there is any designation that actually will get put on the registered papers of the dog. He thought if there was a request Mr. Purmort would have to answer truthfully. Councilmember Trude does not think it would be appropriate to put the dog in a home with toddlers. Motion carried unanimously. (RES. R055-08) CONSIDER TIME EXTENSION/PRELIMINARY PLATIWlHTEPINE WILDERNESS/161sT & CRANE STREET 0 Regular Andover City Council Meeting Minutes - July 1, 2008 Page 6 Community Development Director Neumeister explained the developer is requesting a time extension for the White Pine Wilderness preliminary plat. Mr. Neumeister reviewed the staff report with the Council. Councilmember Jacobson noted there was a resolution in the additional information they received which is different from the resolution that was in their packet. He stated the problem with the resolution in the packet is that it only talks about White Pine Wilderness and they really need to designate that it is the second addition. Mr. Neumeister stated the original preliminary plat was called White Pine Wilderness and they have phased it into two plats so he thought it should be left as written because it applies to the original approval of White Pine Wilderness when it was the entire phase one and phase two. Councilmember Trude thought the only thing that will be affected by this will be the development contract and the fees. She noted they do not want to mess with legal wording. Motion by Trude, Seconded by Orttel, to approve the attached resolution extending the preliminary plat exemption period by one year, expiring on July 18, 2009 with the following stipulations: I. Mr. Emmerich will pay the 2008 park dedication and trail fees instead of the 2007 fees. 2. The lots can be final platted and developed to the standards that existed when they were approved in 2006. Any changes in buildability requirements that took place between 2006 and now would not be applied to the lots in Phase II. If, however, the applicant requests changes to gradirig or design elements of the plat, a full staff review will take place and all current buildability requirements will be enforced. Motion carried unanimously. (RES. R056-08) CONSIDER CONDITIONAL USE PERMITIALLOWDRIVE THROUGH/1730-139TH LANE NW Community Development Director Neumeister stated the applicant is requesting a Conditional Use Permit to construct a drive-through for a new building in Andover Station North. The applicant is workirig with her design team to make these changes for the commercial site plan submittal. Councilmember Trude stated in their EDA meeting they asked that the buildirig be turned so the more attractive side is showing and she wondered if that is what is showing iri the drawing they have. Mr. Neumeister indicated it has. Councilmember Jacobson asked how the site triangle looks as exiting. Mr. Neumeister indicated the new drawing allows for more site visibility at the intersection where the car will be exiting. 0 Regular Andover City Council Meeting Minutes -July 1,2008 Page 7 Staff reviewed the new drawing and it is fine. Councilmember Jacobson asked if there will be a coffee shop in the building and will they be using the same drive through lane. Ms. Laura Heppner stated they will have a sliding glass door to access the clothing so no one will need to leave the car. She explained how the drive through will work. Motion by Jacobson, Seconded by Orttel, to approve the Conditional Use Permit subject to the conditions of the attached resolution, including adjustments to the site plan. Motion carried unanimously. (RES. R057-08) CONSIDER CONDITIONAL USE PERMIT/ALLOW DRY CLEANING PROCESSING/1730- 139TH LANE NW Community Development Director Neumeister explained the applicant is requesting a Conditional Use Permit to allow dry cleaning processing within a new buildirig in Andover Station North. Mr. Neumeister reviewed the information with the Council. Councilmember Trude stated on the drive through there are generally speaker systems and does the noise ordinance cover that or should they have added a condition on their CUP. Councilmember Orttel stated on the close up ones, they do not have to have loud speakers. Mr. Neumeister stated when they are in a residential area they are concerned about loud speakers but he thought this would be covered under the noise ordinance. Councilmember Jacobson stated in the resolution he would like to add: "Whereas the daycare center owner has approved this location for a dry cleaning establishment." He thought they should add this because the owner of the daycare needs to approve this before it could go through and should be reflected. Mr. Neumeister stated staff already has it in writing. Motion by Jacobson, Seconded by Orttel, to approve the proposed Conditional Use Permit addirig the following: Whereas the daycare center owner has approved this location for a dry cleaning establishment in writing. Motion carried unanimously. (RES. R058-08) 0 0 Regular Andover City Council Meeting Minutes - July 1, 2008 Page 8 . CONSIDER TIME EXTENSIONIPRELIMINARY PLAT/TIMBER TRAILS ~ ADDITION Community Development Director Neumeister stated the Developer is requesting a time extension for the Timber Trails 2nd Preliminary Plat. Mr. Neumeister reviewed the information with the CounciL Motion by Trude, Seconded by Jacobson, to approve the one year time extension with the following two stipulations: 1. Peter J esh, on behalf of Summit Development, will pay the 2008 park dedication and trail fees instead of the 2007 fees. 2. The lots can be final platted and developed as they were approved in 2007. If, however, the applicant requests changes to grading or design elements of the plat, a full staff review will take place and all current buildability requirements will be enforced. Motion carried unanimously. (RES. R059-08) SCHEDULE JULY EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the July 15,2008 City Council meeting. Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on July 15,2008 at 6:00 p.m. Motion carried unanimously. SCHEDULE AUGUST WORKSHOP The Council is requested to schedule a Special Council Workshop for the month of August for a number of miscellaneous business items. Motion by Trude, Seconded by Jacobson, to schedule a Special Council Workshop for August 26, 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, ClP Projects, legislative analysis and miscellaneous projects. 0 Regular Andover City Council Meeting Minutes -July 1, 2008 Page 9 MAYOR/COUNCIL INPUT (Grass Issue) - Councilmember Jacobson stated he received a phone call about an issue with grass and her neighbor. Mr. Dickinson assured him that someone from staff will go out and report back on the situation. (Property Acquisition) - Councilmember Jacobson stated they voted on the funding for the property acquisition west of City HalL He wonders when they were plannirig on taking that site down. Mr. Dickinson stated they are plannirig on November 2008. (Bunker Lake Boulevard Center Median) - Councilmember Orttel stated they haven't formally decided what they are going to do with the median on Bunker in front of the shopping area and he suggested either yellow daylilies or crown thatch. He thought either would be a good efficient plant to put there. Mr. Dickinson stated they are waiting to have an appropriate lane closure so they can get in to do the native grass plantings. (Fun Fest Booth) - Councilmember Jacobson asked if the City is going to have a booth at the Fun Fest this year. Mr. Dickirison stated they will have a booth. (Fun Fest Dates) - Mayor Gamache stated the Fun Fest will be July 11 and 12th. (Andy Cross Resignation) - Mayor Gamache stated Andy Cross will be leaving Andover for lllinois. He wishes him well and thanked him for all the work he has done for the City. (Resident Email) - Mayor Gamache stated he would like staff to call Mr. Slyzuk to find out what is going on in his fields. The Council wished everyone a safe and happy 4th of July Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:34 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes - July 1, 2008 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 1,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ...... .............. ........ ......... ............... ................ ....... ................ ..... ... ...... 1 RESIDENT FORUM ........ .... ....... ................ .... ... ....................... ........ .................................... ...... ... 1 AGENDA APPROV AL.... ......... .................... ............. ..... ........... ...... ............... .................. ..... ... ..... 3 APPROV AL OF MINUTES. ....... .......... ........ ........... ............... ...... ........ ........... ............ ............ ...... 3 CONSENT ITEMS ............. .... ..... .................. .......................... ..... ......... ... ...... .......... ........... ... ..... ... 3 Approval of Claims..........................................................................................:.......................... 3 Award Quote/08-7/2008 Trail Maintenance ............................................................................... 4 Resolution R051-08 approving Resolution/Speed Study/Bunker Lake Boulevard NW Between Crosstown Boulevard NW & Hanson Boulevard NW........................................................... 4 Approve Fee Ordinance Update/Ordinance 373.........................................................................4 Resolution R052-08 accepting Contribution/CenterPoint Energy Partnership GrantlFire Department........................................................................................................................... .. 4 Approve Response Letter/Oak Grove Comprehensive Plan Comments..................................... 4 Approve Consolidation Administration/City Clerk Departments Resolution R053-08 ............. 4 Resolution R054-08 approving Resolution Appointing Data Practices Compliance Official.... 4 Acknowledge Resignation of Andy Cross, associate Planner..................................................... 4 Approve Fundirig to Complete Lane Purchase ........................................................................... 4 CONSIDER DECLARING DANGEROUS DOG REQUEST RESOLUTION R055-08 .............4 CONSIDER TIME EXTENSIONIPRELIMINARY PLA TIWHITE PINE WILDERNESS/16I ST & CRANE STREET RESOLUTION R056-08 ......................................................................... 5 CONSIDER CONDmONAL USE PERMIT/ALLOW DRIVE THROUGH/1730 - 139TH LANE NW RESOLUTION R057 -08 . .................. .......................... ........... ........ ...................... .............. 6 CONSIDER CONDITIONAL USE PERMIT/ALLOW DRY CLEANING PROCESSING/1730- 139TH LANE NW RESOLUTION R058-08 .............................................................................. 7 CONSIDER TIME EXTENSIONIPRELIMINARY PLAT/TIMBER TRAILS 2ND ADDITION RESOLUTION R059-08 ................ .................... ....... ...................... ................ .......... ...... ... ..... ..... ... 8 SCHEDULE JUL Y EDA MEETING ............................................................................................. 8 SCHEDULE AUGUST WORKSHOP ...........................................................................................8 ADMINISTRATOR REPORT........................ ........ ........... ....... ............ ..... ............... ............... ...... 8 MA YOR/COUN CIL INPUT. ........... ........ ....... ............ ....... .......... ............. ..................... ........... ..... 9 Grass Issue. ..... .................... ..... .......... .... ......... ...... .......... ............ .......... ... .... ..... .... .... ...... ......... ... 9 Property Acquisition................................................................................................................... 9 Bunker Lake Boulevard Center Median ..................................................................................... 9 Fun Fest Booth. ................................. ........ ......... ....... ... ........ ......... .......... ...... ................ ...... ........ 9 Fun Fest Dates. ...... .................... ... ... ........ ............... ....... ............ ................. ... ...... .............. ...... .... 9 0' Andy Cross Resignation........... ......... .......... .................... ....... ... ... ................. ........ .... ........ ... ... .... 9 Resident Email. ........................................................................................................................... 9 ADJOURNMENT ........... ............. ... ... ..................... ........................ ........ ......... ..... ......... .............. ... 9