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HomeMy WebLinkAboutCC- May 5, 2009 C II T Y ` O F NDO T U (© 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, May 5, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Recess City Council Meeting Reconvene 2009 Local Board of Appeal & Equalization 1. Discuss Green Areas Application to Andover Properties 2. Discuss Appeal of Market & User Valuations — Holasek Properties 3. Close 2009 Local Board of Appeal & Equalization Reconvene City Council Meeting Resident Forum Agenda Approval 1. Approval of Minutes (4/21/09 Regular; 4/23/09 BOR) © Consent Items 2. Approve Payment of Claims — Finance 3. Award Quote /09- 3/2009 Crack Sealing - Engineering 4. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/05- 43/Hanson Boulevard NW Frontage Road — Engineering Discussion Items 5. Discuss /Approve 2010 Budget Development Guidelines — Administration 6. Follow Up to Nuisance Discussion — Administration 7. /Discuss /Approve Justice Assistance Grant (JAG) Memorandum of Understanding -Administration Staff Items 8. Schedule May EDA Meeting — Administration 9. Cancel May 14, 2009 Council Workshop — Administration 10. Administrator's Report -Administration Mayor /Council Input Adjournment f� `x 2t .86 C 1 't' +I 0 a / Y I 3 .�, . 3� - ,,..f J REGULAR ANDOVER CITY COUNCIL MEETING — MAY S, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by.Mayor Mike Gamache, May 5, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Others PLEDGE OFALLEGIANCE Q Motion by Jacobson, Seconded by Trude, to recess to the 2009 Local Board of Appeal & Equalization meeting at 7:00 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to reconvene to the City Council meeting at 7:35 p.m. Motion carried unanimously. RESIDENT FORUM Mr. Mark Hedin, White Rabbit Winery & Vineyards, 3482 165` Lane NW, Andover, stated he is at the meeting to request the Council remove the restriction of volume limitation on his Conditional Use Permit, it is unnecessary since the State of Minnesota monitors the industry in order to issue licenses. He stated he has not had any complaints from neighbors and did not know any other business that is monitored like his. Mayor Gamache stated he originally approved this and agreed this volume limitation was not necessary because the State does monitor this. Councilmember Trude stated the concern was Mr. Hedin was running a business on a 2.5 acre lot in a family neighborhood and they do not typically have businesses in neighborhoods without the large production space typical farms had so she would be reluctant to make any changes. a Mr. Hedin explained how his business set up and explained there have not been any problems with it in the neighborhood. Councilmember Jacobson stated if Mr. Hedin did want a change to his CUP he would need to go Regular Andover City Council Meeting Minutes —May 5, 2009 Page 2 through the process and pay the fee. Mr. Hedin believed there were situations in the past that a restriction was placed on a CUP and the Council had the right to remove it. Councilmember Trude indicated Mr. Hedin runs two businesses on his property and thought it was the Council's prerogative to put some parameters on it. Mayor Gamache stated he supported whatever the State has set for limits and the State limit is 50,000 gallons. Mr. Hedin stated he would never reach that capacity. Councilmember Knight stated he would consider looking at this through a CUP process. Councilmember Bukkila stated she would be willing to look at it. Councilmember Jacobson stated Mr. Hedin would need to go through the process to see if the Council would want to remove the restrictions. AGENDA APPROVAL There were no changes. © Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES April 21, 2009, Regular Meeting: Correct as written. Councilmember Jacobson stated on page 3, line 11, at the end of the line the word quite was spelled quit and should be changed. Councilmember Trude stated on page 2, last line should read "... Mr. Lipski wondered buy why ..." Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present ( Trude). CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Quote /09- 3/2009 Crack Sealing (See Resolution R041 -09) © Item 4 Receive Assessment Roll /Waive Public Hearing/Adopt Assessment Roll /05- 43 /Hanson Boulevard NW Frontage Road (See Resolution R042 -09) Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried Regular Andover City Council Meeting Minutes — May 5, 2009 Page 3 unanimously. DISCUSS /APPROVE 2010 BUDGET DEVELOPMENT GUIDELINES Mr. Dickinson stated city departments will soon be starting the 2010 Annual Operating Budget Development Process and is looking to the City Council to establish the Council's guidelines for the preparation of the 2010 Annual Operating Budget. Mr. Dickinson reviewed the guidelines from the staff report with the Council. Motion by Knight, Seconded by Bukkila, to approve the 2010 Budget Development Guidelines as presented. Motion carried unanimously. FOLLOW UP TO NUISANCE DISCUSSION Mr. Dickinson stated the Council had discussed code enforcement regulations at the last Council meeting and the City Attorney indicated he would follow up on a statute that he thought would come into play. Councilmember Trude stated she saw the email and photos from a neighbor and discussion they previously had and the concern she had was that sometimes people can take the six foot fence and hide things that are more of a health and welfare issue and not just an unattractive, eyesore issue. In those type of situations she thought it would be appropriate for action to be taken. City Attorney Baumgartner reviewed the Statute with the Council and how it could affect them. He stated the problem is where the City would draw the line and at what vantage point would the City use for criteria, a second story window or a six -foot fence, which he thought was the correct criteria. If it does affect the health, safety or welfare they would have the right to go in there. An odor that may be unpleasant to the neighbor would probably not be enough to go in and do something about. He thought they needed to be cognizant of the fact that they have an obligation to all of the citizens and if this is a situation where it is a property or neighbor dispute they do not like to overlook something in the back yard. If it is screened and meets the criteria of the City Code then he did not think it should be dealt with by the City. He stated there has to be some line that the City draws. Councilmember Jacobson asked at what point the City indicates nothing can be done. City Attorney Baumgartner stated there has to be somewhat of a balance. He thought if they are going to go through a closed gate or fence to view something that is not otherwise viewable, they are intruding © upon private property rights. He thought there had to be some sort of a balance analysis of what the significance is of the alleged violation versus the private property interest. Mr. Dickinson agreed and indicated they tried to have the balance of private property rights versus addressing complaints. Most complaints are visible from the road and they can address them by seeing the violation from the road. He stated they will be able to take care of a majority of the violations but not all of them. Regular Andover City Council Meeting Minutes — May 5, 2009 Page 4 Councilmember Knight felt the key word was "welfare ". City Attorney Baumgartner stated the City still has within their power to obtain an administrative search warrant if the need arises but in order to get that they need to have some compelling facts in order for the warrant to be issued. Mayor Gamache thought this was a balancing act and neighbors should take care of their own issues between themselves but if there is a violation it should be reported. They do not want to get to the point of policing everyone. DISCUSS /APPROVE JUSTICE ASSISTANCE GRANT (JAG) MEMORANDUM OF UNDERSTANDING Mr. Dickinson stated the City of Andover is eligible for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program. It is the City of Andover's understanding the primary intent of this grant program is to help law enforcement in their efforts to prevent and reduce crime and violence. © Mr. Dickinson stated to participate in the program the City needs to participate in a j oint application with all the other eligible cities in Anoka County. They have the process where Anoka County will function as the fiscal agent and eligible for a ten percent administrative fee so their allocation is reduced by ten percent. Mr. Dickinson reviewed with the Council some of the projects and items they could apply for with this grant. Motion by Jacobson, Seconded by Knight, to authorize the Mayor and the City Administrator to sign a memorandum of understanding with Anoka County for Recovery Act Justice Assistance Grant Program Award as presented. Motion carried unanimously. SCHEDULE MAYEDA MEETING The Council is requested to schedule an EDA meeting for the month of May. Motion by Trude, Seconded by Knight, to schedule a May EDA Meeting for Tuesday, May 19, 2009 at 6:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes — May 5, 2009 Page 5 CANCEL MAY 14, 2009 COUNCIL WORKSHOP The Council is requested to cancel the previously scheduled Council Workshop for the month of May for a number of miscellaneous business items. Motion by Jacobson, Seconded by Knight, to cancel the May 14, 2009 City Council Workshop. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, and Legislative update. MAYORICOUNCIL INPUT © (Fun Fest Questions) — Councilmember Jacobson stated he received a phone call from a constituent wondering why there is not a carnival at the Fun Fest this year. Mayor Gamache thought it may have been a scheduling problem but also the air filled bouncers were more popular and not as expensive. Mr. Dickinson stated last year they could not get the carnival and rented the bouncers and found them to be very popular so they decided to continue with using the bouncers. (Traffic Signal Issue) — Councilmember Jacobson stated he received an email today concerning a traffic signal issue at Round Lake Boulevard and 161 where people turning left onto Round Lake Boulevard are not yielding to vehicles going straight and wondered if the City could contact the County to see what could be done. Mr. Dickinson he would check into this. (Round Lake Boulevard Trees) — Councilmember Bukkila wondered what the reason was for taking down all the trees in the right -of -way on Round Lake Boulevard. Mr. Dickinson stated the County makes it a practice of removing trees in the right -of -way. Councilmember Trude stated this road has already been improved to the maximum and did not think it made sense for the County to remove trees. She would like to set up a meeting with the County regarding this. Councilmember Bukkila stated the neighbors are concerned because of the loss of a buffer and having to purchase their own trees to plant for a buffer and many do not have the extra money to do this at this time. Regular Andover City Council Meeting Minutes — May S, 2009 Page 6 (Anoka High School Play) - Councilmember Bukkila stated she received an invitation to the Anoka High School Play which she attended and was pleasantly shocked at the level of ability in these performers. Councilmember Knight stated this is a benefit and the proceeds are going to Junior Diabetes. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — May 5, 2009 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —MAY S, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Award Quote /09- 3/2009 Crack Sealing (See Resolution R041 -09) ............ ............................... 2 Receive Assessment Roll /Waive Public Hearing/Adopt Assessment Roll/05 -43 /Hanson Boulevard NW Frontage Road (See Resolution R042- 09) ..................... ............................... 2 DISCUSS /APPROVE 2010 BUDGET DEVELOPMENT GUIDELINES ..... ............................... 3 FOLLOW UP TO NUISANCE DISCUSSION ............................................... ............................... 3 DISCUSS /APPROVE JUSTICE ASSISTANCE GRANT (JAG) MEMORANDUM OF UNDERSTANDING.................................................................................. ............................... 4 SCHEDULEMAY EDA MEETING .............................................................. ............................... 4 CANCEL MAY 14, 2009 COUNCIL WORKSHOP ...................................... ............................... 5 ADMINISTRATORREPORT ........................................................................ ............................... 5 MAYOR/COUNCIL INPUT ........................................................................... ............................... 5 FunFest Questions ...................................................................................... ............................... 5 TrafficSignal Issue ..................................................................................... ............................... 5 Round Lake Boulevard Trees ...................................................................... ............................... 5 AnokaHigh School Play ............................................................................. ............................... 6 ADJOURNMENT............................................................................................ ............................... 6