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HomeMy WebLinkAboutCC- June 2, 2009 C I T Y O F ND®VE © 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 2, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/19/09 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Fee Ordinance Amendment/Establish Single Family Rental License Fee -- Planning 4. Update on Revised Planned Unit Development/Andover Clocktower Commons/NE Corner of Hanson & Crosstown Blvds . NW — Administration 5. Accept Petition/Order Feasibility Report/09-25/13758 Round Lake Blvd. NW/WM - Engineering Discussion Items © 6. 2008 Audit Presentation /HLB Tautges Redpath - Finance 7. Consider Conditional Use Permit/Used Vehicle Sale /3149 - 162 "d Lane NW (Continued) - Planning 8. Consider Business License/Used Vehicle Sales /3149 - 162 Lane NW (Continued),— Planning 9. Consider City Code Amendment/Changes to City Code Title 4 /Abatement Process (Continued) - Planning Staff Items 10. Administrator's Report - Administration Mayor /Council Input Adjournment IT REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 2 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 2, 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 Community Development Director, Will Neumeister Director of Public Works /City Engineer David Berkowitz Others PLEDGE OFALLEGIANCE RESIDENT FORUM Mr. Caroll Abbott, 2917 142nd Lane NW , stated at the ballpark at Yukon Street and 141 Lane there are no parking signs along the street and cars are parking along there so there is not much room to get by, he thought this should be looked at. He also noted at Heather Street and 142 Avenue there is a big wash out in one of the storm sewers. Mr. Abbott stated he also has a problem with building permits and wondered why he needed to pay for one for any improvements done to his home. Mr. Dickinson stated the City is authorized by the State of MN to enforce building codes, they adopt the State Building Code and part of that is the provision for fees and fee structure in that. Mr. Abbott stated he has a building permit that is not signed off on and inspectors have never shown up at his home and when his contractors have picked the permits up they have been told that they know the code so they did not need to come out for an inspection. He stated his concern was that the City inspectors were telling his contractors that and his home has not been inspected and his permits have never been signed off on. Councilmember Trude stated the permit states the permit is to remain visible until signed off on so her concern would be with the contractor. Mr. Dickinson stated if the contractor was the one who pulled the permit they would be the ones that need to coordinate the inspection with the City. Councilmember Knight asked if the City has a follow up system. Mr. Dickinson stated they do for roofing and siding and are playing catch up from previous years work done. Mr. Dickinson Regular Andover City Council Meeting Minutes —June 2, 2009. Page 2 stated he would check into this, but did indicate that over the past three years close to 600 roofs have been replaced in the City. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 19, 2009, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page 6, at the bottom of the page, there was a motion by Bukilla and seconded by Knight to table this item and he wondered if they just tabled this or did they table it to a time certain for later approval. Mr. Dickinson stated there was more discussion on what was approved. Councilmember Trude stated they also had approval from the property owners and they agreed to extend what was necessary to extend this while they pursued a lot split. Mr. Dickinson stated that was correct and they were looking to secure a letter from the applicant to extend the approval process on this and if they were unable to get a letter from the applicant they would bring this back to the Council for denial. Councilmember Trude wondered if they should add more to this discussion because the owner came up to the podium agreeing to the extension. She thought wording should be added on line 27, "the applicant stated that would be acceptable ". Councilmember Trude stated on page 9, line 24, delete the word "get ". On page 10, line 22, the word "no" should be "not ". Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Fee Ordinance Amendment/Establish Single Family Rental License Fee (Ordinance 382) Item 4 Update on Revised Planned Unit Development/Andover Clocktower Commons/NE Corner of Hanson & Crosstown Blvds NW © Regular Andover City Council Meeting Minutes —June 2, 2009 Page 3 Item 5 Accept Petition/Order Feasibility Report/09- 25/13758 Round Lake Blvd NW /WM (See Resolution R046 -09) Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. 2008 AUDIT PRESENTATIONIHLB TAUTGES REDPATH Mr. Dickinson introduced Ms. Peggy Moeller, HLB Tautges Redpath, who along with Mr. Dickinson made a presentation to the Council. Motion by Jacobson, Seconded by Knight, to accept the audit as presented. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMITIUSED VEHICLE SALE13199 — 162 LANE NW (CONTINUED) Mr. Neumeister stated this item was previously tabled to allow the applicant and staff time to address items discussed at the last meeting. Mr. Neumeister reviewed the information with the Council. Councilmember Trude stated the reason she brought up the question of one parking stall is that the State license application indicated five and she thought they should limit the permit to the number they have on the drawing so the applicant can bring it forward to the State indicating he only wanted one parking space and the City was ok with that. Mr. Neumeister stated another item was in regard to the hours of operation. He stated the applicant indicated the hours of operation would be by appointment only. If the City wanted to set office hours they could do that. Councilmember Trude stated generally they write the hours into the permit when they review them. Mr. Dickinson noted the State is requiring in their application that hours of operation and contact information be included. City Attorney Baumgartner reviewed the restrictions and conditions in the City Code related to this. Councilmember Trude asked if they could put into the permit the hours of operation is by appointment only. City Attorney Baumgartner stated they could do that but it would be very broad. Councilmember Trude wondered if they could put in the permit the hours of operation © that would be permitted. Mr. Neumeister reviewed the landscaping plans with the Council. Councilmember Trude stated generally they make sure that landscaping is installed within a certain amount of time and they have never recognized seed as landscaping and wondered if they should change it to sod since generally they have required sod, even in new residential developments. Mr. Dickinson stated a Regular Andover City Council Meeting Minutes —June 2, 2009 Page 4 time frame for this would be appropriate. Mayor Gamache asked in Chapter 8 -3 -83, he wondered what "regular" meant. City Attorney Baumgartner thought it meant something that is done on a day to day basis and how they earn a living. Mr. Frank Sudd, 15956 Drake Street, was at the meeting to answer questions. Councilmember Jacobson asked if office hours would be by appointment only or what was his intention. Mr. Sudd stated being that his home is a few miles from this office and he could have business hours from 5:00 p.m. to 9:00 p.m. but he would post his hours. Councilmember Trude preferred to have set hours because once they grant the permit if this applicant moves out the next one that comes in could have unreasonable hours. City Attorney Baumgartner thought it could read "office hours between and , by appointment only." Councilmember Trude thought they could have it read "office hours 5:00 p.m. to 9:00 p.m. M- S." She asked if everything is acceptable to the applicant after talking to the owner of the property. Mr. Sudd stated he is acceptable to all the improvements. Mayor Gamache asked how much office space he is leasing. Mr. Sudd indicated it is very small with a separate outside door. Mayor Gamache stated he is under the impression that there are other businesses in the development and there might be a concern with enough room for everyone. He wondered if Mr. Sudd knew how many businesses are currently there. Mr. Sudd thought there were three. Mayor Gamache asked if there would be room for a fourth business. Mr. Sudd thought there would be. Councilmember Trude wondered if there would be enough parking area for the number of businesses. She stated she talked to staff and was told it met City Code since the parking requirements are based on building square footage. Mayor Gamache wondered how Mr. Sudd would perform his business with only one car on site at a time. Mr. Sudd stated he would be purchasing vehicles and selling them right away to clients that were looking for certain models. Mayor Gamache asked if this will be an online business and advertise the one car. Mr. Sudd stated this is to satisfy the State and he did not think he would even have a vehicle in the one parking slot. He is doing what he needs to do in order to get his license. Motion by Knight, Seconded by Jacobson, approval of the Conditional Use Permit with the © addition of the provisions discussed in minutes. Councilmember Jacobson stated in the Resolution, line Item 3 of the it should read "the areas of bare ground on the subject property shall be sodded and maintained to establish a lawn." He did not think seeded should be in there. He stated an additional Item 5 should be "office hours should be between 5:00 p.m. to 9:00 p.m. Monday through Saturday and by appointment only ". © Regular Andover City Council Meeting Minutes —June 2, 2009 Page 5 An additional Item 6 should read "signage should be per City Code" and an additional Item 7 "one display vehicle permitted at a time ". Councilmember Trude stated on Item 2 it talks about the vehicle display parking and she wanted to clarify "vehicle display parking, customer parking and employee parking shall be signed and limited to the nine spaces at the locations described in the June 2, 2009 staff report to the Council." She wanted to make sure that the business parking is for this business only and not for other businesses to use. City Attorney Baumgartner recommended adding a provision such as "the applicant shall be required to obtain a used vehicle dealer license from the State of Minnesota". He would also recommend adding a provision "the applicant shall be required to comply with the State and local laws including those applicable to used motor vehicle dealers ". In looking at the State law versus their City Code, the City Code does not allow dismantalling of vehicles but the State does and in order to avoid that he would recommend they include in the permit the following wording: "the applicant may not engage in the business of buying or otherwise acquiring vehicles for dismantalling vehicles and selling used parts and remaining scrap materials." Q Councilember Knight agreed to the additions to his motion. Councilmember Jacobson agreed. Ms. Jennifer Aus- Sherman, stated she is leasing space at the 3149 building. She stated she wanted to bring to the Council's attention that her lease and information that Mr. Larson has sold this building to Mr. Bob Yonkee. Her lease and that of the other two tenants is with Yonkee and Associates. She stated the building currently has three suites with long term leases and she has never met Mr. Sudd before. She stated she was very concerned when she learned of the proposed auto dealership. She reviewed the lease information with the Council regarding all three businesses at the property. Ms. Aus - Sherman stated she contacted the City to gather information and was later told by the Mayor she should come to the meeting to discuss this with the Council. She reviewed her concerns with the Council and indicated that when she talked to Mr. Larson he asked her not to bring this up at the Council meeting. She stated she is adamantly against the auto dealership and that Mr. Larson did not have a right to lease any space to the auto dealership or anyone else. Mr. Jim Larson, Larson Plumbing & Heating, stated he pays the taxes on the building and the building is sold on a contract for deed to Mr. Bob Yonkee who has put a down payment on it but needs to qualify for a loan. He stated his is a non - signed agreement with Mr. Yonkee. He agreed all leases are with Mr. Yonkee. He stated he did meet with Ms. Aus - Sherman today. Mr. Larson stated Northern Asphalt is the company that put the parking lot down. He put asphalt a there so vehicles could turn around on it. Councilmember Trude wondered if the fenced in area is being leased by the irrigation company. Mr. Larson stated they are leasing part of the building and using the parking area, the fence is for security for their vehicles. © Regular Andover City Council Meeting Minutes — June 2, 2009 Page 6 Mr. Larson showed the Council the building layout. Mr. Larson indicated on the drawing how the space could be converted to meet the state licensing requirements. Ms. Aus- Sherman indicated the leases do not allow subleases. Councilmember Jacobson asked if Mr. Larson is currently the owner of the building. Mr. Larson stated he is currently the owner of record and has a contract for sale with Mr. Yonkee. City Attorney Baumgartner asked if Mr. Yonkee has assumed the lease with Mr. Sudd. Mr. Larson was not sure about that. Mr. Larson stated the irrigation company would be subleasing to Mr. Sudd. Councilmember Bukkila asked if Mr. Larson's name is on any lease of the building. Mr. Larson stated his name is on Mr. Sudd's lease and they have an agreement to lease the 4 bay. Councilmember Jacobson stated he is withdrawing his second. Councilmember Knight stated he is withdrawing his motion. Motion by Jacobson to table this item for two weeks until staff and City Attorney Baumgartner can review this item for legal issues and to report back to the Council with any results found. Councilmember Trude thought they could also deny this application since it seems like every time they review this application they are being misled. Mr. Larson thought he was the property owner of record until it closes, and name transfers. He believes he is the current property owner. City Attorney Baumgartner stated Mr. Yonkee would need to assume the lease because he does have a contract and an interest in the property regardless of ownership. There was discussion about who had a legal interest in the property. The motion was not seconded or voted upon. Motion by Trude, Seconded by Bukkila, to deny the CUP. Mr. Larson asked if Mr. Yonkee should have the right to cancel the lease. City Attorney Baumgartner explained the process the Council needed to follow before approving the CUP. There was discussion regarding the reason for denying or tabling this item. Councilmember Bukkila withdrew her second. Councilmember Trude withdrew her motion. © Councilmember Jacobson renewed his motion to table this item to get a legal opinion on if this can proceed or not. Councilmember Knight seconded the motion. © Regular Andover City Council Meeting Minutes —June 2, 2009 Page 7 Motion by Jacobson, Seconded by Knight, to table this item until City Attorney Baumgartner and Staff can review this item for legal issues. Councilmember Jacobson also made a motion to table Item 8. Mr. Dickinson stated they need to confirm the dates for extension and ask the applicant to extend the application or it would need to be denied. Motion carried unanimously. Councilmember Jacobson asked if Mr. Larson and Mr. Sudd would grant an extension to the application of thirty days. Mr. Larson and Mr. Sudd indicated they agreed to a thirty day extension on the Conditional Use Permit application. Councilmember Trude stated she wanted to know the following when this item comes back to them. • Ownership of the property • Location of the business • Potential business of body shop repair shop • Sublease information with MN Irrigation • Control of the fenced area CONSIDER BUSINESS LICENSEIUSED VEHICLE SALES 13149 — 162 LANE NW (CONTINUED) Mr. Neumeister stated the ordinance for vehicle sales requires Council approval of a business license. The applicant has paid the application fee and a motion is required to act on the business license application. Mr. Sudd agreed to a thirty day extension of the business license application. Motion by Jacobson, Seconded by Knight, to table this item with the extension from the applicant, Mr. Sudd. Motion carried unanimously. CONSIDER CITY CODE AMENDMENT /CHANGES TO CITY CODE TITLE 4 1ABATEMENT PROCESS (CONTINUED) © Mr. Neumeister stated this item was first introduced at the April 14, 2009 Planning Commission meeting where a public hearing was held and continued to the May 12, 2009 Planning Commission meeting. Staff has found some inadequacies with current language in Title 4 of the City Code, mainly pertaining to abatement. With the number of foreclosed and rental properties rising due to current economic conditions, this is a good time to bring forward these amendments. © Regular Andover City Council Meeting Minutes — June 2, 2009 Page 8 Mr. Neumeister reviewed Item F in the staff report with the Council. Councilmember Knight stated they previously discussed backyards and that no one would go back there, would this apply here. Mr. Neumeister stated that had to deal with that when looking at rental licenses and this situation is abatement; two different items. The Council and staff discussed violations in backyards and how they could enforce the clean up of them. Mr. Neumeister reviewed page 9 with the Council. City Attorney Baumgartner stated the wording should read "Enter upon the land and inspect" so it is not confusing otherwise it may indicate entering a home. Mr. Neumeister stated at the bottom of page 9, twenty percent, there was a question if this should be changed to "reasonable amount" instead of twenty percent. City Attorney Baumgartner stated they wanted to be consistent with the costs so he suggested they leave it at twenty percent. Councilmember Jacobson wondered if twenty percent is the correct amount. Councilmember Trude thought it is because the larger the abatement the more the City would receive for work done. City Attorney Baumgartner stated by the time the property owner goes into abatement they have received a lot of correspondence from the City and Attorney and they are not charged for anything up to that point so he felt the twenty percent is reasonable. Mr. Neumeister stated on page 10, top of page, sixty days, there is a question if sixty days is reasonable. Staff and the City Attorney felt sixty days seemed appropriate. Councilmember Jacobson thought sixty days was too strict because if someone owes a large amount to the City they may not have time to gather the money or get a loan within that time frame to pay the amount. Councilmember Trude stated she would be open to increase or change that to be more flexible. Councilmember Jacobson thought they could have the wording read "sixty days or at the discretion of the Council ". He thought there needed to be a safety valve there. City Attorney Baumgartner stated they could do a special assessment on the property if the amount is large. Councilmember Knight thought any assessment over $2,000 should have a different pay out schedule that they go by. The Council discussed between each other and staff the wording that should be used. © Councilmember Trude thought the wording should be ninety days and then at the Council's discretion based on a hardship. Councilmember Jacobson stated he did not like that because then the Council would need to determine what a hardship was. City Attorney Baumgartner suggested the following wording to read "Such notice shall further © Regular Andover City Council Meeting Minutes —June 2, 2009 Page 9 provide that if the total amount is not paid to the City within sixty days or within a later period of time as determined by the City, on the owners request, the cost, expenses..." The Council liked the wording the City Attorney read. Mr. Neumeister reviewed page 12 with the Council, wording of citations. The Council indicated they did not want the compounding fees to be left in. The Council decided to leave the wording as is in the ordinance. Mr. Neumeister reviewed page 14 with the Council. City Attorney Baumgartner stated he wanted to add some wording to the item regarding containers. After the first sentence he would add to the sentance "...however yard waste compost sites on property consisting of no less than 2.5 acres shall not be required to be placed in containers for collection unless it has been demonstrated to be detrimental to public health, welfare or safety ". Councilmember Trude asked if yard waste is distinguished from compost because generally you can compost yard waste and then on page 15 it does indicate compost container even though a lot of people do not place compost in containers. Councilmember Jacobson thought the wording was fine for city size lots but when they get to 2.5 acres or more it would not work the way it is written right now. Mr. Neumeister reviewed page 20 with the Council, enforcement official having to make a decision on abatement and the Council wanted the wording to read "after discussion with the City Attorney ". City Attorney Baumgartner stated he did not want to limit staff's ability to move quickly in his absence so he did not want the wording to be changed. Councilmember Trude stated on page 18 some language was changed regarding the trucks that move the trash around town and she thought the old style was actually better than the new sentence structure. Councilmember Jacobson suggested in the third line of page 18 the sentence reads "...and have a full enclosed embedded body which will completely contain the contents..." The Council discussed problems with trash and trash containers in the City. Mr. Rod Pakonen, 13890 Holly Street NW, stated he would like to have an ordinance in the City regarding trash cans and screening them. He suggested the ordinance be either put it in the garage or cover it with a fence or barrier to screen them. This would not only tidy up the community but it would also discourage the scavengers and there should be screening for composting. He did not see how a compost pile is any different than a garbage can and should be covered from view. Mr. Neumeister stated on page 17, item Cl, the topic is neat and orderly collections. He thought © Regular Andover City Council Meeting Minutes —June 2, 2009 Page 10 maybe a little burdon should be put on the resident also and not just the licensee. The Council discussed this and did not think there was a way to patrol this and make sure the correct people were cleaning up after themselves. Councilmember Jacobson thought they may just require everything to be bagged. Councilmember Knight thought they could put an article in the newsletter regarding this so people realize they need to make sure all their garbage is contained. The Council continued to discuss page 20 regarding enforcement official. The Council indicated they would like to have someone other than the official make a decision regarding enforcement, either the City Attorney or the City Administrator. Motion by Jacobson, Seconded by Knight, to approve this item with the changes discussed along with the summary ordinance. Mayor Gamache stated one thing they have not discussed is screening of garbage and he would not at this point in time think is an issue but he wondered if the Council had any other ideas. He asked if there are other cities that required screening of garbage cans. Councilmember Trude stated every city she has lived in does have a requirement to keep the garbage can in the garage to deter animals from getting in there. Councilmember Jacobson did not think he would want his garbage in the garage. He indicated he stored his next to the garage. Councilmember Trude thought they should see what other cities are doing. Mayor Gamache asked staff to look into this. Motion carried unanimously. (Ordinance 383) ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, and Legislative update. Community Development Director Neumeister updated the Council on development activities in the City. Director of Public Works /City Engineer Berkowitz updated the Council on public works projects in the City. MAYORICOUNCIL INPUT Regular Andover City Council Meeting Minutes — June 2, 2009 Page 11 (Met Council Letter Regarding Household Counts) — Councilmember Trude stated the City received a letter from Met Council regarding household counts in Andover and she thought they had more than what the Met Council is indicating. She wondered if they could send a letter to the Council indicating what the City figured their counts to be. Mr. Dickinson stated they do that every year and the Met Council does not agree with them on this. (Andover Athletic Association Anniversary) — Mayor Gamache stated last Saturday Andover Athletic Association celebrated twenty -five years. (Farm Field Dust) — Mayor Gamache stated he wanted to touch base with some residents about dust coming off of farm fields and he wanted to remind everyone that this is the third driest year since the 1930's dust bowl. He stated there is really nothing the City can do as the State has laws on their books protecting faming operations. ('Thanks to Andover Fire Department) — Mayor Gamache wanted to thank the Fire Department for a job well done on the field fire they had. Councilmember Trude wondered if there is a ban on recreational fires. Mr. Dickinson stated right now there is not but if it remains as dry as it has been he suspected there will be a ban for all fires by the weekend. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:45 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — June 2, 2009 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES JUNE 6 1 2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 2 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Approve Fee Ordinance Amendment/Establish Single Family Rental License Fee (Ordinance 382) .....................................................................:................................. ............................... 2 Update on Revised Planned Unit Development/Andover Clocktower Commons/NE Corner of Hanson & Crosstown Blvds NW ................................................................. ............................... 2 Accept Petition/Order Feasibility Report/09- 25/13758 Round Lake Blvd NW /WM (See ResolutionR046- 09) .................................................................................... ............................... 3 2008 AUDIT PRESENTATION/HLB TAUTGES REDPATH ...................... ............................... 3 CONSIDER CONDITIONAL USE PERMIT/USED VEHICLE SALE /3149 —162 LANE NW (CONTINUED) Motion to table ..................................................................... ............................... 3 CONSIDER BUSINESS LICENSE/USED VEHICLE SALES /3149 —162 LANE NW (CONTINUED) Motion to table ...................................................................... ............................... 7 CONSIDER CITY CODE AMENDMENT /CHANGES TO CITY CODE TITLE 4 /ABATEMENT PROCESS (CONTINUED) (Ordinance 383) ..................... ............................... 7 ADMINISTRATORREPORT ...................................................................... ............................... 10 MAYOR/COUNCIL INPUT ......................................................................... ............................... 10 Met Council Letter Regarding Household Counts .................................... ............................... 11 Andover Athletic Association Anniversary .............................................. ............................... 11 FarmField Dust ........................................................................................ ............................... 11 Thanks to Andover Fire Department ........................................................ ............................... 11 ADJOURNMENT.......................................................................................... ............................... 11