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HomeMy WebLinkAboutCC - October 20, 2009 C I T Y O F ND OVE 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, October 20, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation November Homelessness Month Resident Forum Agenda Approval 1. Approval of Minutes (10/6/09 Regular; 10/6/09 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Amended Assessment Roll /08 -36 /Cardinal Ridge 2nd Addition (07 -42, Putnam Property) — Engineering 4. Accept Contribution/O'Reilly Auto Parts /Andover Fire Department — Finance 5. Approve Health Insurance Renewal and Employer Contribution - Administration Discussion Items 6. Anoka County Sheriff s Department Monthly Report — Sheriff 7. Public Hearing/2010 -2014 Capital Improvement Plan - Administration 8. Consider Conditional Use Permit/Telecommunications Antenna/Prairie Knoll Park, (Cont.) - Planning 9. Consider Code Amendment/Add Animal Therapy Facility as Conditional Use, (Cont.) — Planning 10. Consider Encroachment Agreement for Accessory Structures / 2114 — 142 Lane NW - Planning 11. Consider Submission of Application for Second Round of CDBG Funds - Planning Staff Items 12. Schedule EDA Meeting — Administration 13. Schedule November Workshop - Administration 14. Administrators Report - Administration Mayor /Council Input Closed Session - Land Purchase Negotiations - PIDs 07- 32 -24 -12 -0001 & 29- 32 -24 -44 -0022 - Public Works Union Negotiations Update Adjournment A NDO VER TY 0r< Aft 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING — OCTOBER 20, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 20, 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 Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others © PLEDGE OFALLEGIANCE PR OCLAMA TION NO VEMBER HOMELESSNESS MONTH Mayor Gamache read the proclamation declaring November Homelessness Month. RESIDENT FORUM No on wished to address the Council. Mayor Gamache recognized a Boy Scout in the audience from Troop 524. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES October 6, 2009, Regular Meeting: Correct as amended. © Regular Andover City Council Meeting Minutes — October 20, 2009 Page 2 Councilmember Trude stated on page 3, line 18, a comma should be placed after the word "sell ". Another change to be made is on page 10, line 33, the sentence should read "severely handicapped kids who visit his farm." Councilmember Jacobson stated on page 4, line 42, "witheat"should be removed and replaced with " with no activities..." On page 6, after consultation with Councilmember Knight they both suggest that lines 36 and 37 be scratched in their entirety. Councilmember Bukkila stated on page 9, line 8, the sentence should read "...putting it somewhere ". Motion by Knight, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. October 6, 2009, Closed Session Meeting: Correct as amended. Trude stated there is a name misspelled on line 22. Motion by Trude, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Amended Assessment Roll/08 -36 /Cardinal Ridge 2 °d Addition (07 -42, Putnam Property) (See Resolution R077 -09) Item 4 Accept Contribution/O'Reilly Auto Parts /Andover Fire Department (See Resolution R078 -09) Item 5 Approve Health Insurance Renewal and Employer Contribution Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF'S DEPARTMENT MONTHLYREPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. © Councilmember Jacobson stated in school speed zones along Bunker Lake Boulevard and Crooked Lake Boulevard there is a tendency for people to go faster than they should and he asked for extra patrol to be placed there but has not seen it and wondered if it has been done. Captain Wells stated there are several school zones they are trying to do extra patrols on and he would get the numbers to © Regular Andover City Council Meeting Minutes — October 20, 2009 Page 3 the Council next month. PUBLIC HEARING 12010 -2014 CAPITAL IMPROVEMENT PLAN Mr. Dickinson explained the City Council is requested to hold a public hearing to give the public the opportunity to comment on the proposed 2010 -2014 Capital Improvement Plan (CIP). Mr. Dickinson reviewed the staff report with the Council. Motion by Knight, seconded by Trude, to open the public hearing at 7:16 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:17 P.m. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, to approve the attached resolution adopting the 2010 -2014 © CIP. Councilmember Trude stated it would be helpful for the public to know this has been one of the leanest years in Capital Expenditures in probably a decade and that is related to the unallotment cities have had to face. Motion carried unanimously. (See Resolution R079 -09) CONSIDER CODEAMENDMENT /ADD ANIMAL THERAPYFACILITYASCONDITIONAL USE (CONT) Mr. Neumeister stated at the September 15, 2009 and October 6, 2009 Council meetings there was discussion on this issue and staff has made adjustments to the proposed code amendment to follow the direction given by the Council those evenings. Mr. Neumeister reviewed the changes with the Council. Councilmember Jacobson stated he still had some very severe questions about this even with the changes that were made. He stated it still does not address the number of animals allowed, the kinds of animals, the housing and care of the animals, the odor or the noise and they do not © address traffic going in and out. He did not understand why they are doing this and thought it was premature. Mr. Neumeister stated if this is made a conditional use as it states in the proposed ordinance that would all be taken care of as a part of their CUP review. Councilmember Jacobson stated they © Regular Andover City Council Meeting Minutes — October 20, 2009 Page 4 do not have any criteria. Councilmember Trude wondered if another paragraph should be added to the code stating if an animal therapy facility proposed things that should be regulated include the list because they did that with the farm winery code. She stated the logical things come up at the CUP review. Councilmember Jacobson stated there are no criteria here. City Attorney Baumgartner stated part of the problem with this situation is the uniqueness and that they have not addressed anything like this before and if they start setting forth criteria odds are something will be forgotten or missed. He indicated he is usually hesitant in trying to make a laundry list of things they need to address fearing they will omit something. Under the CUP review that affords them the opportunity to review it and it may be on a case by case basis depending on the location and number of acres. Councilmember Trude thought they already regulated quantity of animals per acre and existing farms are grandfathered in and the therapy is fairly clear. Councilmember Jacobson thought they are opening a Pandora's Box with this. Mayor Gamache © assumed since this is written in a fashion that would go above and beyond what a person would have a petting zoo for, they would have to have this specific idea in mind for animal assisted therapy if they came in to try to get this type of CUP. Mr. Neumeister stated they would have to prove that they are an animal type of therapy business rather than a petting zoo. Councilmember Trude asked if Ms. Fischel is limiting this to herself because she has some type of license or looking to deliver services only a licensed type of person could deliver. Ms. Lauren Fischel, 4618 165 6 ' Avenue, stated she is a special education teacher currently and is working with a psychologist on this program. She stated the children could be viewed as patients because she is a licensed care provider for special ed. children. Councilmember Trude thought the applicant could fit the requirements that were written. Ms. Fischel stated she has bought about five additional animals that would be certified for therapy. Councilmember Trude asked how big the operation is, were they writing too narrow of a code so she would not be able to do this as a business, has she worked with the children and will this be ongoing therapy. Ms. Fischel stated this would be up to the school directors but generally it is an ongoing program. She stated this is therapeutic and would be written into the individuals © learning plan. Councilmember Jacobson asked if the conditional use would go with the property or would it expire if the applicant sold the property. Mr. Neumeister stated it would go with the property. Councilmember Jacobson thought they should put a sunset clause on this in case of sale. Mr. © Regular Andover City Council Meeting Minutes — October 20, 2009 Page 5 Neumeister stated the next operator would have to stay within the terms and conditions of the previous approval. Mayor Gamache asked what types of animals are used for these types of treatments. Ms. Fischel stated programs currently in use are Llamas, sheep and goats (dwarf goats) primarily, and smaller animals. Mayor Gamache asked how many students would normally come out at one time for therapy. Ms. Fischel stated the classes are generally small, five to eight students with two para- professionals and a teacher assisting them. Ms. Fischel explained the therapeutic process the students go through and what differentiates it from a petting zoo. Councilmember Trude thought she understood this and this would be a real benefit to the Andover residents. She thought this was a good business plan and the issues that would come up could be addressed at the license level. She stated she planned to support this. Motion by Trude, Seconded by Bukkila, to approve the amendment to the City Code as presented. Motion carried 4 ayes, 1 nay (Jacobson). (See Ordinance 388) CONSIDER CONDITIONAL USE PERMIT ITELECOMMUNICATIONSANTENNA /PRAIRIE KNOLL PARK (CONT.) Mr. Dickinson explained T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Prairie Knoll Park. City Code 9 -12 provides the specific requirements for antennas and towers. Councilmember Trude stated as she looked at the list of conditions as they changed the location some of the concerns may be a little different. Item 3 is asking to restore any disturbed dirt and sod as necessary and she thought it could be in either place that if trees are to be removed they would need to be replaced. Mr. Dickinson stated the City Engineer met with the T- Mobile consultant on site and in the area north of the most easterly ball field along Prairie Road but south of the pipeline easement there is not a lot of options in that area. Councilmember Trude stated she would like plantings replaced as necessary in that area. She is not looking for replacement of sod or irrigation because there are none at the new site. © Mr. Berkowitz reviewed the site location with the Council. Motion by Jacobson, Seconded by Knight, to approve the Conditional Use Permit with the following changes: Refer to the submitted aerial photo sheet in the packet as exhibit A. Also, under the Now © Regular Andover City Council Meeting Minutes — October 20, 2009 Page 6 Therefore It Be Resolved to include the following: "The City Council, City of Andover, receive the recommendation of the Planning Commission approving the Conditional Use Permit for a one hundred foot monopole telecommunication cell phone antenna..." Also under the Now Therefore It Be Resolved number one: "Location on the east side of Prairie Knoll Park as noted on the attached Exhibit A." In item three: "The applicant will be required to replace any disturbed earth or plantings as necessary" In item seven under easements "Exterior material of the equipment building shall be made of brick..." "...shingles on the structure should shall also match." Add item eleven: "The collocation prevision of the ordinance is waived." Councilmember Trude asked if they wanted to limit the size of the building. Councilmember Trude stated that will come back with the plat plan. Mr. Dickinson stated they are going to try to keep the building as small as possible. Councilmember Trude stated after their last meeting all the neighbors went into the hall and met with Mr. Dickinson and she wondered if the general comments indicated they are more pleased with the relocation of the pole since she did not see anyone in the audience. Mr. Dickinson thought the neighborhood indicated it is not exactly what they wanted but better than what was initially proposed. ® Mr. Paul Harrington stated the building that was originally proposed was a prefab structure and after discussion with the neighborhood he proposed a more decorative exterior with brick walls and will be larger at 15x20 feet. Councilmember Trude stated she did not know if they wanted it to be larger. Councilmember Jacobson thought it looked nicer and would not make that big of a difference for size. Councilmember Knight preferred the building to be moved as far east of the square as they can get so it is as far away from the nearest home as possible. Mayor Gamache explained his reason for not being in favor of this item. He felt the cell towers should not be placed in public parks. Motion carried 4 ayes, 1 nay ( Gamache). (See Resolution R080 -09) CONSIDER ENCROACHMENT AGREEMENT FOR ACCESSORY STRUCTURES /2114 — 142" LANE NW Mr. Neumeister explained John & Kris Kamowski, 2114 142 "d Lane NW, have requested an encroachment agreement for two sheds (accessory structures). The Karnowski's are asking to allow these sheds to remain where they are located and to "hold harmless" with an encroachment agreement. Motion by Knight, Seconded by Bukkila, to approve the attached Hold Harmless and Encroachment Agreement to allow the sheds to remain in the easements until the easements are Regular Andover City Council Meeting Minutes — October 20, 2009 Page 7 needed. Mayor Gamache asked if the chain link fence is theirs. Mr. Karnowski indicted it is. Mayor Gamache asked if the two sheds are Rubbermaid material. Mr. Karnowski stated they are. Mayor Gamache asked if these are considered temporary structures. Mr. Karnowski stated that is correct. Mayor Gamache thought if a structure was not permanent they could be in an easement. Mr. Neumeister stated the ordinance indicates utility easements must be clear of all accessory structures, which these are considered. Councilmember Trude stated when they adopted this they were looking at all the accessory structures and garages and went from ten feet to five feet setbacks on the side and she would be concerned if they started allowing people to place accessory structures along the fence without room and there should be a variance to do this. She thought the sheds should be removed. City Attorney Baumgartner explained in reading this he had some concerns with the agreement itself. He thought the structure needs to be readily removable, the agreement should reference it ® only applies to this structure currently in the easement described in the agreement itself. There should be a requirement that an encroachment agreement would be allowed subject to the fact that it does not infringe on a neighbors rights to use their property. He would have a provision in there that the City retains the right to unilaterally require removal upon ninety days written notice to the owner and upon any termination of the agreement the structures identified within the encroachment agreement must be removed at the owners expense and this agreement would terminate on the owners transfer of interest in the property. City Attorney Baumgartner did not think this would constitute a variance and opening up a can of worms to allow others an out for something that does not normally qualify for a variance. He stated they do not want to set precedent for this. Councilmember Trude discussed her concerns with allowing this because of the drainage issues that could incur if they allow this. Councilmember Bukkila indicated if they had to move the sheds to a place outside of the easement they would need to remove mature trees, which may be a hardship in itself. Councilmember Knight wondered if they are going to start regulating where every portable accessory structure is going to go in a yard. The Council discussed if they should change the ordinance, allow a variance or have the resident © remove the structures. Councilmember Knight withdrew his motion to refer this back to staff to come up with wording to fit the circumstance because what they have does not fit this. Regular Andover City Council Meeting Minutes — October 20, 2009 Page 8 Mr. Dickinson explained what the Council would need to do in order to change the City Code to allow these closer than five feet from the property line. Motion by Jacobson, Seconded by Knight, to table this item and bring to a workshop meeting for further discussion and that staff does not take action to have the residents remove the accessory structures until a decision is made. Motion carried unanimously. Councilmember Trude thought they should look at a grandfather clause for those structures that have been in place for awhile. CONSIDER SUBMISSION OFAPPLICATION FOR SECOND ROUND OF CDBG FUNDS Mr. Neumeister stated Anoka County is offering a second round of CDBG funding for 2009. The City has an opportunity to submit an application for funding by October 30, 2009. Councilmember Jacobson asked if they are suggesting City staff administer this program. Mt. Neumeister stated he is. Mr. Dickinson stated the primary lead is a lending institution who contacts the staff. If it meets the criteria of the lending institution they can provide the funds similar to what ACCAP does. He noted the bank is still doing the review and they work with the bank. This is not as labor intensive as the Council thinks it may be. He stated they would follow the same guidelines as ACCAP. Councilmember Jacobson asked why they would not give this to ACCAP to do. Mr. Dickinson stated if it has the City of Andover on it sometimes it has a little bit more marketability rather than working through a social service agency. This would also be kept in Andover to help spur more opportunities in this community for people to buy the starter product such as a townhome. Motion by Knight, Seconded by Trude, to approve the attached resolution. Motion carried unanimously. (See Resolution R081 -09) SCHEDULE EDA MEETING The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the November 4, 2009 City Council meeting. Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for November 4, 2009 at 6:00 p.m. Motion carried unanimously. ® SCHEDULE NOVEMEBER WORIfSHOP The Council is requested to schedule a workshop for November 24, 2009. Regular Andover City Council Meeting Minutes — October 20, 2009 Page Motion by Jacobson, Seconded by Trude, to schedule a workshop meeting for November 24, 2009. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. Director of Public Works /City Engineer Berkowitz updated the Council on Public Works projects in the City. Community Development Director Neumeister updated the Council on development projects in the City. MAYORICOUNCIL INPUT ® (Safety First) — Mayor Gamache reminded everyone to drive slower and pay more attention as it is getting darker earlier and to also be careful on Halloween night. The Council recessed at 8:49 p.m. to go to a closed session to discuss land negotiations and Public Works Union negotiations. The Council returned from the recess at 9:37 p.m. Motion by Trude, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:38 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — October 20, 2009 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 20, 2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION NOVEMBER HOMELESSNESS MONTH ................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ..................................................................................... ............................... 2 Approve Amended Assessment Roll/08 -36 /Cardinal Ridge 2 nd Addition (07 -42, Putnam Property) (See Resolution R077 -09) ........................................................ ............................... 2 Accept Contribution/O'Reilly Auto Parts /Andover Fire Department (See Resolution R078- 09) ....................................................................................................... ............................... 2 Approve Health Insurance Renewal and Employer Contribution ............... ............................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2 PUBLIC HEARING /2010 -2014 CAPITAL IMPROVEMENT PLAN (See Resolution R079 -09)3 © CONSIDER CODE AMENDMENT /ADD ANIMAL THERAPY FACILITY AS CONDITIONAL USE (CONT) (See Ordinance 388) ................................ ............................... 3 CONSIDER CONDITIONAL USE PERMIT /TELECOMMUNICATIONS ANTENNA/PRAIRIE KNOLL PARK (CONT.) (See Resolution R080- 09) ........................... 5 CONSIDER ENCROACHMENT AGREEMENT FOR ACCESSORY STRUCTURES /2114 — 142 LANE NW Motion to Table ............................................................ ............................... 6 CONSIDER SUBMISSION OF APPLICATION FOR SECOND ROUND OF CDBG FUNDS - (See Resolution R081 -09) ........................................................................... ............................... 8 SCHEDULE EDA MEETING ......................................................................... ............................... 8 SCHEDULE NOVEMEBER WORKSHOP ................................................... ............................... 8 ADMINISTRATOR REPORT ........................................................................ ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 SafetyFirst ................................................................................................... ............................... 9 ADJOURNMENT............................................................................................ ............................... 9