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HomeMy WebLinkAboutCC - May 18, 2010 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, May 18, 2010 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/4/10 Regular) Consent Items 2. . Approve Payment of Claims - Finance 3. Order Improvement!Order Plans & Specs/09-37/138th Avenue NW & Xavis Street NW/Water Main Extension - Engineering 4. Order Improvement!Order Plans & Specs/l 0-12/Public Works Salt Storage Facility - Engineering 5. Declare Surplus Equipment!Inventory - Administration 6. Approve License Agreement /Hidden Creek North/Clearwire Wireless - Administration 0 7. Approve Debt Policy Updates - Finance 8. Approve Refuse/Recycler Hauler Licenses - Administration 9. Assistance to Firefighters Grant Application - Fire Discussion Items 10. Anoka County Sheriffs Department Monthly Report-Sheriff 11. Consider City Code Amendment!Exterior Storage of Commercial Vehicles & Other Storage Items - Planning (Continued) Staff Items 12. Schedule June EDA Meeting- Administration 13. Schedule June Workshop -Administration 14. Administrator's Report - Administration Mayor/Council Input Closed Session - Open Space Land Purchase Negotiations - White Pine Wilderness Adjournment 0 0 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-MAY 18,2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 18, 2010, 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 City Planner, Courtney Bednarz Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Jeffrey Johnson, 16729 Crocus Street, stated he was at the meeting because he has received multiple letters from the City stating a complaint they received regarding the operation of dirt bikes, motorcycles and A TV's on his property. It was noted the use is not a violation because the property is located in R-l zoning. He stated one ofthe letters indicated the letter previously sent was in error and the City was requiring him to immediately discontinue the use of such vehicles on his property. He stated he has talked to the Planning Department and they determined his property was close enough to 2.5 acres to satisfy the requirement but then my review of the City Attorney and City Administrator it had been determined that the property was technically less than 2.5 acres in size and the operation of highway motor vehicles deemed to be prohibitive. Mr. Johnson stated he went to his neighbors and got a signed petition and he was requesting an allowance or an ordinance change. Councilmember Jacobson suggested they have item lIon the agenda where they have the City Code amendments and in there it talks about 2.5 acres lots and he thought there will need to be a revision to that verbiage that ifthey change that it will affect this resident and he suggested they move this to 0 that item and handle it there.. Councilmember Trude asked if this would be the case because she thought this was talking about the use of the property and item 11 talks about what can be parked in the driveway. She did not think these were the same. City Administrator Dickinson stated the code revision they are talking about in item 11 has to do rl 0 Regular Andover City Council Meeting Minutes-May 18,2010 Page 2 with parking. Mr. Johnson is talking about a different kind of use and if the Council wanted to address this they would suggest Council do this as a part of the broader zoning code. They can talk about the concept of the intent of a 2.5 acre lot but should not be included in item 11. Councilmember Jacobson stated Mr. Johnson's concern is that he does not technically have 2.5 acres, he is just shy of that and if they change the definition slightly that should take care of his concern. City Attorney Baumgartner stated it depends on the definition because definitions for each particular section of the ordinance can deal with different things. He thought in order to encompass what they are talking about on the agenda and what Mr. Johnson is talking about is much broader than what is before the Council and that would not be dealt with in item 11 because they are talking about a use. Mr. Dickinson stated if they deal with this issue under item 11 and at the end of that discussion if staff is directed to carry that same theme throughout the rest of the code that would be the directive he would be looking for. Councilmember Jacobson stated that was what he was intending to do. Mayor Gamache apologized for the mix up with the letters Mr. Johnson received. Mr. Johnson 0 indicated he believed the property to be 2.5 acres when he purchased the property IS years ago. Mayor Gamache indicated the property size was probably decreased due to the curvature of the road and other properties are the same way. Mr. Johnson agreed. Mr. Dickinson reviewed a map ofthe area with the Council. Councilmember Trude stated they would not make a big policy change because someone showed up at a meeting and the Council voted on it, which is what concerned here. Mr. Dickinson suggested they can use the information they have for the other code areas and they would advertise that and put it through the process with a public hearing. Mayor Gamache stated with the information Mr. Johnson has provided it appears the Council needed to have some discussion as to what type of a fix they can make. He stated after talking with the City Engineer these types of small mistakes that happen with the plats will not happen anymore. Mr. Dickinson asked ifMr. Johnson wanted to enter the petition into public record. Mr. Johnson indicated he would. Councilmember Knight asked if there was a provision or isn't there some way that an inadvertent mistake was made with the size ofthe lot. City Attorney Baumgartner stated there is language they can use to correct this but he want sure if it would be an inadvelient mistake. 0 Councilmember Trude noted there have been other instances in the City where they have upheld the City Code regarding minimum requirements for acreage and have upheld the code in those instances. Mrs. Shannen Schrnig, 2731 16ih Lane, stated she is Mr. Johnson's neighbor to the north and she was the one who made the complaint and she did this for her son who has special needs. She 0 Regular Andover City Council Meeting Minutes - May 18, 2010 Page 3 indicated her son was afi'aid of the noise even though he can see the source. She explained she had photos showing Mr. Johnson had more than One A TV and documentation proving her son is autistic. She stated this type of issue has been dealt with before in the City and she was prepared to follow this to the end and make sure the noise stops because Mr. Johnson does not have 2.5 acres. She noted there is set precedence and if the Council is going to be changed for one, it needs to be changed for all. Photos ofthe trail were shown by Mrs. Schmieg. Mr. Ken Madden, 16476 Bittersweet Court, stated he used to live across the street from Mr. Johnson and the entire neighborhood has tracks to rideATV's on so Mr. Johnson is not the only one. As far as he could see Mr. Johnson does not have a race track on his property. This is a neighborhood that almost everyone has an A TV that they ride around on so Mr. Johnson is not the only one. AGENDA APPRO V AL 0 Add PID number 29-32-24-44-0022 to the Closed Session'. Councilmember Trude would like to move Item 6 to discussion items for a couple questions. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 4,2010, Regular Meeting: Correct as amended. Councilmember Trude stated on page 3, line 10, needs a word "Councilmember Trude asked that a traffic control change sign be used". On page 4 she needed to correct the comments she made at the beginning ofline 13: "Councilmember Trude commented on the topic of2.5 acre minimum, she thought they should not just list Rl, R2, R3 areas because some areas in the northwest portion of the City have less than one acre and she did not want to see forty-five foot RV's in those backyards." Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. 0 CONSENT ITEMS Item 2 Approval of Claims Item 3 Order Improvement/Order Plans & Spec/09-37/138th Avenue NW & Xavis Street NW/Water Main Extension (See Resolution R042-10) Ii 0 Regular Andover City Council Meeting Minutes - May 18, 2010 Page 4 Item 4 Order lmprovement/Order Plans & Spec/l0-12/Public Works Salt Storage Facility (See Resolution R043-l 0) Item 5 Declare Surplus Equipment!lnventory Item 7 Approve Debt Policy Updates Item 8 Approve Refuse/Recycler Hauler Licenses Item 9 Assistance to Firefighters Grant Application Motion by J aco bson, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Wells from the Anoka County Sheriffs Department updated the Council on law enforcement activities in the City. CONSIDER CITY CODE AMENDMENT/EXTERIOR STORAGE OF COMMERCIAL 0 VEHICLES & OTHER STORAGE ITEMS City Planner Bednarz explained the City Council continued to discuss exterior storage of commercial vehicles, recreational vehicles and other items at the May 4th City Council meeting. The Council has provided feedback regarding ten different types of commercial vehicles. The direction given was to bring forward a final draft amendment to the City Code for review at the meeting. Mr. Bednarz reviewed the infOlmation with the Council. Mr. Bednarz stated on page 3, they are proposing to add "Landscaping to Building Materials" and giving a limitation of 6 months for building or landscaping materials to be on residential property before a project should be completed. Councilmember Trude wondered if this will be confusing. Councilmember Bukkila stated she was concerned about what would fall into this category. Mr. Bednarz stated they have seen landscaping block or a pile of rocks on property that has not been used. Councilmember Bukkila indicated she did not like this. Mayor Gamache thought if someone had landscaping material that was going to be used for something a six month period seemed to be a long enough time to get the project completed. COUIicilmember Trude thought the definition needed to be changed because it is too broad. 0 Mr. Dickinson reviewed some examples with the Council. City Attorney Baumgartner stated he understood Councilmember Trude's concerns and thought they could change the definition to: "building or landscaping materials to be incorporated into a proj ect on the premises of a property with an active building permit". 0 Regular Andover City Council Meeting Minutes - May 18, 2010 Page 5 Councilmember Jacobson stated if someone is doing a landscaping project the resident does not necessarily need to get a building permit. He suggested they review the rest of this item and come back to this one. Councilmember Trude stated this is a wordsmith item and the first sentence before the comma should have to do with building materials and then the second part would have to do with the landscaping materials to be incorporated into a project on the premises of the property with an active remodeling or beautification project. The building pelmit applies when they to a remodel project. Mr. Bednarz continued to review the changes to the code amendment with the Council. Councilmember Jacobson stated under item B, it states "All districts, except residential districts may require a conditional use permit if something is hazardous to the health, safety, general welfare..." he realized this was in there now and not something new but he thought on Ward Lake Drive someone wanted to refill cartridges and use gun powder and the Council said no and he wondered if in an R-4 someone wanted to something in their basement that could be harmful, the way it says, the City cannot do anything about it because it says "all districts except residential districts". He wondered if 0 they wanted to take out "except" from the statement they could still have some control and protection. Mayor Gamache thought item B only regarded exterior storage so he did not know if it would apply to someone doing something in their basement. Mr. Bednarz noted this item only applies to exterior storage and allows under number 1 under the general health, safety, welfare, they could require a commercial or industrial business to apply for a CUP and put reasonable conditions on them to do exterior storage with residential districts excluded there is a separate section that provides what they can do for exterior storage. Mr. Bednarz stated he would like the Council to consider item 2 that states "Any exterior storage that is not enumerated in 12-13-3 (1-4), striking number 2 because 12-3-13-3 (1-4) is residential districts. The Council was in agreement with this. Permitted use of residential parking area Mr. Bednarz reviewed this section with the Council. Councilmember Bukkila thought this was condensed down to just the driveway and if something could go in the garage they did not want to necessarily regulate this. Mr. Bednarz stated it is written to allow one in each, the driveway and the garage. 0 Mayor Gamache thought if someone had two business vehicles in the garage it could be a problem. Mr. Bednarz stated that was COlTect and would be a problem the way it is written. Council member Jacobson thought they discussed this before and agreed that as long as a vehicle was in the garage it would not be a problem and one would be allowed in the driveway. Mr. Bednarz 0 Regular Andover City Council Meeting Minutes -May 18,2010 Page 6 stated ifthis was the case they could eliminate the words "and private garages". Councilmember Trude stated that was a big code from five years ago because they did not want people to take over the garage for a business use. She preferred to leave item C alone. Rear Yards Mr. Bednarz stated this item was brought back from the previously stricken section and towards the bottom is the discussion on recreational vehicles 45 feet in length in rear yards in the following locations. Councilmember J aco bson stated there are a number oflots on the map listed as 2.5 acres but they are actually smaller by a smidge of2.5 acres and ifthey adopt this the way it is all of the residents with the blue lots could not take advantage of this rear yard and some of the other provisions in this ordinance. Mr. Bednarz stated they could add some language stating "For those rural lots originally intended to be 2.5 acres, but upon development, resulted in less than 2.5 acres, but at least 2.25 acres, are for the 0 purpose of this ordinance considered to satisfy the 2.5 acre requirement". Mr. Dickinson state this is based on a theory and concept that was used on using the 90 percent rule for lot splits and is intended to be a suggestion. Councilmember Trude stated she was a little worried about this because there are some areas that this would apply to. Mr. Dickinson stated it would apply to about 90 percent of the blue lots with the exception of the far western part of town by the river. Councilmember Jacobson stated they are going to have problems with people wanting to put trailers on what they thought was 2.5 acres and in . reality it is less and if they have complaints will need to remove them because they would be in violation of the ordinance. The Council discussed the minimum allowed for lot size. Mr. Bednarz stated according to Councilmember Trude, 2.375 acres would apply also if a resident owned two parcels that are adjacent to one another and they total that amount. Councilmember Trude stated she did not mean that and meant they needed to keep part two in but did not recall that part two applies anywhere in the City, not just rural areas. Mr. Dickinson noted the interpretation on this was for this to be city wide but in rural areas that were developed as rural subdivisions, they would use the 2.375 to 2.5 as the intent and this section on page 7 is what they would apply to the rest of the community. 0 Items E & A Mr. Bednarz reviewed these items with the Council. Home Occupation Section 0 Regular Andover City Council Meeting Minutes-May 18,2010 Page 7 Mr. Bednarz reviewed this section with the Council. Title Six - Motor Vehicles Mr. Bednarz reviewed the changes to this section with the Council. Councilmember Jacobson stated at the last meeting he thought they were talking about no variance was shown in the ordinance he thought it was going to be put in here and wondered what happened to it. City Attorney Baumgartner stated they were talking about the variance language and what they opted to do was change the section regarding 2.5 acres. He thought if they started getting into a variance, it is discretionary on the Council and puts them in a tough situation because a lot of times the decision is going to be subjective. Landscaping City Attorney Baumgartner suggested the following wording "Building materials currently being 0 used on the premises of the property with an active building permit or landscaping materials to be incorporated into a project on the premise of a property with an active remodeling/beautification project, not to exceed six months within the calendar year." Motion by Jacobson, Seconded by Knight, to move the adoption of the ordinance with the changes discussed. City Attorney Baumgartner suggested under 12.13.8.C3, talking about the driveways and private garages, he would propose and suggest combining A & B because they want to get rid of the private garage. The section would read "Driveways in a residential district shall be utilized solely for the parking oflicensed and operable motor and passenger vehicles, trailers and recreational vehicles, and may not contain more than one vehicle registered as a commercial vehicle..." and incorporating B into this and renumber, which would allow item E to be correct. Councilmember Jacobson indicated he would accept this as an addition. Motion carried unanimously. Councilrnember J aco bson asked to direct the City Attorney and staff to review other ordinances that reference 2.5 acres to see ifthey should be modified to this criterion and conflicting to be brought to a workshop meeting for discussion. Councilmember Trude asked that this then be sent through the system for public hearing and processing. .0 Motion by Jacobson, Seconded by Bukkila, to approve the summary ordinance for publication. Motion carried unanimously. (Ordinance 392) 0 Regular Andover City Council Meeting Minutes - May 18, 2010 Page 8 APPROVE LICENSE AGREEMENT/HIDDEN CREEK NORTH/CLEAR WIRE WIRELESS Mr. Dickinson explained City Administration has negotiated a license agreement with Clear Wireless, LLC for space in Hidden Creek North Park for the purpose of constructing, operating and maintaining a monopole telecommunication tower within the land. If the license agreement is approved the funds the City receives will be used to suppOli future improvements at the park. Councilrnember Trude stated she Was concerned with the safety ofthe kids playing in the area and the location and she wondered ifthe pole could be moved. She requested staff to go back to Clear Wireless and ask them to move the fence. Mr. Dickinson stated he would request Clear Wireless to add fencing and he will work with Mr. Haas to come up with an angle and bring this to them. Councilmember Trude thought it would be nice for Clear Wireless to add evergreen around the fence line instead of the landscaping being proposed. 0 Council discussed with staff possible landscaping alternatives. Motion by Trude, Seconded by Jacobson, to approve the agreement contingent upon their acceptance of the new conditions. Mayor Gamache asked on diagram C-l, it has a dotted line around the item that goes into the ball field and he wondered what that was for. Mr. Bednarz stated that was noting the detail that shows up on the following page. Mayor Gamache asked how many actual feet they were from the fence. Mr. Bednarz showed the plans to the Council and noted it would be approximately fourteen feet. Councilmember Trude asked ifthete was a reason why they could not place the pole on the hill or could they possibly place it closer to the street. Mr. Bednarz stated there are underground utilities and the berm and because of the height they are trying not to move it closer to the road. Motion carried 4 ayes, 1 nay (Gamache). (See Resolution R044-10) SCHEDULE EDA MEETING The Council is requested to schedule an Economic Development Authority (EDA) meeting at 0 6:00 p.m. before the June 15,2010 City Council meeting. 0 Regular Andover City Council Meeting Minutes-May 18,2010 Page 9 Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for June 15,2010 at 6:00 p.m. Motion carried unanim.ously. SCHEDULE JUNE WORKSHOP The Council asked to have this item brought back to the next City Council meeting. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and City Department Activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT (State Budget Effects) - Councilmember Trude stated they have been reading in the paper that the 0 State did adjourn with a balanced budget and she wondered if staff knew what that meant for their City. Mr. Dickinson stated Market Value Homestead Credit will be cut by about $528,000. (Community Center Meeting) - Councilmember Knight stated at their meeting they were informed by the new director at the YMCA that their YMCA is second in membership in the metro and very soon will be first. Councilmember Trude wondered if there was any discussion regarding expansion. (Public Works Appreciation Week) - Mayor Gamache indicated this week was Public Works Appreciation Week and he went to the Public Works staff and spoke to them letting them know how much they are appreciated by the City. The City Council recessed at 8:33 p.m. to go into a closed session to discuss Open Space Land Purchase Negotiations - White Pines Wilderness & Land Negotiation and PID number 29-32-24-44- 0022. The City Council reconvened at 9:13 p.m. to adjourn. Motion by Trude, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:14 p.m. 0 Respectfully submitted, Susan Osbeck, Recording Secretrn:y 0 Regular Andover City Council Meeting Minutes-May 18,2010 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MA Y 18, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 3 APPROVAL OF MINUTES...........................................................................................................3 CONSENT ITEMS .........................................................................................................................3 Approval of Claims..................................................................................................................... 3 Order Improvement/Order Plans & Specs/09-37/138th Avenue NW & Xavis Street NW/Water Main Extension (See Resolution R042-10).......................................................................... 3 Order Improvement/Order Plans & Specs/l0-12/Public Works Salt Storage Facility (See Resolution R043-1 0) .. ........... ............................... ...... ........... ................. .............................. 4 Declare Surplus Equipment/InventOlY .............................. ........... ................. .............................. 4 Approve Debt Policy Updates..................................................................................................... 4 Approve Refuse/Recycler Hauler Licenses................................................................................. 4 0 Assistance to Firefighters Grant Application.............................................................................. 4 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ...................................4 .CONSIDER CITY CODE AMENDMENT/EXTERIOR STORAGE OF COMMERClAL VEHICLES & OTHER STORAGE ITEMS (Ordinance 392) .......................................................4 APPROVE LICENSE AGREEMENT/HIDDEN CREEK NORTHlCLEARWIRE WIRELESS (See Resolution R044-1 0) ................... .......................... ................... ............................................... 8 SCHEDULE EDA MEETING........................................................................................................ 8 SCHEDULE JUNE WORKSHOP .................................................................................................9 ADMINISTRATOR REPORT ....................................................................................................... 9 MAYOR/COUNCIL INPUT ..........................................................................................................9 ADJOURNMENT..........................,................................................................................................9 0