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HomeMy WebLinkAboutCC - May 4, 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 4, 2010 Call to Order -7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (4/20/10 Regular; 4/20/10 Closed; 4/22/10 Board of Review; 4/27/10 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Award Quote/l0-3/2010 Crack Sealing - Engineering 4. Approve Joint Powers Agreement!09-34/Traffic Signal/Hanson Blvd. NW & 133rd Ave. NW - Engineering 5. Approve Resolution Accepting Donation/Hidden Creek East Park - Engineering 6. Approve Removal of 3 Way Stop Sign/South Coon Creek Drive NW & Jonquil Street NW - Engineering 7. Approve Removal of3 Way Stop Sign/169th Lane NW & Quay Street NW - Engineering 0 8. Approve Therapeutic Massage Therapist License - Administration 9. Approve Therapeutic Massage Establishment License - Administration 10. Approve Therapeutic Massage Therapist License - Administration 11. Approve 2010 Massage Therapy License/Inner Sanctum Salon & Spa - Administration 12. Approve Resolution Adopting an Amended Assessment Repayment Schedule for the Improvement of SanitalY Sewer, Water main, StOlm Sewer alId Streets for Projects 98-29, Grey Oaks (Phase I) & 00-16, Grey Oaks (Phase II) - Administration Discussion Items 13. Consider City Code Amendment!Exterior Storage of Commercial Vehicles & Other Storage Items - Planning (Continued) 14. Discuss/Approve 2011-2013 Urban County Requalification for participation in CDBG and HOME Programs - Administration Staff Items 15. Administrator's Report - Administration Mayor/Council Input Closed session - Land Purchase Negotiations - PIN# 29-32-24-44-0022 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 4,2010 MINUTES The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike Gamache, May 4, 2010, 7:03 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 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add Item 14a (Consider Approval of Resolution Authorizing Transfer of Ownership of Parcel 11 of The City of Andover Highway Right-of-Way Plat No. 3), and Item 14b (Consider Approval/Extension Of Liquor License/Tanners Station) and remove the Closed Session from the Agenda. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES 0 April 20, 2010, Regular Meeting: Correct as amended. Councilmember Trude stated instead of referring to the consent items it refers to them as a consent calendar. 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 2 Motion by Trude, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. April 20, 2010, Closed Session Meeting: Correct as amended. Councilmember Jacobson stated on line 27, the word "still" needed to be inserted after was to indicate they were still negotiating. Motion by Jacobson, Seconded by Bukkila, to approve the minutes as indicated above. Motion cmTied 4 ayes, 1 present (Gamache). April22, 2010, Board of Review: Correct as amended. Councilmember Jacobson stated on page 3, line 17, it reads "values of his property and forward to the County" and insert after "County" the words "without recommendation" and continue on for the reVIew. 0 Councilrnember Trude stated on the first page, it would be helpful to have a line explaining why those property owners were listed with the PIN numbers and there was not a comment. She thought after their names and PIN numbers a sentence be added indicating "submitted an appeal to preserve their rights". Mr. Dickinson wondered if they wanted something inserted like what is on page two, line one and two inserted at the end of each one. Councilmember Trude stated that would be correct. She also thought they needed something else such as "submitted in writing a request for review of their values to preserve their rights". She thought they also made a motion on that indicating it was forwarded to the County. Mr. Dickinson stated the County Assessor already acknowledged that they needed to visit the property and would work with them. He noted they closed their hearing. Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). April 20, 2010, Workshop Meeting: Correct as amended. Councilmember Trude stated on page two, at the end of line two she would like to add "...in addition with one founders field, a second field could become a soldiers field, a third field could become an Andover Athletic Association field where members could be honored and the fourth field could be left open for a the future. She stated on line 20, after the words founders field, "with name 0 plates suspended" and they need a new sentence because Councilmember Knight's comments were not included. She suggested "Councilmember Knight suggested reserving the naming of all four fields so the City could honor a soldier, if one were killed in the Wars in Iraq or Afghanistan. Councilmember Knight stated he did not think it should include all four fields but something should 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 3 remain open. Councilmember Tmde restated her addition to read "Councilmember Knight suggested reserving the naming of a field so the City could honor a soldier if one were killed in the Wars in Iraq or Afghanistan. She stated on line 25 at the end of that sentence after community it should read "now and in the future" Councilmember Trude stated on page five, line 26, there should be a new paragraph "Councilmember Trude explained that she favored screening at ground level with plantings or a six foot fence so adjoining property owners would not view the RV's from their property line." She stated on Line 36, after "per lot", they should add "without requiring screening". Page 6, after line 27, she wanted to add her comments, "Councilmember Trude asked that a traffic control change sign be used to alert drivers from each street ofthe change." Councilmember Jacobson stated on page 5, line 36, prior to "lot" insert "2.5 acre or larger". Page 2, line 18, discussion should include "Council thought that if the costs were not substantial something could be worked out." Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried 0 unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Quote/l0-3/2010 Crack Sealing Item 4 Approve Joint Powers Agreement!09-34/Traffic Signal/Hanson Blvd NW & 133rd Avenue NW Item 5 Approve Resolution Accepting Donation/Hidden Creek East Park (See Resolution R039-10) Item 6 Approve Removal on Way Stop Sign/South Coon Creek Drive NW & Jonquil Street NW Item 7 Approve Removal on Way Stop Sign/169tl1 Lane NW & Quay Street NW Item 8 Approve Therapeutic Massage Therapist License Item 9 Approve Therapeutic Massage Establishment License Item 10 Approve Therapeutic Massage Therapist License Item 11 Approve 2010 Massage Therapy License/lnner Sanctum Salon & Spa Item 12 Approve Resolution Adopting an Amended Assessment Repayment Schedule for the lmprovement of Sanitary Sewer, Water Main, Storm Sewer and Streets for Projects 98-29, Grey Oaks (Phase 1) & 00-16, Grey Oaks (Phase II) (See Resolution R040-1 0) 0 Motion by Jacobson, Seconded by Knight, approval ofthe Consent Agenda as read. Motion carried unanimously. -- 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 4 CONSIDER CITY CODE AMENDMENT/EXTERIOR STORAGE OF COMMERCIAL VEHICLES & OTHER STORAGE ITEMS Mr. Neumeister stated the City Council has continued to discuss language peliaining to the exterior storage of commercial vehicles and recreational vehicles at the March 2nd, March 23rd and April 27th workshops. The Council has provided feedback regarding ten different types of commercial vehicles. The direction given was to bring forward a draft amendment to the City Code for review at this evening's meeting. Mr. Neumeister reviewed the staff report and direction given by the Council. Councilmember Trude commented on the topic of 2.5 acres minimum, stating she thought they shouldn't just say the R-l, R-2, or R-3 because in the northwest area of the City they have some lots that are about one acre and have private septic and wells and she did not want to see forty-five foot RV's in those backyards. Mr. Dickinson stated that reference would allow for it. Councilmember Trude thoughtthey should limit it to 2.5 acres or more. 0 Councilmember Trude stated there was discussion about the Sprinter van truck at the workshop and they were less than one ton and she felt very sympathetic about allowing anyone who needed a mobility van to have it but she is concerned about the bread truck and wondered ifthere is a better way to deal with it because it looked longer and bigger than the others. She asked for clarification. Mr. Dickinson reviewed photo 7 with the Council, discussing how the chassis size and height restrictions would impact what is allowed. Councilmember Trude stated they talked about how important the photos were for them making decisions and instead of trying to craft all the right words to cover the pictures could they include the pictures in the Code. City Attorney Baumgminer stated he would hesitate doing anything like that because once the pictures are included there will be other vehicles that show up that have not been addressed and we will be in a constant state of amending the Code. He thought height and weight would be considered objective instead of photos that would be a subjective interpretation. Councilmember Trude asked how they could use the photos as a tool to inform the residents of what is and is not allowed. City Attorney Baumgminer stated they could use the photos as examples but he would not include them in the ordinance. Mr. Dickinson thought they could be used as part of a white paper that can be handed out if and included on the website as examples. 0 Councilmember Knight stated there was some confusion as to the word "commercial" vehicle. He asked if it is a commercial vehicle if there is advertisement on a standard van that works from home. City Attorney Baumgartner stated he would consider a commercial vehicle a vehicle that is being used for generating an income and not for personal use. Mr. Dickinson stated they did not discuss 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 5 the advertising issue and based the vehicle on height and weight, basically eliminating the need to discuss advertisement. Councilmember Jacobson suggested a change on page nine, under prohibited use of parking area, under A, the very last line that states "buses.", he would like to add the words after buses "or similar vehicles." Mayor Gamache stated under Item 4, Prohibited Use of Parking Area, what they currently have in place says "under no circumstances shall required parking facilities, accessory to residential structures be used for the storage of commercial vehicles", so we currently do not allow any commercial vehicles. He stated they did not want to make all commercial vehicles prohibited, only the larger commercial vehicles. Mr. Mark Klapmeier, 17715 Bluebird Street, stated he had concerns with almost the entire ordinance. Most ofthe commercial vehicles will not fit in a standard garage and he wondered if the City can prevent someone from getting a job or keeping a job because they cannot keep a required vehicle at home. He stated they like the ability to own what they want and store at home. 0 Councilmember Trude asked what size parcel Mr. Klapmeier had and ifthey passed the ordinance would it put him in a difficult position and what suggestions would he have. Mr. Klapmeier stated he has a little over 3 acres and at this point he has a van and a large trailer but ifhe would need to go to a small cube van there might be a problem. Councilmember Trude indicated as long as he stayed within the height and weight requirements he would be fine. She stated the concern they had was the City ordinance prohibited all of these things. She stated if they adopt this they will be allowing something that is currently not allowed. Councilmember Jacobson stated the ordinance applies to the entire City and to have large vehicles parked in small lot neighborhoods did not make sense. He thought after they have heard from residents tonight and they adopt this ordinance they can come back and fine tune it if they find there are problems they did not anticipate but right now everyone is technically illegal and they are trying to loosen the ordinance up. Mr. Klapmeier asked if there is going to be a provision for parking vehicles in the rural area. Councilmember Jacobson stated the commercial section does not have a provision but the recreational section will have some differences. Mr. Klapmeier stated under item 3, permitted use of the residential parking area, item D, he did not know of anyone in the City that did not have less than two of the items listed. He thought that section was extremely limiting. He thought three or four would be more reasonable. He stated that 0 one worries him a lot. Councilmember Trude stated there is not a limit in the driveway and this is just regarding the grass area ofthe yard and they did not want yards to look junky. Mr. Michael Hovan, 17715 Yellow Pine Street NW, stated he is a MN Commercial Vehicle 0 Regular Andover City Council Meeting Minutes ~ May 4, 2010 Page 6 lnspector and there has been a lot of misnomanclature about what that actually is by the Council. He stated he was just notified of this meeting and was unprepared to discuss this item and would love the opportunity to bring more of this to the light of the City Council. He happened to have a semi that sits in his driveway which is totally paved and the only reason it is not in a building is because the City has decided not to let him build a structure big enough because he lives on 2.6 acres and the building he has that houses a lot of his equipment, strictly toys, have taken up all the room in that building and apparently according to code he cannot occupy any more of his property with an out building because it has reached the size that it takes, it occupies three quarters of his dwelling. He would put up a building and get the semi out of site but the City will not allow it. He stated his vehicle looks more like a large cube van and not a semi, it has a lot of adveliisements and his business is actually run out of Coon Rapids. He stated he lives on a cul-de-sac and gets along with all of his neighbors. He would like to explain his position more if given the time. He did not think he should be penalized for having the toys he has. Mayor Gamache stated he would prefer in cases like Mr. Hovan's to allow an additional pole barn to enclose everything. They do have an ordinance regarding this so smaller parcels would not build beyond what their land is capable of holding. 0 Councilmember Bukkila stated unless Mr. Hovan's neighbors complain he will not be cited for the vehicle and they will continue to look at other options and possibly explore the building issue. Mr. Hovan indicated he would like the Council to do this and appreciated that. Mr. Louis Rossberg, 139111 and Crosstown, stated he has four lots about 3.5 acres and for the back of the lot what is the law? He wondered what the parking requirements would be. Mr. Dickinson stated the area is zoned as urban area and nothing would change for him except that commercial is now allowed. The provision talking about RV's would not benefit him because he is not in a rural area. He stated he could have two recreational vehicles in the backyard but they would need to look at the lots individually in order to explain what would be allowed. Councilmember Bukkila asked if Mr. Rossberg had a vehicle that is greater than twenty feet in length that he would like to park on his lot currently. Mr. Rossberg indicated he has a fifth wheel trailer that is 24 Y, feet long. Mr. Dickinson stated he would technically be in violation if it is in the backyard. Where his zoning is at he may have three acres and he is in an urban zoning district the code as written where it says 2.5 acre lot then he could be fine but if they restrict it to rural zoning districts then he would not be but as it is written he is fine and would benefit from the expansion to allowing a forty-five foot RV. Councilmember Bukkila stated this is one of the reasons she liked the restriction options to consider because he would at least make one of the categories where he is 2.5 acres plus. He may not be R-I, 0 R-2 or R-3 but he obviously has the land where they may want to try to accommodate. Mr. Frank Koski, 18017 Bluebird, stated he has 2.5 acres and more than the maximum recreational vehicles allowed on a parcel ofland. He listed the items. The Council indicated some of the items 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 7 did not apply. Councilmember Trude thought ifthere were not any complaints he would not need to worry about it. Ms. Nancy Mooney, 17744 Bluebird Street NW, stated the reason why she was at the meeting was that she liked the attitude of the majority of her neighbors in terms of being helpful to each other but kind of minding their own business. She liked the sense that the reason Mayor Gamache talked about that everyone has a little bit of a different lifestyle and she has benefited from the people in her neighborhood in terms of their mechanical experience and she liked the idea that they can all make choices. Councilmember Jacobson asked on page 8, under Item D, Rear Yards, if they inselied the word "combined" would that take care of the problem of the individual that came before them. Mr. Dickinson suggested "combined contiguous". City Attorney Baumgartner stated he is going to recommend that as well. Councilmember Tmde thought they needed to have different standards for the different areas in the City depending on the size oflots in the neighborhoods. 0 The Council continued to discuss with the City Attorney and City Administrator wording that could address some ofthe issues. Councilmember Jacobson stated if they can approve the incorporation of the two changes they discussed and then send this back to staff and the City Attorney to change the preamble to this in such ways the Attorney has outlined to them tonight and bring back to the next meeting on the consent agenda. Councilmember Knight asked if they could put in a variance paragraph too. Councilmember Trude stated they would need to have a hardship not related to money and she did not think that would work. Mr. Dickinson suggested they use wording to allow them to get around the hardship clause such as meeting two out of three items. He stated he would look at that type of language as the variation here that they would use as the model. As far as approving, he would prefer to put the changes in the document and approve it once and advertise it once rather than approving something and coming back to modify it and advertise it twice. Motion by Jacobson, Seconded by Bukkila, to insert the words on the bottom of page 8 to indicate combining of lots "combining adjacent" and the words on page 9, inserting the words "similar vehicles". Councilmember Trude stated when they talked about this at the workshop she had a proposal that she called the bypass provision where the neighbors surrounding the property indicate they have no 0 objection to what is going on the adjacent property and that overrides a complaint from someone further away. Councilmember Jacobson stated he would rather have a variance provision. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 8 Motion by Jacobson, Seconded by Bukkila, to send the draft ordinance back to the City Attorney to insert the verbiage he feels will get them to the point the Council wants to be after discussion and bring back to the next meeting and add to consent agenda. Councilmernber Trude asked Mr. Dickinson if this is a staff supported solution. Mr. Dickinson thought it should come back as a discussion item. Councilmember Jacobson amended his motion to put this item on the next meeting under discussion. Motion carried unanimously. DISCUSS/APPROVE 2011-2013 URBAN COUNTY REQUALIFICATION FOR PARTICIPATION IN CDBG AND HOME PROGRAMS Mr. Dickinson stated every three years Anoka County must complete an Urban Requalification 0 process in order to continue receiving and administering HUD funds for the CDBG (Community Development Block Grant) and HOME (Home lnvestment Partnership) programs. Part of that process includes communicating with participating communities of their option to be excluded from the Anoka County "Urban County" qualification. Motion by Jacobson, Seconded by Knight, to choose to remain a participating community opt in. Motion carried unanimously. CONSIDERAPPROVAL OF RESOLUTION AUTHORIZING TRANSFER OF OWNERSHIP OF PARCEL 11 OF THE CITY OF ANDOVER HIGHWAY RIGHT-OF-WAY PLAT NO.3 Mr. Neumeister reviewed the information and map indicating the parcel area to be transferred with the Council. Motion by Trude, Seconded by Bukkila, to approve the resolution Authorizing Transfer of Ownership of Parcel 11 of the City of Andover Highway Right-of-Way Plat No.3. Motion carried unanimously. (See Resolution R041-l 0) CONSIDER APPROVALIEXTENSION OF LIQUOR LICENSE/TANNERS STATION 0 Mr. Dickinson: reviewed the request for the extension of the liquor license at Tanners Station with the Council. Mr. Dickinson indicated Tanners Station did not have any complaints from last year. - -- - 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 9 Motion by Knight, Seconded by Bukkila, to approve the extension of liquor license to Tanners Station for Friday, July 23 and Saturday, July 24,2010. Councilmember Jacobson asked if the date was conflicting with any other request. Mr. Dickinson indicated it is not. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, ClP Projects and development activity. MAYOR/COUNCIL INPUT 0 (Metro Highway System Investment System Study) - Councilmember Trude stated she attended the meeting and they are including them in discussions on what do they want to see happen in the future and how should they spend their dollars and will be continuing on with a: couple more meetings to hit the eastern area of the State. She stated the focus of what they are trying to do now is do more with less and focusing on updating existing pavement and working with the highways on different projects. She reviewed with the Council some ofthe items that were discussed at the meeting. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:37 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes - May 4, 2010 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 4, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGlANCE ......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... I AGENDA APPROV AL.................................................................................................................. I APPROVAL OF MINUTES........................................................................................................... 1 CONSENT lTEMS ......................................................................................................................... 3 Approval of Claims..................................................................................................................... 3 Award Quote/l0-3/2010 Crack Sealing...................................................................................... 3 Approve Joint Powers Agreement/09-34/Traffic Signal/Hanson Blvd NW & 133rd Avenue . NW......................................................................................................................................3 Approve Resolution Accepting Donation/Hidden Creek East Park (See Resolution R039-lO). 3 Approve Removal on Way Stop Sign/South Coon Creek Drive NW & Jonquil Street NW ...3 Approve Removal on Way Stop Sign/169th Lane NW & Quay Street NW ............................. 3 Approve Therapeutic Massage Therapist License ......................................................................3 0 Approve Therapeutic Massage Establishment License............................................................... 3 Approve Therapeutic Massage Therapist License ...................................................................... 3 Approve 2010 Massage Therapy License/1nner Sanctum Salon & Spa..........................,........... 3 Approve Resolution Adopting an Amended Assessment Repayment Schedule for the lmprovement of Sanitary Sewer, Water Main, Storm Sewer and Streets for Projects 98- 29, Grey Oaks (Phase 1) & 00-16, Grey Oaks (Phase II) (See Resolution R040-10)......... 3 CONSIDER CITY CODE AMENDMENTIEXTERIOR STORAGE OF COMMERCIAL VEHICLES & OTHER STORAGE ITEMS .............................................................................. 4 DISCUSS/APPROVE 2011-2013 URBAN COUNTY REQUALIFICATION FOR PARTICIPATION IN CDBG AND HOME PROGRAMS ....................................................... 8 CONSIDER APPROVAL OF RESOLUTION AUTHORIZING TRANSFER OF OWNERSHIP OF PARCEL 11 OF THE ClTY OF ANDOVER HIGHWAY RIGHT-OF- WAY PLAT NO.3 (See Resolution R041-10) ..........................................................................................................8 CONSIDER APPROV ALIEXTENSlON OF LIQUOR LICENSE/TANNERS STATION .......... 8 ADMINlSTRA TOR REPORT ....................................................................................................... 9 MA YOR/COUNClL INPUT .......................................................................................................... 9 ADJOURMENT .............................................................................................................................9 0