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HomeMy WebLinkAboutCC - January 19, 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, January 19,2010 CaII to Order -7:00 p,m. Pledge of AIIegiance Badge Presentation - Fire Department Resident Forum Agenda Approval 1. Approval of Minutes (1/5/10 Regular, 1/5/10 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Anoka County Fire Mutual Aid Agreement - Fire 4, Rescind Res. No, 048-09/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realigument - Engineering 5. Accept Amended Feasibility Report/Waive Public Hearing/Order Plans & Specs/09-22/Bunker Lake Blvd, 0 NW Frontage Road/Jay Street Realigument - Engineering 6. Award Bid/09-10/2010 Tree Removal Contractor - Engineering 7. Recycling Agreement with Anoka County and the City of Andover - Administration 8. Approve Application for Exempt Permit/Rum River Chapter of Minnesota Deer Hunters - Administration 9. Approve 20 I 0 Kennel License - Administration 10. Approve Debt Service Payments - Finance I I. Appoint Planning & Zoning Commission and Open Space Advisory Commissioners - Administration Discussion Items 12, Anoka County Sheriffs Department Monthly Report - Sheriff 13, Hold Public Hearing/Order Plans & Specs/1 0-2/20 I 0 Street Reconstruction - Engineering 14, Consider Conditional Use Permit/Animal Therapy Facility/16274 Verdin Street NW - Planning Staff Items 15. Schedule 2010 Local Board of Appeal & Equalization -Administration 16. Schedule February EDA Meeting - Administration 17. Schedule February Council Workshop - Administration 18. Administrator's Report - Administration Mayor/Council Input 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-JANUARY 19,2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 19, 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 Q PLEDGE OF ALLEGIANCE BADGE PRESENTATION - FIRE DEPARTMENT Fire Chief Winkel presented badges to four fire fighters. He introduced the fire fighters to the Council and audience, Councilmember Jacobson stated he had a great deal of admiration for the Fire Department and thought they had the toughest job. He thought they really did a service for this City and he appreciated it. Councilmember Knight stated their Fire Department is highly regarded by other groups and he Is glad they have them. Councilmember Trude stated it is interesting to see some of the training they have to go through in order to be a Fire Fighter. She appreciated seeing them on National Night Out and the kids enjoyed them coming out also. She wanted to thank the families for all of the time they have committed to the Community, Chief Winkel provided a brief2009 report to the Council. 0 RESIDENT FORUM No one wished to address the Council. -- 0 Regular Andover City Council Meeting Minutes -January 19,2010 Page 2 AGENDA APPROVAL Councilmember Jacobson asked to remove item 6 from the agenda and put it on the January 26, 2010 W orksession Agenda, Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously, APPROVAL OF MINUTES January 15, 2010, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page 3, line 37, the word "previous" should be added before motion, Page 4, line 21, should indicate "2 fire hydrants." Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion 0 carried unanimously. January 5, 2010, Closed Session Meeting: Correct as amended. Councilmember Jacobson stated on page 1, line 38 insert "he" before "knows." Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above, Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Anoka County Fire Mutual Aid Agreement Item 4 Rescind Res. No, 048-09/09-22/Bunker Lake Boulevard NW Frontage Roads/Jay Street Realignment Item 5 Accept Amended Feasibility Report/Waive Public Hearing/Order Plans & Specs/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment (See Resolution R006-1 0) Item 7 Recycling Agreement with Anoka County and the City of Andover Item 8 Approve Application for Exempt PermitIRum River Chapter of Minnesota Deer Hunters 0 Item 9 Approve 2010 Kennel License Item 10 Approve Debt Service Payments Item 11 Appoint Planning & Zoning Commission and Open Space Advisory Commissioners <, 0 Regular Andover City Council Meeting Minutes-January 19,2010 Page 3 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARMENT MONTHLY REPORT Captain Wells updated the Council on the December Monthly Sheriffs Department Report, HOLD PUBLIC HEARING/ORDER PLANS & SPECS/I0-2/2010 STREET RECONSTRUCTION The City Council is requested to hold a public hearing at 7:00 p.m, for Project 10-02,2010 Street Reconstruction. Mr. Berkowitz reviewed the project with the Council. 0 Mayor Gamache asked how this would work for the residents, would they need to contact City Hall indicating what they wanted. Mr, Berkowitz stated before construction starts they will send out a letter telling them what to mark on their property along with the contractor's phone number, Mr. Berkowitz stated once a contractor is chosen they will work with them to see if they would want to do driveway reconstruction while in the area. This would need to be worked out between the resident and the contractor, The City would not be involved. They will also let the homeowner know where the mail boxes will be and how they can be accessed. Councilmember Jacobson asked if the four comments received from the November meeting were indicating they are not in favor of the road reconstruction. Mr, Berkowitz stated he did not want to speak for the residents but it is his understanding that the majority of the residents in the neighborhood felt it is time to reconstruct the road. Motion by Jacobson, Seconded by Knight, to open the public hearing, Motion carried unanimously, Mr, Patrick Ayers, 17132 Swallow StreetNW, stated his concern is dealing with the watershed, He stated when he talked to Mr, Law last week he called about extra drainage needed from Uplander, The suggestion was to dig a trench from 1 70th and Uplander across his neighbors and come across the south side of the lot and dump it into the existing pond. He was talking about digging a small trench but it is all sand there and nothing to hold the banks and his concern is with heavy runoff and there will no longer be a trench, just a stream and in order to make it work they will need to fan the 0 trench out. Mr. Law indicated it would be approximately twenty feet which he objected to since it would be devaluing his property. Mr. Berkowitz stated they have been in discussion with the watershed engineer and would like to sit down with Mr. Ayers and work out different options. They want to work with the property owners to 0 Regular Andover City Council Meeting Minutes-January 19,2010 Page 4 work out their needs and correct drainage issues, Mr. Ayers stated a suggestion by Mr, Law is to run a culvert, which would be better than an open trench, He is concerned if they open up a trench it would affect trees in the area and could harm them. Councilmember Trude wondered if they could pave a one way circle and turn the center into a green space with a depression to collect the water. Mr. Berkowitz stated there is a lot of water in there and a small island would not be enough to handle the entire run off, Mayor Gamache asked if they have gone to any property owners indicating the owner was supposed to have a retention pond but it was not put in when developed, Mr. Berkowitz stated it would be easier to do if the City had an easement but unfortunately they do not on most of the properties. Mr. Ayers stated when he talked to Mr. Law there was discussion about building the intersection up which would help the flow of the water. Mr. Berkowitz stated the bulk of area already drains down to the end of the cul-de-sac, 0 Mr, Berkowitz explained where the water drains to and how the improvements will help the drainage. Mr, Scott Brenner, 2220 l73rd Circle, asked ifthere was discussion about rain gardens as opposed to digging catch basins. Mr, Berkowitz stated they had discussions with a resident but they are not interested in it. Mr, Brenner asked if the budget would change based on the amount of engineering and work that goes into diverting this water. Mr. Berkowitz stated all projects are related and they treat the development equally. One whole area pays for the storm water improvements done. Mr. Ayers asked if they had the option to pay the assessment in two installments, Mr. Berkowitz explained how the City would assess this to homeowners and the terms of paying the assessment. Motion by Knight, Seconded by Bukkila, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the resolution ordering the improvement of Project 10-20, 2010 Street Reconstruction. Motion carried unanimously. (See Resolution R008-1O) 0 CONSIDER CONDITIONAL USE PERMIT/ANIMAL THERAPY FACILITYI16274 VERDIN STREET NW Mr, Bednarz explained Russell Johansson has applied for a Conditional Use Permit, on behalf of his wife Diana and himself for a proposed animal therapy facility to be located at 16274 Verdin Street 0 Regular Andover City Council Meeting Minutes-January 19,2010 Page 5 NW. The property is a 14.5 acre parcel located north of l61st Avenue and west of County Road 59 (Verdin Street) within the R-l zoning district. City Code 12-13 allows an animal assisted therapy facility as a conditional use within the Rl, R2 and R3 zoning districts on properties larger than five acres in size, The property is heavily wooded providing natural screening around the property. Mr. Bednarz reviewed the staff report with the Council. Mrs. Johansson gave the Council a brief synopsis of their business. She stated she would be doing animal assisted activities with autistic children and would not be doing the therapy but there may be a time where they have a therapist come to their facility to do the therapy. They do have a mental health care professional that works at the Fraser Center on their board but their facility is not affiliated with the Fraser Center. She oversees their program. Councilmember Knight asked if children will be there even without a licensed therapist there. Mrs. Johansson stated that is correct. Councilmember Knight wondered how that would work. Mr. Johansson stated this is a program with two parts. One part is the animal assisted activities which Mrs, Johansson is trained for and will perform and the second part is the therapy where a mental 0 health professional will come on to the site. The mental health professional designed their program for their animal activities, After the children go through their program further therapy will be conducted by the family's health professionals, Councilmember Jacobson asked if City Attorney Baumgartner is concerned about this part of the application. City Attorney Baumgartner stated he is and in looking through the definition and previous minutes the concern is how to distinguish between a petting zoo and a mental health facility. He stated at that time they came up with the present definition and his concern is this did not fit within the definition that was created, He wondered who is really directing this program in a therapeutic manner if it is not the children's own therapist providing input, insight or direction into the program, Mr, Johansson stated since they have focused their program specifically on this clientele, the professional in the field is actually operating with that clientele. They are singling out this one group of individuals in order to develop a program for this type of clientele. Mrs. Johansson explained how they distinguished this from a petting zoo, She explained what animal assisted activities are compared to animal assisted therapy. Mrs, Johansson wondered ifthey even needed a permit for what they are planning on doing but are hoping the program expands and want to make sure they are staying within what the City allows, Councilmember Jacobson asked ifthis would be the same thing as a farmer having kids come to his 0 farm to pet animals. He wondered if a therapist is not on site why would they need a permit. City Attorney Baumgartner felt this application is premature and they are not really seeking an animal assisted therapy, Councilmember Jacobson agreed and did not think they needed a permit to do what they wanted to do, 0 Regular Andover City Council Meeting Minutes - January 19, 2010 Page 6 Councilmember Knight did not know if they could label them. He wondered where the liability factor lies here. City Attorney Baumgartner stated it would lie with the property owner. Mrs. Johansson stated it would be up to them to check identification and make sure the person on their property doing the therapy is licensed as required by the State. The Council, Staff and applicants discussed the definition of animal assisted therapy and the reason for giving the applicant approval for this business, Councilmember Jacobson felt this was too early to grant approval for what the applicants want right now. Councilmember Trude stated the City is worried about the neighborhood impact and traffic and she thought the list they made up was not broad enough and may need to be revised. She thought the definition might be a little too narrow. Their concern is the impact on the community. Councilmember Bukkila thought the idea was they wanted to separate this from having the petting zoo type of thing and it had a designated purpose, more ofahealthcare angle to it so these are not on 0 every rural lot. The narrow focus is to keep it within the healthcare realm, Councilmember J aco bson asked if there is a State license needed in order to operate this as animal therapy. Mrs. Johansson stated there is not but a therapist needs a license. Mr, Johansson stated in order to operate a therapy program they must be licensed which would be their consultant who they will contract with to provide their services that are therapeutic based, They are operating two things in tandem. The animal program was drafted, designed and evaluated by the mental health professional. They are just the tool that is delivering the service, Councilmember Bukkila thought the risk they are taking is if they expand the business and have a therapist on site they would technically be breaking the rules in the City if they are not given a permit. Councilmember Trude wondered ifthis should be tabled for legal review, Mayor Gamache stated it is his understanding they do not need a permit for what they are doing but if they approved that they have the stipulation in place for parking, etc, and would that cause any issues if they did approve it. He stated if approved they would be covered if they had a therapist on site. City Attorney Baumgartner thought it would but could open them up to potential problems down the road. If they start approving permits based on what they might do in the future where will it stop and would they be able to deny it to the next person, They are essentially agreeing to allow a use that is not being used yet so it is kind of premature. 0 Mr. Johansson stated this program is directed by a therapist but the mental health professional is not onsite, He explained to the Council how the program will work. Councilmember Knight stated he still sees this as approving a physical facility, not a program, He wondered if they were to just approve the facility and nothing else, Mr. Dickinson indicated the 0 Regular Andover City Council Meeting Minutes -January 19,2010 Page 7 resolution infers that they are approving an animal assisted therapy facility because that is how their definition reads. lfthey want to approve it he suggested they work through the other issues and craft something in the Conditional Use Permit condition one that will cover the concern of how it is supervised. Mayor Gamache asked what the other concerns are. Mrs. Johansson stated there is one they wanted to address on the conditions. The working days are Tuesday-Thursday and she saw that is the only days they are approved and she did not think through for inclimate weather or sick days or holiday make up days so she respectfully requested the days be expanded Monday-Saturday. Councilmember Trude did not think that would be a problem. Councilmember Jacobson suggested they delay this to the next meeting to allow a change in the definition so they do not have this problem. He indicated he did not have a problem with this at all. Councilmember Trude thought it really turns on the words "facility" and "directed". Councilmember Jacobson did not think it was a problem with the applicant but a problem with the definition. 0 Motion by Jacobson to table this until the next Council meeting. Mr. Dickinson stated they do have a time limit. Councilmember Jacobson asked if they could ask for an extension on the time limit until the first meeting in February for the City to work on this. Mr. Dickinson asked if there is language that could be put into the CUP that would reach a recommendation from the Council without modifying the Code language. City Attorney Baumgartner did not think it could because he thought what they are running up against is what is a facility and what does the Council want to allow to be called a facility and what do they want to be allowed to be called an animal assisted therapy facility. lfthe Council is ok with a structure where animals are housed to be considered a facility that is one definition, ifthey want it to be considered an animal assisted therapy facility that is a different type of facility. What it boils down to is what the Council would be comfortable having on this property. They tied the two together for the specific purpose oflimiting petting zoos. He thought they were coming into another area of what the Council would be comfortable with allowing on this property. He wondered if they needed to add another definition to address this item. Mr. Dickinson statedhe would request an extension from the applicant if they wanted to bring this to the next meeting but if the Council is not comfortable with this the other option would be to recommend denial. He believed the applicant would give the extension to the City. Councilmember Jacobson reminded the Council that the CUP goes with the property. 0 Mrs. Johansson stated the Planning and Zoning Commissioners requested additional information from them, which would separate them from a petting zoo. She stated they did have training to do animal assisted activities for children that is therapeutic based and provided their certification of that and they did secure a mental health professional and she thought that is what differentiated them -~ ------------ 0 Regular Andover City Council Meeting Minutes -January 19,2010 Page 8 from the petting zoo. Mr. Johansson stated there would not be a problem with traffic and is a one on one program so there will not be more than one child on site at a time. He did not think there would be an impact on the surrounding community. He stated he met with seven of the nine residents and was able to get their signatures in favor of the facility and what they are going to do. Mr. Dickinson suggested allowing animal assisted therapy does not seem to be a problem with the Council. He offered the Council a modification to change the title of the resolution that removes the word facility and then in the first Where As "allow animal assisted therapy on the subj ect property", and in the "Now Therefore it Be Resolved" they add "...authorizing animal assisted therapy as proposed and subject to the following conditions..." Motion by Jacobson, Seconded by Trude, to approve the resolution with Mr. Dickinson's changes and in doing so point to the City Code 12-2 which defines an animal assisted therapy as one directed by a health or human service provider working within the scope of his or her profession". 0 Councilmember Knight asked the Council to cross out items 2-4 in the resolution. Councilmember Trude stated the whole point of having the permit is to have some limits because it runs with the land. Councilmember Trude asked if they could amend the motion on condition two to state, the operational hours shall be limited to Monday through Saturday, between the hours of7:00 a.m. and 8:00 p.m. and to limit it to forty clients per week. Councilmember Bukkila suggested they change the number of clients to indicate that no more than two clients on the property at one time are allowed. Councilmember Jacobson accepted the Trude and Bukkila amendments. Motion carried unanimously. (See Resolution R009-1 0) SCHEDULE 2010 LOCAL BOARD OF APPEAL & EQUALIZATION Mr. Dickinson stated The Council is requested to select potential dates for holding the 2010 Local Board of Appeal & Equalization. The dates for the meeting must fall between April 12, 2010 and May II, 2010. The Council is requested to select at a minimum two potential dates of choice to submit to the County Assessor. 0 Motion by Jacobson, Seconded by Trude, to designate April 22 for the first date, April 19 as second or April 29 for the third and May 4, 2010 as the reconvene date. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes-January 19,2010 Page 9 SCHEDULE EDA MEETING The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the February 3, 2010 City Council meeting. Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for February 3, 2010 at 6:00 p.m. Motion carried unanimously. SCHEDULE FEBRUARY COUNCIL WORKSHOP Mr. Dickinson stated the Council is requested to schedule a February Council Workshop at 6:00 p.m. Motion by Bukkila, Seconded by Gamache, to schedule for February Council Workshop for February 17, 2010 at 6:00 p.m. Motion carried unanimously. 0 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 (Public Works Department Thanks) - Councilmember Knight wanted to commend the Public Works Department for the plowing efforts they have done. He thought they have done a good job. (Mayors Snowmobile Trail Ride) - Mayor Gamache stated January 30, 2010 is the Mayors Snowmobile Trail Ride. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:08 p.m. Respectfully submitted, 0 Susan Osbeck, Recording Secretary 0 Regular Andover City Council Meeting Minutes - January 19, 2010 Page lO REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 19,2010 TABLE OF CONTENTS PLEDGE OF ALLEGlANCE ......................................................................................................... 1 BADGE PRESENTATION - FIRE DEP ARTMENT.................................................................... 1 RESlDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 2 APPROVAL OF MINUTES ........................................................................................................... 2 CONSENT lTEMS ......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Approve Anoka County Fire Mutual Aid Agreement................................................................. 2 Rescind Res. No. 048-09/09-22/Bunker Lake Boulevard NW Frontage Roads/Jay Street Realignment........................................................................................................................ 2 Accept Amended Feasibility Report/Waive Public Hearing/Order Plans & specs/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment (See Resolution R006-lO).......... 2 Recycling Agreement with Anoka County and the City of Andover.......................................... 2 0 Approve Application for Exempt PermitlRum River Chapter of Minnesota Deer Hunters....... 2 Approve 2010 Kennel License.................................................................................................... 2 Approve Debt Service Payments ................................................................................................ 2 Appoint Planning & Zoning Commission and Open Space Advisory Commissioners.............. 2 ANOKA COUNTY SHERIFF'S DEPARMENT MONTHLY REPORT ..................................... 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECSIl0-2/2010 STREET RECONSTRUCTION (See Resolution R008-10) ..................................................................... 3 CONSIDER CONDITIONAL USE PERMIT/ANlMAL THERAPY FAClLITYIl6274 VERDIN STREET NW (See Resolution R009-1 0) ................................................................................... 4 SCHEDULE 2010 LOCAL BOARD OF APPEAL & EQUALIZATlON ..................................... 8 SCHEDULE EDA MEETING........................................................................................................ 9 SCHEDULE FEBRUARY COUNClL WORKSHOP ................................................................... 9 ADMINlSTRA TOR REPORT ....................................................................................................... 9 MA YOR/COUNClL INPUT .......................................................................................................... 9 Public Works Department Thanks .............................................................................................. 9 Mayors Snowmobile Trail Ride..................................................................................................9 ADJOURNMENT...........................................................................................................................9 0