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HomeMy WebLinkAboutCC - November 16, 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, November 16, 2010 Cali to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/03/10 Regular; 11/08/10 Special) Consent Items 2. Approve Payment of Claims - Finance 3. Order Feasibility Reports/11-2a, 11-2b, 11-2c & 11-2d/2011 Street Reconstruction - Engineering 4. Declare Cost!Order Assessment Roll/l 0-29/2619-2623 - 138th Avenue NW/WM - Engineering 5. Declare Cost!Order Assessment Roll/l 0-31/1718 Andover Boulevard NW /SS & WM - Engineering 6. Approve Reimbursement Resolution/20 11 Equipment Purchases - Administration/Finance 7. Approve Off-Sale 3.2% Liquor License & Tobacco License/SuperAmerica - Administration 0 8. Approve Resolution/W orkers Compensation Coverage/Elected Officials - Administration/Finance 9. Approve LMCIT Liability Coverage - Administration jFinance Discussion Items 10. Anoka County Sheriff s Department Monthly Report - Sheriff 11. Approve Resolution/Call for Outstanding Bonds/General Obligation Tax mcrement Refunding Bonds, Series 2004B - Administration/Finance 12. Consider Modification to Farm Winery Conditional Use Permit!3482 - 165th Avenue NW - Planning Staff Items 13. Schedule Special November EDA Meeting - Administration 14. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-8923 0 WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING-NOVEMBER 16, 2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 16, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight and Julie Trude Councilmember absent: None Also present: Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Supplemental information to Item 10, Anoka County Sheriffs Monthly Report and an add-on item (12a) to Authorize lnitiating 2011 lmprovement Project-Parks. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 3,2010, Regular Meeting: Correct as amended. Councilmember Trude stated on page 2, line 21, they were amending the minutes and the sentence should read: "a full access signalized intersection". 0 Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. November 8,2010, Special Meeting: Correct as presented. - 0 Regular Andover City Council Meeting Minutes-November 16,2010 Page 2 There were no changes. Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Order Feasibility Report/II-2a, 11-2b, 11-2c & 11-2d/2011 Street Reconstruction (See Resolution R090-10) Item 4 Declare Cost!Order Assessment Roll/l0-29/2619-2623 _138111 Avenue NW/WM (See Resolution R091-10) Item 5 Declare Cost/Order Assessment Roll/l 0-31/1718 Andover Boulevard NW /SS & WM (See Resolution R092-lO) Item 6 Approve Reimbursement Resolution/20l1 Equipment Purchases (See Resolution R093-10) 0 Item 7 Approve Off-Sale 3.2% Liquor License & Tobacco License/SuperAmerica Item 8 Approve Resolution/Workers Compensation Coverage/Elected Officials (See Resolution R094-1 0) Item 9 Approve LMCIT Liability Coverage Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Tom Wells and newly elected Sheriff James Stuart from the Anoka County Sheriffs Department updated the Council on the October monthly report. The City Council welcomed Sheriff-Elect Stuart to the Anoka County Sheriffs Department. Sheriff-Elect Stuart thanked the City Council for their service commitment to the Anoka County Sherifffor service. He noted that Captain Wells will be his new Chief Deputy so someone will take over the reporting to the City. APPROVE RESOLUTION/CALL FOR OUTSTANDING BONDS/GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B 0 Mr. Dickinson stated the $4,260,000 General Obligation (G.O) Tax Increment Refunding Bonds, Series 2004B, were used to refund the Series 1995D Bonds. The remaining outstanding bonds are callable and if called would yield interest expense savings. 0 Regular Andover City Council Meeting Minutes - November 16, 2010 Page 3 Mr. Dickinson reviewed the information with the Council. Motion by Knight, Seconded by Jacobson, to approve the attached resolution for formal authorization of the calling of G.O, Tax lncrement Bonds, Series 2004B. Motion carried unanimously. (See Resolution R095-10) CONSIDER MODIFICATION TO FARM WINERY CONDITIONAL USE PERMIT/3482 - 165TH AVENUENW Mr. Dickinson stated the owner of White Rabbit Vineyards and Winery requests the Council consider removing the limitation on the amount of wine that can be produced and the annual reporting requirement. Removal of these restrictions would allow the business to operate under the regulations of State Statute 340.315 as well as the remaining conditions of Resolution 045-07 and City Code 12-9-12. Mr. Dickinson reviewed the information with the Council. 0 Mayor Gamache stated he would suggest they look at the Conditional Use Permit resolution and change to reflect what the State law reads. He stated he did not have a problem with the annual production report and thought the owner could give them a copy of this in whatever fashion he wished to give to them. Mayor Gamache stated he is concerned about the sunset clause identified in the CUP resolution and wondered what that involved. Mr. Dickinson reviewed the sunset clause with the Council, indicating it had to do with inactivity in the first year of the CUP. Councilrnember Trude wondered how they protect a neighborhood ifthey go to 50,000 gallons. This is in a neighborhood where this is the furthest home in and she wondered how they would protect the neighbors. Mayor Gamache stated the owner does not have space to house 50,000 gallons. All they are really doing is eliminating a regulation placed on him by the City which the State does not place upon him. Councilrnember Trude asked how they could grant this to this owner and not someone else in the future. She stated she would like to see Mr. Hedin move this operation into a full business operation where he is not in a neighborhood paying homestead taxes. She stated as soon as the operation impacts the neighbor, the whole neighborhood tax value could decline and then it would hurt their whole tax base. Mayor Gamache stated ifthey had a Conditional Use Permit the City is saying that ifthere are issues it can be revoked. He stated the property owner does not have the ability to expand further on his property. Councilmember Trude stated another 0 resident could do this and they could not deny them. She stated she wants to protect the neighborhoods. Mayor Gamache asked why they need excessive regulation when they have not had a problem over the past three years and his business has been run fine without any complaints and he ~ , 0 Regular Andover City Council Meeting Minutes-November 16,2010 Page 4 thought they were putting excessive regulation on his business when the State does not put those types of regulations upon it and he thought it looked like an oppOliunity to open it up a little bit. Councilmember Jacobson asked Mr. Hedin why he wanted the limitation to be removed and the annual reporting be removed. Mr. Mark Hedin stated up to this point he has not been at the thousand gallon limit and this is not his full time job. This is highly regulated by the State and Federal Governments because it is alcohol and he enjoys doing wine making. He cannot sell a single bottle of wine unless he is a legal farm winery. He stated he is operating in less than three hundred square feet in the detached structure and he could not add on or expand without Council approval. He stated the Conditional Use Permit allows the Council to review every year how the business is going and there have not been any complaints in the 3.5 years he has been in business. He stated he would like to do more than one thousand gallons a year without worrying about going over the limit the City has imposed. Councilmember Jacobson asked how Mr. Hedin anticipated going over one thousand gallons in a year if this is a hobby. Mr. Hedin stated as each year progresses he learns more and how to do things more efficiently and produce more and he has also been contacted by a distributor to bring his wine into liquor stores. He stated he already has a thousand gallons of wine ready to be 0 bottled but has not and ifhe did bottle the wine he would be at his limit and would not be able to produce more wine for an entire year so he limits his amount of wine bottled. He stated he does not understand why such excessive limits are set on him when there are other home based businesses that do not have to report amounts to them. Councilmember Trude stated his business was the only one in an outside structure at 2.5 acres, everybody else is at 3 and she thought he was the only home based business operating in an outside structure and someone did not do their homework and it does not meet the code but he got that permission anyways. He is operating two businesses and she has driven by and not seen problems but she did not want to start having problems in the future if the limit was removed. Councilmember Trude thought the issue was whatever the Council does for Mr. Hedin they need to do the same for whoever walks in the door. She stated she was ok with changing the number but was not willing to go to 50,000. Mr. Hedin understood what Councilmember Trude was saying but he noted his Conditional Use Permit is for his specific site and did not mean the . Council had to do the same for everyone else, that is what a CUP is for and the Council has the power to change them. Mr. Hedin stated he has proven to the Council that he has been a good neighbor to his neighbors and has followed everything in the Conditional Use Permit. If there is a problem he hopes the City will let him know but in 3.5 years there has not been a problem and nothing is going to change in the future as far as the business goes. 0 Councilmember Trude thought if they opened the door and went from one thousand to fifty thousand they are setting precedent for the next farm winery. She would be willing to do a gradual progression. Mr. Hedin suggested raising the limit to ten thousand gallons. Councilmember Trude stated she would be fine with that amount. 0 Regular Andover City Council Meeting Minutes - November 16, 2010 Page 5 Mr. Hedin stated he will not be having trucks coming back and forth through his neighborhood to pick up his wine. Councilmember Bukkila stated she has talked to Mr. Hedin's neighbors and there are not any complaints but there is concern that ifhe does increase production that there may be something so if they were to do this are the mechanisms in place with the renewal of the CUP that if the City is not able to work with Mr. Hedin to calm the traffic or whatever the complaints are that are generated that they would essentially pull the CUP or redraw the lines. Mr. Dickinson stated that is part of the annual review of the CUP. Councilmember Trude asked if they jump from the one thousand gallons to the ten thousand gallons, does this set precedent if someone comes in for the same thing. City Attorney Baumgartner stated he would assume that if someone came in and they knew that this case was bumped up to ten thousand they would be inclined to ask for the same but all things would need to be similar. He stated setting precedent did not mean the Council would need to allow it but it would be expected they would strongly consider it having done the same thing for a similarly situated property. 0 Councilmember Trude asked ifthere is a role for Government being regulatory when introducing business elements into a residential area. City Attorney Baumgartner stated where there likely is going to be an impact to the neighborhood and generally there is some kind of a regulatory function of the Government. Councilmember Jacobson asked if this needs to be sent back to the Planning Commission for review. Mr. Dickinson did not think they needed to. City Attorney Baumgartner agreed. Councilmember Trude stated when she looks back at the minutes where the motion was made by Councilmember Orttel, seconded by Jacobson, to approve the permit; the resolution does not include all the language they adopted. She suggested they send this back to staff for cleanup of the resolution. She also would support an increase but would like to have it done in incremental sections. Motion by Knight, Seconded by Bukkila, to send this item back to stafffor cleanup and increase the limit to ten thousand gallons. Councilmember Bukkila thought what Mr. Hedin was trying to do was to create a business over time and she did not think they should pick him apart or criticize. She thought they had a mechanism in place to control the growth and hopefully over time the business will grow where the business will need to move to the business district in the City. 0 Mr. Hedin wondered why he needed to submit both State and Federal forms each year because they are both essentially the same. The Council felt that if they were the same he could submit one report that would include everything needed. 0 Regular Andover City Council Meeting Minutes-November 16,2010 Page 6 The motion was amended by Councilmember Knight and seconded by Councilmember Bukkila to allow Mr. Hedin to submit only the one report annually to the City, either Federal or State. Councilmember Jacobson stated he was going to vote against this because he thought jumping from one thousand to ten thousand is way too much. He could be talked into going from one thousand to two thousand. Councilmember Trude stated she would prefer to go incrementally but once there are complaints the plug will be pulled on this. Motion carried 4 ayes, 1 nay (Jacobson). AUTHORIZE INITIATING 2011 IMPROVEMENT PROJECT - PARKS Mr. Dickinson stated the Andover City Council is requested to approve initiating the 20ll Park Improvement Projects. By doing so, the City can take advantage of year-end pricing and grant opportunities to possibly save some additional dollars. Councilmember Jacobson asked ifthey do this are they going to have to run a reimbursement 0 resolution later. Mr. Dickinson stated they would not, these are items originally funded out of their Capital Projects Equipment Fund and then when the levy comes in they would use the levy dollars to replenish that fund. Councilmember Bukkila asked if they were going to spend the full budgeted amount or will they actually save money. Mr. Dickinson hoped they would save money. By looking at current pricing he did not believe they could do two play structures based on current pricing and if they wait until next year he did not think they would have the ability to do two within the budget. If they act within the next couple months and take advantage of some incentives out there in the marketplace, he believed they could keep within budget. Councilmember Trude stated she was a little worried that if they do this there will not be enough money to do anything else and she thought their playgrounds in the parks looked terrific compared to other cities. She thought they could use the money for other projects in the parks. Mr. Dickinson stated the play structures are for between two and twelve year aids. Nordeens Park and Timber Trails Park would be where the structures would be placed. He stated there would be funds available to do other projects next year. Councilmember Bukkila asked without the grant funds what could they do in the parks. Mr. Dickinson stated they would be limiting what they would replace. Q Councilmember Knight thought there are other things they could put in the parks besides play structures such as basketball courts. Mr. Berkowitz reviewed some things they planned on doing inthe parks. 0 Regular Andover City Council Meeting Minutes - November 16, 2010 Page 7 Councilmember Trude felt it was really important to get the resident input on what they want in the parks and not just what City staff wants to put in them. Mr. Dickinson indicated that neighborhood input was sought on the playground replacements; he also reiterated that what was proposed was identified in the 20ll-20l5 CIP adopted by the City Council in October. Motion by Jacobson, Seconded by Bukkila, to pass on moving forward with the early purchasing of playground equipment in the 20ll-20l5 CIP. Councilmember Trude stated she would like to get more information on what is getting planned for the parks and then she would be willing to review this again. Councilmember Jacobson stated if they do not use the money for play structures they could look at improvements to other things in the parks. Council and staff discussed options and the reason for replacing play structures in the parks. 0 Councilmember Trude stated she would like more information on this. Councilmember Jacobson amended the motion to send the item to the Park Commission for review. Councilmember Bukkila stated she would not be comfortable sending this to the Park Commission without more information. The original motion stood. Motion carried unanimously. SCHEDULE SPECIAL NOVEMBER EDA MEETING The Council is requested to schedule a special EDA meeting at 6:00 p.m. before the November 30,2010 City Council workshop. Mr. Dickinson indicated the meeting was needed to facilitate the Andover Station North land sale. Motion by Trude, Seconded by Knight, to schedule a special EDA meeting for November 30, 2010 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT 0 Mr. Dickinson and Mr. Berkowitz updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. ~ 0 Regular Andover City Council Meeting Minutes - November 16, 2010 Page 8 MAYOR/COUNCIL INPUT (Community Education Meeting) - Councilmember Trude stated she went to a Community Education Advisory Council meeting as a representative from Andover and it has become apparent that less and less cities are contributing to after school programs. She stated she has talked to the PT A President of Andover Elementary and they did not have specific feedback and asked her to talk to the staff person who provides the person. She has not heard anything back yet but they want to do a survey. The Council has talked about reallocating those funds to other activities for the kids in the community and she thought this was the message that people will want to hear. Community Education has seen a huge number of adults taking classes in the evening and job related courses for retraining. She stated enrollment is really down with afterschool child care and aquatic programs. There was discussion about the school building closings and transportation. Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:33 p.m. 0 Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes-November 16,2010 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 16, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL,................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... I CONSENT ITEMS .........................................................................................................................2 Approval of Claims..................................................................................................................... 2 Order Feasibility Report/ll-2a, 11-2b, 11-2c & 11-2d!2011 Street Reconstruction (See Resolution R090-1 0) ....................................... ..................................................................... 2 Declare Cost/Order Assessment Roll/I 0-29/26 I 9-2623 _138th Avenue NW/WM (See Resolution R091-1 0) .................................... ........................................................................ 2 Declare Cost/Order Assessment RolUl 0-31/1718 Andover Boulevard NW/SS & WM (See Resolution R092-1 0) ......................... ....................... ............................................................ 2 Approve Reimbursement Resolution/2011 Equipment Purchases (See Resolution R093-10).. 2 Approve Off-Sale 3.2% Liquor License & Tobacco License/SuperAmerica............................. 2 C Approve Resolution/Workers Compensation Coverage/Elected Officials (See Resolution R094-1 0)............................................................................................................................... 2 Approve LMCIT Liability Coverage .......................................................................................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT................................... 2 APPROVE RESOLUTION/CALL FOR OUTSTANDING BONDS/GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B (See Resolution R095-10)....... 2 CONSIDER MODIFICATION TO FARM WINERY CONDITIONAL USE PERMIT/3482- 165TH AVENUE NW ................................................................................................................. 3 AUTHORIZE INITIATING 2011 IMPROVEMENT PROJECT - PARKS .................................6 SCHEDULE SPECIAL NOVEMBER EDA MEETING............................................................... 7 ADMINISTRATOR REPORT .......................................................................................................7 MA YORlCOUNCIL INPUT .......................................................................................................... 8 ADJOURNMENT........................................................................................................................... 8 0