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CC - March 15, 2011
\ ND 06VE T OT 1685 CROSSTOWN BOULEVARD N.W. o ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 0 1NWW.CI.ANDOVER.MN.US Regular City Council Meeting —Tuesday, March 15, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/1/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Award Contract/11 -14 /Tower #1 /Painting & Rehabilitation - Engineering 4. Approve Playground Equipment Purchase /Timber Trails Park & Nordeens Park — Engineering 5. Approve Quote /11 -22 /Andover YMCA/Community Center Shelter — Engineering 6. Approve Agreement with Anoka County /Andover Community Center as a Mass Dispensing Site — Fire © 7. Approve Resolution Adopting an Amended Assessment Repayment Schedule /Project 02 -33 Andover Station North/1851 Bunker Lake Blvd NW - Administration Discussion Items 8. Anoka County Sheriff's Department Monthly Report — Sheriff 9. Public Hearing Vacation of Easement/Lot 6, Block 1, Timber River Estates - Planning 10. Consider Conditional Use Permit, /Outdoor Storage /ABC Mini Storage, 13624 Hanson Blvd - Planning 11. Consider Recommendation for Appointment/Coon Creek Watershed District Vacancies — Engineering 12. Consider Resolution Supporting Recommendations Relating to the Coon Rapids Dam, as Approved by the Coon Rapids Dam Commission — Administration Staff Items 13. Schedule April EDA Meeting -Administration 14.. Schedule April Council Workshop - Administration 15. Administrator's Report -Administration Mayor /Council Input Adjournment H Y l C T T �1 1685 CROSSTOWN BOULEVARD N.W. > ANDOVER, MINNESOTA 55304 0 (763) 755 -5100 FAX (763) 755 -8923 o WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING — MARCH 15, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 15, 2011, 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 Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OFALLEG]ANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Addition of item 12a. Opening on Met Council Transportation Advisory Board. Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES March 1, 2011, Regular Meeting: Councilmember Bukkila requested a correction on page five, line 20 to read: Councilmember Bukkila stated the City Council would consider the factors and if the City Council agreed to pay 50% then they would approach the residents with an offer and then reconsider. Motion by Jacobson, Seconded by Trude, to approve the minutes as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes — March 15, 2011 Page 2 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Contract/11 -14 /Tower #1/Painting and Rehabilitation Item 4 Approve Playground Equipment Purchase /Timber Trails Park and Nordeens Park Item 5 Approve Quote /11 -22 /Andover YMCA/Community Center Shelter Item 6 Approve Agreement with Anoka County /Andover Community Center as a Mass Dispensing Site Item 7 Approve Resolution Adopting an Amended Assessment Repayment Schedule/Project 02 -33 Andover Station North/1851 Bunker Lake Boulevard NW (See Resolution R023 -11) Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF'S DEPARTMENT MONTHLYREPORT Kevin Halweg, Commander Patrol Division/S.W.A.T. from the Anoka County Sheriff's Office provided the Council and the citizens of Andover with an update on law enforcement activities within the City. Commander Halweg noted there have been a number of daytime burglaries. He encouraged residents to stay off the lakes. PUBLIC HEARING — VACATION OF EASEMENTILOT 6, BLOCK 1, TIMBER RIVER ESTATES Mr. Bednarz explained the applicant is seeking to vacate a portion of an existing drainage and utility easement to allow more room for construction on the lot. The Engineering Department has compared the existing easement with the 100 year flood elevation of the floodplain adjacent to the Rum River and determined that more easement exists than is necessary. Staff has evaluated the application and determined there are no obstacles to vacating the drainage and utility easement. Councilmember Jacobson asked if there is anything that could not be built on this parcel or would it be treated as a standard lot. Mr. Bednarz stated applicable setbacks would need to be met. It would not affect any more of the requirements. Councilmember Trude asked if there is a building on the lot and Mr. Bednarz stated it is vacant. Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. © Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Bukkila, to approve the proposed vacation of easement. Motion carried unanimously. (See Resolution R024 -11) © Regular Andover City Council Meeting Minutes — March 15, 2011 Page 3 CONSIDER CONDITIONAL USE PERMIT /OUTDOOR STORAGE /ABC MINI STORAGE, 13624IIANSONBLVD Mr. Bednarz reviewed the applicant would like to utilize the open area along the west side of the site for parking of vehicles and trailers as part of the business. Exterior storage in the Industrial Zoning District requires conditional use permit approval. As part of the review the City compares the site conditions to the current requirements of the City Code. Due to the age of the facility (1985) and changes to the City's regulations over the years, there are a few items that are out of compliance with the current City Code. Mr. Bednarz identified three areas of the site which are deficient according to the current City Code. City Code 12 -13 -8 Paving and Curb Requirements, City Code 12 -13 -6 Landscaping Requirements and City Code 12- 13 -817, Front Yard Parking Area Setback. Councilmember Jacobson stated Council can take three actions, approve and grant three variances, deny, or delay action until the MN Legislature makes its decision to allow Cities to grant variances on reasonable conditions. Councilmember Jacobson believes to delay would be the best option since legally right now the Council cannot grant a variance. Councilmember Trude suggested there may be a fourth option of granting the CUP if conditions are met. She stated we do not have a lot of history of ignoring the ordinances of landscaping and paving. She does not believe the Council can pick and choose when to adhere to the ordinances. Councilmember Jacobson stated personally he would not vote in favor of this due to the fact that millions of dollars were spent cleaning up the junk yards. Mayor Gamache stated the only option is to delay. The timetable is not known for the Legislature, but is thought that a decision may be made within the next two months. Mr. Kraig Domogalla, representing ABC Mini Storage, 13624 Hanson Boulevard NW, was present at the meeting. He stated he would not have an issue delaying the action. He is looking to add 22 parking spots. Councilmember Trude noted Mr. Domogalla would need to write a letter extending the timeline for the project. Mr. Domogalla would not need to start over and would just come before the Council after the Legislature makes their decision. Mr. Bednarz stated he would work with Mr. Domogalla to draft an extension letter. Councilmember Trude stated she may have a problem justifying giving these business variances when neighboring businesses were not given the same variances and had to meet the ordinances. Mr. Domogalla stated the 22 spaces would not bring in a lot of revenue and spending a lot of money on this may not pay. Mr. Domogalla asked if it would make a difference in Council's decision if delayed. He does not want to waste the Council's time nor his. © Councilmember Bukkila stated she is not in favor of the proposal. She visited the site and feels it would be a visual negative off of Bunker Lake Boulevard. Mr. Domogalla stated he has owned the business since 2004. His property taxes have increased $20,000 since seven years ago. He L u Regular Andover City Council Meeting Minutes —March 15, 2011 Page 4 would like to be able to make this work without spending a large amount of money. Mayor Gamache stated he would not be against the proposal because all the outdoor storage would be away from Hanson Boulevard and the slatted fencing would block the site from Grouse Street. Councilmember Trude stated the City did help him with the frontage road and Grouse Street access. Mr. Domogalla stated he only uses the access off Hanson Boulevard. Councilmember Trude referred to the City's Comprehensive Plan and stated Grouse Street is deemed for retail. Mr. Domogalla stated he does not want it to be a junk yard. He has gotten requests for storage for trailers, cars, boats, rv's, etc. There is currently not such a service within Andover and residents are going to Ham Lake or Blaine. Councilmember Jacobson stated there are three members of Council that have expressed negative feelings about the project. Mr. Domogalla has the option of waiting or having Council vote this evening. Mr. Domogalla stated he would rather know tonight if the answer is no. He stated the Planning Commission supported his plan. Mayor Gamache stated he can understand both sides. He stated there is a need for this in the City. It would be a CUP based on the conditions applied. Mr. Bednarz stated the Council is asked to approve or deny the proposed conditional use permit. If the Council chooses to approve the conditional use permit, please also determine whether site improvements will be required to meet current City Code requirements or whether variances will be approved for one or more of the items listed in the packet. If the Council chooses to deny the conditional use permit, please include findings for denial. Motion by Jacobson, Seconded by Bukkila, to deny the request and have staff draft a resolution denying the request for a conditional use permit for outdoor storage with variances for ABC Mini Storage located at 13624 Hanson Boulevard NW. Councilmember Trude asked if the applicant is not interested in doing any landscaping. Mr. Domogalla stated he is open to landscaping the property. He is not willing to put in the curb or asphalt. Councilmember Bukkila stated if the request is denied he could not come back for a year. He could revise his plans and come back to the Council. She asked if he would prefer the delay. Councilmember Bukkila retracted her second to the motion. Councilmember Trude seconded the motion to deny the request. Councilmember Bukkila stated it is up to the applicant to come back with a plan if he wishes. Mr. Domogalla asked if paving only could be considered without curbing. Mr. Dickinson stated Regular Andover City Council Meeting © Minutes — March 15, 2011 Page 5 if he wants to give a verbal 60 day extension tonight that can be re- evaluated. Mr. Domogalla agreed to a 60 day extension for his application. Councilmember Trude retracted her second. Motion by Trude, Seconded by Bukkila to table consideration for 60 days. Motion carried unanimously. CONSIDER RECOMMENDATION FOR APPOINTMENT /COON CREEK WATERSHED DISTRICT VACANCIES Mr. Dickinson reviewed this item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District (CCWD). There are two managers (Joseph Marvin and Ted Capra) whose terms expire on May 27, 2011. Mr. Marvin has requested to be reappointed to serve on the CCWD board. Mr. Capra will not be reapplying as there was a CCWD boundary change and now his residency is now located in the Rice Creek Watershed District. © The City of Andover has received five (5) requests from individuals that would like to be considered for the board. The individuals are as follows: Joseph Marvin — CCWD Term expires at the end of May but has requested to be reappointed. Currently an Andover resident. Carol Abbott — Currently an Andover resident. Michael Von Wald — Currently a Blaine resident Scott Bromley — Has not responded as where his residency is Brad Johnson — Currently a Coon Rapids resident. In order for names submitted to the County to be considered a list under the statutory definition, the list must contain the names of at least three nominees eligible to be appointed. The City Council is requested to consider submitting a letter recommending an individual or individuals to the Anoka County Board of Commissioners as to serve on the Coon Creek Watershed District board. Mr. Dickinson indicated on a map where those seeking appointment reside. Mr. Brad Johnson was present at the meeting. Motion by Jacobson, Seconded by Mayor Gamache, to submit a letter to Anoka County recommending Joseph Marvin, Carol Abbott, and Brad Johnson for appointment to the Coon Creek Watershed District Board. Motion carried unanimously. C © Regular Andover City Council Meeting Minutes — March 15, 2011 Page 6 CONSIDER RESOLUTION SUPPORTING RECOMMENDATIONS RELATING TO THE COON RAPIDS DAM, AS APPROVED BY THE COON RAPIDS DAM COMMISSION The Council is requested to consider a resolution that would support recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission. Mr. Dickinson provided a brief presentation on the request at the meeting, of primary concern to the City of Andover in the opinion of City Administration would be the impacts to the Rum River. To date, the Cities of Anoka, Brooklyn Park, Champlin, Coon Rapids, Dayton and Ramsey have considered resolutions, as have Anoka and Hennepin Counties. Another issue is Asian Carp infestation. The dam would be somewhat of a barrier. Council is requested to discuss the merits of adopting a resolution that would support recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission. Mayor Gamache stated he had meetings with the Mayor of Champlin who had some good information about redoing the Coon Rapids Dam and with the addition of fish barriers which © would bring the Coon Rapids Dam up to a 99.9% barrier against Asian carp infestation. There is a bill in the House and Senate with bi- partisan support. Councilmember Jacobson stated it bothers him to see a bond for $17million. He will reluctantly vote in favor of this. Mayor Gamache stated spending $17million now will save much more in the future. Motion by Knight, Seconded by Trude, to introduce a resolution supporting recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission and approve its adoption. Motion carried unanimously. (See Resolution R026 -11) CONSIDER OPENING ON MET COUNCIL TRANSPOR TA TION AD VISOR Y BOARD Councilmember Trude stated Councilmember Knight has expressed interest in serving on the Met Council Transportation Advisory Board. Councilmember Trude had staff prepare a letter recommending Councilmember Knight be appointed to the Board. Motion by Trude, Seconded by Jacobson, supporting the nomination of Councilmember Knight to serve on the Met Council Transportation Advisory Board and the Council sign the letter showing support. Motion carried unanimously. © SCHEDULE APRIL EDA MEETING The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the April 5, 2011 City Council Meeting. A tentative agenda was provided. Regular Andover City Council Meeting Minutes — March 15, 2011 Page 7 Motion by Jacobson, Seconded by Trude, to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the April 5, 2011 City Council Meeting. Motion carried unanimously. SCHEDULEAPRIL COUNCIL WORKSHOP The Council is requested to schedule a Council Workshop for the month of April for a number of miscellaneous business items at 6:00 pm on April 26 or another date and time acceptable to the Council. A tentative agenda was provided. Motion by Jacobson, Seconded by Bukkila, to schedule a Council Workshop at 6:00 pm on April 26, 2011. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, Legislative © topics, update on development/CIP projects and meeting reminders. Mr. Dickinson reminded Council of the Joint meeting with the Coon Rapids Council at Coon Rapids City Hall on March 22, 2011 at 6:30 pm. March 29, 2011 Council Workshop where a bid will be proposed for approval. Councilmember Knight asked what the road restrictions are. Mr. Dickinson stated he does not know the specifics. Mr. Dickinson stated we are currently under road restrictions and signage is being put up. MAYOR/COUNCIL INPUT (Flooding) - Mayor Gamache stated Elk River is making sand bags available to its residents and questioned whether Andover had any available. Mr. Dickinson stated there are four pallets of sand bags available, but the City would like to monitor and review each situation. (Home Improvement Show) - Mayor Gamache announced the Home Improvement Show is this Saturday starting at 9:00 am at the Community Center. (High School Sports Report) - Councilmember Bukkila stated the Coon Rapids Varsity Hockey took 3rd place in State this year and the Coon Rapids Cheerleaders took 2 place at Nationals. Councilmember Knight — The Coon Rapids Basketball team went into the finals with a record of © 3 -24 and went into the State Tournament. (Mass Dispensing Site forAnoka County) - Mayor Gamache stated Council passed in the consent items that the Andover Community Center would be used as a mass dispensing site for © Regular Andover City Council Meeting Minutes —March 15, 2011 Page 8 Anoka County in the event of a disaster. (League of Women Voters Forum) - Councilmember Trude stated she hosted a forum with the League of Women Voters and thanked Mr. Dickinson for his participation and the three other managers that attended for their support. She provided a brief review of topics of discussion during the forum. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:15 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary H H Regular Andover City Council Meeting Minutes — March 15, 2011 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MARCH 15, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... .............I................. 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Award Contract/l 1 -14 /Tower #1/Painting and Rehabilitation ...... ............................... 2 Item 4 Approve Playground Equipment Purchase /Timber Trails Park and Nordeens Park .... 2 Item 5 Approve Quote /11 -22 /Andover YMCA/Community Center Shelter ........................... 2 Item 6 Approve Agreement with Anoka County /Andover Community Center as a Mass DispensingSite .................................................................................... ............................... 2 Item 7 Approve Resolution Adopting an Amended Assessment Repayment Schedule /Project 02 -33 Andover Station North/1851 Bunker Lake Boulevard NW (See ResolutionR023- 11) ....................................................................................................... ............................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2 PUBLIC HEARING — VACATION OF EASEMENT /LOT 6, BLOCK 1, TIMBER RIVER ESTATES (See Resolution R024- 11) ......................................................... ............................... 2 CONSIDER CONDITIONAL USE PERMIT /OUTDOOR STORAGE /ABC MINI STORAGE, 13624 HANSON BLVD Motion to table .................................................... ............................... 3 CONSIDER RECOMMENDATION FOR APPOINTMENT /COON CREEK WATERSHED DISTRICTVACANCIES ........................................................................... ............................... 5 CONSIDER RESOLUTION SUPPORTING RECOMMENDATIONS RELATING TO THE COON RAPIDS DAM, AS APPROVED BY THE COON RAPIDS DAM COMMISSION (See Resoluton R026 -11) ............................................................................ ............................... 6 CONSIDER OPENING ON MET COUNCIL TRANSPORTATION ADVISORY BOARD ...... 6 SCHEDULE APRIL EDA MEETING ................. .........................Error! 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SCHEDULE APRIL COUNCIL WORKSHOP .............................................. ............................... 6 ADMINISTRATORREPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 (Flooding) .................................................................................................... ............................... 7 (Home Improvement Show) ......................................................................... ............................... 7 (High School Sports Report) ........................................................................ ............................... 7 (Mass Dispensing Site for Anoka County) .................................................. ............................... 7 (League of Women Voters Forum) .............................................................. ............................... 8 L: .