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HomeMy WebLinkAboutCC - September 20, 20114 VNL6D Y �0 1' ®�!1 R; © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV Regular City Council Meeting — Tuesday, September 20, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/23/11 Workshop; 9/6/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Receive Assessment Roll/Order Public Hearing/11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction - Engineering 4. Declare Cost/Order Assessment Roll/10 -30 /Crosstown Drive NW Reconstruction - Engineering 5. Approve Quote/Paving Project for Public Works —Engineering 6. Approve Wine License /State of Bean — Administration © Discussion Items 7. Anoka County Sheriff's Office Monthly Report - Sheriff 8. Public Hearing: Special Bow Hunt Request — Smith Rolling Oaks Area - Planning 9. Public Hearing: Special Bow Hunt Request — Barnes Rolling Oaks Area - Planning 10. Conditional Use Permit (11 -04) for outdoor display, storage and sales for Time to Thrift at 13 73 5 Round Lake Boulevard — Planning 11. Conditional Use Permit (11 -05) for outdoor storage and interim performance standards at 3160 162 Lane NW — Planning Staff Items 12. Schedule EDA Meeting — Administration 13. Schedule October Workshop— Administration 14. Administrator's Report — Administration Mayor /Council Input Adjournment H NDOVE: x REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 20, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 6, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Knight, and Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Dave Carlberg PLEDGE OFALLEGIANCE x RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache stated the Council had received additional material from the Sheriff's Office. Councilmember Trude requested the Approval of Minutes be moved to after discussion item #11 Conditional Use Permit 11 -05. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OFMINUTES Approval of minutes was moved to after discussion item #11. CONSENT ITEMS © Regular Andover City Council Meeting Minutes —September 20, 2011 Page 2 Item 2 Approve Payment of Claims Item 3 Receive Assessment Roll /Order Public Hearing/11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction (See Resolution R072 -11) Item 4 Declare Cost/Order Assessment RolU10 -30/ Crosstown Drive NW Reconstruction (See Resolution R073 -11) Item 5 Approve Quote/Paving Project for Public Works Item 6 Approve Wine License /State of Bean Motion by Councilmember Bukkila, Seconded by Councilmember Trade, approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Investigator Scott Knealing, Anoka County Sheriff's Office, provided the Council and residents with an update on law enforcement activities within the City including thefts, assaults, a hit and run accident, and DUIs. n Councilmember Trade asked if the hit and run accident involved any pedestrians or only vehicles. She also requested the Sheriff's Office include updates regarding major accidents within the City. Councilmember Trade stated there have been traffic delays and accidents due to the County redirecting traffic for the Main Street project. She also requested the Sheriff's Office look at tracking the number of accidents in this area so that the causes can be identified. Inspector Knealing stated the hit and run accident involved two vehicles, vehicle on vehicle. He also stated he would discuss Councilmember Trade's requests with Commander Halweg. He explained whenever there are detours there are increases in traffic and drivers that are unfamiliar with the roads which could increase traffic accidents. PUBLIC HEARING: SPECIAL BOW HUNT REQUEST — SMITH'S ROLLING OAKSAREA Community Development Director Carlberg stated the hunters in Smith's Rolling Oaks are requesting the Council consider allowing a special bow hunt for deer from October 1, 2011 to December 31, 2011. Mr. Carlberg reviewed the history of adding language in 2001 to the City's firearm and bow hunting regulations to provide for allowing special hunts to control wildlife populations. This was done to accommodate the request of the Anoka County Parks Department to conduct a special hunt at the Bunker Hills Regional Park. He also provided additional background including what a special hunt should be used for, information regarding the special hunts at Bunker Hills Regional Park in the past and he outlined the request being presented. Councilmember Trade stated in the past farmers had requested special hunting permits due to the animals destroying their crops resulting in a destruction of their livelihood. She clarified the © Regular Andover City Council Meeting Minutes — September 20, 2011 Page 3 harvest objective for Bunker Hills Park was "0" for 2010 and 2011. She asked what the distance requirements were for Andover for the discharge of a bow because the lots in the Smith's Rolling Oaks neighborhood were less than 300 -feet wide. Community Development Director Carlberg stated Andover ordinances state a bow could not be discharged within 150 -feet of a residence unless it was your own. Mr. Carlberg presented a map of the Smith's Rolling Oaks neighborhood, showing 150 -feet distances. Motion by Councilmember Trade, Seconded by Councilmember Knight, to open the public hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:16 p.m. Mr. Don Wilson, 14920 University Avenue NW, provided a picture of his back yard with 13 deer in it. He had up to 22 deer in his yard and he would like to have the special hunt request approved so that this number can be reduced. He stated the DNR regulations allowed for hunters to track a wounded animal as long as the property was not posted. If a property owner requests a hunter leave their property then the hunter is required to leave immediately. The Smith's Rolling Oaks neighborhood is not requesting permission to hunt for the entire bow hunting season and the Council did grant a special hunt for two weekends last year. At the time of the approval it was the understanding of the residents that if there were no complaints or problems with the special hunt in 2010 the residents would be granted a longer season in 2011. He pointed out the safety hazards that deer pose with traffic accidents and deer ticks. Councilmember Trade asked City Attorney Baumgartner to review the City's code regarding what areas are included in the restricted areas and the exemptions that would allow for a special hunt in the Smith's Rolling Oaks area. City Attorney Baumgartner stated Ordinance 394; 7 -6 -10 establishes the restricted zones and the prohibited zones and this was explained in Chapter 4, Section 5 -4 -1, F. Chapter 4, Section 5 -4 -1, G.2 outlines the reasons the City may allow an exemption in the restricted areas. These reasons are: for the purpose of managing and controlling wildlife populations, provided the hunt has received support from the Minnesota Department of Natural Resources, for target shooting as an accessory use to a retail business or as a special event or competition, or for law enforcement training purposes. Mr. Jim Williams, 14810 University Ave NW, stated the residents of Smith's Rolling Oaks neighborhood had been in front of the Council last year with this same request and the Council had decided to open a special hunt as an experiment. There were no complaints or problems with the hunt last year. He stated the Council could grant the request on a permanent basis so the Council would not have to spend time and money each year reviewing the same request. © Ms. June Granander, 14800 Butternut Street NW, stated there was not 150 -feet between the homes in this neighborhood and she was concerned about the safety and quality of life of the Regular Andover City Council Meeting Minutes — September 20, 2011 She stated Andover's restrictions were more lenient compared to neighboring cities. Blaine required 500 -feet between homes for the discharge of a bow. She explained the proposed hunting should only be done if an overpopulation of deer was established and then a season should be established and carried out by professionals to ensure it is done humanely. Mr. Don Granander, 14800 Butternut Street NW, stated there are kids in this neighborhood and he is concerned about their safety if a special hunt is granted. He stated a special hunt should be granted if an over population is established and the season should be shortened to 3 -4 weeks in December. The City should establish a plan before a hunt is granted that outlines the number of deer that can be taken and the length of the season. He stated based on the City's ordinances it would not be legal to allow this hunt because the homes are closer than the required Mr. Stan Brouillard, 14732 Butternut St NW, stated he is opposed to this request. The DNR has determined a hunt is not necessary in the regional park and it should not be allowed in other areas stated the City should not allow a trophy hunt for residents within the City. He stated he had moved to recreational hunt is not feasible in a residential neighborhood. Ms. Marcie Murphy, 14826 Butternut St. NW, expressed concerns about the safety of residents because the property boundaries are not clear. She stated she will post her property but because the boundaries are not clear it will be difficult to ensure there are no hunters on her property. Ms. Arlene Elin, 137 Andover Boulevard, stated the population in Andover has increased and it is no longer a rural area. The hunting restrictions in Andover are more lenient than in neighboring cities and these restrictions should be reviewed by the City Council. The DNR determines when the hunting seasons are but it is up to the City to establish the guidelines and If a special hunt is needed due to overpopulation of deer then professionals should aunt. There are other places that hunters can go. Mayor Gamache asked how many deer /auto accidents there was each year in the City. Community Development Director Carlberg stated in the last 5 years there were approximately 80 -90 per year. In the Smith's Rolling Oaks area there have been: 12 in 2008, 10 in 2009, 26 in This area does not demonstrate a significant increase over other areas of the Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to close the public hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:44 p.m. © Regular Andover City Council Meeting Minutes —September 20, 2011 Page 5 Councilmember Bukkila stated there are 46 homes in the Smith's Rolling Oaks neighborhood and there are only 4 people at the meeting in support of having a special hunt. Last year those residents who had wanted to have the special hunt had provided more documentation to the Council and more feedback from the neighborhood. The special hunt that was granted last year was in response to an increased deer population and the City did not have the funds allocated in the budget to conduct a fly over to document the deer population. The Council had supported a special hunt in 2010. At this time there is not clear and consist documentation that supports a special hunt in 2011. The City's ordinance states a special hunt can be granted for population control and the documentation does not demonstrate significant neighborhood support. Mr. Ray Sowada, 14921 Butternut St NW, stated he did not feel the neighborhood would appreciate being asked every year to support this application. The petition had been supported last year and there had not been any complaints with the 2010 hunt. He stated the Council had told the residents last year that if there were no problems the request would be approved this year. If the Council approved this petition indefinitely then the residents would not have to come before the Council every year. © Councilmember Bukkila stated the Council did not guarantee the approval of a special hunt for 2011. It is up to the residents that are requesting the special hunt to do the work to show the Council the neighborhood is in support of this petition. There may be changes in the opinions of the residents since they gave approval last year. Councilmember Knight stated 7 Avenue has a significant higher number of vehicle /deer accidents then the Smith's Rolling Oaks area. Councilmember Trude stated Bunker Hills Park has chosen not to have a special hunt this year or last year. She stated the Council should review its ordinances and clarify them so they reflect the intent of the Council and allow for farmers to petition for special hunts. The Council should not spend every meeting, every fall, looking at petitions for small acreage properties requesting special hunting permits. The City had decided the prohibited and restricted areas and this should be what the City follows. The conditions outlined in the City Ordinance that allow for a special hunt have not been met. She stated she does not approve of the intimidation that has been happening and these hunters should be respectful of neighbors and government. Mayor Gamache clarified the permit that was granted in 2010 did not specify it was for does only. The hunt was approved in 2010 as an experiment and the Council did not guarantee approval for future requests. At this time the City has an opportunity to look at the ordinances and compare these to neighboring cities. The Council denied the Smith's Rolling Oaks request to be added to the unrestricted hunting area and at this time they are requesting a special hunt © permit only. Motion by Councilmember Trude, Seconded by Councilmember Bukkila to deny both special ® Regular Andover City Council Meeting Minutes — September 20, 2011 Page 6 bow hunting requests for the Smith's Rolling Oaks residents. The motion carried unanimously. PUBLIC HEARING. SPEC)AL BOW HUNT REQUEST — BARNES ROLLING OAKS AREA Community Development Director Carlberg stated a hunter in the Barnes Rolling Oaks area is requesting that the Council consider allowing a special bow hunt from October 1, 2011 to December 31, 2011. He provided the Council with background on what a special hunt should be used for and outlined the request being made. Mayor Gamache asked if the petitioner wished to continue based on the discussions and decision of the Council for the Smith's Rolling Oaks special hunt request. Mr. Chris Wallace, 225 Andover Boulevard, stated he would rescind his request unless there was a neighbor who wished him to continue with the request. Councilmember Trude clarified if the request was withdrawn then a public hearing would not be required. Mayor Gamache stated there was a resident in the audience that raised his hand and would like to have the application continue. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to open the public hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 8:03 p.m. Ms. Arlene Elin, 137 Andover Boulevard, stated she had talked with a number of her neighbors and they were not in support of this request. She had non - resident hunters on her property last year tracking deer and she would not like that to happen this year. There are places in the area that people can go hunting without having to hunt in their backyards and threatening the safety of residents. In the right setting a special hunt would be acceptable but this is not the right setting. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to close the public hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 8:07 p.m. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to deny the special bow hunting request for Barnes Rolling Oaks area. The motion carried unanimously. Q CONDITIONAL USE PERMIT (11 -04) FOR OUTDOOR DISPLAY, STORAGE AND Regular Andover City Council Meeting Minutes — September 20, 2011 Page 7 SALES FOR TIME TO THRIFT AT 13735 ROUND LAKE BOULEVARD Community Development Director Carlberg stated the applicant is proposing outdoor display, storage, and sales along the front of their leased property. He reviewed the criteria of City Code 12 -14 -6 and the fire department review, which requires the canopy to have fire suppression systems or not allow the storage of combustible items. He stated the Planning Commission recommended approval of the conditional use permit with an additional condition that no combustible items be displayed outdoors. Councilmember Knight clarified the area that is being requested is up to 4 -feet in front of the full length of the store. Community Development Director Carlberg stated this is correct but the area in front of the door would be kept clear. Councilmember Trude clarified the applicant was asking for approximately 120 square feet of additional sales space in the front of their store and they have approximately 3,000 square feet inside of their store Community Development Director Carlberg stated this was correct. Mayor Gamache stated the City has other facilities, such as Festival Foods and County Market that are allowed to have displays outside. He asked if these facilities had fire suppression sprinklers in their canopies. Community Development Director Carlberg stated Festival Foods has a sprinkler system in the canopy but he was not sure about County Market. Councilmember Trude stated she had talked with the Fire Marshal and there are not concerns with items such as plants but rather with highly combustible items. It will be up to the Fire Marshal to determine what is combustible and what is not. She asked if having combustible items on display was the major issue with this request. She stated she did not like the idea of every retail store in the City displaying merchandise outside. This makes it look like a continual sidewalk sale. Mayor Gamache stated it is not uncommon for thrift stores and consignment shops to display their merchandise outside. This draws people into their stores. He stated the Council should not deny Time to Thrift the ability to display outside when County Market, which is located in the same mall displays outside. © Community Development Director Carlberg stated the concerns from the Fire Department were addressed with the addition of Condition 3. Only non - combustible items shall be displayed outdoors. The Fire Department and the applicant could work together to determine what items ® Regular Andover City Council Meeting Minutes —September 20, 2011 Page 8 would be considered combustible and non - combustible. Councilmember Trude stated she was concerned about approving the 4 -feet being requested. This would make it difficult for people with wheelchairs to get through because the merchandise would be too close to the pillars located outside of the store. This would also obstruct the curb cuts. Displaying merchandise outside should be done when there is a sidewalk sale, seasonal sale or going out of business sale but not for general business. The City needs to consider if this request is approved then the other stores in the City may request the same thing and this could lead to a problem in the City. There may be items displayed that the City would not find appealing. She asked if this would be the new look of Andover the City wants to promote. There are smaller, singular items such as plants that could be put in front of stores to promote business and draw attention. She stated the store has three large windows that can be used to display signs and merchandise to draw attention. Ms. Jackie Egan, Time to Thrift, clarified the amount of space being requested was 4 -feet wide and by 25 -feet. It would be 29 -feet in length due to the 4 -feet clearance for the doors. She stated there is a consignment store in the same mall that also displays things outside without a Conditional Use Permit. She was not made aware of this requirement until the City had I approached her because of a complaint they received. She would like to be able to display merchandise outside like the other businesses in the mall. If she had known there would be chance that the Conditional Use Permit would not be approved because the canopy did not have sprinklers she would not have paid the $1,000 application fee. She stated she has looked at other businesses in the City and there are violations throughout the City. The owner of the building has approved her request to display merchandise outside. Community Development Director Carlberg clarified the other consignment store would also be applying for a Conditional Use Permit to display merchandise outside. They do not have one at this time. Mayor Gamache stated having merchandise in front of the store would draw in people and increase business. It is not uncommon for these types of businesses to display merchandise outside. The pictures provided show the store keeps the merchandise close to the wall and keeps the sidewalk open. It also appears the merchandise is no more than 3 -feet in front of the store. He asked if Ms. Egan would be agreeable to reducing the maximum requested to 3 -feet. He asked if this would allow for wheel chair access. Ms. Egan stated she would be agreeable to reducing the maximum request to 3 -feet. She explained with the type of construction materials of the building there would be no way for things to catch fire in front of the building. She asked why her business was being targeted for this particular violation. ® Community Development Director Carlberg stated the space between the merchandise and the edge of the sidewalk would comply with the ADA requirements. Regular Andover City Council Meeting Minutes — September 20, 2011 Page 9 Councilmember Trade explained the sprinkler requirement for the canopy was part of the fire code and the City could not change this. The Fire Department is willing to allow merchandise as long as it is non - combustible. The Fire Chief will need to determine what is considered combustible and non - combustible. Mayor Gamache stated relative to code violations the City operates on a complaint basis. When there is a complaint the City will respond to this but the City does not have the staff needed to proactively go through all the businesses in the City and look for every violation. City Administrator Dickinson stated the Fire Department has done additional inspections and sent out letters to businesses that are violating City Fire codes but this is not part of the City's daily routine. Once the City received the complaint for Time to Thrift based on the complaint policy of the City staff were required to respond, because the business was found to be in violation of the City codes the Conditional Use Process was started to bring the business back into compliance. Mayor Gamache stated the City should be open to these requests for this type of business as long as there is adequate space on the sidewalk to allow wheel chairs to pass and the fire codes are being followed. Ms. Egan clarified she is not asking for the Council to allow her to display combustible merchandise. She would just like to be able to display the type of boutique and household furnishings and other items she sells. Councilmember Trude stated the Council needs to follow the process set forth by the City codes and this includes applying for the permit, the Fire Department and Law Enforcement can review the request, then review by the Planning Commission, and approval by the City Council. The Fire Department and fire codes need to be followed and these are not negotiable. Councilmember Bukkila suggested reducing the maximum amount of space to 3 -feet from the front door and only on the side of the store opposite from the Panda Garden. This would allow for space on the sidewalk. Ms. Egan stated removing the merchandise from beside Panda Garden would not be advantageous. She has talked with the owners of Panda Garden about possibly putting together a promotional card for both businesses. She would like to be able to keep merchandise on this side of the front door. Councilmember Trude suggested allowing a maximum of 3 -feet in front of the store the width of © the stores windows. This would decrease the overall length. She also suggested limiting the type of merchandise that can be displayed beyond just being non - combustible. Regular Andover City Council Meeting Minutes — September 20, 2011 Page 10 Motion by Councilmember Knight, Seconded by Mayor Gamache to approve Conditional Use Permit 11 -05 for outdoor display, storage, and sales for Time to Thrift at 13735 Round Lake Boulevard with a maximum width of 3 -feet on the sidewalk. Councilmember Trude stated she would not support this motion for the full length of the store. Councilmember Bukkila stated she would like to see the amount of space reduced as well. The motion was called to a vote. The motion failed 2 ayes, 2 nays (Trade, Bukkila). Ms. Egan stated she would be agreeable to reducing the amount of space but not eliminating the ability to display on both sides of the entrance. City Administrator Dickinson suggested limiting the display area to 9 -10 -feet on either side of the door. Councilmember Trude asked if Ms. Egan would be agreeable to limiting the display area to just in front of the windows. She also suggested Ms. Egan put up signs to advertise her business rather than increase the amount of outdoor merchandise that is displayed. Ms. Egan explained displaying merchandise outside allowed people to know what type of merchandise she had and also did not add expenses she did not need. Councilmember Bukkila clarified the area being recommended for display was the inside frame of the window closest to the door and the same distance on the other side of the door. This would keep the area from becoming cluttered and still allow wheel chair access. The City needs to consider the future implications of what they are being asked to approve. It is not just the request of one business but it could potentially lead to other businesses asking for the same thing and this could cause problems in other areas of the City. Community Development Director Carlberg stated staff could make this measurement and add the exact numbers into the Conditional Use Permit. Councilmember Trude stated the City has not allowed outside merchandising to this degree and she would like to see the City limit the type of merchandise that can be displayed. She suggested adding Condition 4 limiting the merchandise that can be displayed to the merchandise of the current tenant only and Condition 5 the CUP would be reviewed annually and additional restrictions applied as determined by the City Council. If there were complaints received by the City this would allow the City an opportunity to change the restrictions on the CUP. She would © also like to add Condition 6 stating the CUP would terminate at the end of the lease of the current tenant. © Regular Andover City Council Meeting Minutes —September 20, 2011 Page 11 Community Development Director Carlberg stated Conditional Use Permits are applied to the facility not the tenant and would expire if the Conditional Use Permit is not used for a period of 1 -year. City Attorney Baumgartner explained under 462.3595 subd 3, the Conditional Use Pen shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of conditional uses. As long as the user maintains and follows the conditions of this permit then it will remain in effect. The City could limit the items that are displayed beyond non - combustible merchandise but the CUP would be for the property not the tenant and as long as the conditions of the CUP are being maintained then the CUP would not terminate. City Administrator Dickinson explained the owner of the property had approved the display of merchandise outside. He suggested the City consider limiting the merchandise to boutique and household furnishings. Mayor Gamache asked what the City was agreeing to by approving the proposed CUP. Community Development Director Carlberg stated with the 3 conditions as they are proposed the City would be allowing any non - combustible merchandise to be displayed in the 4 -foot by 29- foot area in front of the Time to Thrift location for this tenant and any future tenants as long as the conditions of the CUP are followed. The CUP would no longer be in effect after a period of 1 -year of nonuse. Councilmember Trude asked if the City would need to limit the hours the merchandise can be displayed. Community Development Director Carlberg explained the merchandise can only be displayed during the hours of operation for the business. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve Conditional Use Permit 11 -04 for outdoor display, storage, and sales for Time to Thrift at 13735 Round Lake Boulevard with the following conditions: 1. Changing the maximum to 3 -feet and the exact width to be established by staff based on the direction of Council, 4. Limit the merchandise that can be displayed to boutique merchandise and home furnishing owned by the current tenant and 5. The CUP may be reviewed annually and additional restrictions may be imposed. Community Development Director Carlberg explained if someone were not complying with the conditions of the CUP then the City would address this or could possibly revoke the CUP. Councilmember Trude asked if the applicant could display more items than what is approved. Community Development Director Carlberg stated the applicant would have to amend their CUP and have this approved by the City Council. ® Regular Andover City Council Meeting Minutes —September 20, 2011 Page 12 City Attorney Baumgartner suggested adding Condition 6. The applicant must comply with all applicable City ordinances and State laws. Councilmember Trude suggested staff look at refunding a portion of the application fee for Ms. Egan due to the misunderstanding she has encountered with the Fire Code issues. City Administrator Dickinson stated he would review the fee and the costs the City has incurred with this application and determine a refund amount for the applicant. The motion with the addition of the recommended Condition 6 suggested by the City Attorney was called to a vote. The motion carried unanimously. (See Resolution R074 -11) CONDITIONAL USE PERMIT (11 -05) FOR OUTDOOR STORAGE AND INTERIM PERFORMANCE STANDARDS AT 3.160 162 LANE NW in Community Development Director Carlberg stated Elite Contractors is proposing to construct a new building for storage of vehicles and equipment related to their business. He explained the plan including new landscaping, proposed sign location, a new well, new drain field, and potential future garage site. He reviewed the criteria from City Code 12 -14 -6 B and the interim performance standards from City Code 12- 13 -22. Staff is recommending approval of the proposed conditional use permit for outdoor storage and the interim performance standards as described and the Planning Commission unanimously recommended approval. Mayor Gamache asked if the landscaping plans met all of the City's requirements. Community Development Director Carlberg explained the plan did not meet all of the City's requirements but under the interim performance standards the City could accept less than the standard requirements. Councilmember Trude suggested additional screening such as bushes should be added to screen the garage and storage area. Staff would need to determine the appropriate amount of bushes to accomplish this. Councilmember Bukkila asked if the building standards were being compromised for the proposed garage. She stated she would like to see the outdoor storage area screened rather than the building. © Community Development Director Carlberg stated the building would be similar to what is in that area. He stated the applicants would not be opposed to doing additional screening of the outdoor storage along Round Lake Boulevard. Regular Andover City Council Meeting Minutes — September 20, 2011 Page 13 Motion by Councilmember Trade, Seconded by Councilmember Knight, to approve Conditional Use Permit (11 -05) for outdoor storage and interim performance standards at 3160 162 " Lane NW with the following changes: item C. Screening of the outside storage area shall be provided by a chain link fence with slats that are similar in color to the proposed building and additional landscaping as approved by the Andover Review Committee (ARC) following the Council meeting of September 20, 2011. All dumpsters shall be similarly screened and item D. The landscaping shall be installed and maintained as approved by ARC during the term of the CUP. The motion carried unanimously. (See Resolution R075 -11) APPROVAL OFMINUTES August 23, 2011, Workshop Meeting: Councilmember Trade requested the following change: page 2, line 9 should be changed to " Councilmember Jacobson stated the paving of the City's park parking lots is included in this plan, but given the substantial cost the Parks Commission may want to reconsider this expenditure." Councilmember Trade requested the following change: page 2, line 19 should be changed to "including amenities for children rather than for cars, in our rural parks, due to the current shortage of funds." Councilmember Trade requested the following change: page 3, line 27 should be changed to " Councilmember Trade suggested the Park Commission consider limiting the mini shelters with grills to higher density housing areas because neighborhoods with single family homes tend to have their own grills." Councilmember Trade requested the following change: page 5, line 10 should read "neighborhood had done the work to save money to purchase more equipment." Councilmember Trade requested the following change: page 5, line 13, add "Mr. Haas explained the playground construction is no longer hired out, but done in house so there would be no savings with a self build." Councilmember Trade requested the following change: page 6, line 17 should be changed to "She stated a potential location could be on the south side of Andover Boulevard, across from the High School. Another suggested location could be across from Sunshine Park on Crosstown Boulevard and Nightingale Street, the city is purchasing this property." Councilmember Trade requested the following change: page 7, lines 30, 31, and 32 should be changed to "met these requirements. She continued stating that the standards allow for a time ® Regular Andover City Council Meeting Minutes —September 20, 2011 Page 14 extension on approved projects." Councilmember Trade requested the following change: page 8, line 20 the word "are" should be changed to "were ". Councilmember Trade requested the following change: page 9, line 40 the word "sited" should be changed to "cited ". Councilmember Trade requested the following change: page 12, line 9 the words "sanitary sewer" should be replaced with "water main ". Councilmember Trade requested the following change: page 12, line 12 should read "A future sanitary sewer pipe can be run through the wetlands to serve this area, as long as the wetlands are restored." Councilmember Trade requested the following change: page12, line 14, the first sentence should read " Councilmember Trade stated it would be a good idea for the City to consider installing sanitary sewer along with the water for future development of this area." Councilmember Trade stated on page 14, line 3 was a misstatement. She asked Councilmember Bukkila if this was a correct statement because she saw the YMCA program as an expansion of what the City had. Councilmember Bukkila stated the minutes reflect what she had said. Motion by Councilmember Trade, Seconded by Councilmember Knight, to approve the August 23, 2011, Workshop Meeting minutes as amended. Motion carried unanimously. September 6, 2011, Regular Meeting: Councilmember Trade clarified there were three lots the City was looking at acquiring. City Administrator Dickinson stated there were four lots total and the City owned one of these lots. Motion by Councilmember Trade, Seconded b y Councilmember Bukkila to approve the September 6, 2011, Regular Meeting minutes as presented. The motion carried unanimously. SCHEDULE EDA MEETING Motion by Councilmember Trade, Seconded by Councilmember Bukkila to schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the October 4, 2011 City Council meeting. The motion carried unanimously. Regular Andover City Council Meeting Minutes —September 20, 2011 Page 15 SCHEDULE OCTOBER WORKSHOP Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to schedule an October Council workshop for October 25, 2011 at 6:00 p.m. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on the administration and city department activities, legislative updates, an update on development/CIP projects and meeting reminders /community events including the joint workshop scheduled next week with the Community Center Advisory Commission and the turnout for Recycling Day. He also stated the trees have been marked along South Coon Creek Drive that are within the right -of -away. There are 42 new construction homes in the City for 2011 and the budget was for 35. The YMCA and the Community Center came together and worked with Foundation Hill Montessori during their water main break. Quotes for the Woodland Estates drainage project will be received and reviewed with a potential of starting the project by the end of September. Councilmember Trude asked how many trees would be affected by the South Coon Creek Drive project. She stated she does not want a wholesale removal of trees just because they are in the 5- foot zone. City Administrator Dickinson stated the final design has not been completed so the exact number of trees needed to be removed has not been determined. Community Development Director Carlberg stated he had taken the Rum River tour and felt this is a wonderful asset for the community. He recommended residents view the City's website and the new Economic Development link and provide any comments or feedback H Regular Andover City Council Meeting Minutes — September 20, 2011 Page 16 MAYORICOUNCIL INPUT (Condolences to Abeler) Mayor Gamache expressed condolences to Representative Abeler for the loss of his son, Josiah. Representative Abeler had been helpful to the residents of Andover and is well known in the community. (City's Website) Councilmember Trude stated the City's website looks more professional and she had enjoyed Community Development Director Carlberg's presentations of it to the Planning Commission. (Open City Council position) Councilmember Trude stated the Council has begun interviewing for the open City Council position and will be continuing interviews and making a decision in the near future. ADJOURNMENT Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:33 p.m. Respectfully submitted, Tina Borg, Recording Secretary H Regular Andover City Council Meeting Minutes —September 20, 2011 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —SEPTEMBER 20, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 CONSENTITEMS .......................................................................................... ............................... 1 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Receive Assessment Roll/Order Public Hearing/11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction (See Resolution R072- 11) ........................................... ............................... 2 Item 4 Declare Cost/Order Assessment Roll/10 -30/ Crosstown Drive NW Reconstruction (See Resolution R073- 11) .................................................................... ............................... 2 Item 5 Approve Quote/Paving Project for Public Works ......................... ............................... 2 Item 6 Approve Wine License /State of Bean ............................................ ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 PUBLIC HEARING:SPECIAL BOW HUNT REQUEST SMITH'S ROLLING OAKS AREA.. 2 PUBLIC HEARING: SPECIAL BOW HUNT REQUEST — BARNES ROLLING OAKS AREA ..................................................................................................................... ............................... 6 CONDITIONAL USE PERMIT(11 -04) FOR OUTDOOR DISPLAY, STORAGE AND SALES FOR TIME TO THRIFT AT 13735 ROUND LAKE BOULEVARD (See Resolution R074- 11) ................................................................................................................ ............................... 6 CONDITIONAL USE PERMIT(11 -05) FOR OUTDOOR STORAGE AND INTERIM PERFORMANCE STANDARDS AT 3160 -162 LANE (See Resolution R075- 11) ............. 6 APPROVAL OF MINUTES .......................................................................... ............................... 13 SCHEDULE EDA MEETING ....................................................................... ............................... 14 SCHEDULE OCTOBER WORKSHOP ........................................................ ............................... 14 ADMINISTRATOR'S REPORT ................................................................... ............................... 15 MAYOR/COUNCIL INPUT ......................................................................... ............................... 16 (Condolences to Abler) .................................................................................. ............................... 16 (City's Website) ............................................................................................. ............................... 16 (Open City Council position) ......................................................................... ............................... 16 H