City Council

REGULAR ANDOVER CITY COUNCIL MEETING – JUNE 6, 2017 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, June 6, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mary Froberg, 3788 139th Lane came to a Council meeting in May to express her concern regarding taking the stop signs down in her neighborhood. She stated she has since gone through the neighborhood and wanted to present to the Council a signed petition with 174 names. She spoke to residents in 171 homes and spoke with 181 residents with 7 declining to sign the petition and 2 residents did not speak English. She confirmed the neighbors responded overwhelmingly. Mayor Trude asked staff to make a pdf of the petition and send it to all Councilmembers. Ms. Froberg expressed her concern regarding it being dangerous to walk in the neighborhood. She indicated that neighbors had been parking cars on the street to slow down the traffic. She asked the Council to confirm next steps. Mayor Trude thanked Ms. Froberg for her citizenship and for bringing the issue to the Council’s attention. She asked the Council take the matter to the June workshop and asked for law enforcement to be present, if possible, to add additional information. Mr. Dickinson confirmed he will invite Ms. Froberg to the meeting. She was also told she could bring a few other spokespersons. The City Engineer will also have information to bring to the meeting. Mayor Trude noted that speeding in neighborhoods is the number one crime in Regular Andover City Council Meeting Minutes – June 6, 2017 Page 2 Andover and that people who ran the stop signs in the neighborhood were ticketed. Mr. Dickinson confirmed he would add the concern to a workshop agenda and possibly bring the issue back to the Council at the meeting, at the end of July, for a decision. Mayor Trude announced that the June workshop is scheduled for June 27th at 6:00 p.m. Agendas are posted on the City’s website the Friday before the meeting. Tony Peterson came to the Council meeting representing the Andover Hockey Association. The Association announced a donation to the City’s Community Center for a new scoreboard at the hockey arena. The existing scoreboard will be moved to the south wall so there will be a scoreboard on both ends of the rink. The Mayor thanked Mr. Peterson and the Association for their generosity and in making an improvement to the City. AGENDA APPROVAL An addition item was added to the agenda as Item 12A – Massage Establishment License/15824 Olive St. NW. Motion by Holthus, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 16, 2017, Workshop Meeting: Correct as amended. Mayor Trude requested a correction on page 4, line 14 to replace “business” with “busyness.” Motion by Knight, Seconded by Goodrich, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Petition/Order Feasibility Report/1/17-38/2462 – 138th Ave. NW/WM (See Resolution R044-17) Item 4 Accept Resignation of Darrin Hansen, Streets Maintenance Worker Item 5 Request to Waive Tournament Fee for The Heroes Tourney-Tribute to MN Troops Item 6 Approve Final Plat Catchers Creek 2nd Addition – Mark Smith (See Resolution R045-17) Item 7 Final Plat PSM Addition (Replat of Clocktower Commons) – Classic Construction (See Resolution R046-17) Item 8 Approve Extension of Liquor License/Beef O’Brady’s Item 9 Approve Resolution Accepting Contribution from the Andover Youth Hockey Association/Andover Community Center (See Resolution R047-17) Item 10 Approve Refuse/Recycler Hauler Licenses Regular Andover City Council Meeting Minutes – June 6, 2017 Page 3 Motion by Goodrich, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER VARIANCE – ADDITION TO ACCESSORY STRUCTURE – 16422 HANSON BLVD NW Mr. Janish explained Ms. Jill Huston submitted a variance request for her property located at 16422 Hanson Boulevard NW. The request is in regard to the current lot size and a proposed 17 foot x 20 foot building addition. This property currently has a Conditional Use Permit to operate a dog kennel which was approved in 1988. The variance proposed is to add an addition to an accessory structure which exceeds the total square footage of land covered by the foundation of the principal structure by 20 square feet. The Planning and Zoning Commission recommended to deny the request on a 3 to 1 vote (3 absent). Mr. Janish reviewed the information with the Council. Councilmember Goodrich asked if the taxes are current. Mr. Janish indicated the taxes must be paid in full by both parties, prior to October, for to the contract-for-deed to be recorded. Councilmember Holthus clarified there are 3 options, to pay taxes, wait to add on, or to make the structure a bit smaller. Mayor Trude indicated she had looked at the variance provision in the City Code. She noted it just so happens that the proposed structure is 20 square feet larger than their house. She expressed the homeowner is really asking the Council for a waiver of time during a limited building time. She would like to see this as an option because the homeowner cannot control if the other owner pays their taxes early. Councilmember Goodrich asked if anyone was behind on their taxes. Mr. Janish confirmed they are not. Mayor Trude noted if the request was not approved, the petitioner would have to add on to the house to add on to the accessory building as requested. Councilmember Bukkila noted the property owner knew what they were buying. She expressed that the property tax payment does not really seem fair because it only gives someone a 3-month window to build without the added expense. She wondered why a variance would be needed for something like this. Councilmember Goodrich asked if the transaction was solid. The applicant responded they had a fully executed agreement, and were waiting to take it to the courthouse to record. Mark Anderson, the General Manager of Dover Kennel, addressed the Council. He assisted the Regular Andover City Council Meeting Minutes – June 6, 2017 Page 4 owners in purchasing the property, but has never been involved in a land split with a contract- for-deed. The kennel business has need for additional office area, reception, storage and utilities. The purchase of the land was an afterthought and got linked when it was decided to put up the addition. The facility would need to be redesigned if the variance was denied. Mr. Anderson stated there was a down payment, and there is a 10-year contract-for-deed. The owners have already been making payments. The neighbors will not have taxes paid up until October. The best time to build is over the summer. Motion by Bukkila, Seconded by Knight, to approve Resolution No. R048-17, variance request to add an addition to an accessory structure which exceeds the total square footage of land covered by the foundation of the principal structure, located at 16422 Hanson Boulevard NW. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT – MASSAGE THERAPY HOME OCCUPATION – 15824 OLIVE ST NW – LISA SCHOLL Mr. Janish explained the applicant is seeking a CUP for an in-home massage therapy business. Therapeutic massage is permitted as a conditional use in an R-4 Single Family-Urban zoned district as a home occupation. The Planning and Zoning Commission recommended approval on a 4-0 (3 absent) vote with the addition of condition #4 that there shall be no more than five clients per day. Mr. Janish reviewed the information with the Council. Mayor Trude asked about additional information received. Mr. Dickinson stated the licenses should be approved separately. Motion by Knight, Seconded by Holthus, to approve Resolution No. R049-17, approving a CUP for an in-home therapeutic massage service. Motion carried unanimously. MASSAGE ESTABLISHMENT LICENSE/15824 OLIVE ST NW Mr. Dickinson reviewed the information with the Council. Motion by Goodrich, Seconded by Bukkila, to approve Resolution No. R050-17, approving a massage establishment license. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT – EXTERIOR STORAGE, UPPER MIDWEST ATHLETIC CONSTRUCTION – 3017 161ST AVE NW Mr. Janish explained the CUP request for exterior storage at the property located at 3017 161st Avenue NW. The business is currently located in Ramsey, but they want to move their business to Andover. As part of this project, the applicant will need to go through the Commercial Site Plan process, if the City Council provides approval of this particular request. Screening was discussed and will be evaluated. There is a natural 3-foot berm. Mayor Trude thanked Mr. Janish for the good report. Regular Andover City Council Meeting Minutes – June 6, 2017 Page 5 The property to the east will eventually be commercial buildings as well and is zoned industrial. The owner, Mr. Hicks, stated storage would not go above the fence line and there would be a 6- foot fence on a 3-foot berm, so storage would not go higher than that. Councilmember Holthus asked if the trees would remain. Mr. Hicks replied he planned to plant more trees for additional screening. Trees where the storage is going will need to be taken down, but he plans to keep everything else that is there. Motion by Bukkila, Seconded by Knight, to approve Resolution No. R050-17, approving a CUP request for exterior storage. Motion carried unanimously. CONSIDER – CITY CODE AMENDMENTS TO TITLE 12 ZONING REGULATIONS AND TITLE 13 PLANNING AND DEVELOPMENT Mr. Janish explained the Comprehensive Plan Amendment (CPA) request to allow the subdivision of land within the Rural Reserve District into parcels smaller than what is currently allowed in the Comprehensive Plan. The zoning text amendment should only be noticeable when landowners attempt to split their property. Both ordinances would allow for property owners to have up to 1 unit per 10 acres vs. the historical requirement of 1 unit per 20 acres. Each ordinance then specifies the requirements of the splitting process and when a split would require a public hearing and the process in which the proposed split would be reviewed. Staff has proposed adding a new section to Title 13 while modifying the existing section. This creates a 1A and 1B. The creation of two “1’s” will allow for individuals to continue to split land as they do currently in other areas of the City and 1B would apply to property within the Rural Reserve area. As proposed by the Planning and Zoning Commission (DRAFT A), an administrative lot split is not an option for land owners and all splits would be done through a public hearing process. DRAFT B would result in all administrative splits being reviewed by ARC. These splits would not be able to create lots under 10 acres in size and would not be able to involve new roadways for public infrastructure. The ordinance allows for the use of “public” domain information on the remnant parcels (parcels that do not expect to have homes on them). This in theory should help to keep costs down for applicants that desire to split property within the Rural Reserve, yet still provide enough detail for the City to perform and appropriate review. Mr. Janish reviewed the information with the Council. Councilmember Holthus stated she really wants the Packer Family to be able to do what they Regular Andover City Council Meeting Minutes – June 6, 2017 Page 6 want to do on their property. She also wants to make sure they do not make any mistakes and that other owners are informed in the Rural Reserve. Mr. Janish clarified if a public roadway was built, it would need to go to the Council for review. Mayor Trude indicated there are multiple property owners that would be able to split their land (likely less than a dozen). Councilmember Goodrich indicated he would like to stay to practices in the Seven County Metro area. Councilmember Bukkila asked if there was a compliance issue or request on behalf of Met Council. Her overall theory is for government to get out of the way. She expressed support for B, followed by Councilmember Goodrich. Councilmember Knight also agreed. Councilmember Holthus inquired if a developer wanted to put in a road, would it need a public hearing and would it need to go to the Planning & Zoning Commission for review. Mr. Janish replied that would be the case. Councilmember Holthus expressed support for Draft B. Motion by Bukkila, Seconded by Knight, to approve Ordinance No. 468, (DRAFT B) amending City Code Title 12 and 13 Zoning Regulations. Motion carried unanimously. CONSIDER – REZONING OF RURAL RESERVE RESIDENTIAL DISTRICT Mr. Janish explained the request to rezone lands designated as Rural Reserve from R1 – Single Family Rural to RR – Rural Reserve Residential. The rezoning of the Rural Reserve area coincides with the proposed Comprehensive Plan Amendment and Zoning Amendments the Planning and Zoning Commission and City Council previously reviewed. The Planning and Zoning Commission recommended approval on a 4-0 (3 absent) vote. Councilmember Knight noted it was mostly peat land and had been used by farmers for many years. Mr. Janish stated this will be evaluated as part of the Comprehensive Plan update. Mr. Dickinson indicated the flood plain designation will affect this. Mr. Dickinson stated the peat in this area is deeper than some areas where buildings have been built. It is preliminary to know what will happen. Mayor Trude commented the City has been accommodating people who want to build homes on their own property and that there are a lot of barriers. The City is taking steps to let landowners use their property and in the future this land could potentially be rezoned. Mr. Janish reviewed the information with the Council. Motion by Goodrich, Seconded by Bukkila, to approve Ordinance No. 469, amending City Code Regular Andover City Council Meeting Minutes – June 6, 2017 Page 7 Title 12-3-4, the zoning district map of the City of Andover. Motion carried unanimously. CONSIDER ORDINANCE SUMMARY PUBLICATION Mr. Janish reviewed the information with the Council. Motion by Bukkila, Seconded by Knight, to approve Ordinance No. 468 & 469 Summary for publication. Motion carried unanimously. ADMINISTRATOR’S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Meetings) Mr. Dickinson attended a meeting with Anoka County local government officials regarding emergency operations. Fire Chief Jerry Streich gave a good presentation. There were good networking opportunities at that meeting and he was happy to help the County on other issues. Budget work is happening now to give the Council plenty of time to review and consider the 2018 budget. (New Homes) 58 new homes have been permitted and others are expected. The city will meet the budget target for 2017. (Public Safety) Public safety will be the main focus at the next Council workshop meeting being held at the Fire Station. Department head roles are being assigned for Emergency Management Operation. Mr. Dickinson reassured the Council that work is happening and the City will be prepared. MAYOR/COUNCIL INPUT (Joy Kitchen) Mayor Trude noted Joy Kitchen has opened at The Shops @ Andover. The menu has a wide variety. There are other restaurants looking for land in the area. (Door-to-Door Sales) Mayor Trude cautioned residents that permits/background checks are required for door-to-door sales. The Sheriff’s Office is happy to ask questions. (Speeding) Mayor Trude encouraged residents to keep speeds down in neighborhoods now that school is out. (School) Councilmember Holthus congratulated the high school graduates and noted Thursday is the last day of school. (Burglaries) Councilmember Bukkila encouraged residents to put garage door openers out of sight and to lock car doors and to put purses and other things out of sight near doors in the home. Regular Andover City Council Meeting Minutes – June 6, 2017 Page 8 Do not investigate suspicious behavior yourself, instead call 911. Councilmember Knight encouraged removal of cell phones from cars and for neighbors to watch out for neighbors. Councilmember Goodrich referred to the rash of burglaries as crimes of opportunity. (Accessory Buildings) Councilmember Bukkila asked for a review of accessory buildings and foot prints, at a future workshop, particularly in rural areas. (Road Closing) Mayor Trude noted the closing of Bunker Lake Boulevard for the summer, starting the following week. This is the work of the County, not the City. ADJOURNMENT Motion by Holthus, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:38 p.m. Respectfully submitted, Marlene White, Recording Secretary Regular Andover City Council Meeting Minutes – June 6, 2017 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – JUNE 6, 2017 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 RESIDENT FORUM.......................................................................................................................1 AGENDA APPROVAL.................................................................................................................. 2 APPROVAL OF MINUTES........................................................................................................... 2 CONSENT ITEMS..........................................................................................................................2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Accept Petition/Order Feasibility Report/1/17-38/2462 – 138th Ave. NW/WM (R044- 17) ....................................................................................................................................... 2 Item 4 Accept Resignation of Darrin Hansen, Streets Maintenance Worker........................... 2 Item 5 Approve Request to Waive Tournament Fee for The Heroes Tourney-Tribute to MN Troops.................................................................................................................................. 2 Item 6 Approve Final Plat Catchers Creek 2nd Addition – Mark Smith (R045-17)................. 2 Item 7 Final Plat PSM Addition (Replat of Clocktower Commons) – Classic Construction (R046-17).............................................................................................................................2 Item 8 Approve Extension of Liquor License/Beef O’Brady’s................................................2 Item 9 Approve Resolution Accepting Contribution from the Andover Youth Hockey Association/Andover Community Center (R047-17).......................................................... 2 Item 10 Approve Refuse/Recycler Hauler Licenses....................................................................2 CONSIDER VARIANCE – ADDITION TO ACCESSORY STRUCTURE – 16422 HANSON BLVD NW/DOVER KENNEL (R048-17).................................................................................3 CONSIDER CONDITIONAL USE PERMIT – MASSAGE THERAPY HOME OCCUPATION – 15824 OLIVE ST NW – LISA SCHOLL (R049-17).............................................................. 4 MASSAGE ESTABLISHMENT LICENSE/15824 OLIVE ST NW............................................. 4 CONSIDER CONDITIONAL USE PERMIT – EXTERIOR STORAGE, UPPER MIDWEST ATHLETIC CONSTRUCTION – 3017 161ST AVE NW (R050-17).........................................4 CONSIDER – CITY CODE AMENDMENTS TO TITLE 12 ZONING REGULATIONS AND TITLE 13 PLANNING AND DEVELOPMENT (Ord. 468)..................................................... 5 CONSIDER – REZONING OF RURAL RESERVE RESIDENTIAL DISTRICT (Ord. 469)......6 CONSIDER ORDINANCE SUMMARY PUBLICATION (Ord. 468 & 469 Summary)..............7 ADMINISTRATOR’S REPORT.................................................................................................... 7 (Meetings)....................................................................................................................................7 (New Homes)...............................................................................................................................7 (Public Safety)............................................................................................................................. 7 MAYOR/COUNCIL INPUT...........................................................................................................7 (Joy Kitchen)............................................................................................................................... 7 (Door-to-Door Sales)................................................................................................................... 7 (Speeding)....................................................................................................................................7 (School) ………………………………………………………………………………………...7 (Burglaries).................................................................................................................................. 8 (Accessory Buildings)................................................................................................................. 8 Regular Andover City Council Meeting Minutes – June 6, 2017 Page 10 (Road Closing).....................................................................................................................8 ADJOURNMENT........................................................................................................................... 8