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HomeMy WebLinkAboutCC - June 19, 2012ANDOVEA T Y O F © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, June 19, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Special Presentation — Center Point Energy Partnership Grant Agenda Approval 1. Approval of Minutes (6/5/12 Regular; 6/5/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Lease Agreement with Anoka- Hennepin School District /2012 Andover Family Fun Fest — Finance 4. Approve Revisions to Dugouts /Sunshine Park - Engineering 5. Approve Easement /11 -10 /South Coon Creek Drive NW Reconstruction — Engineering 6. Approve Final Plat/Arbor Oaks — Planning 7. Accept Contribution/Sweet Toppings LLC/Hickory Meadows Park - Finance Discussion Items © 8. Anoka County Sheriff's Office Monthly Report — Sheriff 9. Consider Variance Request (12 -01) to City Code 13 -1 -3 Frequency of Splitting Lots at 15873 Linnet St. NW - Planning Staff Items 10. Reschedule August 7, 2012 City Council Meeting —Administration 11. Schedule EDA meeting— Administration 12. Schedule July Workshop— Administration 13. Administrator's Report —Administration Mayor /Council Input Closed Session: Public Works Union Negotiations Update Adjournment L t , NDOVER^, REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 19, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 19, 2012, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Julie Trade, and Tony Howard Councilmember absent: Sheri Bukkila Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Fire Chief, Dan Winkel PLEDGE OFALLEGL4NCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache added Item 7a, Resignation of the Senior Planner to the agenda and stated there was supplemental information added to the monthly Sheriff's Report and the closed session scheduled will also include discussion on property negotiations for open space. Motion by Councilmember Knight, Seconded by Councilmember Trade, to approve the Agenda as amended with the supplemental agenda information. Motion carried unanimously. APPROVAL OFMINUTES June 5, 2012 Regular City Council Meeting Councilmember Trade stated on page 4, line 33, the word "in" should be changed to "is ". Councilmember Trade stated on page 11, lines 39 -40, insert "parking lot, and building" after baseball fields. Regular Andover City Council Meeting Minutes —June 19, 2012 Page 2 Councilmember Trude stated on page 13, in the motion strike the words "on the need for the preparation of and insert "denying the need for ". Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the June 5, 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. June 5, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the June 5, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. SPECIAL PRESENTATION— CENTERPOINT ENERGYPARTNERSHIP GRANT Mr. Scott Lehner, CenterPoint Energy, presented Fire Chief Winkel with a grant for $2,200 which would be used for the upgrade of the Fire Department's self contained breathing apparatuses. Fire Chief Winkel accepted the grant and thanked CenterPoint Energy for the grant. © CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Lease Agreement with Anoka- Hennepin School District /2012 Andover Family Fun Fest Item 4 Approve Revisions to Dugouts /Sunshine Park Item 5 Approve Easement /11 -10 /South Coon Creek Drive NW Reconstruction Item 6 Approve Final Plat /Arbor Oaks (See Resolution R060 -12) Item 7 Accept Contribution/Sweet Toppings LLC /Hickory Meadows Park (See Resolution R061 -12) Item 7a Accept Resignation of the Senior Planner and Authorize Human Resources to Begin Recruitment for a New Senior Planner Councilmember Howard asked if the lease agreement with Anoka - Hennepin School District is for the whole property or just the portion that has traditionally been used for the Family Fun Fest. Administrator Dickinson stated the lease is for the entire property and there will be a plan for relocating certain segments of the Fun Fest based on the weather or if any flooding may occur. Motion by Councilmember Knight, Seconded by Councilmember Howard, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT © Regular Andover City Council Meeting Minutes — June 19, 2012 Page 3 Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for May 2012 including 10 DUI arrests, 5 domestic assaults, and an incident that resulted in felony terroristic threats. Councilmember Trude asked if the person who had been the center of a search on Saturday had been located. Commander Halweg explained this person had been located. Mayor Gamache asked if the significant drop in DUI arrests was likely due to Pov's closing. Commander Halweg stated the number of DUI arrests has dropped significantly on the days that had been traditionally high when Pov's was open, Thursday evenings. Fire Chief Winkel acknowledged Commander Halweg's 10 -week training course at the FBI Academy in Quantico, Virginia. He stated there were three (3) people from Minnesota selected to attend the program and there were 48 states and 24 foreign countries represented at the training course. Mayor Gamache stated the Sheriff s Department would be participating in a mock major catastrophic drill this Saturday at Federal Cartridge. Fire Chief Winkel stated the Fire Department from Andover and surrounding communities would also be participating. Commander Halweg stated the annual Safety Camp had over 100 students this year and was a big success. Councilmember Trude stated there had been some problems with being able to distribute the flyers through the school due to the current policy the school district has for these types of announcements. She stated this process would be reviewed and the proper steps taken to get this information distributed through the schools. Councilmember Knight commended Commander Halweg for being selected to attend the training course at the FBI Academy. CONSIDER VARL4NCE REQUEST (12 -01) TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS AT 15873 LINNET STREET NW © Community Development Director Carlberg stated the applicant is seeking approval of a variance to allow two lot splits to occur without the 3 -year waiting period required by City Code 13 -1 -3. This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. In August © Regular Andover City Council Meeting Minutes — June 19, 2012 Page 4 of 1977 the City adopted Ordinance 40 to formalize a process for the splitting of lots by metes and bounds descriptions. This process is essentially a waiver of platting requirements. Staff could not find record of a variance being approved to allow splitting of multiple lots through the lot split ordinance after Ordinance 40 was adopted. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect other lots as they develop. Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. The Planning Commission reviewed this request and recommended denial with a 5 -1 split vote. He explained the difference between doing a lot split and going through the platting process would be in a lot split the City is only looking at the lot that is split off but in a plat the City would be looking at the entire site. Councilmember Knight asked if there had been any similar requests in the past that had not been approved by the City. Community Development Director Carlberg stated staff could not find any records of similar applications. Councilmember Trude clarified the City has had two (2) lot plat applications that have been approved but these had followed the City's procedures and gone through the platting process. The City's ordinances and laws encourage the platting process so the development can be reviewed as a whole to ensure proper drainage and easements. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site. The grading that had been done with the original Cardinal Ridge plat was done so the developer would not have to construct retaining walls to ensure proper drainage but this does not mean the lots are graded the exact same as the Cardinal Ridge lots. This property was not included in the approved Cardinal Ridge plat so the grading was not reviewed. Mr. Scott Allen, 155873 Linnet Street NW, Andover, explained he is requesting a variance allowing him to split and sell two (2) of his four (4) possible lots at this time. The two (2) future lots have been fully graded with the Cardinal Ridge 2nd Addition plat and once they are split would be ready for sale. Currently there is a builder interested in purchasing these lots if the variance could be obtained. He stated he would be willing to grant the necessary easements to the City in order to complete the request. The City's Engineering Department has requested a grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed lots have been graded to specifications for the Cardinal Ridge 2nd Addition. A grading plan would be needed if he were going to sell the remaining lots because these have not been graded, and there is a grade separation. © Councilmember Trude stated the grading could still pose a problem because there would be homes on these lots now and this would change the drainage patterns. She stated a grading evaluation should still be required. Regular Andover City Council Meeting Minutes — June 19, 2012 Page 5 Mr. Allen stated the lots had been graded previously. Once the irons are placed in the corners they are ready to be built on and there are no additional changes in the grading expected. He explained the remaining property would not change and the drainage would remain the same as it is currently. He stated he would agree that a full grading and drainage plan would need to be done if he were to split the remaining two (2) lots from his property in the future but he is not planning on doing anything with these two (2) lots at this time. Community Development Director Carlberg provided a ghost plat, which showed the parcels being considered and the location of Mr. Allen's home. Councilmember Trude asked if the two (2) lots are part of the Cardinal Ridge plat. Mr. Allen stated these lots were not part of the Cardinal Ridge plat. They are included on the grading plan but they are not part of Cardinal Ridge 2 "a Addition. At the time of the development it was easier for Mr. Minks to get these lots up to grade rather than build a retaining wall. Councilmember Trude stated there are two problems. One is Mr. Allen is a City employee and © the Council and staff know him well. Second, there are potentially four (4) lots and the City has required other developers to go through the platting process regardless of the number of lots. She expressed concerns that approving this would set a precedent for other property owners who would like to split a couple of lots without going through the platting process. The platting process sets easements and better property descriptions. Mr. Allen stated he would have a surveyor place the corner irons and he would grant any drainage and utilities easements the City may require. He explained if the lots are split then he would not have to have grading done. He had received a quote to have the platting done for the two lots and it was double the cost of doing two lot splits. Councilmember Trude clarified the applicant has a plan for the future development of this property and if the Council approves this lot split now it would set a precedent for the applicant to request a similar split in three (3) years without having to plat the property. Mr. Allen clarified he is only requesting a variance from the number of variances requests that can be done in a three (3) year period for these two (2) lots because they are already graded and should not require a plat to be done. He explained his plan was apply for this variance and if it were approved he would apply for the two (2) lot splits. His remaining property would then be under the 2.5 -acre minimum. He would then apply for a variance to not hook up to City water and services. He has a fairly new septic system and he would like to continue to use until it fails. 10 Community Development Director Carlberg stated if the variance were granted then the applicant would also have to request to have the two (2) lots rezoned from R -1, Single - Family Rural to R- 4, Single - Family Urban. The remaining property would then be 2 -acres and he would have to © Regular Andover City Council Meeting Minutes —June 19, 2012 Page 6 request a variance or rezoning for this property. Mayor Gamache stated there seems to be a full grading plan and it is the same as the grading for the rest of the development. He clarified the Council is more concerned about the plat process not being followed. He stated if these two (2) parcels had been owned by Cardinal Ridge then the City would not have required the developer to plat Mr. Allen's property and review the drainage so he is unclear why the City would want to require Mr. Allen to provide a full plat of the remaining property when these two (2) lots have already been graded to match the development. Community Development Director Carlberg stated the City does not require an adjacent property to plat their property but in this situation the property owner is requesting a lot split, which brings the whole property into question. Councilmember Trade asked if this could be split as one parcel and then whoever purchases it includes it as an amendment to their development. It would then become part of a plat. Mr. Allen stated the developer does not want to do this. The developer wants to be supplied with finished lots. These two (2) lots are graded to match the Cardinal Ridge 2nd Addition. He clarified the remaining portion of his property was not graded the same way. The remaining property was only graded to drain into the swale. If the remaining lots were sold then a full grading and drainage plan would be needed. Councilmember Knight stated these lots provide a practical location for two (2) new homes. Councilmember Trade clarified the City needs to consider the process and if they are willing to forgo the process and potentially set a future precedent. Mayor Gamache stated in order to grant the variance the City would need to find reasons for this. Councilmember Trade stated practical difficulty cannot include the applicant not wanting to pay to have the property platted. Mr. Allen stated this is a unique situation because these lots are part of a new development grading plan. Community Development Director Carlberg stated he could not say for certain the grading has not been verified. © Councilmember Trade stated the Engineering Department would not have gone onto private property to verify the grading. Mr. Allen stated they might have verified it because he had granted full access to the City and the Regular Andover City Council Meeting Minutes —June 19, 2012 Page 7 developer at the time the grading had been done. Councilmember Howard stated the City does not know for certain that these two (2) proposed lots are certifiable to the grading plan. Mayor Gamache stated the City has something on file showing the remaining lots had been examined. Councilmember Trude stated the City is making an assumption that something that was sketched in and not legally part of the developer's obligation, is going to meet the grading plan on file. She clarified a lot split is when a parcel property is breaking off one (1) section. If there are more than one (1) parcel split off then the platting process comes into effect. Mayor Gamache stated at this time he is showing these potential lots as part of a grading plan and any future split he does would require a grading plan because he does not have one for those lots. Mr. Allen stated at this time he is only asking the Council to consider the frequency of lot split requests. He would still need to apply for the actual lot splits and the grading would be looked at © more closely with that application. Community Development Director Carlberg expressed concerns if the variance is granted. The area had been graded in order to avoid the need for a retaining wall. If the variance were granted then the three (3) year waiting period would no longer apply for future requests. Developers could work out grading issues with adjacent owners and then those property owners could come in and expect to split their properties without waiting the three (3) years. Councilmember Trude stated the City is uncertain if the grading plan had been carried out on Mr. Allen's property. There was no permit for work done off -site from the plan. She suggested the Council table this discussion until an engineer would be available. Mayor Gamache asked if there was a way these two (2) lots could be sold. Community Development Director Carlberg stated the applicant could sell the piece that would be the two (2) lots but then the developer would have to wait three (3) years to split the property again or they would have to plat the property. The platting process would make this a subdivision. Councilmember Knight stated if stipulations were made to the approval and if this would prevent setting precedent for future requests he would be in favor. Community Development Director Carlberg stated if this application were granted then the findings as to practical difficulties would need to be identified that make this situation unique. There has not been a variance granted since 1977 and approving this request may change the Q Regular Andover City Council Meeting Minutes —June 19, 2012 Page 8 three (3) year waiting requirement. Councilmember Howard stated he is concerned about setting a precedent for future developers and property owners. Mr. Allen stated if the application is denied then he could split one (1) lot now then wait three (3) years to split the other lot and this would accomplish the same thing he is requesting to do at this time. Councilmember Trude stated the advantage of the platting process is being able to do things like this more efficiently. Community Development Director Carlberg explained the purpose of the three (3) year window is to encourage people to plat their property to look at the entire property. If the Council grants a variance then there needs to be sound findings so that other property owners and developers don't come in with similar situations and request a lot split. Doing lot splits encourages piece - by -piece development and the platting process encourages better development. Councilmember Trude asked if zoning ordinances applied the same way to lot splits as they do for developments. Community Development Director Carlberg stated the zoning is the set backs and lot dimensions and those apply but the subdivision process does include things like grading, drainage and utility easements and a more detailed review of not just the parcel but the entire subject property. Mayor Gamache clarified going through the platting process would not make the sale of these lots financially feasible for the applicant. He also stated the grading was not verified at the time it was done so the City is unsure if the plans were followed. Councilmember Trude stated the City Engineer is recommending a full grading plan and this expense would be similar to the expense incurred for platting the property. Mayor Gamache asked if the City would be creating a worse situation by making Mr. Allen wait three (3) years between lot splits and no grading plan would be required. Community Development Director Carlberg stated as he gets building permits he would have to have grading plans for the property but it would be better to look at the entire property at one time. © Mayor Gamache stated the only practical difficulty is the financial costs and this alone is not a reason for practical difficulty. Mr. Allen suggested the request be tabled until the Council was able to view the property. Regular Andover City Council Meeting Minutes —June 19, 2012 Page 9 Mayor Gamache stated Engineering would need to look at the property to see if it was graded properly but this may not change the outcome. Motion by Councilmember Trude, Seconded by Councilmember Howard to deny a variance to City Code 13 -1 -3 frequency of splitting lots on property located at 15873 Linnet Street NW. Councilmember Trude stated she would not like to have the City set a precedent that would circumvent the platting process. This application does not meet the requirements for a variance. Councilmember Knight stated this is a unique situation. Councilmember Trude stated there are other areas in the City that were required to follow the platting process. The motion was called to a vote. The motion carried. 3 ayes, 1 nay (Knight). (See Resolution R062 -12) 0 RESCHEDULE AUGUST 7, 2012 COUNCIL MEETING Councilmember Trude asked if the Council would be reviewing the Wal -Mart application at this meeting. Community Development Director Carlberg stated the earliest the Council would have the application for review would be the August 21" meeting. Motion by Councilmember Trude, Seconded by Councilmember Howard to Reschedule the August 7, 2012 Regular City Council Meeting to Wednesday, August 8, 2012, at 7:00 p.m. The motion carried unanimously. SCHEDULE EDA MEETING Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA meeting at 6:00 p.m. prior to the July 3, 2012 Regular City Council meeting. The motion carried unanimously. Councilmember Trude suggested staff be sure there will be a quorum present for this meeting. SCHEDULE JULY WORKSHOP aMayor Gamache stated July 24th would work for the workshop. Councilmember Trude stated that date might not work for her. Regular Andover City Council Meeting Minutes —June 19, 2012 Page 10 Mayor Gamache suggested scheduling the July workshop at the next regular meeting. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, development and CIP projects, and upcoming meetings and community events including the upcoming major catastrophe drill and the number of calls the Public Works Department has been getting regarding the storm water. He encouraged residents to keep their garage doors closed. He also stated there has been a rise in the number of vandalism reports. Community Development Director Carlberg stated the final plat for Arbor Oaks was approved and staff is working through the commercial site plan and will execute the final development agreement. The ground breaking will be in July and he will work with the developer to schedule an official groundbreaking ceremony. He explained the earliest the Planning Commission and the Council would review the Wal -Mart application would be in August. There are two (2) lots with building permits currently under construction at Parkside at Andover Station. The City is also working on completing smaller plats for Miller's Woods 3`d Addition and Woodland Estates 5a` Addition. He stated there would be a neighborhood meeting regarding the helicopter rides for Family Fun Fest. MAYOR/COUNCIL INPUT (Letter from City of Sartell) Mayor Gamache stated the City had received a letter from the City of Sartell thanking Fire Chief Winkel for his service during the recent situation they had. (Annual Business Development Golf Tournament) Mayor Gamache stated the Anoka County Sheriff's Office won the annual Business Development Golf Tournament and the event had been a success. (Election Equipment) Councilmember Trude stated she had attended a meeting regarding the election equipment and the County will be purchasing the equipment and the City will pay $70,000 over a 10 -year period. The Finance Department has reviewed the arrangement and agrees with it. This will be presented as a Joint Powers Agreement at a future meeting. (Library Grant) Councilmember Trude stated she had met with the Library Director for the County. Andover is part of a grant that is being submitted. There would be potential for library lockers for residents to be able to pick -up and drop -off materials at the Community Center. She stated she had also talked with the YMCA Youth Services Director regarding the potential for e- books to be available at the Community Center for kids. She stated she would be going on a tour next week to see some of the equipment that is available for e- readers. (Quad -City TVlnterviews) Councilmember Trude stated interviews for the Quad -City TV Regular Andover City Council Meeting Minutes — June 19, 2012 Page 11 Executive Director would be held on Monday. (Resident Achievement) Councilmember Knight recognized Tom Anderson for achieving the State Record in shot put and discus. Mayor Gamache recessed the regular City Council meeting at 8:35 p.m. to a closed session of the City Council to discuss Public Works Union negotiations and property acquisition negotiations for PID #11- 32 -24 -32 -0001, PID #11- 32 -24 -31 -0001, and PID #11- 32 -24 -24 -0001. The City Council reconvened at 8:58 p.m. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:59 p.m. Respectfully submitted, 0 Tina Borg, Recording Secretary U' Regular Andover City Council Meeting Minutes — June 19, 2012 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 19, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 SPECIAL PRESENTATION — CENTERPOINT ENERGY PARTNERSHIP GRANT ............... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Lease Agreement with Anoka- Hennepin School District /2012 Andover FamilyFun Fest ................................................................................... ............................... 2 Item 4 Approve Revisions to Dugouts /Sunshine Park .............................. ............................... 2 Item 5 Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction .................... 2 Item 6 Approve Final Plat/Arbor Oaks (See Resolution R060 -12) .......... ............................... 2 Item 7 Accept Contribution/Sweet Toppings LLC /Hickory Meadows Park (See Resolution Q R061 -12) .............................................................................................. ............................... 2 Item 7a Accept Resignation of the Senior Planner and Authorize Human Resources to Begin Recruitment for a New Senior Planner ................................................ ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 CONSIDER VARIANCE REQUEST (12 -01) TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS AT 15873 LINNET STREET NW (See Resolution R062 -12) .................. 3 RESCHEDULE AUGUST 7, 2012 COUNCIL MEETING ............................ ............................... 9 SCHEDULE EDA MEETING ......................................................................... ............................... 9 SCHEDULE JULY WORKSHOP ................................................................... ............................... 9 ADMINISTRATOR'S REPORT ................................................................... ............................... 10 MAYOR/COUNCIL INPUT ......................................................................... ............................... 10 (Letter from City of Sartell) ....................................................................... ............................... 10 (Annual Business Development Golf Tournament) ................................... ............................... 10 (Election Equipment) ................................................................................. ............................... 10 (Library Grant) ........................................................................................... ............................... 10 (Quad -City TV Interviews) ........................................................................ ............................... 10 (Resident Achievement) ............................................................................. ............................... 11 H