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CC - November 18, 2014
l4J x 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, November 18, 2014 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/5/14 Regular; 11/12/14 Special) Consent Items 2. Approve Payment of Claims — Administration /Finance 3. Approve Resolution of Support/Hanson Blvd NW (Jay St. NW to Crosstown Blvd. NW) — Engineering 4. Amend Fee Ordinance - Finance Discussion Items 5. Anoka County Sheriff's Dept. Monthly Report - Sheriff 6. Consider Conditional Use Permit— Telecommunications Tower— 4619 165 "' Avenue NW — Verizon Wireless - Planning 7. Consider Conditional Use Permit - Telecommunications Co- location on Water Tower #2 — 1717 Crosstown Blvd. NW — AT &T — Planning 8. Consider the Preliminary Plat of the Planned Unit Development of Creekside Meadows — 3200 South Coon Creek Drive — Shadow Ponds, LLC — Planning 9. Consider the Rezoning Request to Rezone Property from GB, General Business to M -1, Multiple Dwelling Medium Density — 139 "' Avenue NW and Martin Street NW - Povlitzki Holdings, LLC — Planning 10. Consider the Preliminary Plat of the Planned Unit Development of B & D Estates — 139 " Avenue NW and Martin Street NW - Povlitzki Holdings, LLC — Planning 11. Consider and Interim Use Permit for Subordinate Classroom Structures —13655 Round Lake Boulevard NW — Grace Lutheran Church - Planning Staff Items 12. Administrator's Report —Administration Mayor /Council Input Adjournment ,} .t2�E REGULAR ANDOVER CITY COUNCIL MEETING —NOVEMBER 18, 2014 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 18, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Assistant Public Works Director, Todd Haas City Attorney, Scott Baumgartner Others PLEDGE OFALLEGIANCE RESIDENT FOR UM No one wished to address the Council. AGENDA APPROVAL Supplemental information for the Anoka County Sheriff's Monthly Report. Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 5, 2014, Regular Meeting: Correct as written. Motion by Trude, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. © November 12, 2014, Special Meeting: Correct as written. Motion by Trude, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — November 18, 2014 Page 2 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Resolution of Support/Hanson Blvd NW (Jay St. NW to Crosstown Blvd. NW) (See Resolution R089 -14) Item 4 Amend Fee Ordinance (See Ordinance 443) Motion by Howard, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF'S DEPT. MONTHLYREPORT Commander Kevin Halweg presented the October Sheriff's Department Monthly Report to the City Council. CONSIDER CONDITIONAL USE PERMIT— TELECOMMUNICATIONS TOWER — 4619 165TH AVENUE NW — VERIZON WIRELESS © Mr. Carlberg noted the applicant has asked for this application to be withdrawn in order to research information brought up at the Planning and Zoning Commission meeting. Motion by Trade, Seconded by Knight, to accept the application for withdrawal by the applicant. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT — TELECOMMUNICATIONS CO-LOCA TION ON WATER TOWER #2 —1717 CROSSTOWN BOULEVARD NW — AT &T Mr. Carlberg stated AT &T is seeking to locate nine (9) antennas on the sides of city water tower #2, located adjacent to City Hall. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 166 feet tall. The antennas will be placed at a height of 120 feet. Mr. Carlberg reviewed the information with the Council. Councilmember Trade stated she would be interested to know what happens with the lease revenue and what kind of revenue is generated. Mr. Dickinson stated the lease is currently being negotiated and can range anywhere from $1,200 to over $2,000 per month to place the antenna's on the water tower. It all depends on where it is located and what they have for comparable leases on those towers. The funds are dedicated to help support the water rates in the community. © Motion by Knight, Seconded by Howard, to approve resolution R090 -14, Conditional Use Permit request. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — November 18, 2014 Page 3 CONSIDER THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF CREEKSIDE MEADOWS — 3200 SOUTH COON CREEK DRIVE — SHADOW PONDS, LLC Mr. Carlberg stated the City Council is asked to consider the Preliminary Plat and Planned Unit Development (PUD) of Creekside Meadows as requested by Shadow Ponds, LLC. Mr. Carlberg reviewed the information with the Council. Mayor Gamache asked with the work they are doing on the wetland, how will they access the area. Mr. Dickinson noted it will be accessed through the trail access. Mayor Gamache wondered if there are other areas where access could be obtained. Mr. Dickinson stated there are and staff will look to see if others can be provided. There is one on the southwest portion of the golf course. There is an easement but will need to be built up in order to provide access. Councilmember Howard wondered if they will have a different design standard for the trail. Mr. Dickinson stated this will be worked through on the development agreement. He did not see this being a problem in the long term. It Councilmember Trude stated she is a little concerned about the maintenance of the new park with the four parking spaces because it is her understanding it will be a separate lot from the home on lot 6. She wondered if staff will need to load up a lawnmower and bring it to the site to do maintenance of the triangle field. She wondered if it would make more sense to make it all a part of lot 6 so it could be attractively landscaped and the owner of lot 6 would then be responsible for the mowing and maintenance of that strip of land. Councilmember Bukkila stated depending on the specific size of the lot, you can do something that is low maintenance that is not necessarily grass. Ms. Haas agreed and stated they could install prairie grass or a maintenance free grass. Councilmember Bukkila thought they could put trees or bushes in there with wood chips. Mr. Dickinson stated the City is going to have the responsibility of mowing the trails around the golf course and they will need to look at some creative landscape in this area. Mr. Ben Minks, Capstone Homes stated the homes will be two stories in the $475,000 price range. He stated he did not mind leaving the triangle as part of lot 6. Councilmember Trude liked that idea. There was discussion regarding landscaping and maintenance of the triangle lot with parking stall. © Councilmember Trude noted the City's only interest is in possible parking so if someone wants to walk the trail they have a place to park and could be overflow parking for the neighborhood also. Councilmember Howard stated he is fine with turning the parcel over to lot 6 because it will give that owner the opportunity to irrigate it and keep it up. Councilmember Knight agreed. © Regular Andover City Council Meeting Minutes —November 18, 2014 Page 4 Mr. Carlberg suggested adding a condition six to the resolution stating prior to final plat approval the parking area will be evaluated with a recommendation coming back to the Council at the final plat approval process. Motion by Trude, Seconded by Knight, to approve resolution R091 - 14, approving the revised Preliminary Plat and Planned Unit Development subject to the conditions in the resolution, adding condition six with the revision of the plat including the removal of the park and making lot 6 cover the area of the park but the stalls for parking become a City easement or right -of -way depending on the preference of City staff. Mr. Dickinson stated if the condition is that specific it will take away the option of potentially working with the park on something else and he would probably leave it a little more open to give them an option to keep it as a park. Councilmember Trude indicated she did not want it to be a park and wanted it to be specific. She liked what Mr. Minks stated about wanting to control the appearance because that will be the model home and he can put more money into landscaping it because it will be private property and will enhance the entire development and the City's only concern is they have more parking stalls. She thought she had the other Councilmember's approval. Councilmember Bukkila indicated she was ok with it until Councilmember Trude tied © staff's hands. She thought they needed to be flexible in case they need to come back with something else that could work. Mayor Gamache stated if Mr. Minks wants to do that and staff is ok with the plan, it can be worked out with ARC and they could get a plan that meets all of the City's criteria. Mr. Carlberg stated they could look at a bump out of the right -of -way so the entire parking area is in the right - of -way. That makes the parking stall the City's right -of -way and the rest is the homeowners. Councilmember Trude indicated that was what she envisioned. City Attorney Baumgartner stated he understood the concept and what is expected. The final plat will incorporate the four parking stalls into the right -of -way into the street and the remaining of the previously dedicated park area reverting to lot 6. Motion carried unanimously. CONSIDER THE REZONING REQUEST TO REZONE PROPERTY FROM GB, GENERAL BUSINESS TO M -1, MULTIPLE DWELLING MEDIUM DENSITY —139TH AVENUE NW AND MARTIN STREET NW — POVLITZKI HOLDINGS, LLC. Mr. Carlberg stated the City Council is requested to review the proposed request to rezone 6.4 acres from GB General Business to M -1 Multiple Dwelling Medium Density as requested by Povlitzki © Properties, LLC. Mr. Carlberg reviewed the information with the City Council. Regular Andover City Council Meeting Minutes — November 18, 2014 Page 5 Motion by Bukkila, Seconded by Howard, to approve the rezoning request based on the fact that the property is located within the MUSA, water and sewer is available to the property, and the request is in harmony with the Andover Comprehensive Plan. (Ordinance 444) Councilmember Trude stated people on the west side of this project would like the density to be lower but they are taking this from commercial to residential and matching the neighborhood to the one it becomes part of given the street system. Motion carried unanimously. CONSIDER THE PRELIMINAR YPLA T OF THE PLANNED UNITDEVELOPMENT OFB & D ESTA TES — 139THA VENUE NW & MAR TINSTREETNW— PO VLITZKIHOLDINGS, LLC Mr. Carlberg stated the City Council is asked to review the preliminary plat/PUD for B and D Estates. The plat contains 26 -urban lots as proposed by Povlitzki Properties, LLC. Mr. Carlberg reviewed the information with the Council. QMayor Gamache noted the neighborhood to the west will still continue to have a wooded area. Mr. Carlberg indicated that is correct. Staff discussed with the Council the landscaping and buffering of this development. Councilmember Knight asked how tight the homes were in the circle. Mr. Carlberg stated they have five foot side yard setbacks so they can be ten feet between each of the homes on a sixty foot wide by one hundred foot deep lot. He noted that is the same design standard that was used in the development to the north. Councilmember Trude stated these developments are allowing younger couples to buy homes in Andover because they are paying less for the lot. Mr. Jason Rud, AJ Rud and Sons, reviewed the history of the project with the Council. Mr. Rud stated they will accommodate what staff prefers but their preference for screening would be to have the trees up against the lot line. Councilmember Trude thought that was what Council was envisioning also. She wondered if there would be any problems with drainage by putting them along the lot lines. Mr. Rud did not see any issues with it. Mayor Gamache stated lot 11 on the edge of the cul -de -sac seems like the building pad is pushed ® back. Mr. Rud stated the front setback is taken from the southwest corner of the house pad on that adjacent lot. Mayor Gamache thought the cul -de -sac and street is probably the best set up for the development Regular Andover City Council Meeting Minutes — November 18, 2014 Page 6 and he thought the home elevations that were sent looked great. He thought they will be competitive with what was built in the development to the north. Councilmember Howard asked if the twenty -five foot Swale could be tightened up because they run into issues on a lot with significant drainage and utility easements and a loss of use of the property. He asked the developer to try to tighten it up if possible. Motion by Trade, Seconded by Howard, to approve resolution R092 -14, request for preliminary plat/PUD. Motion carried unanimously. CONSIDER ANINTERIM USE PERMIT FOR SUBORDINATE CLASSROOMSTRUCTURES —13655 ROUND LAKE BOULEVARD NW — GRACE LUTHERAN CHURCH Mr. Carlberg stated Grace Lutheran Church has requested additional time for the existing subordinate classroom structures. No changes to the existing buildings are proposed. Mr. Carlberg reviewed the information with the Council. 4 Councilmember Trade noted she is a member of Grace Lutheran Church and asked the City Attorney for his opinion on if it is a conflict of interest. City Attorney Baumgartner stated relative to a conflict of interest, there are two kinds, whether or not it is contractual or non - contractual in nature. Usually there is a conflict when there is a financial benefit or need to be derived. He indicated Councilmember Trade did not have a conflict of interest in this item. Mayor Gamache asked on 136`" Lane, is it legal parking on both sides. Mr. Carlberg indicated that was correct except for certain times of the year based on snow events November through April. Mayor Gamache did not think the parking issue would have anything to do with the two facilities because they both have access to the north. Mr. Carlberg thought there was discussion regarding this in the past and that there is an access from 136th Lane into the parking lot but that has been chained off so the parking lot is not used as a cut through. Pastor Hellman was at the meeting to answer questions and clarify concerns about the interim use of the portable classrooms. He stated with the concern from the neighbor, they do not park on 136th Lane. The reference that was made was in regard to their youth director that quit six years ago. He stated almost four years ago they had to close off the access from 136`" Lane to the parking due to the day care on site. He did not know where the concern came from about parking on 1361' Lane. He stated they do have two staff people that park outside the Jorgensen home or © the Hamm residence and they have worked it out with those residents. Pastor Hellman stated as far as some of the concerns about what the church has done in regard to the subordinate buildings, he stated in 2006 that the church put in more permanent larger Regular Andover City Council Meeting Minutes — November 18, 2014 Page 7 plantings rather than the arborvitae. He stated they planted eight spruce, but lost two. They in turn planted some deciduous trees. They also redid the lawn with an underground sprinkler system. He showed the Council the landscaping around the buildings. Pastor Hellman asked in the resolution there was one line under the interim use, line 2, that states "The interim use permit shall expire on December 31, 2019 at which time the temporary subordinate classroom structure shall be removed ". He wondered if that meant there would not be any more extensions. Mr. Carlberg indicated that would be the expiration time and could be extended if needed, by the Council. Pastor Hellman stated they have just gone through a five year 1.2 million Capital Fund Drive to get ready for the move. Mr. Carlberg noted these structures are meant to be subordinate and temporary. City Attorney Baumgartner stated Minnesota State Statute requires there be some type of end date with some specificity. Motion by Knight, Seconded by Bukkila, to approve resolution R093 -14, approval of the IUP request with the conditions listed in the resolution. Motion carried 4 ayes, 1 present ( Trude). 10 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. Mr. Dickinson reviewed the communications he had with Burlington Northern regarding their trains stopping on the tracks and blocking intersections. Councilmember Howard asked if there was any resolution on the buses turning around in the park parking lot and stopping traffic to get to Andover High School. Mr. Dickinson stated he has not heard anything yet. He thought the Council could be updated at the Workshop meeting. MAYOR/COUNCIL INPUT (Federal Funding for Hanson Boulevard) Mayor Gamache stated the Council approved a resolution supporting the County's effort to get Federal Funding for Hanson Boulevard. He stated if they can get the funds it would cover Jay Street to Crosstown Boulevard extending Hanson Boulevard to four lanes. The project would begin in 2017 to 2019 if they can get the funding. Councilmember Trude noticed nothing was done to extend the project east to west to include turn lanes at the intersection on Andover Boulevard and she thought if the project went through they could see what could be done to improve those intersections. (Andover Remote Control Boat Club Proposal) Mayor Gamache stated in October there was Regular Andover City Council Meeting Minutes — November 18, 2014 Page 8 discussion with the Andover Remote Control Boat Club about the possibility of putting in a gate that could be locked at the very beginning of the dock which would allow people in a wheel chair to access the dock because right now the incline is too steep for handicapped persons. (Open Space Kiosk) Councilmember Trude stated in October she ran into a Scout working at their new open space parking lot building the kiosk. There will be a nice concrete pad with a nice map on the kiosk. She thought if there was a cabinet maker in the community that would be willing to help out that would be appreciated. She noted the Scouts do look for volunteers to help out with their projects. (Snow Plow Driver Thanks) Councilmember Knight wanted to thank the snow plow drivers for the good work they are doing to keep their roads clean. ADJOURNMENT Motion by Knight, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:48 p.m. © Respectfully submitted, Sue Osbeck, Recording Secretary MEW J Regular Andover City Council Meeting Minutes — November 18, 2014 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 18, 2014 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 ApprovePayment of Claims ........................................................................ ............................... 2 Approve Resolution of Support/Hanson Blvd NW (Jay St. NW to Crosstown Blvd. NW) (See ResolutionR089- 14) ............................................................................ ............................... 2 Amend Fee Ordinance (See Ordinance 443) ............................................... ............................... 2 ANOKA COUNTY SHERIFF'S DEPT. MONTHLY REPORT .................... ............................... 2 CONSIDER CONDITIONAL USE PERMIT — TELECOMMUNICATIONS TOWER — 4619 165' AVENUE NW — VERIZON WIRELESS ......................................... ............................... 2 CONSIDER CONDITIONAL USE PERMIT — TELECOMMUNICATIONS CO- LOCATION ON WATER TOWER #2 —1717 CROSSTOWN BOULEVARD NW — AT &T (See ResolutionR090 -14) ................................................................................... ............................... 2 CONSIDER THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF CREEKSIDE MEADOWS — 3200 SOUTH COON CREEK DRIVE — SHADOW PONDS, LLC(See Resolutin R091- 14) ..................................................................... ............................... 3 CONSIDER THE REZONING REQUEST TO REZONE PROPERTY FROM GB, GENERAL BUSINESS TO M -1, MULTIPLE DWELLING MEDIUM DENSITY —139TH AVENUE NW AND MARTIN STREET NW — POVLITZKI HOLDINGS, LLC (See Ordinance 444).......... 4 CONSIDER THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF B & D ESTATES — 139TH AVENUE NW & MARTIN STREET NW — POVLITZKI HOLDINGS, LLC (See Resolution R092- 14) ............................................. ............................... 5 CONSIDER AN INTERIM USE PERMIT FOR SUBORDINATE CLASSROOM STRUCTURES —13655 ROUND LAKE BOULEVARD NW — GRACE LUTHERAN CHURCH (See Resolution R093- 14) .......................................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 Federal Funding for Hanson Boulevard ....................................................... ............................... 7 Andover Remote Control Boat Club Proposal ............................................. ............................... 7 OpenSpace Kiosk ........................................................................................ ............................... 8 SnowPlow Driver Thanks ........................................................................... ............................... 8 ADJOURNMENT............................................................................................ ............................... 8 H