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HomeMy WebLinkAboutCC - May 2, 20171685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, May 2, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Arbor Month Resident Forum Agenda Approval 1. Approval of Minutes (4/17/17 Board of Review; 4/18/17 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Acknowledge Bid Award/17-12/Reconstruction of 133`d Ave. NW (West of Crooked Lake Blvd. NW) — Engineering 4. Order Improvement/Order Plans & Specs/17-16, Andover Blvd. NW Trail (Bluebird St. NW to Vale St. NW)& 16-18, Hanson Blvd. NW Trail Reconstruction - Engineering 5. Approve Appointment Streets Maintenance Worker —Administration 6. Approve Master Partnership COntract/Mn/DOT - Engineering Discussion Items 7. Preliminary Plat Revisions and Variance Requests Catcher's Creek 2°d Addition - Planning Staff Items 8. Schedule May & June Workshops- Administration 9. Administrator's Report —Administration Mayor/Council Input Closed Session — Union Contract Negotiations Adjournment E OEM REGULAR ANDOVER CITY COUNCIL MEETING — MAY 2, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, May 2, 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 Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OFALLEGIANCE PROCLAMATION—ARBOR MONTH Mayor Trude proclaimed the month of May as Arbor Month. RESIDENT FORUM Mary Froberg, 3788 139'h Lane, expressed her concern regarding the removal of stop signs in her neighborhood. She stated there had been a study and a letter explaining why the stop signs were removed. Ms. Froberg indicated the signs were originally placed to protect children at a bus stop. She continued to explain that last Saturday someone "blew through" an intersection where a stop sign had previously been, resulting in the death of someone in the neighborhood. She felt the removal of the stop signs has created more fast traffic and she has observed there is often no one to see that the children safely cross the street. Ms. Froberg explained it's a two-way stop now, instead of a four-way stop and that a blinking electronic speed limit sign has been put up in the area. She would like to have the stops signs returned to the intersection to cut down on accidents and keep the children safe. Reference was made to an email that was sent by a resident by the name of Kori, and the Mayor's response. The email was distributed to the Council. Ms. Froberg indicated she did not personally get a letter about the stop signs being removed. Mayor Trude noted law enforcement has been watching this issue and the Council usually does not © Regular Andover City Council Meeting Minutes —May 2, 2017 Page 2 get involved in law enforcement concerns. Ms. Froberg responded the police had encouraged the neighborhood to petition and come to the City Council meeting. Mayor Trude expressed her appreciation for the residents coming forward with the issue. The Council will need to get law enforcement's perspective. Tasa Heilman, a current resident of Minneapolis, stated the purpose of their family's attendance at the meeting was to ask for City Council support for a chain link fence in the backyard of the home that they plan to buy in Andover. They are planning to move to the area for their children to attend DaVinci Academy. After signing a purchase agreement on the home, they were made aware of an existing backyard easement. The family has 3 children under the age of 5. In the backyard, there is a City path and the Coon Creek. She stated their options are to back out of the purchase of the home or to pursue the house and consider options for a fence. They have contacted city attorneys and city planners in the south metro and they did not understand the concern about installing a chain link fence in the easement area. She indicated they would be responsible for the upkeep and noted the neighbor has a fence. They chose the Andover community because it is family friendly and asked for the Council's support. She concluded by saying the yard does not get water except when it is a ,'monsoon rain" and it was their belief that a chain link fence would not affect the drainage. 10 Mayor Trude indicated they would have to apply for the fence permit and then an appeal would have to come to the Council. On occasion, the Council has seen an appeal. Mr. Berkowitz indicated he had met with the family on site and the low area is the main drainage basin for that development. Mayor Trude reinforced the importance of following the process and reviewing the restrictions. Councilmember Bukkila stated this is a buyer beware situation. If the sale goes forward, and the permit is denied, then the new home owner would be in a difficult situation. She stated she could not find a reason to go against staff recommendations in this instance. Councilmember Holthus reinforced the importance of the following the established process. Mayor Trude noted an appeal would come straight to the Council. Mr. Berkowitz indicated there have been one or two requests per year. He expressed the responsibility of a City to protect all homes in the City from storm water and reminded those in attendance that a lot of property that was underwater during past rainfall events, due to property improvements, was not permitted by the City. There has not been major flooding because of all of the work that has been done to protect the easements. Ms. Heilman was unclear as to how a chain link fence would affect the drainage. Mr. Berkowitz stated by not weed whipping or adding a fire pit or pool, it can raise the potential storm water impact ® Regular Andover City Council Meeting Minutes —May 2, 2017 Page 3 for the neighborhood. Mayor Trude noted how chain link fence in a backyard close to the high school had changed topography over time and caused flooding. Mayor Trude instructed staff to bring the matter of fences and easements to a future workshop, confirming that no action will be taken at this meeting. AGENDA APPROVAL There were two additions to the agenda: Item #6A Consider Acceptance of American Signal Corp Proposal for Renovation of Two (2) Emergency Alert Sirens. Item #7 Preliminary Plat Revisions and Variance Requests Catcher's Creek 2nd Addition. Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. © APPROVAL OFMINUTES April 17, 2017, Board of Review: Correct as amended. Mayor Trude requested a correction on page one, line 37. The minutes should read, "The City is fortunate to have many businesses come to our City in the past year, including..." Motion by Bukkila, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. April 18, 2017, Regular Meeting: Correct as written. Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. CONSENTITEMS Item 2 Approve Payment of Claims Item 3 Acknowledge Bid Award/17-12/Reconstruction of 133`d Ave. NW (West of Crooked Q Lake Blvd. NW) (See Resolution R033-17) Item 4 Order Improvement/Order Plans & Specs/17-16, Andover Blvd. NW Trail (Bluebird St. NW to Vale St. NW) & 16-18, Hanson Blvd. NW Trail Reconstruction (See Resolution ® Regular Andover City Council Meeting Minutes — May 2, 2017 Page 4 R034-17) Item 5 Approve Appointment Streets Maintenance Worker Item 6 Approve Master Partnership Contract/Mn/DOT (See Resolution R035-17) Item 6A Consider Acceptance of American Signal Corp Proposal for Renovation of Two (2) Emergency Alert Sirens Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. PRELIMINAR YPLA TREVISIONS AND VARL4NCE REQ VESTS CATCHER'S CREEK2VD ADDITION Mark Smith submitted a revised preliminary plat and variance request for the plat known as Catcher's Creek 2nd Addition. The new configuration of the plat requires the approval of variances to move forward. On October 6, 2015, City Council approved the preliminary plat for 27 urban lots. Two variances were granted for Block 2, Lots 1 and 2, to reduce the lot depths from 140 feet to 139.4 feet. © Mr. Smith submitted a revised preliminary plat for 28 lots with additional variances. The revised plan eliminates the 143`d Avenue NW access point to the development; thus creating an additional lot. The revised plat and the location of the non -conforming lots require review. The Andover Review Committee (ARC) reviewed the proposed changes to the plat. The Fire, Public Works and Building Departments have no issues with the proposed changes. The Engineering staff has no issues with eliminating the 143`d Avenue access point from Prairie Road. Prairie Road is a collector street. Collectors are designed to move traffic, so eliminating the number of access points is preferred. With the elimination of 143`d Avenue, the plat will gain 1 lot but will require 4 variances for Block 2, Lots 5, 6, 7, and 8. Mr. Smith submitted a letter regarding the variance requests. The existing home will be removed, but the driveway access will remain in the same place. City Code defines the front lot line as "that boundary of a lot which abuts an existing or dedicated street, in the case of a corner lot, it shall be the shortest dimension on a public street." In this case, the width of the lot is 492+ feet with a lot depth of 99 feet. Mr. Smith is proposing to face the front of the home to the north; the back of the home would then face south. City Code states "variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: - The property owner proposed to use the property in a reasonable manner not permitted by an official control; - The plight of the property owner is due to circumstances unique to the property not created by the landowner; © Regular Andover City Council Meeting Minutes — May 2, 2017 Page 5 The variance, if granted, will not alter the essential character of the locality; Economic considerations alone do not constitute practical difficulties. A public hearing was held at the April 11, 2017 Planning and Zoning Commission meeting. There was no public comment received. The Commission discussed the following items: - Safety concerns and traffic issues along 144th Avenue NW if the access point at 143`d Avenue NW is eliminated. - Defining the front of the home for Block 2, Lot 6 and what types of homes may be constructed on the lot. - The possibility of eliminating some, if not all, of the variances. After discussion, the Planning and Zoning Commission made a recommendation of denial on a 5 — 0 (2 absent) vote with the following findings of fact: - The plight of the landowner is due to circumstances not unique to the property and has been created by the landowner; - 143'd Avenue should connect to Prairie Road to create additional access to the development; and the plat/lots could be changed so less variances are needed. ® Since the Planning and Zoning Commission meeting, Mr. Smith submitted a revised plat that reduced the number of variances from five (5) to four (4) as recommended by the Commission. The revised plat is what is presented for Council review. In the event the City Council would want to consider approval of the variances. City staff suggests City Council to take into consideration the following findings of fact provided by Mr. Smith as part of an approved resolution: - A significant portion of the plat is inundated with floodplains and wetlands. These areas are required to be protected. - No improvements are allowed within the floodplains and wetlands. This significantly limits the buildable area within the plat. - Eliminating the 143`d Avenue NW access point onto Prairie Road minimizes an intersection and conflict point onto a higher volume collector street. - A large portion of the plat is encompassed by a 100 -foot trail easement along the southern portion of the plat. The developer is providing a trail easement through Block 2, Lots 5 and 6 to provide a safe access point to the Prairie Road trail corridor. This will decrease/ eliminate the number of pedestrians using the 144th Avenue NW and Prairie Road intersection to access the trail. A large portion of the lots must adhere to buffering requirements to Coon Creek, and restrictions are placed on the lot that make reasonable usage of the property challenging. Block 2, Lot 6 meets the required lot width, depth and area of a standard R4 — Single Family Urban residential lot when the northern property line is considered the front yard and the southern property line considered the rear yard. This particular lot is set up for a side loaded garage which is similar to other corner lots within the City of Andover. Staff included in the draft resolution of approval that this particular lot must include a side loaded garage. © Regular Andover City Council Meeting Minutes — May 2, 2017 Page 6 Staff has also included language within the draft resolution that this particular lot must include a driveway design that allows for a turn around on the property to reduce the chances of backing onto Prairie Road. Councilmember Goodrich inquired about the acreage on lots 5, 6, 7 and 8. Mr. Janish replied they are almost .75 of an acre and that lot five is .4 acres. The minimum lot size is 11,400 square feet. Mr. Dickinson confirmed the lot sizes exceed the minimum. Councilmember Bukkila asked if the second plat design had come through first, would it have been a PUD. Staff replied it may have been the case. There was discussion about "practical difficulty" and whether or not the plat is "reasonable," not based on economics alone. In addition, previous variances for lots on curves were discussed. Mr. Baumgartner described how the ordinance has changed and how to apply the criteria - moving to "practical difficulty" from "hardship." He clarified the City ordinance mimics the State Statute. He stated there is a need to be able to find the owner proposes to use the property in a reasonable manner O in a residential area. The second point is what causes a difficultly, feeling that the Council could look at this plat either way. The resolution for approval references the trail and wetlands, making the plat unique. If the better layout, with the road changes, improves the area because of the trail, that can also be considered in the decision-making process. Mayor Trude asked about the loss of the original existing house. Mr. Smith responded they tried to save the house by seeing how it could fit with the neighborhood. The Mayor noted that the house came down in the last few weeks. Mr. Smith noted it was not economically better to buy the brown house, but was better for the overall development. There was additional discussion about the market demand for larger lots, as well as concerns about kids crossing the intersection, and the potential for the bike trail. Mr. Smith called the development "a challenging site," wishing he had proposed this plat design the first time. Councilmember Goodrich indicated his wish to not set a precedent. He expressed his desire to hang his "hat on freedom of use" and support the revised plat. Councilmember Knight agreed. Councilmember Holthus is not in agreement and expressed concerns about access on Prairie Road and the reduction of lot setbacks. Mr. Smith noted the challenges of "pie" -shaped lots. There was additional related discussion by the Council. © Mayor Trude expressed her support for the revised plat. © Regular Andover City Council Meeting Minutes — May 2, 2017 Page 7 Councilmember Goodrich asked if the City Code could be looked at going forward [related to setbacks of lots on curves]. Mr. Dickinson made note of the request and Councilmember Knight agreed. Councilmember Bukkila expressed concerns about allowing this plat revision and not letting the next developer do the same. She expressed consideration for the trail. Her concern is the subjectivity of the decision. Motion by Goodrich, Seconded by Knight, to approve Resolution No. R036-17, approving the preliminary plat of"Catcher's Creek 2nd Addition" and related variances. Motion carried 3 ayes, 2 nays (Holthus and Bukkila). SCHEDULE MAY & JUNE WORKSHOPS Mr. Dickinson requested the Council schedule Workshop Meetings in May and June to discuss topics as detailed in the staff report. © The Council discussed the draft agenda and available dates. Motion by Bukkila, Seconded by Knight, to schedule a Council Workshop Meeting on May 23, 2017, at 6:00 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Knight, to schedule a Council Workshop Meeting on June 27, 2017, at 6:00 p.m. 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 highlighted meetings related to the Capital Improvement planning process, QCTV and Youth First. On the legislative side, work continues on WDE bonding and Met Council reform. (Parks & Construction) Mr. Berkowitz described the volunteer efforts made to install playground equipment. The volunteer efforts saved enough money so more amenities could be added to the playground. Residents raised additional funds as well. Watch for a QCTV story. Tree removal is done at Fox Meadows Park and well -drilling and grading has started and will be followed by irrigation. Crack sealing started today in the City and street reconstruction projects are starting and the Shadowbrook East project has started early. (Homes) Mr. Janish indicated 45 homes have been permitted to -date for the year. Twin Cities © Regular Andover City Council Meeting Minutes — May 2, 2017 Page 8 Dental will be opening an office in the Shops @ Andover. At the next meeting, a PUD amendment will be reviewed. MAYORICOUNCIL INPUT (Recycle Day and Mayors Water Challenge) Mayor Trude noted the success of the City-wide recycling day. Seedlings were distributed and 651 cars came through. The Mayors Water Challenge is completed for this year. (Metro Cities) Mayor Trude congratulated Councilmember Knight on his work with Metro Cities, representing Andover's interests. RECESS Mayor Trude recessed the regular City Council meeting at 8:34 p.m. to a Closed Session of the City Council to discuss Union contract negotiations. RECONVENE ® The City Council reconvened at 8:48 p.m. ADJOURNMENT Motion by Goodrich, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:49 p.m. Respectfully submitted, Marlene White, Recording Secretary L01 © Regular Andover City Council Meeting Minutes — May 2, 2017 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MAY 2, 2017 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 PROCLAMATION — ARBOR MONTH........................................................................................ 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 3 APPROVAL OF MINUTES........................................................................................................... 3 CONSENTITEMS......................................................................................................................... 3 Item 2 Approve Payment of Claims......................................................................................... 3 Item 3 Acknowledge Bid Award/17-12/Reconstruction of 133`d Ave. NW (West of Crooked Lake Blvd. NW) (R033-17)................................................................................................ 3 Item 4 Order Improvement/Order Plans & Specs/17-16, Andover Blvd. NW Trail (Bluebird St. NW to Vale St. NW) & 16-18, Hanson Blvd. NW Trail Reconstruction (R034-17).... 3 Item 5 Approve Appointment Streets Maintenance Worker ................................................... 4 Item 6 Approve Master Partnership Contract/Mn/DOT(R035-17)......................................... 4 Item 6A Consider Acceptance of American Signal Corp Proposal for Renovation of Two (2) Emergency Alert Sirens................................................................................................ 4 PRELIMINARY PLAT REVISIONS AND VARIANCE REQUESTS CATCHER'S CREEK 2ND ADDITION (R036-17)........................................................................................................ 4 SCHEDULE MAY & JUNE WORKSHOPS................................................................................. 7 ADMINISTRATOR'S REPORT.................................................................................................... 7 (Meetings)................................................................................................................................... 7 (Parks & Construction)............................................................................................................... 7 (Homes)....................................................................................................................................... 7 MAYOR/COUNCIL INPUT.......................................................................................................... 8 (Recycle Day and Mayors Water Challenge).............................................................................. 8 (Metro Cities).............................................................................................................................. 8 RECESS.......................................................................................................................................... 8 RECONVENE................................................................................................................................ 8 ADJOURNMENT........................................................................................................................... 8 1