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HomeMy WebLinkAboutCC - July 18, 20171685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, July 18, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of (6/27/17 Workshop; 7/5/17 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Declaration of Encroachment Easement, Conditions & Covenants/ 1825 — 158 h Lane NW — Engineering 4. Approve Amended Event Map/Beef O'Brady's —Administration 5. Approve Debt Service Payments - Finance Discussion Items 6. Anoka County Sheriff s Monthly Report — Sheriff 7. Final Plat —Country Oaks North Third Addition — SW Development -Planning 8. Variance Request— 14791 Blackfoot Street NW—Lee and Sandra Warneka —Planning Staff Items 9. Schedule August EDA meeting—Administration 10. Administrator's Report —Administration Mayor/Council Input Adjournment H U REGULAR ANDOVER CITY COUNCIL MEETING —JULY 18, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, July 18, 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 PLEDGE 0FALLEGL4NCE RESIDENT FORUM Grady Kinghorn, with Kinghom Construction thanked the Council for the extension that was given to Meadow Creek Church as they made progress toward removing their portable classroom buildings. He stated Meadow Creek Church is moving forward with a building program and the portables are now gone. Mayor Trude commented it is nice to hear that something is going well during the Resident Forum portion of the meeting and she is looking forward to the new addition to the church and community. AGENDA APPROVAL Supplemental information was presented: Item #6 —Anoka County Sheriffs Office Monthly Report Item #8 — Variance Request — 14791 Blackfoot Street NW Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. © Regular Andover City Council Meeting Minutes —July 18, 2017 Page 2 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Declaration of Encroachment Easement, Conditions & Covenants/1825 — 158`h Lane NW Item 4 Approve Amended Event Map/Beef O'Brady's Item 5 Approve Debt Service Payments Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. APPROVAL OF MINUTES June 27 2017, Workshop Meeting: Correct as amended. Mayor Trude requested the following corrections: - Page 4, line 5, should state "right and left turn lanes." - Page 5, line 1 and 2, should read, "Mayor Trude stated the viability of upgrading Andover © Boulevard with shoulders, turn lanes and trails should be considered in the future." Page 7, line 17, at the end of the sentence add the words "that had extensive flood plains." - Page 8, line 11, add "...she heard Ham Lake lowered the lot size requirements to one acre and then changed back to requiring larger parcels and she would be interested to know their observations." - Page 8, line 16 and 17, should state "if a smaller area were to be made available for rural reserve area development, City staff could provide options for the Council to consider and how to tie it into the present community." - Page 9, line 17, the word "what" should be "want" - Page 14, line 1, should be edited to state, "the Fire Chief was talking about the upper level of the Fire Station." Page 16, line 14, after line 14 it should state, "Mayor Trude stated the turkey farm has enough land and access so that this property would not need to provide easements for their property, in their opinion." Councilmember Bukkila requested a correction on page 16, line 13, to replace the word "they" with the word "the." She then asked for a staff review of the video from the meeting. Councilmember Goodrich requested a correction on page 13, line 2, to take out the word "dangerous." Councilmember Holthus asked that the minutes be checked for the spelling of her name as there were several misspellings. © Regular Andover City Council Meeting Minutes—July 18, 2017 Page 3 Motion by Holthus, Seconded by Goodrich, to approve the minutes as indicated above. Motion carried unanimously. July S, 2017, Regular Meeting: Correct as written. Motion by Goodrich, Seconded by Holthus, to approve the minutes as presented. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHL Y REPOR T Sergeant Josh Hatton gave the monthly Sheriff's Report. The Sergeant noted good weather gets people out and about at night and increases the opportunity for crime. He made note of the upcoming Special Olympics and kids fishing events. Mayor Trude indicated she believed that more tickets were being given out for speeding in neighborhoods. Sergeant Hatton stated he would forward the question to Commander Podany and he would report back to the Council. © Mr. Dickinson stated he did not have the directed patrol information in a format ready to share yet. FINAL PLAT — COUNTRY OAKS NORTH THIRD ADDITION— SW DEVELOPMENT Mr. Janish reviewed the information with the Council. As part of the Country Oaks North and Country Oaks North Second Addition plats, outlots along the BNSF Railroad have been preserved for an emergency access across the railroad. At this time, the developer is requesting the outlots become buildable, as shown on the proposed final plat. The request is based on letters submitted from BNSF discussing the permanent removal of this particular crossing. The City Council is to determine if the outlots should remain as an emergency access across to the railroad or allow the outlots to become a buildable lot of record. Mr. Berkowitz spoke in response to the Mayor, indicating there are no plans, as of now, to provide for a future crossing. Mr. Dickinson stated the property owner identified in the letter sold the property to a current developer. Mr. Berkowitz indicated a letter had been sent to him and that BNSF would prefer not to have a crossing there. An outlot would provide that option in the future, but BNSF's position is not to have a crossing. © Mayor Trude indicated there is a railroad crossing on the map, but it is not in existence. Shawn Weinand, S WLand spoke to the Council and confirmed the crossing option was going away © Regular Andover City Council Meeting Minutes — July 18, 2017 Page 4 because of the available access on 167`h Avenue and Wintergreen Street. Mayor Trude stated she prefers that Outlets A and B be made into a buildable lot. Councilmember Holthus confirmed her experience has been that outlots are not managed well, and tend to be a gathering spot for "kids horsing around and trouble," so she would like to see it be a buildable lot. Motion by Bukkila, Seconded by Knight, to approve Resolution No. R057-17, noting that approving the resolution means that Outlots A and B will be joined to become a new combined lot. Motion carried unanimously. Mayor Trude commented more lots are available in the development and the park is very nice. VARIANCE REQUEST —19791 BLACKFOOT STREET NW Mr. Janish stated Mr. Lee Warneka has submitted a variance request for his property located at 14791 Blackfoot Street NW. The request is to reduce the required width of the lot(s) at the front yard © setback. The property is located within the Round Lake Shoreland area. As required by the Andover Shoreland Management code, the Department of Natural Resources ( DNR) has received notice of the variance request. At this time, staff has not received comment from DNR staff. According to the Shoreland Regulations, un-sewered single-family lots on Recreational Development Lakes such as Round Lake are required to be a minimum of 20,000 square feet with a lot width of 100 feet. However, stricter regulations in the RI Single -Family Rural district supersede the Shoreland Regulations. Mr. Warneka submitted a letter and is proposing a variance to reduce the lot width at the front yard setback from 300 feet to 150 feet for the purpose of subdividing the property into two lots. The existing lot meets code requirements for lot width, depth and area. If the lot is further subdivided, the lots will require variances. Staff received phone calls and emails regarding the variance request. On May 9, 2017, the Planning and Zoning Commission held a public hearing. Four individuals spoke opposing the variance request with the belief that the variance would have a negative impact on the rural character of the neighborhood, negative effect on the value of the surrounding homes, increased density, and the style of the new home would not be compatible to the existing architecture. The Planning and Zoning Commission recommends denial of the variance requests on a Q3 —1 vote (3 absent) with the findings that the practical difficulties were not unique to the property and there is too much of an impact on the rural neighborhood. © Regular Andover City Council Meeting Minutes —July 18, 2017 Page 5 Mayor Trude asked if there were residents in the audience wanting to speak to the issue. Councilmember Bukkila asked if the Council could hear new comments only. Mayor Trude requested the applicants be allowed to speak and commented the residents had excellent communicators in their neighborhood, as much communication has already been provided to the Council. Lee and Sandra Warneka, of 14791 Blackfoot Street NW, came to the podium. Mr. Warneka stated that much had been made about a house "ruining the neighborhood." He noted next to the proposed lot is an easement and it belongs to another neighbor and several houses in the neighborhood are close together. There was mention that the estimated size of the lot was incorrect, and the lot size information came from the County. The lot is not exactly 6 acres, but enough for two 2.5 acre lots. For the first 10-15 years the [additional] acreage was a baseball diamond and then they planted trees. They have looked at building other places in the City and would rather build a smaller compact home on their own property, which is unique lakeshore. They feel the request is reasonable and understand the neighbors do not want change. He does not like the pole barns or a multi -family home in their neighborhood, but does not have that choice on the property of others. The neighbors do not agree about the effect on wildlife and filling up of open spaces. For the last 15 years he thought it would make an ideal home site. He thanked the Council for their consideration, not ® believing if approved that it would set a precedent. Even with the lot divided in half, it would still be larger than most of the lots in the neighborhood. Mayor Trude indicated they would let the record stand, on previous comments submitted by the residents. Councilmember Bukkila acknowledged that residents will have different feelings about not wanting things to change, but that would not influence her decision. The lot size is large enough. Other than one other property, no one else could ever split their lot in this neighborhood. She wants to be able to apply the code consistently around the City. If there is a body of water or not, the land is the land and the wetland counts as land, even if it is not buildable. What she did take into consideration is lot width consistency throughout the City. The lots were mindfully created. It was intentional that it was not platted for a future lot split. It was designed to be a bigger lot that encompassed water. Most of other lot split variances have had minimal impact like 2 or 5 feet. She did not believe this circumstance justified a significant variance. She did not see the uniqueness of the property as it related to the request. Councilmember Holthus stated the variance request differs from the code a great deal. Motion by Holthus, Seconded by Bukkila, to approve Resolution No. R058-17, to deny the variance. Motion carried unanimously. © Councilmember Goodrich stated he biked through the area and looked closer at the property. He expressed concern regarding setting a precedent, going from 300 to 150 feet, with a variance now on both lots. He wants to allow people to do what they want on their property, but he cannot support the ® Regular Andover City Council Meeting Minutes —July 18, 2017 Page 6 significant variance from the code proposed here. Mayor Trude indicated she had driven out to the property a couple of times. Some lots splits have been allowed where some people were really close. She expressed if a resident meets 95% of the criteria and has a really strong case, but in this case, there are a lot of people really concerned. She confirmed the resident could build another building on their own property without a split. If the resident split the lot and wanted to do other things besides, on the property, it would get really crowded. She felt this request was big a deviation without a strong case. Councilmember Knight was in agreement with Mayor Trude. The Council could discuss code changes in the future. Councilmember Bukkila summarized her thoughts by saying that each one of the residents makes a huge investment to buy in. No one had considered subdividing in the future. All residents invested equally with the rules in place, and there is not justification for changes to that now. Mayor Trude thanked everyone for their involvement and research on this issue and their citizenship. © SCHED ULE A UGUST EDA MEETING Mr. Dickinson requested the Council schedule an EDA Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Motion by Holthus, Seconded by Bukkila, to schedule an EDA Meeting on August 2, 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. (Dickinson Update) Mr. Dickinson reported he has been working on budget related activities, in preparation for discussion in August. Outside meetings attended include: the QCTV board meeting, Youth First board meeting, Metropolitan Council's SAC Task Force — related to sewer access charges computations, and preparation for the next legislative session. There have been permits issued for 63 new homes this year. (Berkowitz Update) Mr. Berkowitz wanted to acknowledge staff preparations for the Family Fun ® Fest and work on the parks. Other ongoing work includes: studies on the rural reserve sewer analysis and related comprehensive plan, street reconstruction, and trail projects. Starting early August, there will be work on Andover Boulevard and along Hanson Boulevard. The wetland Q Regular Andover City Council Meeting Minutes —July 18, 2017 Page 7 mitigation project is moving a little faster. The irrigation work has started on Fox Meadows Park. The Capital Improvement Plan preparation is coming up and will be coming to the Council for discussion and direction. (Janish Update) Mr. Janish indicated there has been some interest expressed in commercial development. The Estates at Arbor Oaks project will be turned over to the owner on August I'`. He has also been spending time on code violations and handling resident phone calls. Councilmember Knight mentioned that Night to Unite would be on August 1"and that August 2nd is the next Council meeting, which is a Wednesday. Councilmember Holthus requested staff really look at having a crossing for pedestrians at 149`h Avenue and Crosstown Boulevard. She expressed concern regarding making it safer to cross at this intersection. Mr. Berkowitz stated he could discuss it with the County. The first step would be a preliminary [traffic] study at a cost of about $2,000. If the Council is interested, staff could start that process. Mayor Trude suggested it be a CIP discussion. MAYORICOUNCIL INPUT (Events) Mayor Trude highlighted the upcoming Alexandra House event on September 30`h, the Stepping Stone Emergency Housing event on September 11'h at The Refuge and the YMCA Annual Golf Tournament coming up this fall. She reminded residents the Bunker Hills pool needs to be accessed through Coon Rapids. She asked again if the County could address the signage. Mr. Berkowitz confirmed they are working on something to address this. It was noted this has not been addressed on the County website. The Mayor thanked staff for their extra time in preparation for Fun Fest. ADJOURNMENT Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:27 p.m. Respectfully submitted, Marlene White, Recording Secretary EJ © Regular Andover City Council Meeting Minutes — July 18, 2017 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY 18, 2017 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve Declaration of Encroachment Easement, Conditions & Covenants/ 1825 — 158thLane NW.................................................................................................................... 2 Item 4 Approve Amended Event Map/Beef O'Brady's............................................................ 2 Item 5 Approve Debt Service Payments.................................................................................. 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 3 FINAL PLAT — COUNTRY OAKS NORTH THIRD ADDITION — SW DEVELOPMENT (R057-17)................................................................................................................................... 3 ® VARIANCE REQUEST —14791 BLACKFOOT STREET NW/Warneka (R058-17) .................. 4 SCHEDULE AUGUST EDA MEETING...................................................................................... 6 ADMINISTRATOR'S REPORT.................................................................................................... 6 (Dickinson Update)..................................................................................................................... 6 (Berkowitz Update)..................................................................................................................... 6 Janish Update) .................. 7 MAYOR/COUNCIL INPUT.......................................................................................................... 7 (Events)..................................................................................................................................... 7 ADJOURNMENT........................................................................................................................... 7 E