HomeMy WebLinkAboutCC June 18, 2002
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CITY OF ANDOVER \01..lh.Ln 1/ )./6).
1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - June 18,2002
Following Special Budget Workshop held at 5:30 p.m.
Call to order - 7:00 PM .
Resident Forum
Agenda Approval
1. Approval of Minutes (6/4 Exec. Session) (6/4 Regular Council Mtg.) (6/5/02 Spec. Closed Mtg.)
Consent Items
2. Approve Payment of Claims - Finance
3. Declare Cost/Order Assessment Roll/00-39/Chesterton Commons North 2nd Addition - Engineering
4. Adopt Assessment Roll/Waive Public Hearing/OO-3 7/Townhomes of Woodland Creek - Engineering
5. Accept Neighborhood Trail Petitionl02-30/Andover Blvd. Trail Between Hanson Blvd. & Drake St.-
Engineering
6. Adopt Data Practices Policy & Procedures· Clerk
7. Consider ApprovallRezoning from Rural Residential (R-I) to Urban Residential (R-4)/1516 148th Lane
NW/Ry-Chel Gaustad - Planning
8. Consider Approval/Lot Split/ 1516 - 148" Lane NW/Ry-Chel Gaustad -Planning
9. Approve Release/Cash Escrow/Old Colony Estates and Oak Bluff 2nd Addition - Finance
10. Approve Reallocation of 2002 CIP Funding - Engineering
II. Adopt City Emergency Plan - Fire
12. Ratification of Process to Reallocate CDBG Funds - Finance
13. Consider Approval of Proposal for Park Dedication Study/NAC - Engineering
Discussion Items
14. Receive Anoka County Sheriff Department Monthly Report - Sheriff
.15. Public Hearing/Consider Vacation of Drainage and Utility Easement/2150 - 135" Lane NW/Marte and
Michelle Byrne - Engineering/Planning
16. Consider Comprehensive Plan Amendment and add Limited Commercial (LC) to the Land Use
Designations - Planning
17. Consider Amendments to Ordinance 8, Section 7/Uses in Neighborhood Business District - Planning
18. Consider Approval of Silver Meadows Preliminary Plat/16326 Verdin Street NW/Chenan Construction -
Planning
19. Consider Rezoning Property from Neighborhood Business (NB) to Limited Business (LB)/east of Hanson
Boulevard, north of 138th Lane - Planning
20. Consider Rezoning Property from Neighborhood Business (NB) to Single Family Urban Residential (R-
4 )/at SE corner of Crosstown Boulevard and Crosstown Drive - Planning
21. Consider Amendment to Ordinance 8, Section 4.05 Accessory Building & Structures - Planning
22. Consider Amendment to Ordinance 8, Section 8 - Lawn EstablishmentlUrban Residential Lots - Planning
23. Schedule Special City Council Meeting/Sunshine Park Public Service Complaint - Administration
StaffItems
24. Schedule Workshop for "Development Contract" Review - Community Development
25. Schedule Council Workshop - Capital Campaign Planning Study Committee Report -Administration
Mayor/Council
a. County Economic Development ActivitiesN erbal- Administration
Adjournment
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 14
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 18, 2002
TABLE OF CONTENTS
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MINUTES......................................................................................................2
CONSENT ITEMS
Approve Payment of Claims .................................................................................,....... ....... 2
Resolution R099-02 Adopting Assessment Roll/Waive Public Hearing/00-37/
Townhomes of Woodland Creek ....................................................................................2
Resolulion RIOO-02 Accepting Neighborhood Trail PetitionlO2-30/Andover
Boulevard Trail Between Hanson Boulevard and Drake Street...................................... 2
Adopt Practices Policy and Procedures ............................................................................... 2
Consider Approval/Rezoning from Rural Residential (R-l) to Urban Residential (R-4)
1516 14S,h Lane NW/Ry-Chel Gaustad (Ord. SlIIIII) .................................................... 2
Resolution RlOl-02 Considering Approva1/Lot Split/15l6 - 14SJh Lane NW/Ry-Chel
Gaustad ........................................................................................................................... 2
Approve Release/Cash Escrow/Old Colony Estates and Oak Bluff 2nd Addition ............... 2
Approve Reallocation of2002 CIP Funding........................................................................ 2
Adopt City Emergency Plan.................................................................................... ............. 2
Ratification of Process to Reallocate CDBG Funds ............................................................ 2
Consider Approval of Proposal for Park Dedication Study/NAC ....................................... 2
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ................ 3
Received........................................................c........ ......................................................... ...... 3
PUBLIC HEARING/CONSIDER V ACA TION OF DRAINAGE AND UTILITY
EASEMENT/2150 - 135TH LANE NWfMARTE AND MICHELLE BYRNE................... 3
Motion to Open Public Hearing............................................................................................3
Motion to Close Public Hearing ...........................................................................................3
Resolution RI02-02 to Approve ........................................................................................... 3
CONSIDER COMPREHENSIVE PLAN AMENDMENT AND ADD LIMITED
COMMERCIAL (LC) TO THE LAND USE DESIGNATIONS ......................................... 3
Motion to Approve.......................................................................................................... ...... 5
CONSIDER AMENDMENTS TO ORDINANCE S, SECTION 7/USES IN
NEIGHBORHOOD BUSINESS DISTRICT ........................................................................5
Motion to approve (Ordinance SJJJJJJ)................................................................................6
CONSIDER APPROVAL OF SILVER MEADOWS
PRELIMINARY PLAT/16326 VERDIN STREET NW/CHENAN CONSTRUCTION ......... 6
Resolution RI03-02 to approve ............................................................................................ 7
CONSIDER REZONING PROPERTY FROM NEIGHBORHOOD BUSINESS (NB)
TO LIMITED BUSINESS (LB)/EAST OF HANSON BOULEVARD, NORTH OF
138 TH LANE .................................................................. ................................................. ...... 7
Motion to approve (Ordinance SKKKKKK) ........................................................................ 7
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 15
Regular Andover City Council Meeting Minutes - December 18. 2001
Table of Contents
Page ii
CONSIDER REZONING PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO
SINGLE F AMIL Y URBAN RESIDENTIAL (R-4)/ A T SE CORNER OF CROSSTOWN
BOULEVARD AND CROSSTOWN DRIVE...................................................................... 7
Motion to approve (Ordinance 8LLLLLL) ........................................................................... 8
CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 4.05 ACCESSORY
BUILDING AND STRUCTURES .......................................................................................8
Motion to table Ordinance Amending Ordinance 8, Section 4.05........................................9
CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 8 - LAWN
ESTABLISHMENT/URBAN RESIDENTIAL LOTS ......................................................... 9
Motion to approve (Ordinance ..IlIA)................................................................................. 10
SCHEDULE SPECIAL CITY COUNCIL MEETING/SUNSHINE PARK
PUBLIC SERVICE COMPLAlNT.......................................................................................11
Motion to schedule special meeting June 26, 6:00pm .......................................................... 11
SCHEDULE WORKSHOP FOR "DEVELOPMENT CONTRACT" REVIEW..................... 11
SCHEDULE COUNCIL WORKSHOP - CAPITAL CAMPAIGN PLANNING STUDY
COMMITTEE REPORT ...................................................................................................... 11
Motion to Schedule a Special Council Workshop July 11, 2002, 6:30pm ........................... 11
MAYOR/COUNCIL INPUT
County Economic Development ActivitiesN erba1............................................................... 11
Family Fun Fest .............................................................................................. ............... ....... 12
League of Minnesota Cities Convention............................................................................... 12
Volunteers for Fun Fest.................................... ...................................................... ........ ....... 12
Levy Information in Newsletter ............................................................................................12
Property Tax Review Update ................................................................ .......................... ...... 12
ADJOURNMENT...................................................................................................................... 13
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CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 18, 1001
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, June 18,2002,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmember absent: None
Also present: City Attorney, William Hawkins
City Engineer, Scott Erickson
City Finance Director, Jim Dickinson
Community Development Director, Will Neumeister
City Administrator, John Erar
Others
RESIDENT FORUM
Mark Carlson -14383 Eagle Street stated he was at the meeting regarding consent item 5. He stated
the area was becoming crowded with a lot of children and there are not a lot of trail systems around
this area. Councilmember Trude stated she was familiar with the area and asked Mr. Carlson ifhe
knew how many kids were walking or biking during the day to the school in the area. Mr. Carlson
stated during the surnmer there was a lot of bike traffic. The kids would cut through yards on the
cul-de-sac on 144'h and get to the trail system on Hanson Boulevard. Having a trail access there
would give everyone better access to the trail.
Councilmember Trude asked if staff explained the process this would go through to Mr. Carlson.
Mr. Carlson stated they did briefly. Mr. Erickson stated they did receive a petition for a trail in the
area and it would be reviewed. Councilmember Knight asked if they wouid have the trail in by the
fall. Mr. Erickson stated it would be difficult to get a trail section in for this fall.
Mayor Gamache asked if Mr. Carlson had an address for the people whose yard the kids were cutting
through. Mr. Carlson stated they did not sign the petition so he did not have the address.
AGENDA APPROVAL
Item 3 was tabled (Declare Cost/Order Assessrnent Roll/OO-39/Chesterton Commons North 2nd
Addition).
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 2
MOTION by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried
unanimously.
Mayor Gamache stated there are some scouts at the meeting. Andy Henan came up to the podium
and said they were Troop 601 and are at the meeting for the Citizenship Badge.
APPROVAL OF MINUTES
June 4,2002, Executive Session: Correct as written.
June 4, 2002, Regular Meeting: As amended.
June 5, 2002, Special Closed Meeting: Correct as written
Councilmember Jacobson had a change on Page 7 of the June 4, 2002, Regular Meeting. He stated
in paragraph three the sentence should read". .. variance and there is no hardship and he said that he
the petitioner would be willing to go along..."
Councilmember Trude had a change on Page 13. She stated the Motion should read 3 ayes, 2 nays
(Trude, Gamache Orttel).
MOTIONby Jacobson, Seconded by Trude, approval ofthe Minutes. Motion carried unanimously.
CONSENT ITEMS
Item 2 Approve Payment of Claims
Item 4 Adopt Assessment Roll/Waive Public HearinglOO-37rrownhomes of Woodland
Creek (See Resolution R099-02)
Item 5 Accept Neighborhood Trail Petition/02-30/Andover Boulevard Trail Between
Hanson Boulevard and Drake Street (See Resolution RlOO-02)
Item 6 Adopt Data Practices Policy and Procedures
Item 7 Consider ApprovallRezoning from Rural Residential (R-l) to Urban Residential (R-
4)/1516 14Sth Lane NW/Ry-Chel Gaustad (Ord. SII1I1I)
Item S Consider Approva1!Lot-Split/1516 - 14Sth Lane NW/Ry-Chel Gaustad (See
Resolution RI0I-02)
Item 9 Approve Release/Cash Escrow/Old Colony Estates and Oak Bluff 2nd Addition
Item 10 Approve Reallocation of2002 CIP Funding
Item 11 Adopt City Emergency Plan
Item 12 Ratification of Process to Reallocate CDBG Funds
Item 13 Consider Approval of Proposal for Park Dedication Study/NAC
MOTION by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
Regular Andover City Council Meeting
Minutes -June 18,2002
Page 3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Lieutenant Dave Jenkins, Anoka County Sheriff's Department, provided an update on law
enforcement activities occurring within Andover for the month of May.
Councilmember Trude stated she had asked Commander King about the backup on the east side at
the railroad tracks on Bunker Lake Boulevard and if signs could be put up alerting cars coming
around the curve to slow down. Residents have continued to complain about the backup and the
speeding vehicles and were concerned with witnessing accidents from their windows. Lieutenant
Jenkins stated he was aware of the request and Captain King is working on it.
PUBLIC HEARING/CONSIDER VACATION OF DRAINAGE AND UTILITY
EASEMENT/2l50 _135TH LANE NW/MARTE AND MICHELLE BYRNE
Mr. Neumeister noted the property owner has requested that ten feet of the existing 40 foot drainage
and utility easement bordering the south end of the property be vacated to allow an above ground
swimming pool to be located on the property. The engineering department has reviewed the
proposed easement vacation and determined that ten feet of the existing easement can be vacated
without impacting drainage or utilities in the surrounding area.
MOTION by Knight, Seconded by Trude, to open the public hearing at 7:20 p.m. Motion carried
unanimously.
Ms. Michelle Byrne stated they would like to put in an above ground pool in their backyard. They
had gone through the neighborhood and talked to numerous neighbors and almost everyone on the
block has an above ground pool. She stated no one had an issue with the pool.
MOTION by Orttel, Seconded by Trude, to close public hearing at 7:21 p.m. Motion carried
unanimously.
MOTION by Knight, Seconded by Jacobson, to approve Item No. 15 (Consider Vacation of
Drainage and Utility Easement/2150 - 135th Lane NW /Marte and Michelle Byrne, Resolution Rl 02-
02). Motion carried unanimously.
CONSIDER COMPREHENSIVE PLAN AMENDMENT AND ADD LIMITED COMMERCIAL
(LC) TO THE LAND USE DESIGNATIONS
Mr. Neumeister noted the Planning Cornmission held a workshop on April 9, 2002 where the
Neighborhood Business District (NBD) study was presented by staff. The report and discussion
focused on the various changes needed in both the Comprehensive Plan and the Zoning Ordinance to
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Regular Andover City Council Meeting
Minutes -June 18,2002
Page 4
implement the NBD study recommendations. This report focuses on the portions ofthe NBD study
that detail the changes needed in the Land Use Plan to allow the zoning changes to be implemented.
Mr. Neumeister stated staff recommended the City Council approve changes to the Land Use Plan as
presented.
Councilmember Trude cornmented that they were adding new zoning to allow office buildings in the
community. She stated they wanted to add more office businesses to the community because they
are beneficial. Mayor Gamache stated this would work well butting up to residential neighborhoods.
Councilmember Jacobson stated on page 9, Site C-l, underlot area it listed the lot area at 2.8ac. and
it is closer to 5. Mr. Neumeister stated this should read 3.8ac. Councilmember Jacobson stated on
Site D-l, the fire station area, to make it a low density residential, there was not enough depth to be
able to build anything on this. Mr. Neumeister stated that was correct. Councilmember Jacobson
asked Attorney Hawkins on Site A-I and A-2, there was a special use permit on one of the parcels
and by doing what they were doing, what legally did this do to the permit they had been issued.
Attorney Hawkins stated by amending the Comprehensive Plan, there would not be any affect on the
pennit but when it would be rezoned, it would eliminate the special use permit that was allowed in
that classification.
Councilmember Orttel asked why the limited business was limited to just the urban area and would it
not make a good buffering in the rural area. Mr. Neumeister stated they would not limit the use of
this to just the urban area, it would allow them the opportunity in the future to add it to rural.
Councilmember Trude stated on page 3, under limited commercial, it lists City utilities only within
the MUSA. Councilmember Orttel stated they should explore this.
Councilmember Knight stated they had never debated the spot-zoning topic and to do this without
the discussion would be a whole other topic. Councilmember Orttel stated there was a definition of
spot zoning which did not preclude having a spot that is zoned a particular way. He stated that spot
zoning is if it is done to benefit a particular person without a particular plan.
Councilmember Orttel stated there should be buffering for 24 hours high use commercial next to the
residential area. Councilmember Trude stated this should be another phase of their study. Mr.
Neumeister stated the issue they were raising was if they wanted limited cornmercial in the rural area
of the City; they may want to look at the wording.
Mr. Neumeister stated at the Planning meeting, the Commission did not see a specific need for
rezoning in the rural area. Mayor Gamache stated this would need to have City utilities to fall within
this category.
Councilmember Jacobson asked if they were looking to rezone only four sites. Mr. Neumeister
stated this was correct.
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 5
Councilmember Trude had a comment regarding the site next to the fire station and ifthey are not
using open space designation anymore. Mr. Neumeister stated they did recommend in the bullet
points to use the land for fire station use and by putting that designation there, it severely restricts it
to only public use. From the report, rnost of the site was a wetland area so it could be designated
public use.
MOTION by Jacobson, Seconded by Orttel, to authorize staff to petition for a change in the
Comprehensive Plan to the Metropolitan Council and include the five bullet points listed in the
report. Motion carried unanimously.
Councilmember Trude asked if there was a public hearing at the Planning Commission level. Mr.
Neumeister stated this was correct.
CONSIDER AMENDMENTS TO ORDINANCE 8, SECTION 7/USES IN NEIGHBORHOOD
BUSINESS DISTRICT
Mr. Neumeister noted the Planning Commission held a workshop meeting on April 9, 2002 where
the Neighborhood Business District (NED) study was presented by staff. The original report and
discussion focused on the various changes needed in both the Comprehensive Plan and the Zoning
Ordinance to implement the study recommendations. This report more closely focused on the
portions of the NBD study that detail the changes needed in the language in the Zoning Ordinance
for the necessary changes to be implemented.
Mr. Neumeister stated in making these changes, the City must consider the general philosophy for
neighborhood commercial locations, appropriate land use types, scale and performance standards,
and site issues such as surrounding land uses, traffic generation, and public facilities.
Mr. Neumeister stated staff requested the City Council to approve the proposed changes to the
Zoning Ordinance.
Mr. Neumeister stated during the initial study of the Neighborhood Business Districts, the consultant
pointed out that there were potential negative impacts from some types of restaurants (i.e., fast food)
and other uses that were Special Uses. It was suggested that further study should be given them. If
so, a separate report should be prepared at a future date to deal with the potential changes to the
administration and performances standards sections of the Zoning Ordinance. If the Council is
interested in having staff conduct this study and incorporate this into the Zoning Ordinance update,
staff asks the Council to provide direction.
Councilmember Jacobson asked about the permitted use of restaurants and if they could operate 23 V.
hours a day and still fall into the permitted use category and not fall into the 24-hour use category.
Mr. Neumeister stated that was true. Councilmember Orttel stated they should put restaurants into
the special use category. Councilmember Jacobson suggested they add language regarding
restaurants to the effect that the hours of operation be subject to special use permit. Mr. Neumeister
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 6
stated this would fall into the performance standard sections that would come back to the Council for
approval.
MOTIONby Orttel, Seconded by Trude, to approve the Amendment to Ordinance 8, Section 7, Uses
in Neighborhood Business. (Ord. 8JJJJJJ) Motion carried unanimously.
CONSIDER APPROVAL OF SILVER MEADOWS PRELIMINARY PLAT/16316 VERDIN
STREET NW/CHENAN CONSTRUCTION
Mr. Neumeister noted this item was a rural residential plat proposing to create eight properties from
a forty-acre parcel located north and west of the intersection ofCSAH 20 and Verdin Street NW.
A revised grading, drainage and erosion control plan has been submitted and reviewed by the
Engineering Department. The Park and Recreation Commission recommended that park dedication
fees be collected in lieu of land for the proposed plat. The Commission also requested a trail
connection to Lund's North Park, which was included in the proposed project. Staff recommends
approval of the proposed preliminary plat with variances to the minimum lot size for Lots 1 and 2,
Block 1 and allowing custom grading of Lots 4 and 5, Block 2 under the direction of the City
Engineer and Building Official.
Councilmember Jacobson asked if there was a request for a variance for the 150x 1 05-building pad.
He assumed this was part of the custom grading but it should be mentioned in the resolution. Mr.
Neumeister stated it was correct and in the resolution there was a whereas that calls out that as a
basis for requesting the variance. Councilmember Jacobson stated it was not listed in the resolved
section. Mr. Neumeister stated they could clean it up by saying the proposed variance request for lot
size number 1 as written and for the required 150x 150 foot contiguous buildable area for lots 4 and 5
in number three under resolved.
Councilmember Jacobson stated there was another discussion regarding raising the trail and a
problem with the elevation needing to be increased. There was also discussion about the developer
grading and putting in class five but ITom reading the minutes it did not sound like it would be
paved. Mr. Erickson stated it would be paved either by the developers or come in under a separate
contract but typically they try to piggyback that on top of the development project that is going
forward. Councilmember Trude stated this should be added to the conditions, that the trail easement
be dedicated to provide for a development agreement.
Councilmember Jacobson wanted to know if there was a need to define which direction the house on
the cul-de-sac would face. He assumed it would face the cul-de-sac but it could fit either way and on
the two substandard lots they could face Wren Street and on Lot 6, it could face on 163rd but
technically they could put it on Verdin Street. Mr. Erickson stated they did want to restrict access to
Verdin Street.
Councilmember Trude stated they needed to add condition 6 that there would be a dedication of trail
easement between Lots 2 and 3 of Block 1 and preparation of the bed for the future trail bed.
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 7
MOTION by Knight, Seconded by Trude, to approve Item No. 18 (Approval of Silver Meadows
Preliminary Plat/16326 Verdin Street NW/Chenan Construction. See Resolution RI03-02).
Motion carried unanimously.
CONSIDER REZONING PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO
LIMITED BUSINESS (LB)/EAST OF HANSON BOULEVARD, NORTH OF 138TH LANE
Mr. Neumeister noted this item follows the recommendations of the Neighborhood Business study
concerning two undeveloped properties located on the east side of Hanson Boulevard both north and
south of 139th Lane. The subject property had been zoned Neighborhood Business (NB) for many
years. During this time, the surrounding property has been developed with single- family residential
housing. This neighborhood also shares access to Hanson Boulevard with the subject properties.
Mr. Neumeister stated the neighborhood business district allowed a wide variety of commercial land
uses, some which were not appropriate for a commercial property that abuts a single-family
residential neighborhood. Mr. Neumeister stated time and conditions have changed to such an extent
that rezoning of the property was appropriate. Due to the fact that the City does not zone property
for either medium or high density residential land uses without a rezoning contract, a rezoning to one
of these zoning districts would only occur during the review of a specific project.
Mr. Neumeister stated it was recommended that the subject properties be rezoned to the Limited
Business (LB) Zoning District with the understanding that under a dual land use designation
(LCIURM), the opportunity to rezone the property for a residential land use still exists.
Councilmember Knight asked if they had heard from the owner. Mr. Neumeister stated Mr.
Rademacher's representative called him and asked if it would be on the agenda. He told the
spokesperson it would be.
MOTION by Orttel, Seconded by Trude, to approve an Ordinance Amending Ordinance No.8,
Section 6/03, Zoning District Map the City of Andover. (Ord. 8KKKKKK) Motion carried
unanimously.
CONSIDER REZONING PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO
SINGLE FAMILY URBAN RESIDENTIAL (R-4)/AT SE CORNER OF CROSSTOWN
BOULEVARD AND CROSSTOWN DRIVE
Mr. Neumeister explained this item followed the recommendation ofthe Neighborhood Business
study concerning underdeveloped property containing a significant wetland located immediately
south of the intersection of Crosstown Boulevard and Crosstown Drive. The property is currently
zoned Neighborhood Business (NB). The property was very likely unbuildable due to the large
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page S
amount ofwetiand. The City owns the property. The consultant's recommendation is to rezone the
property to Multiple Dwelling (M-2). It is recommended that the site be rezoned to Single Family
Urban Residential (R-4) to match the zoning of contiguous property to the south and adjacent
property to the west.
Mr. Neumeister stated one of the items Mr. Bednarz pointed out was there were nineteen sites
identified on the study but they found two more sites that were missed by the consultants. He stated
there should have been 21 sites so they were going to bring it to the Planning Commission next week
for rezoning to low density residential.
MOTION by Jacobson, Seconded by Orttel, to approve an Ordinance Amending Ordinance No.8,
Section 6.03, Zoning District Map of the City of Andover. (Ord. SLLLLLL) Motion carried
unanimously.
Councilmember Knight stated this should be an area that is designated as a permanent green area.
Councilmember Orttel stated they did not have this in the Ordinance and they should consider it
when redoing the Ordinances.
CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 4.05 ACCESSORY BUILDING
AND STRUCTURES
Mr. Neumeister explained this item concerned modifications to the ordinance regulating detached
accessory structures on urban residential lots. This issue was raised at the Council Goal Setting
meetings in April 2002 where the Council discussed the size of detached accessory buildings on
urban lots and how much of the yard they occupy. No changes to accessory structure requirements
for lots greater than one acre in size were proposed.
Mr. Neumeister stated the Planning Commission recommended in favor of the proposed
amendments to size, height and location of detached accessory structures on urban lots. They also
recommended a minimum roof pitch of 4/12 and that urban lots be limited to one driveway access.
The attached amendment sets a maximum size of 30S square feet for detached accessory buildings
on urban lots. This equates to a wide one-stall garage. This size was chosen to ensure that the
structure would be large enough for yard equipment, vehicles and some boats. All detached
structures (including yard barns less than 120 square feet in size) are included in this calculation. He
stated the attached amendment would require new houses constructed in the urban area after the
effective date of the ordinance to construct an attached garage that meets the minimum garage size
requirement (440 square feet). He stated the City requires a 440 square foot garage.
Councilmember Trude noted the bigger the storage space people have next to their homes, the more
likely they are to have a business move in and generate traffic. She has had complaints with
construction of sheds because people thought they moved into an area with covenants. People have
asked her ifthere was a way to get structures limited in size because the standard with new homes is
a triple garage attached to the home that is almost a thousand square feet in size. A lot of garages are
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Regular Andover City Council Meeting
Minutes - June 18. 2002
Page 9
oversized and she was concerned with 30S feet being very large. She has had requests to look at size
restrictions and combining storage space with other space. She would like to see them limit the
attached structures as well so it is at least 75% of the foundation size of the main structure so the
garages are not larger than the house.
Councilmember Orttel stated the city has a requirement that there could only be a 440 foot garage
and they never had houses built without garages. Mr. Neumeister stated the keyword is "attached".
We currently have a garage requirement but it could be detached so this would remove the possibility
on new construction to have anything more than 30S square foot detached structure in the backyard.
By taking away the detached option, except for those already in existence, it would restrict it down to
a small-detached building. Councilmember Trude stated this would still be larger than the small
storage shed and would require a permit.
The Council discussed the issue of storage garages versus storing items outside.
MOTION by Jacobson, Seconded by Knight, to table Item No. 21 (Consider Amendment to
Ordinance S, Section 4.05 Accessory Building & Structures) until a future date. Motion carried
unanimously.
Councilmember Orttel asked staff to look into a provision that the garage must look like the house.
CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 8 - LAWN
ESTABLISHMENT /URBAN RESIDENTIAL LOTS
Mr. Neumeister explained the issue is to consider whether to require developers to install sod on
residential lots prior to issuance of a Certificate of Occupancy or appropriate escrow during the
winter months. Currently the City has no requirements on lawn establishment prior to the issuance
of a Certificate of Occupancy.
Mr. Neumeister stated there was a range of choices that could be made in lawn establishments,
including:
1. Boulevard sod only, with or without escrow.
2. Boulevard and front yard only sodded with black soil, with or without escrow.
3. Boulevard, front and side year sodded with black soil, with or without escrow.
4. Boulevard, front, side and rear yards sodded with black soil, with or without escrow.
Mr. Neumeister stated staffrecommended option 3 with a $2,500 dollar escrow and review after 2
years. Staff initially proposed the entire lot be sodded at the time of the Goal Setting Workshop.
However, based on the comments and discussion at the Planning Commission, it is now
recommended that the Council consider the lawn establishment for the front and side yards only
along with the other conditions recommended by the Planning Commission. The Planning
Commission recommended the seeding/sodding be required only in the front yard area. $2,500
escrow would be sufficient for work to be done.
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Regular Andover City Council Meeting
Minutes - June 18, 2002
Page 10
Mayor Gamache asked why it was recommended to go from the entire lot to partial lot. Mr.
Neumeister stated that staff thought they should go halfway instead of all the way based on what
they found from the chart. Mayor Gamache stated there was an issue with watering lawn for new
sod and this would take more water than what was established with the odd/even days.
Councilmember Orttel stated he would be inclined to put sod in the front and black dirt in the back
for future use. Councilmember Knight stated they would need to get it escrowed or sodded before
anyone could move in. Councilmember Orttel stated he would rather see the builder take on this
responsibility rather than the developer but it would need to be done before the homeowner got
involved.
The Council had a lengthy discussion regarding the issue oflawn establishment in the City.
The Council wanted to know what organic soil was. Winslow Holasek stated organic soil was fibers
and peat. He stated it was ten percent organic and ninety percent water and most people who buy
black dirt will turn the soil six feet down and mix it with sand. He stated that as far as cost, retail
would be $1.00 a square yard delivered and a cubic yard is thirty-six feet deep. After compacted,
they would lose twenty-five percent ofthe soil so it would be hard to say they needed four inches of
black dirt and still maintain it.
MOTION by Trude, Seconded by Orttel, to approve an Ordinance Amending Ordinance No. 111,
Lawn Establishment in the City of Andover with the following amendments:
1. Section two; the last sentence should be changed to "The top soil shoüld shall not
contain more than 35% sand content."
2. Section three; the first sentence should be changed to "Organic Black soil shall be
spread so as to provide at least four (4) inches of eoycr over the entire vard".
3. Section four, should read "The spreading of soil and sodding or professionallv
seeding, of the front and side yard lawn shall be completed within six months after
the issuance of the Certificate of Occupancy.
Motion carried 4 ayes, 1 nay (Jacobson). (Ord. IliA)
Mr. Erar stated that if topsoil were laid in the back yard and not sod, the wind would blow it
away just like sand. In this instance, they should cover the entire area. Councilmember Trude
asked what Mr. Neumeister suggested for the topsoil. Mr. Neumeister stated that he would
distribute it over the entire lot.
Mr. Holasek stated a good lawn could be established if there was good seed, good black dirt and
an appropriate irrigation system. Seeding is limited to two seasons ofthe year, before April 15
and after August 15.
Regular Andover City Council Meeting
Minutes -June 18, 2002
Page 11
SCHEDULE SPECIAL CITY COUNCIL MEETING/SUNSHINE PARK PUBLIC SERVICE
COMPLAINT
Mr. Erar explained the City Council held and Executive Session on June 5, 2002 to discuss
allegations against two Park Recreation Commission mernbers and requested council to consider
scheduling a special Council meeting date on one of the following dates: Thursday, June 27;
Monday, July 8; Tuesday, July 9; Monday, July" 15; or Thursday, July 18.
MOTION by Jacobson, Seconded by Orttel, to schedule a special Council meeting on Thursday,
June 27, 2002 at 6:30 p.m. Motion carried unanimously.
MOTION by Trude, Seconded by Knight, to amend the Motion to schedule a special council
meeting for Wednesday, June 26, 2002 at 6:00 p.m. Motion carried unanimously.
SCHEDULE WORKSHOP FOR "DEVELOPMENT CONTRACT" REVIEW
Staffrequested council to schedule a workshop on July 26,2002 to review changes to the
development contract.
Consensus was reached by the City Council to add this to the agenda of the June 26, 2002
meeting.
SCHEDULE COUNCIL WORKSHOP- CAPITAL CAMPAIGN PLANNING STUDY
COMMITTEE REPORT
Mr. Erar requested Council schedule, Thursday, July 11, 2002 at 6:30 p.m. as a Special Council
Workshop for the purpose of receiving the Capital Campaign Planning Study Committee Report.
MOTlONby Jacobson, Seconded by Orttel, to schedule a Special Council Workshop for the
purpose of receiving the Capital Campaign Planning Study Committee Report for Thursday, July
11, 2002 at 6:30 p.m. Motion carried unanimously.
MAYOR/COUNCIL INPUT
(County Economic Development Activities/Verbal) - Mr. Erar stated he spoke with Julie Shortridge
with the Anoka County Economic Development Group, in response to what they could do for the
City in regard to marketing and a meeting has been scheduled. He stated they are still in the process
of developing a strategic plan on how they will assist cities, but there may be opportunity for
marketing some of the EDA's property.
Regular Andover City Council Meeting
Minutes -June 18,2002
Page 12
(Family Fun Fest) - Mayor Gamache stated this would be the last City Council meeting before the
Andover Family Fun Fest on June 28 to 30 at City Hall with events being held on Friday and a
parade on Saturday and fireworks on Saturday night. He stated the Community Based Church
Service will be on Sunday, at 10:00 a.m., in the parking lot behind City Hall. This year, three
churches have gotten together to hold this event and would be inviting some of the firefighters and
staff of the Anoka County Sheriffs Department to honor the work they do for us and in
remembrance of September 11 th. Mayor Gamache stated he would be in the dunk tank.
(League of Minnesota Cities Conference) - Councilmember Gamache stated that he and Mr. Erar
would be attending the conference.
(Volunteers for Fun Fest) - Councilmember Orttel stated they needed resident volunteers for the Fun
Fest. Mayor Gamache stated the some of the U of M Gophers would be grand marshals of the
parade.
(Levy Information in Newsletter) - Councilmember Trude stated she met with Dawn Heidelman, the
co-chair of the AnokalHennepin Vote Yes Levy, and sent Ms. Heidelman's apologies for the
correspondence the Council had received. She stated Ms. Heidelman was having trouble with
getting people in Andover to help promote this. Ms. Heidelman stated the School District was
looking at an additional $28 million in cuts for this upcoming school year and was wondering ifthe
Council would allow them to publish information in the newsletter. Mayor Gamache stated they
normally stay away ¡¡-om political issues in the newsletter. Informational items would be permitted.
(Property Tax Review Update) - Councilmember Trude updated the Council on the progress
regarding the property tax review. The assessor has reviewed a lot of parcels in the City that had
been increased at a high percentage and these would come back at lower percentage increases at the
time people get their truth in taxation statements. She talked with some of the people they helped at
the Board of Review who indicated they did not receive anything from the County that council had
directed in their motions. Councilmember Trude wondered if the Council wanted to send a letter or
have Mr. Erar contact them. Mr. Erar stated he talked to Mary Boyle and she did indicate the one
individual had received the information and his concerns had been addressed.
Councilmember Trude stated had talked to the attorney representing the property owner and he said
they led him to believe there were comps on the land but there was no data supporting the increase
on the Andover side of the lake versus the Coon Rapids side. She also talked to one of the owners of
Green Acres property and the only information they gave him was that five assessors met from
different counties and they came up with some number out ofthe hat and that was how they came up
with green acres property. She stated they did not have any sales data or comp data and she found
that very unsatisfactory.
Councilmember Jacobson stated they should have them come back and address some of the issues
that have been brought up. Councilmember Trude stated staff should dictate a letter and let them
know they did not dedicate adequate resources to the problem.
Regular Andover City Council Meeting
Minutes-June 18,2002
Page 13
Councilmember Knight asked if Mr. Holasek had heard from the Assessor. Mr. Holasek stated he
believed this was still in review. Mayor Gamache suggested they request an update on where they
are in the process. Mr. Erar offered to draft a letter asking where they are in the process.
Councilmernber Ortte1 asked if the board approved the changes the Council had made.
Councilmember Trude stated she did not think they needed to because the Council sat as the initial
Board of Equalization. Mr. Neilson told her the amounts that they directed at their meeting were not
entered into the records. Councilmember Trude stated she thought that they needed follow-up.
Councilmember Orttel asked if they could get specific information on the items that they had a
motion on. Mr. Erar stated he would include that in the letter.
MOTION by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting
adjourned at 10:00 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary