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HomeMy WebLinkAboutCC July 16, 2002 ~ rvJ ~ ~/5'fo;-- CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.cI.ANDOVER.MN.US Regular City Council Meeting - July 16,2002 6:30 PM - Planning Commission Interview (paula Jean Larson)-Conf. Rm A . Call to order - 7:00 PM Resident Forum Agenda Approval 1. Approval of Minutes (6/26/02-Council Workshop) (6/26/02-Spec. Mtg.) (7/2/02-Regular CC Mtg.) Consent Items 2. Approve Payment of Claims - Finance 3. Consider Special Use PennitIBruce Knowlan (Liquors Plus, Inc.)/2288 Bunker Lake Blvd.-Planning 4. Approve Liquor License/Liquors Plus, Inc. - Clerk 5. Consider Amendment to Ordinance 10lExtend ARC'Review Period -Planning 6. Development Contract Language Revisions - Planning 7. Approve Kennel License Renewal!Dover Kennel - Clerk 8. Accept Well #8 Easement from Anoka-Hennepin School District/99-8 - Engineering 9. Approve Plans & Specs/O 1-30/Prairie Road Reconstruction/2002 CIP - Engineering 10. Approve Consultant/02-22/Sanitary Sewer Study-Rural Reserve Area (Supplemental) - Engineering II. Acknowledge Resignation/Public Works Department - Administration Discussion Items 12. Public HearinglVacation of Drainage and Utility Easement/3336 South Coon Creek DR/Mike Caron- Planning 13. Public Hearing/Consider New OrdinancelExtend Term of Mayor - Administration 14. Public Hearing/CDBG Funding Reallocation - Finance 15. Receive Anoka County Sheriff Department Monthly Report - Sheriff 16. Consider Variance Denial/Mary Evers-Rystrom/1353 I 42nd Avenue SW-Planning 17. Consider Residential Sketch PlanIW oodland 4th Addition/I 52nd and Nightingale-Planning 18. Consider Appointment of Planning Commission Member - Planning 19. Consider Amendment to Ordinance 8/ Revisions to Accessory Building & Structures, Continued- Planning Staff Items 20. Schedule Special Joint City CounciV Park & Recreation Commission Meeting - Engineering 21. Receive Executive SummarylRural Reserve Open House - Community Development 22. 2002 2nd Quarterly Financial Report - Finance 23. Consider Approval of Plans & Specs/98-20/Bunker Lake Boulevard Underpass - Engineering 24. Schedule EDA Board Meeting/July 25,2002 - Administration Mayor/Council 25. Schedule Council Workshop/Community Center Project - Administration 26. National Night Out Program Activities - Community Development Adjournment - .~ - -- Regular Andover City Council Meeting Minutes - July 16, 2002 - REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 16, 2001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL.............................................................................................................2 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 3 Resolution RII0-OZ Consider Special Use Permit/Bruce Knowlan (Liquors Plus, Inc.)/ 2288 Bunker Lake Boulevard .........................................................................................3 Approve Liquor License/Liquors Plus, Inc.......................................................................... 3 Consider Amendment to Ordinance lO/Extend ARC Review Period ................................ 3 Approve Kennel License RenewallDover Kenne1............................................................... 3 Accept Well #8 Easement from Anoka-Hennepin School District/99-8............................. 3 Resolution RIII-02 Approve Plans and Specs/01-30/Prairie Road Reconstruction! 2002 CIP ......................................................................................................................... 3 Acknowledge ResignationlPublic Works Department ........................................................ 3 Approve Fire Tanker Payment............................................................................................. 3 APPROVE CONSULTANT/02-22/SANITARY SEWER STUDY RURAL RESERVE AREA.................................................................................................................................... 3 Motion to Approve................................................................................................................ 3 PUBLIC HEARINGN ACATION OF DRAINAGE AND UTILITY EASEMENT/ 3336 SOUTH COON CREEK DRIVEIMIKE CARON ...................................................... 4 Resolution R112-02 to Approve ........................................................................................... 4 PUBLIC HEARING/CONSIDER NEW ORDINANCE/EXTEND TERM OF MAYOR ....... 4 Motion to Deny ..................................................................................................................... 6 PUBLIC HEARING/CDBG FUNDING REALLOCATION ................................................... 6 Motion to Approve................................................................................................................ 6 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ............... 6 Received................................................................................................................................ 6 CONSIDER VARIANCE DENIALIMARY EVERS-RYSTROM/ 1353 142ND A VENUE SW.................................................................................................... 7 Motion to refer to stafffor resolution approving.................................................................. 9 CONSIDER RESIDENTIAL SKETCH PLAN/WOODLAND 4TH ADDITION/ 152ND AND NIGHTINGALE ............................................................................................... 10 CONSIDER APPOINTMENT OF PLANNING COMMISSION MEMBER .......................... 13 Motion to appoint Paula Jean Larson.................................................................................... 13 CONSIDER AMENDMENT TO ORDINANCE 8/REVISIONS TO ACCESSORY BUILDING AND STRUCTURES, CONTINUED.............................................................. 14 Ordinance No.8 to Amend Revisions to Accessory Building and Structures........................... 14 MOTION TO MOVE ITEMS 21 AND 22 TO NEXT COUNCIL MEETING ........................ 15 SCHEDULE SPECIAL JOINT CITY COUNCIL/P ARK AND RECREATION COMMISSION MEETING .................................................................................................. 15 Regular Andover City Council Meeting Minutes - July 16, 2002 , Motion to approve................................................................................................................. 15 CONSIDER APPROVAL OF PLANS AND SPECS/98-20/BUNKER LAKE BOULEVARD UNDERP ASS.............................................................................................. 15 Resolution RI13-02 to approve ............................................................................................. 16 SCHEDULE EDA BOARD MEETlNG/JUL Y 25,2002.......................................................... 16 Motion to approve................................................................................................................. 16 MAYOR/COUNCIL INPUT Schedule Council Workshop/Community Center Project .................................................... 16 Motion to Approve........................................................................................................... 16 National Night Out Program Activities ................................................................................ 16 Special Council Meeting for July 30, 2002 .......................................................................... 17 Motion to Approve........................................................................................................... 17 Letter from Sheila Freeman Regarding Sunshine Park......................................................... 17 Speed Sign on Crosstown ..Boulevard.................................................................................. 17 Sprinkler Problems at the New School................................................................................. 17 Transportation Meeting......................................................................................................... 17 Renaming of Commercial Boulevard to Station Parkway.................................................... 17 ADJOURNMENT...................................................................................................................... 17 --..- ---- . CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JULY 16,1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 16,2002,7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson (arrived at 7:15 p.m.), Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Scott Erickson City Finance Director, Jim Dickinson Cornmunity Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM Mr. John Zillhardt - 3753 - 1451h Avenue NW, stated he has been a resident for 23 years. The situation he has run into for two years is some noise in the neighborhood that is annoying. Mr. Zkillhardt stated the particular block party was two blocks away from him and he did research on the two Ordinances and they are inconsistent. He referred to Ordinance #232, regulating ol.tdoor parties and Ordinance #230, regulating outdoor noise. He stated that Ms. Yolk told him that every party with 50 or more people is required to have a permit in the City but this could be fought because the Ordinance states the party needs a permit if there is intoxicating liquor or non-intoxicating malt beverage. The noise ordinance is very strict but there is also a flaw in the Ordinance because it states that if there is a permit, they are allowed to continue with the party. He stated there is a lot of misunderstanding with the Ordinance and he would like the Council to clear this up to make the Ordinance fair to everyone. He stated that in researching this with Ms. V olk, there could be a party any night of the week on any block according to the Ordinance. Councilmember Trude asked if this has happened on a regular basis and did he not have any success with calling law enforcement. Mr. Zillhardt stated that this has happened two years in a row with the same party. Councilmember Jacobson arrived at 7:15 p.m. Mayor Gamache suggested that the Ordinances be updated. .. Regular Andover City Council Meeting Minutes - July 16, 2002 Page 2 AGENDA APPROVAL Add to the Agenda Under Consent Items, Item lla (Approve Fire Tanker Payment), Remove from Consent Items for Discussion Item 10, (Approve ConsultantJ02-22/Sanitary Sewer Study-Rural Reserve Area). Add to Mayor/Council Input, A meeting for the Local Officials Meeting. Councilmember Orttel stated he would like the record to indicate that he took issue with some of the finance and aspects on Item 6 (Development Contract Language Revisions) on the development contract during the worksession. He understood that he lost and did not want it pulled but he wanted it noted that he did not agree with those parts of the item and the rest of it he did understand. Mr. Erar stated on Item 6, there is nothing to act on and it has been tabled until August 5, 2002. Mr. Erar would like the Council to consider adding to the Mayor/Council Input a meeting for the Local Officials Meeting for Tuesday, July 30, 2002 because the Council will not be meeting again until August 5, 2002. MOTIONby Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES June 26. 2002,Council Workshop: Correct as written. June 26, 2002, Special Meeting: Correct as written. July 2, 2002. Regular Meeting: Correct as revised. MOTION by Trude, Seconded by Knight, approval of June 26, 2002 Minutes as indicated above. Motion carried unanimously. Mayor Gamache stated Councilmember Jacobson had a change to the July 2,2002 minutes, on page 5, second paragraph, the sentence should read "Councilmember Jacobson stated this is another unfunded government mandate and he questioned how can anyone you say it is a bad idea to stop pollution. but the cost to do this is unimaginable and there ought to be an easier way to do this." MOTION by Orttel, Seconded by Knight, approval of July 2,2002 Minutes as indicated above. Motion carried 4 aye, 0 nay, 1 present (Trude). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Consider Special Use Permit/Bruce Knowlan (Liquors Plus, Inc.)/2288 Bunker Lake Boulevard (See Resolution Rll 0-02) -. . Regular Andover City Council Meeting Minutes - July 16, 2002 Page 3 Item 4 Approve Liquor License/Liquors Plus, Inc. Item 5 Consider Amendment to Ordinance 1 OlExtend ARC Review Period (See Ordinance No. 10) Item 7 Approve Kennel License Renewal/Dover Kennel Item S Accept Well #S Easement from Anoka-Hennepin School District/99-S Item 9 Approve Plans & Specs/01-30/Prairie Road Reconstruction/2002 CIP (See Resolution RIII-02 Item 11 Acknowledge ResignationlPublic Works Department Item lla. Approve Fire Tanker Payment (Supplemental) MOTION by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE CONSULTATION/02-11/SANITARY SEWER STUDY-RURAL RESERVE AREA (SUPPLEMENTAL) Councilmember Orttel stated that he had this pulled because he thought they would be losing a lot of time by going with another consultant. Mr. Erickson stated they sent this out to six engineering firms to provide an RFP to the City for a Sanitary Sewer Study and one of the firms was TKDA who previously prepared the sewer study for the City and they chose not to propose at this time because of constraints with manpower and timing. He stated they received three proposals back from three separate firms. He did not think there would be a substantial loss of time. The firm WSB was one of three that they interviewed and they had a lot of experience in this. Councilmember Orttel asked what the timeline would be. Mr. Erickson stated he believed this needed to be completed by the end of the year. He showed Staff a timeline and discussed the study. Councilmember Orttel asked if the rules changed, would they still need the report. Mr. Erickson stated they would still need the report and they would still have the ability to make changes at the City level. MOTIONby Jacobson, Seconded by Trude, to approve Item 10 (Consu1tation/02-22/Sanitary Sewer Study-Rural Reserve Area). Motion carried unanimously. PUBLIC HEARING/VACATION OF DRAINAGE AND UTILITY EASEMENT/3336 SOUTH COON CREEK DR/MIKE CARON Mr. Neumeister explained the City Council is asked to renew the approval of a Vacation of Drainage and Easement that was approved in 1999 but has since expired due to inactivity. -. Regular Andover City Council Meeting Minutes - July 16, 2002 Page 4 MOTION by Trude, seconded by Knight, to open public hearing at 7:30 p.m. Motion carried unanimously. No one wished to address the Council. MOTION by Jacobson, seconded by Trude, to close public hearing at 7:31 p.m. Motion carried unanimously. MOTION by Jacobson, Seconded by Knight, to approve Item 12 (Vacation of Drainage and Utility Easement/3336 South Coon Creek Drive/Mike Caron, See Resolution RI12-02). Motion carried unanimously. PUBLIC HEARING/CONSIDER NEW ORDINANCE/EXTEND TERM OF MAYOR Mayor Gamache stated the Council reviewed additional background material regarding this item at the May 21,2002 meeting and decided to hold a public hearing on July 16,2002 to solicit resident views and opinions on this proposed ordinance change. This item was originally discussed and advanced at the 2002-03 Council Goal-Setting workshop. It was noted if Council wished to make this change, the ordinance must be adopted no later than August 5, 2002 to comply with state statute. Mayor Gamache reviewed the information. He stated his contention has been this would improve City Government if they made the change. MOTIONby Orttel, Seconded by Jacobson, to open the public hearing at 7:33 p.m. Motion carried unanimously. Mr. Chris English, 16655 Crocus Street NW, stated he will be a candidate for Mayor this year and he strongly opposes extending the term of Mayor because he believes the voters should have the opportunity every two years to change the majority of the Council, contrary to providing an opportunity for the Mayor to implement a long-term program. He stated he is not running for Mayor to be entrenched for four years; it is to serve the residents and having to be re-elected every two years keeps the Mayor sharp. MOTIONby Orttel, Seconded by Jacobson, to close the public hearing at 7:35 p.m. Motion carried unanimously. Councilmember Jacobson stated that in their planning session held earlier this year, this was low on the list of things to accomplish and he would agree that ifthe Mayor is a two year term, they would have three members of the Council up for reelection and this would give the residents an opportunity to get rid of the members who are not doing a good job. If the term would move to four years they - - . - ----- Regular Andover City Council Meeting Minutes-July 16,2002 Page 5 would have to wait to change the majority of the Council and he thought this was important. A two- year term brings new ideas and keeps the Mayor closer to the residents. The legislature is two years and if it is good for the Mayor, why not for the rest of the Council. He suggested keeping it at two years. Councilmember Trude stated she has been thinking about this and is not ready to make a change in formal government at this point with having served on the Council for only two years. Councilmember Knight stated his concern would be the Mayorwould be running with potentially the same two people every four years and that is the only thing he found wrong with this. Mayor Gamache stated the reason he brought this forward was the larger cities have gone to the four year term to try to bring some consistency to local government. They need to have some base set down. He is not against campaigning and felt this would be easier in the future to have a four-year term. Councilmember Knight asked ifthere had been any correspondence regarding this. Mr. Erar stated the few emails he has received have been regarding the process. The packet information shows why this change was supported in other cities and there is overwhelming information that supports a four- year term in the other communities. Councilmember Trude stated they did receive information regarding four-year terms. Councilmember Knight stated he would like to get some public input regarding this. Mr. Erar stated it was on the website, and in the newsletter. This is time sensitive and needs to be decided by the next Council meeting, otherwise this will not occur until 2004. Ms. Jane Schwartz, 2354 l5lst Lane NW, stated she has lived in many different cities and would support this because it is difficult to make a lot of improvements and turn things around in two years. She supports consistency and would support the four-year term. Mr. Swanson, 3455 102'd Lane, asked how many terms the previous mayor had. Mayor Gamache stated the previous Mayor had four terms. Mr. Swanson stated he would like to keep this at two years because he thought there should be changes sooner than four years. Mr. Wagner, 1735 140th Lane NW, stated he would stick with the two years because if the Mayor is doing a good job, he will be re-elected by the people. Mr. English stated he did think the Mayor serves in a leadership role so this is important to have him in a two-year term. If the Council decides to have the Mayor go to a four-year term, consider having a Council seat change to a two-year term to have a majority change in the Council. Councilmember Orttel stated that he thought changing it to four years was a good idea because things move so slowly in government and if you do not have some continuity, nothing gets done. Mayor Gamache stated he did not think this was going to change tonight so he would be willing to Regular Andover City Council Meeting Minutes-July 16,2002 Page 6 pull this. Councilmember Jacobson stated there should be a vote. MOTION by Jacobson, Seconded by Trude, to deny Item No. 13 (Extend the Term of Mayor) and keep the term at two years. Motion carried 3 ayes (Trude, Jacobson, Knight), 2 nays (Gamache, Orttel). PUBLIC HEARINGICDBG FUNDING REALLOCATION Mr. Dickinson explained the recently completed Senior Center remodeling project was completed under budget and $25,529.86 of unused CDBG funds is potentially available for a qualifYing CDBG project within the City. To reallocate CDBG funds the opportunity for public comment through a public hearing is required. Mr. Dickinson surnmarized the CDBG Funding Reallocation. He stated this is an owortunity for the City to fully leverage available CDBG dollars for a project that would otherwise need to be funded internally. The City Council is requested to conduct a Public Hearing and to subsequently approve the reallocation of CDBG Funds to the Andover Sewer Study included in the 2020 Comprehensive Plan. MOTION by Orttel, seconded by Trude, to open the public hearing at 7:52 p.m. Motion carried unanimously. Councilmember Jacobson explained what CDBG meant. No one wished to address the Council. MOTIONby Trude, Seconded by Jacobson, to close the public hearing at 7:53 p.m. Motion carried unanimously. MOTION by Trude, Seconded by Jacobson, to approve Item 14 (CDBG Funding Reallocation). Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Commander Dave King, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson asked in the areas of thefts and burglaries is there any area pinpointed. Captain King stated he thought the area with the most problems was new construction. Councilmember Trude asked how the new skateboard park attendant was helping with the calls for - -.-- Regular Andover City Council Meeting Minutes -July 16,2002 Page 7 service. Cornmander King stated that he thought it was going well because he was not alerted to any significant incidents. Councilmember Trude asked about the noise and party that was discussed earlier. Captain King described the procedures involved with handling parties and noise. Commander King stated that the enforcement of the School Speed zone has changed for the summer months to "when children are present". Councilmember Orttel asked how things went with the new firework law. Commander King stated that he did not know of any problems but he has been on vacation so he would Jet the Council now at next month's meeting. Councilmember Knight stated there is a new keg law and asked if it affects their enforcement. CommanderXing stated he was not aware of the new law but he thought it was a good idea to keep track of who is supplying the liquor. CONSIDER VARIANCE DENIAVMARY EVERS-RYSTROM/1353 142ND A VENUE SW Mr. Neumeister stated the Rystroms are requesting a variance to the 35-foot setbacks for their side yard. Their home was originally built with 45 feet to the boulevard. They wish to use the 10 feet allowed, as well as an additional 10 to 14 feet of the side yard setback space. This would change their side setback from 35 feet to 21 or 25 feet. Mr. Neumeister explained the variance was reviewed by the Andover Review Cornmittee on June 11, 2002, with recornmendation of denial for the variance request based on the property owner has been able to make reasonable use of his property without the variance and there is ample room in the rear yard for an addition. The applicant has submitted a letter surnmarizing the details of the proposed variance and has not demonstrated unique or special circumstances with regard to the shape or size of the property that justifies the granting of the variance. Mr. Neumeister stated that there was a petition included in the supplemental information with sixty- six names supporting this addition. He stated that when they look at the information before them there are two choices that could be made. One was to go through the findings and the second choice was to change the setback variance for comer lots citywide. If the setback variance were changed he would like Council to direct staff to prepare a Zoning Ordinance amendment to this effect. Councilmember Trude asked if the City allows people to build board on board fences into the boulevard area, as close as six feet to a curb line if it did not interrupt the site line. Mr. Neumeister stated there is a height restriction within the front setback. It has to be four feet or less so a small fence could be built without a problem. Councilmember Trude asked about the side yard. Mr. Neumeister stated it would be a matter of maintaining the front distance and he would need to look Regular Andover City Council Meeting Minutes - July 16, 2002 Page 8 into the Ordinance for an answer. Mr. Erickson stated they are restricted from the boulevard because it is part of the right-of-way. Councilmember Trude stated someone could put up a large fence where a house could not go. She stated it was interesting that a person could put up a fence but could not put in an addition, which would bring up the value of the property. She asked if the street would ever need to be expanded. Mr. Erickson stated it would not. Councilmember Knight stated for practicality, the house design does not call for an addition in the rear and the sliding door is a natural entrance into the addition. Prom a practical point of view it did not make sense to force it into the back yard. He stated that not long ago, they approved a variance for a handicapped individual, which did not have anything to do with land issues. Councilmember Jacobson stated in reading the meeting minutes of the Planning Commission, there was not a problem with what was being proposed, it was more of a problem with hardship. Chairman Squires of the Andover Planning Commission stated the consensus of the Cornmission was the hardship was personal and the inconvenience the construction would have if it would be moved to the rear of the house and the Ordinance focuses on the hardship that pertains to the property because variances move with the property. Councilmember Jacobson stated another comment was made that when it was suggested that a variance would be permitted for this particular party, some of the neighbors suggested they might want to come in for a variance because of what was happening here. Chairman Squires stated he did not recollect exactly what was stated. Councilmember Trude stated that in Mr. Neumeister's last city, they did consider it a hardship to not have full access to the property because of excessive boulevard requirements and that could be listed as a hardship to the property. Mr. Neumeister stated he was not familiar with this but this is a standard boulevard. Councilmember Trude stated she had asked if there had been any discussion of any hardships that were related to the land and she understood that there is precedence in other cities for granting a variance based on hardship based on excess boulevard or excess sideyard so that even with an addition, there would still be a generous amount of green space between the addition and the curb. Mr. Neumeister stated it would be because it is a fourteen-foot boulevard and it is either twenty-one or twenty-five feet in from there so it would be approximately thirty-five to forty feet. He stated that page nine of the report could give potential findings for the Council to approve the variance. Mrs. Evers-Rystrom showed pictures of the house. She stated the back of the house has bedrooms and living area and if they added onto the back of the house there would not be any place to live. She stated they would need to move out of their house for three to five months if this happened. Councilmember Knight asked if the addition would occupy where the patio is. Mrs. Ever&-Rystrom stated this was true and they would not be asking for a deck off the addition. Regular Andover City Council Meeting Minutes - July 16, 2002 Page 9 Councilmember Trude asked what the preferred timeline wàs. Mrs. Evers-Rystrom stated they have reserved a contractor for September 1, 2002 so she would like them to decide on this as soon as possible. Councilmember Jacobson stated he would vote for a variance but he preferred to send this back to staff and have them write up a resolution approving this with the ten feet listed and the reason why and bring it back to the next meeting. He stated they needed to be careful when they do these. Councilmember Orttel stated the only reasonable thing to do is to change the ordinance. Councilmember Knight stated with this house it is not practical to put an addition on the back. Attorney Hawkins stated the only thing he heard so far related to the land was the curvature of the street and this did not provide a hardship. He stated the result is fme but the process of granting a variance could be difficult to go back and find some reasons for a hardship to the land and so the only reasonable thing to do was to go back and change the Ordinance. Mayor Gamache stated the reason the Ordinance was put in place was to keep the homes in a straight line and in a situation like this, the curvature of the road and the nature of the land, the addition would not stick out. Mayor Gamache stated he was at the site and it makes the most sense to put the addition where proposed. He stated he was in favor of approving this variance and he could see there is a hardship. Councilmember Jacobson stated he shared the same concerns as the Mayor. MOTIONby Jacobson, Seconded by Trude, to refer the item to staff for a resolution approving the variance request and listing specific reasons for approval and bring it back to the next meeting. Motion carried 4 ayes (Trude, Gamache, Jacobson, Knight), 1 nay (Orttel). Councilmember Orttel stated the Planning Commission Chair always has to caution the Commission that they have to fmd a hardship and the Council is telling staff to find the hardship for them and he did not think that was right. Councilmember Trude stated the information in the staff report already gives them information for a hardship. She read from the report. Councilmember Orttel stated these were not hardships, they were just excuses. Mayor Gamache stated the hardship would be the property and the house because they could not add onto the back of the house within a reasonable manner without a hardship to the family. Councilmember Orttel stated State law says you cannot deny reasonable use and right now there is reasonable use already beyond that so you would need to have a hardship. Councilmember Orttel stated this was a legal issue and should be resolved. Councilmember Trude stated she would be willing to look at an Ordinance that would be more flexible in this type of situation. Councilmember Orttel stated the Planning Commission did all they could to help these people out but they went by the law and the Council did not. Councilmember Trude stated the Council are the -~ -- - . - -----~- Regular Andover City Council Meeting Minutes -July 16,2002 Page 10 only ones who can say there is a unique situation, appointed Commission Members cannot. Councilmember Orttel stated the Council still needs to follow the same laws and if the Council does not like the laws then they can change them and what he was saying was the Planning Commission went by the law and the Council did not. CONSIDER RESIDENTIAL SKETCH PLANIWOODLAND 4T11 ADDITION/152NO AND NIGHTINGALE Mr. Neumeister stated the City Council is asked to review a residential sketch plan for a single- family urban residential development north of Woodland Estates Second Addition. The proposed project will be created from two twenty acre parcels immediately north of Woodland Estates 2nd Addition. Mr. Neumeister reviewed the criteria and Planning and Park Commission's recommendation with the Council. He explained that staff recommends in favor of the sketch as proposed with Uplander Street NW as a through street and acknowledge that adjustments will need to be made to locate a public park in the development. Mr. Neumeister stated the City Council is asked to informally advise the applicant on adjustments to the proposed project to conform to local ordinances and review criteria. Councilmember Jacobson asked if there was some reason why Outlot A was not platted as a lot. Mr. Neumeister stated this is an outlot for ponding purposes. Councilmember Jacobson stated in other developments they usually include that with other lots so someone would own this and they would have an easement. Woodland Development's developer, Mr. Byron Westlund, stated the lot lines would be extended and Outlot A would be eliminated. Mayor Gamache asked if this was the latest plan. Mr. Neumeister stated it was. Councilmember Jacobson asked who owns the property to the west of the sketch plan. Mr. Westlund stated they have a purchase agreement on this. Councilmember Jacobson stated if they could extend 161" Avenue, they could eliminate the problem of the cul-de-sac because it would give them a road around. But the objection to this is the road may not be available for a couple of years because it is in agricultural preserve. He wondered if this extension could connect 151" and eliminate the problem with the long cul-de-sac. Mr. Westlund stated the original proposal is in Agricultural Preserve and they are checking to see if they could get this changed. Counciimember Jacobson stated he wanted to bring up the option that they could keep Uplander as an original cul-de-sac. _._~ Regular Andover City Council Meeting Minutes - July 16, 2002 Page 11 Councilmember Trude asked what they meant by going off road when referring to the trail. Did this mean moving it into the front yards with a six foot paved asphalt trail? Mr. Erickson stated it would either be a trail or a sidewalk in the boulevard area. He stated this would be located in the right-of- way. Mr. Westlund stated the trail is started on 143m Street and Crosstown and that it is the intent of the bike trail to start there and go through the Woodland Estates plat and farther to the north. Currently it stops at the Uplander temporary cul-de-sac with the intent to continue north. Mr. Squires stated he is speaking on this matter not as a member ofthe Planning Commission but as a resident of the cornmunity so all of the facts and opinions would be that of a resident. He is speaking on behalf of himself and his neighbors. The Planning Cornmission approved the sketch plan with the adjustment of Uplander into a cul-de-sac. This was the plan provided to him from Woodland and provided to the staff and Councilmembers. This maintains the cul-de-sac on Uplander and the bike route and the park the Parks Commission has approved. Mr. Squires stated the staff report indicated it was the intent of the developer to connect the streets. He stated there was no intent to connect the streets on Uplander. One of the other concerns that staff raised was the concern of the fire chief and in looking at his memo, one of the things the Planning Commission considers is how many accesses would be provided into the site. The fire chief has always maintained that there should be two accesses into the site. He stated with the plan currently being proposed by Woodland, the fire chiefs principal concern is in the absence of a connection at either the north or south, the road coming in from Nightingale would be about 1500 feet and would not go anywhere. This connection would be solved by a connection to the north and it also solves a bigger problem that exists. There is a 3250 foot dead end road that comes up and across Nightingale and connects as well so the fire issues that exist and the need to have two accesses has been satisfied by the connection of Uplander to the north and does not require a connection of Uplander to the south. He stated another concern that was raised by staff was the disbursement of traffic and the other alternate means of getting somewhere else and going a different directions if Uplander was not a through street. Councilmember Jacobson had pointed out one of the issues and that was Woodland had already received approval for the property next to the proposed site. Mr. Squires stated it appeared to him regarding staff's concern with traffic dispersion and multiple accesses, that there were more than adequate immediate and near future accesses to be able to respond to thŒe concerns. Mr. Squires stated the Planning Commission discussed that in this strip there were small children in the area and kids playing at the end of the driveways. So taking this infonnation into consideration, the neighborhood is developed and a logical conclusion that the neighbors asked the Council to make was the Planning Commission made the right decision taking into account all of the factors and maintaining the cul-de-sac good for the residents and will allow the road to function, keep the 1raffic speed and volume down on their road. Mr. Westlund added that the neighborhood is well organized but one suggestion is to see the park improve as residents move in. CounciImember Trude stated the land would be used as a portion of his fee. --~- - . ---~- --~~ Regular Andover City Council Meeting Minutes - July 16, 2002 Page 12 Councilmember Jacobson asked from the developer's point of view, did he care if there was a cul- de-sac there or not. Mr. Westlund stated he wanted to keep the integrity of the development the way it was because it has been very successful so personally he would want it kept as a cul-de-sac. Councilmember Trude asked ifthere was a sign on Uplander Street going south stating it is going to be a through street and it is a temporary cul-de-sac. Mr. Erickson stated he believed there was a notice of a public hearing regarding this. Mr. Al Hanson, 15394 Uplander Street NW, thought he would have six or seven years because of the five acres zoned agriculture. He is concerned with what is happening to Andover, size of the lots, and the number of people. He implored the City to whenever possible make lots a minimum of two and a half acres. He is concerned with the way the rules are being changed, with how this could happen, and with how they could make Andover so dense. Councilmember Trude asked ifhe wanted to have the cul-de-sac on Uplander Street left there. Mr. Hanson stated he did. Councílmember Jacobson stated this was a sketch plan and the Council could say yes or no but the developer can do what he wants with the land. The only issue is the cul-de-sac and they need to give the developer direction. He would like to stick with the cul-de-sac. Councilmember Knight agreed. Councilmember Orttel stated they need to have these temporary cul-de-sacs to go through and that is why they post the signs. Councilmember Trude asked Fire Chief Winkel ifhe was comfortable with the access points. Fire Chief Winkel stated that as a general rule he tries to get as many access points into a development as possible but two is the minimum. He appreciates the need for cul-de-sacs but for public safety, cul- de-sacs make delays. He stated he likes to have as many through streets as possible. Councilmember Trude stated there are two access points to most of the new developments. To the West, Uplander is the only through street around. Mayor Gamache agreed with the rest of Council and he thinks the cul-de-sac works well in this area and they should get a park in there. Councilmember Trude stated she had understood from the residents that they wanted a little park in the area. Councilmember Knight asked staff to make sure the temporary signs are posted. Mr. Erickson stated that they would start to check the cul-de-sacs and make sure there are temporary signs posted on them. The consensus was the Council preferred to have a cul-de-sac instead of a through street in the area. Councilmember Trude was concerned with the trail and did not want people to be caught off guard. Mayor Gamache stated this is currently a wider street and built for a bike trail. Mr. Westland stated this was correct. Mayor Gamache asked if they had gone through any of the wider streets to mark - _._0- Regular Andover City Council Meeting Minutes - July 16, 2002 Page 13 offbike routes. He would be interested in something like that instead of cutting through on the new street and putting it in as sidewalks. Mr. Erickson stated the trail was meant for bike traffic, not pedestrian traffic, on street was for bike trail and off street is for pedestrian traffic. Mayor Gamache asked ifthey were considering trails on 152,d Lane. Mr. Erickson stated it was suggested and 152,d Lane would be more heavily trafficked. Mayor Gamache asked if the Council would be interested in considering a sidewalk on 152,d Lane. Councilmember Trude stated with the quantity of children in the area, who are all walkers to school, at some point when they get really long streets, traffic gets faster. Mr. Westlund stated they adjusted for the path to be on the street. Councilmember Trude stated she preferred the trail to remain on the street. Mr. Erickson stated they could stripe the bike lanes to make them known to motorists as bike trails. CONSIDER APPOINTMENT OF PLANNING COMMISSION MEMBER Mr. Neumeister stated a vacancy on the Planning Commission has been created by the resignation of Mark Hedin who has resigned effective August 1,2002. An alternate candidate for the position has shown interest in fulfilling Mr. Hedin's term, which ends January 1,2003. Paula Jean Larson has been interviewed and is willing to complete Mr. Hedin's term. MOTION by Knight, Seconded by Trude, to approve Item No. 18 (Appointment of Planning Cornmission Member, Paula Jean Larson) Effective after August 1, 2002. Motion carried unanimously. CONSIDER AMENDMENT TO ORDINANCE 8/REVISIONS TO ACCESSORY BUILDING AND STRUCTURES, CONTINUED Mr. Neumeister explained this item concerns 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 are proposed. Mr. Neumeister addressed the changes to pages 4 and 5. Councilmember Trude asked iftiley ~ould keep this information in both places so there is not any confusion. Dave Almgren, Building Official, stated the reason it was put in was because people were putting accessory structures on drainage easements. CounciImember Orttel noted that the Ordinance states the garage has to be a minimum of 440 square feet. The Ordinance should state the total garage space would total 1200 square feet. There should be a cap on the second garage that would not allow it to be more than 440 feet. He stated they - .- -. - -.. - -. Regular Andover City Council Meeting Minutes - July 16, 2002 Page 14 should also require the back garage to look like the house if the front garage needs to. This would bring some conformity to the neighborhood. Councilmember Trude stated the height would need to be considered for the neighboring lots. Mr. Erar stated a percentage per foundation size would work in terms of limiting the size and the Council would need to select the percentage. Chris English stated he agreed with Mr. Erar that if they tie it to the full size of the residence they develop a harmony between the size of the detached building and the size of the residential dwelling. He stated there should be wording in the Ordinance that states maximum length to width ratio. Limiting the ratio of length to width of the building would always maintain proportion. Mr. Dick Wagner, 1735 148" Lane, stated the Ordinance states now that the thirty feet across the back of the yard allows you to take up a certain percentage of the actual space. He stated this would limit them to the size of the garage in the backyard. He stated he is at the meeting because he would like to build five feet from the property line so he would like the Ordinance to pass. Councilmember Trude stated this is the situation with small lots. Mr. English stated Councilmember Jacobson's comments about lots that have wetlands on them and a smaller building area is to consider that the wetland is still green space. One way to approach this is to tie the size of the building to the foundation size of the residential building structure to set up minimum setbacks for the building from the existing foundations. Councilmember Jacobson read from the staff report on page four. Mr. Erar stated they were setting a limit of 1200 square feet. Councilmember Orttel stated they should go with the maximum of 1200 square feet total with a detached structure that does not exceed fifty percent of the foundation size. MOTION by Orttel, Seconded by Knight, to approve Item No. 19 (Consider Amendment to Ordinance 8/Revisions To Accessory Building and Structures.) stating a maximum of 1200 square feet total with a detached structure that does not exceed fifty percent of the foundation size and insert the provision that applies to Ordinance 8 (Detached Structure Located in Front of the Dwelling). See Ordinance 8NNNNNN. Councilmember Jacobson asked if they were adding a new number 5 on the bottom of page four of the Ordinance that states any structure built has to have similar materials as the main structure. Councilmember Orttel stated it was correct. Motion carried unanimously. Mr. Erar suggested they bring back item 21 to another date because of the lateness of the hour. Item 22 could be moved forward to the August 5, 2002 meeting. Mayor Gamache stated they cœld move the two items to another evening. Mr. Erar stated copies could be given out regarding item 21 if anyone wished to have them. -. ~ Regular Andover City Council Meeting Minutes - July 16, 2002 Page 15 MOTIONby Jacobson, Seconded by Knight, to move items 21 (Receive Executive Summary/Rural Reserve Open house) and item 22 (2002 2"d Quarterly Financial Report) to the next scheduled Council meeting. Motion carried unanimously. SCHEDULE SPECIAL JOINT CITY COUNCIVPARK AND RECREATION COMMISSION MEETING Mr. Erickson reviewed the items the Park and Recreation Commission have recommended to be discussed at the special meeting and also items the Council has indicated an interest in discussing. He stated the potential dates would be either August 29, 2002 at 7:00 p.m. or September 5, 2002 at 7:00p.m. MOTIONby Orttel, Seconded by Trude, to approve Item No. 20 and direct staff to schedule ajoint City Council workshop with the Park and Recreation Meeting at 7:00 pm on Thursday, September 12,2002. Motion carried unanimously. CONSIDER APPROVAL OF PLANS AND SPECS/98-20/BUNKER LAKE BOULEVARD UNDERPASS Mr. Erickson stated the City Council is requested to consider the plans and specifications for Project 98-20, Bunker Lake Boulevard Underpass. Mr. Erickson reviewed the information and stated he is currently reviewing the funding options but has indicated that a combination of potential funding sources could be made available to provide the additional funding necessary if the City Council wishes to continue forward with the construction of the pedestrian underpass. Councilmember Knight asked what the total cost would be. Mr. Erickson stated it would be $290,000 with the additional waterproofmg, pump system and additional box width. He stated it is $15,000 more than anticipated and the have looked at other funding alternatives. He stated the funding sources that could be utilized are capital reserve funds, road and bridge fund, some discretionary TIF funds or general fund contribution so with the additional four funding sources, additional funding could be provided if the Council chose to continue with the project. Councilmember Jacobson stated this raised the issue that at $300,000 is it worth that amount of money to put in a tunnel. Councilmember Trude stated this is a major safety issue and residents are looking forward to this. Mayor Gamache stated they need to consider the improvements to the wave pool which would increase the traffic with people trying to cross Bunker Lake Boulevard. Mayor Gamache asked what the timeline would be to get bids if approved. Mr. Erickson stated Regular Andover City Council Meeting Minutes - July 16, 2002 Page 16 they would try to get bids in August and anticipated construction occurring in September and completion the early part of October. Mayor Gamache asked if it would hurt to wait to get the bids until early next spring. Mr. Erickson stated they would need to try to get a grant extension, which would be questionable. Councilmember Orttel asked where they draw the line on something like this. He did not see any engineering so he did not know the water height. Mr. Erickson stated this would be a lOx 1 0 box culvert and the water table would be three feet above the bottom of the box so the box would need to be waterproofed. MOTION by Jacobson, Seconded by Trude, to approve Item 23 (Consider Approval of Plans and Specs/98-20/Bunker Lake Boulevard Underpass, See Resolution Rll3-02). Motion carried unanimously. SCHEDULE EDA BOARD MEETING/JULY 25,1002 Mr. Erar stated the EDA Board is requested to meet to consider various economic development matters associated with Andover Station and Andover Station North (land south ofWDE site). Mr. Erar discussed the proposed agenda with the Council and asked them to schedule an EDA Board meeting for Thursday, July 25, 2002 at 6:30 p.m. to discuss the above items. MOTION by Orttel, Seconded by Knight, to approve Item No. 24 and direct staffto schedule an EDA Board Meeting for Thursday, July 25, 2002. Motion carried unanimously. MAYOR/COUNCIL INPUT (Schedule Council Workshop/Community Center Project) - Mr. Erar stated Council has requested that a workshop be scheduled to further review and discuss certain project issues that would impact the fmal decision on how to proceed with the Community Center Project. Council had discussed the need to further review and discuss issues impacting how to proceed with the Community Center project. MOTION by Orttel, Seconded by Trude, to schedule a Council Workshop/Community Center Project for Tuesday, August 27,2002 at 6:30 p.m. Motion carried unanimously. (National Night Out Program Activities) - Mr. Neumeister stated National Night Out is scheduled for the evening of Tuesday, August 6, 2002. Anoka County Crime Prevention Coordinator, Laura Landes, has been working to coordinate a variety of activities for that evening. He went through the scheduled activities with the Council. -~ - Regular Andover City Council Meeting Minutes - July 16, 2002 Page 17 (Special Council Meeting for July 30, 2002) - Mr. Erar stated if there were three or more Councilmembers attending the meeting they should set the date and post it. MOTION by Trude, Seconded by Knight, to schedule a Special Council Meeting for July 30, 2002. Motion carried unanimously. (Letter from Sheila Freeman regarding Sunshine Park) - Councilmember Jacobson stated he received a letter from Sheila Freeman regarding a situation at Sunshine Park and funding of the Fun Fest. Mr. Erar stated he has a copy of the letter. (Speed Sign on Crosstown Boulevard) - CounciImember Jacobson asked the City Engineer about the speed sign on Crosstown. He stated going south it is posted at 50 MPH and going north on the same stretch of road it is 45 MPH. Mr. Erickson stated he would verify if it is true. Councilmember Jacobson stated they had discussed roads going in on the east side of Crosstown, to dead end them so people could not go in and park. Councilmember Trude stated she thought they had talked to the residents and they wanted to wait and see because the roads were also the major access routes to work. Mr. Erickson stated they were going to evaluate that after the school opens and the School District is preparing a traffic management plan. (Sprinkler Problems at the New School) - Councilmember Jacobson asked what they were going to do with the sprinkler systems not working properly. Fire Chief Winkel stated he believed they would be done but the question was when they would be tested. The question is when the School District could move in. They would not allow them to move in until everything was tested and working properly. He stated they were planning on opening the school in time for class. (Transportation Meeting) - Councilmember Trude stated there are two routes they decided to focus on. One was going to be Crosstown and the other was Hanson. She stated the County said they were going to extend the width of it 1,000 feet north of their intersection and she stated it was a few hundred feet short of where they need it. She stated they were advocating they widen it all the way to Andover Boulevard so they have good traffic between the intersections and they want to tie it in with their federal grant money for the Andover/Hanson intersection so they need to figure out how to separate out the pools of money. They are going to work on improving this so part of the transportation study would focus in on giving feedback on how they can do it well. (Renaming of Commercial Boulevard to Station Parkway) - Mr. Erar stated there were unhappy business owners there who need to change their business information pertaining to this. Councilmember Trude stated she hoped the US Post Office worked with the businesses regarding this. Councilmember Orttel asked if they could hold off on renaming the street for a year or two. Mr. Erar stated this would be difficult because they are in the process of renaming it. MOTIONby Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11:05 p.m. ~. - -- ---- Regular Andover City Council Meeting Minutes -July 16,2002 Page 18 Respectfully submitted, Susan Osbeck, Recording Secretary -----