The URL can be used to link to this page

Home My WebLink AboutCC August 20, 2002 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVERMN.US Regular City Council Meeting - Tuesday, August 20, 2002 Call to order - 7:00 PM Resident Forum - 140·h Lane Neighhorhood Complaints/ Ann Hoag - Lawn Establishment for Existing Homes Complaint! Dan Weber Agenda Approval 1. Approval of Minutes (8/5/02 Reg. CC Mtg.) 2. Plaque PresentationlMark Hedin 3. New Employee Introductions/Public Works Consent Items 4. Approve Payment of Claims - Finance 5. Approve Release of Letter of Credit # 11-98/Special Assessmentsl97-44/Shadowbrook 3'd Addition - Finance 6. Authorize Appropriation for Capital Purchase - Finance 7. Approve Resolution for Investment of City Funds - Finance 8. Approve Special Use Permit for Nail Salon!14824 Eagle Street NW - Planning 9. Approve Ordinance 8 Amendment for Ornamental Fences - Planning 10. Consider Silver Meadows Final Plat - Planning 11. ReConsider Variance/14800 Prairie Road/Northem Natural Gas - Planning . 12. Consider Variance/I 7340 Roanoke Street NW - Planning 13. Consider Variance/2815 - 134th Avenue NW - Planning 14. Release EscrowslDeveloper's lmprovements/Shadowbrook 3'" Addition - Engineering 15. Release EscrowslDeveloper's ImprovementslShadowbrook 4th Addition - Engineering 16. Release EscrowslDeveloper's lmprovements/Shadowbrook 5th Addition - Engineering 17. Release EscrowslDeveloper's Improvements/Shadowbrook 6th Addition - Engineering 18. Release EscrowslDeveloper's ImprovementsIFox Hollow - Engineering 19. Declare Amended Costs/Order Assessment RoIV00-39/Chesterton Commons North 2"d Addition - Engineering 20. Declare Costs/Order Assessment RoII/OO-4I/Red Pine Fields - Engineering 21. Declare Costs/Order Assessment Rol1/00-401W oodland Oaks - Engineering 22. Accept Easements and Approve Consent to Subject City Drainage Easements to Terms of Declaration! Anoka-Hennepin School Dist. # II High School- Engineering 23. Approve Joint Custodianship of Easements with Anoka County - Engineering 24. Award BidlOI-30lPrairie Road Reconstruction!2002 CIP (Supplemental) - Engineering 25. Approve Kennel License Renewals - Clerk 26. Acknowledge ResignationlRetirement of Finance Department Employee - Administration 27. Acknowledge Completion of Training for Commission Members - Administration 28. Accept Sealed Bids & Authorize Sale of City Vehicle - Fire Discussion Items 29. Receive Anoka County Sheriff Department Monthly Report - Sheriff 30. Consider Lifting the Multi-family Housing Moratorium -Planning 31. County 5- Y ear CIP/City Priorities - Engineering Regular City Council Meeting - Tuesday, August 20, 2002 Page Two StaffItems 32. Acknowledge Metropolitan Council's Housing Performance Score-Planning 33. Schedule Council Workshop/Miscellaneous City Issues - Administration Mavor/Council 34. Lawn Establishment OrdinancelDiscuss Backyard Top Soil- Planning 35. Bunker Lake Redevelopment Area-Study of Double Splits & Condominiumizing-Planning Adjournment .. . .. --. .. . Regular Andover City Council Meeting Minutes - August 20, 2002 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 10,2002 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL.............................................................................................................4 APPROVAL OF MINUTES ...................................................................................................... 4 PLAQUE PRESENT A TION/MARK HEDIN...........................................................................4 NEW EMPLOYEE INTRODUCTIONS/PUBLIC WORKS .................................................... 4 CONSENT ITEMS Approving Release of Letter of Credit #11-98/Special Assessment! 97 -44/Shadowbrooks 3'd Addition............................................................................ ...... 5 Authorize Appropriation for Capital Purchase .................................................................... 5 Resolution R120-02 Approving Investment of City Funds ................................................. 5 Resolution R121-02 Approving Special Use Permit for Nail Salon! 14824 Eagle Street NW ..................................................................................................5 Release Escrows/ Developer's Improvements/Shadowbrook 3'd Addition ......................... 5 Release Escrows/Developer's lmprovements/Shadowbrook 4,h Addition .......................... 5 Release Escrows/Developer's ImprovementslShadowbrook 5th Addition .......................... 5 Release Escrows/Developer's Improvements/Shadowbrook 6th Addition .......................... 5 Release Escrows/Developer's Improvements/Fox Hollow.................................................. 5 Resolution R122-02 declaring costs/order assessment ro11/00-4l/Red Pine Fields........ ...5 Resolution R123-02 declaring costs/order assessment roll/00-40/W oodland Oaks. . .. . .. . ..5 Accept Easements and Approve Consent to Subject City Drainage Easements to Terms ofDeclaration!Anoka-Hennepin School District #11 High SchooL.................. 5 Approve Joint Custodianship of Easements with Anoka County........................................ 5 Award BidlOI-30/Prairie Road Reconstruction!2002 CIP Resolution R124-02).......... ...5 Approve Kennel License Renewals ..................................................................................... 5 Acknowledge ResignationlRetirement of Finance Department Employee.......................... 5 Acknowledge Completion of Training for Commission Members ..................................... 5 Accept Sealed Bids and Authorize Sale of City Vehicle..................................................... 5 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT................ 5 Received.......................................................................................................................... ...... 5 APPROVE ORDINANCE 8 AMENDMENT FOR ORNAMENTAL FENCES Motion to approve ........................................................................................................... ...... 6 CONSIDER SILVER MEADOWS FINAL PLAT Resolution R125-02 to adopt.. .................. ..... ............ .................. ..................7 RECONSIDER V ARIANCE/14800 PRAIRIE ROAD/NORTHERN NATURAL GAS Resolution R126-02 to adopt ................................................................................................ 8 CONSIDER V ARIANCE/17340 ROANOKE STREET NW Resolution R127-02 to adopt ................................................................................................ 8 CONSIDER V ARIANCE/2815 - 134 TH AVENUE NW Resolution R128-02 to adopt ................................................................................................8 Regular Andover City Council Meeting Minutes - August 20, 2002 Regular Andover City Council Meeting Minutes - December 18, 2001 Table of Contents Page ii DECLARE AMENDED COSTS/ORDER ASSESSMENT ROLUOO-39/CHESTERTON COMMONS NORTH 2ND ADDITION Resolution R129-02 to adopt .................................................................................................. 19 CONSIDER LIFTING THE MULTI-F AMIL Y HOUSING MORATORIUM Ordinance 255 to repeal and adopt Ordinance 255D ............................................................ 11 COUNTY 5-YEAR CIP/CITY PRIORITIES Motion to approve................................................................................................................. 13 ACKNOWLEDGE MET COUNCIL'S HOUSING PERFORMANCE SCORE...................... 13 SCHEDULE COUNCIL WORKSHOPIMISCELLANEOUS CITY ISSUES.......................... 14 MAYOR/COUNCIL INPUT Bunker Lake Redevelopment Area - Study of Double Splits and Condominiumizing........ 14 Lawn Establishment OrdinanceIDiscuss Backyard Top SoiL............................................. 16 Next Meeting- W orksession ........................................................................................... ....... 16 Ordinance on CD ............ .... .................................................................................................. 16 Traffic Study.......................................................... ......................................................... ...... 16 School District Open House.................................................................................................. 16 ADJOURNMENT...................................................................................................................... 17 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 10,1001 MINUTES The Regular Hi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 20, 2002, 7:00 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 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. Jerrv Windschitl- 3640 152nd Lane, stated that he has requested in writing that Item 19 be removed from the Consent Agenda and added to Discussion. Ms. Ann Hoag - 2215 l40th Lane, stated she is here again regarding the Red Oaks Third and Fourth Additions and the neighborhood complaints she brought up at the last meeting. She was approached today to sign a petition for additional problems in the area. At the last meeting she requested the Council look into the east end of l40th Lane with a rental house causing problems. She stated the City needs to do what they can to stop the problems. She stated she would be willing to give support to her neighbors. Mayor Gamache asked if she received information regarding the Neighborhood Watch previously discussed. She stated she did and she has noticed an increase in police patrol in the neighborhood. She stated there is a lot of high-speed traffic in the neighborhood, kids who are bullies and it is all coming from one area. Staff recommended five items in the meeting report. The first one is to coordinate with the Anoka County Sheriffs Department on providing directed patrols for the neighborhood and evaluate the vandalism concerns. The second is to install the portable speed board in the area. The third is to conduct a warrant study for a four way stop at the intersection of 139th A venue and Quinn Street. Warrants would need to be met to consider a four way stop at this location. The fourth item is the installation of speed bumps is not recornmended. The fifth item is the City street light policy will be forwarded to Ms. Hoag for her consideration. Regular Andover City Council Meeting Minutes - August 20, 2002 Page 2 Mr. Ken Schenawith - 2191 141 st Avenue NW, stated he would like to address the high-speed traffic in the area. The Sheriff had to come out because of teen racing on his block and that 141 st Avenue is used as a drag strip. He cornmended the Sheriffs Department because they have tried to control this. There are four daycares on 141 st A venue and there are nice parks that can be used but the daycare is afraid to bring the children to them to play because of the teens in the neighborhood. He stated they cannot enjoy their neighborhood and they have had some increased vandalism in the area. Councilmember Knight asked if this was pointed to certain individuals in the neighborhood. Mr. Schenawith stated that this was not necessarily the case but many times the same cars are involved. Ms. Rachael Lindell - 2152 141 st A venue, stated she has one of the daycares in the neighborhood and she is concerned with the congregation of teens in front of her yard. She stated she had called the Sheriff many times and was happy with the response she has received from them. She stated with all the little kids in the neighborhood, this is not a safe neighborhood. The kids have no respect for people in the neighborhood. She stated the kids in the rental area are continuously running around and being disruptive at all hours of the day. She stated she moved to Andover frorn the City to get away from the crime. Ms. Lindell stated she did not know if they needed to have more regulations on teens getting their license. She stated they are being disrupted at all hours of the night and when the Sheriff comes by, the kids disappear. There are eleven double bungalows that are rental houses and this is where the disruption comes from. She stated there are gangs filtering in the neighborhood and this concerns her and other residents with the value of the homes in the neighborhood. Councilmember Knight asked what the age was ofthe kids causing the problems. Ms. Lindell stated they ranged from fourteen to eighteen. Ms. Hoag stated that there are younger kids around eleven and some that are young adults. Councilmember Trude stated what would help is if the rental community would develop a Neighborhood Watch because apparently the kids do not have parental control. She would like to see ifthere is any interest in the rental area to organize a Neighborhood Watch. Ms. Lindell asked if this worked in the cornmunity Councilmember Trude lived in. Councilmember Trude stated it took social workers from the County working with the landlords and tenants to get a Neighborhood Watch to happen. Councilmember Knight asked how much they could hold the landlords responsible. Cornmander Dave King stated a report is sent monthly to Herb Blornmel and he is keeping track of the issues but he is not sure were they stand in terms of the City's ordinances that allow them to hold landlords responsible. Councilmember ürttel stated that they do have an Ordinance but the problem is these things are not happening at the teens homes, they are happening elsewhere and the only solution is to allow the City .-. Regular Andover City Council Meeting Minutes - August 20, 2002 Page 3 to convert them into single family homes and get the rental homes out of the center of residential homes. Councilmember Trude stated they should contact the landlords and see what could be done in the meantime. Councilmember Knight asked how serious the gang aspect is. Commander King stated that locally they have not recognized any of the teens as active gang members. He stated they put out several patrols with a zero tolerance level in the neighborhood. Councilmember Trude asked if the residents see the speeders on the road and get the license plate to track them down if anything can be done. Commander King stated they need to identity the driver at the time. Councilmember Knight asked if it was possible to put anyone on foot occasionally. Commander King stated they have tried almost everything imaginable out there and they have done a lot of work but he was not sure what else could be done. Ms. Lindell asked Councilmember Orttel what it would take to make the rental units single family housing. Councilmember Orttel stated at this time the City did not have an Ordinance to allow a building to become a condominium. He stated the first step is to get details worked out. Ms. Lindell asked if they could get a social worker in to talk with the parents. Councilmember Trude stated Officer Landes might be able to help with some connections. Commander King stated part of it depends on the conviction rates and then get the social service people involved. He stated there are issues in there that social services should be aware of. Mayor Gamache stated the Council understood what was going on with the neighborhood and there is obviously a problem. He would like to look at changing some of the Ordinances to help the landlords. He stated he appreciated the residents coming in and voicing their concerns. Councilmember Knight stated that the residents could call anyone on the Council if they need help. Mr. Chris Davis - 2188 14151 A venue, stated he has the same issues. He has a seventeen-year-old daughter, they have been residents for five and a half years, and would like to continue living here. He wanted to bring up some ofthe issues such as graffiti on some of the rental units and fences in the neighborhood. He stated he has complained and nothing has happened. There has been excessive noise at all hours. They would like to feel safe going into their yards without getting hit by a car. Councilmember Orttel stated no one should live like that and he would do what he can to make it better. Councilmember Knight stated Neighborhood Crime Watches do a lot of good. There are so many spin-offs from it. Councilmember Orttel stated the problem of the Crime Watch program is responsible people looking out for each other and if you do not have that, it does not work so the only action is to eliminate it. Mr. Dan Weber - Lawn Establishment for Existing Homes Complaint - Staff inspected the property in question, checked the City files and found that the one-year that had been previously allowed for the homeowner to install the lawn expired on August 2, 2002. On Tuesday, August 14, 2002 staff Regular Andover City Council Meeting Minutes - August 20, 2002 Page 4 sent a letter to the violator indicating that they have twenty days to complete the installation. AGENDA APPROVAL Remove from Consent Items for discussion, Item 9 (Approve Ordinance 8 Amendment for Ornamental Fences); Item 10 (Consider Silver Meadows Final Plat); Item 11 (ReConsider Variance/14800 Prairie Road/Northern Natural Gas); Item 12 (Consider Variance/17340 Roanoke Street NW); Item 13 (Consider Variance/2815 - 134th Avenue NW); and Item 19, (Declare Amended Costs/Order Assessment Roll/00-39/Chesterton Commons North 2nd Addition). Motion by Knight, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 5, 2002, Regular Meeting: Correct as written Motion by Orttel, Seconded by Jacobson, approval of Minutes as indicated above. 3 ayes, 0 nays, 2 present (Knight and Trude). Motion carried unanimously. PLAQUE PRESENTATION/MARK HEDIN Mayor Gamache presented Mark Hedin a plaque for serving on the Planning Commission and wished him good luck as the Andover girls swim team coach. NEW EMPLOYEE INTRODUCTIONS/PUBLIC WORKS Mr. Frank Stone stated the newest addition to the Utilities Department is Wayne Goodrich. The department has had many staff additions in the summer months with the seasonal staff. They are Sarah Kilts and Rich Freeman, working in the sign department. Nicole LeFabrve, Utilities Department, is back for her 3rd year and her main responsibility is enforcing the water restrictions. The Parks Department has seven seasonal workers. He named the individuals. He welcomed Mr. Goodrich to the Public Works Division and thanked all the other people for a great job. CONSENT ITEMS Item 4 Approve Payment of Claims Item 5 Approve Release of Letter of Credit # 11-98/Special Assessmentsl97 - 44/Shadowbrooks 3rd Addition .-. .- Regular Andover City Council Meeting Minutes - August 20, 2002 Page 5 Item 6 Authorize Appropriation for Capital Purchase Item 7 Approve Resolution for Investment of City Funds (See Resolution R120-02) Item 8 Approve Special Use Permit for Nail Salon/14824 Eagle Street NW (See Resolution R121-02) Item 14 Release EscrowslDeveloper's Improvements/Shadowbrook 3Td Addition Item 15 Release EscrowslDeveloper's Improvements/Shadowbrook 4th Addition Item 16 Release EscrowslDeveloper's Improvements/Shadowbrook 5th Addition Item 17 Release Escrows/Developer's Improvements/Shadowbrook 6th Addition Item 18 Release Escrows/Developer's Improvements/Fox Hollow Item 20 Declare Costs/Order Assessment Roll/00-41/Red Pine Fields (See Resolution R122- 02) Item 21 Declare Costs/Order Assessment Roll/00-40/W oodland Oaks (See Resolution R123- 02) Item 22 Accept Easements and Approve Consent to Subject City Drainage Easements to Terms of Declaration/An ok a-Hennepin School District #11 High School Item 23 Approve Joint Custodianship of Easements with Anoka County Item 24 Award BidJOI-30/Prairie Road Reconstruction/2002 CIP (Supplemental) (See Resolution R124-02) Item 25 Approve Kennel License Renewals Item 26 Acknowledge ResignationlRetirement of Finance Department Employee Item 27 Acknowledge Completion of Training for Commission Members Item 28 Accept Sealed Bids & Authorize Sale of City Vehicle Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Commander Dave King, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. He stated there was big difference in burglaries between June and July but there was not a specific area they were occurring in. Councilmember Jacobson asked how many incidences occurred in the 141 st A venue neighborhood. Commander King stated offhand he did not know. Mayor Gamache asked in regard to the gas drive offs, was there one station having the problem or was it multiple stations. Commander King stated 9 of the 12 incidences occurred at the Super America Station on 3631 Bunker Lake Boulevard and the others occurred at the station on Hanson and Bunker Boulevard. . . ~- ~--- -_._-~-.- ,. Regular Andover City Council Meeting Minutes - August 20, 2002 Page 6 APPROVE ORDINANCE 8 AMENDMENT FOR ORNAMENTAL FENCES Councilmember Trude stated she would like to have this pulled because she wanted the input of residents before this was approved. She felt this would affect the rural area of Andover. This came about from a request from a resident requesting a six-foot fence. She would like to hear fÌom the residents of the area before a change was made. She stated she would not support doing this until they included it in the newsletter for input. Councilmember Jacobson stated there are currently residents in Andover that have large six-foot fences. Councilmember Orttel stated these fences are nice and decorative. Councilmember Jacobson stated there is a typo in the Ordinance change on the bottom of page 4. It talks about Ornamental fences as defined in Section 3.02 and this should be Section 3.2. Mr. Neumeister stated the correction would be made and he wanted to let the Council know that there was a public hearing published and held and only one property owner came forward and that was the resident requesting the six-foot fence. Councilmember Trude stated it was not published in the newsletter and she did not feel that they gave due diligence in this. Councilmember Trude stated she did not see any reason to rush this through. Councilmember Orttel stated he did not know of any reason to wait because it was published and they did everything they were supposed to do. Mayor Gamache stated they had asked to get information from other cities regarding this and staff provided this. Councilmember Trude stated she did not feel she could represent residents in the rural areas and if it was put in the newsletter in August and brought back it would make her feel like she was doing her job. Motion by Jacobson, seconded by Orttel to approve Item 9 (Approve Ordinance S Amendment for Ornamental Fences, Ord. SPPPPPP) with the technical change. Motion Approved 4 ayes, 1 nay (Trude). Councilmember Knight asked if there was an objection to estate fences. Councilmember Trude stated there was a neighbor to the resident requesting the fence that objected and she felt this did not give a good cross section of opinions. Councilmember Knight stated he did not think they would have too many people installing these fences because they are costly. Councilmember Trude stated the fences could really change the appearance of the neighborhood. CONSIDER SILVER MEADOWS FINAL PLAT CounciImember Trude stated she had this pulled because when she reviewed the preliminary plat there were some things that were not on there that she wanted to make sure were on there and when she drove by the site, there was grading done and she did not know they allowed this in the preliminary stage. Mr. Erickson stated with a preliminary plat approval the developer has the right to - -- Regular Andover City Council Meeting Minutes - August 20, 2002 Page 7 do the grading. Councilmember Trude stated she was concerned because she did not see the easement mark for the trail. Mr. Erickson stated a trail easement couldn't be put on a plat so it is recorded separately and would be a separate document that gets recorded with the property. Councilmember Trude stated there are a lot of wetlands so could a trail be developed. Mr. Erickson stated they were able to work around the wetlands and the trail is in place. Councilmember Jacobson stated in the Resolution there should be an Item 9 added for lots not exiting onto Verdin Street. Motion by Jacobson, Seconded by Orttel Approve Item 10 (Consider Silver Meadows Final Plat) with the following addition to the Ordinance: Item 9, Block 1, lots 1 and 2 and Block 2, lots 1 and 6 should have driveways on the interior streets and not on Verdin Street. Motion Approved unanimously. (See Resolution R12S-02) RECONSIDER VARIANCE/14800 PRAIRIE ROADINORTHERN NATURAL GAS Councilmember Trude asked to have this pulled because she stopped by the park and the swing set is less than ten feet from the comer stake where the building is going in. She stated this is not a good location to have this building because it is too close to the play set. She asked if the swing set would be moved. Mr. Erickson stated this was correct and would be relocated further to the west of the site. Councilmember Trude stated her concern was with the bU~?~~1þí feðlong and it would become a park where things happen where it would not be b e þÔJ¡ce officers or the public driving by because the building would shield a lot of activity in the park. Mr. Neumeister stated the site is completely fenced with a six foot fence and they are requesting barb wiring on the top of the fence so there is not any issue with safety. He stated they only use the site two times a year. O..m1.nd.u1 q - 3--bÀ Mr. Tom Hutchison stated the staking is deceiving and is not actually where the building pad is proposed. Mr. Nelson stated the actual building is close to the above ground structures and that is why they were asking for the building to be moved further from the piping. Councilmember Trude stated she is concerned being a parent and she sees how busy the park is and she wanted to appeal to them to try to make it a place where it will not be an inducement where kids will want to climb the fence. Mr. Nelson stated his understanding was the park would be rearranged. Councilmember Trude stated no one was concerned with this and no one was reassuring her. Mr. Hutchison stated they were here to reassure her because as a utility, their first concern is safety. Councilmember Trude stated it is less than thirty feet from the front of the slide to the stake. Mr. Hutchison stated they agreed the swing set should be moved and they will make sure it happens. Mr. Erickson stated regarding the safety, they are comfortable with the layout that is proposed. He stated the comer of the building is substantially further away from the structure than it is showing. Mayor Gamache stated the park was planned for 2003 in the CIP. Mr. Erickson stated this was true. - Regular Andover City Council Meeting Minutes - August 20, 2002 Page 8 Mayor Gamache asked when the construction would begin. Mr. Hutchison stated they need to start this as soon as possible because of a Federal deadline. Mr. Nelson stated they are required to have the facility operational by October. Motion by Orttel, Seconded by Jacobson, to approve Item 10 (Reconsider Variance/14800 Prairie Road/Northern Natural Gas) with the addition of allowing barbed wire to be put on top ofthe fence. Motion approved 4 ayes, 1 nay (Trude). (See Resolution R126-02) Councilmember Jacobson stated that there was a request to top the fence with barbed wire but there was nothing in the original Resolution or the current Resolution to allow that so if that would be granted, they would need to put that into the motion. Councilrnember Trude asked if there was another type of material other than barbed wire that would work. Mr. Hutchison stated the idea is to discourage people from going over the fence and barbed wire is a deterrent. Councilmember Trude asked if it is a possibility to add landscaping around the fence. Councilmember Jacobson stated it would make it easier for the kids to hide or climb the fence. Mr. Hutchison stated as a rule they did not like to use landscaping by a facility they are trying to make secure because that is where vandals hide. CONSIDER VARIANCE/17340 ROANOKE STREET NW Councilmember Trude stated she had this pulled because she had a question on non-conforming use and it seems the variance is being granted because the rules are being changed and the house has been there a long time and it does not seem fair that they cannot expand the house. She stated in this case, the house is non-conforming solely because of the road. Mr. Neumeister stated this was true. Motion by Trude, Seconded by Knight, approve Item 12 (Consider Variancel17340 Roaknoke Street NW). Motion approved unanimously. (See Resolution R127-02) CONSIDER VARIANCE/2815 _134TH A VENUE NW Mayor Gamache stated he was stepping down from discussion because it involves him. Councilmember Orttel assumed the role of Acting Mayor and stated this is a backyard variance. Councilmember Trude stated she did not have a problem with this because the lot would be unbuildable if there was not a variance. Councilmember Orttel explained the problem. Motion by Trude, Seconded by Orttel to approve item 12 (Consider Variance/2815 -134th Avenue NW). Motion approved 4 ayes, 0 nays, I present (Gamache). (See Resolution 128-02) Mayor Gamache retumed to the Council. Regular Andover City Council Meeting Minutes - August 20, 2002 Page 9 DECLARE AMENDED COSTS/ORDER ASSESSMENT ROLVOO-39/CHESTERTON COMMONS NORTH ¡ND ADDITION This item was requested to be added to the discussion by Mr. Jerry WindschitL He asked to present objections to the proposed assessment roll. Councilmember Jacobson asked ifthe engineer had looked at this and ifhe concurred with the letter from Mr. Windschitl and what the status would be. Mr. Erickson stated Mr. Windschitl's engineer had brought this to them a couple of weeks back and they did look at them and some adjustments were made on other items. The two items listed are consistent with the way the City assesses projects and they are recommending that they are part ofthe assessment to this development. Mr. Windschitl stated this was an old issue that was brought up when the feasibility report was done on this proj ect and the Council at that time discussed the sewer and water and made a decision that he would not be assessed for the sewer and water on the street. He stated he did not have any lots on the street and presented his objection to the Council. Councilmember Trude asked if the hydrant served some of the corner lots. Mr. Erickson stated the hydrant is a temporary hydrant and would be removed in the future as this is developed. He stated the hydrant was needed as part of the development and is required for the development to be there. Mr. Windschitl stated he has a temporary hydrant on the stub street to the west and a hydrant close to the intersection of the two roads and a hydrant that meets all of the City requirements covers all the lots in the development. He stated the hydrant is 350 feet from the intersection and if the issue is temporary, he did not know how the hydrant would not be pennanent. Mr. Erickson stated they have looked at this and they are comfortable that it is a temporary hydrant. He stated it is required as part of the development. Councilmember Trude asked ifthis is partially because of the City's policy not to assess the existing homes in this area. Crane Street is not being assessed to the developer; it is being taken care of by the City. He stated the hydrant is needed because of the extension of Crane Street and it is to bleed the line and not a hydrant set up for fire protection. He stated there would be a hydrant at the end of the street even if the utilities were not extended north. Councilmember Jacobson asked if the previous minutes stated Mr. Windschitl was not required to pay the water and sewer. Mr. Erickson stated this was correct and he did not pay for the water and sewer but the hydrant is required and he is responsible for the one hydrant. Mr. Windschitl stated the discussion at the previous Council meeting was whether the line should be extended and the decision was made to extend this but ifthe line were not extended, they would not have this issue now. Councilmember Trude stated they were talking about the utilities at that meeting. Mr. Erickson stated this was correct. Councilmember Jacobson stated that even if the line had not been extended, they would have still needed a hydrant to flush the system. Mr. Windschitl stated the existing hydrants would of Regular Andover City Council Meeting Minutes - August 20, 2002 Page 10 accomplished this. They have met all the requirements in their development for hydrants. Mr. Windschitl stated the item on the assessment is the area charge for sewer and water. Mr. Erickson stated Mr. Windschitl was being charged for these on the entire plat and the City's policy is to charge area charges for trunk sewer and water for the plat. The plats would extend to the centerline of the roadway and the only thing excluded from the area charge is ponding areas. He stated this is consistent with the policy and practice that is in place. He stated there are similar locations on other plats that have had the long roadways where the area charges have been applied. He stated it is consistent and if they start deducting some ofthe area charges, the area charges would have to go up. Mr. Erar stated the development should pay for itself and the City Engineer has indicated that if the development was not there, the hydrant would not need to be installed. Councilmember Orttel stated there is another development going in and asked if they would be paying for a hydrant. Mr. Erickson stated they would pay for their hydrant as needed. Mr. Windschitl stated this hydrant couldn't be temporary because it cannot be moved as there is a house to the east and this is the only logical place for the hydrant. The money for this should be in the trunk fund and be charged to the undeveloped property. It is unreasonable to try to assess a benefit him for a hydrant that is way past his property. Councilmember Trude asked if the hydrant is within the right-of-way. Mr. Erickson stated it is within the right-of-way of the plat. Councilmember Trude asked if this was in the feasibility study. Mr. Erickson stated a feasibility study does not address every particular item of the development and is not a design. Councilmember Trude stated she did not see any way to cut the money on it if it is not included in the assessment. Mr. Windschitl stated his understanding of the hydrant is that the City took a temporary easement on the other property and the hydrant is in a temporary easement. Mr. Erickson stated the hydrant is in the right-of-way and the extension of the sewer and water is in the temporary easement but not the hydrant. He stated the feasibility report indicated an estimated cost of $18,024.72. The assessment came in at $14,839.32 which is significantly lower than the feasibility report indicated and they are charging him only for what the development costs are. Mr. Windschitl stated this is not a new issue and objected to it when the feasibility report came out. Councilmember Trude stated the complaint was for the utilities and he is not being charged for the utilities, he is only being charged for the one hydrant. Mr. Windschitl stated his argument was on sewer and water charges and that is what he brought to the Council at the time and the only reason why the road was there was to bring access to the development. Councilmember Knight stated if the developer did not pay for it than the rest of the taxpayers have to pay for it. Mr. Windschitl stated at worst they would have a trunk issue and one of the parcels is being platted and the other one cannot be far behind so they would assess a hydrant at the time when - ~ - . - -- -_.~ Regular Andover City Council Meeting Minutes - August 20, 2002 Page 11 someone develops the property. Councilmember Trude stated the problem was all of the property was developed piecemeal instead of all at once. She did not know ifthe road would have gone in if the development had not gone in. Councilmember Jacobson stated this is no different than what was done on any other plat. Mr. Erickson stated they are very consistent with the way they have assessed the other projects. Councilmember Orttel asked if the feasibility report showed certain water was going to be assessed and they took out the charges but the hydrant was not. Mr. Erickson stated he would need to look at the report but going through the platting process there was a need to provide service to the other properties and the direction of the Council was not to charge the developer for the utility lines beyond his platted lots and that has not been done. Motion by Trude, Seconded by Jacobson, to approve Item 19 (Declare Amended Costs/Order Assessment RòI1l00-39/Chesterton Cornmons North 2nd Addition). Motion approved unanimously. (See Resolution R129-02) CONSIDER LIFTING THE MULTI-FAMILY HOUSING MORATORIUM Mr. Neumeister explained the City Council adopted an interim ordinance that established a moratorium on multi-family housing on April 18, 2000. Council approved time extensions for the moratorium that originally started on April 18, 2000. The most recent time extension will allow the moratorium to continue until October 16, 2002. Mr. Neumeister stated all the required items that were identified to be complete, revised or adopted have been finished. Staff requests the City Council repeal Ordinance #255, #255A, #255B and #255C by adopting Ordinance #255D, which would remove the moratorium on Multi-family Housing. Mr. Neumeister showed the Council a map of the area. Councilmember Trude asked if there were a number of acres set aside for this. Mr. Neumeister stated it was approximately eight to ten acres. Councilmember Trude asked if sites one and two are on the east side of Hanson. Mr. Neumeister stated this was true. Councilmember Orttel asked why the old Hans Hagen site was not on this. Mr. Neumeister stated it was exempted. Councilmember Jacobson asked if they did this tonight, what would be the soonest someone could come in and plat a preliminary site. Mr. Neumeister stated it would be 2004 construction. Councilmember Trude asked if multi-family housing units are allowed to be rental and if they rezone and take off the moratorium, could they have a proposal brought before them that could be rental. The control feature the City had in the past was to have a contract with the developer so they would know what they would have as a finished project. She asked if they could have multi-family units all being rentals. Mr. Neumeister stated this was true. Councilmember Trude stated that she wanted to make sure they have enough control on any type of potential rental housing to prevent issues of , .- .~- ~----- ---- Regular Andover City Council Meeting Minutes -August 20,2002 Page 12 criminal activity. Mr. Neumeister stated the properties along Bunker are already zoned for multi -family, so unless they down-zoned them to something that would require contract rezoning, they would be in a position where they would have to approve some sort of multi-family if it came before the Council. City Attorney Hawkins stated they do not use contract zoning to exclude rental type units, they use it to specifically require certain design and use. Councilmember Trude stated that if they lift the moratorium and they have a number of places in the City that allow the dense housing, there is freedom by the owner of the property to construct single-family owner occupied or landlord owned house. City Attorney Hawkins stated this was correct. Councilmember Trude stated she was not sure the City's ordinances had the same protection other cities have regarding rental property. City Attorney Hawkins stated he believed they do but in the past there has not been a need for that and if there is a concern, they could look into that. Councilmember Trude stated it is important to not lift the moratorium until they adopt some of the housing codes. Councilmember Jacobson asked how long they could extend this. Mr. Neumeister stated this could only be extended until October 16, 2002. City Attorney Hawkins stated they couldn't extend this any further. Councilmember Trude stated they needed to immediately look at adopting model Ordinances for rental property. Councilmember Orttel stated another thing they could do that would bring the contract back in on these that are not subject to the contract zoning is to require an SUP for all multi-family and would put them back in control of the design. Councilmember Jacobson asked if it would be possible to have staff see what they can do to protect themselves to the maximum extent. Councilmember Orttel stated there is a way to rezone some of these and the intent was clear that the Council wanted contractual control over the design of the project or go with the SUP. Mr. Erar suggested the Council table this for tonight and come back with recommendations in terms of additional housing codes. Councilmember Jacobson stated that if they have to put something in an Ordinance or Resolution form, they have legal notification so they could do that before the moratorium runs out. Mr. Erar stated they would bring it back before the October deadline. Motion by Knight, Seconded by Trude, to table Item No. 30 (Consider Lifting the Multi-family Housing Moratorium). Motion carried unanimously. .. --- ~ -,--------_._- . Regular Andover City Council Meeting Minutes - August 20, 2002 Page 13 COUNTY 5-YEAR CIP/CITY PRIORITIES Mr. Erickson stated that each year the Anoka County Highway Department prepares a 5- Y ear Capital Improvement Proj ect list, which identifies their anticipated future road and intersection improvements. Mr. Erickson reviewed the proposed County improvements in the City of Andover and showed a map to the Council. Councilmember Knight asked if they were looking at one light on Seventh Avenue. Mr. Erickson stated this was true. Councilmember Orttel stated he thought the signalized intersection on Hanson and Andover Boulevard was more imminent than this. He thought they had talked to the County about this and asked if they could not open another lane because people were being tagged for tuming onto the shoulder. Mr. Erickson st<,lted it was not in the County's ClP at this time but it is getting more attention at the County level and by providing documentation to the County is reinforcing the need for it. Councilmember Trude stated when they had the transportation meeting a spokesperson for the County stated they had been applying for the Federal Hazardous intersection elimination fund and that was part of the reason why they wT'~~iJþoking at widening part of Hanson just short of that. If they get the funds, they would take lia ~ c6rtain amount sf eaell6@QtisH tõ ¡¡llo'" for intersection improvements. Mr. Erickson stated most of the intersection improvements do use the Federal intersection elimination funds. CtffiMd.ld q/51~?- Councilmember Orttel stated for the benefit of the public, the reason the Crosstown at Hanson signal is not on the list is because they are going to start building in a few weeks. Mr. Erickson stated the intersection of Crosstown and Hanson will be reconstructed in the next week and would take a month and a half to complete so there will be detours. Motion by Trude, Seconded by Orttel, to approve Item 31 (County 5-Year ClP/City Priorities). Motion carried unanimously. ACKNOWLEDGE METROPOLITAN COUNCIL'S HOUSING PERFORMANCE SCORE Mr. Neumeister discussed the Metropolitan's Council Housing Performance Score with the Council. SCHEDULE COUNCIL WORKSHOPIMISCELLANEOUS CITY ISSUES Mr. Erar stated several City issues would need to be discussed by Council to provide staff with further direction on desired Council policy outcomes. Regular Andover City Council Meeting Minutes - August 20, 2002 Page 14 Motion by Orttel, Seconded by Knight, to shedule a City Council Workshop for Tuesday, September 10, 2002 at 7:00 p.m. to discuss miscellaneous city issues. It was noted a meeting couldn't be held on a primary election night until 8:01 p.m so a vote was not taken. Motion by Jacobson, Seconded by Trude, to schedule a City Council Workshop for Wednesday, September 11, 2002 at 7:00 p.m. to discuss miscellaneous City Issues. Motion carried unanimously. Mayor Gamache stated he would like Item 35 moved before Item 34 because there is resident in the audience for this. The Council agreed. MAYOR/COUNCIL INPUT (Bunker Lake Redevelopment Area - Study of Double Splits & Condominiumizing) - Mr. Neumeister stated that on June 12, 2002, the Andover Economic Development Authority reviewed three alternatives that staff suggested for the area known as the Bunker Lake Boulevard Redevelopment Area. The Building Official and Fire Chiefhave provided input regarding the minimum changes and conditions that would be required before any of these multi-family units would be allowed to be split. These include, but are not limited to separate sewer, water and power service to each living unit, one-hour fire separation between all living units, garage spaces meeting a minimum of 440 square feet for each unit, minimum size housing units and meeting minimum lot size requirements with property setbacks. Mr. Neumeister stated the four-plex conversion to allow owner occupancy is expected to be more difficult than the doubles. The code requires each unit to have a separate outside entrance, as well as more fire protection on common walls, floors and ceilings. Both the duplexes and four-plexes need fire separation from basement to the roof of the building. Both the Fire and Building Departments felt that there would be a lot of work involved in the conversions of these units, but if the basic requirements outlined above were followed, they would be allowed to be split. Councilmember Jacobson asked how many buildings there are. Mr. Neumeister stated he did not have any numbers. Councilmember Orttel stated there were eleven units in the problem area and five or six in the other area. Mr. Neumeister stated they would make these special use permits and they would have to meet all the criteria. He showed the Council a map of the area. Councilmember Orttel stated the problem they have is the first people in are taking a big gamble and maybe the City could rezone it to help the investor along. Ms. Hoag asked if once an Ordinance is created, are they able to make the eviction process go ~ -_._~ Regular Andover City Council Meeting Minutes - August 20, 2002 Page 15 faster than normal. Councilmember Trude stated it has been done. She stated that urban cities have set the model. Ms. Hoag asked if they were to get the Ordinance, could they get past history of the individuals. Councilmember Trude stated they could not go back, they could only move forward. Ms. Hoag stated these buildings are section 8 units so she did not think the landlords were suffering or cared. Motion by Orttel, Seconded by Knight, to approve a Study of Double Splits & Condominiumizing in the Bunker Lake Redevelopment Area and send this to the Planning Commission for review. Motion approved unanimously. Councilmember Knight asked if you could install a firewall in an existing building without spending a lot of money. Mr. Neumeister stated these buildings typically do not have a firewall going all the way up to the roof deck so they would need to tear open the roof and install the firewall and it would be a costly conversion. Mayor Gamache asked if this was a stated law. Mr. Neumeister stated this was typically by building code and there are requirements that have to be met to give full separation. Councilmember Trude asked if these buildings did not require a firewall. Mr. Neumeister stated that he believed these buildings were built before the requirement. Mr. Erar stated what the Council is trying to accomplish is an enabling ordinance to allow for private owners to try to convert. As far as the technical issues, they should be dealt with by the building department and the fire chief and should be brought to the Planning Cornmission for review. This would enable a private property owner to convert if they wanted to make the investment and it would be up to the local govemment to make sure the building code is met. Councilmember Jacobson asked if they were overlooking other things that could be done and maybe staff could look into other things and meet with people for other options. Councilmember Knight asked if there was rehab money available other than Metropolitan Council. Councilmember Orttel stated most of the funds are based on the report submitted earlier or with the blessing of the Organizations. The Metropolitan Council runs contrary to what they want to do and they want to encourage this type of thing in the City. They do not want it diminished so the City is on its own. He stated the best way to get this done is to use the creativity from the private sector. Ms. Hoag stated that since the problem has been around for thirty years, at this point they need to go to the extreme measures of upgrading the neighborhood. Councilmember Jacobson stated this is one item that could be looked at in other ways and look at other options. Councilmember Knight asked if this did anything contrary to what they need for rental units. Mr. Erar stated that ifthe units became owner occupied, multifamily would be in the same density type levels. He stated there are several communities that have some programs out there that have licensing and work with the landlords in identifying problems. Regular Andover City Council Meeting Minutes - August 20, 2002 Page 16 Mayor Gamache stated he would be interested in any information regarding the Brooklyn Park development. (Lawn Establishment Ordinance/Discuss Backyard Top Soil) - Mr. Neumeister stated there was an oversight at the last Council meeting where an incorrect version of the Ordinance Amendment was inadvertently inserted into the packet. Also included is the change regarding the builder rather than the developer being responsible for the escrow. He stated some concern was expressed at the last meeting regarding the spreading of black dirt over the entire yard. The adopted Ordinance requires that the black dirt requirement be applied only to urban lots that have City sewer and water which are typically 135-160 feet deep. Councilmember Orttel stated he was concerned on how this would be interpreted. Mayor Gamache stated it should be the graded area. Councilmember Knight stated they could have natural grass in the back of the lot. Mr. Neumeister stated if there would be natural grass, they would not require black dirt because they would want to retain that as a natural area. Councilmember Jacobson stated on the bottom of page two, last paragraph, it says .... . all lots shall be sodded or seeded from the boulevard edge to the rear wall of the principal residence." This sentence indicates that the boulevard does not need to be covered. Mr. Neumeister stated it is covered separately under the development contract. Councilmember Jacobson stated 4th line from the bottom .... . spreading of soil and sodding or professionally seeding ", allows the homeowner to sod their property, only the seeding is to be done professionally. Mr. Neumeister stated this was true. Councilmember Jacobson stated the end of that line.... . and sodding of the boulevard..." should be taken out. Mr. Neumeister stated it was proposed to be taken out because it is also included in the development contract. Councilmember Jacobson asked ifstaffwas satisfied that it does take care of that. Mr. Erickson stated they were satisfied. Councilmember Knight asked if the Boulevard could be flowered. Mr. Erickson stated they could not. The boulevard would need to be sodded during the development but later the homeowner may do some landscaping. (Next Meeting-Worksession) - Councilmember Jacobson wanted to know why they were using more water than anyone else. He stated he would like to get some discussionary information. (Ordinances on CD) - Councilmember Jacobson asked how they were coming with getting all the Ordinances onto CD. Mr. Erar stated within the next thirty to sixty days they would be getting a final version and they would be able to put it on the website. (Traffic Study) - Mayor Gamache asked what a person would have to do to request a traffic study. Mr. Erickson stated they could look at the location internally. (School District Open House) - Mr. Erar stated there would be a School District Open House August 27, 2002 for the Andover High School at 6:30 p.m. He suggested the Council change the meeting to 7:00 p.m. to allow them to go to the Open House. Councilmember Trude stated the Regular Andover City Council Meeting Minutes - August 20, 2002 Page 17 administrative staff has moved in but they do not have everything ready. Mr. Erar stated one ofthe things they will be doing is the fire watch and that means they would be committing volunteer fire fighters as well as sheriff s deputies which would be a cost to the school district. He stated they should have everything ready by the time school opens and they are hopeful that by the time school opens they will be able to get the students in there. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:00 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary . - --