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HomeMy WebLinkAboutCC October 1, 2002 ~ ~ CITY OF ANDOVER ~/D-16-{)~ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVERMN.US Regular City Council Meeting - Tuesday, October I, 2002 Call to order - 7:00 PM Resident Forum Agenda Approval 1. Approval of Minutes (Spec. CC 9/11/02) (Spec. Joint CC/Park Comm. 9/12/01) (Reg. CC 9/17/02) la. Proclamation/Community Enrichment Week in City of Andover Consent Items 2. Approve Payment of Claims - Finance 3. Accept Feasibility ReportlWaive Public Hearing/02-37/2S56 Bunker Lake Boulevard NWIWM- Engineering 4. Accept DNR Grantl02-29/0ak Wilt Suppression Program - Engineering 5. Waive Public Hearing/Adopt Assessment Roll/02-IO/Ashwood Estates (Lot 2 & 3, Block 1)- Engineering 6. Waive Public Hearing/Adopt Assessment RoIII02-13/Prairie Acres (Lot I & 2, Block I) - Engineering 7. Approve Revised CIP for ParkslHills of Bunker Lake West Park - Engineering 8. Appoint Election Judges/General Election - Clerk 9. Appointment RecommendationlFinance Department - Administration Discussion Items 10. Consider Amendment to Ordinance S/Two-Family Home Conversion Regulations - Planning II. Consider Amendment to Ordinance SlMaking Multi-family a Special Use in the R-5, M-I and M-2 Zoning Districts - Planning 12. Consider Amendment to Ordinance 266/Rental Housing Standards - Planning Staff Items 13. Reschedule November 5, 2002 Council Meeting - Clerk 14. Receive Assessment Roll/Order Public Hearing/00-5A12002 Mill & Overlayl7th Ave. Area- Engineering 15. Schedule Joint City CouncillPark Commission 2003-2007 CIP Workshop (Carryover) - Administration 16. Authorize Advertisement for Planning Commission Vacancies - Planning Mavor/Council Adjournment ..,.,- r REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 1, 2001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. I AGENDA APPROV AL............................................................................................................. 2 APPROVAL OF MINUTES...............................................,......................................................2 PROCLAMATION/COMMUNITY ENRICHMENT WEEK IN CITY OF ANDOVER........ 2 CONSENT ITEMS Approve Payment of Claims.. ....... ......... ..... .............................. ....... .... ............. ........ ..... ...... 2 Resolution R142-02 accepting Feasibility ReporVWaive Public Hearing/02-37/ 2856 Bunker Lake Boulevard NW/WM......................................................................... 2 Accept DNR GrantJ02-29/0ak Wilt Suppression Program.............;................................... 3 Resolution R143-02 Waive Public Hearing/Adopt Assessment RoIll02-1O/ Ashwood Estates (Lot 2 & 3, Block I) ........................................................................... 3 Resolution R144-02 Waive Public Hearing/Adopt Assessment Roll/02-13/ Prairie Acres (Lot I & 2, Block 1) ................................................................................. 3 Approve Revised CIP for ParksIHills of Bunker Lake West Park ...................................... 3 Appoint Election Judges/General Election (Resolution R145-02)...................................... 3 Appointment RecommendationlFinance Department............... ....... ............................... ..... 3 CONSIDER AMENDMENT TO ORDINANCE 8rrWO-FAMIL Y HOME CONVERSION REGULA TIONS ........................................................................................ 3 Motion to approve, Ordinance SQQQQQQ..........................................................................4 CONSIDER AMENDMENT TO ORDINANCE S/MAKING MULTI-FAMILY A SPECIAL USE IN THE R-5, M-l AND M-2 ZONING DISTRICTS................................. 4 Motion to approve, Ordinance SRRRRRR ...........................................................................4 CONSIDER AMENDMENT TO ORDINANCE 266/RENTAL HOUSING STANDARDS.. 5 RESCHEDULE NOVEMBER 5, 2002 COUNCIL MEETING ............................................... 7 RECEIVE ASSESSMENT ROLL/ORDER PUBLIC HEARING/00-SA/2002 MILL & OVERLA Y17TH A VENUE AREA (Resolution RI46-02).................................................... 7 SCHEDULE JOINT CITY COUNCIL/PARK COMMISSION 2003 - 2007 CIP WORKSHOP (CARRYOVER) ............................................................................................ S AUTHORIZE ADVERTISEMENT FOR PLANNING COMMISSION VACANCIES.......... S DECLARE COSTS/ORDER ASSESSMENT ROLL/SCHEDULE PUBLIC HEARING/2002 DELINQUENT UTILITY SERVICE CHARGES (Res. R147-02) .............. S MAYOR/COUNCIL INPUT Andover High School Dedication......................................................................................... S CIP Draft Form Preliminary ................................................................................................. 8 YMCA Market Study Review .............................................................................................. 9 Andover Station Signed Leases ..Update.............................................................................. 9 ADJOURNMENT......................................................................................................................9 _ _ _ _L ._ . ..- - CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 1, 1002 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 1,2002,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Ken Ortte!, Julie Trude Councilmember absent: Don Jacobson Also present: City Attorney, William Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Will Neumeister Others RESIDENT FORUM Ms. Kay Aasness, 16425 Hanson Boulevard, stated she would like to speak about the Rural Reserve issue. She is represented and joined by fellow landowners who oppose the Rural Reserve and they also sent a lettcr to the Council stating their concerns. They are at the meeting to show a united front and to get a brief update and to suggest the Council address their concerns at a future Council meeting. She stated Rural Reserve would be costly to the landowners and enroaches on their rights to do with their property as they desire and limits their investment they have in their land. Mayor Gamache asked Mr. Neumeister how the sewer study is going. Mr. Neumeister stated they are in the [mal stages of the draft document that they will bring to the Council on October 9, 2002 for a work session. Mayor Gamache told Ms. Aasness he appreciated the letter the Council received regarding this. Councilmember Trude stated the Met Council is holding an open house on October 8, 2002 in the morning to discuss this and everyone is invited. This would probably influence them because they would have property owners there to let them know how this is affecting them. She stated she did not think the Met Council is hearing from the individual landowners. She thinks they are only hearing from the developers. She asked if staff could send out information to the residents involved in the Rural Reserve. Mr. Neumeister stated they were planning on sending out a notice of the meeting next week and at the Planning Meeting next week they are going to be discussing this and on October 15, 2002, they would ask the Council to make any [mal adjustments to the draft document the Met Council is requesting. He stated the AMM held a workshop and covered the highlights of what is in the 1 50-page document from MET Council and he could get anyone the summary of what was discussed. ..... r -..~ ." Regular Andover City Council Meeting Minutes - October 1. 2002 Page 2 Ms. Aasness asked why the City agreed to the Rural Reserve. Mayor Gamache stated they looked at it as a way to get their 2020 plan accepted by the Met Council. Councilmember Trude stated that it was the last thing they needed to do. Councilmember Knight stated it was a dictated move. Councilmember Orttel stated in order to get the Comp Plan approved they needed to agree to have Met Council look throughout the City for an area to run the sewer. Ms. Aasness summarized that the City was strong armed into this. The Council agreed. Councilmember Trude stated once the Met Council makes the decision as to where the Rural Reserve will be, the restrictions would be lifted in other areas not taken by Rural Reserve. AGENDA APPROVAL Add to the Staff Items, Item 17, (Declare Costs/Order Assessment Roll/Schedule Public Hearing/2002 Delinquent Utility Service Charges). Motion by Trude, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES September 11, 2002, Special City Council Meeting: Correct as amended. September 12. 2002, Special Joint City Council/Park Commission Meeting: Correct as written. September 17. 2002. Regular Meeting: Correct as written Council member Knight stated on September 11,2002 he had a change on page 5. He stated he did not think he said the last sentence in the second paragraph "Maybe there should be a squeal fee for those ,....histleblowers that turn their neighbors in." and would like it removed. Motion by Trude, Seconded by Knight, approval of the Minutes as indicated above. Motion carried unanimously. PROCLAMA TION/COMMUNITY ENRICHMENT WEEK IN CITY OF ANDOVER Mayor Gamache read the City of Andover Proclamation and declared October 6 - 12,2002 Community Enrichment Week. CONSENT ITEMS Item 2 Approval of Claims Item 3 Accept Feasibility ReportlWaive Public Hearingl02-37/2856 Bunker Lake Boulevard - - - ~ - . ~ . . ..-....--- .' Regular Andover City Council Meeting Minutes - October 1, 2002 Page 3 NW/WM (See Resolution R142-02) Item 4 Accept DNR GranV02-29/0ak Wilt Suppression Program Item 5 Waive Public Hearing/Adopt Assessment Roll/02-1 0/ Ashwood Estates (Lot 2 & 3, Block 1) (See Resolution R143-02) Item 6 Waive Public Hearing! Adopt Assessment RolV02-l3/Prairie Acres (Lot 1 & 2, Block I) (See Resolution R144-02) Item 7 Approve Revised CIP for ParksIHills of Bunker Lake West Park Item 8 Appoint Election Judges/General Election (See Resolution RI4S-02) Item 9 Appointment RecommendationlFinance Department Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER AMENDMENT TO ORDINANCE 8/TWO-FAMILY HOME CONVERSION REGULATIONS Community Development Director Neumeister explained the EDA and City Council have had discussions over the past few months that there should be provisions to split duplexes for separate ownership. The Zoning Ordinance allows for it, however the language that is currently in the ordinance needs minor changes to bring it up to date. Mr. Neumeister stated the Building Official and Fire Chief have provided input regarding the minimum changes and conditions that would be required before a two-family unit would be allowed to be split. He discussed the code related requirements/improvements to each unit with the Council. Mr. Neumeister stated once the park dedication fee is made, they would not be subject to additional park dedication fees. Councilmember Knight asked what would happen regarding the driveways. Mr. Neumeister stated they would need to establish a minimum width. At this time there is no regulation for this. Councilmember Trude asked if all the driveways were improved. Mr. Neumeister explained that each of the units would be a special use permit and with the special use permit, they would need to review the placement of the units on the properties and this could be made a condition of the splitting. Councilmemher Trude asked what a split would do to a person's property insurance policy incase of a fire and they would need to rebuild to standard code. Councilmember Orttel stated this is part of the policy. If a house needed to be rebuilt, it would need to conform to the current City code. Councilmemher Trude asked what the benefit is to the community to have separate utilities. Mr. Neumeister stated in his experience when there is someone in one unit who is not paying the water bill and the other unit they are, there is no way to shut off the water to the one unit without affecting . . Regular Andover City Council Meeting Minutes - October 1, 2002 Page 4 the other unit. The same thing goes with the sewer. Councilmember Trude stated she is concerned with the cost of having to split utilities. Motion by Trude, Seconded by Orttel to adopt Item 10 (Consider Amendment to Ordinance Sffwo- Family Home Conversion Regulations - See Ordinance SQQQQQQ) and to direct staff to submit a CDBG Grant application for funding for qualified property owners to assist them in making the building improvements for the property splits to take place. Motion carried unanimously. Mr. Erik Nyland, 2110 l40'h Lane NW and Ms. Janet Larson, 2111 140'h Lane asked for some clarification on the Ordinance. Mr. Nyland asked if this was an elective thing on the owncr's part and that Council is working out everything if the owners do decide to split. Council stated this was true. Ms. Larson stated she wanted some clarification regarding this because it has come to her attention that some of the Council members were not aware that some of the buildings were owner occupied. Councilmember Orttel stated he was not until she called him. Ms. Larson stated they are looking into a neighborhood crime watch and they are at the meeting to be heard and want to work with the City. CONSIDER AMENDMENT TO ORDINANCE 8/MAKING MULTI-FAMILY A SPECIAL USE IN THE R-5, M-1 AND M-2 ZONING DISTRICTS Community Development Director Neumeister explained at the August 20, 2002 Council meeting interest was expressed in making additional changes to the City's Ordinances related to multi-family rental housing, specifically how requests are reviewed for approval and related to licensing standards. This report provides recommendations to changes to current codes reviewing and regulating multi-family rental housing. He stated staff is asking the Council to consider raising the standards for new construction of townhouses and multi-family units. Mr. Neumeister discussed the amendment to Ordinance S with the Council. Councilmember Knight asked if the upgrade would run contrary to what MET Council is proposing. Mr. Neumeister stated it could. Councilmember Orttel stated he did not think there would be a problem with setting the standards that would be just above minimum for that type of construction. He would like to see what other cities are doing. Motion by Orttel, Seconded by Trude, to accept Item 11 (See Ordinance 8RRRRRR - Making Multi-Family A Special Use in the R-5, M-l and M-2 Zoning Districts) and adopt the proposed changes including: _ 4 __.. _ ...--- Regular Andover City Council Meeting Minutes - October 1, 2002 Page 5 1. Multi-family (apartments) and townhouses being removed from Permitted Uses in the Manufactured Housing (R-5), Multiple Dwelling (M-l and M-2) Zoning Districts; and 2. Allow multi-family (apartments) and townhouses only by Special Use Permit in the Manufactured Housing (R-5), Multiple DwelJing (M-l and M-2) Zoning Districts. Mayor Gamache asked what the area on 140'h is zoned. Mr. Neumeister stated it is zoned R-4. Motion carried unanimously. Councilmember Orttel asked if staff could look at the standards to make sure they are keeping up with the state of the art. Mr. Neumeister stated this would be the next step and they would bring back what the standards would be and they would look at surrounding communities for rental and townhouses. CONSIDER AMENDMENT TO ORDINANCE 266/RENTAL HOUSING STANDARDS Community Development Director Neumeister explained the City Council has discussed over the past few months that there should be a detailed review of the City's codes related to rental housing,· which is Ordinance #266. Mr. Neumeister discussed the proposed ordinance with the Council. He discussed the different City's ordinances pertaining to rental housing. Mr. Neumeister stated in discussing the issue of updating the Ordinance with the City's law enforcement staff, it was recommended that adjustments be made to require landlords to screen tenants, and be proactive in limiting incidents and police calls. Mr. Neumeister explained there are two different ways this issue could be handled. One is to follow the Planning Commission recommendation and repeal the current Ordinance and adopt the entire new language similar to Brooklyn Park. The second is to add sections to the current Ordinance adding tighter licensing controls and establishing criteria that would create two levels of licenses. Councilmember Knight asked Mr. Neumeister to explain the surrounding area. Mr. Neumeister stated they were talking about at what distance around a given unit they would judge a call rate because they have to have a definite distance. He stated they could find a difference in what the call rates are. It is important that they a surrounding area and they could establish a data request with the Sheriff. City Attorney Hawkins stated this was discussed at the staff meeting and he was concerned because he was not sure what the definitions are. CounciImember Knight asked how they would hold a person responsible for what happens on a street corner night after night. - - - .. -- ...__0_- .' Regular Andover City Council Meeting Minutes - October 1. 2002 Page 6 Councilmember Orttel asked what if there is a neighborhood with a high rate of crime, would they take and put the entire neighborhood on probation or would it be per unit. Councilmember Trude stated she thought it wou]d be recorded per unit by calls. City Attorney Hawkins stated these issues would need to be reviewed to try to find a solution. Councilmember Trude stated they would need to establish a neighborhood standard. City Attorney Hawkins stated he thought they would need to follow this through with per unit calls and not area calls. Mr. Nyland stated one concern with the Ordinance is that he could be held responsible and ¡unished for someone he cannot evict. Councilmember Trude stated they should have the City Attorney look into this because they would be licensing per unit and if the license were revoked, the tenant would be evicted based on them forcing the eviction. Councilmember Knight stated there are two issues where you get repeat offenses; one is domestic issues and the other one is the drug issue and he does not know how they could hoJd the landJord responsible. City Attorney Hawkins stated there is a state law that deals with the drug issue and they could hold the landlord responsible. Councilmember Trude stated they want to encourage a neighborhood watch system with a section on no retaliation in the Ordinance. Mr. Nyland asked what the advanced part of the green process is, what it involves and ifhe would be able to pull criminal reports on prospective tenants. Councilmember Orttel stated they would be required to do this. City Attorney Hawkins stated the name of the company in the area that could do this is called Rental Research and they will do unlawful detainer checks and criminal checks and driver license checks. Depending on the infonnation wanted, the prices would vary. Mayor Gamache asked if at this time Mr. Nyland was just asking for references. Mr. Nyland stated he just checked references and credit and he did not know that he couJd pull a criminal report on someone and this would be helpful. Councilmember Trude stated Officer Landes could schedule a separate meeting for landlords to give them additional infonnation. Greg Flesvig, 2128 140'" Lane stated the wording in the Ordinance is attacking all owners of rental properties and should only be in regard to absentee owners and exclude all owner/occupied units. He asked if Council would consider rewording the Ordinance to exclude owner occupied buildings. Councilmember Trude stated they would probably be excluded because the Ordinance states it is for two or more rental units and they do not have two or more units. Mr. Flesvig stated another area is in regard to the calling area for police reports. He stated the teens cover a lot of area and they should consider extending the areas. Councilmember Trude stated she compared the two items and she liked what the City has now but could add some new sections and she would like to look at the Spring Lake Park Ordinance. Mr. Neumeister stated he would like Council to give him an idea what they would like staff to do. - -. - . -- . 0__0-__ __ Regular Andover City Council Meeting Minutes - October 1, 2002 Page 7· Councilmember Orttel stated he liked the wording from Brooklyn Park. Councilmember Trude stated there is a lot of overlap of Brooklyn Park's and Andover's Ordinances. She stated her only concern is she would like to keep the landscape issues from Andover's Ordinance if they would adopt Brooklyn Park's. Mr. Neumeister stated the landscaping on page 10 of their Ordinance is identical to Brooklyn Park's Ordinance. Councilmember Trude stated she wou]d like it if they go down to two rental units, excluding owner occupied units, but she wanted to know if this would be hard to enforce. Councilmember Orttel stated their Ordinance has provisions for small units and large units. Mr. Neumeister asked if the Council saw a need to do a special mailing to all rental unit owners so that they know that this is available and ifthey have a large reaction to it, they could meet with the landlords. Council stated it is a good idea. Councilmember Orttel stated staff should get information from the sheriff's department regarding incidenccs so Council can keep up on this. City Attorney Hawkins stated Anoka actually set up an owners association and they have meetings once a month to talk about things and the City helped coordinate this. RESCHEDULE NOVEMBER 5, 2002 COUNCIL MEETING Finance Director Dickinson stated General Election Day is November 5, 2002 and no public meetings are allowed to take place between 6:00 pm and 8:00 pm. He suggested the Council reschedule the mecting. Councilmember Trude asked if after an election they needed to do canvassing of results and needed to convene 24 hours after election. Mr. Dickinson stated he believed it is three days after the election that they needed to convene. Motion by Trude, Seconded by Orttel, to reschedule the November 5, 2002 City Council Meeting to Wednesday November 6, 2002 at 7:00 pm. Motion carried unanimously. RECEIVE ASSESSMENT ROLUORDER PUBLIC HEARING/OO-5A/2002 MILL & o VERLA Y/7TH A VENUE AREA Mr. Erickson discussed the cost for the concrete curb and gutter for the 2002 Mill & Overlayl7lh A venue Area project with the Council. Motion by Trude, Seconded by Knight, to approve Item No. 14 (Assessment RolVOrder Public HearinglOO-5N2002 Mill & Overlayl7lh Avenue Area. See Resolution R146-02). Motion carried unanimously. - ~ - . -- Regular Andover City Council Meeting Minutes - October 1. 2002 Page 8 SCHEDULE JOINT CITY COUNCIUPARK COMMISSION 2003-2007 CIP WORKSHOP (CARRYOVER) Finance Director Dickinson explained the City Council requested that this item be carried over to the October 1,2002 Council meeting to schedule a workshop with the Park and Recreation Commission to review, discuss and provide preliminary direction on the acceptability of capital park improvement projects designated for completion in the 2003 - 2007 Capital Improvement Plan (CIP). Motion by Orttel, Seconded by Trude, to Schedule a Joint City Council/Park Commission 2003- 2007 crp Workshop for November 14,2002 at 7:00 pm. Motion carried unanimously. AUTHORIZE ADVERTISEMENT FOR PLANNING COMMISSION VACANCIES Community Development Director Neumeister stated at the end of the year, there would be two Planning Commission vacancies that wiIl need to be filled. To prepare for the vacancies, staff is requesting the Council authorize advertisement for two vacancies and begin the interview and selection process. Motion by Orttel, Seconded by Knight, to authorize advertisement for two vacancies and begin the interview and selection process. Motion carried unanimously. Motion by Trude, Seconded by Knight to amend the above motion and authorize advertisement for all commissions and begin the interview and selection process. Motion carried unanimously. DECLARE COSTS/ORDER ASSESSMENT ROLUSCHEDULE PUBLIC HEARING/2001 DELINQUENT UTILITY SERVICE CHARGES Motion by Knight, Seconded by Trude, to schedule a Public Hearing for November 6, 2002 to discuss the proposed assessment. (See Resolution R147-02) Motion carried unanimously. MA YOR/COUNCIL INPUT (Andover High School Dedication) - Mayor Gamache stated he wou]d be speaking on Friday, October 4, 2002 at Andover High School for the dedication and there will be an open house from 4:30p.m. - 5:30p.m. and from 5:30p.m. - 6:30p.m. is the ceremony in the gymnasium, folIowed by the Andover FootbalI Homecoming game. (CI? Draft Form Preliminary) - Finance Director Dickinson stated for the meeting on October 9, 2002 they wiIl be discussing the CIP Draft Form Preliminary and he asked Council to bring their - -. - ~ -. Regular Andover City Council Meeting Minutes - October 1, 2002 Page 9 copIes. (YMCA Market Study Review) - Finance Director Dickinson stated Councilmember Knight and he visited the YMCA. The YMCA has started the Market Study and would be sending them an update on Friday which will be forwarded to the Council for another meeting with the YMCA for the following Wednesday. Councilmember Trude asked if their questions were like the city's survey. Mr. Dickinson stated they were but they were also testing for their programs and for the acceptance of the YMCN Andover partnership. Councilmember Knight stated they would have the results back by November 28,2002. Councilmember Trude stated the discussions with the YMCA were very promising and they will be a major financial partner. (Andover Station Signed Leases) - Mayor Gamache stated some of the signed leases at Andover Station include: Postnet, the Red Nails, Great Clips, Quiznos, Ladies Work Out Express, and the Belli Capelli Salon. Mr. Neumeister stated the liquor store will be opened approximately the second week in November and the grocery store will be opened approximately October 30, 2002. Councilmember Trude stated the current owner of Festival Foods has opted to change the name to County Market because he owns other County Market chains and the new Festival Foods will be operated by a different owner who has not done business in Andover and it will probably be a different type of store because she has some different ideas. Mr. Neumeister stated there would be a Dunn Bros. Coffee in the front of the grocery store. Motion by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:55 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary --- ...