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HomeMy WebLinkAboutCC October 6, 2001 ~CVlJ ~ II~-o\ 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 - Tuesday, October 16, 200 I Call to Order - 7:00 PM 1. Resident Forum a. Code Violation IssueNalley Drive NW - Planning 2. Agenda Approval 3. Approval of Minutes Consent Items 4. Approve Special Use Permit (01-09)/Home OccupationlBeauty Salon/898 138th Ave.IBorgen - Planning 5. Approve Ordinance Summary/LaWD Maintenance Ordinance No. 219- Planning 6. Accept Bids and Authorize Purchase/New Fire Truck - Fire Department 7. Approve Sale of Used City Equipment - Public WorfŒ 8. Declare Costs, Order Assessment Roll, Schedule Public Hearing/Delinquent Mowing Charges - Clerk 9. Declare Costs, Order Assessment Roll, Schedule Public Hearing/Delinquent False Alarm Fines - Clerk -~ 10. Approve Advertisement of Used Equipment - Public WorfŒ 11. Approve Anoka-Hennepin School District Agreement/School Liaison Funding- Administration 12. Waive Public Hearing/Adopt Assessment Roll/01-23/142nd Avenue NWIWM - Engineering 13. Accept Feasibility Report/W aive Public Hearing/O 1-27/Creekside Estates 2nd Addition - Engineering 14. Reduce Escrow/Developer Improvements/Woodland Meadows 3'" Addition - Engineering 15. Approve Quotes/Free Skate LightinglHawkridge Park - Engineering 16. Approve Amendment/Dec1aring Costs/99-35/Woodland Estates 2nd Addition - Engineering 17. Assign Various Development Projects to PIR Funding - Finance Discussion Items 18. Receive Anoka County Sheriff Department Monthly Report - Administration/Sheriff 19. Consider Park & Recreation Commission Recommendation-Park Vandalism Reward Program - Engineering 20. Public Hearing/Consider Extending Moratorium on Multi-family Housing/Ordinance No. 255 - Planning 21. Approve Amended SUP/PUD/ Alternate Townhome Design/Nature's Run Cont. - Planning 22. Approve Association Documents/Nature 's Run/BilI Hupp and Avalon Homes - Planning 23. Approve Final Landscape PlanlNature's Run/BilI Hupp and Avalon Homes -Planning 24. Approve Final PlatlNature's Run/BilI Hupp and Avalon Homes - Planning 25. Deny Special Use Permit (01-08)/Home Occupation/2487 139tb Avenue NW /Hurkman - Planning 26. Revisit Preliminary Plat/Association Documents/Devonshire Estates/Creekside Homes - Planning 27. Andover Athletic Association/Request for Ordinance Change - Administration 28. Approve Quotes/01-29/Fire Stations I & 2 Facility Repairs (Supplemental) - Engineering Staff Items 29. Schedule Council W orkshop/Executive Session! Administrator Performance Evaluation - Administration 30. Joint City Council Meeting Agenda Topics - Administration 31. Mayor/Council a. Special Use PennitIBilI's Superette- Attorney & Planning Payment of Claims Adjournment ,... ~- , ~~ ~ 11- /p -6\ REGULAR ANDOVER CITY COUNCIL METING MINUTES - OCTOBER 16, 1001 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................ I AGENDA APROV AL.............................................................................................................. I APPROVAL OF MINUTES.....................................................................................................2 CONSENT ITEMS Accept bids/Authorize purchase/New fire truck (Pierce Mfg, $229,995) ........................... 2 Approve sale of used City equipment .................................................................................. 2 Resolution R149-01 declaring cost/Ordering assessment roll/Schedule public hearing/ delinquent mowing charges ............................................................................................ 2 Resolution R 150-0 I setting hearing date of Nov 20 for assessment of delinquent mowing charges............................................................................................................................ 2 Resolution R 151-0 I declaring cost/Ordering assessment roll/Schedule public hearing/ delinquent false alarm fines ............................................................................................ 2 Resolution R152-01 setting hearing date of No v 20 for assessment of delinquent false alarm fines....................................................................................................................... 2 Approve advertisement of used equipment Approve Anoka-Hennepin School District agreement/School liaison ($78,800)................ 2 Resolution R153-01 waiving public hearing/Adopting assessment rolIl01-23/ 142nd A venueIW atermain................................................................................................ 2 Resolution R154-01 accepting feasibility/Waiving public hearing/01-27/Creekside 2nd.... 2 Reduce escrow/Developer improvementslWoodland Meadows 3'd Addition..................... 2 Approve quotes/Free skate lightinglHawkridge Park (Aircon Electric, $3,767) ................. 2 Resolution R155-01 approving amendment/Declaring costs/99-331W00dland Estates 2nd 2 Resolution R156-01 assigning various development projects to PIR funding .................... 2 SPECIAL USE PERMIT (Ol-Ol)/HOME OCCUPATION/BEAUTY SALON/ 898 138TH AVENUE/BORGEN Resolution R157-01 to approve Permit................................................................................ 3 ORDINANCE SUMMARYILA WN MAINTENANCE ORDINANCE NO. 219 Motion to approve ................................................................................................................ 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT............... 3 FIRE PROTECTION MONTH/CHIEF WINKEL ................................................................... 3 PARK AND RECREATION COMMISSION RCOMMENDA TION - PARK VANDALISM REWARD PROGRAM .......................................................................................................3 Motion to table to November 6 meeting ..............................................................................4 PUBLIC HEARING: ESTEND MORATORIUM ON MULTI-FAMILY HOUSING/ ORDINANCE NO. 255 .......................................................................................................4 Motion to approve ................................................................................................................ 5 AMENDED SPECIAL USE PERMIT/PUD/ALTERNATE TOWNHOME DESIGN/ NATURE'S RUN Resolution R158-01 to approve ...................,...................................."............,.................... 5 Motion to approve Zoning Contract..................................................................................... 5 Regular Andover City Council Meeting Minutes - October 16, 2001 Table of Contents Page ii TOM ENZMANN'S NATURE'S RUN DEVELOPMENT CONCERNS .............................. 5 Motion to not require archeological survey......................................................................... 6 ASSOCIATION EDOCUMENTS/NA TURE'S RUN/HUPP AND AVALON HOMES Motion to approve the association documents..................................................................... 6 FINAL LANDSCAPE PLAN/NATURE'S RUN/HUPP AND AVALON HOMES Motion to approve ................................................................................................................ 7 FINAL PLAT/NATURE'S RUN/HUPP AND AVALON HOMES Resolution R159-01 to approve the final plat...................................................................... 7 SPECIAL USE PERMIT (Ol-08)/HOME OCCUP A TION/2487 139TH A VEIHURKMAN ... 8 Resolution R160-01 to deny the Perrnit............................................................................... 9 REVISIT PRELIMINARY PLAT/ASSOCIATION DOCUMENTS/DEVONSHIRE ESTATES/CREEKSIDE HOMES ...................................................................................... 9 Resolution R161-01 to approve the changes in the previous Resolution ...........................10 ANDOVER ATHLETIC ASSOCIA TION/REQUEST FOR ORDINANCE CHANGE ........ 10 APPROVE QUOTES/OI -29/FIRE STATIONS I AND 2 FACILITY REPAIRS .................. 11 Motion to approve quotes ..................................................................:................................ 12 SCHEDULE COUNCIL MEETINGÆXECUTIVE SESSION Motion to schedule work session/executive session for November 8, 7 p.m. .................... 12 SCHEDULE COUNCIL WORKSHOP/PERSONNEL POLICY MATTERS (tabled to November 6 meeting....................................................................................................... 12 JOINT CITY COUNCIL MEETING AGENDA TOPICS ...................................................... 12 MAYOR/COUNCIL INPUT Special Use PerrnitIBill's Superette (tabled to November 6) ............................................. 12 Ultralite aircraft (note petition from residents opposing their takeoff and landing) ........... 12 Meeting on affordable housing ........................................................................................... 12 Policies of the Association of Metropolitan Municipalities ...............................................13 Update of Highway 10 corridor Task Force........................................................................ 13 Chamber of Commerce Meeting......................................................................................... 13 Park survey update .............................................................................................................. 13 School election on November 6..........................................................................................13 Woodland Development litigation...................................................................................... 13 Sports Facility Task Force .................................................................................................. 13 APPROVAL OF CLAIMS ...................................................................................................... 14 ADJOURNMENT.................................................................................................................... 14 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 16, 2001 MINUTES The Regular Bi-MonthIy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 16,2001, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilrnembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel Assistant City Engineer, Todd Haas City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others RESIDENT FORUM Mayor Gamache welcomed Boy Scout Troop 609. Mel Aanerud, leader, explained the program is designed to help young boys grow into good citizens. They have 39 boys and have limited the number because of the difficulty in providing good programs, plus they want it to be personal. They have an extremely successful troop. Over 30 percent of their boys have become Eagles by time they are age 18. The national average is 4 percent. About 70 percent of the boys are from Andover. Those here this evening are working on merit badges for citizens or communications. Councilmember Trude stated she talked to the group about the City's budget and expressed appreciation to the Staff for their assistance. She clarified a point on the amount the City spends for inspections for public safety. Council acknowledged the report ITom Staff regarding the code violation issue on Valley Drive that was raised during the Resident Forum at the last meeting. AGENDA APPROVAL Add Item ISa, Fire Prevention Month/Chief Winkel; Item 21a, Tom Enzmann's Nature's Run Development Concerns; Item 29a, Schedule Council Workshop/Personnel Policy Matters; and Item 31 b, Accept PetitionlUltralite Aircraft. Pull from the Consent Items for discussion Item 4, Approve Special Use Permit (01-01 )/Home Occupation/Beauty Salon/898 138th A venue/Borgen; and Item 5, Approve Ordinance Summary/Lawn Maintenance Ordinance No. 219. Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 16, 2001 Page 2 APPROVAL OF MINUTES October 2, 2001, Regular Meeting: Pages 6 and 7, bottom paragraph, change name to Patrick Fugina and all references to "she" be changed to "he". October 2, 2001, Special Closed Meeting: Correct as written. Motion by Trude, Seconded by Orttel, approval of the both sets of Minutes as amended. Motion carried on a 3-Yes, 2-Present (Jacobson, Knight) vote. CONSENT ITEMS Item 6. Accept Bids and Authorize Purchase/New Fire Truck (Pierce Manufacturing, Inc., $229,99S) Item 7. Approve Sale of Used City Equipment Item 8. Declare Costs, Order Assessment Roll, Schedule Public HearinglDelinquent Mowing Charges (See Resolution R149-01 declaring cost and directing preparation of assessment roll for certification of delinquent mowing charges; and Resolution RI SO- o I setting a hearing date for the assessment of delinquent mowing charges for November 20,2001) Item 9. Declare costs, Order Assessment Roll, Schedule Public HearinglDelinquent False Alarm Fines (See Resolution RISI-Ol declaring cost and directing preparation of assessment roll for certification of delinquent false alarm fines, and Resolution RlS2- o I setting a hearing date for the assessment of delinquent false alarm fines for November 20,2001) Item ro. Approve Advertisement of Used Equipment Item 11. Approve Anoka-Hennepin School District Agreement/School Liaison Funding (for City expenditure of approximately $78,800) Item 12. Waive Public Hearing/ Adopt Assessment Roll!O I -23/1 42nd Avenue NW IWaterrnain (See Resolution RIS3-01) Item 13. Accept Feasibility Report/Waive Public Hearing/01-27/Creekside Estates 2nd Addition (See Resolution RIS4-0l) Item 14. Reduce Escrow/Developer Improvements/Woodland Meadows 3rd Addition Item IS. Approve Quotes/Free Skate LightinglHawkridge Park (Aircon Electric, $3,767) Item 16. Approve AmendmentlDeclaring Costs/99-33/Woodland Estates 2nd Addition (See Resolution RISS-OI) Item 17. Assign Various Development Projects to PIR Funding (See Resolution RIS6-01) Motion by Orttel, Seconded by Trude, approve the Consent Items as read. Motion carried unanimously. Regular Andover City Council Meeting Minutes - October 16, 2001 Page 3 APPROVE SPECIAL USE PERMIT (01-01)/HOME OCCUPATIONIBEAUTY SALON/898 138TH A VENUElBORGEN Motion by Jacobson, Seconded by Orttel, approve the Resolution with the addition of/tern 8, Subject to inspections by the Building Official and Fire Marshal. (See Resolution R157 -0 I). Motion carried unanimously. APPROVE ORDINANCE SUMMARY/LA WN MAINTENANCE ORDINANCE NO. 119 Motion by Jacobson, Seconded by Orttel, approve the ordinance summary with the following change: bottom of the page, first paragraph in the section of Interpretation, change to read "Interpretation of the provision of this ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the governing body." (deleting the remainder of the sentence). Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave King, Anoka County Sheriff s Department, reported the calls for service for the month of September were 968, down from 1,185 the previous month and 10,172 year-to-date. 748 incident reports were written compared to 845 in August. He reviewed the breakdown of calls. They have received a snowmobile grant, so they are preparing for the season. FIRE PROTECTION MONTH/CHIEF WINKEL Fire Chief Dan Winkel noted October is Fire Prevention Month. He encouraged residents to check their smoke detectors and carbon monoxide detectors. He stated they have also seen an increase of fires caused by candles and cautioned people to use candles with care and to extinguish them when leaving. In addition, fires are often caused by the misuse of appliances. Chief Winkel pointed out with the high energy costs last year, many people went to alternate heating sources. He advised that chimneys be inspected and cleaned. If cracked, the chimney should be repaired by a qualified repair person. CONSIDER PARK AND RECREATION COMMISSION RECOMMENDATION - PARK VANDALISM REWARD PROGRAM Park and Recreation Commission Chairperson Valeria Holthus explained a "Fast Franklin" proposal for a reward system to stop vandalism in the parks. Each year the City spends considerable funds and many hours to repair items because of vandalism in the parks. The Park and Recreation Commission would like to start a reward program. "Fast Franklin" is named because Ben Franklin is on the $100 bill. The intent is to stop vandalism by offering a $100 reward for information leading to the -. -. - .. - Regular Andover City Council Meeting Minutes - October 16, 2001 Page 4 (Recommendation - Park Vandalism Reward Program, Continued) apprehension and conviction of those who vandalize equipment in the City's parks. To qualifY for the reward, the person must be at least 18 years old. If a minor sees vandalism, he/she must talk to an adult who in turn would report the crime to the Sheriff's Office. There would be only one reward per crime after the person is found guilty. They have no idea how much this will cost. Council discussion noted it may not be possible to find out about juvenile convictions. Another concern was using Park Dedication funds for the rewards. Attorney Hawkins stated park dedication fees are supposed to be used for park improvements in the subdivision. He felt it should probably not be used for this type of program. Councilmember Orttel didn't feel there would be that many rewards given and that the funds could be found somewhere, The Council generally agreed with the proposal, but after further discussion, they felt more consideration needs to be given to at what point should a reward be given. Attorney Hawkins stated he would check with the county attorney regarding information the City can obtain regarding juveniles. Mr. Erar suggested the Sheriff's Department also be included to evaluate the program. The Council agreed. Chairperson Holthus stated she had written an article on the reward program for next month's newsletter. The Council suggested that article be put on hold until the guidelines are in place. Motion by Orttel, Seconded by Jacobson, to table this item to the first meeting in November. Motion carried unanimously. PUBLIC HEARING: CONSIDER EXTENDING MORATORIUM ON MULTI-FAMILY HOUSING/ORDINANCE NO. 155 Mr. Carlberg asked the Council to consider extending the moratorium on multi-family housing regulated by Ordinance No. 255. That ordinance affects anything over two units per building or a density of four units per acre. A one-year moratorium was adopted on April 18, 2000. It was extended an additional six months on April 17 ,200 I. Staffis recommending an additional six-month moratorium to provide time to get the Comprehensive Plan approved and to adopt the official controls to support it. By law the Council can extend the moratorium for one more year, but it can also be repealed within that time frame if the Council feels comfortable that all items are in place. Council discussion was on the suggestion to extend the moratorium for a year, thinking it will take at least that long to get the necessary approvals and controls in place. Because it is expected that the housing component of Andover Station will come in with plans within that year, because that housing is an integral part of the development and because all studies have been done on that area, it was suggested the housing area of Andover Station be exempted from the moratorium. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. 7:40 p.m. There was no public testimony. - ~_ _-<0_ --- .,- Regular Andover City Council Meeting Minutes - October 16, 2001 Page 5 (Public Hearing: Extending Moratorium on Multi-Family Housing/Ordinance 255, Continued) Motion by Orttel, Seconded by Trude, to close the public hearing. Motion carried unanimously. 7:40 p.m. Motion by Jacobson, Seconded by Orttel, to approve the ordinance amendment for a one-year term with the exception to be inserted by Staff of the lot and block number for the housing component of Andover Station. Motion carried unanimously. APPROVE AMENDED SPECIAL USE PERMIT/PLANNED UNIT DEVELOPMENT/ ALTERNATE TOWNHOME DESIGNINATURE'S RUN Mr. Carlberg explained Avalon Homes is the new developer for Nature's Run. The Special Use Permit for the Planned Unit Development was originally approved with a specific townhouse style that was incorporated into the rezoning contract. The amendment to the Special Use Permit is to change the townhouse style as being designed by Avalon Homes. The styles still fit within the lot boxes. Colored renderings and materials have been provided. Grading is not an issue. Chuck Olson, Avalon Homes, explained the units have two double garage doors per double unit. Customers will be able to choose from three different floor plans plus different choices of colors of siding. The largest unit will fit on only a few of the lots. There will be lights on the sides of all garage doors. He showed samples of the materials for the soffits and siding, noting there will also be accents of either brick or stone. He thought all townhomes have been changed to front entrances. Mr. Carlberg noted the square footage has remained the same. Only the style has changed. They meet all design and development standards that were approved initially. There is no reference to this being subject to Metropolitan Council approval because that was part of the original plan and a condition of the other Resolutions. Motion by Orttel, Seconded by Jacobson, the Resolution amending Special Use Permit #00-17 as presented (See Resolution R158-01) Motion carried unanimously. Motion by Jacobson, Seconded by Orttel, approve the Zoning Contract shown as Attachment E with the contract date of2000 to be changed to 2001. Motion carried unanimously. TOM ENZMANN'S NATURE'S RUN DEVELOPMENT CONCERNS Mr. Carlberg explained Staff has responded to Mr. Enzmann's letter of his concerns relating to Native American burial grounds in the project vicinity of Nature's Run. They have spent a considerable amount of time and effort with the different agencies involved. They have found that the City is not required to do anything. The recorded archeological sites mentioned by the State Historical Preservation Office are not on this site but are along Coon Creek one to one and a half miles to the west and a half mile to the east. Two of the three items were bison bones, so there is not ~-. ,- . .. .. - 0-- Regular Andover City Council Meeting Minutes - October 16, 2001 Page 6 (Jon Enzmann's Nature's Run Development Concerns, Continued) a lot of significance to the record, plus it was not on this site specifically but in the vicinity. The Army Corps of Engineers no longer has any jurisdictional involvement in the issue because the water bodies in the project are under the jurisdiction of the Coon Creek Watershed. Staff has preconstruction meetings with the contractor before any work is done on the site. They will discuss the potential of any archeological items; and if something is discovered, they will have to go through the process prescribed by the State agency. Right now he didn't think there was enough evidence for the City to proceed with an archeological survey. Motion by Jacobson, Seconded by Trude, that the City Council take note of the memorandum of Dave Carlberg, the City Community Development Director, dated October 16, 2001, and its attachments; and that the City Council used that information plus information provided by Mr. Tom Enzmann, a resident of the City, to make its decision not to require an archeological survey ofthe plat known as Nature's Run. Motion carried unanimously. APPROVE ASSOCIATION DOCUMENTSINATURE'S RUN/BILL HUPP AND AVALON HOMES Mr. Carlberg explained the association documents for Nature's Run are similar to the ones previously approved by the Council. Councilmember Trude was concerned with Article 8 in the Articles of Incorporation that allows the association to disbanded. She felt that section should be pulled out. Attorney Hawkins suggested he talk with the attorney for Nature's Run to come up with some language that will allow them to dissolve but not avoid their obligations to the City. They would not be able to dissolve unless something is in place to continue the maintenance of the common areas. Mr. Carlberg also noted that on Page 15, Section 10, they do not have the right to dissolve without the written consent of the City. Possibly the City Attorney should review that language. Councilmember Trude questioned the wording on Page 3, Article 6, Class B. Some language appears to be missing, as it does not make sense. Motion by Trude, Seconded by Orttel, to approve Item 22, the Association Documents with the understanding that the City Attorney will meet with the attorney for Nature's Run to revise the Articles of Incorporation to prevent the dissolution of the association according to the City's concerns and interest and also to revise the section, especially to Class B members. The three documents include the Declaration, the Articles of Incorporation and the Bylaws. Also that the City Attorney review the legal description, particularly the outlot south of the creek to make sure that it encompasses the entire area south of the creek. Motion carried unanimously. -- . Regular Andover City Council Meeting Minutes - October 16, 2001 Page 7 APPROVE FINAL LANDSCAPE PLANINATURE'S RUN/BILL HUPP AND AVALON HOMES Mr. Carlberg explained the landscape plans were discussed during the preliminary plat stage. Additional landscaping was provided along Hanson Boulevard and on the north end of the plat due to the concerns raised by the Council at that time. Councilmember Jacobson asked if the plantings, particularly those along Hanson Boulevard, are going to be put in right away. He also suggested that Staff check with the NSP forestry department as to what can or carmot be planted in their easement. Chuck Olson, Avalon Homes, did not know when the screening was to be planted. He expected the project to be fully developed in about a year. Mr. Carlberg stated typically the plantings are done as the plat is finished. Staff can work with them to put in those along the boulevards right away. Councilmember Trude had a concern with the type of plants being proposed for the buffers, as she felt they were oflow quality. She wondered if they are different from what was approved with the preliminary plat. She would like to see some evergreens and asked that the City's forester review that. The overall appearance should look attractive from the boulevard. Councilmember Knight was also concerned that the shrubs will not get very big and therefore will not provide much screening. Mr. Haas stated the forester will look at it and determine what is appropriate. Motion by Orttel, Seconded by Knight, approval subject to the review of the City forester. Motion carried unanimously. APPROVE FINAL PLATINATURE'S RUN/BILL HUPP ANDAVALON HOMES Mr. Carlberg stated there are no changes on the final plat from the preliminary plat. Councilmember Jacobson noted the power line easement cuts across the end of Lot 17. He wanted to make sure the structure will not infringe on that easement. Bill Hupp, property owner, stated they are aware of the problem. Councilmember Jacobson did not believe the trails were shown on the final plat. Mr. Haas explained the trail was to be a dual purpose, for both park and for an emergency entrance/exit from the plat. The approval should be subject to a trail easement along Coon Creek, which is a separate document. Councilmember Jacobson questioned the 20-foot emergency exit. It is labeled park, but it is basically a road. Attorney Hawkins advised if the primary use is to connect with the park trail along Hanson Boulevard with an occasional use for emergency purposes, there is no problem labeling it as park. If it is an emergency exit, then it should be labeled as a street. If it is labeled street, the trail could still go through there for park purposes. The City could also sod the area and leave it in an unimproved condition. Motion by Orttel, Seconded by Jacobson, to approve the Final plat of the PUD of Nature's Run as presented with the separate document of an easement for the trails which should be attached to the. plat. (See Resolution R159-0l) Motion carried unanimously. - . Regular Andover City Council Meeting Minutes - October 16, 2001 Page 8 DENY SPECIAL USE PERMIT (OI-08)mOME OCCUPATIONI1487 139TH AVENUE NWI HURKMAN Mr. Carlberg reviewed the request of a Special Use Permit for a home occupation to operate a pltunbing business out of an existing detached accessory building at 3487 I 39th Avenue NW. The Planning and Zoning Commission has recommended denial of the Permit. Cheryl Mandy, current owner of 2487 139th A venue, provided the history of the property and addressed some of the concerns raised at the pubic hearing held by the Planning and Zoning Commission. They have a purchase agreement with Mr. and Mrs. Hurkman pending approval of this Permit for their business. They are the second owners. Originally the property went to CoRd 18 and was large enough for all of the accessory buildings. The buildings are now considered legal but nonconforming because of an ordinance change. The original owner did have a business but had financial problems, and she explained how the parcel got split up. They were not able to buy back enough to meet the ordinance requirements. The buildings are large and structurally sound. They have been approached many times to use them, but they only store their own equipment on those buildings. They have never used them for a business, though they have stored items there for the scouts and civil air patrol. They have never had complaints about the comings and goings associated with those structures. Many of their neighbors don't know who has come and gone back there, including by the Fire Station. One summer the fire trucks were stored there. Ms. Mandy knew there were concerns expressed at the public hearing of having a business there, yet the property is set up with two driveways. There are trees along the driveway blocking the view of the garage. The garage is also oriented toward the fire station and is fenced so it does not disturb anyone. The only people that would be disturbed would be those at the fire station. The traffic would be less than that ofthe fire station. Nobody in the neighborhood would see the traffic until it is on the A venue. The only other driveway is that of Qwest, which is across the street, though she noted there are several other businesses in the area. This is a large parcel with legal buildings, and those buildings should be able to be used. While the intent of the ordinance was to limit home occupations run out of accessory buildings to the rural area, it is not the fault of these buildings that the neighborhood grew up around them. It seems logical that they should still be able to use those buildings for something other than storage. This property was subdivided into an urban lot, but they had to buy property back and they cannot sell the parcels separately. She also felt a business would even be a better resident than she was because she did not always spray for dandelions or mow in the back. Ted Hurkman, applicant, stated he has a plumbing business with a total of six trucks. Four of the trucks would be kept in the building, and his personal one would be kept in his garage. His employees would start at 7 a.m., pick up their vehicles and go for the day. They would leave the work site about 3:30 and get back to the garage about 4:30 p.m. They work mainly on residential homes. He has one service truck that will occasionally come back and forth throughout the day. It would be his intent to move from his current place of operation in Ham Lake to this site. - ~_.... -- Regular Andover City Council Meeting Minutes - October 16, 2001 Page 9 (Deny Special Use Permit (01-08)/Home Occupation/2487 139'h Avenue/Hurkman, Continued) Councilmember Orttel didn't think traffic would be an issue. The area looks like a rural area. The buildings are preexisting, and it is difficult to find uses for them other than something like this. This seems like a perfect fit, but the problem is so many required items fall just outside the ordinance. Councilmember Trude couldn't ignore the letters of concern from the adjoining property owners. She wanted to protect the neighborhood. Ms. Mandy thought the neighbors assumed the top garage would be used. She had discussed this with one neighbor, who had mentioned to her there would be no problem. Apparently there was a change of opinion. The electrical business in there years ago was retail out of the top portion of the building. Councilmember Knight was concerned that approving this would set a precedent. Another dilemma is that the Permit would go with the property, so another owner could come in and change everything. Mr. Carlberg noted the conditions of the Permit would have to be met. If a change in the use or in the conditions takes place, it would be a violation of the Permit and subject to revocation. Mr. Hurkman stated there are no other parcels that fit these criteria. The size of the lot and amount of buildings is a unique situation. That is the reason for the Special Use Permit. It is a house on the comer that is open out to Crosstown Boulevard. There are no other driveways except for Qwest and the Fire Station. Mr. Carlberg stated none of the conditions for a home occupation are being met, including the number of employees, the size of the lot, the size of the building and the number of vehicles. The buildings can be used for personal items Motion by Jacobson, Seconded by Trude, the Resolution as presented by the Planning and Zoning Commission (See Resolution 160-01 denying the Special Use Permit request of Ted Hurkman for a home occupation plumbing business to be operated out of an accessory structure at 2487 139th Avenue) DISCUSSION: Mayor Gamache felt this seems like a perfect spot for something like what is being proposed, as it would not affect much of the residential area. But he was concerned with setting a precedent. Councilmember Orttel understood the buildings were first built for this type of use. Even though he didn't think this would affect the neighbors and he is very sympathetic toward the proposal, this is an R -4 district and he has to support the Staff recommendation. Motion carried unanimously. REVISIT PRELIMINARY PLAT/ASSOCIATION DOCUMENTSIDEVONSHIRE ESTATES/ CREEKSIDE HOMES Mr. Carlberg explained on September 4 the Council approved the preliminary plat of Devonshire Estates with a variance to the three-foot separation between the low floor and the seasonal high water mark to achieve basements. Another condition was added that L-shaped fences or walls be constructed around the at-grade patios. It has been determined that granting a one-foot separation variance would result in the ability to provide basements for the units. Therefore, decks will be constructed rather than at-grade patios, and the L-shaped fences are not practical. He asked the Council to amend the Resolution to eliminate the construction of patios and the L-shaped wall or Regular Andover City Council Meeting Minutes - October 16, 2001 Page 10 (Revisit Preliminary Plat/Association Documents/Devonshire Estates/Creekside Homes, Continued) privacy fences as well as approve an amendment to the association documents to allow the decks to encroach into the common area. Motion by Knight, Seconded by Jacobson, approve the Resolution; add to the third WHEREAS, ".. . references to the construction of patios and the requirement ofL-shaped walls or fences." Add to the second Item, "Such decks may encroach into the common area." Add Item 3, "A one-foot variance for basements is approved." (See Resolution R16l-0 1 amending Resolution No. R129-0 I approving the preliminary plat of the Planned Unit Development of Devonshire Estates by Creekside Homes) Motion carried unanimously. ANDOVER ATHLETIC ASSOCIATION/REQUEST FOR ORDINANCE CHANGE Kelly Gothier, 16451 Makah, representing the Andover Athletic Association, explained the organization is proposing to resume charitable gambling at Pov's. The organization has been in existence for 15 years and is made up of committed adults to provide youth sports activities in Andover. It is totally a volunteer program that provides softball, basketball, track and field and wrestling for the youth. Over the years they have contributed many hours and many dollars back to the community. They would like to continue to contribute funds from charitable gambling back to other community organizations. Their goals would be to contribute to new baseball fields in Andover, financially help the local schools to offset the state budget cuts plus other contributions that would be approved by the board members. They have a signed lease agreement with Pov's that meets all the requirements of the State of Minnesota but does not meet the more restrictive Andover ordinance. Andover's ordinance does not allow Pov's to charge extra for utilities. The sign lease agreement would have the Andover Athletic Association pay for one-fourth of the garbage and one- fourth of the cleaning costs. They are asking Andover to amend the ordinance allowing them to pay for the garbage and cleaning costs at Pov's. Their research has found that Andover is the only one that is so restrictive. Councilmember Trude stated when she talked with the Charitable Gambling Control Board, she was told the utility costs had to be based on the space used. This group would use 50 percent less space than the previous group. A woman from the Andover Athletic Association stated she spoke to that same person. She estimated their costs would be $250 for cleaning and $300 for waste removal per month, though she did not have the exact figures with her this evening. The waste removal is based on tonnage. Pulls tabs are heavy, plus they have to be picked up by hand. They will also be selling meat raffies while walking around the establishment. They have an agreement with Pov's that doesn't meet the City's ordinance. They are asking the City to change that ordinance on their behalf. She noted she would be the gambling manager and all accounting would be handled internally. She's been the treasurer for the Andover Athletic Association for approximately six years. In response to questions from the Council, she indicated this would be a two-year license. They would not have paddle wheels. They have not talked with the Sports Facility Complex Task Force. Regular Andover City Council Meeting Minutes - October 16, 2001 Page II (Andover Athletic Association/Requestfor Ordinance Change, Continued) Councilmember Jacobson understood this to mean the owner of Pov's thinks he is not making enough money under the ordinance. He also understood that if the owner does not get that amount being requested, he would be better off putting a pool table in that spot. Councilmember Jacobson stated he is personally opposed to gambling and has consistently voted against these items on general principle other than to change the ordinance to be more restrictive. In this case, the agreement does not meet the City's rules and therefore should not be approved. Councilmember Trude stated there has been no gambling for six months and there is no pool table there now, nor has anyone else been paying for the garbage. She was not inclined to change the ordinance, preferring that the non-profit group gets the maximum benefit rather than giving the money to the establishment. She was also uncomfortable with having the bar owner push this off on this organization that is here to represent the youth. Mayor Gamache opposed the change to the ordinance because he felt the amount of the lease would be an issue. He felt the change is unrealistic. The establishment is looking to receive rent and cover its costs, which is allowed by state law. Andover is the only city that has this requirement. There has also been some mention that if gambling is not approved at Pov's that they will go out of business. The Mayor stated based on his conversations with the owner of Po v's, he did not believe that to be true. The Council is not here to work with a particular group but to look at the agreement. The agreement does not meet the City's ordinance, but he would be open to changing the ordinance to coincide with the state requirements. Councilmember Orttel stated he too was opposed to the ordinance because of this issue and because it interferes with the ability to reach an agreement based on trade practices and economics. He is also concerned that the City has no say on what goes on other than what is specifically in the ordinance. Nor does the City have any say in which group would be licensed for charitable gambling. However, with the power that gambling money has in this town, he was reluctant to have the bar owner pull the strings. There was further discussion with the representatives of the Andover Athletic Association on the specific costs of the garbage and cleaning bills and on the concerns with how this has come about. Attorney Hawkins advised the City is allowed to be more restrictive than the state requirements. Because a majority ofthe Council was not in favor of changing the current ordinance, no motion was made and no amendments were made to the Charitable Gambling Ordinance. APPROVE QUOTES/01-19/FIRE STATIONS 1 AND 1 FACILITY REPAIRS Mr. Erar reviewed the quotes received for the roof and masonry repairs on both Fire Stations #1 and #2. Due to the unavailability of masonry contractors resulting from market conditions, the firm of Bonestroo, Anderlik and Rosene was unable to obtain two quotes from qualified companies. They, as well as the Staff, are recommending the City waive the two-quote requirement because of those market conditions. Additional work not previously identified by BRA was quoted at $9, I SO. BRA will be contributing $8,100 to the cost of the repairs, leaving $S2,000 to be funded by the City. The City Finance Director has indicated those funds are available. The warranty on the roof expires in - ~ -.... -- Regular Andover City Council Meeting Minutes - October 16,2001 Page 12 (Approve Quotes/01-29/Fire Stations 1 and 2 Facility Repairs, Continued) December, 2001, but they have not yet made contact with the company. It is important that the repairs be done before winter. The City Attorney is researching who would be legally responsible for this work. Motion by Orttel, Seconded by Knight, that the City Council authorize Staff to work with Bonestroo to commence with the repairs as outlined in the report on Fire Stations #1 and #2. (award quote for roof repair to Northwestern Waterproofing for $20,384.50 and award quote for masonry repairs to Building Restoration Corporation for $40,075). Motion carried unanimously. SCHEDULE COUNCIL MEETINGÆXECUTIVE SESSION Motion by Orttel, Seconded by Trude, to schedule both a work session and an executive session on Thursday, November 8,7 o'clock in Conference Room A at the City Hall (six-month performance review of City Administrator). Motion carried unanimously. SCHEDULE COUNCIL WORKSHOPIPERSONNEL POLICY MATTERS Council asked that this item be brought back to the November 6 meeting for action. JOINT CITY COUNCIL MEETING AGENDA TOPICS The council reviewed the proposed topics to be considered for the joint meeting with the Coon Rapids City Council on October 25, 2001. They felt the first three items proposed, the former Yahama site property development, the Highway 10- Hanson Boulevard interchange improvements, and the county aquatic facility should be discussed. MAYOR/COUNCIL INPUT Special Use Permit/Bill's Superette - Attorney Hawkins asked that the item be tabled to November 6. The Council agreed. Ultralite aircraft - Councilmember Trude noted the petition from about 45 families requesting that ultralite aircraft be prohibited from takeoff and landing within the City of Andover. Mr. Erar stated that petition is being forwarded to the Planning and Zoning Commission. A public hearing is scheduled for October 23,2001. Meeting on affordable housing - Mayor Gamache announced an invitation regarding housing education opportunities for Anoka County on Tuesday, October 30, at the Shorewood restaurant in Fridley for city councils and mayors. The purpose is to discuss affordable housing in the Anoka County area. Regular Andover City Council Meeting Minutes - October 16, 2001 Page 13 (Mayor/Council Input, Continued) Policies of the Association of Metropolitan Municipalities - Mayor Gamache announced a meeting of the Association of Metropolitan Municipalities on Thursday, November I, to determine priorities during the 2002 legislative session. Update of Highway 10 Corridor Task Force - Mayor Gamache stated the task force reviewed the design of the interchange being planned on Hanson Boulevard and Highway 10. He understood Coon Rapids is looking for help for financing it. Chamber of Commerce meeting - Mayor Gamache stated he attended the Chamber of Commerce meeting in Brooklyn Park. It is hoped that those meetings will be moved to the Courtyards of Andover in the future. Park survey update - Mr. Erar reported Decision Resources has completed their field work and is done with the 400 random samplings. They will be getting a draft report to the Council by the end of the month and will be attending the November 6 regular Council meeting to make an executive summary to the Council. He did not know whether the surveys were taken before or after the September tragedies in this country, but he was told they received good responses, though they had a hard time demographically getting to the senior element of the community. School election on November 6 - Councilmember Jacobson stated he has seen very little on the fact that there is an election on November 6. Mr. Erar stated Staff can make that announcement on cable TV. There will be only one polling place at the Andover Elementary School. Woodland Development litigation - Mr. Erar stated the legal representatives on the Woodland Development litigation case would like to meet with the City Council in executive session at 6 o'clock on November 20. The Council agreed. Sports Facility Task Force - Councilmember Knight asked if the Council is interested in meeting with the Sports Facility Task Force. Mr. Erar suggested that occur in November once the survey has come back. He has not heard back from Commissioner McCauley regarding questions he raised on this issue. The Council suggested Mr. Erar contact the county administrator on this issue and get copies of the Minutes of the group that opposed the sports facility on county property. The consensus was more needs to be done with the county on this issue to move it along, even if it means talking to the county board. - ~ - -.., - . Regular Andover City Council Meeting Minutes - October 16. 2001 Page 14 APPROVAL OF CLAIMS Mvtion by Jacobson, Seconded by Knight, approval of the Claims as presented. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:58 p.m. Respectfully submitted, . ~~~ - Recording Secretary .--....- . -..-