HomeMy WebLinkAboutCC November 8, 2006
o
o
o
C:A'YlJ~ CWV
llJL.l t-te:-n j I ~ 2.. 1- 0<,0
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
Regular City Council Meeting - Wednesday, November 8, 2006
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (10/17/06 Regular, 10/24/06 Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Change Order#llWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) &
Adjacent Parcels - Engineering
4. Order Feasibility Report/07-2/2007 Overlays (Indian Meadows 3rd Addition, Kelsey Estates & Woodland
Ridge - Engineering
5. Order Feasibility Report/06-37/161 st Avenue NW & Crane Street NWlIntersection Improvements-
Engineering
6. Consider Market Value Appraisal/I 3533 Jay Street NW - Engineering
7. Accept Petition/Order Feasibility Report/06-45/14430 Crosstown Boulevard NW/SS & WM - Engineering
8. Approve Partnership Contract/State ofMN/Transportation Related Services - Administration
9. Approve Purchase of Tax Forfeit Parcel- Administration
10. Approve 2006 Tobacco License/Andover Quick Stop - Clerk
Discussion Items
11. Canvass Results/General Election - Clerk
12. Hold Public Hearing/2006 Delinquent Service Charges - Finance
13. Approve Bond Sale/Community Center Refinancing - Finance
14. Consider Conditional Use PermitIFarm Winery/3482 - 165th Lane NW -Planning
15, Consider VarianceIPool Fence Requirements/16659 Eldorado Street NW - Planning
16. Consider VariancelDriveway Setback/13421 Round Lake Boulevard NW -- Planning
Staff Items
17. Schedule EDA Meeting - Administration
18. Schedule November Workshop - Administration
19. Administrator's Report - Administration
Mayor/Council Input
Adjournment
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 14
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 8, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM .................................................................................................................. 1
AGENDA APPROV AL.............................................................................................................2
APPROVAL OF J\1lNUTES...................................................................................................... 2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Resolution RI26-06 approving Change Order #1/Woodland Crossings (05-32), Shaw's
Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels............................................. 2
Resolution R127-06 ordering Feasibility Report/07-2/2007 Overlays (Indian Meadows
3rd Addition, Kelsey Estates & Woodland Ridge) .......................................................... 2
Resolution R128-06 ordering Feasibility Report/06- 37/161 st Avenue NW & Crane Street
NW !Intersection Improvements .............. ..... .......... ................................ ............ ....... ...... 2
Consider Market Value Appraisal/13533 Jay Street NW ....................................................2
Resolution R129-06 accepting Petition/Order Feasibility Report/06-45/14430 Crosstown
Boulevard NW/SS & WM .............................................................................................. 2
Resolution R130-06 approving Partnership Contract/State ofMN/Transportation Related
Services .................................... ... ... ........ .............. ................ ...... .............. ....................... 2
Approve Purchase of Tax Forfeit Parcel.............................................................................. 3
Approve 2006 Tobacco License/Andover Quick Stop ........................................................ 3
Resolution R131-06 accepting Completion Report/Order Public Hearing to Assess Costs/
Project 05-64 House Abatement ..................................................................................... 3
CANVASS RESULTS/GENERAL ELECTION
Motion to adopt (RES. RI32-06).......................................................................................... 3
HOLD PUBLIC HEARING/2006 DELINQUENT SERVICE CHARGES
Motion to Open Public Hearing............................................................................................ 4
Motion to Close Public Hearing ........................................................................................... 4
Motion to Approve (RES. RI33-06)..................................................................................... 4
APPROVE BOND SALE/COMMUNITY CENTER REFINANCE .............,..........................4
CONSIDER CONDmONAL USE PERMIT/FARM WINERY/3482 -165TH LANE NW
Motion to Table......................... ............................... .... .......... ...................... ....... ... .... ........... 5
CONSIDER V ARIANCE/POOL FENCE REQUIREMENTS/16659 ELDORADO ST NW
Motion to Deny Variance (RES. RI34-06)........................................................................... 7
CONSIDER V ARIANCE/DRIVEW A Y SETBACK/13421 ROUND LAKE BLVD NW
Motion to Table..... ................ ...................................... ............... .................. ........ ...... ........... 9
SCHEDULE EDA MEETING ................................................................................................... 13
SCHEDULE NOVEMBER WORKSHOP ................................................................................ 13
ADlv1lNISTRATOR REPORT .................................................................................................. 13
MAYOR/COUNCIL INPUT
Election Thank Y ou's ........................................................................................................... 13
Election Congratulations & Thank Y ou's............................................................................. 13
Lot Split on Crooked Lake Boulevard .................................................................................. 13
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 15
Regular Andover City Council Meeting Minutes - November 8, 2006
Table of Contents
Page ii
Election Congratulations.... .... ...................................... .............................. ................. ... ....... 14
ADJOURNMENT................................................................................................................. 14
o
o
o
REGULAR ANDOVER CITY COUNCIL MEETING -NOVEMBER 8, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, November 8, 2006, 7:01p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilnlembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Mr. Carroll Abbott - 2917 142nd Lane NW, stated he had three words to say. He did not believe it.
Ms. Rosella Sonstebv - 4151 141 sl Avenue, stated she was at the meeting to talk about the open
space pamphlet she received in the mail. She wondered what it meant in the packet when it stated,
"State Law exempts agricultural land and farm property from taxes used to repay all referendum
debt." Mr. Dickinson stated any land that is classified as agricultural would not be included as
property value and would not be applied to the tax. The only portion of a farm would be the
homestead, the house, a computation on the value of the home and that is what the tax would be
applied to.
Ms. Sonsteby stated she could not believe anybody would ever sign anything like this. They are
getting so much money from every angle to take away their property rights. She showed the Council
some photos of her property that was destroyed. Mayor Gamache stated it was a Council decision to
move forward to see if residents would be interested in something like this and the residents wanted
this and it passed. Ms. Sonsteby complained about the open space referendum that has passed.
AGENDA APPROVAL
Add Item lOa, (Accept Completion Report/Order Public Hearing to Assess Costs/Project 05-64
House Abatement).
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 2
Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
October 17, 2006, Regular Meeting: Correct as written.
October 24,2006, Workshop Meeting: Correct as written.
Councilmember Trude stated on page 11 of the regular minutes they made a motion about the vet
clinic and they talked about the animals being kenneled against the walls and they changed it so the
motion involved canine animals and the way it is typed it says "kenneled". They need to strike that
word and replace it with "Canine" in the motion.
Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
Councilmember Jacobson stated on page three of the Workshop minutes, there is a misuse ofa word.
It reads "asked if there could have some trails in the City there that were not blacktopped."
Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Orttel).
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 Approve Change Order #l/Woodland Crossings (05-32), Shaw's Glen (05-24),
Cardinal Ridge (05-20) & Adjacent Parcels (See Resolution Rl26-06)
Item 4 Order Feasibility Report/07 -2/2007 Overlays (Indian Meadows 3rd Addition, Kelsey
Estates & Woodland Ridge) (See Resolution R127-06)
Item 5 Order Feasibility Report/06-37/16l st Avenue NW & Crane Street NWlIntersection
Improvements (See Resolution R128-06)
Item 6 Consider Market Value Appraisal/13533 Jay Street NW
Item 7 Accept Petition/Order Feasibility Report/06-4 5/144 30 Crosstown Boulevard NW /SS
& WM (See Resolution R129-06)
Item 8 Approve Partnership Contract/State of MN/Transportation Related Services (See
Resolution R130-06)
Item 9 Approve Purchase of Tax: Forfeit Parcel
Item 10 Approve 2006 Tobacco License/Andover Quick Stop
Item lOa Accept Completion Report/Order Public Hearing to Assess Costs/Project 05-64
House Abatement (See Resolution R13l-06)
Councilmember Jacobson stated on item 5, in the cover letter from staffit says "budget impact - The
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 3
project costs will be assessed to the property to the east west of the new development". It is not in
the motion, just the cover letter.
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
CANVASS RESULTS/GENERAL ELECTION
The City Council is required to canvass the results of the General Election that was held Tuesday,
November 7, 2006.
Motion by Jacobson, Seconded by Knight, to adopt the resolution canvassing the returns of the
municipal election held November 7, 2006 for the City of Andover, Anoka County, Minnesota as
presented and to include the canvassing results.
City Clerk V olk stated there were actually two resolutions that need to be approved. Mr. Dickinson
stated the first resolution is for canvassing the election results for the open space question.
Mr. Dickinson stated the votes were 6,794 yes, 5,518 no, blank ballots were 390 for a total of12,612
ballots.
Councilmember Trude indicated this is regarding the open space referendum that was commented on
during resident forum.
Mayor Gamache noted the second motion is for the election of City offices. Mr. Dickinson stated the
results are posted on the website. He reviewed the numbers of votes cast for each candidate.
Motion carried unanimously. (RES. R132-06)
Mayor Gamache thanked City Clerk V olk for all her hard work during the elections.
Councilmember Trude thought the Election Day voting went very smoothly and she thanked all the
people who helped out.
City Clerk V olk indicated the polling places were continuously busy all day long and the voter turn-
out was approximately seventy-six percent.
HOLD PUBLIC HEARING/2006 DELINQUENT SERVICE CHARGES
City Administrator Dickinson explained City Code Chapter 3, 10-3-3 D; City Code Chapter 1, 10-1-
9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid sewer,
water, storm sewer, street lighting service charges and mowing fees. The assessment procedures
directed by state statute 429 are being followed by holding a public hearing to act upon the proposed
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 4
assessment.
The total delinquent service charges were $24,916.28 as of September 28, 2006 when written
notification to the property owners and preparation of the preliminary assessment worksheets began.
Payments received prior to October 30111 have been applied to the delinquent accounts, reducing the
delinquent balance to $22,486.63. Delinquent balances as of November 1, 2006 are charged an
administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for
collection with the 2007 taxes. Therefore, the total assessment for delinquent sewer, water, storm
sewer, street lighting services and mowing fees is $27,658.59.
Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:18 p.m. Motion carried
unanimously.
No one wished to address the Council.
Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:19 p.m. Motion carried
nmmimously.
Councilmember Trude stated she noticed some of these properties will be part of a development and
she wondered if the developer will be picking this up or do they want them to go on the tax rolls.
Mr. Dickinson stated they would go to the owner of the property.
Motion by Knight, Seconded by Orttel, to approve the attached resolution adopting the assessment
roll. Motion carried unanimously. (RES. R133-06)
APPROVE BOND SALE/COMMUNITY CENTER REFINANCE
City Administrator Dickinson stated activity in the current bond market has indicated there may be
an opportunity for the Andover EDA to potentially save some significant long-term debt service
expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004.
Mr. Dickinson stated he did not have any bond sale to go over at this time.
CONSIDER CONDITIONAL USE PERMIT/FARM WINERYI3482 -165TH LANE NW
Community Development Director Neumeister stated Mr. Mark Hedin has applied to amend his
existing Conditional Use Permit to allow a farm winery on his property.
Councilmember Jacobson asked Mr. Hedin ifhe would have a problem with the Council putting a
cap on production if approved because someone else may come in to get a permit and want to
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 5
produce more than what Mr. Hedin planned to produce.
Mr. Hedin, 3482 165th LaneNW, stated State law is 50,000 gallons and Federal law does not apply.
He stated he would not like a cap on production put on the CUP because there already is a State
Limit and he did not see a reason for it. He is limited by the amount of space he has on his property,
which is one garage stall of a three-stall garage.
Councilmember Orttel stated the concern is Mr. Hedin could possibly turn the entire house into a
winery if he wanted to because this is so open ended. Mr. Hedin stated he did not plan to add on to
his buildings for this. He wondered what they would be solving by putting a limit on his conditional
use permit. Anyone who came before the Council for something like this would have to go through
the process he has gone through.
o
Councilmember Jacobson thought they should put a reasonable limit on this that Mr. Hedin could
agree to because this is very open ended for a residential area He is not against this but he would like
to see this be a reasonable use for the residential neighborhood. Mr. Hedin stated he did not know
how much he could produce in a year because he is not doing that right now but he would prefer to
follow State guidelines. He stated he did not know who in the city would be coming out to regulate
him and he did not know how they would regulate him.
Councilmember Trude thought with a CUP, there is an opportunity to review this once a year. City
Attorney Hawkins stated they could review this each year if they want to.
Councilmember Trude indicated if they cannot decide on a gallon restriction maybe they could add a
condition that he has already indicated such as "no wine making area shall exceed the area of one
stall of a three stall garage", which would be four hundred square feet on average. Mr. Hedin stated
this would not be acceptable to him. When he applies for the State and Federal permits he needs to
be able to move wine around and bottle it and there might be other issues where it would come
outside of the stall of that garage which would be very restrictive and he saw no problem that would
be solved by having that restriction.
Mayor Gamache asked if two hundred gallons a year is an easy target to reach or did it take quite a
bit of work to get there. Mr. Hedin indicated it took quite a bit of work.
o
Councilmember Trude stated what they are concerned about is when it is for personal use and gifts a
person does not need to come before the Council because it does not impact the neighborhood. She
appreciated that Mr. Hedin gave them the information from the neighbors so it helped them
understand they do not have objections but because this is getting commercial with selling they have
to look at the impacts it will have on the neighborhood that they may not have thought of. She
thought a CUP allows the City to put restrictions on a business in a neighborhood. City Attorney
Hawkins stated they have standards in the Ordinance. There is the impact on adjacent property
values, traffic concerns, and others which are things the Council can consider when granting a CUP
and if they feel that conditions are in order to make sure the standards are maintained then they
would have the right to do that. They need to make sure those conditions relate to those factors that
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 6
they are considering when looking at CUP's.
Mayor Gamache wondered how they would keep track of how much Mr. Hedin is actually making.
Councilmember Trude stated Mr. Hedin could bring in thousands of gallons of juice to turn into
wine and that is when you have to worry about traffic. Councilmember Orttel stated he is worried
about the fact that Mr. Hedin does not want any limits on this because it involves the future.
Mr. Hedin felt there are limits. He cannot expand without coming to the Council first. He does not
have any intention of having retail sales like the Council thought he would.
Councilmember Orttel stated his concern is if Mr. Hedin were to move, someone else could come in
that is in that business and without some type of control in place, they could expand.
It was noted the permit goes with the property and not the individual.
Councilmember Orttel wondered if they could put a condition on this indicating it would be
reviewed if there were neighborhood complaints.
o Mr. Hedin wondered ifhe-could surrender the use if he were to move, if that could be a condition.
Mr. Neumeister stated they could add some kind of language indicating "this use must be
customarily incidental to the use of the home as a single family residence". If it starts to look
commercial the Council could then review it on annual basis if that then constitutes a nuisance.
Councilmember Orttel indicated they could review this if it became a nuisance. Mr. Hedin thought
that would be fIne.
o
The City Attorney thought if they had some criteria, at least if they used the word nuisance or
something of that nature, they would need to come up with something definitive in terms of traffic
and things of that nature.
Mayor Gamache thought that would cover the issue. He did not know where they would set a limit
on this type of CUP. Councilmember Knight thought they should use what Mr. Neumeister said.
Councilmember Orttel thought they should table this to have the City Attorney draft some verbiage
for this.
Councilmember Trude wondered if they will have retail operations or would it be phone sales. Mr.
Hedin indicated this would be word of mouth and phone sales. He did not intend to have any signs
and he intended this to remain residential.
Motion by Knight, Seconded by Trude, to table this item to send back to staff for review at the next
meeting. Motion carried unanimously.
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 7
CONSIDER VARlANCE/POOL FENCE REQUIREMENTS/16659 ELDORADO STREET NW
Community Development Director Neumeister explained the applicant is requesting a variance to
City Code section 9-4-S-A. The provision in the City Code that requires fencing around pools is
intended to protect children and others from gaining access to a swimming pool, either intentionally
or unintentionally. It also serves to protect the owner of the pool from possible legal repercussions in
the case of an accident.
Councilmember Orttel asked if a fence around a pool is a building code ordinance. Mr. Neumeister
thought it is. Councilmember Orttel did not think they could vary from that so he wondered why
they were even reviewing this.
Councilmember Trude wondered if this wouldn't take an ordinance change and if their ordinances
for building code need to follow State Law they would be not be permissible.
City Attorney Hawkins stated in the staff report it talks about "State Statute provides review criteria
to determine the merit of a variance." He wondered if there is some provision in State Law that
authorized them to vary from this. Mr. Neumeister stated they have indicated this is a variance to the
City Code Section 9-4- Sa so they must have their own pool fence requirements but he believed there
is also a State Statute on it.
Councilmember Trude stated the reason they have the fence ordinance is to protect the children in
the neighborhood from the danger. 1bis is a health, safety type of ordinance that the City has.
Councilmember Jacobson stated when the building permit was pulled there was a provision in the
permit that said they had to have a fence. It has been a year and the fence is still not up and that was
a requirement of the building permit. Whether the pool company pulled the permit rather than the
owner, the pool company should have let the owner know a fence was a requirement. Even the
building inspector would have told the owner that it was a requirement.
Mr. Mus stated the pool covers are very safe. Councilmember Orttel wondered if they were so safe,
why the State would not have approved the covers instead of a fence, which they have not done. Mr.
Mus stated there are several cities in Minnesota that have approved the covers without a fence.
Councilmember Jacobson indicated he has had three pools and before he got his fence up, a
neighbor's dog jumped in his pool and drowned. He did not think Mr. Mus would want something
like that to happen.
Mr. Mus stated another reason for a cover like this is there are a lot of trees and this cuts down on
cleaning and maintenance because the cover locks all the debris out. He stated even with a fence, if
he would have people over, a small child could fall in a pool and drown in two or three minutes. If
they go in the house, it takes forty seconds for the cover to go over the pool. He stated this is the
safest pool cover you could ever have. With the other pools they have had with a fence, they have
come home late at night to neighbor kids swimming in their pool.
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 8
Councilmember Trude stated even though Mr. Mus may be good about putting the pool cover on
when they are not around, others may not be good about it and if they allow this one, they have to
allow others. She thought they need to stay with the fence ordinance because other cities have that
ordinance also and they feel they are protecting the children and animals in the community.
Mayor Gamache asked if they have taken a look at the wall as to how tall it is and if this could be
included as part of the fence. He thought the fence needed to be four feet tall. Councilmember
Trude stated the wall is only on one side of the pool.
Mayor Gamache asked if the wall would take care of part of the fence that would be needed to go
around the perimeter of the pool. Councilmember Jacobson stated the ordinance requires a four-foot
fence.
Councilmember Orttel explained the type offence Mr. Mus would probably need around his pool.
Councilmember Knight stated this is the fIrst time he has seen a cover like this but at the time he was
at Mr. Mus' house he indicated the liability factor he would have would not go away and that is
always a concern the City has. Mr. Mus stated that is his responsibility and not the city's.
Councilmember Knight asked City Attorney Hawkins if the City would have any liability on
something like this or would it all be the liability of the homeowner. City Attorney Hawkins stated
they just enforce the building code and adopt regulations, which do not impose liability on the City if
they miss something; it is just the matter of protecting the public.
Motion by Jacobson, Seconded by Trude, to deny the proposed variance.
Mayor Gamache asked what the difference is between the State Statute and the City Ordinance. If
they were to change their ordinance to include the covers, does the State have a statute regarding
pools? City Attorney Hawkins stated this is something they will need to check with the building
official on and they would get the Council a report regarding this.
Councilmember Orttel stated as long as they are contacting the State, check to see if they have
considered allowing these covers in lieu of a fence. Councilmember Trude thought their building
department has said a cover does not work if a person does not close it the moment they get out of
the pool.
Councilmember Orttel thought the stone block would count as part of the fence. Mayor Gamache
stated in the drawing for the permit it looks like Atlantis Pool had hash marks for a fence going from
the back comer of the garage going south toward the neighbor and then back and around. He
wondered if the building department could look at how much of the wall could be considered a
fence.
Councilmember Knight stated they have an ordinance that cannot be changed. Mayor Gamache
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 9
thought because winter is coming upon them, they would not need the fence to be put up until the
pool is opened again in the spring.
Mr. Neumeister stated the handout they have at the front counter regarding pools does not reference
State Statute. There is one section that quotes Ordinance 228 of City Code but he believed that was
an old section of the code. lbis references the fencing requirements but without the statute book he
cannot verify that. He wondered if the Council would want to table this item to the next meeting.
They could look to see if there is a State Statute. Councilmember Orttel thought they would want a
fence either way.
City Attorney Hawkins was not sure if the State Building Code deals with fences. It deals with
buildings and may deal with the construction of a pool but he did not know if there was anything in
there regarding fences and that may be why cities have gone beyond and adopted ordinances that
don't have to do with the construction but have to do with the safety requirements.
Motion carried unanimously. (RES. R134-06)
CONSIDER VARIANCEIDRIVEWAY SETBACK/13421 ROUND LAKE BOULEVARD NW
Community Development Director Neumeister stated the applicant is the Anoka County Community
Action Program (ACCAP). They seek a variance to allow a driveway access across another property
to provide access to the subject property. The driveway would provide access to a new house.
Mr. Neumeister stated there are four questions that were raised in the past week he wanted included
in the record.
1. Why doesn't the report have a condition that combines the lot. The answer is as stated in the
report. The applicant would combine the lots and there is no need to condition it to happen.
The building department would not allow a building permit unless they provide proof they
have combined the two lots. If the Council wants to add that as a condition that is acceptable
but is not necessarily needed.
2. Should there be a requirement of screening around Round Lake Boulevard. There is a fence
along Round Lake Boulevard that provides some level of screening. The requirement to
provide screening should be directly related to the variance request and since that would be
on the opposite comer of the lot, he did not see a need to screen Round Lake Boulevard
anymore than it currently is as it does not have an impact on the home that is going to bear
the burden of having the driveway across the lot.
3. The proposed house does not face Round Lake Boulevard. Does that require a variance to
City Code. No, in checking the City Code there is nothing in the current code that requires
the house to face the street. The lot fronts on a public street; however the County is
prohibiting the access there.
4. Can variances be conditioned. According to the City Attorney, there is a State Statute
section that allows variances to be conditioned but it must be conditions in the granting of the
o Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 10
variance to ensure compliance and protect adjacent properties.
Councilmember Jacobson stated his understanding is the reason this is here is because the variance is
for the curb cut. Mr. Neumeister did not think that was correct. He stated the driveway needs to
maintain a five foot setback from the property line and because they are asking for a cross access
agreement across an adjacent property, that is an unusual way to access a given lot. He believed the
variance was to provide an access across property to another property and it is referencing City Code
Section 12-13-9 to create an easement across another property to do that so that is the variance.
Councilmember Jacobson asked if the properties are owned by the same person. Mr. Neumeister
stated they are. Councilmember Trude thought this becomes an easement of necessity but they can
give themselves permission to do this. City Attorney Hawkins stated if they cannot access Round
Lake Boulevard than Councilmember Trude is correct. They need to have some access to the
property .
o
Councilmember Trude stated they own both properties so they would be denying them full use of
property that they own if they did not let them have the driveway. City Attorney Hawkins stated the
standards say they have to be able to have some reasonable use of the property.
Councilmember Jacobson asked if the driveway were moved three to five feet west would the
applicant be asking for an easement. Mr. Neumeister thought they would because they are required
to provide an access across property that is not the property they are asking for a building permit on
so they are asking for a variance for access across someone else's property.
Mr. Pat McFarland, Executive Director for ACCAP, stated they are trying to develop those two
parcels on Round Lake Boulevard so they can sell it to a first time homeowner. He thought the issue
the neighbors had was they use inmate crews to build these houses. They have an arrangement with
Anoka County Corrections and the crews are minimum security criminals. He explained the type of
criminals they use.
Councilmember Trude thought another issue may be the home would be a little under value
compared to surrounding properties.
o
Ms. lone Lienke, 3532 135th Avenue NW, stated one of her issues is headlights will be shining in
her bedroom from the driveway. She stated the biggest issue she has is the type of people they will
be bringing in to build the house. She thought what a better way to case a neighborhood. Another
issue is why ACCAP has to build more housing when they currently do not use the housing that is
available to them. There are seven townhomes in the area that have not sold and they are putting up
rent signs. There are also homes in the area that have been boarded up. She stated there will be no
place for kids to play. Many people wondered why they do not take down the twin homes and build
a single-family home on the property to help it blend into the neighborhood.
Ms. Lienke wondered if this will be a three car or two-car garage home. Councilmember Trude was
not sure what type of home will be going there. Ms. Lienke did not think this type of home would fit
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 11
into the neighborhood. She stated the front of this house will face their backyards. She felt this was
a backwards home.
Ms. Lienke asked what the value of the house will be when built. Mr. McFarland stated another
house with a smaller lot is valued at $250,000.
Ms. Lienke asked if they sell the twin homes, what happens to the driveway then. Mayor Gamache
stated that is what they are trying to work out with a variance so if they end up selling to someone
else the easement would remain there. Ms. Lienke stated the front windows of the house will face
into their homes. Mayor Gamache stated it will face into the vacant lot. He stated there will not be
any side windows and the house will be positioned further back and they may put a fence on the
north side as welL
The Council discussed how the house was going to be positioned on the lot.
o
Ms. Tracie Chipman, 3434 134th Avenue, reviewed some information from the website regarding the
quality oflife in Andover and the community survey that was done in 2006. She thought there were
problems with this particular building that would contradict what Mayor Gamache stated in his
election piece. It concerns her that ACCAP is going to use crinllnals to build the home and possibly
endanger the residents and allow possible theft. She is worried about her family's welfare.
Mr. McFarland stated he agreed with Ms. Chipman regarding Andover. They have an inmate labor
type of program. He was talking about Anoka County Corrections. He stated they have not had any
crimes committed by their crews. They are well supervised. There will never be more than four
people.
Mr. McFarland thought it would be a good idea to have a community meeting to have someone from
the corrections department come and discuss this with the neighbors. Councilmember Orttel thought
a community meeting would be great and before they go much further they should have a meeting.
Ms. Chipman stated the problem they have run into when they hire the inmates is they are paying
them very depressed wages so they do not care what happens. They are still looking and casing the
neighborhood. Councilmember Orttel stated these are not the type of people that are locked up; they
can leave the facility if they want to. These people do not have jobs and the County gives them
something to do. He thought they need to have a meeting to have someone explain what type of
people these are.
The applicant waived the sixty-day rule to allow a neighborhood meeting to occur.
o
Motion by Jacobson, Seconded by Knight, to table this item to allow the applicant to have a public
meeting with the neighborhood until the second meeting of November 2006.
Councilmember Knight indicated he has some issues with the home being built on the property. One
concern is they are going to have the back of the house facing Round Lake Boulevard and he
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 12
wondered what it would look like. He was also concerned about what it does to the one twin home.
Councilmember Jacobson stated these are two lots of record and the ability to access those lots was
taken away by a governmental agency so that is one reason for granting a variance on a legal basis.
Mr. Neumeister stated he would want some time to talk to the City Attorney regarding the exact
taking that was done when the County took the access. Did that not make the property unusable and
shouldn't they be responsible for the taking issue if there is one if the variance is not granted. He
thought at one point the County probably paid some damages and may have rendered the property
useless and that being the case, would that be cause for saying the lot is unbuildable and it should be
combined with the adjacent parcel that is currently owned by the agency. City Attorney Hawkins
indicated he would want to see if there was compensation and if the County actually acquired the
right of access and they paid for it on that property.
o
Mr. Gene Brown stated he owns the property adjacent to this. He noted he did not receive any
mailing regarding this. The easement indicates twelve feet but it is from his property line.
Councilmember Orttel stated it should be five feet and then twelve feet because that is their
ordinance. Mr. Neumeister stated the drawing was submitted by the ACCAP agency and when they
looked at that, they told them it should be put over five feet so they did not change the drawing but it
should be over five feet.
Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Trude, Seconded by Knight, to schedule an EDA meeting for November 21,2006 at 6:00
p.m. Motion carried unanimously.
SCHEDULE NOVEMBER WORKSHOP
Motion by Jacobson, Seconded by Knight, to schedule a Special Council Workshop for
November 28, 2006 at 6:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on Administrative and City Department
o activities, Open Space Referendum, meeting reminders and miscellaneous projects.
City Engineer Berkowitz updated the Council on the Hanson Boulevard construction. The
Council thought staff needs to get information out to the residents as soon as possible any
information on detours. The Council also wondered if the County would open up Bunker Hills
o
o
o
Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 13
Park to residents to alleviate traffic congestion.
Community Development Director Neumeister updated the Council on development activity in
the City.
.MAYOR/COUNCIL INPUT
(Election Thank you 's) - Councilmember Jacobson thanked the residents who voted for him and he
appreciated the trust and he would do his best to do what he said he would do.
(Election Congratulations and Thankyou 's) - Councilmember Trude congratulated Councilmember
Jacobson and Mayor Gamache on their reelections. She appreciates people taking the time to read
about the local offices. She stated they had very good voter turn out.
(Lot Split on Crooked Lake Boulevard) - Councilmember Trude stated there was a lot split that was
tabled to the next meeting and she had some contact from people in the neighborhood on that issue
indicating they did not want the lot split into two. There have been others that do not agree with that.
She stated there is not a neighborhood consensus and the feeling she has is there really is not
grounds for a variance so she wondered if they wanted to look at an ordinance or not. She thought
the variance did not have any hardships so the ordinance would be the route to go. Mr. Neumeister
thought that would be the way they should go.
Councilmember Orttel stated he watched that and he wondered if they had a redevelopment or an
infill that already had an impact on the neighborhood. It is almost like cleaning up a blighted area.
He thought it made sense. He wondered if it was the ordinance provision that was wrong.
Councilmember Trude did not think. this fit a variance so she did not want to start on that. She
thought this should be reviewed further at a workshop.
CouncilmemberJacobson thought this should be discussed at the next meeting and not discussed
during Council input.
(Election Congratulations) - Mayor Gamache congratulated the two Councilmembers for their
reelection and thanked the residents for their votes.
Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjoumed at 9:21 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary