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HomeMy WebLinkAboutCC May 20, 2008 C I T Y o F NDOVE 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 - Tuesday, May 20, 2008 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/6/08 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Quotes/Septic System Abatement/2279 - 154th Lane NW - Building 4. Authorize Advertisement for Bids/Fire Tanker Replacement - Fire 5. Approve Garbage Hauler License Renewals - Clerk 6. Accept Retirement of City Clerk Victoria V olk - Administration Discussion Items 0 7. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 8. 2007 Audit PresentationIHLB Tautges Redpath - Administration 9. Public Hearing/Amendment to Nuisance Code (Title 4, Chapter 1) - Planning & Building 10. Public Hearing/Remove Day Care Use from Industrial Zone - Planning & Building 11. Consider Amended Sketch Plan for Planned Unit Development/Southeast of the Intersection of CSAH 9 & South Coon Creek Drive - Planning Staff Items 12. Schedule June Workshop - Administration 13. Administrator's Report - Administration Mayor/Council Input Adjournment 0 C I T Y o F NDOVE 0 REGULAR ANDOVER CITY COUNCIL MEETING - MAY 20,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 20,2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the CounciL AGENDA APPROVAL Add Item 6a, (Approve Settlement Agreement - Putnam Litigation). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 6, 2008, Regular Meeting: Correct as written. Councilmember Trude stated on page three, regarding the discussion on line 20 she wanted to add a comment that was made noting "the City noise ordinance will apply even if the liquor license 0 extension is approved". Councilmember Trude wanted to note a comment that she made after line 30 about the noise testing:"Councilmember Trude noted that the report states that it began raining during the monitoring and also no complaints were received that evening. All complaints were made the second night 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 2 when a different band performed." She stated on the next page, line 41, it should be "street joining these two areas so this would not normally have been a corner lot". On the next page OIi line 10 at the end of the sentence add: "immediatelv around the corner." Councilmember Trude noted on page 8, line 38, after the word north it should say "with one cul-de- sac of homes and south to another cul-de-sac of homes". Councilmember Jacobson stated on page 6, line 43, the sentence should read: "The applicant is requesting a Plaimed.Unit Development to allow a variation from typical development standards." Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried umm1mously. CONSENT ITEMS Item 2 Approval of Claims 0 Item 3 Approve Quotes/Septic System Abatement/2279 -154th Lane NW Item 4 Authorize Advertisement for Bids/Fire Tanker Replacement Item 5 Approve Garbage Hauler License Renewals Item 6 Accept Retirement of City Clerk Victoria V olk Item 6a Approve Settlement Agreement - Putnam Litigation Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Trude asked if they have had higher accident rates at the intersection of Hanson Boulevard and Bunker Lake Boulevard. Captain Wells stated they have seen some incidents with property damage but nothing serious. He thought the traffic was slowing down, and said people have to be patient going through there. Councilmember Trude thought there was poor signage in the construction area and she asked Captain Wells had to say something to the Anoka County Highway Department regarding this. 2007 AUDIT PRESENTATION/HLB TAUTGES REDPATH City Administrator Dickinson introduced Mark Gibbs of HLB Tautges Redpath who made a 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 3 presentation to the City Council relating to the City of Andover Comprehensive Annual Financial Report as of December 31, 2007 and the corresponding Management Report. PUBLIC HEARING/AMENDMENT TO NUISANCE CODE (TITLE 4, CHAPTER 1) Community Development Director Neumeister stated at the April 22, 2008 workshop, the City Council discussed establishing a housing maintenance code for all single-family residential. The workshop discussion resulted in a consensus that slight modifications could be made to the current ordinance to cover all sing1l:::-family housing units. Mr. Neumeister reviewed the information with the Council. Councilmember Trude stated with regard to remodeling projects, it is pretty difficult to get the exterior replaced without having some materials in the yard. She thought a simple way to handle it would be to insert after "out of view from adjoining properties" something like "except exterior remodeling." If someone is having siding or windows done sometimes it takes awhile to use the 0 materials. Councilmember Orttel stated that was the problem, exterior projects and some will go for a year or more. Councilmember Trude wondered if they should add anything. Councilmember Orttel thought it was fine and did not think anyone would tag someone if they are putting up a piece of siding and the material was showing. Mayor Gamache thought if the material is neat and orderly, there would not be a problem. Councilmember Jacobson stated he had three comments. At the bottom of page 2, under E, "Integrity of the Dwelling Unit", he would like to restate it to read: All exterior elements of residential dwelling units in the City shall be kept in a clean, sanitary and structurally safe condition and in sound repair." Mr. Neumeister stated there have been cases in the past that the City Staffhas tried to make sure that people who are violating a Code they understood that this is specific to their case. That is why they are specifically listing these out. Councilmember Jacobson stated he was just rewording the sentence, not commenting on the listed items. Councilmember Jacobson noted on page 3, under F, "Remodeling Projects", it states All residents completing undertaking: remodeling projects". Also on Page 3, under H, "Other Conditions: is guilty of..." He wondered who "is" refers to. Councilmember Trude stated this was an old ordinance. City Attorney Baumgartner stated at the beginning of 4-1-2 under "Public Nuisances" on page two it says, "whoever" and that is who the "is" refers to. Motion by Jacobson, Seconded by Orttel, to open the public hearing. Motion carried unanimously. 0 No one wished to address the City Council. Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Orttel, to adopt the attached code amendment as amended, as well 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 4 as the summary ordinance. Motion carried unanimously. PUBLIC HEARING/REMOVE DAY CARE USE FROM INDUSTRIAL ZONE Community Development Director Neumeister explained after the rezoning of seven properties in the HughslWestview Industrial Park from "Industrial" to "General Business" on April 15th, the Council asked staff to bring forward a code amendment that would again make daycares a prohibited use in the "f' district. Mr. Neumeister discussed the information with the Council. Motion by Trude, Seconded by Knight, to open the public hearing. Motion carried unanimously. No one wished to address the City Council. Motion by Knight, Seconded by Trude, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the proposed City Code Amendment. Motion carried nnanimously. CONSIDER AMENDED SKETCH PLAN FOR PLANNED UNIT DEVELOPMENT/SOUTHEAST OF THE INTERSECTION OF CSAH 9 & SOUTH COON CREEK DRIVE Community Development Director Neumeister explained the applicant has submitted a revised sketch plan based upon feedback from the May 6th Council meeting. Mr. Neumeister reviewed the changes with the Council. Councilmember Trude asked if the Engineering Department had a chance to look at the topography of the land to see if the land will drain properly. Mr. Neumeister stated the engineers have not gotten that much detail and he thought that was a concern that staffhas. He stated they felt that when this comes back as a development plan, whether a PUD or not, they want to be concerned with how many are slab on grade because the City would want to see as many multilevel full basement plans as possible. The rambler style without a basement is very difficult to find storage areas in this type of unit. They want to limit the number of homes that will be slab on grade if at all possible and they will want them to be encouraged to try and do some grade changes on the property to save as many of the trees as possible. This would encourage walk outs and look outs, split level type construction. Councilmember Trude thought this would mean most of the trees on site would have to be removed to bring things up to meet the City's two.,.foot above the one hundred year flood plain, lowest level. Mr. Neumeister stated that is hard to tell at this point. Regular Andover City Council Meeting Minutes - May 20, 2008 Page 5 Councilmember Trude knew the neighbors were concerned and so is she with the overall site. She was not seeing any strong landscaping plans coming back. She asked "When they do a PUD, do they still implement the two trees for every front yard rule and the yard sodded requirement?" Mr. Neumeister indicated they will still require that. Councilmember Knight thought the plans were too tight and he did not know how many existing trees will be able to stay. Councilmember Jacobson stated on block three, lot eleven on Round Lake Boulevard, there is a thirty-foot front yard entrance on the southwest corner. With that lot and configuration, if a house were built there, would put a house in the backyard of the two houses next to it. This is not a good situation. Councilmember Orttel stated the house is already there. The developer indicated their first thought was to save the house and redo it but they wanted to eliminate the drive off of Round Lake Boulevard. With all the changes to the house, it makes more sense to take the house down and put a new unit there. He stated the house can be turned. Councilmember Jacobson stated another concern is Outlot B, the emergency access. He thought there should be a second access. If it is put in a gate could be put in back further so the residents that have lots on either side could still get in, but people could not go through. He stated they are only down two lots, thirty-four lots and if this was a regular R-4 Development, they would probably be looking at twenty-six lots, so they are over quite a few lots extra He stated he did not like all the extra lots. Another concern is that he cannot find anything that the City will get for allowing the PUD. The developer stated one of the things they are trying to create is a different type of concept from the R-4. Councilmember Jacobson stated the City is supposed to get something in return for allowing a PUD, but he did not see anything yet. Councilmember Knight stated when Anoka County reviewed the street proposal, they suggested some things. One was a divider and another was a traffic light. He ~ondered who would pay for those improvements. Mr. Neumeister indicated it would be the developer. Mr. Neumeister reviewed some of the changes the County wanted with the development. Councilmember Knight stated there was a number of trees on the second outlot and he wondered if they would all have to be removed. The developer stated the lot next to the outlot has a number of trees that will have to be removed. Councilmember Knight wondered if the residents in the existing area like that. It was indicated they did not want the trees removed. The developer stated the residents were more concerned with kids going in there. Staff reviewed with the developer and the Council the proposed a trail in the development. Councilmember Trude thought the emergency access and trail were a good idea Councilmember Knight asked if all of the storm water will go into the back of the development. Mr. Neumeister indicated it wo~d and that it was a closed system without an exit. He stated 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 6 there has to be a ponding area in the back to accommodate it. Staff thought it was adequate to store all of the water at this point. Councilmember Trude wondered if there is already water there or is this going to be one of those ponds with twenty-foot banks with concerns for the children that live in the bordering homes of the neighborhood. She stated as they move forward with this, she would like to see some kind of berming to shield the existing home on the south from having a great drop off along their lot line into a pond. Councilmember Orttel wondered if they had any controls on the type of housing that is built. The developer stated they will be looking at easy concept living homes to accommodate handicapped people. He showed on a map the different types of housing that is proposed along with where in the development they will be located. Councilmember Trude stated there are eight items on the list they received from the developer and of that list; there are only one or two that they would get with a PUD. The improved landscaping plan could be an improvement and the trail connection an enhancement. She thought the trail would be used more by the people in the development than anyone else. The developer stated they have taken the Council's idea of putting in a gazebo which would be by the pond along the pathway. Mayor Gamache asked what their plans were along Round Lake Boulevard and in the back yards. The developer stated mature trees and possible fencing. There is some natural retaining wall that the County has already put in and there is some fencing so the kids cannot go into the streets. They would propose a full landscaping plan for the Council to review. Councilmember Knight asked if a tornado package would be included on the slab homes. The developer indicated they have not looked at that since the last review. Councilmember Trude thought the developer should drive around in the City and look at some other townhome developments that have landscaping to get an idea of an improved landscaping plan. She stated an improved landscaping plan would take away her concerns about the homes not being very sellable. She thought they needed to do some upgrades. She thought the idea about the patio wall on the property line is probably going to look more like an obstruction and thought it would look better to have a natural barrier. A lot more upgrade for the center island area will be needed to keep the small lots. Mayor Gamache was concerned because he heard almost all of the trees will be taken down in the center area The developer indicated most of the trees are already blown down. Mayor Gamache asked with regard to the homes that will back onto Round Lake Boulevard, how they will buffer some of the noise in order to sell the homes. The developer indicated they will probably do some fencing and use some existing trees in the development moving them to buffer the lots from the road. 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 7 Councilmember Orttel asked how many homes they are going to build before they are sold. The developer indicated they will probably build two models to start. Councilmember Trude stated they are all anxious to have something that will be marketable. The developer agreed. Councilmember did not think homes with front porches sold well in the City along with small lots. Those that did well have extensive landscaping along with upgrades. The developer stated their goal is to have a correct design for easy living. Councilmember Trude thought the design looked nice. Mayor Gamache indicated he liked the fact that they lined up the homes on the north and south sides toward the current homes. He thought it was a benefit for safety reasons to take the driveways off of Round Lake Boulevard. Councilmember Trude wondered how the rest of the Council felt about the inner circle. Mayor Gamache stated he would like to see more of the architectural ideas in there and thought that was where they could add onto those eight items and expand on them. He thought there was a lot of buffer on the backside of the homes, but he was concerned about the residents along Round Lake Boulevard. Councilmember Knight stated his concern was there will not be any existing trees in the development. Councilmember Jacobson wondered if this will still be a PUD. He stated the developer will need to take all of the comments from the Planning Commission and the Council to try and come up with what they think will work. Then come with a Preliminary Plan. Mr. Dickinson stated from the developer's perspective, they are looking to see if there are certain issues on the plans where there is some consensus on what they take forward. He asked if the trail or emergency access is a must for the Council. Councilmember Trude thought it was a split vote. Mayor Gamache stated it was not important to him. Councilmember Trude stated she liked it. Councilmember Orttel stated it is a matter of consistency. He has to agree that it needs to be there for the overall safety of the City. Mr. Dickinson thought another issue for the Council was density. Councilmember Orttel thought the development was at two units per acre, which includes the marsh area If they pull that out they would be at less than their City average. Mr. Neumeister stated it would be 2.65 units per acre if they used 34 lots. If they got rid of the lot on the corner, it would drop it to 2.57 units per acres. Councilmember Knight stated he was concerned about the water with all of the blacktop and roofs in the development since there will be a lot ofrun off. Mr. Neumeister thought the City Engineer would want two back-to-back hundred year storms stored in that pond because they are closed systems. The City Engineer Department will look at that very closely. 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 8 Councilmember Trude wondered if they could do a feature pond somewhere in the development. Mr. Dickinson indicated the developer will have to deal with taking care of the County issue on Round Lake Boulevard. They need to enhance landscaping and the architectural views of the structures. Councilmember Trude thought if the trail goes to the picnic table by the pond, this may not be the best location since then it is inviting the entire community to use it. Mr. Dickinson thought they might be able to have an internal trail in the development that leads to a site. Councilmember Trude thought it might be a good idea to go over some of the engineering items and bring it forward to the Council at a workshop before going to the next level. SCHEDULE JUNE WORKSHOP Motion by Jacobson, Seconded by Orttel, schedule a Special Council Workshop on Tuesday, June 24, 2008 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and City department activities, CIP Projects, meeting reminders, legislative topics and miscellaneous projects. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Community Education Advisory Council Meeting) - Councilmember Trude stated she attended the last Community Education Advisory Council meeting and she learned the school board has adopted Lacrosse as an official sport next year which will take a lot of pressure off the field situation. She also learned the School Board has several high level positions coming open due to retirements. All the cities are feeling pressure for fields for all the children and as far as she knew within their School District, the students are not paying fees to other cities for playing on their fields. (YMCA Director Change) - Councilmember Trude stated she noticed in the paper that the YMCA appointed a new director and she wondered if they were informed prior to reading about it. Mr. Dickinson indicated he has met the new director and the new director has met all the staff 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 9 at the Community Center. (FEMA Mapping) - Mayor Gamache indicated he received a letter from FEMA regarding a flood map scoping meeting they will be doing on May 29th at the Spring Lake ParkIBlainelMounds View Fire Department. Mr. Dickinson indicated they will have three staff members attend the meeting. Motion by Orttel, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:45 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 Regular Andover City Council Meeting Minutes - May 20, 2008 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 20,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE.................. ... ..................... .... .......... ..................... ....... ............. ......... 1 RESIDENT FORUM ...... ..................................... .................................... ............. .......................... 1 A GEND A APPROVAL.................................................................................................................. 1 APPROV AL OF MINUTES ..................... ................................................... ............. ............... ....... 1 CONSENT ITEMS ......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Approve Quotes/Septic System Abatement/2279 - 154th Lane NW ..........................................2 Authorize Advertisement for Bids/Fire Tanker Replacement .................................................... 2 Approve Garbage Hauler License Renewals .............................................................................. 2 Accept Retirement of City Clerk Victoria V olk ......................................................................... 2 Approve Settlement Agreement - Putnam Litigation................................................................. 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ..................... 2 2007 AUDIT PRESENT A TION/HLB T AUTGES REDPATH ..................................................... 2 PUBLIC HEARING/AMENDMENT TO NUISANCE CODE (TITLE 4, CHAPTER 1) o RD. 371 ........................................................................................................................................ 3 PUBLIC HEARING/REMOVE DAY CARE USE FROM INDUSTRIAL ZONE (ORD. 372)... 4 CONSIDER AMENDED SKETCH PLAN FOR PLANNED UNIT DEVELOPMENT/SOUTHEAST OF THE INTERSECTION OF CSAH 9 & SOUTH COON CREEK DRIVE.............................................................................................................................. 4 SCHEDULE JUNE WORKSHOP ................................................. .................................. .............. 8 AD MINIS TRA TO R REPORT ............................................ ............................................................ 8 MA YO RICO UN CIL INPUT .......................................................................................................... 8 Community Education Advisory Council Meeting..................................................................... 8 YMCA Director Change.......... ................................................................................................... 8 FEMA Mapping...................................................................... .................................................... 9 ADJ 0 URNMEN'T........................ .................... ............................................... ........ ........................ 9 0