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HomeMy WebLinkAboutCC May 6, 2008 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 6, 2008 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Anoka County Historical Society Presentation Agenda Approval 1. Approval of Minutes (4/22/08 Workshop; 4/15/08 Regular Meeting; 4/8/08 Board of Review; 4/15/08 Board of Review Continuation) Consent Items 2. Approve Payment of Claims - Finance 3. Award Bid/07 -4 7IRailroad Quiet Zones/161 8t Avenue NW - Engineering 4. Approve Resolution Accepting DonationINorth Metro Soccer Association - Engineering 5. Approve Rental Priority Policy - Community Center 6. Approve Requests for Quotes for Moving House/14905 Crosstown Blvd. NW - Planning 7. Approve Hold Harmless and Easement Encroachment Agreements Within the Bunker Lake Village 0 Development - Engineering Discussion Items 8. Consider Approval of Extension of Liquor License/Pov's Sports Bar - Clerk 9. Consider Conditional Use Permit for Verizon Wireless/13595 Hanson Boulevard NW - Planning 10. Consider Variance/Side Yard Setback/2363 Veterans Memorial Boulevard - Planning 11. Consider VarianceIMaximum Detached Accessory Structure Size/ 13500 Hidden Creek Drive - Planning 12. Consider Residential Sketch Plan for Planned Unit Development/ Southeast ofthe Intersection ofCSAH 9 and South Coon Creek Drive - Planning Staff Items 13. Administrator's Report - Administration Mayor/Council Input Adjournment 0 C IT Y o F NDOVE 0 REGULAR ANDOVER CITY COUNCIL MEETING - MAY 6,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 6, 2008, 7:03 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 Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM Ms. Darlene Streich - Roger's Auto Body, wondered whether they need to get permission to put up a sign indicating they are open for business during construction. Mr. Neumeister indicated he would work with them on this. He noted this would be a temporary directional sign. Motion by Trude, seconded by Jacobson, to authorize staff to work with the businesses impacted by construction for temporary directional signs. Motion carried unanimously. AGENDA APPROVAL Add April 22, 2008 Planning Commission minutes. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPRO V AL OF MINUTES 0 April 22, 2008, Workshop Meeting: Correct as written. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 2 April 15, 2008, Regular Meeting: Correct as amended. Councilmember Trude stated on page ten, line 28, the sentence should read "On the back of the ordinance there is the explanation for the rezoning but this will not be in the ordinance so they need to dclet-e the pEH'agraph aboye "adopted by the City Council." At the end of the page she would like to add that ''the Council concurred". Councilmember Jacobson stated on page 6, line 10 the sentence should read "... they could Ele-a:B: aetioo draft an ordinance. . .". Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. April 4, 2008, Board of Review Meeting: Correct as amended. Councilmember Trude stated on page 2, line 32, Mr. Tom Ranke put his home on the market for $489,000, not $400,000. 0 Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. April 15, 2008, Board of Review Continuation Meeting: Correct as written. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Bid/07 -4 7/Railroad Quiet Zones/161 st Avenue NW (See Resolution R039- 08) Item 4 Approve Resolution Accepting Donation/North Metro Soccer Association (See Resolution R040-08) Item S Approve Rental Priority Policy Item 6 Approve Requests for Quotes for Moving House/1490S Crosstown Blvd. NW Item 7 Approve Hold Harmless and Easement Encroachment Agreements within the Bunker Lake Village Development 0 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 3 ANOKA COUNTY HISTORICAL SOCIETY PRESENTATION The Anoka County Historical Society made a video presentation of the Anoka County Sesquicentennial Celebration to the City Council and residents. CONSIDER APPROVAL OF EXTENSION OF LIQUOR LICENSE/POV'S SPORTS BAR Mr. Dickinson explained Brad Povlitzki, Pov's Sports Bar, has submitted a request for an extension of his liquor license. Pov's is planning to hold their outdoor music celebration July 18th and 19th, 2008 and would like Council to approve an extension of their liquor license to include their fully enclosed ball fields. They plan to provide security outside during the event. They would like the bands to play until midnight, which is not consistent with the ordinance. The noise ordinance prohibits noise after 10:00 p.m. Councilmember Orttel asked if the permit extends their operating hours under the liquor license. Mr. Dickinson stated the City's noise ordinance will apply even if the liquor extension is approved. 0 Councilmember Trude thought the whole issue of regulating this comes back to the complaints they received from the community regarding the noise. Councilmember Orttel understood there were four complaints last year, two from Coon Rapids and two from neighbors. Mr. Dickinson stated there were actually five complaints, two from outside the community and three from within the community. Mayor Gamache stated last year they requested some noise testing be done and the Council had the report from the Sheriffs' Department. He reviewed some of the tests. Mr. Dickinson stated the decibel meter report was done by staff and not the Sheriffs' Department. Councilmember Trude noted that the report indicates it started raining during the monitoring and no complaints were made that evening. ALL of the complaints were made the second night when a different band performed. The Council discussed the noise complaints from 2007 with staff. Mr. Povlitzki stated this year they are going to have two rock bands. He did not know how the noise can be heard in another community and they will try to keep the noise down this year and make every effort to control the noise. They will place a tent over the stage to control the noise. He has been doing this concert for fourteen years and hoped he would be allowed to continue to provide this. Mr. David Luna, 2909 141 st A venue, stated he attended the event last year and thought it was well organized. The entertainment was excellent and the crowd was well behaved. He thought Andover 0 deserves something like this once a year. Motion by Orttel, Seconded by Gamache, to approve the liquor license extension for Pov's Sports Bar for July 18 and 19, 2008 until midnight outside their current premise, which includes the enclosed ball fields. Motion carried 3 ayes, 2 nays (Jacobson, Trude). 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 4 Councilmember Trude stated she is voting against this because last year she indicated if it was not controlled she would not continue to approve it. CONSIDER CONDITIONAL USE PERMIT FOR VERIZON WIRELESS/13595 HANSON BOULEVARDNW Mr. Neumeister stated Verizon Wireless has applied for a Conditional Use Permit to locate a cellular phone antenna in Andover. Verizon Wireless would like to locate an antenna on the 200- foot communication tower on Anoka County's radio repair facility property near the intersection of Hanson and Bunker Lake Boulevard. The antenna array will be attached to the tower at 130 feet. Verizon is also proposing a 350-square foot enclosed equipment shelter at the site. Mr. Neumeister reviewed the information with the CounciL 0 Motion by Jacobson, Seconded by Knight, to approve the Conditional Use Permit request. Motion carried unanimously. (Res. R041-08) CONSIDER VARIANCE/SIDE YARD SETBACK/2363 VETERANS MEMORIAL BOULEVARD Mr. Neumeister explained the applicant is seeking to construct a new house on a corner lot closer to the side street than allowed by the City Code. Mr. Neumeister reviewed the staff report with the Council. Motion by Knight, Seconded by Trude, to approve the proposed variance. Councilmember Jacobson stated they need to find a hardship and the only hardship he could find was that they want to build a larger house than will fit on the lot. This is an economic hardship and something they cannot grant. Councilmember Trude thought the hardship would be the landscape and topography of the area, which would be a unique condition. She stated this area is heavily wooded and the physical characteristic is that it is an urban area adjoining a rural area In their City they usually do not have 0 streets joining these two areas so this would not normally have been a corner lot. But the street goes through and narrows because the neighborhood changes. Councilmember Jacobson thought the real issue is that the size of the home they want to build on the lot is what is making the variance required and he did not consider that to be a hardship. 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 5 Councilmember Trude thought they need to tie the hardship into the property somehow and when she looked at this, some are explanations and not hardships. She believes the fact is that it is a house in an urban development on a corner lot and there is nothing around the corner. Councilmember Knight stated another thing is that the setback is a line of sight item and in this case the line of sight is moot because the adjoining piece has nothing to do with sight. Councilmember Trude stated they may want to change their ordinance for corner lots where no other homes can be located immediately around the corner. Councilmember Trude thought the hardship would be the rural area joining the urban area. Mr. Dickinson thought item two in the "Whereas" addresses the hardship. Mayor Gamache asked if the front of the house will face Veterans Memorial Boulevard. Mr. Brian Parent, Parent Builders, 9040 159th Lane, Ramsey, stated the front of the house will face Veterans Memorial Boulevard and the garage will face the other street. 0 Councilmember Trude asked if the farm road in the back of the property will limit some of the building they can do in the back. Mr. Parent stated they will not be going back into the easement. Mr. Parent showed the plans to the Council for review. Councilmember Ortte1 indicated he did not have a problem with this because the house fronts where it is supposed to. Motion carried 4 ayes, 1 present (Jacobson). (Res. R042-08) CONSIDER V ARIANCE/MAXIMUM DETACHED ACCESSORY STRUCTURE SIZE/13500 HIDDEN CREEK DRIVE Mr. Neumeister explained the applicant proposed to build a larger detached accessory building than the City Code allows. Mr. Neumeister reviewed the staff report with the Council. Councilmember Trude stated she looked at the ordinance and their explanations and she wondered if the applicant has presented staff with any other explanation besides what was previously given. Mr. Neumeister stated they have not. Motion by Trude, Seconded by Jacobson, to deny the proposed variance based on the fact that there 0 is no hardship. The Council discussed the possible hardships that could be given but none could be applied to this application. 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 6 Mr. Erickson stated the reason he does not want to park his equipment outside is because he has already had A TV's and snowmobiles stolen from his property when he had them stored outside. He noted in a few years his children will be driving and he will need more storage and parking space and that is the main reason he needs another garage. Mr. Erickson showed the Council his proposed garage layout and indicated he could make the garage smaller by taking off the six feet in the back that he would use for storage to make it a 24x24 square foot garage. He stated the lot size is very unique to his area Mr. Erickson reviewed the hardships and explained his property is very deep, wooded with no neighbors to the rear and backs up to the creek. He stated the property will not be out of character with the other properties in the neighborhood because two other properties have roughly the exact same size garage he is proposing. He stated five years ago he was allowed to build this but did not have the money and now he does and needs the space but cannot build it. There are a lot of people living in his home and taking up all the space they can in the home. He stated he has not mentioned economic hardship either. 0 Councilmember Trude wondered if the applicant ever considered an addition to the garage because it might be more efficient. Mr. Erickson stated he has thought of that but that would be included in the twelve thousand square feet of space and within that they would only be able to bust out the back wall and extend that. The way the roof is designed would not make that work and he would have to move the gas meter and electric meter for the A/C unit. This also butts up to a masonry chimney and he would have a chimney in the center of his garage. He stated he would not be able to extend the garage to the side because there is not enough room. He noted the first stall of the garage is not usable to store a car. Mr. Erickson stated he needs 24x24 square feet but would like a 24x30 square foot garage. Councilmember Orttel stated they do not have the authority to change the ordinance and there is not a real reason for the hardship. He stated Mr. Erickson has not shown the hardship so he did not think he qualified for a variance. Motion carried unanimously. (Res. R043-08) CONSIDER RESIDENTIAL SKETCH PLAN FOR PLANNED UNIT DEVELOPMENT/SOUTHEAST OF THE INTERSECTION OF CSAH 9 AND SOUTH COON CREEK DRIVE Mr. Neumeister stated the attached sketch plan now contains a development proposal to convert six 0 residential lots on 16.54 acres into a planned unit development containing 36 lots and one outlot. The applicant is requesting a planned unit development to allow a variation from typical development standards to be created for this project. For this to occur, the Commission and Council will need to authorize the use of planned unit development. It is the applicant's responsibility to 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 7 demonstrate that the proposed development standards will result in a better project than can be achieved through strict application of the R-4 standards. The applicant has provided the attached letter for this purpose. Mr. Neumeister reviewed the information with the Council. Councilmember Trude stated they have a Code regarding buffering between the rural and urban areas and she was not sure if that would apply to this project. Mr. Neumeister thinks the ordinance deals with properties outside of the MUSA boundary. Councilmember Trude wondered if all the homes around this development are in the MUSA and if all are connected to city sewer. Mr. Neumeister indicated they are within the MUSA and connected to sewer. Councilmember Trude did not think their buffer ordinance applies. Mr. Neumeister agreed. Councilmember Jacobson thought there is something in their ordinance that indicates that when a subdivision is put in they cannot have the same model home within four or six houses. Mr. Neumeister stated the Building Department enforces that. He believes different designs are being 0 proposed by the applicant. Mr. Jon Blackman, Hedberg Homes stated there were six different designs. Councilmember Orttel wondered how many lots can be placed on this property with no variances. Mr. Neumeister stated he saw the drawing and thought it showed twenty-five or twenty-six lots on it which would conform to an R-4 with no PUD. Councilmember Knight thought that the twenty-five would assume fill of the wetlands. Mayor Gamache thought they could possibly take the homes that back up on the north and south sides and keep them within the R -4 District so they line up with the existing neighboring homes. Mr. Blackman stated they did remove one lot out of the center section and added ten feet to both the north and south sides of the development. Councilmember Orttel wondered what the applicant is going to give the City if the PUD is approved. Mr. Ron Nordin, 13994 Heather Street, Andover, stated he owns numerous houses along Round Lake Boulevard. He stated they have five driveways that are extremely dangerous on Round Lake Boulevard and they will be able to remove them. The houses on South Coon Creek Drive are near the front of the street and they redesigned it from the Planning meeting. They strengthened and 0 lengthened the buffer zone for the lots on the north and south of the development. Mr. Nordin stated they also talked about the tree preservation plan. They had an arborist walk through and he said most of the trees in the area are buckthorn, box elder trees and many of the trees have been blown down. There are a lot of very low quality trees not worth saving other than the 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 8 identified oaks they found within the perimeter of the land. Another thing that came into play was the oddity of the shape of all the pieces. They feel that closing off the five driveways on Round Lake Boulevard will change whole safety zone is a big driver in regard to this project. Other than that he believes they have met many of the standards the Council desires to find in a PUD, which is a slight variation from the R-4 consideration. Mr. Nordin stated another benefit is just making a quality addition to the City. He believes a new generation of housing, the 55+ no kids, is growing. Councilmember Jacobson asked what the City gets from allocating a PUD to this project. Mr. Nordeen stated there are some issues on the inside perimeter of the land and some unsightly metal buildings which would need to be taken down. He thought they need to trade off and fmd the next generational kind of housing that is appealing to the public and they cannot continue to build the exact R -4 standard. Councilmember Trude thought what they were seeing in the few they have approved is the sales rate is very low. It seems like the small lots are not doing well in their community. C Mr. Lyle Reynolds, RLK, Inc. stated they looked at the total square footage of the lots and the question was raised if it was appropriate to include the outlot in that square footage. They show in their plan that they have an average density of .4 acres per lot including Outlot A. They have calculated they have .36 acres per lot density when they exclude the outlot. The average square footage involved in these lots is in the 12,200 square-foot neighborhood. Councilmember Trude thought the point she was trying to make was in order for the Council to approve a PUD there has to be something special about it. She could understand the point being brought up about the open space in Outlot A if the entire development surrounded it, having smaller lots because each unit would look out and have the view and the feeling of spaciousness even if they could not go out and use that land. Only six parcels actually take advantage of that open space view and the places where the lots are really tiny, there is nothing to really sell those. She stated there has to be something to give up the standard lot size and she can see it if they had all of the homes surrounding the outlot but she did not see it in the rest of the development. Councilmember Knight stated he has problems including the outlot because it is not really useable. He also noted he has problems with the density. Councilmember Trude thought the applicant should look at doing a plan where they come in off the signal light and go to the north with one cul-de-sac of homes and to the south with another cul-de-sac of homes and see what they end up with. Mr. Reynolds stated they have looked at that possibility 0 and it results in a situation where it requires a variance from the City for the length of the cul-de-sac and would result in approximately twelve lots. Councilmember Trude did not think they would have a big problem granting a variance for a long cul-de-sac. Councilmember Orttel thought the applicant should sit down with staff and discuss the possibilities 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 9 further. Councilmember Jacobson indicated that the Council was concerned with the density and the second access required in the Fire Code. He thought this was a little too dense and he did not know what they were getting back as a City to offer a PUD. The Council reviewed possible emergency entrances in the development along with density. Mayor Gamache stated he could live with the inside loop but he was concerned with the north and south outside areas. He would like them to line up with the existing homes. He liked the idea about adding some kind of usage for Outlot A. He was not sure about the emergency access and would like to see them have some discussion with the neighbors about how they can do that in a sensible manner. He is not too concerned about having an emergency access because there are other developments in the City that only have one access. Mr. Ron Hoch, 3426 South Coon Creek Drive, stated there have been a lot trees knocked over in the past and his concern about an emergency access is that if there were a storm or tornado the trees 0 would probably be the fIrst to come down and would probably block that access. He noted the entire area in the back is heavily wooded. He did not think it made a lot of sense to place an access in the back of the property. The trail will become an attractive nuisance because it will connect and be a shortcut between the merchant district and the neighbors above them. Another thing to think about is there is really no access to go back and patrol the area Councilmember Trude wondered if there is a sidewalk or trail along the east side of Round Lake Boulevard. Mr. Berkowitz stated they have a trail along Round Lake Boulevard and on South Coon Creek Drive there is a concrete sidewalk on the south side. Councilmember Trude stated this could provide a way for people to make a walking loop with the trails. Mr. Berkowitz stated there is a narrow bituminous path along South Coon Creek on the north side of the road and there is a shorter segment of concrete sidewalk on that side but it does not go all the way to Round Lake Boulevard. Councilmember Orttel thought this needs to be looked at more thoroughly with staff. Mr. Dan Hanson, 3511 142nd Lane, stated lots 17-19 would be his concern. They would prefer to see two houses behind them. Mayor Gamache recapped the concerns of the Council with the applicant and staff. ADMINISTRATOR REPORT 0 City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, Legislative topics, CIP projects and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 10 Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Hanson Boulevard Reconstruction Safety Concerns) - Councilmember Trude asked on the reconstruction of Hanson at the intersection at Bunker Lake Boulevard, could there be some type of signage indicating a change in lanes. She is concerned with the safety of the workers and residents in the community. She asked if they could also get some community service officers to do some traffic control at the stoplight. Mr. Berkowitz stated he forwarded her message onto the County and their response was they have the proper signing control out there but he will forward this to them again. He thought the intent was to make people avoid that intersection until construction was done. (Legislature Board) - Councilmember Jacobson stated the legislature has passed the .25 sales tax 0 increase and Anoka County has adopted that. He has information that there is a board that will be set up with Hennepin, Ramsey, Anoka, Dakota and Washington County to determine where that money goes over the coming years and in Anoka County they get to have one elected City official sit on that board and he assumed the County Board would appoint that person. He wondered if they should send forth the Mayor's name to see ifhe wants to sit on that board. Mayor Gamache stated he would be happy to serve on that board. (Legislature Information) - Mayor Gamache stated the House passed their property tax reliefbill but is a long way from the Senate's bill and further from the Governor's bilL Mr. Dickinson stated they are worried about the proposed removal of the homestead credit along with the removal of the property tax deduction for people. Based on the market value ratios he would be concerned in this community that they would be big losers in that proposal. Mayor Gamache stated another thing they have thrown around is the levy limit cap. Mr. Dickinson stated he is not really happy with any of these bills. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:37 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 6,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE. ........................................................ .............. ........ .................;. ..... 1 RESIDENT FORUM ................. ..................... .............................. .................. ........ .......... ... ... ...... 1 AGENDA APPROV AL....... ... ......................................... ........................................... .................. 1 APPROV AL OF MINlJTES ................................... ...,..... ................ ............. ....................... ......... 1 CONSENT ITEMS .......... .... ... ...... ...... ............ ........................... ....... ............ .......................... ...... 2 Approval of Claims .......... .... ....... ............. ....................................... .... ..... ........... ........ .... .............. 2 Resolution R039-08 awarding Bid/07-47/Railroad Quiet Zones/161 st Avenue NW.................... 2 Resolution R040-08 approving Resolution Accepting Donation/North Metro Soccer Association......................................................................................................................... ...... 2 Approve Rental Priority Policy...................................... ............ .... ..................... ............ ..... ......... 2 Approve Requests for Quotes for Moving House/14905 Crosstown Blvd. NW .......................... 2 Approve Hold Harmless and Easement Encroachment Agreements within the Bunker Lake Village Development ... ....... .... ... .......... ....... ........................... ....... ..... ..... .... .... ........ ....... .......... 2 ANOKA COUNTY HISTORICAL SOCIETY PRESENTATION ............................................. 3 0 CONSIDER APPROVAL OF EXTENSION OF LIQUOR LICENSEIPOV'S SPORTS BAR.. 3 CONSIDER CONDITIONAL USE PERMIT FOR VERIZON WIRELESS/13595 HANSON BOULEVARD NW (Res. R041-08)......................................................,................................. 4 CONSIDER VARIANCE/SIDE YARD SETBACK/2363 VETERANS MEMORIAL BOULEV ARD (R042-08) .. .... ............. .................................. .................................... ........... ... 4 CONSIDER V ARIANCEIMAXIMUM DETACHED ACCESSORY STRUCTURE SIZE/13500 HIDDEN CREEK DRIVE (R043. 08) ...................................... ........... ....... ........... .... ....... ........ 5 CONSIDER RESIDENTIAL SKETCH PLAN FOR PLANNED UNIT DEVELOPMENT/SOUTHEAST OF THE INTERSECTION OF CSAH 9 AND SOUTH COON CREEK DRIVE ...................................... .................. ... ............ ................... ... ... ...... 6 ADMINISl'RA TOR REPORT......... ........ .................. ................ ....... .............. ................. ...... ...... 9 MA YOR/COUNCIL INPUT .. ... ........................ ....................................... ....... .................... ....... 10 Hanson Boulevard Reconstruction Safety Concerns ............................................................. 10 Legislature Board. ................................................................................................................... 1 0 Legislature Information. ................. .......... ............................. ..... ......... ....... .... ..... ........ ........ .... 10 ADJOURNMENT................... ... .................... ................ ................ ....... ....... .................... ........ ....10 0