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HomeMy WebLinkAboutCC - July 20, 2010 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, July 20, 2010 Call to Order-7:00 p.m. Pledge of Allegiance Special Presentation - North Metro Soccer Association Resident Forum Agenda Approval 1. Approval of Minutes (6/29/10 Workshop; 7/6/10 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Debt Service Payments - Finance 4. Accept Donation/North Metro Soccer Association/09-18/Hawkridge Park - Engineering 5. Award Quote/1O-7, 2010 Trail Maintenance & 10-25,2010 Parking Lot Maintenance (Supplemental)- Engineering 0 6. Approve Application for Exempt Permit! Andover Lions - Administration 7. Approve Dental Renewal and Employer Contribution- Administration Discussion Items 8. Anoka County Sheriff s Department Monthly Report - Sheriff 9. Consider Variance/Accessory Structure Height!4120 165th Avenue NW - Planning 10. Consider Variance/Building Setback from County Road/16909 Crosstown Boulevard NW - Planning II. Consider Comprehensive Plan AmendmentlLand Use Change from Agricultural to Urban Residential Low Density/Woodland Estates 5th Addition - Planning 12. Consider Rezoning from R-l to R-4/Woodland Estates 5th Addition - Planning 13. Consider Preliminary PlatIWoodland Estates 5th Addition - Planning Staff Items 14. Schedule August Workshop Meeting - Administration 15. Administrator's Report - Administration Mayor/Council Input Closed Session - 2010 Public Works Union Contract ReviewIDiscussion - Administration Closed Session - Open Space Land Purchase Negotiations - White Pine Wildemess - Administration Adjournment 0 - 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - JULY 20, 2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 20,2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: Director of Public Works/City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE 0 SPECIAL PRESENTATION - NORTH METRO SOCCER ASSOCIATION North Metro Soccer Association presented a check to the City for $100,000 to help with the reconstruction of Hawkridge Park in Andover. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion calTied unanimously. APPROVAL OF MINUTES 0 June 29, 2010, Workshop Meeting: Correct as presented. Motion by Jacobson, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - July 20, 2010 Page 2 July 6,2010, Regular Meeting: Correct as presented. Motion by Jacobson, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Approval of Claims ~ Item 2 Item 3 Approve Debt Service Payments Item 4 Accept Donation/North Metro Soccer Association/09-18/Hawkridge Park (See Resolution R057-10) Item 5 Award Quote/l0-7!2010 Trail Maintenance & lO-25, 2010 Parking Lot Maintenance Item 6 Approve Application for Exempt Permit!Andover Lions Item 7 Approve Dental Renewal and Employer Contribution Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion 0 carried unanimously. ANOKA COUNTY SHERIFF'S D1!-'PARTMENT MONTHLY REPORT Captain Torn Wells from the Anoka County Sheriff's Office presented to the Council an update on law enforcement activities within the City. Mayor Gamache asked ifthere was any storm damage the Sheriffs Department was handling. Captain Wells stated there were a few minor things but nothing major to report. Mayor Gamache asked how the outdoor concert went at Pov's. Captain Wells noted they had a few minor complaints on both nights near the end of the night but by the time Pov's was contacted the music was already shut down. CONSIDER VARIANCE/ACCESSORY STRUCTURE HEIGHT/4120 165TH AVENUE NW Mr. Bednarz stated City Code 12-6 prohibits the height of accessory structures from exceeding the height of the principal structure (house) in the R-l Zoning District. The intent is to prevent accessory structures from detracting from the residential character ofthe neighborhood. Mr. Bednarz reviewed the information with the Council. 0 Councilmember Jacobson wondered if they were suggesting they take a neighborhood and take the largest house and apply the ordinance to that house and spread it to everyone else. Mr. Bednarz did not think that was what they were doing. He thought they were looking at the most 0 Regular Andover City Council Meeting Minutes -July 20,2010 Page 3 extreme example ofthe way the ordinance limits height. Councilmember Trude thought the reason why they had the rule was so that things blended into the neighborhood but most neighborhoods they were talking about you could see from one kitchen window to the next and this is celtainly not that type of neighborhood. She stated the character of a rural neighborhood is a lot different than the character of a neighborhood with quarter acre lots. Councilmember Jacobson asked what the hardship is. Mr. Bednarz stated there are two hardships listed in the applicant's letter, tree cover and location of the proposed garage satisfies the intent of the ordinance which is to not have the accessory structure a dominant feature on the lot. It will not be visible fi-om the street, which is one of the findings. The second is that they are the most limited in the height of an accessory structure they can build due to the fact they have an older rambler style home. Councilmember Jacobson thought after reviewing this item and watching the Planning and Zoning Commission meeting, the real reason for the height of the accessory structure is for an RV so if the RV was not parked in the structure would there be the height problem. Mr. Bednarz 0 did not think there would be. Councilmember Jacobson asked if the City would allow the RV to be parked in the backyard. Mr. Bednarz stated that is correct. Councilmember Jacobson asked what the hardship would be then. Councilmember Trude agreed with what staff wrote indicating that if an ordinance does not allow you to use your property at least to the extent that other people in the neighborhood could, then there is a hardship and that a resident is being denied a propelty right everyone else in the neighborhood has. Councilmember Jacobson stated he is pointing out that an accessory structure could still be built to house all the accessories except an RV and still be in conformance with the ordinance. Councilmember Bukkila thought with this they meet the minimum standard for this type of building if it was located anywhere else. Motion by Bukkila, Seconded by Trude, to approve the proposed variance as presented. Councilmember Trude stated she did not have a problem with this variance when the neighbors approve this and it is totally hidden from view from everyone and it does deny them a property right. She thought this was an overly strict interpretation to not allow them the height. Mayor Gamache agreed and thought this is well screened from the road and is actually next to a neighbors shed that is bigger and he thought the height of their home was the only thing holding Q it up. Motion carried 4 ayes, 1 nay (Jacobson). (See Resolution R058-1 0) 0 Regular Andover City Council Meeting Minutes -July 20, 2010 Page 4 CONSIDER VARlANCE/BUILDING SETBACK FROM COUNTY ROAD/16909 CROSSTOWN BOULEVARD NW Mr. Bednarz stated City Code 12-3-5 requires a 50 foot minimum building setback from county roads in the R-I Zoning District. The applicant is requesting a reduction to 24 feet to allow construction of a garage addition to the existing home. Mr. Bednarz reviewed the infOlmation with the Council. Councilmernber Trude stated the County has indicated Crosstown Boulevard will never expand and she wanted to know if this road is slated for expansion with the County in their twenty year plan. Mr. Berkowitz stated he had not seen this road in the County's twenty year plan. Motion by Knight, Seconded by Trude, to approve the proposed variance. Councilmember Jacobson asked ifthere is an garage attached to the house now and he wondered if there was one would it be remodeled if the new one is built. Mr. Bednarz stated there is an 0 attached garage currently there. The applicant indicated the current garage would not be remodeled and is small. Councilmember Jacobson thought this was one they could be in favor for because of the right-of-way being expanded and the septic system being a hardship so he would support the motion. Councilmember Bukkila asked if there is any type of elevation issue ifthey were to shift this back rather than at the angle suggested. Mr. Bednarz stated there is some topography on the lot and he thought the home was the high point and drops down around the home and depending on how they angle the building they would need to shift if back to the existing driveway because the County will not allow another access onto Crosstown Boulevard. Mayor Gamache thought that was also part of the hardship for this item. Motion carried unanimously. (See Resolution R059-10) RESIDENTIAL FORUM (CONTINUED) Mr. Gary Iskierka, 18071 Aztec Street and Ms. Kristine Volkman, 18091 Aztec Street, stated they were at the meeting representing their neighborhood in regard to trees that were down due to a recent storm in the area and they wondered if the City would help them come and pick up the brush the neighbors placed along the roadway. 0 Mayor Gamache reviewed the previous stornl clean up costs with the applicant and explained the City's policy regarding this and indicated the issue became the cost for clean up and ifthere was cleanup needed city-wide like a few years ago the City would help with the cleanup costs. Mayor Gamache stated this would cost them staff time and moving time and also would need to 0 Regular Andover City Council Meeting Minutes - July 20, 2010 Page 5 pay for disposal just like residents. He asked Mr. Berkowitz to estimate the cost. Mr. Berkowitz stated an estimate would be between $40,000 and $50,000 ifthe City were to get involved. Councilmember Jacobson asked what the neighbors would do if the City did not come and pick the brush up. Mr. lskierka indicated he did not know and it is on easement propeliy right now so would be at their convenience to clean it up. Councilmember Jacobson agreed with the Mayor regarding the costs and indicated that unless there was a City wide emergency of the nature they saw before he would be reluctant to authorize City staffto use equipment and pay the costs to clean up. Mr. lskierka understood the City hardship regarding costs and stated they have been in northern Andover and never really asked for anything, but if they were denied this he would understand. Mr. Berkowitz reviewed with the Council the areas that received the most damage in the City done by the last storm. Mr. Dickinson explained what the City has offered to the different neighborhoods regarding 0 storm clean up. Mayor Gamache hoped the resident understood the City's position budget wise and they will give the neighborhood anlple time to clean up the area. Councilmember Trude suggested a less expensive option would be if the City hired a wood chipper that went to the neighborhood to chip the brush and left the chips for neighborhood landscaping. Logs would be kept by the homeowners. This way there would be no removal costs. Councilmember Trude asked staff to see ifthe County will work with the residents at the tree disposal site to get this cleaned up. Mayor Gamache thought they could have some discussion with their neighboring cities to contact the County to see what could be done. CONSIDER COMPREHENSIVE PLAN AMENDMENT/LAND USE CHANGE FROM AGRICULTURAL TO URBAN RESIDENTIAL LOW DENSITY/wOODLAND ESTATES 5TH ADDITION Mr. Bednarz explained Woodland Development is requesting a land use designation change to allow the Woodland Estates 5th Addition to move forward. C Mr. Bednarz reviewed the staff report with the Council. Motion by Jacobson, Seconded by Knight, to approve the proposed Comprehensive Plan Amendment with the following changes: 0 Regular Andover City Council Meeting Minutes -- July 20, 2010 Page 6 After the last Whereas insert another Whereas "The Council finds that conditions have changed." Under the "Now Therefore It Be Resolved", the very last line in the paragraph, "Amendment to the Comprehensive Plan subject to revic','.' approval by the Metropolitan Council". Mayor Gamache asked if this would be correct. Mr. Bednarz indicated the Met Council sends a letter back to the City indicating ifthey approved the project or not. City Attorney Baumgartner stated this works for him. Motion carried unanimously. (See Resolution R060-1 0) CONSIDER REZONING FROM R-l TO R-4/WOODLAND ESTATES 5TH ADDITION Mr. Bednarz stated the Planning Commission is asked to review the proposed rezoning to allow the Woodland Estates 5th Addition to move forward. 0 Mr. Bednarz reviewed the information with the Council. Motion by Knight, Seconded by Bukkila, to approve the rezoning request. Councilmember Jacobson asked to add an item number 4 reading: "Subject to the Met Council approval of the Comprehensive Plan Amendment". Councilmembers Knight and Bukkila agreed to the amendment. Motion carried unanimously. (See Ordinance 395) CONSIDER PRELIMINARY PLAT/WOODLAND ESTATES 5TH ADDITION Mr. Bednarz noted the Planning Commission is asked to review the proposed preliminary plat of Woodland Estates 5th Addition. Mr. Bednarz reviewed the information with the Council. Councilmember Trude wondered if the Planning Commission comment about the tree preservation was even feasible since there are a lot of elevation and grading changes that have been done. She did not know if the trees would survive after that. She indicated her number one 0 criteria would be to get the drainage done correctly on this and then to get trees planted if needed. Mr. Berkowitz agreed. Mr. Byron Westlund stated they have instructed their consultant to look at the drainage and tree preservation on the site but are committed to save as many trees as possible. 0 Regular Andover City Council Meeting Minutes -July 20,2010 Page 7 Councilmember Jacobson indicated he had one concern regarding the field road at the north end of the plat and wondered how they planned to handle this. Mr. Westlund stated it would be handled the same way it was handled in the third addition. Motion by Trude, Seconded by Knight, to approve the proposed preliminary plat. Motion carried unanimously. (See Resolution R061-1O) SCHEDULE AUGUST CITY COUNCIL WORKSHOP The Council is requested to schedule a Council Workshop for the month of August for a number of miscellaneous business items. Motion by Bukkila, Seconded by Trude, to schedule the City Council Workshop for August 24, 2010 staJ.iing at 6:00 p.m. Motion caJ.Tied unanimously. 0 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT (Bluegrass Concert) - Trude stated they have the Bluegrass concert event coming up by the open area near Target and hoped to see a lot of the residents there enjoying the concert. (Fun Fest) - Mayor Gamache thanked everyone involved in the Fun Fest event. (Council Reports by StafJ) - Councilmember Trude wanted to compliment Mr. Bednarz on his reports included in the Council packets. The Council recessed at 8: 13 p.m. to go into a closed session to discuss 2010 Public Works Ii Union Contract Review/Discussion and Open Space Land Purchase Negotiations - White Pine Wilderness. , The Council reconvened at 9:01 p.m. to adjourn. 0 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:01 p.m. Respectfully submitted, 0 Regular Andover City Council Meeting Minutes - July 20, 2010 Page 8 Susan Osbeck, Recording Secretary 0 0 0 Regular Andover City Council Meeting Minutes - July 20, 2010 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 20, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 SPECIAL PRESENTATlON - NORTH METRO SOCCER ASSOCIATION............................. 1 RESlDENT FORUM ...................................................................................................................... I AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENT ITEMS .........................................................................................................................2 Approval of Claims..................................................................................................................... 2 Approve Debt Service Payments ................................................................................................ 2 Accept Donation/North Metro Soccer Association/09-18/Hawkridge Park (See Resolution R05 7 -10)............................................................................................................................... 2 Award Quote/1 0-7/20 1 0 Trail Maintenance & 10-25,2010 Parking Lot Maintenance............. 2 Approve Application for Exempt Permit!Andover Lions........................................................... 2 Approve Dental Renewal and Employer Contribution............................................................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT................................... 2 0 CONSIDER VARIANCE/ACCESSORY STRUCTURE HEIGHT/4120 165TH AVENUE NW (See Resolution R058-10) ..........................................................................................................2 CONSIDER VARIANCE/BUILDING SETBACK FROM COUNTY ROAD/16909 CROSSTOWN BOULEVARD NW (See Resolution R059-1O) ............................................... 4 RESIDENTIAL FORUM (CONTINUED) ....................................................................................4 CONSIDER COMPREHENSIVE PLAN AMENDMENT/LAND USE CHANGE FROM AGRICULTURAL TO URBAN RESIDENTIAL LOW DENSITY/WOODLAND ESTATES 5TH ADDITION (See Resolution R060-lO) ............................................................................... 5 CONSIDER REZONING FROM R-l TO R-4/WOODLAND ESTATES 5TH ADDITION (See Ordinance 395) ........................................................................................................................... 6 CONSIDER PRELIMINARY PLAT/WOODLAND ESTATES 5TH ADDITION (See Resolution R061-1 0) .......... ...... ................................... ...................... ............... .......... ......... ................ .......... 6 SCHEDULE AUGUST CITY COUNCIL WORKSHOP ..............................................................7 ADMINISTRATOR REPORT ....................................................................................................... 7 MAYOR/COUNCIL INPUT .......................................................................................................... 7 Bluegrass Concert....................................................................................................................... 7 Fun Fest .................................................................................................................................. .... 7 Council Reports by Staff.............................................................................................................7 ADJOURNMENT........................................................................................................................... 7 C