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HomeMy WebLinkAboutCC September 20, 2005 "'-'",- .....~ , . f>~ C i T Y 0 F ~f.'+Hv}. \~:1:)\\ l\..JD~ . OVEr ~~'.;~ J ,.\1 .~... Ln:- ~_ >:'1 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US C--~C0 w--u..:tLU1 ID - 4-05 \ / Regular City Council Meeting - Tuesday, September 20, 2005 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/23/05 Workshop; 9/6/05 Regular) \ I / Consent Items 2. Approve Payment of Claims - Finance 3. Declare Costs/Order Assessment Roll/05-47/665 - 140th Lane NW/SS & WM - Engineering 4. Declare Costs/Order Assessment Roll/05-48/709 - 140th Lane NW/SS & WM - Engineering 5. Declare Costs/Order Assessment RolV05-2/2005 Overlays - Engineering 6. Waive Public Hearing/Adopt Assessment RolV04-13Neterans Memorial Boulevard NW - Engineering 7. Waive Public Hearing/Adopt Assessment RolV04-311l374 -148th Lane NW/SS & WM -Engineering 8. Waive Public Hearing/Adopt Assessment Roll/05-311135 I I Round Lake Boulevard NWIWM- Engineering 9. Accept Petition/Order Feasibility Report/05-49/14063 Crosstown Boulevard NWIWM - Engineering 10. Accept Feasibility ReportlWaive Public Hearing/05-49/14063 Crosstown Boulevard NWIWM- Engineering II. Order Plans & Specs/04-23A1Hanson Boulevard NW & 139th Avenue NW/Signal System - Engineering 12. Accept ResignationlPark & Recreation Commissioner - Engineering 13. Approve 2006 Animal Control Contract - Clerk 14. Approve Project/Fire Station #1 Generator - Admin/Finance 15. Approve Project/City Hall Front Door Access -Admin/Finance Discussion Items 16. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 17. Public HearinglYMCA Revenue Bond Issue - Administration 18. Reconsider Preliminary Plat/Grey Oaks 2nd Addition - Planning Staff Items 19. Schedule EDA Meeting -Administration 20. Schedule October Council Workshop - Miscellaneous Business Items - Administration 21. Schedule Council Workshop - Rural Reserve Planning - Administration 22. Administrator's Report -Administration Mayor/Council Input Adjournment ) / ) '. J Regular Andover City Council Meeting Minutes - September 20, 2005 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 20,2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM..................................................................................................................1 AGENDA APPROVAL ............................................................................ .................. ...............1 APPROVAL OF M1NUTES.......................................................................................................1 CONSENT ITEMS Approve Payment of Claims .......................................................... ............. ..........................2 Resolution Rl5 8-05 declaring Costs/Order Assessment Roll/05-4 7/665-1 40th Lane NW / SS & WM ........................................................................................................................2 Resolution R159-05 declaring Costs/Order Assessment Roll/05-481709-140th Lane NW/ SS & WM ........................................................................................................................2 Resolution R160-05 declaring Costs/Order Assessment Roll/05-2/2005 Overlays. .......2 Resolution R161-05 waiving Public Hearing/Adopt Assessment Roll/04-13Neterah3 Memorial Blvd NW ............. ...................................................... ............................... .......2 Resolution R162-05 waiving Public Hearing/Adopt Assessment Roll/04-31/13 74-148th Lane NW /SS & WM..........................................................................................................2 Resolution R163-05 waiving Public Hearing/Adopt Assessment Roll/05-31/13511 Round Lake Blvd NW /WM ................................................................. ...... ......................2 Resolution R164-05 accepting Petition/Order Feasibility Report/05-49/14063 Crosstown Boulevard NW /WM ..................................................................... .......... ......2 Resolution R165-05 accepting Feasibility Report/Waive Public Hearing/05-49/14063 Crosstown Boulevard NW /WM ........................................... ....................................... ....2 Resolution R166-05 ordering Plans & Specs/04-23A1Hanson Boulevard NW & 139th Avenue NW/Signal System .............................................................................................2 Accept ResignationlPark & Recreation Commissioner ........................................................2 Approve Project/Fire Station #1 Generator ..........................................................................2 Approve Project/City Hall Front Door Access .....................................................................2 APPROVE 2006 ANIMAL CONTROL CONTRACT Motion to approve..... .......... ................ ............................ ..... .............................. ....................3 RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Received ................. ........... ........... ................. .............. ..... ................ ........... .... ........ .... ........ ..3 PUBLIC HEARlNGIYMCA REVENUE BOND ISSUE Motion to Open Public Hearing.................. .......... .................................................................3 Motion to Close Public Hearing ............................................................................................3 Motion to Approve Resolution R167-05 ...............................................................................3 CONSIDER PRELIMINARY PLAT/GREY OAKS 2ND ADDITION Motion to Reconsider.................. .......................................................................................... 4 Motion to Rescind Resolution R168-05 ................................................................................7 Motion to Approve Resolution R169-05 ...............................................................................7 SCHEDULE EDA MEETING ................................................................................................... 7 SCHEDULE OCTOBER CITY COUNCIL WORKSHOP - MISC BUSINESS ITEMS .........8 SCHEDULE CITY COUNCIL WORKSHOP - RURAL RESERVE PLANNING..................8 ) Regular Andover City Council Meeting Minutes - September 20, 2005 Page 11 Regular Andover City Council Meeting Minutes - September 20, 2005 Table afContents Page ii ADMINISTRATORS REPORT .................................................................................................8 MAYOR/COUNCIL INPUT Horse Situation in Andover ..................... ........... ........ .................... ............ ...........................8 MontWy Sheriff s Report................................................................................ .......................8 Viking Stadium Issue............................................................................................................. 9 Crosstown Repairs................................................................................................................. 9 Intersection Improvements on Crosstown and Nightingale...................................................9 ADJOURNMENT ......................................................................................................................9 ) / / REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 20,2005 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 20, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers 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 No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Orttel, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES August 23, 2005, Workshop Meeting: Correct as amended. Commissioner Knight stated there was a motion made with a vote of three to one on page six and he opposed the motion. Motion by Jacobson, Seconded by Orttel, approval of the August 23, 2005 Minutes as indicated above. Motion carried 4 ayes, 1 present (Trude). Regular Andover City Council Meeting Minutes - September 20, 2005 Page 2 September 6, 2005, Regular Meeting: Tabled Commissioner Trude stated on page nine, there was an issue brought up regarding the shopping center issue and she asked for the attorney's opinion which was not in the minutes. She asked this be included because this has come up several times. She would like for the staff and attorney comments included in the minutes for reference in the future. She thought this was real important for ongoing discussion of Code review. She noted a minor change under Mayor/Council input under Rural Reserve Planning. Her last statement was that the Park Commission was already starting to plan and to locate the parks, not name. She would like this tabled for the above corrections. She wondered if staff had a hard time after the meeting if there is nothing about the discussion, going back and knowing what their input is. Mr. Neumeister stated most ofthe time they have enough information. He thought only those that are continued to a workshop where there is not enough discussion because it would be covered in the workshop. Motion by Trude, Seconded by Jacobson, to table the September 6, 2005 Minutes until the October 4, 2005 City Council meeting. Motion carried unanimously. / CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 10 Item 11 Item 12 Item 14 Item 15 Approval of Claims Declare Costs/Order Assessment RoI1l05-47/665 -140th Lane NW/SS & WM (See Resolution RI58-05) Declare Costs/Order Assessment Ro11l05-48/709 - 1 40th Lane NW /SS & WM (See Resolution RI59-05) Declare costs/Order Assessment RoI1l05-2/2005 Overlays (See Resolution RI60-05) Waive Public Hearing/Adopt Assessment Ro11l04-13N eterans Memorial Boulevard NW (See Resolution RI61-05) Waive Public Hearing/Adopt Assessment Ro11l04-3111374 - 148th Lane NW/SS & WM (See Resolution RI62-05) Waive Public Hearing/Adopt Assessment Ro11l05- 31/13511 Round Lake Boulevard NW/WM (See Resolution RI63-05) Accept Petition/Order Feasibility Report/05-49114063 Crosstown Boulevard NW/WM (See Resolution RIM-05) Accept Feasibility Report/Waive Public Hearing/05-49/14063 Crosstown Boulevard NW/WM (See Resolution RI65-05) Order Plans & Specs/04-23A1Hanson Boulevard NW & 139th Avenue NW/Signal System (See Resolution RI66-05) Accept ResignationlPark & Recreation Commissioner Approve ProjectlFire Station #1 Generator Approve Project/City Hall Front Door Access Afotion by Jacobson, Seconded by Knight, approval ofthe Consent Agenda as read. Motion carried unanimously. Regular Andover City Councill'v1eeting Minutes - September 20, 2005 Page 3 APPROVE 2006 ANIMAL CONTROL CONTRACT Councilmember Jacobson stated the agreement indicates who can call animal control to have an animal picked up and the policy now is that the resident calls the City and then the City calls animal control and in the agreement it states the resident can call animal control themselves. He would like this deleted because it could be a financial burden on the City. Councilmember Trude thought it was also important because that way they have a record of previous incidents if they need it. Motion by Jacobson, Seconded by Trude, to approve the animal control contract with the words "City Resident" taken out of sections two and three in the agreement. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT j Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Knight asked if the Meth problem was increasing or decreasing County wide. Captain Jenkins stated it is hard to estimate because he thought their detection has increased significantly but they are moving into more rural areas which are much more difficult to detect. He thought the use has stayed the same or increased. PUBLIC HEARING/YMCA REVENUE BOND ISSUE City Administrator Dickinson explained the Council is requested to hold a public hearing on a proposal by The Young Men's Christian Association of Metropolitan Minneapolis. Mr. Dickinson discussed the staff report with the City Council. Mr. Casey Scott and Ms. Linda Blackmore were at the Meeting from the YMCA to answer any questions. j Councilmember Jacobson wondered why because Minneapolis and Hennepin County were issuing the bonds Andover also had to give their stamp of approvaL Mr. Dickinson stated the dollars issued from another agency outside of their agency, they would need to say it is ok for someone else to spend money within the community. Councilmember Orttel noticed the resolution states they are doing this as a host community so he did Regular Andover City Council Meeting Minutes - September 20, 2005 Page 4 not know if this was a section in the State Statute that they are required to allow them to spend the money in the City. Mr. Dickinson believed that was the case. Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:20 p.m. Motion carried unanimously. No one from the public wished to address the City Council. Mr. Casey stated the YMCA took a look at its facilities and needs for all of the facilities in the Metropolitan area and as a part of that they have the initial start up expenses for the items mentioned in the staff report. They had original plans to use debt to issue that and pay for that. They would have initially come to the City of Andover but because of all the other facilities, they went to the City of Minneapolis where they have the most facilities and requested a five million dollar issue through MCDA and included in that four other cities. He stated this is a host approval. iI/otion by Jacobson, Seconded by Knight, to close the public hearing at 7:25 p.m. Motion carried unanimously. iI/otioll by Knight, Seconded by Trude, to approve the attached resolution giving host approval of the issuance of revenue bonds. Motion carried unanimously. (Resolution RI67-05) RECONSIDER PRELIMINARY PLAT/GREY OAKS 2ND ADDITION Motion by Jacobson, Seconded by Knight, to reconsider the Preliminary Plat for Grey Oaks 2nd Addition. Motion carried unanimously. Community Development Director Neumeister stated the Council approved this preliminary plat with three conditions at the September 6th meeting. The developer has submitted plans that do not address the conditions added by the Council and has verbally indicated that he is not willing to do so. As a result, this item is being brought back to the Council to allow the developer to explain his decision. / Councilmember Trude thought the question raised was if the sewer line could be moved and they talked about the angle and moving it away from the tree line and provide the hookups for the homes and keep the buffer between the old and new development. She wondered if with the review, it was decided this would work. Mr. Berkowitz stated they met with the developer and the developer's engineer. They tried to look at different options on how the sewer line could be moved to preserve as many trees as possible. At that time they thought they had a solution that could possibly work. The developer's engineer went back to the drawing board and laid out the proposed pad and found that by doing that, the pad would encroach or be close to encroaching on the gas easement. The developer's concern is that they would like to maintain a minimum of a five foot separation from the gas easement in the foundation so he does not impact the gas easement. By doing that, the footprint of the building was encroaching so they went back and proposed the original proposal with some / Regular Andover City Council Meeting Minutes - September 20, 2005 Page 5 modifications of eliminating the manhole on the most recent proposaL Mayor Gamache stated they looked at this initially with the possibility of bringing it in with that other stub and it is not large enough. Mr. Berkowitz indicated that was correct. Councilmember Jacobson stated that resolution talks about exhibit A and he wondered ifthis was the old exhibit A and the yellow sheet they have is the new exhibit A. Councilmember Orttel stated exhibit A is just the chart showing how big their lot requirements are in Andover. Councilmember Jacobson wondered where the yellow sheet would be referenced. Councilmember Orttel wondered what changed because the resolutions look identical. Mr. Neumeister stated they did not change the resolution because at this point they are not proposing anything to be changed. They are asking the Council to decide if they want to change it and if the developer would want to make a case for changing any of the conditions. He indicated it was up to the Council ifthey want to change any of the conditions. Councilmember Jacobson stated ifit is approved with the changes, in the resolution they would have to delete numbers seven and eight. Mr. Neumeister indicated that was correct. / Councilmember Trude wondered if what they asked the developer to do is impossible. Mr. Neumeister stated he is not the engineer but by adding a manhole, there may be ways to save the trees. Councilmember Trude stated she looked at the minutes of the Planning Commission again and there was a big emphasis on saving the trees and they even wondered if three lots would be appropriate so that the trees would not be compromised and the sewer could be moved up and there are other ways to design it. She noted this was also brought up at the last Council meeting. Mr. Berkowitz explained to the Council the situation that prohibits moving the line up. Councilmember Trude wondered if they should be looking at a three lot design. Mr. Berkowitz stated in the developer's letter it does mention reducing the lot size, the footprint of the building, but he does not want to do that and wants to maintain the character of the housing in that area and would prefer to keep the size that it is shown. Councilmember Trude stated it is not the Council's decision about how big a house goes on a lot. She stated they have heard from the neighbors that no matter what happens, there be a provision for screemng. / Councilmember Orttel thought the residents are concerned and did not want a commercial use on this site. He indicated the lot is oversized and clearly buildable. They are throwing in a condition that is not in their ordinance to leave the trees and that is why the lot would be unbuildable. He stated the thing he was not clear about was staff indicated it was two and a half feet from the gas pipeline which means that they are two and a half feet over. He wondered if anyone has counted the trees. Regular Andover City Council Meeting Minutes - September 20, 2005 Page 6 He thought they were talking 130 feet which means they are talking three or four trees within a two foot range going over that distance. Mr. Berkowitz stated they looked at a couple different options. With moving the sewer over a little bit, they found there would be six trees affected. rfthey do move it further over and center it within the twenty foot easement, there are several more trees but there are not any trees over six or eight inches. Councilmember Orttel wondered why they do not allow them to move the pipe over into the easement then. Mr. Berkowitz stated the original proposal shows it centered. Councilmember Trude stated when she looked at the building pad proposed, it is almost a 1,456' foundation, if they went to 1,000' or 1,300', how much would they have to shave off to make it work and do a two story house instead of a rambler because it does not decrease the value of the homes. She stated they normally are not looking at the size of house that could go on the pad; they are looking at the requirements oftheir code. They are not rezoning this to R-4, so do their landscaping requirements automatically apply or because it is a PUD, are they going to have to put two trees in the front yard and the black dirt and sod in the backyard or do they need to make that a condition also. Mr. Berkowitz stated they ",-ill have the standard requirements of an R -4 development and then whatever additional requirements the Council puts on as part of the PUD. / Councilmember Trude stated this is a PUD and they want to subdivide it into four lots for single family homes but it is still a PUD. Does their Building Department have authority or should they make it a requirement of the PUD. City Attorney Hawkins stated he would make it a condition of the PUD. Councilmember Trude thought they should have a condition that it should meet the requirements of their typical residential home developments because they cannot assume that right now. Councilmember Trude stated on the other question the developer brought up the last time, he made a statement that they have never made anyone do this before and she was thinking vividly about the discussion they had with the people adjacent to Miller's Woods. She thought they had a history of having allowed some buffering between a neighborhood and a new use. Mr. Neumeister stated they have seven or eight developments where they have asked for some plantings and landscape buffering. Mr. Neumeister named Miller's Woods, Constance Corners, and Woodland Sixth along the main entrance road, County Oaks West along the railroad tracks and main road, Nature's Run, Hanson Builders townhomes and the Crosstown Meadows development. They have all had trees added or additions made to buffering requirements. Mayor Gamache thought a majority of the developments mentioned had two different types of zonings. , / Councilmember Orttel thought the resolution required that the building pad for lot four be moved to the north to allow room for the sewer line to be moved north which does not specify any amount so it could be moved anywhere but where is this not in compliance with what they asked. Mr. Neumeister stated when they look at Condition 8, to save as many trees as possible along the south lot line, he Regular Andover City Council Aleeting Minutes - September 20, 2005 Page 7 had the intent of the Council to do their best and try to move the sewer to the north and save some of the trees and right now they will not save any of the trees if they do what the developer is proposing. Councilmember Orttel wondered if there was some talk about tree replacement if they werc removed. Councilmember Trude stated it was not in thc resolution. Mr. Neumeister stated this was discussed at the last meeting but not includcd because they indicated they would try to move the line as far as they can to save as many trees as possible. Councilmember Trude stated they could give the developer that option and say they want to have an xx number buffer. Councilmember Orttel wondered how they would do that. They are taking a twenty foot easement. He wondered if they could allow him to set it off side and put it up close to the easement which would save some trees in there. Councilmember Orttel wondered if the City would allow the developer to plant some trees within the easement. Mr. Berkowitz stated they suggested that ifthere are replacement trees, that they could look at planting trees within a couple offeet of the property line and then it is not directly over the pIpe. / Councilmember Jacobson did not think they would be saving a lot of the trees and they are mostly scrub. Motion by Orttel, Seconded by Knight, to rescind the previous motion approving the preliminary plat. Motion carried unanimously. (Resolution RI68-05) Motion by Jacobson, Seconded by Knight, to approve the resolution as presented and to change item one under the Now Therefore it Be Resolved to read "The preliminary plat shall conform to the plans revised 8/16/2005 and stamped received by the City of Andover 8/18/2005". Items two, three, four, five and six remain the same. Items seven and eight would be deleted. Item nine would be renumbered to conform and to add two new items at the end. First one "The PUD shall meet all the requirements of an R-4 District" and "Trees will be planted on the south side of lot 4 to be determined as to the number and location by the City Forester." Motion carried unanimously. (Resolution RI69-05) Mr. Dickinson stated the memo indicates approval ofthe final plat. He wanted to make sure this is just a reconsideration of the preliminary plat. The Council agreed. Mayor Gamache wondered why they would have reviscd the sewer line with the manhole. Mr. Berkowitz explained they had discussions with the developer where this was changed but staff did not like this. / SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting for October 4, 2005 at 6:00 p.m. Motion carried unanimously. Regular Andover City Council ~Meeting J.Jinutes - September 20, 2005 Page 8 SCHEDULE OCTOBER COUNCIL WORKSHOP-MISCELLANEOUS BUSINESS ITEMS ilfotioll by Knight, Seconded by Jacobson, to schedule a Special Council Workshop for Tuesday, October 25,2005 at 7:00 p.m. Motion carried unanimously. SCHEDULE COUNCIL WORKSHOP - RURAL RESERVE PLANNING The Council is requested to schedule a Special Council Workshop for the purpose of discussing how the rural reserve planning process will be completed. Councilmember Jacobson and Knight indicated they could not make this meeting. Mayor Gamache wondered ifthey could fit this item into several ofthe workshops. Mr. Dickinson stated that could be done. \ J ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on the Community Center Grand Opening, 2006 Budget Progress, significant city department activities and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Horse Situation in Andover) - Councilmember Knight stated regarding the letter with the horse situation he wanted to make sure they deal with it. Councilmember Orttel stated he left word that they will look into it. He thought this may be something that needs to be looked at. I (Monthly Sheriff's Report) - Councilmember Jacobson stated every month they have someone from the Sheriff s Department come and update the Council on the monthly service report. He wondered if they really need to be at the meeting since they do have the written report because it does take time out of their schedule and he wondered if there was a reason that someone needs to do this. Councilmember Orttel stated it is nice to have that report but also could be showing the Sheriff's presence in the community. Councilmember Trude wondered if they could have a report done quarterly instead of monthly. Mayor Gamache stated it gives them an opportunity when something comes up to address an issue. He thought once a month was good. Regular Andover City Council A1eeting Minutes - September 20, 2005 Page 9 (Vikings Stadium Issue) - Councilmember Jacobson stated with all of the talk about the Vikings Stadium, he wondered if they should take a united stand on this issue if it goes to the Legislature. Mayor Gamache stated there is a Sensible Land Use Coalition meeting on September 28, 2005. He assumed it is whatever they have agreed to. Councilmember Jacobson wondered if the Legislature does reconvene, could staff bring this up to the Council so they could decide what they want to do if anything. Councilmember Trude thought they would be hearing things. She thought the County Commissioners will get some feedback from the community. Councilmember Jacobson thought if the Legislature got some feedback from the cities, it would be helpful for them considering the issue. Councilmember Orttel indicated he was a little reluctant to get involved in issues that are not the City's issues. . / (Crosstown Repairs) - Councilmember Trude stated she has received a letter from a resident regarding Crosstown improvements and other residents' concerns that the road was not improved throughout after the closure. Mr. Berkowitz stated the money that was spent was by the developers and the City did not spend any money for the road improvements. He indicated the road would be improved when the developments continue to go in. (Intersection Improvements on Crosstown and Nightingale) - Councilmember Orttel wondered what was happening with the intersection of Crosstown and Nightingale because that is a dangerous intersection. Mr. Berkowitz indicated there will be a bypass lane but at this time the intersection will not be improved. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 8:10 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary