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Home My WebLink AboutCC October 4, 2005 ~NDbVE~ \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 4, 2005 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/6/05 Regular, Cont., 9/20/05 Regular; 9/15/05 Special; 9/22/05 Emergency Mtg.) / Consent Items 2. Approve Payment of Claims - Finance 3. Authorize Preparation of Water Emergency & Conservation Plan/05-54 - Engineering 4. Declare Costs/Order Assessment RoIU05-49/14063 Crosstown Boulevard NW /WM - Engineering 5. Waive Public Hearing/Adopt Assessment Roll/05-49/14063 Crosstown Boulevard NW/WM- Engineering 6. Approve Change Order #1/04-32 & 04-33/Crosstown Boulevard Intersection Improvements -Engineering 7. Approve Change Order #2/04-32 & 04-33/Crosstown Boulevard Intersection Improvements -Engineering 8. Declare Costs/Order Assessment Roll/04-32/Crosstown Boulevard NW & Xeon Street NW/Intersection Improvements - Engineering 9. Declare Costs/Order Assessment RoIU04-34/Whispering Acre - Engineering 10. Receive Assessment Roll/Order Assessment Hearing/05-2/2005 Overlays - Engineering II. Approve Change Order #2/04-46/Hanson Boulevard Trail- Engineering 12. Accept Petition/Order Feasibility Report/05-53/13788 Quinn Street NW/WM - Engineering 13. Accept Feasibility Report/Waive Public Hearing/05-53/13788 Quinn Street NW/WM - Engineering 14. Approve Change Order #9/02-27/Communtiy Center - Administration 15. Approve Final Plat/Grey Oaks 2nd Addition - Planning 16. Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2005 Delinquent Utility Service Charges & Mowing Fees - Finance \ Discussion Items 17. Public Hearing/Consider Final Adoption of Various Code Revisions--Planning 18. Consider Lot Split/I7714 Bluebird Street NW - Planning 19. Approve Budget/Storm Related Damage - Administration Staff Items 20. Schedule EDA Meeting - Administration 21. Administrator's Report - Administration Mayor/Council Input Adjournment J 5'\NDbVE~ ~~u-.J: cu:U . .-- Ll~ 10-1& /():J / REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 4, 2005 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 4, 200S, 7:00 p.m., at the Andover City Hall, 168S 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 j RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Remove from Consent Items for discussion Item IS, (Approve Final Plat/Grey Oaks 2nd Addition). Motion by Knight, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES September 6, 2005, Regular Meeting: Correct as written. September 20, 2005, Regular Meeting: Correct as amended. September 15, 2005, Special Meeting, Correct as amended. September 22, 2005, Emergency Meeting, Correct as written. \ ) Motion by Jacobson, Seconded by Trude, approval of the September 6, 200S Regular Minutes as indicated above. Motion carried unanimously. Councilmember Jacobson stated on page 7 of the Regular minutes, the second motion, there is an Regular Andover City Council Meeting Minutes - October 4, 2005 Page 2 item which should state "PUD" instead of f*l<l. Councilmember Trude stated she had a minor change on page 9. She stated they were talking about the Viking Stadium and where she said "they will get some feedback from the community, she meant "County Commissioners". Motion by Trude, Seconded by Orttel, approval of the September 20, 200S Regular Minutes as indicated above. Motion carried unanimously. Councilmember Jacobson stated on page 3, the fIrst sentence should read "...all sources are not enough to reach the tools goals needed... On page 4, the fourth paragraph should read "...about putting in ~ security light for the Tot Lot. On page 6, third paragraph from the bottom should read "...is concerned that in the past the City has received large small parcel park dedications. Councilmember Trude stated she had some name corrections. On page 2 the name should be "Joe Dietz spoke on behalf of Andover Baseball Association" and on page S, the man who spoke on behalf of the Rotary is "Scott Brenner". Motion by Trude, Seconded by Knight, approval of the September IS, 200S Special Meeting Minutes as indicated above. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, approval of Emergency Meeting Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item S Item 6 Item 7 Item 8 \ Item 9 J Item 10 Item 11 Approval of Claims Authorize Preparation of Water Emergency & Conservation Plan/OS-S4 Declare Costs/Order Assessment Roll/OS-49/14063 Crosstown Boulevard NW IWM (See Resolution RI70-0S) Waive Public Hearing/Adopt Assessment Roll/OS-49114063 Crosstown Boulevard NWIWM (See Resolution RI71-0S) Approve Change Order #1/04-32 & 04-33/Crosstown Boulevard Intersection Improvements (See Resolution RI72-0S) Approve Change Order #2/04-32 & 04-33/Crosstown Boulevard Intersection Improvements (See Resolution RI73-0S) Declare Costs/Order Assessment Roll/04-32/Crosstown Boulevard NW & Xeon Street NWlIntersection Improvements (See Resolution RI74-0S) Declare Costs/Order Assessment Roll/04-34/Whispering Acre (See Resolution RI7S- OS) Receive Assessment Roll/Order Assessment Hearing/OS-2/200S Overlays (See Resolution RI76-0S) Approve Change Order #2/04-46/Hanson Boulevard Trail (See Resolution Rl77 -OS) Regular Andover City Council Meeting Minutes - October 4, 2005 Page 3 Item 14 Item 16 Accept Petition/Order Feasibility ReportlOS-S3/13788 Quinn Street NW/WM (See Resolution RI78-0S) Accept Feasibility ReportlWaive Public Hearing/OS-S3/13788 Quinn Street NW/WM (See Resolution RI79-0S) Approve Change Order #9/02-27/Community Center Declare Costs/Order Assessment Roll & Schedule Public Hearing for 200S Delinquent Utility Service Charges & Mowing Fees (See Resolution RI80-0S) Item 12 Item 13 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE FINAL PlAT/GREY OAKS 2ND ADDITION The [mal plat is found to be substantially in compliance with the preliminary plat and applicable ordinances. The attached resolution itemizes the remaining steps before the final plat can be released to be recorded at Anoka County. " Councilmember Jacobson stated in the Resolution item one should include in parenthesis "as revised on September 20, 200S", which would correct the problem on the resolution. Motion by Jacobson, seconded by Orttel, to adopt the attached resolution approving the final plat. Motion carried unanimously. (Resolution R181-0S) CONSIDER LOT SPLIT/17714 BLUEBIRD STREET NW Community Development Director Neumeister explained the property is a corner lot that contains an existing house and accessory structure and is located at the intersection of Bluebird Street NW and Ward Lake Drive. Mr. Neumeister discussed the staff report with the City Council. Councilmember Knight stated he had a problem with this because neither of the lots meet the requirements and he did not think that was the intent of the Council when they passed the changes in City Code. He stated the way it is written, they may as well put it into an Ordinance. Why have an exception. He noted it was a standard rectangle and there are no mitigating circumstances so he did not see a reason for it. \ J Councilmember Trude wondered if on the Makah property, one of the lots met the requirements and the other one was slightly off. Councilmember Knight stated he was not under the assumption if both lots would qualify when they passed that. Mr. Neumeister read from the City code 12-34. Regular Andover City Council Meeting Minutes - October 4, 2005 Page 4 Councilmember Knight stated this lot is a rectangle and if they approve this, it will apply to all rectangles in the future. Councilmember Jacobson stated he understood what Councilmember Knight was saying but they have to go by the ordinance as it is written today. He stated they could change the ordinance to say "one lot has to meet the minimum of the zoning district it is in and the other one can be at ninety percent." He stated this could be changed for the future but right now if they meet the criteria that is in the ordinance, he did not know any legal basis to deny it. Councilmember Orttel stated the object of this was in the rural areas there were large lots that had rights-of-ways taken away so it made their lots under the minimum required for the lot split. He stated part of the reason was that they allowed variances for developers but not for individual home owners. Councilmember Trude stated she remembered a residential in an urban area also, Andover Blvd and Bluebird Street, had an existing home where they did a lot split but she was not sure if they both met their standards or not. She knew one of them was short and they may have both been short. She thought they would have to look at how they have been applying it. Mayor Gamache thought this fit in the conditions of the ordinance and the Planning Commission had some issues with this split also but could not fmd a reason to recommend denial for this. Councilmember Orttel wondered if the buildability of these lots could be met to handle a septic system. Mr. Neumeister stated this was discussed at the Planning Commission and checked by the Engineering Department. Councilmember Orttel wondered if the soil conditions would allow a septic system to be installed and work properly. He stated if those conditions are there they should be met before they approve this lot split. Councilmember Orttel stated his concern is if they can approve the split of a parcel that is not buildable. Mr. Simonson stated they did not have borings done in this case and he did discuss this with Mr. Bednarz. In these conversations he was told the builder could take responsibility for this when they decide where the house would be because there is enough room to put a house and a septic system in. Motion by Jacobson, Seconded by Orttel, to approve the proposed lot split with adding the lot split is subject to the suitability of both parcels to provide for adequate sewage disposal areas and soil suitability. : Mr. Roger Anderson, 1452 Ward Lake Drive, stated the reason the lots are so deep is because the land is so low in the middle. Ifthey were to build something on it starting on the west side and going I Regular Andover City Council Meeting Minutes - October 4, 2005 Page 5 east, it is about four feet lower than the road. If they are going to start splitting lots, there are a lot of lots in the area that can be split that are a little over four acres. He thought this would cause many people to come forward to try to split their lots. He did not see a problem with it once there would be sewer and water but felt it would be too small for septic. Ms. Nancy Mooney, 17744 Bluebird Street NW, stated when they built their home about 31 years ago, they built with the idea to have neighbors but also have their privacy. She felt that in making the new contingency of 2 - 1/8 acre does not have to do with their established neighborhood but having to do with new construction from a contractor who has now bought the sod fields. She thought this was a whole different ball game and the sod fields would have sewer and water before they wilL She did not think this is a small issue to say she did not like it along with several other neighbors. She would like to keep things the way they are and she did not think this would increase the value of her property. She thought this sets a precedent economically that she is opposed to. Mr. Paul Miller, 1519 Ward Lake Drive, stated he agreed with Mrs. Mooney and felt this would devalue his property. Councilmember Jacobson stated the reason he made the motion is because this is what the ordinance / says. He stated if they said no, they would have to justify why and he did not see any reasons why they could deny this. Ms. Kathryn Miller, 1519 Ward Lake Drive, stated when the ordinance was changed a few years ago, it was for a specific reason. She thought they needed to have this reviewed for grandfathering in of established neighborhoods. She thought it would only be fair to the other homeowners in the area who cannot split their lots because there would only be one access to not grant this split. Councilmember Trude stated in the staff report there is reference to the road easement but there is no road easement that they are concerned with that affects this lot split. Mr. Neumeister stated the comment about the road easement in the staff report is if it subtracts but area which it does not. He stated road easements count towards the lot area. Councilmember Orttel stated in the minutes from 1984, the reason this was withdrawn was because the property did not have a road easement in 1984. After the road easement was acquired for Bluebird and the Ward Lake reconstruction, that gave them road easement and that is why it came back. Councilmember Trude did not think they had a choice but to approve this because of their ordinance and the neighborhoods it has been applied to do not look much different than this one. Mr. Anderson stated there is obviously no legal reason to deny this but he was wondering about the compaction tests and other tests. This particular end of the property is very low and he felt they should have the property tested before approval for drain field compatibility. Mayor Gamache stated they did include the condition in the motion and ifit does not meet the condition, the lot will not be split. , I Regular Andover City Council Meeting Minutes - October 4, 2005 Page 6 Mr. Pat Hanley wondered about the people who had five acres who were not allowed to split their lots a few years ago. Councilmember Trude thought some of those people were coming back now for lot split approval. Motion carried unanimously. (Resolution RI82-0S) Councilmember Knight stated this is a flawed ordinance and he would like to see this looked at again. Councilmember Jacobson stated if they change this to require that one lot would have to meet all of the requirements and the other meet some of the requirements, this would solve the problem. APPROVE BUDGET/STORM RELATED DAMAGE City Administrator Dickinson made a presentation to the Council on storm clean up progress and the cost related to the clean up. ~ Jfotion by Jacobson, Seconded by Trude, to authorize the use of reserves to fmance the storm clean up with an initial budget of $SO,OOO. Councilmember Orttel thought this would come to $60,000 to $70,000. He wondered if there is a reason why they are limiting this. Mr. Dickinson stated at this point they would like to see how this shakes out based on the timing. They do have a significant amount of equipment and have decided to go with more equipment up front because if they can do it in a quicker time frame, they could probably do it at less cost. He stated they now have MnDOT assisting in the clean up process. Councilmember Orttel wondered if the County is helping in the city cleanup. Mr. Dickinson stated they are continuing to clean up the County roads. Councilmember Orttel wondered what will happen when the County closes the compost site. Mr. Dickinson stated this site will still be open but they are changing their hours. Councilmember Orttel wondered if the city is going to provide any type of debris clean up for the residents. Mr. Dickinson stated the waste disposal companies are usually pretty flexible and the residents should call their disposal company to pick up debris other than trees. Motion carried unanimously. PUBLIC HEARING/CONSIDER FINAL ADOPTION OF V ARlOUS CODE REVISIONS Community Development Director Neumeister stated the Council is requested to hold a public hearing and review the final form of all proposed changes from various sections of the City Code that have been reviewed at eight different Council meetings since June 7, 2005. Regular Andover City Council Meeting Minutes - October 4, 2005 Page 7 Revision #2 through #4 - approved Revision #S Councilmember Knight thought they put a time limit on changing the street names. Mayor Gamache thought they based it on what the Post Office will do as to how long they will still deliver to the old address before it becomes permanent. Councilmember Trude thought they should add a number 4, procedure; the new street name will take effect one year or six months after it is proposed. Mr. Dickinson stated street name changes do create some havoc on technical programs such as Mapquest and address searches. Councilmember Trude thought they should conform to what the Post Office goes by. Revisions #6. 7 and 8 - approved Revision #9 and 10 - approved Revision #12 through 24 - approved Revisions 2S. 26. 27. 28 and 31 Councilmember Jacobson stated the wording did not make sense because it is almost impossible to shield a light source from the public or neighbors in certain districts. He understood the intent but did not think the wording is correct. He thought staff should look at the wording and bring it back. Revision #29 - approved Revision #30 and #33 Councilmember Trude stated she brought up the issue of backyard sheds sitting in front of houses on a cul-de-sac. She has seen this in all of the new developments. She thought the shed would need to be screened or could not be built forward of the home on the street. She thought in that case the setback could be increased also. Councilmember Orttel wondered if they limited the distance from the street a shed could be. Mr. Neumeister stated the ordinance is reflecting this. Councilmember Trude thought the they could have staff review this and bring it back. , , Revision #34 through #so- approved Revision #Sl Councilmember Jacobson stated in several places and locations, it referred to an R-S Zoning District, / Regular Andover City Council Meeting Minutes - October 4, 2005 Page 8 which is manufactured housing. They do not have an R-S District in the City as far as he has been able to determine. Also, when they reduced all the stuff down, they put it in the graph form, there are some questions about R-S and he wondered if there was a Supreme Court or some other decision indicating they had to have a manufactured housing section. City Attorney Hawkins stated the City was previously involved in litigation regarding this and the Supreme Court ruled that they had to have an R-S Zoning District. He stated it was also codified by State law that they cannot exclude manufactured home parks from communities. Even though they do not have that specific area zoned R-S in the City, they do need to make provision in the Zoning Ordinance so if someone wanted to make application in a certain area, they would have the ability to do that. Councilmember Jacobson stated if that is true, looking at the R-S designation, when they think of manufactured housing, they think about homes. He stated there are many items listed under R-S but no residential. He wondered if they could keep an R-S designation strictly housing without all of the other uses which would be totally incompatible with a small lot district. Mr. Neumeister stated the items on the list were previously listed as conditional uses in R-S and the entire zoning district. Councilmember Jacobson stated there are a lot of items listed that he did not think belonged in a residential district. The Council discussed the different items and thought some of the items could be assigned to different classifications instead of allowed in all zoning districts. Mr. Neumeister thought the Council may want to hold this item back to review the listed items for changes. Councilmember Jacobson stated he brought this up so the Council could look at these to see if they should be included elsewhere. Councilmember Trude stated of the items listed, she would not want to see many of these listed in the RI-RS Zoning Districts. She thought they could pull antennas out of the Residential Zones. Mayor Gamache thought it depended on what it was used for. Councilmember Orttel thought they would be used for cell phones on top of buildings or other structures which would not be a problem. Councilmember Trude thought this could be left in. Councilmember Trude thought Area Identification Signs in all projects five acres or more would be neighborhood signs and would not be a problem to have left in. Councilmember Trude wondered what they would do with the blacktop crushing plant. She did not think this was something that should be included in all residential zones. Councilmember Orttel thought they could put this as a temporary use for local construction. \ Councilmember Trude did not think commercial animal training in the urban areas seemed appropriate. Councilmember Knight thought this would be training horses or dogs. Councilmember Trude thought they could take this out ofR-4 and could go on the bigger lots. Councilmember Trude thought excavation is dealing with homes being replaced. Regular Andover City Council Meeting Minutes - October 4, 2005 Page 9 Councilmember Trude stated the Marquees of any type with or without signs, she would not like to see that in R-4 but it could be on a 2 Yz or 3 acre lot. Mayor Gamache stated that was taken out. Councilmember Trude stated PUD's are already allowed and public utility structures are needed so they could go anywhere. Real Estate signs over thirty feet should be done on a case by case basis. She thought they would just pull the Conditional Use Permit for the Black Top Crushing plant. If this is pulled out of residential districts and just made temporary, everything else would be correct. Revision #53 through #61 - approved Revision #69 through 73 - approved Revision #74 Councilmember Trude wondered regarding Commercial Site Plan Review at what point would the Council be able to be involved in the process. Councilmember Jacobson thought this was decided that when staff reviewed the commercial site plan to notice the Council that was happening so if they wanted to come in and look and listen, they could. Councilmember Trude stated this was not in the ordinance and she wondered if they should include this. Councilmember Jacobson thought they told staff to notice them on Commercial Site Plan Reviews. Revisions #75 through #80 and #83 - approved Motion by Jacobson, Seconded by Trude, to open the public hearing at 8:45 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Jacobson, to close the public hearing at 8:46 p.m. Motion carried unanimously. Motion by Orttel, Seconded by Jacobson, to adopt the summary ordinance with the changes listed in discussion. Motion carried unanimously. Motion by Orttel, Seconded by Jacobson, to adopt the ordinance modifying and updating various sections of the City Code affecting Residential, Commercial and Industrial Properties deleting part of the second whereas after "items" but including the last sentence in the paragraph. Motion carried unanimously. (Ordinance No. 314) \, ; / Councilmember Trude suggested yard maintenance issues be an item at a workshop. Regular Andover City Council Meeting Minutes - October 4, 2005 Page 10 SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for October 18, 200S at 6:30 p.m. Motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on the 2006 budget progress, significant city department activities and miscellaneous projects. Motion by Trude, Seconded by Jacobson, to schedule a City Council workshop for October 17, 200S at 3:00 p.m. to tour various cities for the rural reserve development. Motion carried unanimously. Motion by Trude, Seconded by Gamache, that the City Administrator and Mayor work on obtaining a retail service window at the local Andover US Post Office facility to enhance customer service. Motion carried unanimously. " 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 (Storm Cleanup) - Mayor Gamache stated they received a letter from Connexus Energy thanking the City for all their help during the storm. He thanked Connexus Energy for all they did to get the power going again. He also thanked the staff for all their hard work after the storm. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9: 11 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary ;' . , / REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 4,2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM .......................................... ................................. .............. .......... .... ...........1 AGENDA APPROVAL .............................................................................................................1 APPROVAL OF MINUTES.......................................................................................................1 CONSENT ITEMS Approve Payment of Claims.... ................ ....................................................... .............. ........2 Authorize Preparation of Water Emergency & Conservation Plan/OS-S4 ...........................2 Resolution R170-0S declaring Costs/Order Assessment Roll/OS-49/14063 Crosstown Boulevard NW IWM....................................... ............................................. ....... .... .... ......2 Resolution R171-0S waiving Public Hearing/Adopt Assessment Roll/OS-49/14063 Crosstown Boulevard NW IWM ................... ......................... .............. ............ ............ ...2 Resolution RI72-0S approving Change Order #1/04-32 & 04-33/Crosstown Boulevard Intersection Improvement ......... ........ ....... ............................................... ........ .............. ...2 Resolution R173-0S approving Change Order #2/04-32 & 04- 33/Crosstown Boulevard Intersection Improvements.............................................................. ..... ... ................... ......2 Resolution R174-0S declaring Costs/Order Assessment RoW04-32/Crosstown Boulevard NW & Xeon Street NW /Intersection Improvements .......................................................2 Resolution RI7S-0S declaring Costs/Order Assessment Roll/04-34/Whispering Acres......2 Resolution R176-0S receiving Assessment Roll/Order Assessment Hearing/OS-2/200S Overlays...................................................................................... .....................................2 Resolution R177-0S approving Change Order #2/04-46IHanson Boulevard Trail..............3 Resolution R178-0S accepting Petition/Order Feasibility ReportlOS-S3/13788 Quinn Street NW IWM ................................................................................................................3 Resolution R179-0S accepting Feasibility Report/Waive Public Hearing/OS-S3/13788 Quinn Street NW IWM ........... ....................... .................................. ......... ........ .................3 Approve Change Order #9/02-27/Community Center..........................................................3 Resolution R180-04 declaring Costs/Order Assessment Roll & Schedule Public Hearing For 200S Delinquent Utility Service Charges and Mowing Fees ....................................3 APPROVE FINAL PLAT/GREY OAKS 2ND ADDITION Motion to Approve Resolution R181-0S ...............................................................................3 CONSIDER LOT SPLIT/17714 BLUEBIRD STREET NW Motion to Approve Resolution R182-0S ...............................................................................3 APPROVE BUDGET/STORM RELATED DAMAGE Motion to Approve .......................................................,........................................................6 PUBLIC HEARING/CONSIDER FINAL ADOPTION OF VARIOUS CODE REVISIONS ..6 Motion to Open Public Hearing.............................................................................................9 Motion to Close Public Hearing ............................................................................................9 Motion to Adopt Summary Ordinance ..................................................................................9 Motion to adopt Ordinance 314.............................................................................................9 SCHEDULE EDA MEETING ...................................................................................................1 0 ADMINISTRATOR'S REPORT ...............................................................................................10 Regular Andover City Council Meeting Minutes - October 4, 2005 Table of Contents Page ii MAYOR/COUNCIL INPUT Storm Cleanup .......................................................................................................................10 ADJOURNMENT ......................................................................................................................1 0 . , J