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HomeMy WebLinkAboutCC November 15, 2005 " ~NDbVE~ , / 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, November 15,2005 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum 1. Badge PresentationIFire Department Agenda Approval 2. Approval of Minutes (11/1/05 Regular) Consent Items 3. Approve Payment of Claims - Finance 4. Order Plans & Specs/05-57/University Avenue NW/Mill & Overlay - Engineering 5. Approve Final Plat/Sophie's South/Crosstown Blvd. & Xeon Street - Planning 6. Acknow ledge Resignation/Administration Department - Administration 7. Accept Petition/Order Feasibility Report/05-58/3532 - 135th Avenue NW/WM - Engineering 8. Approve LMCIT Liability Coverage - Finance 9. Authorize DNR FireWise Grant Application SubmittaU05-59 - Engineering Dis-cussion Items 10. Receive Anoka County Sheriffs Department Monthly Report - Sheriff II. Reconsider Side Yard Setback Variance/1511 - 138th Lane NW - Planning 12. Consider Comprehensive Plan AmendmentlRevise Transitional CommerciaUlndustrial- Planning 13. September Storm UpdatelBudget Adjustment - Administration Staff Items 14. Schedule EDA Meeting - Administration 15. Schedule December Council W ork5hop - Administration 16. Administrator's Report - Administration Mayor/Council Input Adjournment \ j ~ Q..,(y UJ~ 1;;l.-Io-oS I Regular Andover City Council Meeting Minutes - November 15, 2005 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -NOVEMBER 15, 2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 BADGE PRESENT A TlONIFIRE DEPARTMENT.................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R202-0S ordering Plans & Specs/OS-S7/University Avenue NWlMill & Overlay.................. ............................................ ........................................ ........ .............. 2 Acknowledge Resignation/Administration Department ............................... ....................... 2 Resolution R203-0S accepting Petition/Order Feasibility Report/OS-S8/3S32 - 13Sth Avenue NW fWM ....... ............................... ........................... ........................................... 2 Approve LMCIT Liability Coverage ................................................................................... 2 Authorize DNR FireWise Grant Application Submittal/OS-S9 ........................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received.................................. ............ ................................. ............................ ............... ...... 2 RECONSIDER SIDE YARD SETBACK VARlANCElI511-1381HLANENW Motion to Reconsider........................................ ................................... ................................. 3 Motion to Rescind (RES. R 204-0S) ................................................................................... 4 Motion to Deny (RES. R20S-0S) ........................................................................................ S APPROVE FINAL PLAT/SOPHIE'S SOUTII/CROSSTOWN BOULEVARD & XEON STREET Motion to adopt (RES. R206-0S) ........................................................................................ 6 CONSIDER COMPREHENSIVE PLAN AMENDMENT/REVISE TRANSmONAL COMMERCIALlINDUSTRlAL ........................................................................................... 8 SEPTEMBER STORM UPDA TEIBUDGET ADJUSTMENT Motion to authorize.... .............................. ........ ................................. ......................... ........... 9 SCHEDULE ED A MEETING.......... .......................... ................ .............. ...................... ........... 9 SCHEDULE DECEMBER COUNCIL WORKSHOP .............................................................. 10 ADMINISTRATOR REPORT .................................................................................................. 10 MAYOR/COUNCIL INPUT Structure on Andover Boulevard Near the Railroad Tracks ................................................. 10 ADJOURNMENT ...................................................................................................................... 10 ~NDbVE~ REGULAR ANDOVER CITY COUNCIL MEETING -NOVEMBER 15, 2005 MINUTES The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 15, 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, Barry Sullivan Fire Chief, Dan Winkel City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. BADGE PRESENTATION/FIRE DEPARTMENT Fire Chief Winkel introduced the three new Fire Fighters to the Council and presented them with their badges. Chief Winkel introduced Dale Mashuga, who has been with the Fire Department for 26 years. AGENDA APPROVAL Remove from Consent Items for discussion Item 5, (Approve Final Plat/Sophie's South/Crosstown Boulevard & Xeon Street). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried nnanimously. ,. Regular Andover City Council Meeting Minutes - November 15, 2005 Page 2 APPROVAL OF MINUTES November 1, 2005, Regular Meeting: Tabled. CONSENT ITEMS Item g Item 9 Approval of Claims Order Plans & SpecslOS-S7/University Avenue NW /Mill & Overlay (See Resolution R202-0S) Acknowledge Resignation/Administration Department Accept Petition/Order Feasibility ReportlOS-S8/3S32 -13Sth Avenue NW/WM (See Resolution R203-0S) Approve LMCIT Liability Coverage Authorize DNR FireWise Grant Application Submittal/OS-S9 Item 3 Item 4 Item 6 Item 7 Motion by Trude, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson stated because of the action of the legislature on the medicine you can buy to make Meth, the Meth arrests are down and he wondered if the Sheriff's Department was finding that to be true. Captain Jenkins thought they were fmding it true all over the service area. He thought it would have a direct impact on the availability of the precursors and the chemicals required to manufacture the Methamphetamine. He stated it really does help. Councilmember Knight wondered what kind of assault was in the report because the numbers were up. Captain Jenkins stated there are different assaults. It would be two unrelated people who got into a fight. City Attorney Sullivan stated they have had a couple of instances recently of people going through the recycle center early in the morning looking for items to use for identity theft. He thought they could have a sign posted indicating the hours of operation. Captain Jenkins stated people could purchase a shredder to destroy their documents so there is less chance of having identity theft. Councilmember Orttel noticed that D Wi's have gone up considerably and he wondered if they have more time to patrol now than they used to. Are they at the point where they have enough officers. Captain Jenkins stated they are still trying to reach the forty to fifty percent undedicated time where officers are going to be out there not responding to calls and being proactively patrolling. He stated Regular Andover City Council Meeting Minutes - November 15, 2005 Page 3 they have also conducted several Safe and Sober Initiatives that have involved the city limits of Andover and with that they have more eyes out on the street. RECONsmER SIDE YARD SETBACK VARIANCE/I511-13STH LANE NW Motion by Gamache, Seconded by Knight, to reconsider the Sideyard Setback Variance at lS11- 138th Lane NW. Motion carried 4 ayes, 1 nay (Jacobson). City Planner Bednarz explained at the November 1, 200S City Council meeting, the Council reviewed a variance request from Patrick and Susan Fugina to build a two-car garage within their lot's 3S-foot side yard setback. The City Council approved the variance request by a 3-2 vote. However, based on testimony given at the meeting, this variance may be reconsidered based on new information. The chief concern is whether or not the applicants accurately represented the neighbors' feelings about the variance. Mr. Bednarz discussed the staffreport with the City Council. Mayor Gamache wondered if there was information on the house on Eagle Street where they built a garage on their side yard. Mr. Bednarz stated the variance request in Fox Hollow was to build a garage attached to an existing garage with a 3 S foot setback. He noted only the corner of the garage entered into the setback area Councilmember Jacobson stated the reason they are revisiting this is he did not think there was any change in the information but the neighbors felt they were misrepresented at the hearing at the last meeting. He would like to hear what the neighbors have to say because this is something he takes into consideration along with other factors. He did not vote in favor of the variance but it did pass. The idea that the next door neighbors would rather not have the garage as far forward as the variance would allow is between the two property owners and the decision was made based on the best evidence on the property and everything else and he felt it best be handled between the two neighbors. He thought there was a question about the misrepresentation of the property owner views about the variance and that is the only thing that is different from what they addressed last time. Mr. Bednarz showed the graphic from the variance in Fox Hollow. Mr. Patrick and Mrs. Susan Fugina appeared before the Council for questions. Mayor Gamache stated he asked at the last meeting if everyone in the neighborhood was fine with this but the neighbors next door were not consulted to see if this was something they approved of. Councilmember Knight asked if this is the same variance that would have been three years ago. Mr. Fugina stated it was their understanding at the time that they would build 3S feet from the street so the variance they were looking at three years ago would have been to build the building closer to the street than what they are seeking now. Regular Andover City Council Meeting Minutes - November 15, 2005 Page 4 Mrs. Fugina noted on the petition, the second to the last person on the list, Kathy Larson, wanted to remain neutral and have her name taken off the list. She stated they did not mean to misinterpret their neighbors' feelings and wishes. They thought their concerns were addressed. Mayor Gamache wondered if there were any issues with having two driveways running onto the same street Mr. Bednarz stated typically the Engineering Department looks at two driveway requests and he thought they looked at this and did not have a problem with it. Mr. Fugina stated they have a letter from the Engineering Department indicating they are in favor of the second driveway as long as the loop in the first driveway is removed. Mr. Steve and Mrs. Sue Hendrick, 13934 Drake Street, appeared before the Council. Mr. Hendrick stated they are not in favor of the variance and did not sign a letter in favor of the variance this year. They would prefer this to be built within the ordinance and it seemed unfair to use them as a hardship. They did discover that it did not overshadow their pool and they did talk to realtors about the resale of their home and did not think this would benefit the sale of their home. He did not think the Council was aware of the layout of the properties and where the garage would sit on the property. Mrs. Hendrick stated the variance would be undesirable to them and hurt their resale value and they thought for subsequent owners and the City. They have never seen an instance like this where the garage was built out so far in front of the neighboring property. Mr. Hendrick did not feel this is a hardship because they still have options. He noted that bikes could be stored in a shed and a boat could be put into storage off site. He stated if this is overturned, the Fugina's could still file for a variance with new neighbors. Mrs. Hendrick stated if they build a garage within the ordinance, it will line up more with their garage and look more natural. Mrs. Hendrick stated they changed their mind because they started thinking about moving and they discussed it with a realtor and thought about the resale value of their home. Mrs. Fugina stated when she talked to Mrs. Hendrick about resigning the letter, Mrs. Hendrick indicated her husband was out of town and would get back to them after she discussed this with him and they never heard from her so they were not sure how they felt. Mr. Fugina stated the Hendricks' had the opportunity to go to both meetings to speak and they chose not to and they decided on not wanting them to get the variance after those meetings. Motion by Gamache, Seconded by Trude, to rescind Resolution R201-S, a Resolution approving a variance to reduce the side yard setback from 3S feet to 20 feet for property located at IS11 1381h Lane NW. (RES. R204-0S) Regular Andover City Council Meeting Minutes - November 15, 2005 Page 5 Councilmember Jacobson stated this put him in a quandary because he voted no to the original resolution because he did not want the variance but once it was granted he did not think what he heard tonight changed anything that was decided by the Council at that point. What they have is a dispute between two property owners. He thought they acted properly the first time around and they had the majority rule on the first resolution. Councilmember Trude asked if Councilmember Jacobson wanted to allow the variance to go forward that he did not want to go forward because he did not think it met the code so she wondered how it met code better today than two weeks ago. Councilmember Jacobson thought the Council acted properly when they heard all the information and made a decision and now to rescind that because of a conflict between two property owners over who said what is not proper. Councilmember Trude stated that in the future she would like staff to be a little more cautious on how the packets are put together on these because when she went back and looked at the packet, staff was saying there was a letter from the neighbors and she thought anything that is dated over a year should not be included. She should have asked to see the letter that night because it was referenced repeatedly at the last meeting. She stated this weighed on her to do the right thing for the neighborhood and she was concerned about the precedent. Councilmember Knight stated what struck him was the difference in pictures from the first meeting to this one. He thought the pictures were dramatically different in perspective and he would not have voted for the variance if all the pictures were shown the first time. Councilmember Orttel stated he does not believe anything has changed since the last meeting. He noted in the staff report that they do not want to have to tell potential buyers that this may be going on so either build it to the ordinance or deny the variance. He did not think they should be involved in something like that. Councilmember Trude stated when she heard Mr. Hendricks talk he explained their preference was to have their garage line up with the Fugina's new garage rather than have it sitting way forward whether they sell or not. The motion carried 3 ayes, 2 nays (Jacobson, Orttel). Motion by Gamache, Seconded by Knight, to deny a variance to reduce the side yard setback from 35 feet to 20 feet for property located at 1511 138th Lane NW. (RES. R205-05) Councilmember Trude wondered if they need to make any findings for denial. City Attorney Sullivan stated they did not need to make any findings for denial but it never hurts to specify the findings. Councilmember Orttel stated it was suggested that the hardship had to do with some comments of the neighbors which it did not. The only hardship had to do with the saving of old oak trees on the property so they would have to say that was not a reason for a variance. Councilmember Trude stated there were also comments in the transcript that they would not have Regular Andover City Council Meeting Minutes - November 15, 2005 Page 6 economic use of their property but they can do the garage within the proper setbacks and they do have enough space. Mayor Gamache stated the reason he approved this originally was because of the fact that he was looking to find a way that would work for all concerned. Having a difference of opinion from the neighbors does make a big difference in what he would have done. He stated the pictures were not from the best angle at the last meeting and the garage could also be built within the ordinance. Motion carried 4 ayes, 1 nay (Orttel). APPROVE FINAL PLATISOPHIE'S SOUTH/CROSSTOWN BLVD. & XEON STREET City Planner Bednarz stated the City Council is asked to approve the final plat of the project to be known as "Sophie's South". The final plat is found to be in compliance with the preliminary plat and applicable ordinances. . " Councilmember Trude stated the reason she had this pulled was because when she looked at the plat in the packet, her concern was looking at the map, is the way Wintergreen Street ends. It is not in a cul-de-sac and brings asphalt up to Mr. Holaseks' property. She noted Mr. Holasek provided a sketch plan at the time they were reviewing this and after his comments, she thought staff would somehow have the two sketch plans conform so there would be a logical place for a connection and so it would not put an asphalt street up to a back yard and the other issue that had come forward is this is creating a shortcut through another neighborhood. Mr. Dickinson showed on the map where the permanent cul-de-sac is located abutting Mr. Holasek's property. The Council discussed with staff the cul-de-sac layout and how it would affect the surrounding property. Mr. Winslow Holasek passed out a letter to the Council regarding the opposition of the connection from Wintergreen Street to Yellow Pine Street Mr. Holasek indicated he was not in opposition to Sophie's South plat in general. He stated they are opposed to the connection of Wintergreen Street to their property because this configuration would add a lot of extra traffic to Yellow Pine Street He stated when the street is developed and if it is required to connect 1 520d to Yellow Pine, it would add a significant amount of traffic which would go directly out to Crosstown and would defeat the purpose of spending all of the money to put the turn lanes on Crosstown and Xeon Street. He stated they have several letters to the City Council and Planning Commission regarding this issue along with other developments signing petitions concerned with this. He stated they felt a far better place for a second exit for Wintergreen Street to access Crosstown would be at Avocet Street. He stated they are aware that this is presently a County Road and the County does not currently allow a connection. He stated they are also aware of ., Regular Andover City Council Meeting Minutes - November 15, 2005 Page 7 discussions between the County and City regarding the City taking back Crosstown as a City street and if this were to occur, there would not be any such restriction. Mr. Holasek felt this would be a good connection area because there will be a park across the street for children to use. He thought it was common sense to reserve a street easement at Lot 10, Block 1, for this purpose. Mr. Holasek stated the problem they see at this time is that they do not know what they are going to do with the property. They would really like the City to consider the issues here. Councilmember Knight asked what the distance is from Xeon to Avocet. Mr. Bednarz stated it is about 4S0 feet to SOO feet center line to center line. Councilmember Jacobson asked if they were to reserve lot 10 and they did put a street in there, then the two corner lots, 9 and 11, would not meet the minimums for a corner lot. They would have to be reconfigured and the depth on lots 11, 12 and possibly 13 would have to be reduced because a turn lane would have to be put in and he wondered if they would meet minimums. The question is if they did that in the future, who would pay for the turn lane. He knew they had a discussion at the preliminary about Avocet and a connection and he thought at that point they would reserve that and put in an emergency entrance through there. The Council discussed with Mr. Holasek the road configurations and how his future development would connect to this development Councilmember Orttel did not think they have any sketch plan before them so he did not think there were any approvals given by Mr. Dickinson or anyone else for that but it left options and the options will be there until Mr. Holasek's proposal comes in and then they would see how the connections would work. Councilmember Trude stated what she wanted to get at is that with every plat they see in the City, they look at a ghost plat of adjacent property and Mr. Holasek submitted something and stafflooked at it and as this went through approvals she pointed out the one area that did not fit his sketch plan. They have been really good about trying to accommodate developers with adjacent property owners even in the very rural areas. She could feel some of Mr. Holasek's frustrations that the little south area was not thought through carefully because it is a triangle ofland abutting a County Road at an angle and it is going to leave him with some really odd shaped parcels that mayor may not fit in with that road as part of the cul-de-sac or through street. This is one of the things she brought up at the sketch plan and Preliminary. She did not think they accommodated this property owner like they have other property owners in the past. Motion by Jacobson, Seconded by Orttel, to adopt the attached resolution approving the final plat with conditions. Motion carried unanimously. (RES. R206-0S) . , '/ Regular Andover City Council Meeting Minutes - November 15, 2005 Page 8 CONSIDER COMPREHENSIVE PLAN AMENDMENT/REVISE TRANSITIONAL COMMERCIAL/INDUSTRIAL City Planner Bednarz stated the Council adopted a resolution eliminating the word industrial from this land use district at the September 6th meeting and further discussion was held at the September 27th work session. Staffwas asked to provide a list of uses and examples oflirnited business and neighborhood business. Mr. Bednarz discussed the staff report with the Council. Councilmember Jacobson stated on page 4, there is a section stating "garages and storage structures for trash or garbage." He indicated he could understand that in a commercial area where it is collected periodically but it is also a permitted accessory use in RI-R4. Mr. Bednarz stated this was correct, however the accessory structure standards they have would apply to any of those in the residential area so there would be setbacks and size limitations. " Councilmember Jacobson wondered why he would want to allow a garage where a person could store garbage in an R-4 District. Mr. Bednarz stated they do not typically regulate what is stored in the garage unless it is a nuisance. Councilmember Orttel thought it meant "Garages and storage structures for trash or garbage"; it would be two different things. He thought the wording should be adjusted to indicate this. He would not have a problem taking this out or by special use only. Councilmember Jacobson thought the wording needs to be adjusted. Councilmember Jacobson stated he had a question on page 6, indicating "Private Dog Kennel License, 2.5 acre minimum lot size required", which is fine but it is in all of the R-l through R-4 Districts. He wondered how they could get 2.5 acre lots in an R-4 District. Councilmember Orttel stated he has one and his neighbor has eight acres. Councilmember Jacobson thought the same thing applies to signs further down requiring five acres. Councilmember Trude thought this could mean area identification signs. Mayor Gamache stated the Planning Commission's recommendation is that the four sites remain the way they are. The Council reviewed the chart of allowable uses in the Transitional/Commercial District. Councilmember Trude stated "Dancing or Live Entertainment" concerned her. Crematorium could be in General Business. Warehouse and Wholesale Businesses are permitted without a CUP. Mr. Dickinson stated anything in the Industrial column will not be available in the Transitional/Commercial Districts. He wondered what the Council would not want in the Transitional/Commercial Districts. Regular Andover City Council Meeting Minutes - November 15, 2005 Page 9 Councilmember Jacobson thought the uses that require a hearing give some protection but those that are permitted without a hearing are ones he would be more concerned about. He would like to have more time to look it over before making a decision. Councilmember Knight agreed. Councilmember Orttel wondered if they could put questionable uses as having to have a Conditional Use for the ability to limit what is going on. He stated they only have four areas in the City where these uses could be permitted and they could limit them in the areas. Mayor Gamache stated he received a letter recently from Pastor Helman of Grace Lutheran Church and at this point it was indicated they did not plan on selling their property anytime in the future. City Attorney Sullivan stated Transitional is a Compo Plan designation and the zoning right now is residential so nothing at this time is allowed without City Council review and approval. The Council indicated they would like more time to review this and bring it back to another meeting to discuss. SEPTEMBER STORM UPDATElBUDGET ADJUSTMENT City Administrator Dickinson explained the Council is requested to receive a brief presentation that will summarize the storm clean up process, the cost related to the clean up and Building Department activity. Mr. Dickinson reviewed the information with the Council. Councilmember Orttel wondered what the $9S,000 was for. Mr. Dickinson stated the clean up is between $IIS,OOO and $120,000 which is only contract costs and not vehicle costs. He stated the numbers kept getting higher and higher for the clean up and it was moving slow. They also had some poor weather during that time which also added to it. The $99,215 is just for staff time, primarily Street Department people. This is not a Federal reimbursable item. Motion by Jacobson, Seconded by Trude, to authorize the use of reserves to finance the completion of storm clean up in the amount of $SO,OOO. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting for December 6, 200S at 6:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes - November 15, 2005 Page 10 SCHEDULE DECEMBER COUNCIL WORKSHOP The Council is requested to schedule a Special Council Workshop for the month of December for a number of miscellaneous business items. Councilmember Trude suggested they not have a workshop in December. The rest of the Council agreed. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on significant city department activities, miscellaneous projects and development activity in the City. Mayor Gamache wondered when the signal light at 1 57th and Round Lake Boulevard will be installed. Mr. Bednarz thought the turn lanes are in and they could check on that and get back to the Council. ., Mayor Gamache wondered when the signal will be installed at OakView on the Hanson project Mr. Dickinson stated that light will not become operational until next year. Councilmember Orttel wondered when Hanson north of Bunker will be upgraded. Mr. Dickinson stated they have not discussed this with the County because the County and Coon Rapids are in discussions regarding the Highway 10 interchange. M4YOR/COUNCIL INPUT (Structure on Andover Boulevard near Railroad Tracks) - Councilmember Jacobson stated he was concerned with the structure at Andover Boulevard and the railroad tracks because part of the structure seems to be failing and he wondered if there is anything that can be done. Mr. Dickinson stated the Council moved forward with abatement on certain structures and if the structures are deemed a safety issue by the Building Official, they can get involved somewhat but they have to be able to have access to the property and at this point, they are working through the abatement process. City Attorney Sullivan thought they were closer than a year at getting the orders and he anticipated it coming to the Council next meeting or shortly thereafter to get the orders. Councilmember Jacobson stated he was concerned about safety and he did not want it to fall down and injure someone. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried lImmimously. The meeting adjourned at 9:28 p.m. Respectfully submitted, , / Regular Andover City Council Meeting Minutes - November 15, 2005 Page 11 Susan Osbeck, Recording Secretary ,