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HomeMy WebLinkAboutCC - June 5, 2012C I T Y O F r ND OVEN+ 7 © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV Regular City Council Meeting — Tuesday, June 5, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/15/12 Regular; 5/15/12 Closed; 5/22/12 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction — Engineering 4. Amend Fee Ordinance /City Utilities Search Fee — Finance 5. Accept Contribution/Justin & Elizabeth Higgins/Hickory Meadows Park — Finance 6. Approve City Council Goals & Values/Progress Report — Administration 7. Approve Resolution Amending Res. No 124 -07 to Amend Deferred Assessment Terms for Project 07 -43 — Allen Property — Administration /Attorney © Discussion Items 8. Hold Public Hearing/Order Plans & Specs /11- 47/174th Ave. NW, Heather St. NW & 173rd Ln. NW - Engineering 9. Consider Comprehensive Plan Amendment/Neighborhood Commercial to Urban Residential High Density /1640 and 1678 - 155th Lane NW — Planning 10. Consider Preliminary Plat of Arbor Oaks and Amendment to Grey Oaks Planned Unit Development/l640 & 1678 - 155`h Lane NW — Planning 11. Determination on Need for An Environmental Assessment Worksheet (EAW) for a proposed 150,000 square foot Retail Development —1851 Bunker Lake Boulevard NW — Consider Resolution/ Record of Decision/Findings of Fact - Planning Staff Items 12. Reschedule November 6, 2012 Council Meeting — Administration 13. Administrator's Report — Administration Mayor /Council Input Closed Session: Public Works Union Negotiations Update Negotiations on PIDs 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, & 11- 32 -24 -24 -0001. Negotiations on PIDs 17- 32 -24 -13 -0003 & 17- 32 -24 -12 -0007. Adjournment I4w] ANDOVE^ REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 512012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 5, 2012, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude, and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Director Public Works /City Engineer, David Berkowitz Others PLEDGE OFALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache stated additional information had been included for Item #7 and Item #8. Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the Agenda as presented with the additional information. Motion carried unanimously. APPROVAL OFMINUTES May 15, 2012 Regular City Council Meeting Councilmember Trude stated on page 3, Line 18, she would like to add "to support wildlife" to the end of the sentence. Councilmember Trude stated on page 6, line 22, page 6, after "diploma program" add © "coordinated with other school districts, the partnership of the Workforce Center with Adult Education," and delete the phrase "through the Work Force Center and other school districts." Councilmember Trude stated on page 7, line 5, the word "form" should be changed to "from." © Regular Andover City Council Meeting Minutes — June 5, 2012 Page 2 Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the May 15, 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. May 15, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the May 15, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. May 22, 2012 City Council Workshop Meeting Councilmember Trude stated on page 2, line 18 the first word should be changed to "Anyone." Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the May 22, 20121 City Council Workshop Meeting minutes as amended. The motion carried unanimously. CONSENT ITEMS 10 Item 2 Approve Payment of Claims Item 3 Approve Easement/1 I -10 /South Coon Creek Drive NW Reconstruction Item 4 Amend Fee Ordinance /City Utilities Search Fee (See Ordinance 419) Item 5 Accept Contribution/Justin and Elizabeth Higgins/Hickory Meadows Park (See Resolution R054 -12) Item 6 Approve City Council Goals and Values/Progress Report Item 7 Approve Resolution Amending Resolution No. 124 -07 to Amend Deferred Assessment Terms for Project 07 -43 — Allen Property (See Resolution R055 -12) Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. HOLD PUBLIC HEARING /ORDER PLANS AND SPECS 111471174TH AVENUE NW, HEATHER ST. AND 173' LANE NW City Engineer Berkowitz stated the City Council is requested to hold a public hearing for Project 11- 47, 174i1' Avenue NW, Heather Street NW and 173rd Lane NW. A petition was received from the neighborhood fronting the existing gravel roads and was accepted by the City Council at the January 3, 2012 City Council meeting. The petition was signed by ten (10) of the sixteen (16) affected properties and ten (10) were all in favor of the project if the costs were determined to be feasible. There are six (6) properties that did not sign the petition or were unavailable. Proposed improvements would include widening the roadway corridor to have a 22 -foot wide paved surface and concrete curb and gutter. A 5 -foot wide boulevard area would also be graded and cleared to allow for snow storage, signage, and private utilities. Drainage would be handled by the proposed curb and gutter and would flow to existing low points. Curb and gutter would result in less impact to © Regular Andover City Council Meeting Minutes —June 5, 2012 Page 3 the neighborhood than construction of standard ditch sections. The total estimated cost to pave the existing gravel roadways is $304,260 and includes construction costs, contingencies, and indirect costs. The proposed project, depending on City Council direction, could be funded 100% by the property owners or through the City's Road and Bridge Fund (50 %) and special assessments (50 %) based on requirements set forth in the City's Assessment Manual. If there were a 50150 split, the City's share of the project costs would be estimated at $152,130. The total estimated assessment amount would be $152,130 and this would result in an assessment rate per unit of $9,510 fora 50150 split or $19,020 if there were no cost share by the City. At the public hearing the Council will need to determine if the project should move forward as a petition project with less than 100% signed or a City initiated project that will qualify for the 50150 cost split. If approved to move forward, this project would not be started until the 2013 construction season and could be combined with other projects the City would be considering at that time. Councilmember Trude asked if this particular road segment is difficult for the City to maintain due to the drainage problems. City Engineer Berkowitz stated this segment is similar to other gravel roads in the City to maintain. There are approximately 6 -miles of gravel roads remaining in Andover and the City spends approximately $5,000 per year, per road mile to maintain. Councilmember Howard asked if the six (6) homes that did not sign the petition were bank owned or if these properties opposed the project. Motion by Councilmember Knight, Seconded by Councilmember Trude to open the public hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:19 p.m. Mr. Cory Thode, 3104 174a' Avenue NW, Andover, stated of the six (6) remaining properties they had been unable to get in touch with five (5) property owners and one (1) person was uncertain about the project. There had been several attempts to follow up with these residents. Three (3) of the properties are rental properties. Mayor Gamache asked if anyone present was against the proposed project. There was no one against the project. Mr. Thode explained the drainage problems experienced in the neighborhood and the areas that collect water have become unsightly. When it rains there is significant runoff and collection of © water in low areas along driveways. Mayor Gamache asked if the addition of concrete curbs and gutters would alleviate the drainage problems experienced in this neighborhood. Regular Andover City Council Meeting Minutes — June 5, 2012 Page 4 City Engineer Berkowitz explained the addition of curb and gutters will help to move the water into collection areas and off driveways. As the project moves through the design phase the City will also look at other drainage options such as rain gardens. The water would continue to be drained into the current collection areas but curb and gutters would channel the water directly to these locations. Councilmember Trude explained she had driven through this neighborhood and there are several driveways that sloped down and looked like they would flood when it rained. She stated there are several gullies as well. City Engineer Berkowitz explained the storm water design would not alleviate all of the problems but the City would work with the residents to determine what would be most effective for the drainage issues. Mayor Gamache clarified the residents would like to see this as a City project with a 50150 cost split rather than a petitioned projected. Mr. Thode explained a 50150 cost split would be preferred and the residents would also like to Qrequest the Council consider a 15 -year term rather than a 10 -year term. City Engineer Berkowitz explained the City's Assessment Policy use to have a 5 -year term but due to recent economic conditions a 10 -year term had been approved in certain cases. The Council could decide to increase this to a 15 -year term. Councilmember Bukkila explained if the term were increased to 15 -years then the interest rate and the total amount of interest paid would be increased. The longer the term the higher the interest rate that is charged. City Administrator Dickinson projected the interest rate for a 10 -year term would be 4% to 4.5% based on recent rates the City has been able to offer. The interest rate would increase if the term were extended beyond a 10 -year term. Councilmember Trude stated she would consider extending the term because this project is a full construction project and is more expensive than the reconstruction projects the City has done. Councilmember Knight stated he would also consider extending the terms if this is what the residents requested. He also suggested the residents consider rain gardens because these are an inexpensive solution for drainage problems. © City Engineer Berkowitz stated the Council could determine the term at this time but this could also be determined later in the process when there would be more information available pertaining to what will be included in the project. If the Council decides at this time, the residents would be reassured the term would be extended but then information such as rate and © Regular Andover City Council Meeting Minutes — June 5, 2012 Page 5 amount may affect this decision later in the process. Mayor Gamache stated there is no benefit in determining the term at this time but clarified the Council would be open to considering an extended term for this project. Mr. Gordy Bovee, 3023 170 Avenue NW, Andover, stated he would be supportive of this project if the City offered a 50150 cost split. Councilmember Trude stated the residents would like to have a commitment from the Council on extending the term before moving forward with the project. Councilmember Bukkila asked if there were alternatives to addressing the water and drainage issues that did not include constructing a road with curbs and gutters. City Engineer Berkowitz explained there may be other alternatives that would be less costly that would rechannel the water but these may be more difficult and have a greater impact on the residents. Staff could look into alternatives. The key to the success of the drainage problems with the proposed project would be the construction of the curb and gutters and rain gardens. He Qstated this is a non -paved road and this affects the quality of life for this neighborhood. Councilmember Knight pointed out the dust affects the marketability of the homes in the neighborhood. Councilmember Trude stated the homeowners might have difficulty in marketing their homes due to the gravel road. Councilmember Bukkila stated the marketability of a home is not the responsibility of the City but rather of the individual homeowner and she is not convinced the residents of the entire City should be responsible for paying to have this road paved. The City has done a 50150 cost split to pave connecting roads in the past but this particular road only services these 16 properties. An unidentified resident stated large Connexus Energy trucks travel this road frequently and this creates excessive dust problems for the neighborhood. Mayor Gamache asked if Connexus Energy had a parcel in the neighborhood. City Engineer Berkowitz stated Connexus had one (1) parcel in this neighborhood. He explained of the sixteen (16) parcels there are ten (10) in favor of the project, one (1) parcel owned by Connexus Energy, and three (3) rental properties. This leaves only two (2) properties that have not provided input on the project. Councilmember Bukkila stated the City's policy states 100% of the properties need to petition for the project. She would like to know what the remaining property owners thought of the Q Regular Andover City Council Meeting Minutes — June 5, 2012 Page 6 project. Unidentified Resident stated the property owner had been given several opportunities to voice their opinion about the project but had chosen not to answer their door or attend any of the meetings. Councilmember Trade stated when the policy was adopted it had been determined there was some community benefit with paving roads. She commented that when Don Jacobson and she had worked on this policy with the Public Works Committee, the goal was to have everyone living on a finished road with the exception of a few farm roads. This is a neighborhood of families that want to see their property improved and there is a benefit back to the community. There are rental homes currently in this neighborhood and this could increase if people are unable to sell their homes in the future due to the gravel road. Councilmember Bukkila stated based on this then the City and all of the residents would be asked to pay 50% of the construction costs for those roads that only serviced one (1) home. She clarified she would like additional information on alternatives including prices prior to committing the residents to paying to pave a street for sixteen (16) homes. © Councilmember Trade stated the farm roads that are remaining are multiple miles long. The Public Works Committee did look at these sections. The City is close to having all of the gravel roads paved. These residents have worked with their neighborhood and the City's Engineering Department. They have held information meetings and been around the neighborhood six (6) times to talk to residents and get support for the project. She clarified after viewing the neighborhood she thinks it is a hardship to have to deal with the drainage problems in this neighborhood. She stated she would support the resolution to move forward with this project. Mr. Mark Evan, 3055 174th Avenue NW, Andover, stated he had been told that since the road is gravel traffic is allowed to travel at 50 miles per hour but once the road is constructed then it could be posted at a lower speed. City Engineer Berkowitz stated with the City's initiative the speed limit on rural roads has been changed. Once the road is constructed the City could post the speed limit at 35 miles per hour and include any additional signage that may be necessary, such as curve signs. Motion by Councilmember Knight, Seconded by Councilmember Howard to close the public hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:47 p.m. © City Engineer Berkowitz clarified the approval of the resolution with a 50150 split would require a 4/5 vote in order to initiate the project. Motion by Councilmember Trade, Seconded by Councilmember Knight to approve a resolution © Regular Andover City Council Meeting Minutes — June 5, 2012 Page 7 ordering the improvement of Project No. 11 -47, 174a' Avenue NW, Heather Street NW, and 173`d Lane NW and directing preparation of final plans and specifications. Councilmember Trude stated the process has many steps and even after the improvements have been ordered there will be plans and specifications done that will sort out some of the issues with the drainage and other unknown issues. The project could be stopped at that time or after the bids have been received. This resolution starts the process and as long as the information received is favorable then the City can continue to move forward. Mayor Gamache stated he would support this resolution. One of the goals for the City is to work with residents to pave those gravel roads that residents would like to have paved. There are significant water problems in this area that could be alleviated by the addition of concrete curb and gutter. Councilmember Howard stated he would support this request based on the responsiveness of the neighborhood. Councilmember Bukkila stated she is not in favor of this resolution based on the information © provided. She would like more information on alternatives for the drainage issues before she could justify having the entire City pay a 50% portion of this project. The motion was called to a vote. The motion carried 4 ayes, 1 nay ( Bukkila). (See Resolution R056 -12) CONSIDER COMPREHENSIVEPLANAMENDMENT /NEIGHBORHOOD COMMERCIAL TO URBAN RESIDENTIAL HIGH DENSITY 11640 AND 1678 —155TH LANE NW Community Development Director Carlberg stated the applicant is proposing to construct a 70 unit senior assisted living facility on the subject properties. The current Neighborhood Commercial land use designation was established through approval of the Grey Oaks project. At that time, commercial development of the subject properties was planned. The Comprehensive Plan establishes criteria for review of amendments concerning a proposed land use change. These criteria include: Conditions have changed since the present land use designation was established such to warrant the proposed amendment, the proposed land use is compatible with surrounding land uses and with the goals, objectives, and policies of the Comprehensive Plan, there is capacity of public systems, facilities, and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected, the potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain, and other natural features can be avoided or sufficiently mitigated, and to ensure a transition or buffer between urban and rural residential zoning districts. The Planning Commission reviewed this request and unanimously recommended approval of the proposed land use change based on the findings of fact. © Regular Andover City Council Meeting Minutes — June 5, 2012 Page 8 Councilmember Trade stated the proposed change was more favorable to the neighborhood and would provide for less hard surface or asphalt area and no retail hours and less traffic than if it had been developed as originally planned. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve a resolution amending the Comprehensive Land Use Plan of the City of Andover to change the land use classification from Neighborhood Commercial to Urban Residential High Density for property located at 1640 and 1678 155`h Lane NW. The motion carried unanimously. (See Resolution R057 -12) CONSIDER PRELIMINARYPLAT OFARBOR OAKSAND AMENDMENT TO GREYOAKS PLANNED UNIT DEVELOPMENT /1640 AND 1678 —155TH LANE NW Community Development Director Carlberg stated the proposed plat would combine two (2) existing lots into one (1) lot and establish drainage and utility easements at the perimeter of the property. The applicant is also requesting an amendment to the previously approved Grey Oaks Planned Unit Development (PUD) for the proposed 70 unit senior assisted living project. He reviewed the access and stated the Anoka County Highway Department has requested clearing of © brush near the intersection of 155` Lane NW and Hanson Boulevard, dedication of the right -of- way access to Hanson Boulevard, and construction of a southbound right turn lane along Hanson Boulevard. Staff met with Anoka County and communicated it would not be recommending to construct a southbound right turn lane due to the fact that the proposed project significantly reduces the level of traffic from the previously approved land uses which did not require this improvement. Staff did agree this improvement should be completed with future improvements to Hanson Boulevard. He reviewed the Drainage and Utility easements, the park dedication and trail fees, trail easement, the landscape plan, neighborhood screening, parking, trash enclosure and the Coon Creek Watershed District approval for the project. He reviewed the Planning Commission recommendations and clarified the applicant will be complying with these recommendations except for the removal of the access at 155`h Lane NW, adjacent to the right turn lane. Councilmember Trade asked if the resolution or other documents included in the approval would need to specify the agreement with the City and Anoka County Highway Department regarding the southbound right turn lane along Hanson Boulevard. Community Development Director Carlberg stated a letter will be sent to the Anoka County Highway Department regarding this agreement and this will become part of the record. Councilmember Trade clarified this is a senior living facility and would have a large amount of © community space available for residents. This would allow the City to approve smaller living spaces than City ordinance allows. Community Development Director Carlberg clarified Exhibit A and Exhibit B will also be Regular Andover City Council Meeting Minutes — June S, 2012 Page 9 included in the approved documents with the resolution. Mr. Roger Fink, Trident Development, provided the Council with an update on the screening and landscaping that would be done along the southern property line to screen the property from the single family homes in that area. He clarified an agreement had been reached with the property owners that included installing a retaining wall and maintaining the red oak trees that are currently growing along this border. There will be spruce trees added as well in locations that allow it. He stated he had talked with Mr. Anderson, a neighboring property owner, about the traffic in the back portion of the building and he is comfortable with the building and the architecture and they do not have any concerns about the appearance or visual impacts. He stated they would amend the landscape plan to exclude the spruce trees on Mr. Anderson's property because he would prefer to let the oak trees to continue to grow. Councilmember Trude stated the landscape plan would not need to be amended because these trees are not on the applicant's property and would have been considered beyond what would have been required. Mr. Fink stated they have read all the conditions identified and agree with them and will comply Qwith them. Councilmember Knight stated the YMCA would be interested in looking at senior programming. He asked if this would be something they would consider. Mr. Fink stated the marketing and management team would be responsible for reaching out to the community senior centers and YMCA. He clarified they would be interested in working with the YMCA for programming options but they would operate a transport van for residents because many of them would not be able to walk the distance to the facilities. Councilmember Bukkila complimented the applicant on the most recent design and added this facility would be an impressive asset to the community. Councilmember Howard stated he would be hesitant not to add additional trees along the south border and rely strictly on the oak trees that are currently growing. Oak wilt is something that could easily occur and this would destroy the screening. He recommended the applicant consider adding additional trees along this area as a backup to the oak trees, in case something happens to them. Mr. Fink stated they would be open to suggestions and couple of spruce trees could be included along the retaining wall. Councilmember Howard asked if there would be designated employee parking that would limit the parking and traffic on the south side of the building. © Regular Andover City Council Meeting Minutes —June 5, 2012 Page 10 Mr. Fink stated employee and resident parking was not designated but they could instruct staff to park in certain areas of the building but the building design did provide for favorable employee parking in areas on the east and west side of the building. Councilmember Howard asked if the Council would be interested in designating the first and second choices for additional performance parking if it should be required. The applicant has provided proof of parking and the Council could designate preferred areas for future development. Community Development Director Carlberg stated the Council could designate this but he would recommend this be considered at the time the additional parking would be required. The circumstances, road designs, and landscape may change in the future which could make it difficult to comply with what would be designated at this time. It was the consensus of the Council not to designate the order for future parking lot expansion. Motion by Councilmember Bukkila, Seconded by Councilmember Trude to approve a resolution approving the preliminary plat of Arbor Oaks and amendment to Grey Oaks Planned Unit Development located at 1640 and 1678 155f' Lane NW. Councilmember Trude clarified staff was clear on the landscaping plan and the Council's request for additional trees along the southern border of the property. Mayor Gamache asked if the City should look at the Ordinances and add additional information that would allow for senior housing to be smaller in size than the apartment size requirements so that a PUD would not be required. Community Development Director Carlberg stated the City could have discussion on designating senior living size requirements but this type of development would require a PUD. Mr. Fink provided an additional update for the Council including the selection of a construction lender and potentially closing on the property within the next 4 -5 weeks. Trident is projecting to get their building permits and start construction in July. The motion was called to a vote. The motion carried unanimously. (See Resolution R058 -12) DETERMINATION ONNEED FOR ANENVIRONMENTAL ASSESSMENT WORKSHEET (EA W) FOR A PROPOSED 150,000 SQUARE FOOT RETAIL DEVELOPMENT — 1851 BUNKER LAKE BOULEVARD NW — CONSIDER RESOLUTION /RECORD OF DECISION /FINDINGS OF FACT Community Development Director Carlberg stated on May 9`t', the City received a notice from the © Regular Andover City Council Meeting Minutes —June 5, 2012 Page 11 Minnesota Pollution Control Agency (MPCA) on behalf of the Environmental Quality Board (EQB) of receipt of a citizen's petition submitted by Andover for Smart Growth (ASG). The petition requests the completion of an Environmental Assessment Worksheet (EAW) for the proposed Wal- Mart Store located at 1851 Bunker Lake Boulevard NW. The EQB rules require the responsible government unit, which in this case is the City of Andover, to decide within 30 working days of receipt of notice from the MPCA/EQB whether an EAW should be prepared. He explained a mandatory EAW is required for projects that are equal to or in excess of 300,000 square feet for a second -class city. Andover is a second -class city based on population but the proposed building is less than 150,000 square feet. Therefore a mandatory EAW is not required. Upon receipt of the petition, staff has reviewed the environmental concerns raised in comparison to the criteria and factors established in Minnesota Rules 4410.1700 subp.7. He reviewed the criteria and the specific areas of concern raised in the petition. Staff also received a letter responding to the petition from Fredrikson & Byron, P.A., the legal firm representing Wal -Mart Stores, Inc. Staff concurs with the responses in this letter and recommends the City Council deny the petition and not require having an EAW prepared. He clarified if the resolution is approved then all documents included in the Council packet and the approved minutes would be included in the public record for this approval. Mayor Gamache clarified the storm water issues would be reviewed by the Coon Creek Watershed District and all these concerns would be addressed as part of their review process. Community Development Director Carlberg stated there are a number of state and local organizations with regulations, ordinances, and laws that must be met concerning storm water runoff and infiltration, light pollution, and increased traffic concerns. Currently the plans are meeting all these requirements and as deficiencies are identified they are being worked out with the developer. Mayor Gamache stated the current plans for the property includes two (2) large ponds on the west side of the property where there is currently only one (1). He clarified Anoka County is looking at the traffic circulation patterns and will determine if additional improvements will be needed to the county roadway. The City currently has regulations in place that would limit the light pollution to surrounding properties and the lighting that would be allowed is similar to what is currently at the Target location. He clarified there will be more light than what is currently on the property but not as much as there could be with other types of development. Community Development Director Carlberg stated this is correct. The plans for the proposed project will be reviewed by several agencies and if there are areas that do not meet Federal, State, or local regulations then these will need to be resolved with the developer. Mayor Gamache clarified the entire project is proposed to be constructed where the baseball © fields, building and parking lot are located on the current Pov's property. There would be little impact to the surrounding wetlands. Community Development Director Carlberg stated the property had been approximately 40% Q Regular Andover City Council Meeting Minutes —June S, 2012 Page 12 developed and the parking would be similar to what is currently on the site. The City does own the property to the west and Mr. Povlitzski will retain 6 -acres of land to the north and this will provide an additional buffer between the proposed project and the surrounding neighborhoods. During the review process if additional screening is required the City will work with the developer. Councilmember Knight asked about the proximity of sensitive receptors and the increased traffic. Mayor Gamache stated any development in this area will increase traffic and in the area of sensitive receptors. Community Development Director Carlberg explained ASG has suggested the project comply with the California air standards but these do not apply in Minnesota. ASG also has not provided any evidence that the redevelopment of the site would negatively impact the health of those sensitive receptors identified. He also pointed out Wal -Mart's delivery trucks are not allowed to "idle" their engines in the parking lot so even if California air standards were to apply in Andover, air quality should not be harmed as a direct result of the Wal -Mart development. Mayor Gamache stated when Bunker Lake Boulevard had been reconstructed the road was designed to accommodate large commercial development on the north side, similar to that on the south side, which includes a Target store. Councilmember Trude clarified the petitioners needed to convince the Council there were environmental impacts that would not be addressed by one of the agencies involved. The City does rely on the work done by these other agencies, such as the Coon Creek Watershed and the Anoka County Highway Department. The City believes all impacts will be reviewed and proper steps taken to address these throughout the process. She clarified all materials pertaining to this petition would be available to the public. Mayor Gamache stated if something does come up that the City does not feel comfortable with because there is not the proper approvals from the corresponding agencies then the process will stop until the City is confident all laws, regulations, and ordinances have been followed. He stated based on the information provided in the petition there is no evidence that an EAW would need to be performed. Councilmember Trude stated an EAW had been prepared for the 100 -acres adjacent to this property in 2003 and there had been a 20 -acre junkyard on part of the property at that time. The EAW showed there were no significant environmental impacts at that time so another EAW should not be required. Mayor Gamache stated the Wal -Mart construction would all be on the Pov's site and this site had not been involved in the junkyard and there was no history of any other problems on this site that would impact the environment. Regular Andover City Council Meeting Minutes — June 5, 2012 Page 13 Motion by Councilmember Trade, Seconded by Councilmember Bukkila approve a resolution establishing findings of facts and establishing a record of decisions denying the need for an Environmental Assessment Worksheet (EAW) in response to a citizen petition for the proposed Wal -Mart store at 1851 Bunker Lake Boulevard NW. Mayor Gamache stated the City feels comfortable with the ordinances, laws, and regulations that are currently in place to sufficiently review the environmental impacts of the proposed development. Community Development Director Carlberg stated staff would expect to hold a public hearing on this project in July or August. Councilmember Trude stated the Coon Creek Watershed and Anoka County are also agencies the people and residents can contact as well with their concerns. The motion was called to a vote. The motion carried unanimously. (See Resolution R059 -12) RESCHEDULE NOVEMBER 6, 2012 COUNCIL MEETING Councilmember Trade stated in the past the Council has moved the Council meeting to the following evening. Motion by Councilmember Trade, Seconded by Councilmember Knight to reschedule the November 6, 2012 regular City Council Meeting to Wednesday, November 7, 2012, at 7:00 p.m. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, legislative activities, development and CIP projects, and upcoming meetings and community events including the EDA closed on two (2) lots at Parkside at Andover Station and the building permits for these properties have been issued by the City. Other platting projects in Andover include the 3rd Addition at Millers Woods and the next addition at Woodland Estates. He stated the June 27th workshop would be a joint meeting with the Artificial Turf Task Force and it is currently scheduled the same night as the City sponsored outdoor concert. Councilmember Knight stated the Council should attend the City sponsored concert. Councilmember Bukkila stated this meeting is being scheduled with the Artificial Turf Task Force as well and several members of this committee have changed their schedules in order to attend the meeting on June 27th. She would not be in favor of changing the date or time. © Regular Andover City Council Meeting Minutes — June 5, 2012 Page 14 Councilmember Trude stated the workshop could be moved to Thursday since the Mayor is unable to attend on Tuesday and Wednesday is the outdoor concert. The members of the Artificial Turf Task Force could attend the Thursday workshop if they are able to. There are two (2) members of the task force on the Council and they could provide an update if other members were not able to attend. Councilmember Bukkila stated this would not be acceptable to those members who have worked on this task force and attended all the meetings. They have been rearranging their schedules to accommodate the Wednesday meeting and it would make it more difficult for them to have to reschedule again for a Thursday meeting. Councilmember Trude stated the County would be attending this meeting as well in order to discuss the County Roads in the City and what the City would like to see done. Mayor Gamache stated the workshop could be scheduled for the Task Force from 6:00 p.m. to 7:00 p.m. then the Council could recess to attend the concert and if needed return to finish business. He asked what exactly the City would be discussing with the County. He would recommend postponing this meeting until after the Council has had an opportunity to define exactly what they would like to discuss. Councilmember Trude stated one of the City Council goals had been to discuss major road issues with the County in order to get these sections identified and included in the County's CIP plans for improvements. Mayor Gamache stated the County has their CIP projects identified for the next several years and meeting with them regarding the City's current concerns could be postponed. Councilmember Trude suggested having the meeting with the Task Force on Wednesday from 6:00 p.m. to 7:00 p.m. then having the regular City Council workshop on Tuesday June 26d', even though the Mayor would be unable to attend that day. Councilmember Bukkila stated the Council could conduct all of there business during one meeting and she would not support spreading it over two (2) evenings or changing the date from Wednesday. Councilmember Howard stated he would not be supportive of changing the date of the workshop. It was the consensus of the Council to conduct the June workshop on Wednesday, June 27, 2012 as previously scheduled. ® City Engineer Berkowitz stated the 133rd Avenue project is underway and there will be a preconstruction meeting for the reconstruction project on South Coon Creek Drive. This project would be expected to start in mid -June and Crosstown Boulevard will be closed for two (2) days Regular Andover City Council Meeting Minutes — June S, 2012 Page 15 in this area so the water main portion of the project can be completed. Community Development Director Carlberg stated the City's Business Development Day Golf Tournament is scheduled for Wednesday, June 13a`, and there were still openings. City Administrator Dickinson stated the City has already hit its projected budget amount of 35 new home constructions. Fire Chief Winkel assisted the Sartell Fire Department. He stated the City has recently had problems with vandalism that include setting fire to portable bathroom facilities. He explained this was costly to the City and he asked residents to be alert and report any suspicious behavior. MAYORICOUNCIL INPUT (Prairie Knoll Park) Councilmember Howard stated the soffit and fascia at Prairie Knoll Park is in poor condition. He asked if there would be any money in the budget to have this repaired. City Administrator Dickinson stated staff would look into this and report back to the Council. (Community Garden Fence) Councilmember Howard stated there was orange snow fence being used at the community gardens. He asked if the City had any regulations or rules regarding what materials can be used to separate garden plots. City Engineer Berkowitz stated the City does not have any regulations or rules in place at this regarding the type of fencing that can be used. Staff can look at setting regulations for next year. Staff can also contact the gardener with the orange snow fence and request it be replaced but at this time the City has no recourse to require it to be taken down or replaced. (Tire Chip Stockpile) Councilmember Howard asked about the status of the tire chip piles along Hanson Boulevard. City Engineer Berkowitz stated all the tires had been removed and the project should be completed in the next couple of weeks. (City Outdoor Concerts) Councilmember Trude suggested the City's outdoor concerts be included on the city calendar and advertised on Facebook. She also suggested advertising the Golf Tournament on Facebook. Mayor Gamache recessed the regular City Council meeting at 9:23 p.m. to a closed session of the City Council to discuss Public Union Negotiations and property acquisition negotiations for PID #11- 32 -24 -32 -0001, PID #11- 32 -24 -31 -0001, PID 411- 32 -24 -24 -0001, PID #17- 32 -24 -13 -003, and PID #17- 32 -24 -12 -0007. The City Council reconvened at 9:46 p.m. Regular Andover City Council Meeting Minutes — June 5, 2012 Page 16 ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:47 p.m. Respectfully submitted, Tina Borg, Recording Secretary X Regular Andover City Council Meeting Minutes — June 5, 2012 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 5, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction .................... 2 Item 4 Amend Fee Ordinance /City Utilities Search Fee (See Ordinance 419) ........................ 2 Item 5 Accept Contribution/Justin and Elizabeth Higgins /Hickory Meadows Park (See ResolutionR054- 12) ............................................................................ ............................... 2 Item 6 Approve City Council Goals and Values /Progress Report ............ ............................... 2 Item 7 Approve Resolution Amending Resolution No. 124 -07 to Amend Deferred Assessment Tenns for Project 07 -43 — Allen Property (See Resolution R055- 12) ............ 2 © HOLD PUBLIC HEARING /ORDER PLANS AND SPECS /11- 47/174TH AVENUE NW, HEATHER ST. AND 173RD LANE NW (See Resolution R056 -12) ......... ............................... 2 CONSIDER COMPREHENSIVE PLAN AMENDMENT/NEIGHBORHOOD COMMERCIAL TO URBAN RESIDENTIAL HIGH DENSITY /1640 AND 1678 —155TH LANE NW (See ResolutionR057 -12) ................................................................................... ............................... 7 CONSIDER PRELIMINARY PLAT OF ARBOR OAKS AND AMENDMENT TO GREY OAKS PLANNED UNIT DEVELOPMENT /1640 AND 1678 —155TH LANE NW (See ResolutionR058 -12) ................................................................................... ............................... 8 DETERMINATION ON NEED FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR A PROPOSED 150,000 SQUARE FOOT RETAIL DEVELOPMENT —1851 BUNKER LAKE BOULEVARD NW — CONSIDER RESOLUTION /RECORD OF DECISION/FINDINGS OF FACT (See Resolution R059- 12) ................. ............................... 10 RESCHEDULE NOVEMBER 6, 2012 COUNCIL MEETING .................... ............................... 13 ADMINISTRATOR'S REPORT ................................................................... ............................... 13 MAYOR/COUNCIL INPUT ......................................................................... ............................... 15 (Prairie Knoll Park) .................................................................................... ............................... 15 (Community Garden Fence) ....................................................................... ............................... 15 (Tire Chip Stockpile) ................................................................................. ............................... 15 (City Outdoor Concerts) ............................................................................. ............................... 15 H