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HomeMy WebLinkAboutCC - April 17, 2012AC O F NADbOVEA © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, April 17, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation - Arbor Day Resident Forum Agenda Approval 1. Approval of Minutes (4/3/12 Regular; 4/3/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Grant Agreement /12- 19/Martin's Meadows Improvements —Engineering 4. Accept Donation/Sophie's Park — Engineering 5. Accept Plan for Dugouts /Sunshine Park Ball Fields — Engineering 6. Approve Easements /11 -10 /South Coon Creek Drive NW Reconstruction — Engineering 7. Accept 2012 -2014 DNR Forest Bonding Grant/12 -24 - Engineering. 8. Award Bid/12 -2a, 12 -2b, 12 -2c (2012 Street Reconstruction), 12 -8 (2012 Curb, Sidewalk & Pedestrian C) Ramp Repairs) & 12 -13 (Sunshine Park Parking Lot Expansion West Side Phase 3) — Engineering 9. Outdoor Event Date Change/Tanners Station — Administration Discussion Items 10. Anoka County Sheriff's Office Monthly Report — Sheriff 11. Consider Conditional Use Permit — Commercial Animal Training Facility — 3131 161'` Avenue NW Planning 12. Consider Conditional Use Permit — Temporary Storage of Fill — 16563 Hanson Boulevard NW - Planning 13. Consider Conditional Use Permit — Used Vehicles Sales/Parking Lot Expansion — 3138 162 "d Lane NW - Planning Staff Items 14. Administrator'sReport — Administration Mayor /Council Input Adjournment ►_J 0 ANL6 6 W A REGULAR ANDOVER CITY COUNCIL MEETING — APRIL 17, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 17, 2012, 7:04 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 City Engineer /Public Works Director, David Berkowitz Community Development Director, David Carlberg City Attorney, Scott Baumgartner Others 0 PLEDGE OF ALLEGIANCE PROCLAMATION— ARBOR DAY Mayor Gamache read the proclamation declaring Friday, April 27, 2012 is Ardor Day in Andover and Minnesota. RESIDENT FORUM Mr. Curtis Jones, 1801 139"' Avenue NW, Andover, spoke on behalf of his neighborhood and expressed concerns about the future identity of the City of Andover if Wal -Mart is allowed to build a facility in the City. He stated this would be a short-term fix to increasing the City's property tax base but the Council needs to also consider long -term impacts such as pollution, traffic, pedestrian safety and the fallout to surrounding businesses. He asked what things the Council would be discussing in regard to this application. Mayor Gamache stated the process would be for the City to review the plan submitted by Wal- Mart to be sure it meets the City's codes and ordinances. Wal -Mart does have a purchase agreement with the current owner of the property. This is a private sale and the City does not own any property in the project area. The property was zoned several years ago as general business and this would allow constructing a Wal -Mart on the property. At this time the City is io reviewing how the plan submitted fits with the ordinances. Staff will bring any issues or concerns they find to Wal -Mart and have them address these concerns. Once the plan has been through this process the plan will be brought to the Planning Commission. The plan may be © Regular Andover City Council Meeting Minutes —April 17, 2012 Page 2 brought to the June Planning Commission meeting. At this time one of the issues Wal -Mart needs to look at is in regard to the wetlands. Community Development Director Carlberg clarified the wetlands will need to be delineated in the area and this vegetation will need to grow in order to do this. Until this is done and they make contact with the watershed district the City is not sure what the impacts will be. This will need to be worked through before staff can determine if the plan should move forward. The June Planning Commission meeting would be the earliest this is expected to happen. There will be a public hearing notice sign posted on Bunker Lake Boulevard. The date and time for the public hearing regarding this matter will be published and posted at City Hall. Mayor Gamache stated one of the concerns brought up was in reference to traffic. He clarified when Anoka County reconstructed Bunker Lake Boulevard the road was widened in order to accommodate additional traffic in this area because the area is designed and zoned for commercial and general business. Signal lights were also installed at Jay Street and Quinn Street to allow for commercial development along this section. At this time it is unknown what impacts there will be on the side roads but there will be a traffic study done. He stated it is expected this would be a facility that would be used more locally since there are plans to build another Wal- Mart along Highway 65 in Blaine near the current Lowes location. He stated because the property is currently zoned general business there would not be a need for the City to consider rezoning. Mr. Jones stated it appeared there was no real way for the residents to provide a unified front on what they want to be as a City. He clarified the City needs to build around traffic studies, public safety, pollution and watershed studies because these are the items that will likely make or break this particular project. Mayor Gamache stated this is correct. There would be an opportunity to speak on this project at the public hearing in front of the Planning Commission. As a City, the ordinances need to be followed. If Wal -Mart requests a PUD there will be more the Council can request from the developer but as long as the plan meets all the ordinances and the traffic and water studies are favorable this would be difficult for the City to just deny the project. AGENDA APPROVAL Mayor Gamache stated updated Resolutions for Items 12 and 13 were provided as supplemental information. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the Agenda as presented. Motion carried unanimously. © Regular Andover City Council Meeting Minutes —April 17, 2012 Page 3 APPROVAL OF MINUTES April 3, 2012 Regular City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the April 3, 2012 Regular City Council Meeting minutes as presented. The motion carried unanimously. April 3, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard to approve the April 3, 2012 Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims. Item 3 Approve Grant Agreement/12 -19 /Martin's Meadow Improvements. Item 4 Accept Donation/Sophie's Park. (See Resolution R038 -12) Item 5 Accept Plan for Dugouts /Sunshine Park Ball Fields. Item 6 Approve Easements /11 -10 /South Coon Creek Drive NW Reconstruction. Item 7 Accept 2012 -2014 DNR Forest Bonding Grant /12 -24. Item 8 Award Bid/12 -2a, 12 -2b, 12 -2c (2012 Street Reconstruction), 12 -8 (2012 Curb, Sidewalk & Pedestrian Ramp Repairs) and 12 -13 (Sunshine Park Parking Lot Expansion West Side Phase 3). (See Resolution R039 -12) Item 9 Outdoor Event Date Change /Tanners Station. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTY SHERIFFS OFFICE MONTHLYREPORT Lieutenant Orlando, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for March 2012 including seven (7) DWI arrests, one (1) domestic assault and a vehicle theft. She stated there had been a residential burglary that was still under investigation and vehicle theft from a storage area that was still under investigation. She reminded residents to be sure to keep cars, windows and doors locked because this is the number one reason for thefts. © CONSIDER CONDITIONAL USE PERMIT — COMMERCIAL ANIMAL TRAINING FACILITY— 3131161sT AVENUE NW © Regular Andover City Council Meeting Minutes —April 17, 2012 Page 4 Community Development Director Carlberg stated the applicant is seeking a conditional use permit for commercial animal training. Commercial animal training is permitted as a conditional use in General Business zoned districts. The proposed building to host the commercial animal training will require no physical changes to the interior or exterior and all training will take place indoors and there will be no outdoor space used. The facility would be used to host up to ten (10) dogs and their owners specializing in a variety of obedience -based classes. The applicant stated the days of operation at the facility would be Saturday and Sunday along with two weeknights, depending on the needs of the clients. The rural location of the proposed facility makes additional traffic associated with this business easily handled by both 1615` Avenue NW and Round Lake Boulevard NW. The Planning Commission recommended approval of the proposed conditional use permit with four conditions listed in the Resolution with a 7 -0 vote. Councilmember Trude stated in the last "Whereas" clause in the Resolution, the words "lot split" should be replaced with Conditional Use Permit. She asked the applicant if there would be a pet sanitation area provided and maintained for clients. Ms. Joann Neve, 5701 Ambassador Boulevard NW, St. Francis, stated there would be an area provided for client's dogs and equipment would be provided for them to clean up the area. Councilmember Knight asked if there would be any other animals larger than a dog at the facility. Ms. Neve stated she would only be providing dog training at the facility. Councilmember Trude complimented the applicant on the proposed project and wished her success. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the resolution approving the Conditional Use Permit for commercial animal training on the property located at 3131 —1615` Avenue NW with the conditions listed and the amendment to the last "Whereas" clause: changing the words "lot split" to "conditional use permit". Councilmember Trude asked if the dumpster is enclosed on this property. She stated she would like to have this included on all applications that come forward. Community Development Director Carlberg stated the dumpsters are located behind the facility but staff can review this with the property owner. He clarified with this particular application it would not be the applicants responsibility to cover these. The motion was called to a vote. The motion carried unanimously. (See Resolution R040 -12) © Regular Andover City Council Meeting Minutes —April 17, 2012 Page 5 CONSIDER CONDITIONAL USE PERMIT — TEMPORARY STORAGE OF FILL —16563 HANSON BOULEVARD NW Community Development Director Carlberg stated the applicant is requesting temporary storage of approximately 7,000 cubic -yards of fill material at 16563 Hanson Boulevard NW. He provided a map showing the location of the fill storage areas. City Code 12 -12 requires a conditional use permit for stockpiling more than 400 cubic -yards of material on a property. The applicant has an agreement with North Pine Aggregate Inc. to receive some of the material that will be removed from Hanson Boulevard as part of this year's reconstruction project. The material will be hauled to the subject property as the tire chips are removed from the site. It is the applicants' intent to use the material to improve a farm road on their property as well as for sale as part of the existing sod operation. A permit from the Lower Rum River Watershed Management Organization is also required for the stockpile due to the fact that a portion of the area of the property where the material will be stored is within the floodplain. The Planning Commission unanimously recommended approval of the proposed conditional use permit with the nine (9) conditions listed in the resolution. He clarified the request is for the storage of sand material and this has been clarified in the resolution. He also stated there is a temporary berm in place to accommodate the existing operation that moves tire chips over the Koch pipeline. This © pipeline will still be crossed during the Hanson Boulevard project. Staff would recommend including condition 10 to require the applicant to contact Koch Industries and obtain written approval to use this berm to move the materials related to this request. Staff also recommends adding condition 11: requiring the applicant to contact Koch Industries and obtain written permission to cross the pipeline when moving the materials in the future. Koch Industries is aware that the applicant does cross this pipeline and they have imposed weight restrictions. Mayor Gamache clarified the original request had been to store the material for two (2) years but this was changed to one (1) year after the Planning Commission meeting. He asked if this would be sufficient time for the applicant to complete the project he would be using the fill for. Mr. Dennis Kuiken, 16563 Hanson Boulevard NW, Andover, stated one (1) year would be sufficient. He stated he would be using this fill to construct a road for access to the 40 -acre parcel he owns, which is currently land locked. He currently has an agreement with Koch Industries that allows him to cross over the pipeline with a maximum weight of 80,000 pounds, without building up the road. His truck is able to haul approximately 60,000 pounds. This is an agreement that has been in place for several years. He clarified the temporary berm that is in place for the Hanson Boulevard project would be removed when the project is complete. He would not be utilizing this berm. He also clarified the fill will be stored where he currently stores black dirt. Councilmember Howard stated he is concerned there will be several trucks going over the pipeline to haul the fill material onto to the property and he would like to be sure Koch Industries is aware of this and the necessary precautions are taken. © Regular Andover City Council Meeting Minutes —April 17, 2012 Page 6 Community Development Director Carlberg stated these concerns are addressed with Conditions 10 and 11. Councilmember Trude stated Koch Industries was misspelled in Condition 11. Councilmember Howard asked who would be taking the berm down after the fill was moved. Mr. Kuiken stated the berm that is currently in place would be removed by North Pine Aggregate when the Hanson Boulevard project is complete. The tire chips will be removed and as they are being hauled off the property the fill will be hauled onto the property. Councilmember Trude clarified the application was for the storage of clean fill and sand only. Councilmember Trude stated in the last "Whereas" clause the word "he" should be replaced with "the ". She complimented staff on looking at the issues and explaining things clearly for the Council. Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve the resolution © approving the Conditional Use Permit for a request to stockpile fill at 16563 Hanson Boulevard NW with the eleven (11) conditions provided and the spelling correction to Koch Industries in condition 11 and changing the word "he" to "the" in the last "Whereas" clause. The motion carried unanimously. (See Resolution R041 -12) CONSIDER CONDITIONAL USE PERMIT — USED VEHICLE SALES /PARKING LOT EXPANSION — 3138162ND LANE NW Community Development Director Carlberg stated the applicant had received approval of a conditional use permit for one (1) used vehicle sales dealer license on the property located at 3138 162nd Lane NW. The applicant is seeking to amend the permit to expand the parking area and ultimately allow additional used vehicle sales dealers. The proposed parking addition would provide additional parking to satisfy the five (5) stall minimum that the state requires for up to five (5) total vehicle sales dealers. Council approval is required for each dealer license. The site does not currently satisfy a number of state requirements for each potential vehicle sale business. The Planning Commission unanimously recommended approval of the proposed conditional use permit subject to the six (6) conditions listed in the resolution. He pointed out for the site plan review, condition 4 requires one additional parking stall be striped to meet the 35 parking space requirements for five (5) used vehicle licenses. The parking area adjacent to the proposed drive would be eliminated. He also stated the current drive access is closer than the 10 -foot requirement and this is being moved to the west in order to comply with the 10 -foot requirement. © He stated staff would recommend adding condition 7: this resolution and conditions take the conditions forward and supersedes the resolution that was approved in July 2011. Councilmember Trude stated the Planning Commission had done a good job with the request. Regular Andover City Council Meeting Minutes —April 17, 2012 Page 7 She stated the City had not required the 10 -foot by 18 -foot parking stalls to be striped for the other car dealership in Andover. She suggested the City allow flexibility on the area designated as a display area. Community Development Director Carlberg stated this request would require approval of a variance utilizing the Interim Performance Standards because this would not meet the intent of the code. This could be included in the resolution. Councilmember Trude stated the employee and customer parking standards would need to be met but the area that would be used to display cars should not have to have full parking stalls. Mr. Jason Hemp, Xcel Properties LLC, Ham Lake, stated there would be ten (10) stalls in the back that would be used for employees. Councilmember Howard stated if the stalls are striped and the dealerships are no longer in business, the facility would have parking stalls that did not meet the City's code. Councilmember Trude pointed out other car dealerships did not have cars displayed in striped © parking lots. Mayor Gamache stated this is the only area the City has car dealerships. Councilmember Trude suggested adding a definition for car display areas to the City's ordinances and this would allow the City to not require striping in these areas. Mayor Gamache stated the stripes could be added but the dealerships could park the cars where they needed to. Community Development Director Carlberg clarified for the City's needs it would just need to identify the space is there. He will need to verify this through state licensing requirements as well. Councilmember Bukkila stated how the vehicles are parked in the show area is not something the City will monitor. Mr. Hemp stated a potential problem with not having the lot striped would be the State requires this amount for all parking spaces, this is what is being set by the striping. Community Development Director Carlberg stated as part of this approval the Council could © clarify ten (10) spaces for customer and employee parking would have to be striped and identified at the 10 -foot by 18 -foot requirement. This will allow the vehicle display area to not be striped. Q Regular Andover City Council Meeting Minutes —April 17, 2012 Page 8 Councilmember Trude suggested a deadline be added to condition 6. She asked the applicant if 120 days from completion of the parking lot would be acceptable. Mr. Hemp stated this would be acceptable. Councilmember Trude stated the third "Whereas" clause should be changed to: "Whereas the applicant has requested an amendment to the approved conditional use permit for the parking expansion to allow in certain instances the display of more vehicles for sale and the ability to seek additional vehicle sales licenses to be issued for the subject property". Councilmember Trude suggested adding condition 8: Any exterior dumpsters and trash storage shall be enclosed according to city code. Motion by Councilmember Knight, Seconded by Councilmember Trude, to approve the resolution approving the Conditional Use Permit for parking expansion for used vehicle sales on the property located at 3138 162 °a Lane NW with the eight (8) conditions and the amendment allowing ten (10) spaces for customer and employee parking to be striped according to code and the remaining lot to remain unstriped, and the amendment to the third "Whereas" clause: Whereas the applicant has © requested an amendment to the approved conditional use permit for the parking expansion to allow in certain instances the display of more vehicles for sale and the ability to seek additional vehicle sales licenses to be issued for the subject property. The motion carried unanimously. (See Resolution R042 -12) 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. Updates were provided on the Trident Development, the Wal -Mart proposal, the Parkside at Andover Station and platting activities. He also stated the Hawkridge Park Grand Opening is scheduled on April 21St, the next City Council workshop is April 20, and the next EDA and City Council meetings are May 1St. He clarified there would be document shredding available at the April 28th Recycling Day event. He sated the City Wide Garage Sale is scheduled for May 17th to May 19th. The audit has been completed and a presentation will be made to the Council in May. He stated he would be chairing the meeting for the Connect Anoka County Governance Group and they will be addressing fiber usage. He also met with the Director of EMS Service for Allina to discuss ambulance service in Andover. Allina will have an open house for their new base in Mounds View on April 24th. Councilmember Trude asked about the grants the City had received, identified in the Consent Agenda. City Administrator Dickinson stated the City had received a grant from Great River Greening for Martin Meadows. These funds will be used for slope stabilization, buckthorn treatment, and Regular Andover City Council Meeting Minutes —April 17, 2012 Page 9 prairie restoration. The DNR Forestry grant received by the City will be used for planting trees in the City. The City also will have dugout enclosures at Sunshine Park donated by the Andover Athletic Association. The City received donations for Sophie's Park. There will be a "Little Free Library" and basketball hoop added to this park. Councilmember Trude stated she would like to see a book mobile come to the Community Center. City Administrator Dickinson stated this service is no longer provided. Councilmember Howard asked if there would be a group responsible for planting trees as part of the DNR Forestry grant or if this would be done by staff. City Administrator Dickinson stated staff maybe working with groups and potential Eagle Scout projects. Councilmember Trude suggested some of the DNR Forestry grant be used at Lions Park. She also suggested the downed trees be removed and the screening improved. MAYOR/COUNCIL INPUT (Resident Letter) Mayor Gamache stated he had received a letter from a resident in regard to the number of pets residents are allowed to have. City Administrator Dickinson clarified residents can have up to three (3) dogs and/or cats and this does not include rats or other types of small animals. Also chickens are not allowed in the urban areas of the City. (Annual Business Development Day Golf Tournament) Mayor Gamache stated the l0a' Annual Business Development Day Golf Tournament would be at the Refuge Golf Course on June 13, 2012. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:19 p.m. Respectfully submitted, aTina Borg, Recording Secretary Regular Andover City Council Meeting Minutes —April 17, 2012 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL 17, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — ARBOR DAY ............................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 3 CONSENTITEMS .......................................................................................... ............................... 3 Item 2 Approve Payment of Claims .......................................................... ............................... 3 Item 3 Approve Grant Agreement /12- 19/Martin's Meadow Improvements ........................... 3 Item 4 Accept Donation/Sophie's Park (See Resolution R038- 12) .......... ............................... 3 Item 5 Accept Plan for Dugouts /Sunshine Park Ball Fields ..................... ............................... 3 Item 6 Approve Easements /11 -10 /South Coon Creek Drive NW Reconstruction .................. 3 Item 7 Accept 2012 -2014 DNR Forest Bonding Grant/ 12- 24 .................. ............................... 3 Item 8 Award Bid /12 -2a, 12 -2b, 12 -2c (2012 Street Reconstruction), 12 -8 (2012 Curb, Sidewalk & Pedestrian Ramp Repairs) and 12 -13 (Sunshine Park Parking Lot Expansion West Side Phase 3) (See Resolution R039- 12) .................................... ............................... 3 Item 9 Outdoor Event Date Change/Tanners Station ................................ ............................... 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 CONSIDER CONDITIONAL USE PERMIT — COMMERCIAL ANIMAL TRAINING FACILITY — 3131 161sT AVENUE NW (See Resolution R040 -12) ......... ............................... 3 CONSIDER CONDITIONAL USE PERMIT — TEMPORARY STORAGE OF FILL —16563 HANSON BOULEVARD NW (See Resolution R041 -12) ........................ ............................... 5 CONSIDER CONDITIONAL USE PERMIT — USED VEHICLE SALES /PARKING LOT EXPANSION — 3138 162ND LANE NW (See Resolution R042- 12) .......... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 (Resident Letter) .......................................................................................... ............................... 9 (Annual Business Development Day Golf Tournament) ............................. ............................... 9 ADJOURNMENT............................................................................................ ............................... 9 LM