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CC - September 18, 2012
?CN T Y O F DOVE © 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, September 18, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/28/12 Workshop; 9/4/12 Regular; 9/4/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Change Order #1 /11- 48/Well #6 — Engineering 4. Declare Cost/Order Assessment Roll/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) & 12- 2c (1476i Avenue NW) /2012 Street Reconstruction —Engineering 5. Receive Assessment Roll/Order Public Hearing/11- 40/133rd Avenue NW Reconstruction —Engineering 6. Declare Cost/Order Assessment Roll/12- 32/2118 -2120 —140th Lane NW/WM — Engineering 7. Award Quote /12- 34/Relocation of Recycling Center — Engineering 8. Approve Compensating Change Order #1/11- 43/140`h Lane NW Water Main Improvements — Engineering 9. Award Bid/07- 20/Parkside at Andover Station 3rd Addition (Supplemental) — Engineering 10. Accept Donation/11 -10 /South Coon Creek Drive NW Reconstruction/Mickman Brothers — Engineering 11. Award Quote /Surface Seal Brick Structures — Finance 12. Declare Surplus Equipment - Finance Discussion Items 13. Anoka County Sheriff's Office Monthly Report — Sheriff 14. Public Hearing: Vacation of Easement/ 15754 Yellow Pine Street NW -Planning 15. Public Hearing: Vacation of Easements/Parkside at Andover Station 2nd Addition - Planning 16. Approve Revised Preliminary Plat & Revised Planned Unit Development Parkside at Andover Station - Planning 17. Approve Final Plat/Parkside at Andover Station 3`d Addition — Planning 18. Consider No Parking Resolution on Prairie Road NW & 146°i Lane NW - Engineering Staff Items 19. Schedule October EDA Meeting -Administration 20. Administrator's Report —Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Update Property Negotiations PID #s 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, 11- 32 -24 -24 -0001, & 11- 32 -24 -22 -0001 Adjournment t T Y 0 F DOVERS REGULAR ANDOVER CITY COUNCIL MEETING —SEPTEMBER 18, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 18, 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 Public Work Director /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache stated staff had supplied supplemental information for Item 9 on the Consent Items and for the Monthly Sheriff's Report. Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve the Agenda as presented with the supplemental information. Motion carried unanimously. APPROVAL OFMINUTES August 28, 2012 City Council Workshop Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve the August 28, 2012, City Council Workshop minutes as presented. The motion carried unanimously. September 4, 2012 Regular City Council Meeting © Regular Andover City Council Meeting Minutes — September 18, 2012 Page 2 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve the September 4, 2012, Regular City Council Meeting minutes as presented. The motion carried unanimously. September 4, 2012 Closed City Council Meeting Councilmember Trade stated on page 5, line 14, there should be a period (.) after the word requirements and the rest of the sentence removed. Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the September 4, 2012, Closed City Council Meeting minutes as amended. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Change Order #1/11- 48/Well #6 (See Resolution R083 -12) Item 4 Declare Cost/Order Assessment Roll /12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) and 12 -2c (147d' Avenue NW) /2012 Street Reconstruction © (See Resolution R084 -12 & R085 -12) Item 5 Receive Assessment Roll /Order Public Hearing/11- 40/133rd Avenue NW Reconstruction (See Resolution R086 -12) Item 6 Declare Cost/Order Assessment Roll /12- 32/2118 -2120 —140d' Lane NW/WM (See Resolution R087 -12) Item 7 Award Quote /12 -34 /Relocation of Recycling Center Item 8 Approve Compensating Change Order #1/11 - 43/140'' Lane NW Water Main Improvements (See Resolution R088 -12) Item 9 Award Bid/07- 20 /Parkside at Andover Station 3rd Addition (Supplemental) (See Resolution R089 -12) Item 10 Accept Donation/11 -10 /South Coon Creek Drive NW Reconstruction/Mickman Brothers (See Resolution R090 -12) Item 11 Award Quote /Surface Seal Brick Structures Item 12 Declare Surplus Equipment Motion by Councilmember Knight, Seconded by Councilmember Trade, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents ® with an update on law enforcement activities within the City for August 2012 including 7 DUI arrests, 4 domestic arrests, an impaired motorcyclist who had fled from the officer and resisted arrest and a single vehicle accident involving a motorist going in excess of 90 mph. This case is currently with the Investigative Unit. © Regular Andover City Council Meeting Minutes — September 18, 2012 Page 3 PUBLIC HEARING: VACATION OF EASEMENT /15754 YELLOW PINE STREET NW Community Development Director Carlberg stated the proposed vacation of easement would eliminate the encroachment of a detached accessory structure placed in a portion of the drainage and utility easement. The property owner, Mr. Morgenstern, is requesting a vacation for a portion of an existing easement in which an existing 8x12 accessory structure encroaches. The City Engineer and Coon Creek Watershed District have reviewed the proposal and have no issues with the vacation. However, the drainage and utility easement is part of a wetland protected by Minnesota Chapter 8420 Wetland Conservation Act (WCA). WCA wetlands must not be impacted unless by restoring, or creating wetlands of equal public value. The required replacement of wetland impact is at a 2:1 ratio from an approved wetland bank. In this case, 90 square feet is impacted therefore 180 square feet of wetland credits will need to be purchased by the applicant. Councilmember Trade clarified the applicant would be purchasing the wetland banking credits and the current structure does not impede the water flow of the neighboring properties. She asked if there is a condition in the resolution requiring the applicant to purchase the wetland credits. Community Development Director Carlberg stated there is not a condition in the resolution but the applicant will need to purchase these credits in order to meet the Watershed's requirements and get approval. Councilmember Trade suggested the Council add a condition requiring approval from the watershed and the purchase of the wetland credits. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to open the public hearing at 7:13 p.m. The motion carried unanimously. Motion by Councilmember Knight, Seconded by Councilmember Trade, to close the public hearing at 7:14 p.m. The motion carried unanimously. Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve a resolution granting the Vacation of Easement on Lot 13, Block 4, Woodland Oaks with the added condition of approval from the Watershed District. The motion carried unanimously. PUBLICHEARING: VACATIONOFEASEMENTS IPARKSIDEATANDOVERSTATION2ND ADDITION © Community Development Director Carlberg stated the Andover Economic Development Authority is requesting a vacation of easements. The proposed vacation of easements would eliminate drainage and utility easements on Lots 1 -5, Block 1, and Outlots A, B, and C, and a conservation easement on part of Outlot B. This is one step in clearing the way for a proposed © Regular Andover City Council Meeting Minutes — September 18, 2012 Page 4 project. A revised preliminary plat and Planned Unit Development (PUD) to change the types of houses from townhomes to single - family houses was heard at the Planning Commission's September l ld' meeting. The proposed vacation of easement is contingent upon the approval of the final plat for Parkside at Andover Station 3rd Addition and establishment of new drainage and utility easements. Councilmember Trude clarified the City would enforce the Code that requires two (2) trees on each lot even though these lots are smaller than what is typically seen in Andover. Community Development Director Carlberg stated the project would be required to meet the City's code of two (2) trees per property and this will be enforced. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to open the public hearing at 7:19 p.m. The motion carried unanimously. Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to close the public hearing at 7:20 p.m. The motion carried unanimously. © Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve a resolution granting the Vacation of Easement on Lots 1 -5, Block 1 and Outlots A, B, and C Parkside at Andover Station 2 "d Addition. The motion carried unanimously. APPROVE REVISED PRELIMINARY PLAT AND REVISED PLANNED UNIT DEVELOPMENT PARKSIDE AT ANDOVER STATION Community Development Director Carlberg stated the first and second phases of the preliminary plat/PUD have been revised to change the style of housing from attached townhomes and detached townhome units to single - family units. This adjustment reduces the number of units in Phase 1 from the planned 24 attached townhomes to 9 single - family units and increases the number of units in Phase 2 from 33 detached townhomes to 36 single - family homes. The rear yard setback is proposed to change from 33 -feet to 30 -feet and the side -yard setback from the street will change from 25 -feet to 20 -feet. He reviewed the buildability, streets, pedestrian access, and easements for the project. He also stated a majority of the trees would be removed but the developer and builder would work to save as many as possible. There will be no park dedication and trail fees with this project because these have been satisfied by the Andover Economic Development Authority in the development of the Andover Station North ball fields and other amenities. The Planning Commission recommends approval of the proposed project subject to the conditions in the approval resolution including a review by the City Attorney to determine if single - family homes could be built in the M1 Zoning District. Community ® Development Director Carlberg referenced an email in the council packet where the City Attorney has determined the project meets the intent of the district and the City's Comprehensive Plan. Regular Andover City Council Meeting Minutes — September 18, 2012 Page 5 Councilmember Trude expressed concerns that a house on Lot 6 would have problems with a blind driveway access and the potential for the driveway to be close to the curve and conflict with snow removal activities. She asked if staff and the City Engineer had reviewed this parcel and if this would meet the City's standards. City Engineer Berkowitz stated staff has looked at the layout and the house would be placed with the garage to the east of the lot so the driveway would not be on the curve. There are similar situations in other developments in the City. This is not a high traffic volume street or a through street and staff would not have any significant concerns with this lot. The site lines are open enough for anyone backing out of a garage in this location. Councilmember Trude asked if this lot would be able to be fenced in by the property owner based on the City's standards and ordinances. Community Development Director Carlberg clarified a fence would be allowed along the side but the site line would need to be preserved. They would be able to put in a taller fence in the back yard and would not all be considered side yard. Any other additions made to these lots would need to meet the City's standards and codes. © Councilmember Bukkila stated the traffic in this area would be minimal due to the configuration of the streets and the location of the lots. Councilmember Trude stated the proposed plat is an improvement over the previous plan. She stated she would ask that the developer look closely at creating some type of association to regularly maintain issues that may arise because these will have a greater impact on this neighborhood because the lots are smaller than what the City has approved in the past. Community Development Director Carlberg stated the calls staff had received from neighboring residents were supportive of the change to single - family homes and not rental type units or townhomes. City Attorney Baumgartner stated the question asked by the Planning Commission was the legality of allowing single - family detached homes in the M1 District. He stated the project's original Planned Unit Development (PUD) had been revised in 2006 to allow for the detached townhome units. Title 13, Chapter 3, Section 13 -3 -1 of the City Code, which identified the purpose of a PUD, states that all standards and provisions relating to an original zoning district shall apply, unless otherwise approved as part of the PUD. Since the PUD amendment was granted in 2006, it must be assumed that the Council at that time made sufficient findings as required under Section 13 -3 -9 to allow for the detached townhomes. The question of whether © revising the preliminary plat to allow for detached single - family homes is still in keeping with the intent of the Comprehensive Plan and purposes of the PUD for this particular development. Councilmember Trude suggested Condition 9 be removed from the resolution since the City © Regular Andover City Council Meeting Minutes — September 18, 2012 Page 6 Attorney has addressed the concerns of the Planning Commission. Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve a resolution amending resolution R052 -05 to modify the preliminary plat and Planned Unit Development standards of " Parkside at Andover Station' located in Section 34, Township 32, Range 24, Anoka County, Minnesota as amended by the removal of condition 9. The motion carried unanimously. APPROVE FINAL PLAT /PARKSIDE AT ANDOVER STATION 3RD ADDITION Community Development Director Carlberg clarified the Council was asked to approve the final plat for the 3rd Addition at Parkside at Andover Station. Motion by Councilmember Knight, Seconded by Councilmember Howard to approve a resolution approving the final plat of " Parkside at Andover Station Third Addition' on property located in Section 34, Township 32, Range 24, Anoka County, Minnesota. The motion carried unanimously. Q CONSIDER NO PARKING RESOLUTION ON PRAIRIE ROAD NW AND 146TH LANE NW Mayor Gamache stated there had been several calls regarding traffic issues that had occurred over the past weekend. The City needs to address this area so there is not a serious accident at the corner of Prairie Road and 146"' Lane NW. People are parking much to close to the intersections and this makes it difficult for people to see around the cars when trying to get onto Prairie Road. According to the manuals the City uses for placing signs and based on the speed of the road no parking should be allowed within 1,000 -feet of the intersection. Mayor Gamache stated that distance would be excessive for this location. He recommended the City consider posting "no parking here to corner" signs within 200 -feet to 250 -feet of the intersection. Councilmember Trude stated the signs would be good to establish the site lines. She stated she would agree with no parking within 200 -feet of the corners. Mayor Gamache suggested posting no parking within 250 -feet of the corner on all sides Prairie Road and let the Sheriff's office know so this can be monitored. Councilmember Howard asked if this would include posting no parking along 146th Lane NW. Mayor Gamache stated he would recommend 250 -feet along Prairie Road and 25 -feet on 146"' Lane NW. © City Engineer Berkowitz recommended more than 25 -feet from the corner along 146' Lane NW. Councilmember Howard stated he would also agree with more than 25 -feet along this road. This Regular Andover City Council Meeting Minutes — September 18, 2012 Page 7 may push more cars to the north parking lot. Councilmember Bukkila suggested 50 -feet from the corner on 146`" Lane NW so this does not impede on the residents who live along this road. City Engineer Berkowitz clarified the City is suggesting posting no parking within 50 -feet of the corner along both sides of 146`h Lane NW and 250 -feet along Prairies Road. Councilmember Trade suggested adding another park sign on Prairie Road for those traveling south on Prairie Road to let drivers know there is a park coming up. She suggested next to the single - family home at the corner of 148th Lane and Prairie Road. She also asked if a "children at play" sign could be added. Councilmember Bukkila stated the City does not want to post too many "children at play" signs because they would loose their effectiveness in the areas where they are really needed, such as around the schools. Councilmember Trade stated she would like to see a streetlight added on the corner of 146th Lane © and Prairie Road as well. Motion by Councilmember Knight, Seconded by Councilmember Howard to adopt a standard no parking resolution posting "No Parking Here to Corner" signs with a distance of 250 -feet north and south, along Prairie Road from 146th Lane NW and 50 -feet along east and west along 146"' Lane NW from Prairie Road on both sides of the streets. The motion carried unanimously. City Engineer Berkowitz stated staff would add a sign indicating a park ahead along Prairie Road and 148`h Lane. Mayor Gamache stated the athletic associations need to be notified of the change as well. SCHEDULE OCTOBER EDA Motion by Councilmember Trade, Seconded by Councilmember Bukkila to schedule an EDA Meeting at 6:00 p.m. before the October 16, 2012, City Council Meeting. 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 open space negotiations, a property purchase along Crosstown Drive continues to move forward. The City had 720 cars at the September 8th Recycling Day event. There have been 53 new single- family, there are 124 Regular Andover City Council Meeting Minutes — September 18, 2012 Page 8 units with the Arbor Oaks 71 units. There is potential for an additional 10 -15 new single - family homes within other developments in Andover. He reminded residents to keep their doors and windows locked and keep valuables out of sight. He also stated residents should be aware of the latest scam occurring with Craigslist and not send cashier checks to refund money to people. City Engineer Berkowitz stated the outfield fence at Sunshine Park has been replaced. Staff is also working on the relocation of the recycling center. This will be a project that will occur in several phases. The Council approved having the required class N brought in and this will be done in the next few weeks. The South Coon Creek Drive reconstruction project will be completed by the end of October but it will not be assessed prior to the end of the year. There had been delays with this project so it will be assessed in early 2013. The other road reconstruction projects for 2012 will be assessed by the end of the year. He clarified South Coon Creek Drive would be open by the end of October and ready for winter. He also stated the City received a $1,000 donation from Mickman Brothers for plant material for rain gardens in the South Coon Creek Drive project. Councilmember Knight stated a resident had asked if the City had a standard depth for manhole covers. There are several in the City that are low. City Engineer Berkowitz stated the City works to place manhole covers at a depth of /" to 'h" below pavement but the City is not able to control the depth of the manhole covers along the County roads. Community Development Director Carlberg stated Arbor Oaks had their ground breaking/ground blessing ceremony on Monday. The Conditional Use Permit request for Off -Sale Liquor sales for Wal -Mart will be included in the October 16, 2012, City Council meeting. Fairview Clinic will be expanding their location but there is no time frame for this expansion at this time. MA YORICO UNCIL INPUT (Planning Commission Public Hearing) Councilmember Trade stated the City Council had talked at a workshop about adding definitions to the City code for continuous and non- continuous operation. These definitions will be going to a public hearing with the Planning Commission on Tuesday, September 25h- Community Development Director Carlberg stated staff had sent notices to the business community for this hearing. The neighboring residential areas were not notified because this is a text amendment not pertaining to a particular business or property. © (Walk for Hope) Mayor Gamache stated Alexandra House Walk for Hope is September 29`" and registration closes September 27th. The event will be held at Bunker Lake Regional Park and starts at 9:00 a.m. Regular Andover City Council Meeting Minutes — September 18, 2012 Page 9 Mayor Gamache recessed the regular City Council meeting at 8:07 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations, Property Negotiations for PID #11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, 11- 32 -24 -24 -0001, and 11- 32 -24 -22 -0001. The City Council reconvened at 8:29 p.m. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:30 p.m. Respectfully submitted, Tina Borg, Recording Secretary x Regular Andover City Council Meeting Minutes — September 18, 2012 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPEMBER 18, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Change Order #1/11- 48/Well #6 (See Resolution R083- 12) ......................... 2 Item 4 Declare Cost/Order Assessment Roll /12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) and 12 -2c (147`h Avenue NW) /2012 Street Reconstruction (See ResolutionR084 -12 & R085- 12) ......................................................... ............................... 2 Item 5 Receive Assessment Roll /Order Public Hearing/11- 40/133`a Avenue NW Reconstruction (See Resolution R086- 12) ........................................... ............................... 2 Item 6 Declare Cost/Order Assessment Roll /12- 32/2118 -2120 —140th Lane NW/WM (See ResolutionR087- 12) ............................................................................ ............................... 2 Item 7 Award Quote /12 -34 /Relocation of Recycling Center .................... ............................... 2 QItem 8 Approve Compensating Change Order #1/11 - 43/140'' Lane NW Water Main Improvements (See Resolution R088- 12) ............................................ ............................... 2 Item 9 Award Bid /07- 20 /Parkside at Andover Station 3`a Addition (Supplemental) (See ResolutionR089- 12) ............................................................................ ............................... 2 Item 10 Accept Donation/I I -10 /South Coon Creek Drive NW Reconstruction/Mickman Brothers (See Resolution R090- 12) ..................................................... ............................... 2 Item 11 Award Quote /Surface Seal Brick Structures ................................. ............................... 2 Item 12 Declare Surplus Equipment ........................................................... ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 PUBLIC HEARING: VACATION OF EASEMENT /15754 YELLOW PINE STREET NW (See ResolutionR091 -12) ................................................................................... ............................... 3 PUBLIC HEARING: VACATION OF EASEMENTS / PARKSIDE AT ANDOVER STATION 2ND ADDITION (See Resolution R092 -12) ................................................ ............................... 3 APPROVE REVISED PRELIMINARY PLAT AND REVISED PLANNED UNIT DEVELOPMENT PARKSIDE AT ANDOVER STATION (See Resolution R093 -12) .......... 4 APPROVE FINAL PLAT / PARKSIDE AT ANDOVER STATION 3RD ADDITION (See ResolutionR094 -12) ................................................................................... ............................... 6 CONSIDER NO PARKING RESOLUTION ON PRAIRIE ROAD NW AND 146TH LANE NW (See Resolution R095 -12) ........................................................................... ............................... 6 SCHEDULEOCTOBER EDA ........................................................................ ............................... 7 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 8 (Planning Commission Public Hearing) ...................................................... ............................... (Walk for Hope) ........................................................................................... ............................... 8