Loading...
HomeMy WebLinkAboutCC - May 21, 2013C I T Y O F ND OWE © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, May 21, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Special Presentation — Andover Football Association Donation Resident Forum Agenda Approval 1. Approval of Minutes (4/30/13 Workshop; 4/30/13 Closed; 5/7/13 Regular; 5/7/13 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolutions Revoking and Designating MSA Streets — Engineering 4. Approve Resolution Supporting Grant & Modifications to Anoka Dam Regarding Asian Carp Barrier /13 -22 — Engineering 5. Approve Refuse/Recycler Hauler Licenses — Administration 6. Approve Donation for Tree Trust "Learning With Trees" Program/Andover Elementary Tree Planting Project — Engineering 7. Approve Plans & Spec /Order Advertisement for Bids FOR Well Components /12 -31 /Sports Complex/353 - 161" Avenue NW -Engineering 8. Approve Final Plat Miller's Woods 4`h Addition — Planning 9. Approve Lease Agreement with the Anoka- Hennepin School District /2013 Andover Family Fun Fest — Finance 10. Accept Donation/Andover Football Assoc. /12 -31 /Sports Complex/3535 - 1615` Avenue NW — Engineering 11. Approve Application for Exempt Permit /Andover Lions Club — Administration 12. Approve Temporary 3.2% Malt Liquor License /Andover Lions/Fun Fest — Administration Discussion Items 13. Anoka County Sheriff's Department Monthly Report — Sheriff 14, 2012 Audit Presentation/HLB Tautges Redpath— Finance 15. Consider Conditional Use Permit - Temporary Dock on the Rum River — 15238 7`" Avenue NW - Patricia Rysdam — Planning 16. Consider Conditional Use Permit — Mining and Land Reclamation — NE Corner of Bunker Lake Blvd, and 7°i Ave. - North Pine Aggregate - Planning 17, Consider Preliminary Plat/Planned Unit Development Amendment - Parkside at Andover Station 4"' Addition — Planning Staff Items 18. Administrator's Report —Administration Mayor /Council Input Closed Session: Property Negotiations Update PID#s 14- 32 -24 -22 -0012, 14- 32 -24 -22 -0016 &14- 32 -24 -21 -0001 Adjournment .0 IND OVER* k X REGULAR ANDOVER CITY COUNCIL MEETING — MAY 21, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 21, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila (arrived at 7:05 p.m.), Julie Trade and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Director of Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE PRESENTATION FROMANDOVER FOOTBALL ASSOCIATION Ms. Twila Hawk presented the City with a donation from the Andover Football Association. Mayor Gamache accepted the donation. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Staff added supplemental information to Item 5, (Approve Refuse /Recycler Hauler Licenses). Councilmember Trade asked to have Item 4, (Approve Resolution Supporting Grant & Modifications to Anoka Dam Regarding Asian Carp Barrier /13 -22), pulled from the consent agenda for discussion. Motion by Trade, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. Councilmember Bukkila arrived at 7:05 p.m. ® Regular Andover City Council Meeting Minutes —May 21, 2013 Page 2 APPROVAL OF MINUTES April 30, 2013, Workshop Meeting: Correct as amended. Councilmember Trade requested a correction on page two, line 12, remove the sentence and replace with "HUD's explanation of how senior housing should be advertised ". Motion by Trade, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. April 30, 2013, Closed Session Meeting: Correct as presented. Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. May 7, 2013, Regular Meeting: Correct as amended. Councilmember Trade, requested a correction on page three, line 34, should read " Councilmember ® Trade stated she previously was not interested in purchasing this parcel when they could not get the road in..." Motion by Howard, Seconded by Trade, to approve the minutes as indicated above. Motion carried unanimously. May 7, 2013, Closed Session Meeting: Correct as presented. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Resolutions Revoking and Designating MSA Streets (See Resolutions R037 -13 & R038 -13) Item 5 Approve Refuse/Recycler Hauler Licenses Item 6 Approve Donation for Tree Trust "Learning with Trees" Program/Andover Elementary Tree Planting Project Item 7 Approve Plans & Specs /Oder Advertisement for Bids for Well Components /12- 31 /Sports Complex /3535 — 161" Avenue NW (See Resolution R040 -13) Item 8 Approve Final Plat Miller's Woods 4`t' Addition (See Resolution R041 -13) Item 9 Approve Lease Agreement with the Anoka - Hennepin School District /2013 Andover Family Fun Fest Item 10 Accept Donation/Andover Football Assoc. /12 -31 /Sports Complex /3535 —1615 © Regular Andover City Council Meeting Minutes — May 21, 2013 Page 3 Avenue NW (See Resolution R042 -13) Item 11 Approve Application for Exempt Permit/Andover Lions Club Item 12 Approve Temporary 3.2% Malt Liquor License /Andover Lions /Fun Fest Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Commander Kevin Halweg from the Anoka County Sheriff's Department presented the April monthly Sheriff's Report. Deputy Chris Pierro was at the meeting to receive recognition for outstanding performance in the line of duty. The Council thanked Deputy Pierro for his heroic efforts. 2012 AUDIT PRESENTATION/HLB TAUTGES REDPATH Mr. Dickinson explained Peggy Moeller, CPA, an Audit Partner with the City's auditing firm, HLB © Tautges Redpath, was at the meeting to make a presentation to the City Council related to the City of Andover Comprehensive Annual Financial Report (CAFR) as of December 31, 2012 and the corresponding Management Report. Ms. Peggy Moeller made a presentation to the Council Councilmember Knight thanked Mr. Dickinson and City staff for all of their hard work throughout the year. Motion by Trude, Seconded by Howard, to accept and receive the 2012 Audit report. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT — TEMPORAR Y D 0 CK ON THE RUMRIVER — 15238 7' AVENUE NW Mr. Carlberg stated the applicants, Peter Miller and Patricia Rysdam of 15238 — 7th Avenue NW, are seeking approval of a conditional use permit allowing a temporary dock on the Rum River. The applicants are seeking this structure for the docking of kayaks and canoes. Mr. Carlberg reviewed the staff report with the Council. © Councilmember Trude stated she was confused about the letter of request indicating they needed to have some concrete footing to support the dock and asked for clarification on this because she did not think the DNR would allow concrete footings. Mr. Carlberg thought the idea was that there would be some cabling systems tying the dock back to the bank of the river and then above ® Regular Andover City Council Meeting Minutes — May 21, 2013 Page 4 the high water mark they would have some type of footing or anchoring system that would allow some type of stabilization of the dock. The footings will be on the shore and not in the waterway. Councilmember Trude asked who will monitor this to make sure everything is done correctly. Mr. Carlberg indicated the City will follow up with inspections on the construction and installation of the dock. Staff reviewed with the Council the DNR recommendation. Mayor Gamache indicated he is surprised the City would be in the situation where they would allow anyone to come in for dock approval. He stated he is going to vote against this because he would rather not get into a situation where more people come in for approval. He stated they have not had any dock applications since 1988 and the river looks the way it does because of this. He would rather not see them start this at this time. At the very least, he would only go with the taking of two sections out; going with what the DNR has indicated should be there. Councilmember Knight agreed and thought at the minimum, the approval should be what the ® DNR has recommended. Councilmember Bukkila asked what the shoreline is made of. Mr. Carlberg indicated there is some clay and sand with some steep bluff areas. Councilmember Trude wondered about the shoreline and thought it looked like there is a lot of space between the home and the shore. She thought it would be helpful to hear from the applicant about the shoreline. Ms. Rysdam explained why they wanted to have a dock and reviewed the plans for construction of the dock. Mr. Berkowitz reviewed the river elevations with the Council. Ms. Rysdam explained the type of dock they are looking at installing in the river and how it would be anchored. She noted they are planning on going with the cable system to secure the dock but have not gotten into the water to see what type of bottom is in the river. She noted the dock would come out in the fall each year. Councilmember Bukkila stated she is comfortable with what the Planning Commission has recommended with removing one section of the dock. Councilmember Howard stated he is comfortable with approving this as the DNR recommended, removing two of the sections and just having one in order to preserve the Rum River scenic view. Councilmember Trude stated she would like to see less than what is proposed. © Regular Andover City Council Meeting Minutes —May 21, 2013 Page 5 Councilmember Trade wondered if the dock would work as proposed by the DNR. Ms. Rysdam stated their thinking when they planned it was the gangway, according to one of the DNR drawings, showed a gangway as being a separate piece from the dock itself and that was kind of what they went by. That was considered a separate walkway and Ms. Druery from the DNR indicated to them that they can go out to the side as far as they want as long as they do not go into the river, any longer than eight feet. Councilmember Trude stated the DNR memo was that of the proposed dock, they would like to see two of the sections removed and the Planning Commission made a compromise of one section but the Council does not know what the resident's response is to either of the recommendations. Ms. Rysdam indicated when they planned this the section for the kayak slip on either side is only thirty inches wide, so if a canoe were to be brought up alongside, they would need some footage to get out of the boat so they asked for extra panels in order to get the canoe in far enough in order to step up and out of it and remain stable on the water. It would give stability. Councilmember Bukkila indicated she would not remove the two panels but would allow for safety. © Mayor Gamache stated his concern is they have had two requests since 1978 that have been approved and he has looked at the river and been on the river and as you get into the more urban area of Ramsey you begin to see the docks, in the rural area you do not see many. He would not be in favor of this. Councilmember Trude did not think it was reasonable to deny this request because it would be taking away their property rights. She can understand the City's role to limit the obtrusiveness and that would be a reasonable regulation but to say they cannot have one at all is not reasonable, so she thought they had to find something that works with the majority of the Council to allow them to exercise their property rights. If there was a prohibition in the City that would be different and because they have not seen many applications is not because they prohibit it, just a lack of activity and the abrupt shoreline on Andover's side of the river. She thought they had to preserve a property right and balance it out. Councilmember Knight stated he would lean towards the DNR recommendation. Motion by Howard, Seconded by Gamache, to allow one four by eight section with the two floating sections for the kayak slip. Further Discussion: © Mr. Dickinson reviewed the motion presented and indicated in the Resolution, Item two should read "With two of the 4x8 sections removed." Regular Andover City Council Meeting Minutes — May 21, 2013 Page 6 Councilmember Trade wondered if this would still allow the homeowner access and something they could build. Ms. Rysdam indicated the dock could still be built but would be hard to determine for sure until the boats are out. Councilmember Trade asked when the dock is built and if the homeowner runs into problems would the Council entertain a revisiting of this to respond to any issues they came up with otherwise she would be interested in tabling this until the next meeting and get a little more information. She wondered if the Council would agree to this. Councilmember Bukkila stated she wanted to make sure the use is functional and the length of a canoe is concerning to her. She wanted to make sure the applicant is safe. Councilmember Trade stated she would rather table this in order to get a better view of the area and how the dock would look in the water. She would like more information and photos to review. Mr. Carlberg stated the applicant is only working with an eight foot kayak and if one panel was removed they would have twelve feet within the area with the shore to get out of a sixteen foot canoe. Tf they are looking at the reasonableness of this removing one panel would be adequate. © Councilmember Howard indicated he would like to keep the motion as is. Motion carried 4 ayes, 1 nay (Trade). (See Resolution R043 -13) Councilmember Trade thought there were some other things they should add to the CUP such as a time requirement. She would like to add April 30t' to October 31" of the year. Councilmember Bukkila did not think that was necessary because anyone who spends the money to purchase the dock and puts it in will remove it in the fall. Mayor Gamache stated he would not have an issue putting a time frame on the CUP if it has been done on other ones. Councilmember Bukkila indicated they already voted on the CUP and this should have been added before the motion was made. Councilmember Trade indicated they could amend the motion, if the Council was inclined. CONSIDER CONDITIONAL USE PERMIT— MINING AND LAND RECLAMATION— NE CORNER OF B UNKER LAKE BLVD. AND 7TH AVE — NORTH PINE AGGREGATE. Mr. Carlberg stated the property owner Rosella Sonsteby (represented by Glen Sonsteby) and the applicant North Aggregate are proposing to borrow (mine) up to 60,000 cubic yards of sand and replace it (land reclamation) with 20,000 cubic yards of black dirt. City Code 12 -12 requires a © conditional use permit for mining and /or land reclamation of more than 400 cubic yards of material on a property. Mr. Carlberg reviewed the staff report with the Council. © Regular Andover City Council Meeting Minutes — May 21, 2013 Page 7 Councilmember Trade asked how much the elevation would change with the sixty thousand cubic yards removed and replacing with twenty thousand cubic yards. She also asked if they can limit the entrance and access to the area that is under construction so they do not have any traffic with those big trucks going out onto 7th Avenue. Mr. Berkowitz reviewed the contours of the land with the Council. Councilmember Trade asked if more fill would need to be brought it. Mr. Berkowitz stated that would be dependent on the type of development. Councilmember Howard wondered if a developer would be able to get a full basement with the removing of the fill. Mr. Berkowitz indicated that may be a problem. Councilmember Trade indicated she wanted to add some words to the CUP conditions in order to limit the application. Motion by Trade, Seconded by Howard, to approve Resolution R044 -13, granting the Conditional Use Permit, clarifying conditions 4 & 5 as follows: 4. Mining is limited to 60,000 cubic yards of sand and land reclamation is limited to 20,000 cubic yards of black dirt, to occur only in the areas approved on the site plans. 5. An AutoCAD as -built must be submitted to the City showing compliance with this permit at the completion of mining and restoration of this site. Councilmember Knight asked the applicants what their response is to this motion. Mr. Glen Sostenby and Mr. Jensen came before the Council and indicated they did not have a problem with the dates and time in the resolution because the project is scheduled to be complete by this fall and intend on having the site cleaned up before Bunker Lake Boulevard is reopened. Councilmember Trade stated in regard to the mining and land reclamation, instead of limiting them to what the permit is and how much they can bring back, if they want to restore it up to the 60,000 cubic yards they can allow this, instead of limiting it to 20,000 cubic yards. Mr. Berkowitz indicated this is the wrong type of soil and they do not want to maximize out more than six to eight inches of top soil. Councilmember Trade understood and did not want to amend her motion after all. Motion carried unanimously. u Regular Andover City Council Meeting Minutes — May 21, 2013 Page 8 CONSIDER PRELIMINARY PLAT /PLANNED UNIT DEVELOPMENT AMENDMENT — PARKSIDE AT ANDOVER STATION 4' ADDITION Mr. Carlberg stated the City Council is asked to review and approve the revised preliminary plat and Planned Unit Development (PUD) of Parkside at Andover Station. Mr. Carlberg reviewed the staff report with the Council. Mayor Gamache stated on the west side they are running into the pond and he assumed there will be some type of a plan for drainage. Mr. Carlberg indicated there will be a grading and drainage plan along with a landscaping plan. Mr. Berkowitz stated a fence will not be allowed in the drainage and utility easement. Councilmember Knight asked if there is any way to dress up the pond to the north of this parcel. Mr. Berkowitz stated this is a wetland mitigation area and he did not think they should alter the area. Mayor Gamache asked if there is a sidewalk on the property. Mr. Carlberg indicated there is a trail on the south side of 139`}' Avenue and on the west side of Linnet Street so somehow they could get access to the trail or sidewalk. Mayor Gamache stated he would like to see something out front but did not want to build a trail that only goes from the site west to another trail and nothing to the east. Mr. Berkowitz stated they could require a pedestrian ramp be constructed. He reviewed with the Council possible connections. Motion by Trude, Seconded by Bukkila, to approve the revised Preliminary Plat and Planned Unit Development subject to the conditions of Resolution R045 -13, striking the second condition and renumbering with the understanding a sidewalk would be reviewed by ARC. Motion carried unanimously. APPROVE RESOLUTION SUPPORTING GRANT & MODIFICATIONS TO ANOKA DAM REGARDING ASIAN CARP BARRIER173 -22 Mr. Dickinson stated the City Council is requested to approve the resolution supporting a grant application and modifications to the Anoka Dam located on the Rum River to serve as an Asian Carp Barrier. Mr. Dickinson reviewed the staff report with the Council. © Councilmember Trude stated she wanted to bring up two items. She indicated she is not opposing this item. She wanted it to be understood by staff that they have not agreed on the formula for the funding of any project that comes up so if the grant is not awarded they may be © Regular Andover City Council Meeting Minutes — May 21, 2013 Page 9 back to the drawing board to figure out how to fund it. They also should seek support from other entities to the north of the City. Councilmember Knight stated he would like to see some push to get this into the legacy program, which is to provide for this type of improvement. Mr. Dickinson updated the Council on the progress being done. Motion by Howard, Seconded by Knight, to approve Resolution R039 -13, supporting a grant application and modification to the Anoka Dam located on the Rum River to serve as an Asian Carp Barrier. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development /CIP projects, and meeting reminders /community events. MAYORICOUNCIL INPUT (Transportation Plan Update) Mayor Gamache asked if staff has removed the plans for building a bridge across 157th Avenue from the City's transportation plan. Mr. Berkowitz indicated it has been removed. (Road Complaints) Councilmember Trade thanked staff for working on complaints people had about their road being the detour for Bunker Lake Boulevard. (Interim Use Permit) Councilmember Trade stated in regard to the Interim Use Permit, she would like this back on the Council's table because they really need this type of tool. Mr. Carlberg indicated the Planning Commission would like to have a joint workshop with the Council in June regarding this and other code revisions they have been working on. (Lot Split Discussion) Councilmember Trade stated another issue that has gotten lost is a lot split by property owners who are not looking to sell some land. She would like to have this brought back for Council review and discussion. (MNLegislature -LGA) Mayor Gamache stated with the Legislature ending their session, the City will no longer need to pay sales tax on purchases and almost ten years of not receiving LGA, they will be getting some again. His goal would be to use the LGA as property tax relief. Q (Crooked Lake Association) Mayor Gamache stated the Crooked Lake Association is having a meeting on May 30, 2013 at Crooked Lake Elementary School. © Regular Andover City Council Meeting Minutes — May 21, 2013 Page 10 RECESS Mayor Gamache recessed the regular City Council meeting at 8:59 p.m. to a closed session of the City Council to discuss Property Negotiations Update PID Ws: 14-32-24-22-0012,12-32-24-22- 0016 & 14- 32 -24 -21 -0001. RECONVENE The City Council reconvened at 9:27 p.m. ADJOURNMENT Motion by Bukkila, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:28 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary x H Regular Andover City Council Meeting Minutes — May 21, 2013 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MAY 21, 2013 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 PRESENTATION FROM THE ANDOVER FOOTBALL ASSOCIATION . ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 ApprovePayment of Claims ........................................................................ ............................... 2 Approve Resolutions Revoking and Designating MSA Streets (See Resolutions R037 -13 & R038 -12) .............................................................................................. ............................... 2 Approve Refuse /Recycler Hauler Licenses .................................................. ............................... 2 Approve Donation for Tree Trust "Learning with Trees" Program/Andover Elementary Tree PlantingProject .................................................................................... ............................... 2 Approve Plans & Specs /Order Advertisement for Bids For Well Components /12 -31 /Sports Complex /3535 —161St Avenue NW (See Resolution R040- 13) .......... ............................... 2 Approve Final Plat Miller's Woods 4th Addition (See Resolution R41- 13) ............................... 2 Approve Lease Agreement with the Anoka - Hennepin School District/2013 Andover Family FunFest ................................................................................................ ............................... 2 Accept Donation/Andover Football Assoc. /12 -31 /Sports Complex /3535 — 161" Avenue NW (See Resolution R042- 13) .................................................................... ............................... 2 Approve Application for Exempt Permit /Andover Lions Club ................... ............................... 3 Approve Temporary 3.2% Malt Liquor License /Andover Lions /Fun Fest .. ............................... 3 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 3 2012 AUDIT PRESENTATION /HLB TAUTGES REDPATH ...................... ............................... 3 CONSIDER CONDITIONAL USE PERMIT — TEMPORARY DOCK ON THE RUM RIVER — 152387TH AVENUE NW (See Resolution R043- 13) ................................. ............................... 3 CONSIDER CONDITIONAL USE PERMIT — MINING AND LAND RECLAMATION — NE CORNER OF BUNKER LAKE BLVD. AND 7TH AVE — NORTH PINE AGGREGATE (See ResolutionR044- 13) ................................................................................... ............................... 6 CONSIDER PRELIMINARY PLAT/PLANNED UNIT DEVELOPMENT AMENDMENT — PARKSIDE AT ANDOVER STATION 4TH ADDITION (See Resolution R045 -13) .............. 8 APPROVE RESOLUTION SUPPORTING GRANT & MODIFICATIONS TO ANOKA DAM REGARDING ASIAN CARP BARRIER/13 -22 (See Resolution R039- 13 ) ............................. 8 ADMINISTRATOR'S REPORT ..................................................................... ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 © Transportation Plan Update ......................................................................... ............................... 9 RoadComplaints .......................................................................................... ............................... 9 InterimUse Permit ................................................................... ..........................0.... 0................... 9 LotSplit Discussion ..................................................................................... ............................... 9 Regular Andover City Council Meeting Minutes — May 21, 2013 Page 12 MNLegislature- LGA ................................................................................... ............................... 9 CrookedLake Association ........................................................................... ............................... 9 RECESS /CLOSED SESSION ....................................................................... ............................... 10 ADJOURNMENT.......................................................................................... ............................... 10 0 Ho