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HomeMy WebLinkAboutCC - February 5, 2013A C I T Y 0 F ..r S.y�'w a NLD6 06 WE YSj. -. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, February 5, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (1/15/13 Regular; 1/15/13 Closed; 1/22/13 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Approval of Collective Bargaining Agreement/Public Works — Administration 4. Accept Resignation of Planning and Zoning Commissioner Michael Steel — Planning 5. Amend Official Depository Resolution — First MN Bank — Administration 6. Ratify the Appointments to the Advisory Commissions - Administration Discussion Items 7. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/13 -1 — Engineering 8. Hold Public Hearing/Order Plans & Specifications /13- 2/2013 Street Reconstruction - Engineering 9. Public Hearing: Vacation of Easement — Walmart - Planning 10. Approve Final Plat — Walmart at Andover Station — Planning 11. Public Hearing/Private Kennel License /15672 Kiowa Street NW — Administration 12. Discuss Safe Routes to Schools for Trail System — Engineering Staff Items 13. Schedule March EDA Meeting — Administration 14. Schedule April 250' Joint Meeting with Lower Rum River WMO Member Cities - Engineering 15. Schedule Local Board of Appeal & Equalization Meeting — Administration 16. Administrator's Report — Administration Mayor /Council Input Adjournment 0 X U REGULAR ANDOVER CITY COUNCIL MEETING —FEBRUARY 5, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 5, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila and Tony Howard Councilmember absent: Julie Trude Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Public Works Director, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Staff submitted a change to the agenda Item 6, action request. Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES January 15, 2013, Regular Meeting: Correct as amended. Staff indicated there were come changes submitted by Councilmember Trude which will be corrected in the minutes. The changes are consistent with the tape. Motion by Bukkila, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. January 15, 2013, Closed Session Meeting: Correct as presented. Regular Andover City Council Meeting Minutes — February 5, 2013 Page 2 Motion by Knight, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. January 22, 2013, Workshop Meeting: Correct as amended. Staff indicated there were come changes submitted which will be corrected, the changes are consistent with the tape. Motion by Howard, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approval of Collective Bargaining Agreement/Public Works Item 4 Accept Resignation of Planning and Zoning Commissioner Michael Steel Item 5 Approve Amending Official Depository Resolution — First MN Bank (See Resolution RO10 -13) © Item 6 Ratify the Appointments to the Advisory Commissions Motion by Howard, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATIONAND PUBLIC MEETING 113 -1 Mr. Kameron Kytonen, Natural Resources Technician, explained the City of Andover is required to comply with the latest NPDES regulations as set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public meeting to receive feedback on the program. Mr. Kytonen provided a presentation to the Council and the public. Mayor Gamache asked if the information could be made available online for the public. Mr. Kytonen indicated that it will be available. Mayor Gamache noted the recycle center in Andover has an area for used oil. Motion by Bukkila, Seconded by Knight, to open the public hearing. Motion carried unanimously. ® There was no public input. Motion by Howard, Seconded by Bukkila, to close the public hearing. Motion carried unanimously. © Regular Andover City Council Meeting Minutes —February 5, 2013 Page 3 HOLD PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS 113- 212013 STREET RECONSTRUCTION Mr. Berkowitz explained the City Council is requested to hold a public hearing for Project 13 -2, Stenquist Addition and 159th Avenue NW for street reconstruction/paving improvements. Mr. Berkowitz reviewed the information with the Council. Councilmember Howard asked where the hammerhead turnarounds will be located at and will this take away land from any residents. Mr. Berkowitz explained where the hammerheads would be located and noted the City will be contacting the residents of possible impacts to their property, if additional easement is necessary that will be negotiated. Councilmember Howard asked if the concrete curb on 160th Lane will be assessed throughout the entire project. Mr. Berkowitz indicated it was, as the development was originally built as one proj ect. Motion by Knight, Seconded by Bukkila, to open the public hearing. Motion carried ® unanimously. Mr. Corey Moyer, 4754 160th Lane NW, asked what determines when they need to do the projects because this was proposed five years ago and was not done because the economy was not great. But the economy is still struggling and he wondered if this can be postponed. Mr. Berkowitz explained how the City decides when a road needs to be reconstructed. Mr. Moyer asked if the City takes into consideration if the residents involved in the project want the concrete curb along 160th Lane because that portion of Andover, in his opinion, is more rural than other areas. He would prefer to have the City ask the residents impacted if they want the road reconstructed or to wait until the economy is better. Councilmember Bukkila stated those are good questions and if they hold out a few years, the cost of materials will likely rise in price and the reconstruction will cost more if they wait another 3 -5 years. Mr. Moyer asked how the City comes up with the bids and if it was a sealed bid process. Mr. Berkowitz reviewed the bid process the City goes through and indicated the bids are sealed. Mr. Moyer asked if the project will go forward regardless of what the neighborhood wants. Mayor Gamache stated the Council listens to issues that come up on these types of projects, especially lately with the economy being bad. They used to have an eight year financing and © they have tried to stretch it out to make payments easier. They try to stay on schedule unless an issue comes up because there are other road projects that have increase in priority. Mr. Moyer stated if he had the money he would fix the siding on his house and replace the hail © Regular Andover City Council Meeting Minutes — February 5, 2013 Page 4 damaged garage doors. He wanted the Council to take into mind that it is a substantial amount of money and people are not rolling in all kinds of raises. If the City is voting tonight, it does not give him time to talk to the neighbors to come in and give their opinions. He also wondered if the City had a surplus budget to make sure they keep improving their roads right now or could the City save a little by postponing this and perhaps having someone like himself volunteer to help negotiate a little better rate on getting this project done. Mr. Dickinson explained the reason for levying for street reconstruction and the importance of spreading the projects and cost over time. Mr. Moyer wondered if the banks that own the foreclosed homes in his neighborhood will need to pay their portion of the assessment. Mr. Dickinson stated the assessment will go with the property and when the property is purchased the assessment will need to be paid. Ms. Janet Rudlong, 16037 Quapaw Street NW, thought the City should put this to a vote of the 66 residents whether they want a new road or not because she did not think the project would go through. She also noted that her property is a corner lot and in the spring, her front yard is a "swimming pool' because the entire run off comes into her front yard and if the project goes © through, she would like this looked at and resolved. Mr. Berkowitz indicated that would be reviewed with the final design. Ms. Rudlong also wondered if a resident were to take out an eight year loan and then decided to sell after four years, would the loan go with the house or would the seller need to pay the loan off before sale of the house. Mr. Dickinson stated generally the title company would require that it be fulfilled at the time of closing and that could be a negotiating point for buyer and seller. Motion by Knight, Seconded by Bukkila, to close the public hearing. Motion carried unanimously. Motion by Bukkila, Seconded by Howard, to approve Resolution No. RO11 -13, Ordering the Improvement of Project No. 13 -2, 2013 Street Reconstruction (Stenquist Addition & 159`h Avenue NW) and Directing Preparation of Final Plans and Specifications. Motion carried unanimously. PUBLIC HEARING: VACATION OF EASEMENT — WALMART Mr. Carlberg stated the applicant is seeking to vacate roadway, drainage, utility, and trail easements established for Jay Street NW with document number 1485662 and to vacate roadway and utility easements established for Bunker Lake Boulevard NW with document number 1141388. Mr. Carlberg reviewed the staff report with the Council. Motion by Knight, Seconded by Howard, to open the public hearing. Motion carried © Regular Andover City Council Meeting Minutes —February 5, 2013 Page 5 unanimously. There were no public comments. Motion by Bukkila, Seconded by Howard, to close the public hearing. Motion carried unanimously. Mayor Gamache noted one area is a sidewalk that runs along Jay Street and he thought in the next item, they will be talking about whatever trails or sidewalks Wal -Mart will be building along that strip. Mr. Carlberg indicated that is correct. Motion by Howard, Seconded by Bukkila, to approve the resolution granting the vacation of easements to vacate city easements originally reserved in document #1141388 legally described on the attached easement vacation Exhibits A and B. Motion carried unanimously. (See Resolution R012 -13) APPROVE FINAL PLAT — WALMART AT ANDOVER STATION © Mr. Carlberg stated the City Council is asked to approve the final plat for Walmart at Andover Station. Mr. Carlberg reviewed the staff report with the Council. Motion by Bukkila, Seconded by Howard, to adopt Resolution No. R013 -13 Approving the Final Plat of Walmart at Andover Station on property legally described on Exhibit A with Conditions. Motion carried unanimously. PUBLIC HEARING /PRIVATE KENNEL LICENSE 115672 KIOWA STREET NW Mr. Dickinson explained a public hearing has been scheduled to consider approval of a private kennel license requested by John and Deborah Dalos at 15672 Kiowa Street NW. Mr. Dickinson reviewed the staff report with the Council. Mr. Dickinson indicated the Dalos' have been very cooperative with city staff. Motion by Knight, Seconded by Howard, to open the public hearing. Motion carried unanimously. Mr. Robert Truchinski, 15700 Kiowa Street NW, indicated he lives next door to the Dalos. He stated Mr. Dalos' dogs are a pain to him because they bark all the time and the owner does not pick up after the dogs so it smells. He indicated the noise and harassment of the dogs is terrible. Mr. John Dalos, 15672 Kiowa Street NW, stated he is the owner of the five dogs and the dogs are indoor pets. He stated they do not tolerate barking dogs and he picks up after the dogs daily, Regular Andover City Council Meeting Minutes —February 5, 2013 Page 6 sometimes more than once a day. He explained that he has lived there 35 years and has always had dogs. He has never had complaints about their dogs, the dogs are friendly, and all get along. Mr. Dalos noted the yard is completely fenced and there has never been an incident of their dogs biting. He stated he was at a loss that the dogs bother the neighbor. Ms. Leslee Curtis, 15730 Kiowa Street NW, stated she is at the meeting to support the Dalos' request along with four other neighbors. She stated she wants to support the Dalos' because she does not hear the dogs barking and has never felt harassed by the dogs. She has never seen the dogs out in the yard without the owners being with them. Mr. Richard Dahlen, 15701 Kiowa Street NW, stated the dogs are not a barking problem. If the dogs bark, the owners are out immediately to stop the barking. He stated the barking is not an issue at all. Ms. Audra Carlson, 15721 Kiowa Street NW, stated she does not have any issues at all with the dogs. Mr. Tom White, 15710 Kiowa Street NW, stated the Dalos have been an asset to the © neighborhood. He stated they have never had any issues with the dogs. Councilmember Bukkila read into record a negative letter from Crystal Truchinski, 15700 Kiowa Street NW. Mr. Johns Dalos stated his dogs range in age from 12 years old to under age one. All the dogs get along and are not vicious by nature, none are bite dogs. He stated the dogs are usually outside for five to ten minutes at a time and he is usually with them. The dogs do not like to be outside. Mayor Gamache thought the house was a distance from the neighbors' yard and felt the dogs stay by their home. Mr. Dalos indicated they did. Mayor Gamache stated it seemed to him that the entire yard is fenced and he did not have a problem with this request. Ms. Curtis asked what happens if the police are called due to barking dogs. Councilmember Bukkila reviewed the process the Sheriff s Department takes in determining if there is an issue. Motion by Howard, Seconded by Bukkila, to close the public hearing. Motion carried unanimously. Motion by Bukkila, Seconded by Knight, to approve issuing a private kennel license for John and Deborah Dalos, 15672 Kiowa Street NW, for the period February 6, 2013 through December © 31, 2013. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — February 5, 2013 Page 7 DISCUSS SAFE ROUTES TO SCHOOLS FOR TRAIL SYSTEM Mr. Berkowitz stated the City Council is requested to discuss the Safe Routes to Schools for Trail System (SRTS) grant application. Mr. Berkowitz reviewed the staff report with the Council. The Council concurred with the report. SCHEDULE MARCH EDA MEETING Mr. Dickinson stated the Council is requested to schedule an EDA meeting at 6:00 p.m. before the March 5, 2013 City Council meeting. Motion by Bukkila, Seconded by Howard, to schedule an EDA meeting for March 5, 2013 at 6:00 p.m. Motion carried unanimously. SCHEDULE APRIL 25' JOINT MEETING WITH LOWER R UM RIVER WMO MEMBER CITIES Mr. Dickinson stated a meeting is scheduled for Thursday, April 25, 2013 at Greenhaven Golf Course in Anoka. The meeting will start at approximately 6:00 p.m. Motion by Knight, Seconded by Howard, to schedule the joint meeting with Lower Rum River WMO Member Cities for April 25, 2013 at 6:00 p.m. at Greenhaven Golf Course in Anoka. Motion carried unanimously. SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATIONMEETING Mr. Dickinson stated the Council is requested to schedule the Local Board of Appeal & Equalization meeting for April 22, 2013 at 7:00 p.m. Motion by Bukkila, Seconded by Howard, to schedule the Local Board of Appeal & Equalization meeting for April 22, 2013 at 7:00 p.m. 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 (Polar Plunge at Crooked Lake) Councilmember Bukkila reminded Andover residents to donate to the Polar Plunge that is taking place on February 9, 2013 at Crooked Lake. © Regular Andover City Council Meeting Minutes — February 5, 2013 Page 8 (Meeting Reminder) Mayor Gamache stated Monday, February 11`h is the Met Council State of the Region Meeting and indicated he was going to be there. (SAC Charges Committee) Mayor Gamache indicated he received a call from Metro Cities regarding SAC charges, a committee they are putting together to discuss SAC charges and they want elected officials on the committee and asked him to be on it. They want some good discussion on where they should go and where they have been, he indicated he would be using Mr. Dickinson as a resource. (Anoka Area Chamber of Commerce Meeting) Mayor Gamache stated the Anoka Area Chamber of Commerce is meeting on February 12`h and staff has prepared a great PowerPoint "State of the City" presentation for him to show. (Andover Youth Hockey Assn. Thanks) Mayor Gamache thanked the Andover Youth Hockey Association for participating on Hockey Day Minnesota. He thought it was a lot of fun and a well organized event. ADJOURNMENT Motion by Knight, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:06 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary ❑# Regular Andover City Council Meeting Minutes —February 5, 2013 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBRUARY 5, 2013 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approval of Claims ....................................................................... ............................... 2 Item 3 Approval of Collective Bargaining Agreement/Public Works ...... ............................... 2 Item 4 Accept Resignation of Planning and Zoning Commissioner Michael Steel ................ 2 Item 5 Amend Official Depository Resolution — First MN Bank (See Resolution RO10 -13). 2 Item 6 Ratify the Appointments to the Advisory Commissions ............... ............................... 2 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION AND PUBLIC MEETING/ 13- 1 ................................... ............................... 2 HOLD PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS /13- 2/2013 STREET RECONSTRUCTION (See Resolution R011 -13) ...................................... ............................... 3 PUBLIC HEARING: VACATION OF EASEMENT — WALMART (See Resolution R012 -13) 4 APPROVE FINAL PLAT — WALMART AT ANDOVER STATION (See Resolution R013 -13) ..................................................................................................................... ............................... 5 PUBLIC HEARING /PRIVATE KENNEL LICENSE /15672 KIOWA STREET NW .................. 5 DISCUSS SAFE ROUTES TO SCHOOLS FOR TRAIL SYSTEM .............. ............................... 7 SCHEDULE MARCH EDA MEETING ......................................................... ............................... 7 SCHEDULE APRIL 25' JOINT MEETING WITH LOWER RUM RIVER WMO MEMBER CITIES......................................................................................................... ............................... 7 SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATION MEETING .......................... 7 ADMINISTRATOR REPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 PolarPlunge at Crooked Lake ..................................................................... ............................... 7 MeetingReminder ....................................................................................... ............................... 8 SACCharges Committee ............................................................................. ............................... 8 Anoka Area Chamber of Commerce Meeting .............................................................. :............. 8 Andover Youth Hockey Assn. Thanks ........................................................ ............................... 8 ADJOURNMENT........................................................................................... ..............................8 HD