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HomeMy WebLinkAboutCC - September 17, 2013ANLb O Y oWE r< © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, September 17, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/27/13 Workshop; 9/3/13 Regular; 9/3/13 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Declare Cost/Order Assessment Roll/12- 28/Nightingale St. NW Reconstruction —Engineering 4. Declare Cost/Order Assessment Roll /11- 47/174`' Ave, Heather St. & 173`d Ln. — Engineering 5. Adopt Assessment Roll/13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair— Engineering 6. Adopt Amended Assessment Roll for 2530 South Coon Creek Drive /11 -10 /South Coon Creek Drive NW Reconstruction - Engineering 7. Accept Donation/Mickman Brothers - Engineering 8. Approve Construction of Dock at Round Lake Boat Landing - Engineering 9. Approve Lighting/12 -34 /Relocation of Recycling Center - Engineering Q 10. Approve Tobacco License/Wal- Mart/1851 Bunker Lake Boulevard — Administration 11. Approve Off -Sale 3.2% Liquor License/Wal- Mart/1851 Bunker Lake Boulevard —Administration 12. Approve Therapeutic Massage Establishment License/The Parlour Salon & Boutique /13783 Ibis Street, Suite 200 —Administration 13. Approve Therapeutic Massage Therapist License/The Parlour Salon & Boutique /13783 This Street, Suite 200 — Administration Discussion Items 14. Anoka County Sheriff s Department Monthly Report — Sheriff 15. Sketch Plan Review — Country Oaks North - Planning Staff Items 16. Schedule October EDA Meeting — Administration 17. Schedule October Workshop -Administration 18. Administrator's Report —Administration Mayor /Council Input Closed Session — Property Negotiations PID#'s 22 -32 -24-42 -0001 & 22- 32 -24 -42 -0014 Krattenmaker Litigation Update Adjournment J ►LJ ANDOVEA REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 17, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 17, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila (arrived at 7:06 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 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Staff submitted supplemental information from the Sheriff's Office. Motion by Trade, Seconded by Howard, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 27, 2013, Workshop Meeting: Correct as written. Motion by Knight, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. September 3, 2013, Regular Meeting: Correct as written. Motion by Trade, Seconded by Howard, to approve the minutes as presented. Motion carried © Regular Andover City Council Meeting Minutes — September 17, 2013 Page 2 unanimously. September 3, 2013, Closed Session Meeting: Correct as written. Motion by Howard, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Declare Cost/Order Assessment Roll /12- 28/Nightingale St. NW Reconstruction (See Resolution R079 -13) Item 4 Declare Cost/Order Assessment Roll /11- 47/174' Ave, Heather St. & 173rd Ln (See Resolution R080 -13) Item 5 Adopt Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair (See Resolution R081 -13) Item 6 Adopt Amended Assessment Roll for 2530 South Coon Creek Drive /11 -10 /South Coon Creek Drive NW Reconstruction (See Resolution R082 -13) © Item 7 Accept Donation/Mickman Brothers (See Resolution R083 -13) Item 8 Approve Construction of Dock at Round Lake Boat Landing Item 9 Approve Lighting/12 -34 /Relocation of Recycling Center Item 10 Approve Tobacco License/Wal -Mart /1851 Bunker Lake Boulevard Item 11 Approve Off -Sale 3.2% Liquor License/Wal- Mart/1851 Bunker Lake Boulevard Item 12 Approve Therapeutic Massage Establishment License /The Parlour Salon & Boutique /13783 This Street, Suite 200 Item 13 Approve Therapeutic Massage Therapist License /The Parlour Salon & Boutique /13783 Ibis Street, Suite 200 Motion by Knight, Seconded by Howard, approval of the Consent Agenda as read. Motion carried unanimously. Councilmember Bukkila arrived at 7:06 p.m. ANOKA COUNTYSHERIFF 'SDEPARTMENTMONTHLYREPORT Commander Halweg presented the July 2013 Anoka County Sheriff's Department monthly report to the Council. SKETCH PLAN REVIEW — COUNTRY OAKS NORTH Mr. Carlberg explained the City Council is asked to review a residential sketch plan for a single family urban residential development known as Country Oaks North requested by Mr. Scott Wold. ® Regular Andover City Council Meeting Minutes — September 17, 2013 Page 3 Mr. Carlberg reviewed the information with the Council. Councilmember Trade stated an ordinance was approved a couple of years ago and has not been applied in this situation. She thought this was something they wanted to keep in mind because it has to deal with new developments that buffer urban development from rural property. The ordinance came about as Miller's Woods was developing. She stated the Council has a lot of discretion on what is considered a buffer. She thought there needed to be a bigger global viewpoint regarding this because there are multiple land owners and some do not want growth in this area. Mr. Carlberg reviewed how the additional 150 units of sewer and water became available. Councilmember Trade thought it would be helpful, in the future, to have written input from the two properties to the west if they do not want to see development because the Council is going to have to figure out the road and access. She noted the City cannot be putting a dotted line through the Selmer property unless that road easement can be purchased before the open space is purchased. She stated she was trying to put the pieces together, this is a very large project that cannot be isolated on forty acres, and they have some bigger issues to sort out. Mr. Carlberg agreed and thought the developer will need to rework the plans for buffering and transportation. © Mayor Gamache stated the ordinance in place references buffering between rural and urban neighborhoods but it does not talk about buffering between the development and open space. Mayor Gamache stated because there is not yet a neighborhood in the open area, can the City request certain types of buffers based on future development. City Attorney Baumgartner stated it is hard to plan for the future because they do not know what is going to go in there. He thought the ordinance would need to be applied to what is there now and then whatever may come in after that would need to provide the buffering also. There was discussion regarding the pipeline easement and how the development is being shown as developing around the pipeline easement. Councilmember Trade noted the City will need to discuss the issue of the pipeline easement and the railroad with the Met Council as well because of the density requirements they have requested. Councilmember Trade thought the buffering ordinance was overlooked with this proposed development. Mr. Carlberg noted the ordinance will not need to be reviewed until the development moves forward beyond the sketch plan when buffering is reviewed by City staff the ordinance references buffering for preliminary plats. He thought it was a good idea to bring this up now so the developer gets an idea of what the future plans will need to look like. Mr. Scott Wold stated they did a pretty good job buffering Country Oaks West. He stated they have buffered the lots along the railroad tracks in this plan, have a pretty good buffer with the wooded area on the west, and there will be screening to the homes to the north. Also to the west, Mr. Kuiken has Regular Andover City Council Meeting Minutes — September 17, 2013 Page 4 a dirt bike track that will also be buffered from this development. He noted the house pads will be by the proposed road and the rest of the lot area will be deeply wooded. Mayor Gamache asked if the Kuiken property is wooded. Mr. Wold indicated there are not a lot of woods on that property but the dirt bike track is open. Mr. Wold indicated he will keep as many trees as buffers on the west as possible. Councilmember Trude stated deeper lots will need to be done along the Kuiken property because she is not sure if it is appropriate to have a development come in and take away another property owner's rights. She noted the hunting would go away but she did not think a recreation should be taken away. She thought the City needed to be fair with all property owners. Mr. Wold stated the reason for curved roads in the development is so they do not become straight "raceways." He stated the road will need to go to the north because of the pipeline and wetlands so he would like to keep the curves in the road. Councilmember Howard thought the emergency access that crosses the railroad tracks should be on this forty acre parcel because they do not know when the property to the north will be developed. © Mr. Carlberg indicated the Ganter property to the north has requested to be included in the Comprehensive Plan Amendment to expand the urban service area in that area as well. Councilmember Trude stressed there needed to be some buffering on this property to meet the ordinance. She stated if the Selmer property becomes open space the Kuiken property will not be able to be developed for anything. Mr. Carlberg stated it would not be able to develop as urban but could be developed as rural. Councilmember Bukkila noted if they approved the proposed plan and the Selmer land was open space, it would landlock the Kuiken property as it would not have access to any roads. Mr. Berkowitz stated if the Selmer property were to develop, the City would require them to provide access to development areas around them. He stated if the property were to become open space, the City would request a roadway easement so the Kuiken property could develop. Councilmember Bukkila indicated she would want to see some type of buffering on this property to drown out the noise from the bike track. Mr. Wold asked for direction on the type of buffering the Council wanted. There was discussion between the Council and the developer regarding possible buffering on the property. © Councilmember Trude wondered if the City could request a gated access going across the railroad tracks from Burlington Northern for a possible second access into the development. Mr. Berkowitz stated if the Council wanted to pursue this as a second access, staff can contact Burlington Northern and see what their response would be. © Regular Andover City Council Meeting Minutes — September 17, 2013 Page 5 Councilmember Trude thought if Mr. Wold would like to redraw the plans with more cul -de -sacs, she would not mind that because people do like living on cul -de -sacs. Councilmember Howard stated he would like to see the road run a little more straight so on the next project, the lots can be a little deeper along the railroad tracks. Mr. Mike Babineau, 16480 Wintergreen Street, expressed his concerns about rezoning from R -4 to R -1 at the Planning Commission. He wondered how a road would go forward to the Kuiken property if the Selmer property will be open space. Mayor Gamache noted they would need to work on plans to make part of the Selmer property a road easement. Mr. Pete Steiger, 16473 Wintergreen Street, stated when he bought the property he bought it with the understanding it was zoned R -1 and he would like to keep the same zoning. He indicated he does not want the wildlife to go away. Ms. Elizabeth Foerg, 16527 Sycamore Street NW, stated this does not meet the R -1 zoning for the area. She stated if this is changed to 12 to 16 lots at 2.5 acres per lot, she would be fine with it. She stated if the City is planning to change this from R -1 to R -4 zoning, are they planning to notify all the © residents in the R -1 area because they are all impacted if the zoning is changed. She thought this should be a City -wide notification. If the zoning is changed in this area, the City is opening it up to change the zoning in all of the City's R -1 areas. She wondered why the City needed to max out the sewer and water capacities and thought the City should keep these resources open for future use. Ms. Foerg noted the railroad is not a buffer and they have dealt with noise in the past from other developments being created. She noted tree buffers will not survive development, especially with only a 25 -foot buffer. Mr. Richard Kuiken, 16541 Hanson Boulevard, stated he has the 40 acres to the west. He stated the dirt bike track has been on the property for 20 years and he keeps the riding to a minimum, two days a week. He did not think a buffer along the property line will work. He stated he is willing to work with the neighbors and City on a schedule for riding his bikes. He noted he does not want to be required to stop his recreational enjoyment. Councilmember Trude thought Mr. Kuiken should work with the developer on the buffering. Mr. Kuiken noted the tree buffer will be nice but will not cut down on the noise. Councilmember Bukkila asked if Mr. Kuiken would be willing to berm his land. Mr. Kuiken stated he would not be against it but if they did a berm along the property lines, he would not want to have his track shutdown. He stated the issue is not just the five or six lots; it will be everyone that moves © into the proposed new development that would hear the noise and likely make issue of it. He noted there is not any noise on the track after dark and he is willing to make accommodations for time. Mayor Gamache reviewed what the Council needed to do regarding this item. Mr. Carlberg stated ® Regular Andover City Council Meeting Minutes — September 17, 2013 Page 6 the Comprehensive Plan Amendment will be sent to the Met Council for review and approval and then if approved, the developer will move forward with potential changes to the development for Council review and approval. Councilmember Trude stated the Met Council has been pushing the City to increase development and with review, the City found they had more flow capacity because of more efficient use of water. That is the reason more sewer and water capacity was found. Mr. Berkowitz reviewed the process the City went through in finding the additional capacity in the City. Councilmember Bukkila asked if the extra 150 units could be used elsewhere in the City. Mr. Berkowitz indicated it could not; it is only for this sewer line. Mayor Gamache asked if a fence could be installed along the development and the Kuiken property to hide the area and address trespassing concerns. Mr. Carlberg did not think a fence would control the noise; he thought the preservation of trees would be the best thing for buffering. Councilmember Knight thought evergreens would provide more noise barrier than other trees. QMr. Wold stated he did not know if a wood fence would work because of how far it would need to go. He thought a tree buffer would be best because it would keep people away from the railroad track as well buffer noise from the dirt bike track. He noted development is being done next to gun clubs in other cities and people get used to the noise. Councilmember Howard asked if they could ask Met Council to drop the density requirement on this property since they are gaining units on this property in order to help the Grey Oaks development that is struggling. Mr. Carlberg indicated their goal is 3 units per acre and the Met Council did not care where development is at, as long as development is at 3 units per acre overall. SCHEDULE OCTOBER EDA MEETING Mr. Dickinson requested the Council schedule an EDA meeting in October. Motion by Howard, Seconded by Bukkila, to schedule an EDA Meeting on October 1, 2013, at 6:00 p.m. Motion carried unanimously. SCHEDULE OCTOBER WORKSHOP MEETING Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed © in the staff report. Motion by Howard, Seconded by Trude, to schedule a Workshop Meeting on October 22 2013, at 6:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes — September 17, 2013 Page 7 ADMINISTRATOR'S 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. Mr. Dickinson noted Christian Brothers and the Arbor Oaks facilities are now open. Councilmember Trude stated she was at the Arbor Oaks ribbon cutting and met and talked with many people who thought the facility was very nice. She described the different units and noted that many are already filled. Mr. Berkowitz indicated work will be done on the Community Center parking lot, starting Thursday, September 19`h the west side of the lot will be closed and the following week, Tuesday, September 24th through September 26t`, the east side of the parking lot will be closed. Mr. Berkowitz noted the dog park is open by the Anoka County Compost area, which is on Anoka County Park land. MAYOR/COUNCIL INPUT (Anoka Carp Barrier) Councilmember Knight stated the City of Anoka has made a request to the State Legislature for $5 million dollars bonding to put in a carp barrier for the dam. He stated the intent is to keep Asian Carp from moving up stream. He would like to see the City officially support the City of Anoka in this request to create a barrier to keep the Asian Carp from going north over the dam. Mr. Dickinson stated this has been talked about in the past and he thought the City had a resolution in place supporting it. He felt resolutions add credence to the project. (Wal -Mart Update) Mayor Gamache updated the City on the activities going on with Wal -Mart and indicated the establishment will not have a liquor store; they will only have a grocery component and a 3.2% Liquor License. (YMCA Golf Tournament) Mayor Gamache stated the YMCA had its golf tournament today and that the tournament was full. He thought the work of the YMCA was great. (Pickle Ball at the Community Center) Mayor Gamache thanked Councilmember Bruce Sanders from Coon Rapids for inviting him to investigate Pickle Ball. He noted the Community Center is starting to do this game in the field house. ® RECESS /RECONVENE Mayor Gamache recessed the regular City Council meeting at 8:55 p.m. to a closed session of the City Council to discuss Property Negotiations PID #22- 32 -24 -42 -0001 & 22- 32 -24 -42 -0014, Regular Andover City Council Meeting Minutes — September 17, 2013 Page 8 Krattenmaker Litigation Update. The City Council reconvened at 9:20 p.m. ADJOURNMENT Motion by Howard, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:20 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary H H Regular Andover City Council Meeting Minutes — September 17, 2013 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 17, 2013 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 ApprovePayment of Claims ........................................................................ ............................... 2 Declare Cost/Order Assessment Roll /12- 28/Nightingale St. NW Reconstruction (See ResolutionR079- 13) ............................................................................ ............................... 2 Declare Cost/Order Assessment Roll /11- 47/174'' Ave, Heather St. & 173`d Ln (See Resolution R080 -13) .............................................................................................. ............................... 2 Adopt Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair (See ResolutionR081- 13) ............................................................................ ............................... 2 Adopt Amended Assessment Roll for 2530 South Coon Creek Drive /11 -10 /South Coon Creek QDrive NW Reconstruction (See Resolution R082- 13) ......................... ............................... 2 Accept Donation/Mickman Brothers (See Resolution R083 -13) ................ ............................... 2 Approve Construction of Dock at Round Lake Boat Landing ..................... ............................... 2 Approve Lighting/12- 34/Relocation of Recycling Center ........................... ............................... 2 Approve Tobacco License/Wal- Mart/1851 Bunker Lake Boulevard .......... ............................... 2 Approve Off -Sale 3.2% Liquor License/Wal- Mart/1851 Bunker Lake Boulevard .................... 2 Approve Therapeutic Massage Establishment License /The Parlour Salon & Boutique /13783 IbisStreet, Suite 200 ............................................................................ ............................... 2 Approve Therapeutic Massage Therapist License /The Parlour Salon & Boutique /13783 This Street, Suite 200 ................................................................................... ............................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2 SKETCH PLAN REVIEW — COUNTRY OAKS NORTH ............................ ............................... 2 SCHEDULE OCTOBER EDA MEETING ..................................................... ............................... 6 SCHEDULEOCTOBER WORKSHOP .......................................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 AnokaCarp Barrier ...................................................................................... ............................... 7 Wal -Mart Update ......................................................................................... ............................... 7 YMCAGolf Tournament ............................................................................. ............................... 7 Pickle Ball at the Community Center .......................................................... ............................... 7 RECESSTO CLOSED SESSION ................................................................... ............................... 8 RECONVENE................................................................................................. ............................... 8 ADJOURNMENT............................................................................................ ............................... 8