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HomeMy WebLinkAboutCC - April 15, 2014C I T Y o f ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, April 15, 2014 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation - Resident Forum Agenda Approval 1. Approval of Minutes (3/25/14 Workshop; 4/1/14 Regular) Consent Items 2. Approve Payment of Claims — Administration /Finance 3. Approve Plans & Specs Order Ad for Bids /14 -10, Station Parkway NW Reconstruction/14 -11, Prairie Road NW Overlay & 14 -14, Prairie Knoll Park Parking Lot Improvements — Engineering 4. Approve Declaration of Encroachment Easement, Conditions & Covenants /15976 Drake St. NW — Engineering 5. Approve Easements /Anoka Hennepin School District 12- 37A/Andover Blvd. NW & Crosstown Blvd. NW Turn Lake Improvements — Engineering 6. Award Bid/l4 -2 & 14- 2A/2014 Street Reconstruction & 159°i Avenue NW Culvert Replacement - Engineering 7. Approve 2014 Abatement Contract — Planning 8. Financial Policy Addition/Post- Issuance Debt Compliance Policy - Finance Discussion Items 9. Anoka County Sheriff's Office Monthly Report — Sheriff 10. Update From Crooked Lake Area Association - Engineering 11. Discuss No Parking Request/Wren Street NW - Engineering 12. Consider Conditional Use Permit — Mining - Andover Blvd. and Butternut Street - Mark Smith — Planning 13. Approve Amendments to the City Code, Title 12 - Planning Staff Items 14. Appoint EDA Commission Members — Administration 15. Schedule May EDA Meeting — Administration 16. Schedule Special City Council Meeting/Community Survey Presentation - Administration 17. Schedule May Workshop - Administration 18. Administrator's Report —Administration Mayor /Council Input Adjournment x u REGULAR ANDOVER CITY COUNCIL MEETING —APRIL 15, 2014 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 15, 2014, 7:00 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 Director of Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Amended information to the Sheriff's Department Monthly report. Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 25, 2014, Workshop Meeting: Correct as written. Motion by Howard, Seconded by Bukkila, to approve the minutes as presented. Motion carried 4 ayes, 1 present ( Trude). April 1, 2014, Regular Meeting: Correct as amended. Councilmember Trude requested a correction on page three, first paragraph, Yellowpine is one word on the street signs but she drove by the sign before the meeting and it is showing as two words so she q Regular Andover City Council Meeting Minutes —April 15, 2014 Page 2 would leave it up to staff to decide what is correct. Carol Schmeichel's name should be corrected on pages 4 and 6. Councilmember Trude requested the addition of the following paragraph on page three. After the sentence on line 11, add: "She noted there are no turn lanes for Yellowpine Street as there are for Xeon Street which makes Xeon Street a safer way for traffic to enter the development." Councilmember Trude stated after line 34 add: "Councilmember Trude also showed photos she had taken that afternoon of the property immediately south of Sophie's Park and to the south and east of the park. Councilmember Trude explained that the photos of poplars on the hill were south of the basketball court and had been delineated as wetland and also had marsh grasses. She explained the area along the park's southeast boundary, for about thirty feet, and going to the east in the proposed development, behind the existing homes, was an area with many red oaks and other mature trees and was the area the neighborhood was proposing be added to the existing park for passive use and nature trails." Councilmember Trude noted before line 26 on page three, add the following discussion information: © "Councilmember Knight stated that the plan showing the connection at Wintergreen Street looks klutzy. Mayor Gamache explained the change of angle of the street occurred during the platting of Sophie's. Councilmember Bukkila stated that is why she wanted to see how the plan would look with the streets connected. Councilmember Trude stated there are a lot of things making it difficult to carve the land up here. Mayor Gamache inquired if the developer needed direction on the issue of the street connection and whether he was planning to begin the project this year. The developer affirmed his plans were to be in the ground this year. Mayor Gamache polled the council members." Proceed with line 26. Councilmember Trude indicated on page 5, after sentence 10 add the following: "Mr. Dickinson clarified that the developer needed clear direction on this issue. Council discussion continued. Mayor Gamache stated the consensus was that the developer did not need to connect Wintergreen Street to the Winslow Woods plat." Councilmember Trude also noted at the end of the sentence on page 5, line 16, after the words "would leave some of the woods," add: "in the plat called Winslow Woods." She noted that he was a farmer who left trees on his farm land, he served the City for a long time as an early council member, a resident who attended many meetings and knew many people and who was also a member of the Open Space Commission. Others added comments about Winslow Holasek attending meetings and providing information to councilmembers. Councilmember Trude noted that even after taking this small piece of land for park, she noted the Park Commission would also receive about $236,000 in park dedication fees. With play equipment already installed at Sophie's and residents volunteering to help with nature trails, this small amount of park land is not costing very much. Mr. Dickinson stated that the calculation for park dedication fees is based only on preliminary information and could change at final plat. Councilmember Trude said this area of woods would create a nice walking path off the street and that a similar path is very popular in her neighborhood. Regular Andover City Council Meeting Minutes —April 15, 2014 Page 3 Councilmember Trade also requested to delete the extra word "of' before money for wetland on page 5, line 41. Motion by Trade, Seconded by Howard, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Plans & Specs, Order Ad for Bids /14 -10, Station Parkway NW Reconstruction/14 -11, Prairie Road NW Overlay & 14 -14, Prairie Knoll Park Parking Lot Improvements (See Resolution R024 -14) Item 4 Approve Declaration of Encroachment Easement, Conditions & Covenants /15976 Drake Street NW Item 5 Approve Easements /Anoka Hennepin School District 12- 37A/Andover Boulevard NW & Crosstown Boulevard NW Turn Lane Improvements Item 6 Award Bid /14 -2 & 14- 2A/2014 Street Reconstruction & 159th Avenue NW Culvert Replacement (See Resolution R025 -14) © Item 7 Approve 2014 Abatement Contract Item 8 Financial Policy Addition/Post- Issuance Debt Compliance Policy (See Resolution R026 -14) Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHLY REPORT Commander Kevin Halweg from the Anoka County Sheriff s Department updated the City Council on the March law enforcement activities with the City. UPDATE FROM CROOKED LAKE AREA ASSOCIATION Mr. Berkowitz explained the Crooked Lake Area Association will give a brief update on activities going on with the Association. Mr. Dan Anderson, Crooked Lake Area Association, was at the meeting to give a presentation to the Council. Mr. Anderson stated he is at the meeting to inform the Council of the Association's involvement in © the community. They are foremost concerned with the health and welfare of Crooked Lake. He thanked the City for their financial support on helping treat Eurasian Milfoil. He noted this has been a problem in the lake for a long time and initially they were allowed to treat fifteen percent of the lake by DNR standards. Last year was a bonus for them because the DNR let the Association treat © Regular Andover City Council Meeting Minutes —April 15, 2014 Page 4 forty percent of the lake. He stated the good news is this was very successful and they found very little milfoil and it did not take out the other species. He stated this year they are asking the DNR to be able to treat forty percent of the lake focusing on the south side of the lake. He noted there is no guarantee they will get it, but they are applying for this. Mr. Anderson stated the Coon Creek Watershed District and DNR are eager to work with them. He stated the association cares about the lake and wants to take care of it. He noted it is not possible to eliminate milfoil in the lake, but it is possible to control it. He once again thanked the Council and homeowners for their support. Councilmember Bukkila thanked the Association for everything they have done. Mr. Anderson noted there are some on the board that spend a lot of time and work with the DNR. Mayor Gamache stated on the map in the Association Newsletter, the dark blue area is what was done in 2013 and this year he wondered what was going to be done. Mr. Anderson stated the Association requested Eurasian Milfoil cleanup from the DNR, but it has not been approved yet by the DNR. The Council thanked Mr. Anderson for the presentation. DISCUSS NO PARKING REQUEST/WREN STREET NW Mr. Berkowitz stated the City Council is requested to discuss the no parking petition for Wren Street NW. Mr. Berkowitz reviewed the staff report with the Council. Mayor Gamache asked if the no parking signs on 168'h Lane are set for a specific time or is there just no parking. Mr. Berkowitz thought it was restricted only during school hours. Mayor Gamache stated this was done by Andover Elementary School also. Mr. Berkowitz indicated that is correct. Mayor Gamache indicated the school district has expressed their preference is to have a drop off zone in the morning, alongside the main parking lot and the dismissal policy for pick up is to be picked up inside the main entrance door. Mr. Berkowitz stated that is correct. Councilmember Trude stated she asked about the school transportation policy and when this school was built, the City was told every child would be bussed. Then a couple years later, the School District had to do mass budget cuts and for the first time, kids were walking so the City © put in some of the trails. Mr. Berkowitz stated when the petition came in he contacted the school's transportation coordinator for the school and was informed that the kids are one hundred percent bussed, they all have the opportunity to take the bus. Regular Andover City C C i i T Y O F ® Minutes —April 15, 2014 ® " age Councilmember Trude stated that there should not be many walkers but the issue was with the timeliness, if a child has a lesson or doctor appointment after school and some parents might have children in a car seat and the school policy is a child can be dropped off at the curb but cannot be picked up at the curb. She stated it is a concern with parents who have small children and having to take them out of the car to go into the building to get the child in school. She believed this is one of the reasons why parents are picking up the children at the end of the trail. The school is not working with the parents in that regard because of their own safety concerns so the parents have found a way to get around it. She noted it helps to know that no child has to use the trail to get to their home on any of the streets adjacent to the school. The only people using the trail would be the ones going to get a ride home. Mr. Berkowitz noted there are some children that live in the neighborhood to the south that walk home. It is his understanding that everyone has the opportunity to take a bus home. Councilmember Howard stated he was out there today and he wondered if there is a way to lower the speed limit in that area during the school hours, maybe down to 30 mph. He wondered if they could make this area safer by trying to get the speed limit lowered because the trail has a blind entrance to it. Mr. Berkowitz stated the current speed limit was set by a speed study that was conducted several years ago and that is why it is posted at 40 mph. He noted this is a State Aid Street and all State Aid routes are required to have a speed study to set the speed limit. He stated if the Council is interested in lowering the speed limit, the Council could request another speed study to be done and then they would have to post the speed once determined. Mayor Gamache wondered if they would need a speed study for a school zone. Mr. Berkowitz thought they would, which would still be through Mn/DOT. Councilmember Trude stated there are photos of the cars parked in two places. Initially the cars were parked along the side of the street where the kids come out and she did not know what the safety concern is there. Then in another photo, cars are along the road but she did not see any driveways or houses there. She wanted to know if they have been blocking a driveway or if it is the beginning of the cul -de -sac. Mr. Berkowitz noted there were other photos submitted and staff elected not to show them because there were children shown in them. Mayor Gamache indicated there was a petition signed by five different homes on Wren Street. Mr. Berkowitz noted all of the homeowners signed except the operator of the Whispering Pines group home but an email was sent indicating their support. Councilmember Trude asked if Whispering Pines had previous complaints regarding where their employees park and that the residents wanted to ban that. Mr. Berkowitz stated there was a request at one time to post no parking signs in the cul -de -sac due to their activity but the facility © has worked with the neighborhood and resolved the issue. Councilmember Howard noted this is not just a cul -de -sac, it is a longer street with a cul -de -sac. These are 2.5 acre lots and it is not a normal City street. © Regular Andover City Council Meeting Minutes —April 15, 2014 Page 6 Mayor Gamache thought he saw in the staff report about people parking on both sides of the road with the possibility of impacting safety vehicles. He wondered how wide the road is. Mr. Berkowitz stated if they have vehicles parked side -by -side they need to have a twenty -foot minimum to get an emergency vehicle through and any City street would present that concern if there were cars parked side -by -side. Councilmember Trade thought because the people are in their vehicles, if any emergency vehicle had to get through the cars could move back into the flow of traffic quickly to allow the emergency vehicles through. Ms. Martina Strobel, 16771 Wren Street NW, stated they have filed a petition on behalf of all the property owners on Wren Street to have no parking signs put up. There are a number of parents that are using Wren Street as a pick up location after Rum River Elementary dismissal each day. This has created a significant safety concern for the children who live in their neighborhood and walk home from school. Parents are bypassing the school's dismissal procedure and are picking them up at the end of the walking trail on 168th Lane6 Children come off the walking path and are either picked up on 168`h Lane in a no parking area already or crossing 168`h Lane to Wren Street. Vehicles are using Wren Street as their turn, around and parking area. Property owner driveways are being blocked and there is parking happening on both sides of the street. They are concerned about property owners not being able to get through to their homes and emergency © vehicles, if needed, due to the congestion that is on the road. Parents are actually getting out of their vehicles and meeting their kids at the walking path. Ms. Strobel stated the walking path that leads to 168h Lane and Wren Street has never been designated as a pick up location. The school has realized this is a safety concern as well and sent out a student safety alert on April 2, 2014. They feel that if parents have an issue about the schools dismissal procedures, that they should be discussing that with the school. One hundred percent of the property owners on Wren Street are in agreement that having no parking signs would be the best solution. Whispering Pines also shares their concern and supports it. She asked if no parking signs are not put up, what is to stop more vehicles from doing this and causing more congestion on their street. Ms. Strobel stated their number one concern is the safety of the children and they do not want to see any child get seriously hurt, injured, or worse. Councilmember Trade wondered if Ms. Strobel has any children walking and if so, why are they not taking the bus. Mrs. Strobel indicated she did, but they cannot walk right now because of the safety issue concern. Councilmember Trade wondered if this same issue applied to all the children on Wren Street where they are crossing 168`h Lane. Ms. Strobel stated when all this came about, there were 14 vehicles parked on 168th Lane. This issue of the parking and picking up off the trail has been consistent and gotten worse over the years. She stated her husband went to pick up their daughter at the trail by walking and there were fourteen vehicles parked on 168`h Lane. She indicated there are no parking signs on 168`h Lane and yet vehicles are parked there. Ms. Strobel noted her husband sent an email to the Principal at Rum River Elementary as well as the superintendents regarding their safety concern. She believed they have a significant safety issue. Because the Sheriff s Office is enforcing the no parking on 168`h Lane now, all of the vehicles have moved onto Wren Street. She indicated there are three girls besides her own that © Regular Andover City Council Meeting Minutes —April 15, 2014 Page 7 use the walking trail and who live on Wren Street. They do not know where to go, they look for traffic, cross and used to be able to walk along the side of their property. Now there are cars lined up along the curb so the girls have to walk in the middle of street to get home and she did not feel this was safe. Mayor Gamache asked if the City plows the trail. Mr. Berkowitz believed they did. Mayor Gamache stated Verdin Street on the south side entrance into the school has a parking lot along the south side of the school and he wondered if that is marked as no left turn. Mr. Berkowitz indicated the entrance has full access. Councilmember Trade thought there was a main entrance with a one -way sign along the entire lot. Mayor Gamache thought the second entrance along the south side of the building would be a perfect entrance to pick up children. Ms. Strobel believed that was for buses. She stated with the school drop off in the morning, vehicles follow the one- way signs to drop the kids off at the door without getting out of their cars. In the afternoon, the school has a different dismissal procedure where the parents have to get out of their car and go into the school. She did not feel they should be putting this into a residential area and placing more kids at risk. She is not only concerned about her child but also the others on her street. Now there are all the additional kids and she worries every day that a kid is going to get hurt. © Councilmember Trade wondered if there was daycare pickup on site. Ms. Strobel is not sure. Councilmember Bukkila stated the issue keeps coming back to the City and the residents are trying to resolve issues that the School District needs to resolve. She stated this puts a hardship on the residents when the dismissal should be fixed by the School District. Ms. Strobel thought dismissal procedures should be relooked at, but she did not think that this should be going into a residential area, making it unsafe for the kids. Councilmember Trade stated it is hard to know where they begin and end with the short-term problems. With elementary kids, this should be adjusted at the School District level. Councilmember Bukkila stated she struggles making an adjustment now with only two months left of the school year. She noted this was not an issue for the last six months and she thought the school needed to handle this issue. Ms. Cindy Iwen, 16820 Wren Street NW, stated Wren Street is a dead end cul -de -sac with six lots. She stated the walking path is directly across 168`" Lane from her property. At 4:00 p.m. on school days there are approximately six to fourteen vehicles parked or driving up and down Wren Street waiting for school dismissal. Some parents leave their cars and escort their child from the walking path back to Wren Street and some remain in their vehicle letting their children navigate 168th Lane and Wren Street on their own. Some wait until the students reach Wren Street then drive up to the intersection, stop in the middle of the street, and wait for their children to get into their cars, which blocks the entire street. Others walk down Wren Street to 168th Lane and yell from the corner towards the path for their children to hurry up which encourages the children to run down 168th Lane. Regular Andover City Council Meeting Minutes —April 15, 2014 Page 8 Ms. Iwen stated every school day, parent vehicles turn into and back out of resident driveways, some park over the curb on private property, some park blocking mailboxes and driveways, and some vehicles stop in the middle of the road to pick up their students. Only one vehicle can drive down the street with cars parked on both sides and none can pass when car doors are open. With the snow this winter, the street became a total nightmare to navigate on foot or in a vehicle at 4:00 p.m. Anyone trying to walk down Wren Street at this time is in serious danger of being hit or run over. Ms. Iwen stated the three children who are designated walkers living on Wren Street or using Wren Street to walk home are no longer able to walk along the side of the road and being forced to walk in the middle of the street. This is totally unacceptable, dangerous, and unnecessary. The children being picked up in the afternoon either ride the bus in the morning or are being dropped off at school as this problem only occurs in the afternoon. There is no regard for the safety of their children in the neighborhood who actually do walk to and from school each day. This is not a school loading zone, it is a walking path for students who live in the predetermined walking distance from Rum River Elementary. School loading, pickup, and drop off sites are on school property and not on public streets surrounding the school for good reason. One parent told her they would continue to park on Wren Street and pick up their child until signs are © posted. Ms. Iwen did not think this area was dangerous until ten to sixteen cars are added and ten to twenty children and adults are moving about that should not be there. She stated this continues to get worse and she has told people they need to get off her property. She thought this would get even crazier if more cars come down their street to pick up the children. Councilmember Knight asked Commander Halweg if any laws are being broken. Commander Halweg indicated there are not any violations on Wren Street at this time. The parking is legal. Councilmember Knight asked if the School has been involved in this. Mr. Berkowitz stated he contacted the school's Transportation Department regarding this issue and received the pickup procedure. He noted their policy is in place, they are comfortable with their policy, and that is where they stand. Ms. Brynne Hedtke, 16658 Zion Street NW, stated she is against the Wren Street no parking petition. She explained the biggest issue they have had is for the last seven years, 168`h Lane is not safe for children to cross or to walk on to get home. They, as parents, have to go get their kids to bring them home in order to keep them safe. This past winter with no sidewalks and no crossing guards, 168`h Lane is very dangerous and the kids have to walk down the middle of the street to get to Zion Street. She stated from 3:50 — 4:00 in the afternoon during school, parents © will wait on one side of Wren Street, not blocking driveways, not pulling into driveways or not driving up on property to turn around. She stated once they see their children come out of the walking path, they will pull up and pick up their kids and leave. It all happens within a matter of about seven minutes and there has never been an issue in the last seven years of how they pick up ® Regular Andover City Council Meeting Minutes —April 15, 2014 Page 9 their children who are walkers and who have been escorted out of the school as walkers and helped across the parking area to get to the walking path that was designated for walkers. Ms. Hedtke stated ever since the petition was started the Sheriff's Office has sent out officers to see what they were doing and the officers had stated that they were not breaking any laws because they were not parking on 168x' Lane. She stated this is not a no loading zone, it is a no parking zone, they pull up, pick up their children and leave. To abide by what the Wren Street residents wanted they decided they were not going to pull up on 168th Lane any more, they would move over to Wren Street, park, get out of their vehicles and escort their children to the vehicles as crossing guards. She stated she works on an ambulance and there is no reason they could not have emergency vehicles go down the block. Ms. Hedtke stated there are a couple of other things that she wanted to address. The dismissal procedure at the school is that they have to go inside the building to pick up their children. She has a one year old girl and four year old boy and she cannot bring her kids in to the school every day of the week to pick up her walker. She stated she should not be expected to have her whole family go through the pickup procedure for her walker, because they live at the end of the walking path. She stated she is not going against the school policy for dismissal. There is no policy in place for walkers. She noted 168`" Lane is a 40 mph road so they are doing what is best for their children. She stated the petition indicates their foremost concern is about the safety of the children on Wren Street. Her children are not part of that neighborhood but the petitioners concern is only for their own children. She noted the reason she picks up her child and does not have them ride the bus is because she works twenty -four hour shifts and by the time her child gets out of school, she has about ten minutes to get them where they need to go before she has to go to work. If they ride the bus, they would not get home in time. Ms. Hedtke noted she wrote her own petition and had several of the moms and dads who pick up their children sign it. She indicated they are very upset with this situation also and she feels they have been harassed by the residents that live on that block by then taking photos of their kids and confrontations by them. Ms. Hedtke noted Whispering Pines group home parks daily on the road and at times in their lawn where the parents pick up their kids, she did not think it would be fair to install no parking signs from 3:30 to 4:30 p.m. She stated they make sure they are respectful of the neighborhood and do not turn around in driveways, block driveways, or park on lawns. Councilmember Trude stated this is exactly what they have heard previously with Andover Elementary and it becomes neighbors against neighbors because it was people who lived within two blocks of the school with the concerns. © Ms. Hedtke stated they are only there approximately seven minutes out of the day which to her did not seem like a big deal in order to allow them to get their children home safely. If the neighborhoods biggest concern is the safety of the children, then there should not be an issue. ® Regular Andover City Council Meeting Minutes —April 15, 2014 Page 10 Councilmember Bukkila stated the issue she had is that it is all about Ms. Hedtke, so centered on her, but the City is trying to look at this from a policy perspective whether it is the school or the City and that if everybody did what she did, how it would affect everybody. She stated because of the volume of kids that go to the school they try to put a systematic procedure in place. She does not engage in school matters in terms of what they do to get walkers to and from school safely. She stated Ms. Hedtke lives within a couple blocks of the school where one hundred percent of the Rum River Elementary students are intended to be bused, but for her the bus stop location is problematic so she is making alternative choices to expedite her time. She stated either the bus stop location is unsafe or too cold for her child. She has a couple of different issues going on and is not sure what the real issue is. One issue is that at no point is Ms. Hedtke taking her singular issue to the school to have a discussion with them to see if special accommodations can be made. Councilmember Bukkila thought something has happened to trigger the disagreement between the residents and those that pick up their children. She does not know what the solution is, but she did not think no parking signs is the solution to the problem and felt the school should be involved. ® Ms. Hedtke stated she did not have time to prepare a speech for this meeting and was not even going to come to the meeting until she read the petition and saw some lies in the petition. She indicated she is not going to get the City or the school involved and thought they could talk to the property owners on Wren Street but they would not talk to them. Ms. Hedtke stated they did try to figure out a solution on their own. She stated their proposed solution is to have no parking on one side of the street, the side of the street they do not even use and the side of the road with most of the homes. She noted when they come into Wren Street, they go all the way down, turn in the cul -de -sac, and park on the side of the road facing north, towards Rum River Elementary. She noted the residents did not like that and anything suggested the residents do not like. Councilmember Howard did not think putting no parking signs up now would solve the issue and suggested someone talk to the school about what can be done to resolve this problem. Mayor Gamache agreed. He did not see where an elementary school having this much available parking should have this type of a problem and thought there should be a way to fix this problem. Mayor Gamache suggested staff put together a speed study on 168th Lane. Councilmember Trude stated if they could just get the school zone reduced to 30 mph, she thought that would work. Mayor Gamache suggested the City have a meeting with the Rum River Elememtary Principal and anyone else attempting to put together a transportation policy at the school. Councilmember Bukkila thought they should meet with all the schools regarding this. ® Councilmember Howard stated he would like to get a sign indicating a trail on 168th Lane. Mr. Berkowitz stated they do not sign the middle of the road without a stop condition. Councilmember Howard asked if there could be a warning sign. Mr. Berkowitz stated right now Q Regular Andover City Council Meeting Minutes —April 15, 2014 Page 11 they have a "Watch for Children" sign but it can be signed however the City wants. Mr. Dickinson noted the direction for staff is to look at the potential of school zone signing along 168a' Lane, requesting something possibly identifying a trail crossing, look at reducing the speed along 1601 Lane through some mechanism, and meet with the Principal of the school before the end of the school year to discuss the transportation issues. Mayor Gamache stated if the Principal is unable to make this decision then they need to talk to someone else who has the authority to make the decision. Mr. Dickinson stated if this is the direction of the Council he would like staff to make the first contact to start this discussion. Mayor Gamache stated they need to find a solution over the spring and summer so they do not need to put no parking signs up. If they do not get one before school starts again, staff will bring the no parking request back for further discussion for the Council to make a decision. Ms. Strobel stated she has talked to the Principal of Rum River Elementary School and it was indicated that the walking path is not on school property so is not a concern of the school. She indicated she would like this to go back to the school. Mayor Gamache asked if anyone wanted to make the motion to approve the resolution for no parking signs on Wren Street. The Council did not want to move forward with the motion at this time until all other discussions or solution options are exhausted. Mayor Gamache recessed the meeting at 8:40 p.m. Mayor Gamache reconvened the meeting at 8:45 p.m. Mayor Gamache indicated before the recess he asked if the Council wanted to make a decision on the last item and the Council was in agreement to not make a motion to put up no parking signs at this time. CONSIDER CONDITIONAL USE PERMIT — MINING — ANDOVER BOULEVARD AND BUTTERNUT STREET — MARK SMITH Mr. Carlberg stated Mr. Smith is proposing to borrow (mine) up to 65,000 cubic yards of materials from the properties he owns along Andover Boulevard NW and Butternut Street NW. The materials will then be transported and used on the Catcher's Creek residential development site located at the southeast corner of Prairie Road NW and Andover Boulevard NW; City Code 12 -12 requires a Conditional Use Permit for mining of more than 400 cubic yards of materials on the property. Mr. Carlberg reviewed the staff report with the Council. ® Regular Andover City Council Meeting Minutes —April 15, 2014 Page 12 Councilmember Trude asked for more detail on the contour map. She wondered if the black lines showed gradual elevation changes that will bring it down to about the level of the road and then the restoration would be to get it back to buildable. Mr. Berkowitz explained the map shows potential future ghost platting in addition to what currently exists. He stated there will be an eight to one slope from the existing edge of the gravel road to the nine hundred foot contour and then the site will be fairly flat from that contour on. He reviewed the contour map with the Council. Mr. Berkowitz noted Mr. Smith has to show that he will be capturing more water on site than what will be leaving the property. Mayor Gamache asked if Mr. Smith is requesting approval to take the dirt offsite. Mr. Carlberg indicated that is correct. Councilmember Knight asked if the possible burial mound was located outside of the mining area. Mr. Carlberg indicated that it would not be affected by the proposed mining of the land. Councilmember Trude indicated she pulled up an ordinance that is still on the books, she indicated that Zoning Code 12 -8 -3 on mining requires additional items besides the CUP, it talks about a couple of things the permit has to take care of. She stated staff is taking care of those items through the engineering report referenced in the CUP resolution. She felt in her conversation with Mr. Berkowitz, that staff has been very thorough in reviewing this item and making sure everything is covered and correct. Mr. Mark Smith, 2120 Otter Lake Drive, Lino Lakes, was at the meeting to answer questions. Councilmember Trude wondered what the plan is for the land after the mining. Mr. Smith stated this was not started as a mining operation, it was first started as a ghost plat. He stated while working on the plans, they realized that the grade change on the property was substantial. There is a twenty -one foot climb from the Hickory Meadows development so the only way to build homes in the future is to get the elevation closer to the other development. Otherwise, they would be building with a three -foot retaining wall between lots to get them up to that elevation. By doing the first initial cut, around 900, it will get them closer to the elevation they want. He stated they were not doing the mining in order to just take the dirt from the land, this was secondary and happened to work out when they started the Catcher's Creek development. This makes the land more manageable to build homes in the future. Councilmember Bukkila indicated she is satisfied with the way things are laid out and that our expectations will need to be met before anything additional will go forward. She would like the Conditional Use Permit amended to add: "daily cleanup of the route so that anything left in the roadway is cleaned up." Mr. Dickinson stated that will be covered in the permit from the Anoka County Highway Department. Regular Andover City Council Meeting Minutes —April 15, 2014 Page 13 Councilmember Trude asked regarding safety, since this is going to be an operation by single family homes, she wondered if there were certain safety procedures for the end of day. Mr. Smith stated there are no steep grades going into this project area but they do have silt fencing around the entire site and they could put up orange color fencing as a warning sign. Councilmember Trude inquired about signage and if the City or County will be installing "Trucks Hauling" signs. Mr. Berkowitz explained that through the Anoka County Highway permit, in order to be able to haul on the roads, there will need to be "truck hauling" signs installed. Mayor Gamache opened up the floor to resident comments. No one wished to address the Council. Motion by Trude, Seconded by Bukkila, to approve Resolution R028 -14, Conditional Use Permit to allow mining on Andover Boulevard and Butternut Street, with the following additions and amendments to the conditions listed in the resolution: 4. Hours of hauling are limited to Monday thru Friday from 7:00 a.m. — 6:00 p.m., Saturday from 8:00 a.m. —1:00 p.m., no operations on Sunday. Butternut Street NW shall be treated by applicant as directed by the City Engineer, to control dust. 5. Hauling shall be completed no later than December 1, 2014. The site shall be restored to a buildable site, as determined by the City Engineer, and vegetated prior to winter conditions as determined by the Coon Creek Watershed District. 8. Mining shall be limited to 65,000 cubic yards and shall only occur in those areas approved on the site plan and any modifications to the plan accepted by the City Engineer. 9. An AutoCAD as -built plan and digital information must be submitted to the City showing compliance with this permit at the completion of the mining and restoration of the site. City Attorney Baumgartner indicated he is comfortable with the language. Motion carried unanimously. APPROVE AMENDMENT TO THE CITY CODE, TITLE 12 Mr. Carlberg stated the City Council is requested to consider the ordinance amendment to the City Code. Mr. Carlberg reviewed the staff report with the Council. © Regular Andover City Council Meeting Minutes —April 15, 2014 Page 14 Councilmember Trude stated the heading on residential uses, the catch -all phrase, was too broad and could be confusing to residents. Councilmember Bukkila stated that is the root problem of what they were discussing at in the beginning. She stated she comes from the perspective that everything is permissible unless told otherwise. This is typically how the laws are run and she would have liked to have seen something structured similarly whereas staff needs to have permission listed and enumerated. It kind of goes against what she wanted. Councilmember Trude wondered if the sentence needed to be there. Mr. Carlberg stated there are other sections of the City Code that regulate composting and gardening so if the sentence is being interpreted as not being able to do those things then it may be better to remove the statement. Staff and Council discussed possible ways to word the sentence. Councilmember Trude wondered if they need to list that it is okay to garden because it is not specifically listed on the table. Mr. Carlberg stated the table does not list everything that can be done on the property. There are other sections of the City Code where specific uses are regulated. Councilmember Bukkila stated from a City aspect, they really have endeared the policy of not over regulating and not looking for the problems but in a sense, being reactive. She would rather leave the sentence off because it really bothers her to leave it in. City Attorney Baumgartner stated the City is never going to account for everything so would the City rather be overly protective and prohibit something and then have somebody come forward asking for approval instead of someone coming in reporting a neighbor for a possible violation that is not prohibited and then trying to change the code. He noted by that time, it may be too late and the use would become non - conforming and be able to continue in perpetuity until the non - conforming use is discontinued. He would rather have somebody come forward with something favorable than have them come forward to change the code prohibiting a use. Mr. Dickinson stated they might want to add language to make it clearer: "If use is not specifically listed or provided for elsewhere in the City Code it is prohibited." That will direct people to a different section in the City Code that might address other issues not provided in the table, City Attorney Baumgartner agreed. City Attorney Baumgartner noted there was another change related to the Interim Use permitting he proposed in an email and wondered if it was included in the staff report. Mr. Carlberg stated City Attorney Baumgartner would need to add that verbally. City Attorney Baumgartner felt the proposed wording was confusing and recommended it be reworded to read: "No previously denied application for an interim use permit may be considered by the City Council for a period of one year from the date of its denial." The Council felt that made sense. ® Regular Andover City Council Meeting Minutes —April 15, 2014 Page 15 Motion by Trade, Seconded by Knight, to approve the ordinance amendment with the following changes made by the City Attorney: 1. If use is not specifically listed or provided for elsewhere in the City Code it is prohibited. 2. 12- 14 -12H will read "No previously denied application for an interim use permit may be considered by the City Council for a period of one year from the date of its denial ". Motion carried unanimously. APPOINT EDA COMMISSION MEMBERS Mayor Gamache stated the City Council conducted interviews earlier this evening and based on the interviews and subsequent discussion, would like to appoint Joyce Twistol and Timothy Cleven to the EDA Commission and ask Sharon Cramer to serve as alternate. Motion by Gamache, Seconded by Trade, to appoint Joyce Twistol and Timothy Cleven to the EDA Commission with Sharon Cramer to serve as alternate. Motion carried unanimously. 0 Mayor Gamache thanked Bob Nowak for all his years on the EDA Commission. SCHEDULE MAY EDA MEETING Mr. Dickinson requested the Council schedule a May EDA Meeting on May 6, 2014, at 6:00 p.m. Motion by Bukkila, Seconded by Howard, to schedule an EDA Meeting on May 6, 2014, at 6:00 p.m. Motion carried unanimously. SCHEDULE SPECIAL CITY COUNCIL MEETING /COMMUNITY SURVEY PRESENTATION Mr. Dickinson requested the Council schedule a Special City Council Meeting on April 29, 2014 at 6:00 p.m. to receive a presentation from the Morris Leatherman Group of the 2014 City of Andover Community Survey. Subsequent questions /answers will also be part of the meeting. Motion by Bukkila, Seconded by Trude, to schedule a Special City Council Meeting on April 29, 2014, at 6:00 p.m. Motion carried unanimously. SCHEDULE MAY WORKSHOP MEETING Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in the staff report. Motion by Bukkila, Seconded by Trade, to schedule a Workshop Meeting on May 27, 2014, at Regular Andover City Council Meeting Minutes —April 15, 2014 Page 16 6:00 p.m. Motion carried unanimously. 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. MAYORICOUNCIL INPUT (Joint Law Enforcement Council Update) Mayor Gamache updated the Council on the Joint Law Enforcement Council projects. (Appointment of Brad Johnson) Mayor Gamache stated he received a letter from Commissioner Carol LeDoux regarding the appointment of Brad Johnson for the Coon Creek Watershed District. (Insurance Email) Mayor Gamache stated he received an interesting email from a resident who noticed his insurance went up. Mr. Dickinson stated some of this has to do with city water availability and some has to do with how they review State building and fire codes. He reviewed the issues with codes and insurance companies use of ISO ratings. (Letter from Koch Pipeline) Mayor Gamache stated he received a letter from Koch Pipeline Company indicating they will be coming through doing testing and tree clearing. (Commendation for Public Works) Councilmember Knight commended the Public Works staff for the jobs they have done this winter. (Open Space Land) Councilmember Trade thanked the Open Space Commission and Aasness Family for the tour of the property. ((?CTV Hires) Councilmember Trade updated the Council on the QCTV hires that have been made. ADJOURNMENT Motion by Howard, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:00 p.m. Respectfully submitted, aSue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes —April 15, 2014 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL 1 S, 2014 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 3 ApprovePayment of Claims ........................................................................ ............................... 3 Approve Plans & Specs, Order Ad for Bids /14 -10, Station Parkway NW Reconstruction/14- 11, Prairie Road NW Overlay & 14 -14, Prairie Knoll Park Parking Lot Improvements (See Resolution R024- 14) .................................................................... ............................... 3 Approve Declaration of Encroachment Easement, Conditions & Covenants /15976 Drake StreetNW ............................................................................................. ............................... 3 Approve Easements /Anoka Hennepin School District 12- 37A/Andover Boulevard NW & Crosstown Boulevard NW Turn Lane Improvements ......................... ............................... 3 10 Award Bid /14 -2 & 14- 2A/2014 Street Reconstruction & 159`' Avenue NW Culvert Replacement (See Resolution R025- 14) .............................................. ............................... 3 Approve 2014 Abatement Contract ............................................................. ............................... 3 Financial Policy Addition/Post- Issuance Debt Compliance Policy (See Resolution R026 -14) . 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 UPDATE FROM CROOKED LAKE AREA ASSOCIATION ...................... ............................... 3 DISCUSS NO PARKING REQUEST/WREN STREET NW ........................ ............................... 4 CONSIDER CONDITIONAL USE PERMIT — MINING — ANDOVER BOULEVARD AND BUTTERNUT STREET — MARK SMITH (See Resolution R028 -14) ... ............................... 11 APPROVE AMENDMENT TO THE CITY CODE, TITLE 12 (See Ordinance 436) ................ 13 APPOINT EDA COMMISSION MEMBERS ............................................... ............................... 15 SCHEDULE MAY EDA MEETING ............................................................ ............................... 15 SCHEDULE SPECIAL CITY COUNCIL MEETING /COMMUNITY SURVEY PRESENTATION..................................................................................... ............................... 15 SCHEDULE MAY WORKSHOP MEETING .............................................. ............................... 15 ADMINISTRATOR'S REPORT ................................................................... ............................... 16 MAYOR/COUNCIL INPUT ......................................................................... ............................... 16 Joint Law Enforcement Council Update .................................................... ............................... 16 Appointment of Brad Johnson ................................................................... ............................... 16 InsuranceEmail .......................................................................................... ............................... 16 Letterfrom Koch Pipeline .......................................................................... ............................... 16 Commendation for Public Works .............................................................. ............................... OpenSpace Land ....................................................................................... ............................... 16 16 QCTVHires ............................................................................................... ............................... 16 ADJOURNMENT.......................................................................................... ............................... 16