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HomeMy WebLinkAboutCC - March 17, 2009 W T Y O F © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Tuesday, March 17, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/24/09 Workshop; 3/3/09 Regular Meeting) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Plans & Specs /Order Advertisement for Bids /09- 11/Water Treatment Plant Expansion Phase One (Settling Plates) - Engineering 4. Approve Plans & Specs /Order Advertisement for Bids /08- 37/157`' Avenue NW Reconstruction (MSAS 102) - Engineering S. Award Bid/09- 4/2009 Seal Coating - Engineering © 6. Award Bid/09- 5/2009 Pavement Markings - Engineering 7. Approve Resolution/Designating MSA Streets — Engineering Discussion Items 8. Anoka County Sheriff's Department Monthly Report — Sheri 9. Hold Public Hearing/Amend City Code/Nonconforming Structures (Section 12 -10) - Planning 10. Consider Rezoning from R -1 to R- 4/157' and Linnet Streets - Planning 11. Consider Preliminary Plat/Cardinal Ridge 2 nd Addition/157l and Linnet Streets — Planning 12. Discuss Open Space Update - Planning Staff Items 13. Consider Appointments /Coon Creek Watershed District Vacancies — Engineering 14. Schedule EDA Meeting — Administration 15. Schedule Special Council Workshops — Engineering /Public Works 16. Administrator's Report -Administration Mayor /Council Input Adjournment C II T Y j00F 1 �1D® �' L REGULAR ANDOVER CITY COUNCIL MEETING — MARCH I7, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 17, 2009, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Director of Public Works /City Engineer, Dave Berkowitz Others PLEDGE OFALLEGL9NCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Remove from Consent Items for discussion Item 4, (Approve Plans & Specs /Order Advertisement for Bids /08- 37/157` Avenue NW Reconstruction (MSAS 102). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES February 24, 2009, Workshop Meeting: Correct as amended. © Councilmember Trude stated on the first page, line 37 on the motion they did make and pass the motion and should read " Motion passed unanimously She also stated on page seven, line 6, she talked about tree sales and instead of sel it should be "bare root tree" Councilmember Bukkila stated on page eight, line 19, starts with " r,. une i r.°., b Ruick;'. .." but Regular Andover City Council Meeting Minutes —March 17, 2009 Page 2 should read " a resident, Kay Fisher, stated Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. March 3, 2009, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page five, line 5, should read "Mr. Slyzuk indicated the peat is shallow but he thought the corner on the western edge, which is sandy, would be buildable Councilmember Trude stated on page six, line 8 -9 thought what she said was not stated accurately. The sentence should read "Councilmember Trude stated as she listened to people and their personal situation it concerns her and delete " to w-m# to move now as opposed to ° fiAu.° a° +° " Because she said she was not concerned about rushing the project up but thought they may delay the project. Councilmember Trude stated on page seven, line 29, a resident spoke from the audience and some of what they said is noted. On line 29, after the period the following should be inserted " audience member indicated he was present to represent that propertyagree d he had the same feelings as the others." She stated on line 35, she brought up the twenty -five percent solution and they had people talk about that. The following should be inserted " She thought they could consider a twenty- five percent buy down of the assessed portion, since it is a unique road Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Plans & Specs /Order Advertisement for Bids /09 -11 /Water Treatment Plant Extension Phase One (Settling Plates) (See Resolution R019 -09) Item 5 Award Bid/09- 4/2009 Seal Coating (See Resolution R020 -09) Item 6 Award Bid/09- 5/2009 Pavement Markings (See Resolution R021 -09) Item 7 Approve Resolution/Designation MSA Streets (See Resolution R022 -09) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE PLANS & SPECS /ORDER ADVERTISEMENT FOR BIDS /08- 371157 NW RECONSTRUCTION (MSAS 102) The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 08 -37, 157"' Avenue Reconstruction (MSAS 102). © Regular Andover City Council Meeting Minutes —March 17, 2009 Page 3 Councilmember Trude stated she asked for this to be removed since this is the advertisement for bids for 157` Avenue Reconstruction and did not feel it was clearly written in the Resolution. The Council had discussed that this would go out for bids in Ham Lake but in case the situation arises that they would not move forward with the project when the bids come back they want Ham Lake to be able to proceed so they want the bid documents drawn up in a way that that contingent condition can happen. Mr. Berkowitz stated that is the way it has been prepared. The City's portion is in the plan set as an alternate and is understood and written clearly in the language in the specification that they have the option to reject the alternate. Ham Lake can move forward on base bid either based on the base and alternate together or the lowest base bid. It is covered in both specifications both in Andover's and Ham Lake's. Motion by Trude, Seconded by Jacobson, to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 08 -37, 157 Avenue Reconstruction (MSAS 102). Motion carried unanimously. (Resolution R023 -09) RECEIVE ANOKA COUNTY SHERIFFDEPARTMENT MONTHLYREPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Mayor Gamache stated he saw the Sheriff's report on QCTV and they were talking about the new building going up and he wondered if things were moving along on schedule. Captain Wells stated it was and looked really nice and they are looking at a mid - October move in. HOLD PUBLIC HEARING /AMEND CITY CODEINONCONFORMING STRUCTURES (SECTION 12 -10) The City Council reviewed the issue related to a nonconforming triplex at the February 3, 2009 and February 24, 2009 meetings. Mr. Neumeister reviewed the staff report with the Council. Councilmember Jacobson stated on page four, section 12 -10 -1, continuance of non - conformity, the first line reads "any structure or use lawfully existing upon the effective date of this title may be continued at the size and in the manner of operation existing upon such date as hereinafter specified. ", he wondered if they are talking about the effective date of when this was originally adopted or are they talking about the effective date of today if they pass it. City Attorney Baumgartner stated that was the question that came to his mind when he reread this and it is not clear on when the effective date is exactly. He did not know if they even needed any of the wording in this since a legal non - conforming use is entitled to stay with the exception of if it has not been used for a period of one year or is damaged in excess of fifty percent or more which is covered by the additional © Regular Andover City Council Meeting Minutes —March 17, 2009 Page 4 provision staff included in the ordinance itself. The other question he had was any structure or use lawfully existing, if it is non - conforming it could be a legal non - conforming, even if it is a lawful use and that is not real clear. This raises confusion and he thought they could strike this paragraph since it is covered by the additional provision that was added. Councilmember Trude wondered if they could wordsmith this instead of removing it and wondered if they had some definition somewhere that covers this for later discussion about lawful non- conforming. City Attorney Baumgartner referred to section 12 -10 -4B and thought it included everything they would need. Mayor Gamache asked if they would renumber everything after removal. Motion by Jacobson, Seconded by Trude, to remove 12 -10 -1 plus the entire paragraph under this and move all other up and renumber. Motion carried unanimously. Motion by Knight, Seconded by Bukkila, to open the public hearing. Motion carried unanimously. No one wished to address the Council. © Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adopt the summary ordinance. Motion carried unanimously. (Ordinance 378) CONSIDER REZONING FROMR -1 TO R- 4 1157 LINNET STREETS The Council is asked to review the proposed rezoning to allow the preliminary plat for Cardinal Ridge 2 " Addition to move forward. Councilmember Jacobson indicated normally they have a letter from the property owner requesting a rezoning and he did not see anything and wondered if they received anything. Mr. Neumeister stated they have an application form signed by the applicant who is the owner. Motion by Knight, Seconded by Jacobson, to approve the proposed rezoning based on the fact that times and conditions have changed. Motion carried unanimously. (Resolution R024 -09) CONSIDER PRELIMINARYPLAT /CARDINAL RIDGE 2 ND ADDITION/157 LINNET STREETS The Council is asked to review a Preliminary Plat for Cardinal Ridge 2 "d Addition. The proposed plat contains 14 single family lots. Mr. Neumeister reviewed the staff report with the Council. Regular,4ndover City Council Meeting Minutes —March 17, 2009 Page 5 Councilmember Trude thought density housing was not quite what they thought and at some point they should look at vacating the Linnet Street connection because now when she sees the blocks only have about ten houses, it is not very much traffic, it is a lot less traffic then the rest of the city's residential neighborhoods have. When they drive through the neighborhood it looks pretty bad to have that weed filled easement that heads north. Mr. Neumeister indicated that is not part of this plat at this time and is outside of the plat boundaries. He did not know that plat but it seemed to him that the property owner, to subdivide, would need that Linnet Street connection, otherwise he is going to be held to the one lot. He would need to look at that further. Councilmember Tiude thought they should look at that soon since it might affect the ability to sell the lots in this proposal because of the looks of the easement. She noted she did support the plat. Councilmember Jacobson stated he was looking at the dry pond and if they look at the north end, it is a little deceiving the way the layout is because the dry pond extends outside of the plat by at least one lot. They are constructing a dry storage pond technically outside of the plat. Mr. Berkowitz indicated that is correct and the adjacent property owner has agreed to grading within his site and has submitted a letter to that effect. Councilmember Jacobson stated on the north side of lot one there is an access off of Killdeer Street into the ponding area and there is another one on 157' he wondered why they needed both. Mr. Berkowitz indicated all ponds are required to have two access points. Councilmember Jacobson asked when the houses are built and they have the dry ponding, the tendency of the owners is to use that area and he wondered how they can prevent that in the future. Mr. Berkowitz stated through their comments and review they have stated they will need some type of insurance to cover that. What was discussed was some type of restrictive covenant and the developer through his engineer has agreed to provide that by the time the final plat is recorded. There is also a drainage and utility easement there and have enforcement through that. Motion by Jacobson, Seconded by Knight, to approve the proposed plat and add a condition to the attached resolution to ensure all of the existing structures and retaining walls will be removed from the site. Motion carried unanimously. (Resolution R024 -09) DISCUSS OPEN SPACE UPDATE This item is intended to provide an update on open space efforts and to outline the steps remaining to submit grant applications for this year. © Mr. Dickinson reviewed the information with the Council regarding two parcels. Motion by Trude, Seconded by Knight, to approve holding a public hearing on March 24, 2009 at the City Council Workshop Meeting at 6:00 p.m. for the purpose of reviewing the DNR Grant Application for purchase of open space land and potentially move forward with DNR Grant Regular Andover City Council Meeting Minutes —March 17, 2009 Page 6 Application for purchase of land at the March 24, 2009 City Council Workshop. Motion carried unanimously. Mayor Gamache asked if they need to have the appraisal in hand before applying for the DNR Grant. Mr. Dickinson indicated that is correct and they are under contract to have it done by the end of the month. Open Space Advisory Commission Chairperson Deric Deuschle reviewed on the map where in Andover the proposed parcel is located and the reason they decided to pick this parcel for purchase. The Council, Staff and Chairperson Deuschle discussed the possible purchase and costs associated. Mayor Gamache stated that while this is floodplain, it is not wetland. Mr. Deuschle stated most of it is not wetland, there is a little channel going across the southern part which has water in it but most of it is buildable and would have access for people to use the land. Councilmember Trude stated they were anxious to get something going last year but it did not work out and it is wonderful that these river parcels opened up and they found some willing sellers and these are really high on the list of criteria they came up with. She wanted to pass her compliments to him and the Commission members for their hard work on this and thought the residents will be really pleased when they actually move forward and hopes they have some success with the DNR Grant application. CONSIDER APPOINTMENTS /COON CREEK WATERSHED DISTRICT VACANCIES This item is in regard to recommending to the Anoka County Board of Commissioners and individual or individuals to serve as a manager on the Coon Creek Watershed District. Councilmember Trude indicated her recommendation would be to withhold any recommendation since she did not think it was appropriate to appoint someone whose very activities must be approved before this Coon Creek Watershed District Board. She thought this was a conflict of interest even though they can be removed from discussion on their own properties. Motion by Trude to withhold a recommendation. There was not a second to the motion so the motion failed. Councilmember Jacobson thought the County will appoint whomever they feel is best so he would © recommend they forward to the Board the two names they have received and indicating the Council did not have any recommendation. Motion by Jacobson, Seconded by Knight, to send the two names of the individuals who applied to the Coon Creek Watershed District Board and indicate in a letter they do not have any Regular Andover City Council Meeting Minutes — March 17, 2009 Page 7 recommendation. Motion carried 3 ayes, 2 nays (Ganache, Trude). SCHEDULE EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the April 21, 2009 City Council meeting. Motion by Jacobson, Seconded by Knight, schedule an EDA meeting on April 21, 2009 at 6:00 p.m. Motion carried unanimously. SCHEDULE SPECIAL COUNCIL WORKSHOP City Administrator Dickinson stated the Council is requested to schedule a Special Council Workshop for the month of April for a number of miscellaneous business items along with a second Council Workshop on the Water and Sewer System. © Motion by Trude, Seconded by Jacobson, to schedule a Special Council Workshop for Tuesday, April 14, 2009 at 7:00 p.m. for the Water and Sewer System Discussion. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, to schedule a Special Council Workshop for Tuesday, April 28, 2009 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and city department activities, meeting reminders, Local Board of Appeal and Equalization, Legislative update and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. Councilmember Trude wondered if they could get more information on the bid process and what the City can do to help with the financing and solutions they should come up with in regard to © 157 t " before the bids come in for approval. Mr. Dickinson stated they will get this on an agenda before approval is needed. © Regular Andover City Council Meeting Minutes —March 17, 2009 Page 8 MAYOR/COUNCIL INPUT (Anoka Discussion regarding possible snowmobile trails) — Mayor Gamache stated he was requested by the City of Anoka to begin having discussions regarding snowmobiles and encouraging running a snowmobile trail from Ham Lake to the river in Anoka. Anoka wondered if there is anywhere in Andover they could run a trail to connect other trails together. Mr. Dickinson indicated most places that have trails are in County right -of -way and large land owner's property. The DNR participates and have a snowmobile association maintain the trails. The best place to look is in right -of -way and whether Anoka County is on board with it. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:16 p.m. Respectfully submitted, 0 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — March 17, 2009 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MARCH 17, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Approve Plans & Specs /Order Advertisement for Bids /09 -11 /Water Treatment Plant Extension Phase One (Settling Plates) (Resolution R019- 09) ................................. ............................... 2 Award Bid /09- 4/2009 Seal Coating (Resolution R020- 09) ......................... ............................... 2 Award Bid/09- 5/2009 Pavement Markings (Resolution R021 -09) ............. ............................... 2 Approve Resolution/Designation MSA Streets (Resolution R022 -09) ...... ............................... 2 APPROVE PLANS & SPECS /ORDER ADVERTISEMENT FOR BIDS /08- 37/157 AVENUE NW RECONSTRUCTION (MSAS 102) ................................................... ............................... 2 © RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ..................... 3 HOLD PUBLIC HEARING /AMEND CITY CODE/NON- CONFORMING STRUCTURES (SECTION 12 -10) (Ordinance 378) .......................................................... ............................... 3 CONSIDER REZONING FROM R -1 TO R- 4/157 AND LINNET STREETS (Ordinance 379) .......................................................................................................................... ............................... 4 CONSIDER PRELIMINARY PLAT /CARDINAL RIDGE 2 ND ADDITION /157 AND LINNET STREETS (Resolution R024 -09) ................................................ ............................... 4 DISCUSSOPEN SPACE UPDATE ............................................................... ............................... 5 CONSIDER APPOINTMENTS /COON CREEK WATERSHED DISTRICT VACANCIES ...... 6 SCHEDULEEDA MEETING ......................................................................... ............................... 7 SCHEDULE SPECIAL COUNCIL WORKSHOP .......................................... ............................... 7 ADMINISTRATORREPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 Anoka Discussion regarding possible snowmobile trails ............................ ............................... 8 ADOURNMENT............................................................................................. ............................... 9