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HomeMy WebLinkAboutCC - November 4, 2009 CN T Y O F D0VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Wednesday, November 4, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/20/09 Regular, 10/20/09 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution/Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies, Regional Mutual Aid Association - Engineering 4. Authorize 2010 Improvement and Equipment Purchase - Finance 5. Order Feasibility Report/10- 2/2010 Street Reconstruction - Engineering 6. Order Improvement/Order Plans & Specs /10- 3/2010 Crack Sealing - Engineering © 7. Order Improvement/Order Plans & Specs / /10- 4/2010 Seal Coating - Engineering 8. Order Improvement/Order Plans & Specs /10- 5/2010 Pavement Markings - Engineering 9. Order Improvement/Order Plans & Specs /10- 7/2010 Trail Maintenance - Engineering 10. Order Improvement/Order Plans & Specs /10- 8/2010 Curb, Sidewalk & Pedestrian Ramp Repairs — Engineering 11. Approve Updating Employee Personnel Policy -Administration Discussion Items 12. Hold Public Hearing/ Delinquent Service Charges — Finance /Administration 13. Hold Public Hearing/Adopt Assessment Roll/09- 2/2009 Street Reconstruction — Engineering 14. Hold Public Hearing/Adopt Assessment Roll/08- 37/157 Avenue NW Reconstruction (MSAS 102) - Engineering 15. Hold Public Hearing/Consider Vacation of Right -of -Way & Easements/Kwik Trip - Planning 16. Consider Preliminary Plat/Kwik Trip Andover Addition — Planning 17. Consider Conditional Use Permit with Variances to Parking Lot Setback/Kwik Trip /Southeast Corner of Bunker Lake Boulevard & Jay Street NW - Planning Staff Items 18. Schedule Joint Work Session With Open Space Advisory Commission - Planning 19. Administrator's Report -Administration Mayor /Council Input © Closed Session: Land Purchase Negotiations PID# 29 -32 -24-44 -0022 Adjournment CIT�Y ®r © 1�!1J VE O 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING — NOVEMBER 4 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 4, 2009, 7:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Julie Trude Councilmember absent: Sheri Bukkila Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OFALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL The Council acknowledged that Supplemental information was received. Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. ( Bukkila absent) APPROVAL OF MINUTES October 20, 2009, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, line 4, delete the word "using ". On line 37, after irrigation it should state " because there are none at the new site ". On line 44, the word approve should be " approving ". Councilmember Trude suggested on page 2, line 41, adding " school speed zones" continuing with along Bunker Lake Boulevard... 4 Regular Andover City Council Meeting Minutes — November 4, 2009 Page 2 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. (Bukkila absent) October 20, 2009, Closed Meeting: Correct as amended. Councilmember Jacobson stated on page 4, line 14, the word "once" should be "one ". Line 15, after two percent the word "of' should be replaced with the word "for ". Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. (Bukkila absent) CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Resolution/Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies, Regional Mutual Aid Association (See Resolution R082 -09) Item 4 Authorize 2010 Improvement and Equipment Purchase Item 5 Order Feasibility Report/l0- 2/2010 Street Reconstruction (See Resolution R083- 09) Item 6 Order Improvement/Order Plans & Specs /10- 3/2010 Crack Sealing (See Resolution R084 -09) Item 7 Order Improvement /Order Plans & Specs /10 -4 /Seal Coating (See Resolution R085 -09) Item 8 Order Improvement/Order Plans & Specs /10- 5/2010 Pavement Markings (See Resolution R086 -09) Item 9 Order Improvement/Order Plans & Specs /10- 7/2010 Trail Maintenance (See Resolution R087 -09) Item 10 Order Improvement/Order Plans & Specs /10- 8/2010 Curb, Sidewalk & Pedestrian Ramp Repairs (See Resolution R088 -09) Item 11 Approve Updating Employee Personnel Policy Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. (Bukkila absent) HOLD PUBLIC HEARING/DELINQUENT SERVICE CHARGES Mr. Dickinson stated City Code provides for the collection by assessment for delinquent service charges, particularly water and sewer charges. The City has duly advertised the public hearing and provided notices to the properties. The total delinquent service charges are $79,894.29. The City will continue to collect payments from individuals until November 13, 2009; those payments will be I emoved from the list to certification to Anoka County. © Regular Andover City Council Meeting Minutes — November 4, 2009 Page 3 Motion by Knight, Seconded by Jacobson, to open the public hearing at 7:13 p.m. Motion carried unanimously. (Bukkila absent) No one wished to address the Council. Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:14 p.m. Motion carried unanimously. (Bukkila absent) Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the assessment roll. Motion carried unanimously. (Bukkila absent) (See Resolution R089 -09) Mr. Dickinson indicated with the approval of the resolution payments can be made until November 13 After November 13 a service fee will be added to each delinquent balance and will be certified to Anoka County for collection with the 2010 taxes. HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL 109- 212009 STREET RECONSTRUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for the Project 09 -2, 2009 Street Reconstruction. Mr. Berkowitz reviewed the staff report with the Council. Mr. Berkowitz indicated if the resolution is adopted tonight there are two options for property owners to pay the assessment. The first option is for the assessment to be paid in full with no interest within 30 days of adoption of the resolution; the second option is to have the assessment certified to the 2010 taxes where it would be paid over a ten year period. Councilmember Knight asked how long the new road is projected to last. Mr. Berkowitz indicated with proper maintenance it should last 30 years, if not more. Councilmember Jacobson noted letters from Mark Pitman, 2023 -175"' Lane NW and Greg & Penny Worthington, 2022 -175 Lane NW were received by Council objecting to their respective assessment. Motion by Knight, Seconded by Trude, to open the public hearing at 7:20 p.m. Motion carried unanimously. (Bukkila absent) Tom Nielsen, 2211 -175 Lane NW, complimented City staff for a job well done. © Mary Saxon, 2207 -176 Lane NW, stated a fabulous job was done on the project. She questioned if the assessment is tax deductible. Mr. Dickinson indicated it is not. Ray Stacherski, 2156 -176 Lane NW, stated the contractor and City staff was great to work with. © Regular Andover City Council Meeting Minutes — November 4, 2009 Page 4 Penny Worthington, 2022 -175 Lane NW, indicated she lives in a cul -del -sac and is not happy that the project made the cul -del -sac smaller. Yes, her yard is bigger but she feels making the cul -del -sac smaller will take away value from her property. Councilmember Jacobson asked if the original cul- del -sac was larger. Mr. Berkowitz indicated it was. Mayor Gamache stated he can understand the issue of financial difficulty in these times however; the roads were in need of repair. Penny Worthington stated the concrete curb gives the area a "city" feel and she did not want to live in the "city ". City project requirements were discussed. Councilmember Trude indicated to Ms. Worthington she has legal rights she can pursue. Councilmember Jacobson asked the City Attorney, Scott Baumgartner the process for property owners that object to the project. Mr. Baumgartner explained the appeal process. © Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:34 p.m. Motion carried unanimously. (Bukkila absent) Motion by Jacobson, Seconded by Trude, to approve the resolution adopting the assessment roll for Project 09 -2, 2009 Street Reconstruction. Motion carried unanimously. (Bukkila absent) (See Resolution R090 -09) HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL108- 371157 AVENUE NW RECONSTRUCTION (MSAS 102) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for the Project 08 -37, 157 Avenue NW Reconstruction (MSAS 102). Mr. Berkowitz reviewed the information with the Council. He stated there are two different types of property assessments with this project: properties within the MUSA and properties outside the MUSA. Mr. Berkowitz indicated at a previous meeting deferred assessments were discussed for property with potential lot splits. The resolution presented tonight identifies the properties with deferred assessments. Mr. Dickinson and Mr. Berkowitz explained the deferred assessment process. © Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:47 p.m. Motion carried unanimously. (Bukkila absent) Jackie Lipski, 629 -157 Avenue NW, wanted to thank the Council for making it more affordable for © Regular Andover City Council Meeting Minutes — November 4, 2009 Page 5 the property owners. The road had to be repaired and they did a nice job. Ms. Lipski asked if the assessment is certified to the taxes the first year can the owner come in and pay off the balance the second year. Mr. Berkowitz indicated yes the assessment can be paid off once it is certified to the County, but keep in mind interest will be certified for the entire year, he suggested paying the assessment in November of the following year before it gets certified to the County. Mr. Berkowitz stated November 15'" is the date assessments need to be paid by since the City has to get the certified assessments to the County by November 30 Cary Carlson, 524- 157 Avenue, asked if everyone outside the MUSA will be charged an assessment for one parcel. Mr. Berkowitz indicated that is correct. Mr. Carlson asked why he is getting charged a storm water utility fee when the water stays on his property. Mr. Berkowitz stated if water does not discharge off his property you can get a credit for it. Mr. Berkowitz indicated proof would need to be submitted, such as a contour map or survey showing the water does not discharge of his property. Diane Scholzen, 553- 157 Avenue, asked for an explanation on the $250 credit for a driveway put in during the project. Mr. Berkowitz explained the driveway process which applies to projects where curb and gutter do not exist, but will be installed during the project. Ms. Scholzen asked how it was © determined which cement joints from the curb would be repaired and which would not. She stated right in front of her house there are wide gaps in the cement joints. Mr. Berkowitz stated it is discretional. If there is a specific area, it can be looked at and either be repaired or get a patch material for it. Motion by Jacobson, Seconded by Trude, to close the public hearing at 7:55 p.m. Motion carried unanimously. (Bukkila absent) Motion by Jacobson, Seconded by Trude, to approve the resolution adopting the assessment roll and approve the resolution for deferring assessments for various properties for Project 08 -37, 157 Avenue NW Reconstruction (MSAS 102). Motion carried unanimously. (Bukkila absent) (See Resolution R091 -09 and Resolution R095 -09) HOLD PUBLIC HEARING /CONSIDER VACATION OF RIGHTS -OF -WAY & EASEMENT/KWIK TRIP The applicant is seeking to vacate existing right -of -way, utility and drainage and street easements that exist on the subject properties. The intent is to clear these sites of these encumbrances in preparation for redevelopment. The applicant proposes to dedicate right -of -way for a new frontage road and new easements for utility and drainage purposes as a part of the plat. © Mr. Neumeister reviewed the report with the Council. Motion by Trude, Seconded by Knight, to open the public hearing at 8:00 p.m. Motion carried unanimously. (Bukkila absent) © Regular Andover City Council Meeting Minutes —November 4, 2009 Page 6 No one wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:01 p.m. Motion carried unanimously. (Bukkila absent) Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of right -of -way and easements subject to the conditions of the attached resolution. Motion carried unanimously. (Bukkila absent) (See Resolution R092 -09) CONSIDER PRELIMINARYPLATIKWIK TRIP ANDOVER ADDITION The Council is asked to review a preliminary plat that will combine two existing lots into one lot and dedicate right -of -way for realignment of the existing frontage road and associated drainage. Mr. Neumeister reviewed the information with the Council. Councilmember Trude asked if the pond is part of this process. Mr. Neumeister stated it is. Councilmember Trude asked who does the maintenance of the pond and keeps it safe. Mr. Berkowitz indicated the City does and through discussion it was decided to take the entire area as right -of -way. The pond has been sized to handle run off from Kwik Trip, road run off and a small portion of the adjacent property to the east. Councilmember Jacobson stated in the previous agenda item they approved the vacation of easement. Since the utilities are not being moved what will happen if a utility needs repair and they are not located within the easement. Mr. Berkowitz indicated the utilities are still in the easement. Mr. Neumeister explained the preliminary plat. Motion by Knight, Seconded by Trude, to approve the proposed preliminary plat subject to the conditions of the attached resolution. Motion carried unanimously. (Bukkila absent) (See Resolution R093 -09) CONSIDER CONDITIONAL USE PERMIT WITH VARIANCES TO PARKING LOT SETBACK/KWIK TRIP /SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD & JAY STREET NW © Mr. Neumeister reviewed the staff report and drawings with the Council. He stated Leah Berlin, a representative from Kwik Trip is in attendance and will be available for questions from the Council. Councilmember Jacobson suggested to Ms. Berlin to review the size of the sign and make sure it Regular Andover City Council Meeting Minutes — November 4, 2009 Page 7 complies with the City Code. Ms. Berlin stated the sign size has been reviewed. Councilmember Jacobson asked what kind of lighting will be used for the overhead canopy. Ms. Berlin stated LED lights will be used to backlight the canopy. Councilmember Jacobson has some concern with the side of the building that faces Bunker Lake Boulevard. He would like to see more windows on that side and have the ice chest moved to the other side of the building. Ms. Berlin agreed to move the ice chest to the car wash area. Councilmember Trude has concern with the placement of the garbage enclosure. Ms. Berlin indicated moving the dumpster enclosure is significantly difficult. Councilmember Jacobson suggested working with staff on moving the garbage enclosure and the ice chest. Councilmember Trude stated concern with a lot of exterior storage that does not match the fagade. The exterior of the building was discussed. Councilmember Trude stated she would be willing to table this item. Mayor Gamache indicated the landscaping plan shows pine trees on the north side that will create a screen. Councilmember Knight stated the side of the building that faces Bunker Lake Boulevard is the least attractive of all four sides. Councilmember Jacobson stated he does not see a reason to table this item as long as the items of concern are addressed on the final plan. Mr. Dickinson indicated the comments made are generally commercial site plan review comments. Scott Baumgartner, City Attorney stated in looking at the resolution his concern is numbers 5 and 6. Mr. Baumgartner suggested the language in number 5 to read: "Exterior storage shall be limited to pallets of salt, two ice chests to be located at a mutually agreeable location, one cage for prefilled propane tanks (filled on site) and small trash recycling containers, the locations of which to be approved by the City ". Councilmember Trude stated she does not see immediacy on this item. Ms. Berlin disagrees, based on the contract with the land owner this is time sensitive. Mr. Baumgartner suggested changing number 6 on the resolution to read: "The applicant shall enter into an encroachment agreement to include, but not be limited to an indemnification and hold harmless provision whereby the applicant shall be financially responsible for replacing private improvements within public drainage and utility easements on the site ". Councilmember Trude asked if the changes are made in numbers 5 and 6, number 2 should be Regular Andover City Council Meeting Minutes —November 4, 2009 Page 8 changed as well. Councilmember Jacobson suggested number 2 to read: "The architecture of the buildings and canopy shall conform to the architectural renderings stamped received by the City September 23, 2009, also including Spando windows on the north side of the building to be added. Motion by Jacobson, Seconded by Knight, to approve the proposed Conditional Use Permit and variances to parking setback with resolution changes on numbers 2, 5, and 6 as suggested by the City Attorney. Councilmember Trade asked Ms. Berlin to explain the landscape design. Ms. Berlin explained the landscape along Bunker Lake Boulevard is intended as screening, the front area will be planted with bed shrub beds in various heights, and a picnic table will be placed on the south side. Mr. Baumgartner stated number 2 on the resolution could be rewritten as: "The architecture of the buildings and canopy shall be in substantial conformity to the architectural renderings stamped received by the City September 23, 2009 and subject to final approval by the City." © Motion carried unanimously. (Bukkila absent) (See Resolution R094 -09) SCHEDULE JOINT WORK SESSION WITH OPEN SPACE ADVISORY COMMISSION The Council is requested to schedule a joint meeting with the Open Space Advisory Commission to discuss their role in preparing for development and participating in the development review process. Motion by Knight, Seconded by Jacobson, to schedule a joint work session with the Open Space Advisory Commission for Wednesday, December 9, 2009 at 7:00 p.m. Motion carried unanimously. (Bukkila absent) ADMINISTRATOR REPORT City Administrator Dickinson, updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT (Street Projects) — Councilmember Knight complimented Staff for a job well done on both street © projects. (Elections) — Councilmember Trude stated there was a high turn out for the School District Election. She congratulated Kathy Tinglestad, an Andover resident, for being elected to the District 11 School Board. Q Regular Andover City Council Meeting Minutes — November 4, 2009 Page 9 The Council recessed at 9:00 p.m. to go to a closed session to discuss land purchase negotiations. The Council returned from the recess at 9:20 p.m. Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:20 p.m. Respectfully submitted, Michelle Hartner, Recording Secretary Q Regular Andover City Council Meeting Minutes — November 4, 2009 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 4 1 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Approve Resolution/Withdrawal and Termination from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies, Regional Mutual Aid Association (See Resolution R082- 09) ................................................... ............................... 2 Authorize 2010 Improvement and Equipment Purchase ............................. ............................... 2 Order Feasibility Report/10- 2/2010 Street Reconstruction (See Resolution R083- 09) .............. 2 Order Improvement/Order Plans & Specs /10- 3/2010 Crack Sealing (See Resolution R084 -09)2 Order Improvement /Order Plans & Specs /10 -4 /Seal Coating (See Resolution R085 -09) ......... 2 Order Improvement/Order Plans & Specs /10- 5/2010 Pavement Markings (See Resolution 2 R086 -09) ................................ ............................... Order Improvement/Order Plans & Specs /10- 7/2010 Trail Maintenance (See Resolution R087- 09) ....................................................................................................... ............................... 2 Order Improvement/Order Plans & Specs /10- 8/2010 Curb, Sidewalk & Pedestrian Ramp Repairs (See Resolution R088- 09) .......................................................... ............................... 2 Approve Updating Employee Personnel Policy ........................................... ............................... 2 HOLD PUBLIC HEARING /DELINQUENT SERVICE CHARGES (See Resolution R089-09).2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /09- 2/2009 STREET RECONSTRUCTION (See Resolution R090 -09) ...................................... ............................... 3 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /08- 37/157 AVENUE NW RECONSTRUCTION (MSAS 102) (See Resolution R091- 09) ................. ............................... 4 HOLD PUBLIC HEARING /CONSIDER VACATION OF RIGHTS -OF -WAY & EASEMENT /KWIK TRIP (See Resolution R092 -09) ............................... ............................... 5 CONSIDER PRELIMINARY PLAT/KWIK TRIP ANDOVER ADDITION (See Resolution R093- 09) ...................................................................................................... ............................... 6 CONSIDER CONDITIONAL USE PERMIT WITH VARIANCES TO PARKING LOT SETBACK/KWIK TRIP /SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD & JAY STREET NW (See Resolution R094- 09) ............................................ ............................... 6 SCHEDULE JOINT WORK SESSION WITH OPEN SPACE ADVISORY COMMISSION..... 8 ADMINISTRATORREPORT ........................................................................ ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 Street Project School District Election CLOSED SESSION ADJOURNMENT............................................................................................ ............................... 9