City Council

REGULAR ANDOVER CITY COUNCIL MEETING – SEPTEMBER 2, 2014 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 2, 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 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. RECOGNITION OF JOHN PORTESAN, EAGLE SCOUT FOR THE TARGET POND DOCK PROJECT Mayor Gamache recognized Mr. John Portesan, for his Eagle Scout project work on the Target Pond Dock. Councilmember Howard recapped the project that he worked on with Mr. Portesan. Mr. Portesan explained the Eagle Scout project was to gain leadership and the Eagle Scout badge. Mayor Gamache and the rest of the Council thanked Mr. Portesan for the completed project. Councilmember Trude thanked Mr. Portesan for completing the project. Councilmember Howard wondered if they could place a small recognition plaque on the site to promote others to work on City projects. Councilmember Bukkila thought it was a good idea and thought it was a great plan and congratulated Mr. Portesan on working with adults and Government to get the project done. Regular Andover City Council Meeting Minutes – September 2, 2014 Page 2 PROCLAMATION – CONSTITUTION WEEK Mayor Gamache read the constitution week proclamation and proclaimed the week of September 17th as Constitution Week. PROCLAMATION – OCTOBER 2014 DOMESTIC VIOLENCE AWARENESS MONTH Mayor Gamache issued the proclamation indicating October 2014 as Domestic Violence Awareness Month. AGENDA APPROVAL Staff requested Item 4 (Approve the Final Plat of Catcher’s Creek) to be tabled until October 7, 2014. Add Item 7a (Approve Crosstown Boulevard Traffic Analysis Phase 2/ City Project 12- 37B and add a Closed Session Meeting to discuss Property Negotiations/Pid #11-32-24-31-0001. Motion by Knight, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 19, 2014, Regular Meeting: Correct as written. Motion by Trude, Seconded by Howard, to approve the minutes as presented. Motion carried 4- ayes, 1-present (Bukkila). August 19, 2014, Closed Session Meeting: Correct as amended. Councilmember Trude stated on page two, line 28 she would like a couple of words removed at the end of the sentence and have the sentence end at “…cluster development.” Motion by Trude, Seconded by Howard, to approve the minutes as indicated above. Motion carried 4-ayes, 1 present (Bukkila). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Declare Cost/Order Assessment Roll/14-2/2014 Street Reconstruction (See Resolution R060-14) Item 5 Approve Resolution/LRRWMO JPA (See Resolution R061-14) Item 6 Approve Contract for School Liaison/Anoka-Hennepin School District #11 Item 7 Accept Donation/12-31/Andover Football Association/Sports Complex/3535 – 161st Avenue NW (See Resolution R062-14) Regular Andover City Council Meeting Minutes – September 2, 2014 Page 3 Item 7a Approve Crosstown Boulevard Traffic Analysis Phase 2/City Project 12-37B Motion by Howard, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER THE AMENDED CONDITIONAL USE PERMIT TO REVISE THE PLANNED UNIT DEVELOPMENT FOR ANDOVER CLOCKTOWER COMMONS CONTINUED Mr. Carlberg explained the current owners of the Andover Clocktower Commons are requesting to amend the existing Conditional Use Permit and to revise the approved Planned Unit Development on Lots 3-5, Block 1, Andover Clocktower Commons. Mr. Carlberg reviewed the staff report with the Council. Darren Lazan, with Landform, 105 South 5th Avenue, Suite 513, Minneapolis, made a presentation to the Council. Councilmember Howard asked if the maximum height of the retaining wall is 2.5 feet. Mr. Lazan stated the wall disappears at each end of the building and the highest height of 2.5 feet would be where it is shown on the drawing. Adjacent to the parking, there is no wall, it would slope down toward the trail. Councilmember Howard wondered if there needed to be railing along the wall. Mr. Lazan did not think there was need for one but if at final design it is determined one is needed they will add it. Councilmember Bukkila stated she liked what was presented and liked Option B of correcting the trail. Councilmember Knight stated his issue is with the wall and children could fall from it. Mr. Lazan stated they could put a rail on the wall for safety issues. This is not a public way but actually a service access area to the back of the building. Councilmember Howard stated he liked the design. Mr. Lazan stated the signage issues are resolved and they landed on the $10,000 differential between Option A and Option B and to clarify there is an option to add a pipe that runs into the site rather than a French drain and if there is an upcharge for that portion of pipe, he asked if the City would participate at that upcharge. Mr. Berkowitz stated if there is some upsizing within the development area that would be the City’s responsibility. Mr. Berkowitz reviewed Option B and indicated this is the better option because it allows the road to be expanded without too much impact to the trail. This would include the City participating with $10,000. Regular Andover City Council Meeting Minutes – September 2, 2014 Page 4 Motion by Trude, Seconded by Knight, to approve Resolution R063-14, amending the approved Conditional Use Permit to amend the Planned Unit Development of Andover Clocktower Commons, legally described as Lots 3-5, Block 1, Andover Clocktower Commons with the following changes: Council elects to go with Option B for the design and not going over $10,000 differential between Option A and Option B. Motion carried unanimously. Mr. Dickinson asked Council to move Item 11 up before Items 9 and 10 because the applicant is not currently at the meeting. CONSIDER THE PRELIMINARY PLAT FOR WINSLOW WOODS 2ND ADDITION – TONY EMMERICH CONSTRUCTION Mr. Carlberg stated the City Council is asked to review the preliminary plat for Winslow Woods 2nd Addition. The plat contains 18-urban residential lots and 1-outlot as proposed by Tony Emmerich Construction. Mr. Carlberg reviewed the staff report with the Council. Mayor Gamache stated on the pond on the east side of the cul-de-sac on 150th Lane is property they do not own but will need to go in and do the improvements. Mr. Carlberg stated there will be an easement for that which they have worked out and also easements for the temporary cul-de -sac. Mayor Gamache asked why the developer is not giving the City the easement for the road going to the north. He stated he would like to see this wrapped up with either this phase of the development or before the next development phase comes in. Councilmember Howard stated the proposed ponding area is supposed to be recorded at the same time as the plat so he wondered if the whole area is a drainage easement. Mr. Carlberg believed the developer is sizing the pond to accommodate the future development. Councilmember Howard sees that the cul-de-sac is not going to be developed to attach to Xeon Street. Mr. Carlberg stated at some point they need to look at where the utility line is going to go and then follow some type of trail and eventually get under the tracks. Mr. Berkowitz reviewed the pond and future utility and road connections with the Council. Councilmember Bukkila wondered what can be done to make sure the road connection gets done. Mr. Berkowitz stated they can either attach the connection to this project or to outlot A (the next phase). Councilmember Trude stated she had a talk with Mrs. Holasek about this project and there is concern within the family about Xeon Street going through the farm. The developer has a letter from the family regarding their concerns and not wanting Xeon Street to go through. She has offered to sit down with the family about a connection going to the north rather than towards her Regular Andover City Council Meeting Minutes – September 2, 2014 Page 5 home, at minimum this would potentially be for emergency access or egress. Councilmember Bukkila would not initiate anything going towards the home site but if they are going to have the two neighborhoods built, she would like to see them linked. She thought if they are going to be doing a development the transportation needs to be there to see it through. Mayor Gamache stated when they discussed the initial plan they made sure both developments connected because they did not want Xeon Street to be a dead end road. Councilmember Trude stated on Yellow Pine Street there is an access point for utilities and she wondered if they could avoid the construction of that and take the access to the north instead because this would save a lot of trees. Mr. Berkowitz indicated one of the challenges is the pipeline crossing so they could prefer to access that from Yellow Pine Street. He stated they will lose most of the trees with the grading of the lot and pond. Councilmember Trude asked if the holding pond will prevent them from establishing an underpass connection. Mr. Berkowitz reviewed a potential underpass location with the Council. He noted it will most likely go into a cul-de-sac area further north in the next phase. Mr. Larry Olson, representing Tony Emmerich Construction, 1875 Station Parkway NW, Andover, reviewed the development plans with the Council and also concerns from the Holasek family. Councilmember Trude thought the City could discuss a gated egress for emergency access with the Holasek property until the Holaseks’ sell more property or no longer live on the homestead. Councilmember Bukkila thought they should be consistent with all of the developments in the City and treat this development the same way. Mayor Gamache stated he could live with a safety road right now if it is discussed and ok with the property owner. He wanted to make sure the long range plan is that the two developments will eventually connect together. Mr. Carlberg indicated the neighborhood has not developed and when it does the connection needs to be made, without the connection the land purchase in the future may not happen. Mayor Gamache stated they need to have the ability to make the road as large as they need it to be. They need to make sure the full easement is available for the future. He would like it go all the way through eventually and not keep it a cul-de-sac forever. His concern is that it is being conveyed to the property owners that it is the City that is requiring the road to go through. All the City is requiring is that eventually the two developments connect together. The City is making sure that when the time comes the transportation aspect of this development is being looked at so the residents of this development in the future have the ability to get through. Councilmember Bukkila asked if a less improved road was done now, how would the upgrade get done in the future if it was not done with the development now. Mr. Carlberg thought it Regular Andover City Council Meeting Minutes – September 2, 2014 Page 6 would be better for the Council to approve the preliminary plat but send the message that the next development phase does not get approved without a full access, right-of-way width road construction of Xeon Street. Councilmember Trude stated with Xeon Street being treated as a full State Aid road that is going to bear a lot of traffic. If this road does not go through at Andover Boulevard and they make this connection, as soon as the connection is made it will become the new major egress and people will try to filter out different ways to get out of the development. Councilmember Howard stated the only other issue he would have is granting the full easement for the pond. He suggested the developer take what they need and leave the City options so it does not cut off future street planning. Councilmember Knight stated they would need to stipulate the pond cannot intrude on the designated road area. Mr. Berkowitz stated the developer should secure the easement now so they have it for phase two of the development. Councilmember Knight asked City Attorney Baumgartner if they should stipulate that the space should be left open. Mr. Baumgartner thought the connection serves the next phase more than the proposed this eveing. Councilmember Bukkila stated the only issue is because of this cul-de-sac that they are going to do the additional ponding that may potentially interfere. Mr. Baumgartner stated with the additional ponding maybe they need to identify the location of the potential future road and on the plat itself as a ghost plat the future potential road to the specifics needed with the pond located and identified so it takes all that into consideration. Councilmember Bukkila stated the concern is if they approve the plat as shown and the drawings do not correspond to what was discussed what would the recommendation be. Mr. Berkowitz reviewed the requirements on a State Aid Road. He noted the City already has the requirements met. Mayor Gamache stated they are really concerned with going north not south at this point. He thought this has been conveyed to the developer and the Holasek family. Motion by Trude, Seconded by Howard, to approve resolution R065-14, approving the preliminary plat subject to the conditions as required by the City. Motion carried unanimously. CONSIDER REZONING OF 10.02 ACRES FROM R-1, SINGLE FAMILY RURAL TO R-1, SINGLE FAMILY URBAN – 14123 PRAIRIE ROAD NW – TH CONSTRUCTION OF ANOKA Regular Andover City Council Meeting Minutes – September 2, 2014 Page 7 Mr. Carlberg explained the City Council is requested to review the proposed request to rezone ten (10) acres from R-1, Single Family Rural to R-4, Single Family Urban as requested by TH Construction of Anoka. Mr. Carlberg reviewed the staff report with the Council. Councilmember Trude asked if the application for rezoning has been submitted by the property owner or is the developer now the owner of the property. Mr. Carlberg stated the applicant is the owner and they have all appropriate applications signed. Motion by Knight, Seconded by Bukkila, to approve the rezoning request based on the fact that the property is located within the MUSA, water and sewer is available to the property and the request is in harmony with the Andover Comprehensive Plan. Motion carried unanimously. (See Ordinance 442) CONSIDER THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF CARSON RIDGE – TH CONSTRUCTION OF ANOKA Mr. Carlberg stated the City Council is asked to review the Preliminary Plat/PUD for Carson Ridge. The plat contains 18-urban residential lots as proposed by TH Construction of Anoka. Mr. Carlberg reviewed the staff report with the Council. Mayor Gamache asked on the existing home if there is also a barn or out building and he wondered if that would be removed. Mr. Carlberg indicated that out building will be removed. Councilmember Trude stated eight oak trees may need to be taken down for the trail and she wondered if the benefit of the trail to this neighborhood is worth losing a lot of trees replacing with plantings and a split rail fence. Councilmember Bukkila stated she liked the concept of the trail but had concerns about the fencing. It makes the area wider and she did not want the City to have to pay for maintenance of the fence and did not want the extra amenity to be on their maintenance list. She thought if they took the standard trail width with the notation to maintain a tree line. Mr. Berkowitz stated the cul-de-sac is very long and they do need a water main loop so the plan is to connect the water main into Prairie Road so if they take the combination of the water main and trail the area will need to be opened up and the trees will have to go anyways to get the waterline in there. Councilmember Knight asked if the fence would be consistent with other projects. Councilmember Howard indicated he would like to see this left wide open. Councilmember Trude reviewed possible changes to the resolution with City Attorney Baumgartner’s help. She thought an economical solution would be to do a split rail fence on the residents’ property, deed it to them and the City does a little planting to dress up the development. Regular Andover City Council Meeting Minutes – September 2, 2014 Page 8 Councilmember Trude thought they could plant some bushes along the trail where they could grow together as a natural barrier. Mayor Gamache liked the idea. Councilmember Bukkila indicated if they were to do that she would want it to be a variety because it looks really funny when one bush dies. The Council discussed with staff options for the trail and landscaping. Mr. Tony Hennen, TH Construction of Anoka, 617 E. Main Street, Anoka, reviewed with the Council house styles and designs. Mayor Gamache indicated the home designs are really nice. Councilmember Trude asked if the developer will be building on all of the lots. Mr. Hennen indicated he will be building all the homes. Councilmember Trude suggested adding a condition of approving the plans as shown and staff can approve modifications if they are similar. Mr. Hennen thought that would be a good idea. Councilmember Trude read an addition to the resolution regarding home styles and color elevations. Councilmember Trude thought there were more trees than what is actually on the design so she recommended adding more trees to the side of the homes. Mr. Hennen stated on lots 9, 10 and 11, more trees will be added. The only side that will not have trees is on the horse farm side of the development there are already trees all over the development and will be nice and secluded. Motion by Trude, Seconded by Knight, to approve resolution R064-14, approving the Preliminary Plat and Planned Unit Development standards of “Carson Ridge” with the following: Change Item 7 to read: The developer shall include landscaping along both sides of the trail, acceptable to City Staff. The Tree Preservation Plan must be revised to reflect the additional landscaping. Add Item 8: Color elevations of home styles that may be constructed are as shown in attached Exhibit B. Additional home styles and designs that coordinate with and are of similar quality to the approved elevations may be approved by City staff. Add Item 9: All trees shown on the Overall Tree and Landscaping Plan, attached as Exhibit C, will at a minimum be two-inch caliper DBH (diameter at breast height). Removal of trees not shown on the tree removal plan will be replaced on a one-for-one basis. Exhibit C will be renamed and updated to reflect and include the requirements of this resolution. Motion carried unanimously. Regular Andover City Council Meeting Minutes – September 2, 2014 Page 9 Mr. Hennen asked if the City would allow him to plant different types of trees within the development. Councilmember Trude thought he could plant any tree that is listed on the City preferred tree list, the Council concurred. CONSIDER THE PRELIMINARY PLAT OF WHITE PINE WILDERNESS 2ND ADDITION - L & K EMMERICH LLC Mr. Carlberg stated the City Council is asked to review the preliminary plat for White Pine Wilderness 2nd Addition. The plat contains 16-urban lots and 1-outlot as proposed by L&K Emmerich LLC. Mr. Carlberg reviewed the staff report with the Council. Councilmember Howard wondered if the water main that is to be constructed to the north would be done in the first phase of the project. Mr. Berkowitz stated that is the intent. There is concern that there is some risk if they put the water main in and it is in the wrong location and if the ghost plat changes to the north, the concern is how it will be handled. The way it is written in the resolution is that it will be constructed in this phase, if there is any potential in the future that it needs to be relocated it would be the burden of the City to move it and the costs would be covered by the City in the short term and the developer would reimburse the City the actual costs of construction at the time of development of outlot A. Councilmember Trude thought the access for the open space leads to a holding pond and they will have to skirt the parameter and she wondered if it will be private property. Mr. Carlberg reviewed the area where the open space is located. Councilmember Bukkila asked what they are doing to protect the perimeter of the open space. Mr. Carlberg stated there is a wetland boundary and there will not be any tree removal. All the area will be preserved behind the homes. He stated there are signs that have been installed showing where the open space starts and ends. Councilmember Trude thought it was a good decision regarding the park because the development has large yards where neighbors could meet. Motion by Knight, Seconded by Howard, to approve resolution R066-14, approving the preliminary plat subject to the conditions attached in the resolution. Motion carried unanimously. REVIEW/ADOPT 2015 PRELIMINARY TAX LEVY Mr. Dickinson stated each year the City Council is required by State Law to approve a preliminary budget and submit a Preliminary Levy Certification to Anoka County Property Records and Taxation Division by September 30th. Regular Andover City Council Meeting Minutes – September 2, 2014 Page 10 Mr. Dickinson reviewed the staff report with the Council. Motion by Bukkila, Seconded by Knight, to approve resolution R067-14, approving the adopting the City of Andover 2015 Proposed Property Tax Levy to be certified to the County Auditor. Motion carried unanimously. REVIEW/ADOPT 2015 DEBT SERVICE LEVY CHANGES Mr. Dickinson stated Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2015 that would have been certified to Anoka County as part of prior years’ bond sales. Mr. Dickinson reviewed the staff report with the Council. Motion by Knight, Seconded by Bukkila, to approve resolution R068-14, updating Certified Bonded Indebtedness for 2015. Motion carried unanimously. SET HEARING DATE(S) FOR 2015 BUDGET & LEVY DISCUSSION & PUBLIC COMMENT Mr. Dickinson stated the Truth in Taxation law, M.S. 275.065, requires cities to schedule a meeting at which the budget and levy will be discussed and public input will be allowed prior to the final budget and levy determination. This year that meeting must be scheduled between November 25th and December 29th and be held after 6:00 p.m. Motion by Trude, Seconded by Howard, to schedule a 2015 Budget and Levy Hearing for Tuesday, December 2, 2014 at 7:00 p.m. with continue, if required on December 16, 2014 at 7:00 p.m. and final adoption on December 16, 2014 at 7:00 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. MAYOR/COUNCIL INPUT (School Traffic) Mayor Gamache stated school started and he wondered how the right turn lane worked at Andover Boulevard and Crosstown Boulevard. Mr. Berkowitz stated he did not see it but heard there was a slight backup and also an accident at Crosstown Boulevard and Nightingale Street so they will be looking at the traffic control changes. They will also be looking at pedestrian flow. He believed over time it will improve. Regular Andover City Council Meeting Minutes – September 2, 2014 Page 11 (Fire Truck Purchase) Councilmember Trude updated the public on the new City fire truck. She appreciated former Fire Chief Winkel for coming out to see the fire truck because he was the one who began working on the planning for this. Councilmember Bukkila stated this took a lot of planning and saving over the years to make this a reality. Councilmember Howard was amazed at what the rig will do and how it will help with firefighting efforts. RECESS Mayor Gamache recessed the regular City Council meeting at 9:34 p.m. to a closed session of the City Council to discuss Property Negotiations/PID #11-32-24-31-0001. RECONVENE The City Council reconvened at 9:49 p.m. ADJOURNMENT Motion by Howard, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:50 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes – September 2, 2014 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – SEPTEMBER 2, 2014 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 RESIDENT FORUM.......................................................................................................................1 RECOGNITION OF JOHN PORTESAN, EAGLE SCOUT FOR THE TARGET POND DOCK PROJECT.................................................................................................................................... 1 PROCLAMATION – CONSTITUTION WEEK............................................................................2 PROCLAMATION – OCTOBER 2014 DOMESTIC VIOLENCE AWARENESS MONTH...... 2 AGENDA APPROVAL.................................................................................................................. 2 APPROVAL OF MINUTES........................................................................................................... 2 CONSENT ITEMS..........................................................................................................................2 Approve Payment of Claims........................................................................................................2 Declare Cost/Order Assessment Roll/14-2/2014 Street Reconstruction (See Resolution R060- 14) ....................................................................................................................................... 2 Approve Resolution/LRRWMO JPA (See Resolution R061-14)............................................... 2 Approve Contract for School Liaison/Anoka-Hennepin School District #11............................. 2 Accept Donation/12-31/Andover Football Association/Sports Complex/3535 – 161st Avenue NW (See Resolution R062-14)............................................................................................2 Approve Crosstown Boulevard Traffic Analysis Phase 2/City Project 12-37B..........................3 CONSIDER THE AMENDED CONDITIONAL USE PERMIT TO REVISE THE PLANNED UNIT DEVELOPMENT FOR ANDOVER CLOCKTOWER COMMONS CONTINUED (See Resolution R063-14)........................................................................................................... 3 CONSIDER THE PRELIMINARY PLAT FOR WINSLOW WOODS 2ND ADDITION – TONY EMMERICH CONSTRUCTION (See Resolution R065-14).....................................................4 CONSIDER REZONING OF 10.02 ACRES FROM R-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN – 14123 PRAIRIE ROAD NW – TH CONSTRUCTION OF ANOKA (See Ordinance 442).................................................................................................... 6 CONSIDER THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF CARSON RIDGE – TH CONSTRUCTION OF ANOKA (See Resolution R064-14)..............7 CONSIDER THE PRELIMINARY PLAT OF WHITE PINE WILDERNESS 2ND ADDITION - L & K EMMERICH LLC (See Resolution R066-14).................................................................9 ADMINISTRATOR’S REPORT.................................................................................................. 10 MAYOR/COUNCIL INPUT.........................................................................................................10 School Traffic............................................................................................................................ 10 Fire Truck Purchase................................................................................................................... 11 RECESS Closed Session/Property Negoiations/PID# 11-32-24-31-0001.................................... 11 RECONVENE............................................................................................................................... 11 ADJOURNMENT......................................................................................................................... 11