City Council

REGULAR ANDOVER CITY COUNCIL MEETING – APRIL 21, 2015 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, April 21, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Valerie Holthus and James Goodrich Councilmember absent: Sheri Bukkila 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 PROCLAMATION – ARBOR DAY Mayor Trude read the Arbor Day Proclamation. She requested that some of the City entrance signs should have the Tree City designation added. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Trude noted supplemental information for Item 16 (Consider Preliminary Plat of Andover Station North 5th Addition), Item 18 (Consider Country Oaks North 2nd Addition Residential Sketch Plan Review, and Item 19 (Consider an Interim Use Permit). Mr. Dickinson indicated the draft Planning and Zoning Commission minutes were added to those items. Mayor Trude asked for Item 19 that the previous mining permit be added along with the minutes of the previous Council discussion for this property. Motion by Knight, Seconded by Holthus, to approve the Agenda as amended above. Motion carried unanimously. Regular Andover City Council Meeting Minutes – April 21, 2015 Page 2 APPROVAL OF MINUTES March 24, 2015, Workshop Meeting: Correct as amended. Councilmember Holthus stated on page 3, line 18, “Mr. Dickinson summarized they need to work with the BNSF on the accelerating acceleration of the switch”. Motion by Holthus, Seconded by Goodrich, to approve the minutes as indicated above. Motion carried unanimously. April 7, 2015, Regular Meeting: Correct as amended. Mayor Trude requested a correction on page 4, line 39, “…she wondered if there has been an attempt by him Mr. Lashinski to pay her vet bills.” and she wanted to clarify on line 43 who she was talking about. “She stated they the Lashinski family paid over $7,000 in the vet bills”. Mayor Trude stated on page 6, to clarify, Mr. Grandell was talking about his dog being attacked and it should note “…including he saw Sophie come from around the family’s garage and charge his small dog.” Because he specifically referred to the dog that made the attack where some of the incidents that did not occur. City Attorney Baumgartner felt in that part of the minutes Mr. Grandell was referring to Sophie and he did not see the reference in there. There could be some language in the minutes if it is consistent with what is recorded to reference the fact that it was Sophie who did the attack on his dog. Councilmember Holthus requested a correction on page 5, line 37, she would like to insert the word “it” after the word with. “…a dog used to lived there that she played with it and she did not think a lot of it until their dog was attacked.” Motion by Holthus, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve No Parking Resolution/11-25/Bunker Lake Blvd. NW from Crane Street NW to Jefferson Street (See Resolution R037-15) Item 4 Award Bid/15-14/The Meadows of Round Lake Overlay (See Resolution R038- 15) Regular Andover City Council Meeting Minutes – April 21, 2015 Page 3 Item 5 Approve Outfield Fence/Rose Park/14-13 Item 6 Order Plans and Specs for Parking Lot Construction/Rose Park/14-13 (See Resolution R039-15) Item 7 Approve 2015 Code Enforcement Abatement Contract Item 8 Accept Drainage and Utility Easements – Country Oaks West Item 9 Accept Drainage and Utility Easements – 17271 and 17261 Partridge Street NW Item 10 Approve Extension of Liquor License/Beef O’Brady’s Item 11 Amend Fee Ordinance/Electrical Permit Fees (See Ordinance 447) Item 12 Approve Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of Assessments & Reduced Sanitary Sewer Rates (See Resolution R040-15) Motion by Goodrich, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT Commander Kevin Halweg from the Anoka County Sheriff’s Office presented the March 2015 monthly report to the City Council. PUBLIC HEARING/VACATION OF EASEMENTS/LOTS 1 AND 2, BLOCK 1, ANDOVER STATION NORTH 3RD ADDITION – 1730 AND 1750 139TH LANE NW Mr. Carlberg explained Griffen Property Holdings, LLC is seeking to vacate drainage and utility easements over, under, and across parts of Lots 1 and 2, Block 1, Andover Station North 3rd Addition – 1730 and 1750 139th Lane NW as depicted on the easement vacation exhibit. Motion by Knight, Seconded by Holthus, to open the public hearing at 7:24 p.m. Motion carried unanimously. No one wished to address the City Council. Motion by Holthus, Seconded by Goodrich, to close the public hearing at 7:25. p.m. Motion carried unanimously. Motion by Goodrich, Seconded by Knight, to approve resolution R041-15, the proposed vacation of easements. Motion carried unanimously. PUBLIC HEARING/VACATION OF EASEMENTS/OUTLOT B, PARKSIDE AT ANDOVER STATION – 1856 139TH AVENUE NW Mr. Carlberg stated the City of Andover on behalf of Povlitzki Holdings, LLC is seeking to vacate drainage and utility easements over, under, and across Outlot B, Parkside at Andover Station – 1856 139th Avenue NW as depicted on the easement vacation exhibit. Regular Andover City Council Meeting Minutes – April 21, 2015 Page 4 Mr. Carlberg reviewed the staff report with the Council. Motion by Knight, Seconded by Goodrich, to open the public hearing at 7:26 p.m. Motion carried unanimously. No one wished to address the City Council. Motion by Holthus, Seconded by Knight, to close the public hearing at 7:27 p.m. Motion carried unanimously. Motion by Holthus, Seconded by Knight, to approve resolution R042-15, the proposed vacation of easements. Motion carried unanimously. CONSIDER PRELIMINARY PLAT/ANDOVER STATION NORTH 5TH ADDITION Mr. Carlberg stated the proposed preliminary plat would re-subdivide two existing lots platted in 2008 as the Andover Station North 3rd Addition for the purposes of allowing an addition to the existing Foundation Hill Montessori School and the creation of a lot for future development. Mr. Carlberg reviewed the staff report with the Council. Councilmember Goodrich asked if the buyer is going to own both of the lots why is it necessary to move the lot line. Mr. Carlberg stated the addition, if left alone would straddle the lot line and they cannot allow this so they are shifting the lot line to allow the addition, meeting the setback requirements of a lot line. It creates another parcel for a future addition of another building. Motion by Goodrich, Seconded by Knight, to approve resolution R043-15, the proposed preliminary plat with the conditions listed in the resolution. Motion carried unanimously. APPROVE FINAL PLAT/ANDOVER STATION NORTH 5TH ADDITION Mr. Carlberg stated the City Council is asked to approve the final plat for Andover Station North 5th Addition. Mr. Carlberg reviewed the staff report with the City Council. Motion by Holthus, Seconded by Goodrich, to adopt resolution R044-15, approving the final plat with conditions. Motion carried unanimously. SKETCH PLAN KNOWN AS COUNTRY OAKS NORTH SECOND ADDITION, A SINGLE- FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED NORTH OF 161ST Regular Andover City Council Meeting Minutes – April 21, 2015 Page 5 AVENUE NW AND WINTERGREEN STREET NW Mr. Carlberg stated the City Council is asked to review a sketch plan for a 100 lot single family mixed urban and rural residential development known as Country Oaks North Second Addition requested by SW Investments LLC. Mr. Carlberg reviewed the staff report with the Council. Mayor Trude requested staff explain how far away sewer capacity is to this part of the City because she heard some of the Planning and Zoning Commissioners talk about this and this is a topic they were not well informed on so she would like it explained for the new Councilmembers. Mr. Berkowitz reviewed the sewer capacity available in this part of the City. Mr. Carlberg continued with the staff report review. Councilmember Knight asked if the access to the proposed park would also be the access to the open space. Mr. Carlberg stated it would be one of them. He stated this is the design from the developer’s perspective, noting an additional access on the northwest corner of the development. There would be an opportunity from this development to walk up to the open space. The Council consensus was to be able to get the road connection from the development west to Hanson Boulevard. Mayor Trude stated there was discussion at a workshop meeting that some Councilmembers and staff wanted a second connection between the new forty into the area owned by the City. She wondered if the Council still wants that second connection. Councilmember Holthus asked if the strip that includes the State Aid Road owned by the City is currently for open space. Mr. Carlberg indicated the developer will need a purchase agreement with the City for the purposes of bringing the road out to Hanson Boulevard. He stated in addition the developer has other properties along the proposed roadway locked up to provide the access to Hanson Boulevard. Councilmember Goodrich asked if the City has been in contact with the Met Council regarding a MUSA swap and are they in agreement with this swap. Mr. Carlberg stated staff have had some preliminary discussions with the Met Council and knowing that they are taking a 10.82 acre piece and swapping it for a 9.98 acre piece, they seem to be supportive of it. The City is not asking for more MUSA. Councilmember Goodrich asked if the slot between the green and blue areas depicted on the map will remain City owned and have they decided if there is going to be a park there or would the City take the dedicated funds. Mr. Carlberg stated that is yet to be determined. Mayor Trude thought they all knew they needed access to the open space and she wondered if Regular Andover City Council Meeting Minutes – April 21, 2015 Page 6 the Council felt two accesses were adequate and if there should be a parking area for the open space property. She did talk to the City Engineer to see if they could do some bump outs along the proposed State Aid roadway to provide on street parking. Councilmember Goodrich stated he thought the plans look great but one thing that concerns him is the access on the north side into the open space. He wondered if the residents would be irritated with on-street parking there. Mr. Carlberg stated if they experience a problem they can look at what can be done such as no parking areas. He stated there is another access where the community could enter the open space at and the second access is really only for pedestrian use of the development. Mayor Trude stated the developer is looking at tot lot equipment and they do have a playground two blocks from the development with a sidewalk all the way down so she wondered if the Council had any thoughts on that. Councilmember Holthus stated she would rather see this all remain open space without a park and playground equipment. Staff showed the Council the existing park and indicated it is approximately half a mile from the new development. Mayor Trude thought this was a common distance in the southern City developments. Mayor Trude showed photos of the area and what would be the entrance to the open space area. Mayor Trude asked if they really wanted to sell Mr. Wold all of the ten acres to get the road west or can they look at getting the road west as they need but do not build anymore homes than they have to and assess the road costs to the City for that section where there are the four large lots. As soon as they sell the extra five acre lots the forest will go away and it is really a high quality hardwood forest that the taxpayers own now. The small lots are perhaps enough to help pay for some of the road and connections. She stated she would like to have some things looked at to preserve most of the trees. Councilmember Holthus asked how many lots were lost or gained when the street change was made in the swap area. She wondered if any lots were added because those added lots may make up for what they would lose on 167th Avenue. Mr. Wold stated the lot swap is even; no lots were gained or lost. He stated the reason for the connection road through the City property was Council and staff preferred a road that connects. Mayor Trude asked if it would make or break his project to build homes in the area shown in green. Mr. Wold stated not necessarily. With one acre lots, the advantage is they still do get to utilize the natural resources that are there. The north 150 feet of trees along the open space will be utilized and the trees will remain. There will still be some trees saved and they will selectively grade those lots. He thought it was a great mix of homes in the development. The lots are a better value if the trees are preserved. Mayor Trude asked if he would consider some kind of conservation easement across the back of Regular Andover City Council Meeting Minutes – April 21, 2015 Page 7 the lots adjacent to the open space property to preserve the trees so people do not take down the trees in order to put up a shed or garage. She thought that would kind of diminish that concern. Mayor Trude asked if the City did not sell the green area to the developer and let them build the road on City land and the City kept the rest for open space, what would the City’s cost be to help contribute towards the road in that area. Mr. Dickinson stated the developer is proposing a concept where by putting some lots in there and generating some land sales, that creates some economics for them to help construct that road. If those lots are not there, the developers motivation for that area in there is diminished and they would be looking for some contribution from the City to help facilitate that road through there because there are fewer lots to help pay for that road. Mr. Dickinson stated they have not figured out how the road is going to get built or paid for yet. They would have to build the road publicly if it is going to be assessed. Mayor Trude stated the proposed homes in the blue area are a lot of density for a small area that the City is willing to sell in order to get a road connection. She stated the road is going into the City land to avoid the wetlands that the DNR wants to protect. They need the road but do not need the houses. If they accommodate allowing their code to allow one acres lots in the north half of the other development, which they have never done that for any other developer and if they do that in this area it is helping Mr. Wold do something because if they were to follow the code Mr. Wold would have half as many homes in the north area. There is a lot of value allowing Mr. Wold to develop twice the rural density. Mr. Carlberg stated that is part of the trade off on this whole transitional area they continued to have problems and concerns with and wanted to look at something different. Councilmember Goodrich stated he liked the sketch plan as it is with the homes along the roadway. He thought this was a good buffer for the open space area and they can talk about the setbacks. He thought if the homes were there the developer would be in a little better financial position to pay for the road to go through to Hanson Boulevard. Councilmember Holthus wondered how they can make some kind of a compromise because she likes the trees too and hears many complaints from residents about developers clear cutting new developments and she hated seeing the large trees go. She wondered if there is anything gained from the swap. She is also wondering if there is any way they could change the lot configuration a little bit in order to keep some of the homes and the heaviest wooded areas intact. Councilmember Knight thought the entire development went together so well. He thought the development would really fit in this area and he liked the entire design. Mayor Trude thought the developer could look at the setbacks of the homes along the roadway and if they will be doing custom grading they will have a lot of control over that because that brings value. Mr. Carlberg stated with one acre lots they have to think of the rural requirements. They are required to have a well and there are separation requirements from the septic areas. They are required to have two five thousand square foot designated septic areas for a primary and secondary drainfield. The developer can lay that out and staff can work with them on that. Unless there is some kind of conservation easement recorded, they cannot prevent a property Regular Andover City Council Meeting Minutes – April 21, 2015 Page 8 owner from removing trees or doing things on that property provided they meet all of the City requirements. Mr. Wold stated he liked the park in the development because they need to have something there with all of the kids that will be in the area. He thought there could be a shelter and a natural walking path going to the open space. They would like to see off street parking. He thought the forty acres of open space will really add to the project. Mayor Trude indicated she would have saved the four lots and had the taxpayers pay for that part of the road because people values trees that live in Andover but the Council likes the design. Councilmember Knight indicated the layout is a natural for that area. Mr. Wold stated they really want to build the park but did not think it needed to be extensive. They could have a shelter with a tot lot. He would propose to do the park much like the Country Oaks West development. Mr. Dickinson indicated that if the developer builds the park, credit would be provided to his park dedication requirement. INTERIM USE PERMIT FOR MINING AT PROPERTIES LOCATED AT THE SE CORNER OF ANDOVER BLVD NW AND BUTTERNUT STREET NW AS REQUESTED BY MR. MARK SMITH. Mr. Carlberg stated Mr. Mark Smith is proposing to borrow (mine) up to 57,500 cubic yards of materials from the properties he owns along Andover Boulevard and Butternut Street. City Code 12-16 requires an interim use permit for mining materials on a property. Mr. Carlberg reviewed the information with the Council. Mayor Trude asked Mr. Berkowitz to review with the Council where all of the mining will be coming from. Mr. Berkowitz indicated it is coming from the entire site. Mayor Trude indicated when she reviewed this earlier with Mr. Berkowitz it was noted that less of the mining would be coming from Ms. Mohlencamp’s area and more of it is coming from the south where there is a home that Mr. Smith owns. Mr. Berkowitz stated closer to the Mohlencamp’s house there is less mining being done but closer to the creek, south, there is more. It depends on the existing contours on how deep the mining is going. He stated it is very proportional over the entire site. Mayor Trude wondered when the mining is done, will the road area sit higher than the mined areas. Mr. Berkowitz stated it would not. He showed on the map the road elevation and stated it is set up nicely how they want to grade the area. Councilmember Knight asked if there will be any natural drainage when done. Mr. Berkowitz stated they are not changing the direction of the drainage flow, they are somewhat following the natural drainage pattern. He noted there will be a 4 to 1 slope and they are concentrating the sheet flow at a constant two percent directly from the north to the south and as they get closer to Regular Andover City Council Meeting Minutes – April 21, 2015 Page 9 the 4 to 1 slope it angles towards the property line but it does not change much from the existing drainage pattern that exists now. Councilmember Knight asked when the mining is all done will Mr. Smith seed the area. Mr. Berkowitz indicated it will be seeded with a standard seed and disc anchor the mulch. What is being proposed on the slopes is to put fiber blankets on them to prevent the erosion. Mayor Trude stated the last time they approved mining for this area, the resolution had the limit and it indicated the mining should only occur in the areas approved on the site plan and any modifications had to go through staff. She wondered if they only mined what they said they actually would. Mr. Berkowitz stated they actually mined less material but it was all within the area that was originally identified. Mayor Trude stated there was a requirement in the resolution that stated the City would receive an AutoCAD as-built plan and digital information submitted to the City showing compliance with the permit at the completion of mining and restoration of the site and wondered if the City received one. Mr. Berkowitz stated they have not received that but that would be in the works. Now that they are going through the change process, it did not make sense to put that together until they finish this and then there will be a full AutoCAD version provided to the City. Mayor Trude asked if they should keep that provision in the IUP. Mr. Berkowitz indicated they should. Mayor Trude stated after watching the public hearing and something the public went through, she wondered if they could have some sort of staging so that the grading that happens by Ms. Mohlencamp’s home and Ms. Elin’s home, that area gets done and seeded and then Mr. Smith works elsewhere. Mr. Berkowitz indicated Mr. Smith is very amenable to that request. Mr. Berkowitz stated the best time to seed and to provide for the seed to grow is typically towards the middle of August but seed could be put down before that to keep the sand down and dust from blowing. He anticipated working with the applicant on looking at an excavation to start and seeding the area by the Mohlencamp’s property first to promote the grass to grow by fall. Mayor Trude asked it would be reasonable to having the seeding covered by the cash escrow. Mr. Berkowitz stated typically an escrow is taken through the permitting requirements, through the Coon Creek Watershed District; his MPDS Permit, which is also important; and a City requirement, a stipulation in the resolution that this will be staged, and that he will follow up with seeding after the first stage is done, all that should be adequate. Mayor Trude showed photos of the potential mining area with a house on it along Butternut Street and she wondered if the house would be removed. Mr. Smith stated he owned the home and did not plan on moving the home at this time and the house removal will be the last part of the grading area they mine. The majority of the dirt is on the east side of Butternut Street. He planned on keeping the house there until the last part of the grading is done. Mayor Trude wanted to make sure the renter is protected. She thought staff needed to make sure to look at how the silt fence is done. Regular Andover City Council Meeting Minutes – April 21, 2015 Page 10 Mayor Trude indicated she is concerned about the people who live here and she is worried that Mr. Smith will not get to mining near their property until the dust is blowing and they might have another bad winter. She wondered if Mr. Smith is concerned for them. Mr. Smith stated they are concerned for the neighbors and last year when they got in there, it was only about a three to four week period they were in there. When they were done they replaced the top soil and seeded the area and mulched it but there was a dry spell and the seed did not take real well. He stated if they get going on this right away they can seed in June before it gets really hot. Mayor Trude showed additional photos of the area. Ms. Karmen Mohlencamp, 140 Andover Boulevard stated her property is located directly west of where Mr. Smith wants to remove the soil. She stated according to the sketch plans attached to the notice of the public hearing there will be a silt fence on the property line. When this fence is being installed her concerns are no machinery to install this fence will be on her property. No debris from installing this fence will be on her property and there will be no damage to her property. She stated she is asking for these regulations because she has had problems before. She also wondered if it would be possible to have a silt fence higher than what is usually installed. Something around four feet tall to keep the debris and dirt out of her yard. Ms. Mohlencamp stated she did not want to go through what she went through last fall where she had to call the Sheriff’s Department when a contractor started up his diesel engine truck at 6:30 a.m. She indicated the Sheriff’s Department handled the problem. She stated she did go to the City with photos of her yard when it was full of debris from the removing and chipping of the tree logs. The City was helpful. Mayor Trude wondered if phasing the project would work well for Ms. Mohlencamp. She indicated they could have Mr. Smith work on the area by her home first and then seed it. She stated Mr. Smith would like to keep working where he left off and leave Ms. Mohlencamp alone as long as possible and then when he gets to her area to get it done and seeded as soon as he can. Mayor Trude is not sure if a taller fence is available or if Mr. Smith could make something taller. Mr. Berkowitz stated he has never seen a silt fence four feet high and did not know if they even made it. He stated a standard silt fence should handle the soil unless it has erosion up to it, then it fills up. The requirement of the applicant or any developer is if the silt fence does fill up more than half of it they need to pull that dirt away. Mayor Trude thought not having work done on a Saturday would help a lot with the early morning noise. Ms. Arlene Elin, 137 Andover Boulevard, stated she wrote the letters representing her neighbors and herself. She showed on the map where their homes are located at. She stated their goal is to not cause any financial bourdon to Mr. Smith but they also do not want to cause anymore financial burden on themselves. She stated the area that has not been removed is a delay to the Regular Andover City Council Meeting Minutes – April 21, 2015 Page 11 neighborhood and it keeps getting delayed. They want this development and are not trying to prevent anything from occurring. She stated all of the trees were clear cut which would have been a nice wind buffer for them during the mining. She stated in the summer wind comes from the south which is where the dirt is being pulled and there is no blocking the dirt. The dirt is coming in the windows and doors of their homes. Ms. Elin reviewed the City Code and indicated she paid to have her house cleaned and they have told her she needs to hire cleaners that can scrub the house to get the dirt out of the siding because it is embedded in it. She did not feel that cost should be hers or any of her neighbors. She asked that Mr. Smith contribute some money to getting their homes cleaned. She stated this is an old neighborhood and are not stopping the developing but they do not want this mining to become a hardship for them. Ms. Elin stated the third ordinance states “will not have a negative effect on the values of the properties”, several of her neighbors want to sell and the mining does affect their properties. He needs to get the work done, get the mining done and fix the area. She stated this is not supposed to be an eyesore but it is. She stated this mining is costing the neighbors money by having to have their homes cleaned. The neighborhood is asking that money be put aside so when the hauling is done they can clean their homes. Mayor Trude asked Ms. Elin if she talked to Mr. Smith outside of the public hearings to try to get the issues resolved. Ms. Elin indicated she did not and was told by the Planning and Zoning Commission to talk to the City and they would handle it. She indicated she did not want to be put into a financial hardship anymore to go out and incur more costs. Mayor Trude indicated she was trying to figure out how the City can help with this issue because it is a private property claim. Mr. Carlberg indicated the direction of the Chair during the Planning and Zoning Commission meeting was for Ms. Elin to direct her comments to the Planning and Zoning Commission and not to Mr. Smith during the public hearing but complaints related to dust should be coming to the City to address. Mayor Trude is not sure what the City can do to help with the cleaning issue and if they can include anything in the agreement for that. Ms. Elin stated the view is ugly if driving by and the values of their properties have dropped because of this. Mayor Trude asked Ms. Elin if she felt the phase in was workable. Ms. Elin was not sure but if they are going to clean out stuff in the front or side and then move to the back, the dirt is going to blow. She thought phasing might work. Ms. Shirley Beam, 121 Andover Boulevard, agreed with Ms. Elin regarding the sand and dirt removal across the street. They initially understood the developer would be responsible for controlling the dust by watering the area. The only thing they saw was a street sweeper which Regular Andover City Council Meeting Minutes – April 21, 2015 Page 12 only compounded the problem by stirring up more dirt. The wind across dry sand created a dirt storm which affected their new siding, windows and screens. It was a little depressing because they spent a lot of money refurbishing the outside of their house. Ms. Beam stated after the soil removal is complete will they be assured the area is level and seeded to look as good as the area to the right of the Prairie Road entrance. They would like to have that same effect across the street from them. She stated the constant noise of belly dumpers has gotten to be extremely annoying. Out of respect for the neighborhood she felt the developer should be held financially responsible for rectifying the damages done to their property. Mayor Trude asked Ms. Beam to list the specific damages to her property. Ms. Beam stated they would like to see some type of dust control and cleanup of the outside of their home. Mayor Trude stated she had a hard time understanding what the City could do to enforce the developer, Mr. Smith, to clean up the homes or reimburse the residents to clean up the dust and dirt from their homes. She wondered if there was a way to add some kind of requirement, maybe an escrow, for this type of property damage. City Attorney Baumgartner stated this is a unique situation. He stated he is not trying to diminish what the residents are going through. He stated we all at times suffer through inconvenience of progress. Road construction is a classic example and they are all inconvenienced by it. They all know that hopefully by going through the inconvenience they will end up with a better product at the end of it that they can all enjoy and he hoped this is where this project is leading to. He asked if anyone has checked what the cost would be for the cleaning of the outside of the house. Ms. Elin indicated to clean the outside, power wash, it is $250 but she needs to have her home scrubbed down which she has not priced. Mr. Carlberg thought the question for legal counsel is can the City play a role in this related to escrows when it is between the applicant and the residents to the north. He thought they were getting involved in a civil issue. City Attorney Baumgartner stated in looking at Section 12-14- 12D, Standards number 5 and what that talks about is the interim use approval can be subjected to by agreement with the owner any conditions the City Council deems appropriate. It would have to be with the agreement of Mr. Smith in this case. He was trying to find a happy medium in this and he did not think they should escrow over Mr. Smith’s objection to try and deal with this. He agreed with Mr. Carlberg that a good source of the problem is coming from the other development but there may be other sources where the dirt may be coming from also. He thought it was appropriate to have a discussion with Mr. Smith about the possibility of looking at something to assist. The Code allows for that but does not allow them to enforce over an objection. It is a possibility some middle ground can be reached. Councilmember Knight asked if there is something they could do in the process of the loading and hauling, to minimize what is happening. City Attorney Baumgartner stated he is not familiar with how the construction process works but he thought it made sense that if the project is phased it would help rather than tearing up everything all at once. Councilmember Knight Regular Andover City Council Meeting Minutes – April 21, 2015 Page 13 wondered if there is some method that could be changed on how this is done. Mr. Berkowitz stated they have a couple of things in place and a requirement to control the dust. One thing is they require calcium chloride to be placed on Butternut Street when they haul out, which is a big deal because that road will get very dusty the more you haul. Calcium or Magnesium Chloride controls the dust very well within that road. Mayor Trude did not think any of the dust was coming from the road, she thought it was coming from the buckets filling the trucks. Mr. Berkowitz indicated to control that would be very difficult. Mr. Berkowitz stated regarding comments made about inspection. They did an inspection on the site when it was done and the way the area was seeded, it was completely blanketed. He stated what happened between the time it was seeded and not enough rain and not enough vegetation establishment to what it looks like today is not what they saw when they went out to inspect it. Maybe with the phasing the City could go out every few weeks to inspect the areas and make sure everything is germinating. He thought if the developer seeded along the way and not wait until the end, the seed might grow better and fill in. They could set up an agreement that every two weeks an area would be done, seeded and move on to the next area. Mayor Trude thought by limiting the time period, trying to do some phasing will help. She thought if Mr. Smith could work with the neighbors on the power washing it will make for a neighborhood that is willing to tolerate this until it is done. Mayor Trude stated she had a couple of conditions she would like to add to the resolution. She thought their last CUP had a couple good conditions and she would like to add those to the current IUP. She indicated items 8 and 9 from the CUP should be added with corrected numbers in them. She also thought they needed to add a condition that mining is only allowed to provide fill for projects at Hickory Meadows and Catcher’s Creek in Andover. Mayor Trude stated there were a couple of things in the resolution that needed to be changed. The “hours for hauling” needed to be changed to the “hours for operation”, so the trucks do not start up until 7:30 a.m. or later. She also agreed with the Planning and Zoning Commission on no Saturday hours because it is harder for law enforcement and staff to deal with it. Mayor Trude stated they also had the phase in and she wondered how they would word it. She thought it may read “Grading shall be phased and each phase that is completed will be restored with vegetative cover immediately”. Mr. Dickinson thought it could say “The grading will be phased and appropriate erosion control immediately upon ceasing operations.” He thought they needed to determine what ceasing of operations is. He thought maybe a discontinuance of a week. Mr. Berkowitz stated there is a possibility Mr. Smith could haul for five straight weeks, so do they tell Mr. Smith to get an area done and get it seeded as the operation continues to move they continue to be right behind with the seeding group. He stated in order to get the vegetation going and established at a reasonable time of the year is crucial. If they wait six to eight weeks and are Regular Andover City Council Meeting Minutes – April 21, 2015 Page 14 at the end of June when it starts getting hot they will see a nice seeded area with straw fiber but later it will be barren ground. Mayor Trude thought they had really good discussion for the record and she thought Mr. Dickinson’s statement and Mr. Berkowitz’s supplement of understanding, they have to look at the climate and not wait. She thought they were all on the same page with trying to work with one another. Mr. Smith stated in regard to house cleaning for the people on the list, Mohlencamp, Elin, Beam, Meier and Walker-Wallis, he is willing to give each of them $250 to use to clean their homes. Ms. Elin disagreed and indicated she did not know what the additional costs will come to and she already paid out money. Mr. Dickinson thought the developer was trying to make a good faith effort to be able to work with the neighborhood. He stated development occurs throughout the City and in this area maybe it is a little bit more than others and this is something that is not normally seen where a developer is stepping forward to provide something to assist a neighborhood. He thought that was a pretty good faith effort. He thought there may be more costs associated with some residents and less costs with others but he thought this was providing something. Mr. Smith stated there has always been a trucking operation on Andover Boulevard and he cannot take full responsibility for the dust and dirt flying everywhere. He stated this is a lot of dirt within a three or four week period and then they will be out of there; but the Meister operation hauls all of the time down Andover Boulevard. Mayor Trude thought this was a good faith offer and she thought if the residents could get the windows done as well, they would be happy. She wondered if Mr. Smith could contribute a hundred more for that. Mr. Dickinson indicated that was up to the developer. Mr. Dickinson reiterated that he felt Mr. Smith was making a good faith effort and he could refer the applicant and residents to a good mediator to work through the issues if it could not be resolved. Mayor Trude wondered if they should shut this project down at the end of the year and have Mr. Smith come back for another approval next year. She wondered if this was a costly process to go through. Mr. Carlberg stated it was the same procedure as for a CUP. He stated what is desired is to have the Council approve this with the phasing and not have Mr. Smith come back and reapply for another IUP. He thought the phasing addressed that. Councilmember Goodrich stated he is ok with the two year period. Motion by Knight, Seconded by Holthus, to approve resolution R045-15, the interim use permit adding items 8 and 9 from the CUP, changing the numbers to the corrected amounts. Also changing “hours of hauling” to “hours of operation”. Add the following condition “The grading shall be performed in phases whereby an identifiable area approved by the City shall be graded within an agreed upon time followed by appropriate and approved erosion control within two Regular Andover City Council Meeting Minutes – April 21, 2015 Page 15 weeks of completion of the graded phase.” Councilmember Holthus strongly suggested that some arrangement happen between the Mr. Smith, and the residents. Motion carried unanimously. SCHEDULE JOINT MEETING WITH PARK AND RECREATION COMMISSION Mr. Carlberg stated the City Council is requested to schedule a joint meeting with Park and Recreation Commission. Mayor Trude, noting Councilmember Bukkila’s absence asked if this item should be tabled until all Councilmembers are available to discuss. Motion by Holthus, Seconded by Knight, to table this item to the next City Council meeting. 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 (League of MN Cities Mayors Conference) Mayor Trude stated she is going to attend the League of Minnesota Cities Mayor Conference in White Bear Lake on Friday and Saturday and they are going to talk about the issue of water resources, civility at meetings and goal setting. (Sketch Plans) Mayor Trude heard they had more sketch plans coming through this summer. Mr. Carlberg stated the big sketch plan was shown at this meeting but they have a senior housing project coming through in the Arbor Oaks area as a formal submittal. (No Parking Woodland Estates) Mayor Trude stated she is getting some emails from people regarding the parking in Woodland Estates. They are concerned about the high school parking and would like to extend the no parking area. She asked what staff is hearing. Mr. Berkowitz stated they sent out letters to get feedback and find out where there are issues. They knew that Raven Street was going to remain no parking and they knew there was going to be some segment on 149th Avenue that would have to remain no parking, where it extends is the feedback they are looking for. Mayor Trude indicated she would forward the emails she has received. (Restaurant Change) Mayor Trude stated one of the restaurants in the City is changing owners. Mr. Dickinson stated it was his understanding that Tanners Station would be closing down this week and there will be a new ownership with remodeling and changing to Willy McCoy’s. They Regular Andover City Council Meeting Minutes – April 21, 2015 Page 16 have a goal to be open in the July/August timeframe. (Congratulations) Councilmember Knight congratulated the Finance Department on a great audit report. Mayor Trude wanted to thank the Planning and Zoning Commission for helping the Council be prepared for the mining operation item. She felt the entire Planning and Zoning Commission was engaged and brought up helpful material. ADJOURNMENT Motion by Knight, Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting adjourned at 9:52 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes – April 21, 2015 Page 17 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – APRIL 21, 2015 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 PROCLAMATION – ARBOR DAY.............................................................................................. 1 RESIDENT FORUM.......................................................................................................................1 AGENDA APPROVAL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 2 CONSENT ITEMS..........................................................................................................................2 Approve Payment of Claims........................................................................................................2 Approve No Parking Resolution/11-25/Bunker Lake Blvd. NW from Crane Street NW to Jefferson Street (R037-15)...................................................................................................2 Award Bid/15-14/The Meadows of Round Lake Overlay (R038-15).........................................2 Approve Outfield Fence/Rose Park/14-13...................................................................................3 Order Plans and Specs for Parking Lot Construction/Rose Park/14-13 (R039-15).................... 3 Approve 2015 Code Enforcement Abatement Contract.............................................................. 3 Accept Drainage and Utility Easements – Country Oaks West.................................................. 3 Accept Drainage and Utility Easements – 17271 and 17261 Partridge Street NW.....................3 Approve Extension of Liquor License/Beef O’Brady’s.............................................................. 3 Amend Fee Ordinance/Electrical Permit Fees (Ordinance 447)................................................. 3 Approve Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of Assessments & Reduced Sanitary Sewer Rates (R040-15).........................3 ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT.................................................3 PUBLIC HEARING/VACATION OF EASEMENTS/1730 AND 1750 139TH LANE NW- GRIFFEN PROPERTY HOLDINGS, LLC (R041-15).............................................................. 3 PUBLIC HEARING/VACATION OF EASEMENTS/OUTLOT B, PARKSIDE AT ANDOVER STATION – CITY OF ANDOVER (R042-15).......................................................................... 3 CONSIDER PRELIMINARY PLAT/ANDOVER STATION NORTH 5TH ADDITION- GRIFFEN PROPERTY HOLDINGS, LLC (R043-15).............................................................. 4 CONSIDER FINAL PLAT/ANDOVER STATION NORTH 5TH ADDITION-GRIFFEN PROPERTY HOLDINGS, LLC (044-15).................................................................................. 4 CONSIDER COUNTRY OAKS NORTH 2ND ADDITION RESIDENTIAL SKETCH PLAN REVIEW..................................................................................................................................... 5 CONSIDER AN INTERIM USE PERMIT-MINING-BUTTERNUT STREET NW (R045-15).. 8 SCHEDULE JOINT MEETING WITH PARK AND RECREATION COMMISSION Tabled..15 ADMINISTRATOR’S REPORT.................................................................................................. 15 MAYOR/COUNCIL INPUT.........................................................................................................16 League of MN Cities Mayors Conference.....................................................................................16 Sketch Plans...................................................................................................................................16 No Parking Woodland Estates....................................................................................................... 16 Restaurant Change......................................................................................................................... 16 Congratulations..............................................................................................................................16 ADJOURNMENT......................................................................................................................... 16