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HomeMy WebLinkAboutCC June 15, 2004 ~NDÒVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755·8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, June 15,2004 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum a. Round Lake Boulevard NW Access Concerns - Engineering b. Andover Lions Safety Camp Donation Presentation - Crime Prevention Specialist c. Andover Lions Fun Fest Donation Presentation d. Andover Lions Community Center Donation Presentation Agenda Approval 1. Approval of Minutes (5/18//04 Regular; 5/25/04 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Street, Drainage & Utility EasementsIV alley View Estates 2nd Addition - Engineering 4. Approve Resolution for Investment of City Funds - Finance 5. Approve Change Order # 1I02-46/Fire Station #3 - Engineering 6. Approve Change Order #2/02-46/Fire Station #3 - Engineering 7. Approve Temporary Drainage & Utility Easement/02-46/Fire Station #3 - Engineering 8. Approve 2004 Sewer Study/04-1 - Engineering 9. Approve Additional FundslVideo Inspection System - Public Works 10. Approve Preliminary PlatIRolling Oaks/I 7022 & 17052 Round Lake Boulevard NW - Planning 11. Approve Rezoning/R-I to R-4/1155 Crosstown Boulevard NW -Planning 12. Approve Amended Preliminary Plat/Sophie's Manor - Planning 13. Approve Lot Split/15952 Makah Street NW - Planning 14. Approve Tobacco License/Quick Stopll5825 - 7th Avenue NW - Clerk 15. Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest - Clerk 16. Request to Participate with Anoka County in Hazard Mitigation Planning - Fire 17. Approve Code AmendmentlDisabled Persons Reduced Sewer Rate - Clerk 18. Request to Solicit Quotes & Purchase Breathing Air Compressor for Station #2 - Fire Discussion Items 19. Public Hearing/2:00 am Bar Closing - Clerk 20. Public Hearing/Consider Resolution Modifying Development Dist. No. I and Tax Increment Financing Plan for TIF Dist. No. 1-4 - Finance/Planning 21, Receive Anoka County Sheriffs Department Monthly Report - Sheriff 22. Consider Ordinance Amendment/Planned Unit Developments - Planning 23. Consider Ordinance Amendment/Temporary Structures - Planning 24, Consider Ordinance Amendment/Lighting in Off-Street Parking Areas - Planning 25. Consider Conditional Use Permit/On Sale Liquor/13633 Martin Street NW - Planning 26. Consider Preliminary PlatlHanson Meadows/I 3309 Jay Street NW - Planning 27. Public HearinglVacation of Drainage & Utility Easement/13309 Jay Street NW - Planning 28. Consider Compo Plan Amendments/Collector Streets & Grade Separated Railroad Crossings - Planning Staff Item 29. Update on Federal Regulations Related to Train Whistles - Planning 30. Discuss Cell Tower Proposal- Planning 31. Schedule June Special EDA Board Meeting - Administration 32. Schedule Council Workshop - Miscellaneous Business Items - Administration 33. Discuss Vacation of Frontage Road Right-of-Way/Crooked Lake Boulevard NW - Engineering Mayor/Council Input Adjournment CUY'-U~ Î- 0- ö+ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 15, 2004 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .............................,......,..........................................,.......,.............1 RESIDENT FORUM.............,..........................................................................,......,.............."..1 ANDOVER LIONS SAFETY CAMP DONATION PRESENTATION ...................................2 ANDOVER LIONS FUN FEST DONATION PRESENTATION ............................................2 ANDOVER LIONS COMMUNITY CENTER DONATION PRESENTATION .....................2 AGENDA APPROV AL .......................,......,....,........,.....,....................................,.....................2 APPROVAL OF MINUTES.......................................................................................................3 CONSENT ITEMS Approve Payment of Claims.............................................,...................................................3 Approve Street, Drainage & Utility EasementsNalley View Estates 2nd Addition .............3 Resolution R093-04 approving Resolution for Investment of City Funds ...........................3 Resolution R094-04 approving Change Order #1/02-46/Fire Station #3 .............................3 Resolution R095-04 approving Change Order #2/02-46/Fire Station #3 ...........................3 Approve Temporary Drainage & Utility Easement/02-46/Fire Station #3 ...........................3 Approve 2004 Sewer Study/04-I...........,............................................,.................................3 Resolution R096-04 approving Preliminary PlatIRolling Oaks/I 7022 & 17052 Round Lake Boulevard NW .............,.....................,........,..........................................................3 Approve RezoningIR-I to R-4/II55 Crosstown Boulevard NW .........................................3 Resolution R097-04 approving Amended Preliminary Plat/Sophie's Manor,......................3 Approve Tobacco License/Quick Stop/15825-7th Avenue NW............................................3 Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest...........................3 Request to Participate with Anoka County in Hazard Mitigation Planning Res. R098-04 ..3 Request to Solicit Quotes & Purchase Breathing Air Compressor for Station #2................3 PUBLIC HEARING/2:00 AM BAR CLOSING Motion to Open Public Hearing......................................,......................................................3 Motion to Close Public Hearing .....,.....................,.............,....."................,..........................5 Motion to Approve Failed ............................................................,.......................................6 PUBLIC HEARING/CONSIDER RESOLUTION MODIFYING DEVELOPMENT DIST. NO.1 AND TAX INCREMENT FINANCING PLAN FOR TIF DIST NO 1-4.......6 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ....................."......................,...."......,.....................,..............,.....................,.......... 7 APPROVE ADDITIONAL FUNDSNIDEO INSPECTION SYSTEM Motion to Approve ................................................,....................................................,.......... 7 APPROVE LOT SPLIT/I5952 MAKAR STREETNW Motion to Approve Resolution R099-04 ...............................................................................8 APPROVE CODE AMENDMENT/DISABLED PERSONS REDUCED SEWER RATE Motion to Adopt Ordinance Amendment (Ordinance 291 & 292)........................................8 CONSIDER ORDINANCE AMENDMENT/PLANNED UNIT DEVELOPMENTS Motion to Postpone Ordinance Amendment .........................................................................9 CONSIDER ORDINANCE AMENDMENTffEMPORARY STRUCTURES.........................9 CONSIDER ORDINANCE AMENDMENT/LIGHTING IN OFF-STREET PARKING , , Regular Andover City Council Meeting Minutes - June 15, 2004 Table of Contents Pageii AREA Motion to Approve Ordinance Amendment (Ord. 293) ........................................................10 CONSIDER CONDITIONAL USE PERMIT/ON SALE LIQUOR/13633 MARTIN STREET NW Motion to Approve Resolution (RIOO-04) ............................................................................11 CONSIDER PRELIMINARY PLA TIHANSON MEADOWS/13309 JAY STREET NW Motion Failed..........................,...........,...........,................,.............,...........,...........................12 Motion to Prepare Resolution ofDenial,...........................................................:...................13 PUBLIC HEARINGN ACATION OF DRAINAGE & UTILITY EASEMENT/140m AVENUE NW Motion to Open Public Hearing.............................................................................................13 Motion to Close Public Hearing .................,............,..........,..........,.,..,..................................13 Motion to Approve Resolution (RIOI-04) ............................................................................13 CONSIDER COMPREHENSIVE PLAN AMENDMENTS/COLLECTOR STREETS & GRADE SEPARATED RAILROAD CROSSINGS .............................................................14 UPDATE ON FEDERAL REGULATIONS RELATED TO TRAIN WHISTLES...................15 DISCUSS CELL TOWER PROPOSAL ....................................................................................15 SCHEDULE JUNE SPECIAL EDA BOARD MEETING.........................................................I6 SCHEDULE COUNCIL WORKSHOP ................,..........................................,.........................16 DISCUSS VACATION OF FRONTAGE ROAD RlGHT-OF-W A Y/CROOKED LAKE BOULEVARD NW ....................................................................,...........................,..............16 MAYOR/COUNCIL INPUT Lunds Park N orth...................................................................................................................17 City Golf T ournament............................................................................................................17 Handicap Accessibility at City Hall.......................................................................................I7 Letter from School Principal to County .................................................................................17 ADJOURNMENT ...........................,.............................,.......................,..,............,....................17 - C I T Y o F NDOVE REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 15, 2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, Tuesday, June 15, 2004, at 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude CounciImember absent: None Also present: City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowilz City Finance Director/Acting City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Round Lake Boulevard NW Access Concerns -Interim City Administrator Dickinson eXplained at the May 18,2004 City Council meeting Mr. Mike Hostetler, Mr. Chris McClellan and Mr. Mike Olson voiced their concerns regarding access issues to their properties during the reconstruction of Round Lake Boulevard NW. Concerns raised were the tactics ~e Anoka County Sheriff's Department and Anoka County Highway Department have been using to pull people over and ticket them if they do not live adjacent to Round Lake Boulevard NW. Another concern is that the project is not following the requirements set by MnDOT Standard Specifications for Construction. After reviewing MnDOT's specifications, it is the discretion of the Engineer to allow local traffic through the project or to close the project to through traffic, although they must provide adequate access to properties at all times. Staff will continue to discuss concerns with the Anoka County Highway Department. The closure of Round Lake Boulevard NW during construction is to protect the safety of all involved. Mr. John Lawrence, 14516 Round Lake Boulevard, stated the construction is not the concern but it is the undesirable people who live outside of the area who do not have any regard to residents in the area of South Coon Creek and the closure of the north section. He requested they put another deputy Regular Andover City Council Meeting Minutes-June 15, 2004 Page 2 or two in the area or some speed bumps. The speeders have no regard for people backing out of their driveways and the residents have to be really careful. He stated the City and County will not do anything about this. Captain Jenkins stated the fIrst concern of the Sheriff's Department is the safety of the residents. He wanted to assure Mr. Lawrence that they are doing what they can to minimize the traffic and speeds in the area. They have scheduled two shifts per day to patrol that area. Mr. Lawrence asked what side of the road they travel on with the construction going on. Captain Jenkins stated regular road rules apply as far as yielding. Mr. Lawrence asked what the speed limit is on the road. Captain Jenkins stated the speed limit is 30 MPH but it depends on what the construction company deems necessary at the time. ANDOVER LIONS SAFETY CAMP DONATION PRESENTATION The Andover Lions Club presented the City and the Sheriff's and Fire Departments a check in the amount of$I,OOO. ANDOVER LIONS FUN FEST DONATION PRESENTATION The Andover Lions Club presented the City a check for the fIreworks display in the amount of $5,500. ANDOVER LIONS COMMUNITY CENTER DONATION PRESENTATION The Andover Lions Club presented the City a check for $2,500 for the Community Center. Councilmember Trude thanked the Lions Club for the donations. AGENDA APPROVAL Remove from Consent Items for discussion Item 9, (Approve Additional Funds/Video Inspection System), Item 13 (Approve Lot Split/I5952 Makah Street NW) and Item 17 (Approve Code AmendmentlDisabled Persons Reduced Sewer Rate). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 18, 2004, Regular Meeting: Correct as written. Regular Andover City Council Meeting Minutes - June 15, 2004 Page 3 May 25, 2004, Workshcp: Correct as written. Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above, Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Street, Drainage & Utility EasementsN alley View Estates 2nd Addition Item 4 Approve Resolution for Investment of City Funds (See Resolution R093-04) Item 5 Approve Change Order #1/02-46/Fire Station #3 (See Resolution R094-04) Item 6 Approve Change Order #2/02-46/Fire Station #3 (See Resolution R095-04) Item 7 Approve Temporary Drainage & Utility Easement/02-46/Fire Station #3 Item 8 Approve 2004 Sewer Study/04-I Item 10 Approve Preliminary PlatlRolling Oaks/I 7022 & 17052 Round Lake Boulevard NW (See Resolution R096-04) Item 11 Approve RezoningIR-1 to R-4/ll55 Crosstown Boulevard NW (Ord. No. 290) Item 12 Approve Amended Preliminary Plat/Sophie's Manor (Res. R097-04) Item 14 Approve Tobacco License/Quick Stop/l 5825 _7'h Avenue NW Item 15 Approve Temporary 3.2% Malt Liquor License/Andover LionslFun Fest Item 16 Request to Participate with Anoka County in Hazard Mitigation Planning (Res. R098-04) Item 18 Request to Solicit Quotes & Purchase Breathing Air Compressor for Station #2 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously, PUBLIC HEARINGI2:00 AM BAR CLOSING Interim City Administrator Dickinson explained a public hearing has been scheduled to consider allowing on-sale liquor establishments to be open until 2:00 p.m. Mr. Brad Povlitzki, Pov's Sports Bar, addressed the City Council on May 18,2004 to ask that Council again consider the 2:00 a.m. bar closing. Council requested that a public hearing be scheduled. The owners of the other on-sale establishments have been notified of the hearing. Mayor Gamache asked what the outcome of Anoka passing the 2:00 a.m, bar closing. Mr. Dickinson stated it has been voted on and passed the first reading; it still has to go through the second reading for approval. Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:25 p.m. Motion carried Regular Andover City Council Meeting Minutes - June 15, 2004 Page 4 unanimously. The gambling manager of the Andover Lions Club stated they would support the 2:00 a.m. closing time because it would allow them to sell more pull tabs. Mr. Brad Povlitzki stated he talked to the City Council at the last meeting requesting the 2:00 a.m. closing time and he explained that in 2003 he had seven thousand less employment hours than the year before. He stated the Governor, State and surrounding communities support this and it would limit the bar hopping. His employees are very well trained and he is not trying to get the time extended just to sell liquor; he has other activities at the bar and this is critical to his business. He stated that if this continues with the 1 :00 a.m. closing, he does not believe he will be in business much longer. Councilmember Orttel asked what Mr. Povlitzki would prefer for days to extend the close to 2:00 a.m. Mr. Povlitzki stated he would like to have his business open every day until 2:00 a.m, Councilmember Knight requested some fmancial information to see if the closing time is the factor in the loss of hours or the new businesses in the area. Mr. Povlitzki thought this was private information and preferred not to provide it unless necessary. Mr. Gerald Quicouta stated he has been handling Mr. Povlitzki's fmancial records since the beginning and Mr. Povlitzki has lost business because of the closing time differences and he has the financial information needed that they could give to the Council. Councilmember Trude thought it was a State Law to keep food receipts separate from everything else. City Attorney Hawkins stated it did not require this. Mr. Dickinson stated revenues other than liquor are one thing that is reviewed. He was not sure what the specific food breakdown is. Mr. Quicouta stated they have always followed the State Law and have broken down the food from liquor appropriately. Ms. Terry Brown stated she has worked for Pov's for eight years and the money she and the other employees make has dramatically declined. Ms. Danielle Dean stated she has worked at Pov' s for four and a half years and her income has also dramatically declined and hers is the on1y income coming in. She stated the people that work at the bar are extremely affected by the 2:00 a.m. closing. Mr. Povlitzki' s father stated that times are pretty tough at the bar right now and he did not know why the City Council did not want to change the Ordinance. He wondered if the City had something against his son and wanted his business out of Andover. He stated they did not want to get a lawyer involved in this and would like to get this approved without legal advice. Councilmember Trude asked if he was insinuating he would sue the City if they do not pass this. ~~ Regular Andover City Council Meeting Minutes - June 15, 2004 Page 5 Mayor Gamache stated he did not think that he was insinuating that. Mr. Scott Brown, resident, stated he used to frequent bars quite often and he would personally go to a bar that is open longer. He would rather stay in the area than travel elsewhere to meet mends but people do go to the bars that stay open longer and they do not want to go from bar to bar. Ms. Rebecca Winning stated she is a frequent patron of Po v's and she goes there for the televised sports activities, softball and the live entertainment. She would like the bar to be open to allow a fair playing ground because she has heard people talking and say they needed to get to another bar because it is open later. The exiting of customers means the loss of income. Mr. Mike Mapatka, Owner of Pine Castle Development stated he has worked for Mr. Povlitzki on and off for a couple of years and he has started to notice Mr. Povlitzki' s business affecting his business because he is not doing projects for Mr. Povlitzki because he cannot afford it. Mr. Mapatka stated he does all of his business in Andover because Mr. Povlitzki's business keeps him in the community. Ms. Jamie Alden stated she is from Coon Rapids and in full support of the 2:00 a.m. bar closing. She stated that in reality at 11 :00 p.m., the. bar is empty. People call to fmd out how late they are open but they do not come. All they are asking for is a yes. Mayor Gamache read a letter from Tanner's Steak House requesting to be open until 2:00 a.m. Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:56 p.m. Motion carried unanimously. Mayor Gamache asked staff about a charge that the City of Coon Rapids and Ramsey have charged over and above the charge to the State. Mr. Dickinson stated the State requirement is based on sales. Mayor Gamache asked how these Cities can do this. Mr. Dickinson stated he assumed this was a fee for work the cities have to do to extend the closing time. He stated that at this point, Andover has not recommended a fee. Mayor Gamache stated the reason he is supporting the 2:00 a.m. closing is because now two of the bar/restaurants in their City are requesting longer hours and because the surrounding communities are now at a 2:00 a.m, closing time. He also stated in their Ordinance, they have I :00 a.m. as the closing time instead of following what the State allows. He suggested they look at the Ordinance and change it to read they follow the State Statute. Mayor Gamache stated he looks at the surrounding communities and he understands what Tanner's is saying about people going to the next community where bars are open longer. He understood this would hurt them and he realizes how this would affect them and others in the community, Councilmember Trude stated she was looking at the Sheriff's report and saw the DUI arrests have - Regular Andover City Council Meeting Minutes - June 15, 2004 Page 6 risen since last year and she was concerned about this, She assumed most of the arrests were from people driving through their community or drinking in their community. Captain Jenkins slated he thought this was a combination of all. They have initiated the Safe and Sober Campaign and they have agencies allover Anoka County participating in DUI enforcement and the numbers include the whole northern tier of Anoka County and it represents a vast majority of that effort. Councilmember Trude asked if most of these occurred after midnight. Captain Jenkins stated this was probably true. Councilmember Orttel thought Mr. PovIitzki hit this on the head about the time changing has created problems. He thought Pov's was run well and there seemed to be a way that people were getting home other than driving because cars have been left there ovemight. He stated he drove by there on a Saturday and it was scary to see the few cars that were there on the busiest night for a bar. He thought this would be a major impact on the area they are trying to develop ifPov's closed and he did not think they would be able to get other restaurants or businesses in the area if they did not change the closing time. He was in favor of extending the closing time. Councilmember Knight stated at this point they did not know if the loss of business is more competition or whether it is attributed to the 2:00 a.m. closing time. He is not in favor of a later closing time but would like to see fmancial infoITDation. Mayor Gamache stated the two bars that are open past midnight in Andover are both requesting 2:00 a.m. closing times. Motion by Orttel, Seconded by Gamache, to direct staff to prepare an Ordinance Amendment reflecting the 2:00 a.m. bar closing. Motion failed 2 ayes, 3 nays (Jacobson, Knight and Trude). Councilmember Knight stated he would like to get frnancial infoITDation from Mr. Povlitzki before he makes a decision. Mr. Povlitzki stated he felt this was a personal attack against him. He asked the Council to reconsider this motion and approve the change because what they are doing by not passing this is forcing him to continue to lose money and he will eventually have to close the business. Councilmember Jacobson slated he is morally and personally against liquor and will never vote in favor of such a request. Mayor Gamache requested staff contact Tanner's to get any infoITDation they want to provide before the next meeting. PUBLIC HEARlNGICONSIDERRESOLUTlONMODlFYING DEVELOPMENT DIST. NO.1 AND TAX INCREMENT FINANCING PLAN FOR TIF DIST. NO. I-4 Community Development Director Neumeister explained the City has been discussing setting up a ~ Regular Andover City Council Meeting Minutes - June 15, 2004 Page 7 Tax Increment Financing District for the industrial zoned properties located north of 161 sl Avenue and east of Round Lake Boulevard. The process has begun and staff is hearing additional property owners in the area are interested in possibly being included. The City staff has decided to hold a meeting to determine the amount of interest in being included in the new Tax Increment Financing District from all the property owners in the area. RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County SherifI's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson asked in regard to the DWI arrests that are going up, do they list the time the arrests are made and do they normally occur after midnight. Captain Jenkins stated it is typically anywhere from 10:00 p.m. to 3 :00 a.m. but he could get an average if researched. Councilmember Knight asked if they put cars in the area of bars around closing time. Captain Jenkins stated typically they do not unless they have had complaints. Councilmember Trude commented on the use of the Community Service Officer for traffic control at Hanson and Andover Boulevard. She stated people have told her it really helps and they wish it could be longer. Captain Jenkins stated they are trying to provide traffic control and ease congestion. Captain Jenkins wanted to thank the community for their patience with all of the construction going on through Andover. City Engineer Berkowitz stated the County is looking at two closures this fall. Jefferson and Bunker Lake Boulevard is going to be more extensive than Bunker Lake Boulevard and Prairie Road. He stated they are looking at utilizing the closure at Jefferson when they do the traffic signal at Prairie Road and they are anticipating this taking a month to six weeks. The Jefferson intersection will take longer and different sections will be closed at different times. They are looking to start this in August or September. APPROVE ADDITIONAL FUNDSIVlDEO INSPECTION SYSTEM Interim City Administrator Dickinson explained in the 2004 Capital improvement Plan, the City Council approved the funds for purchasing televising equipment for the sanitary sewer department. Councilmember Trude stated she had this pulled because she is concerned about the State bidding law requirements and in this case staff said they did a couple of phone call quotes from a couple of local companies and the amount exceeds fifty thousand dollars and she wanted to make sure they were in compliance. Mr. Dickinson stated they talked with their City Auditors to make sure this ~ Regular Andover City Council Meeting Minutes - June 15, 2004 Page 8 would comply and they provided the exact same specifications to each one of these. They feel it meets the exemption of the State bidding code and his suggestion is if they have concerns, they approve it with review by the City Attorney and if the City Attorney does not concur, they will bring it back after sealed bids. Councilmember Trude stated she does not see any competition in this process. Mr. Dickinson stated at certain times there may on1y be one supplier or one provider within an area and it is not prudent to go out and seek bids. The State recognizes that and they also recognize that in very small commuÍ1ities where thèy are trying to keep dollars local, they do have some exemptions to do that. Motion by Orttel, Seconded by Trude, to approve the purchase of this televising equipment along with the additional service line camera and to have the City Attorney review this and to be brought back if there are any issues with the bidding requirements. Motion carried unanimously. APPROVE LOT SPLIT/I5952 MAKAH STREET NW Community Development Director Neumeister explained the property owners have submitted a request to split off the northern 2.4 acres of their land to make a residential lot. Councilmember Trude stated the reason she had this pulled was because the resolution needes modification to include "payment of park dedication and trail fee", Motion by Trude, Seconded by Orttel, to approve the lot split subject to the conditions of the Resolution with the amendment. Motion carried unanimously. (Res, R099-04) APPROVE CODE AMENDMENT/DISABLED PERSONS REDUCED SEWER RATE Interim City Administrator Dickinson stated at the present time City Code allows for a 50% discount on sanitary sewer user fees for low-income senior citizens. However, City Code allows for deferral of special assessments for senior citizens and disabled low-income persons. Councilmember Jacobson stated he did not have a problem with what they are trying to do but in a discussion with the City Attorney, they need to tie the Resolution to the Andover Annual Income Guidelines as determined by the City Council because the way it reads now, it does not tie to this, City Attorney Hawkins stated they could add to the sentence "sixty-two years of age or older or persons permanently disabled". This would tie it into the income guidelines and they are going to leave some of the language in on how to determine when someone is permanently disabled. Motion by Jacobson, seconded by Knight, to adopt the attached ordinance amendments with the addition of tying this to the Andover Annual Income Guidelines. Motion carried unanimously. - Regular Andover City Council Meeting Minutes - June 15, 2004 Page 9 (Ordinance No. 291 and Ordinance No. 292) CONSIDER ORDINANCE AMENDMENT/PLANNED UNIT DEVELOPMENTS Community Development Director Neumeister stated the City Planning staff have reviewed the Planned Unit Development ordinance and found that it is inadequate for use in reviewing new requests for a Planned Unit Development approval. Councilmember Trude stated generally they have had on1y townhome POO's in the City. This could allow the developer to come in and plat blocks and blocks and miles of property. Could they use discretion and say they do not want to see ~ 'â8:es in the City in a POO? Mr. Neumeister stated as far as allowing a larger POO that is up to the Council's discretion. The developer has to prove he meets the findings required. [UîWlllLtl Î~{ç-D'i Discussion ensued in regard to what could be done in the City by the developer if they approve the ordinance amendment. The Council decided this item needs to be discussed further at a work session. Motion by Jacobson, Seconded by Orttel, to postpone this item until the next work session. Motion carried unanimously. CONSIDER ORDINANCE AMENDMENTITEMPORARY STRUCTURES Community Development Director Neumeister explained on February 24, 2004, the City Council reviewed general information provided to them regarding "temporary structures". Council directed that the staff and Planning Commission review regulations for temporary structures. In reviewing what could be done to establish some type of performance criteria, staff thought that the standards for temporary buildings should include: Duration of how long they may stay on a given property; materials that they may be made of; lighting and landscaping and location where they may be placed on a site. In discussing this topic at the Planning Commission workshop on April 27, 2004, there was a great deal of discussion regarding allowing temporary structures subject to approval of a Conditional Use Permit (C.U.P,). The Planning Commission then held a public hearing on May 11, 2004 and recommended that temporary structures be allowed provided they are approved through the C.U.P. process. Councilmember Jacobson stated he brought the question of the defInition of a temporary structure because it could be something other than a building. When they look at this, they think of a building or trailer, Regular Andover City Council Meeting Minutes - June 15, 2004 Page 10 Councilmember Jacobson thought they should have some control over the structures that would be long lasting. He did not mind staff taking care of some of them. CoUIÌcilmember Trude stated she would like to have a time factor included in this. Councilmember Trude liked the Ordinance overall but she thought construction trailers needed their own letter because they would take longer than six months. Councilmember Orttel stated the on1y thing that they ever had an issue with was regarding greenhouses and he did not think it was appropriate to allow staff to make that decision. The City Council discussed portables, time limits and staff's approval of them. Mr. Neumeister stated the portables for the High School will all be new. Councilmember Jacobson stated he did not have a problem with staff approving some of this as long as it is a short term temporary type of thing. If it is a long term temporary, he thought the Council needs to look at it. The Council concluded staff could reword the Ordinance and bring it back to a future Council meeting. CONSIDER ORDINANCE AMENDMENTILIGHTING IN OFF-STREET PARKlNG AREA Community Development Director Neumeister stated City Code 12- I 4-1 0 D.8. requires parking lots to be illuminated a minimum of one footcandle as measured at ground level. With the intent of limiting light pollution, Staff is proposing to modifY the existing city code in accordance with recommendations from the Illuminating Engineering Society of North America (IESNA). Mr. Neumeister explained the Planning Commission discussed this item and the consensus was to adopt IESNA guidelines and require that all light fIxtures be "fully shielded" with a cutoff angle equal to or less than 90-degrees. The lighting ordinance regarding glare would remain unchanged, allowing a maximum of 0.4 footcandles as measured at the property line adjoining a residential land use. Additionally, there would be no limit on pole height. Mr. Neumeister noted the Planning Commission was most concerned with reducing the amount of glare. Motion by Ortte1, Seconded by Trude, to adopt the proposed amendment. (Ordinance No. 293) Councilmember Jacobson assumed this came from staff proposing to not apply the existing code. Was staff reacting to a number of complaints about lighting or how did this come about? Mr. -- Regular Andover City Council Meeting Minutes - June 15, 2004 Page 11 Neumeister stated his recollection was that it involved a large parking lot where a number of new light fixtures were going to be required and if they did not reduce and look at this, they would be putting in an excess number of light fixtures and later regretting it. Councilmember Jacobson asked if the residents were complaining about the lighting standards they have now. Councilmember Trude stated she has received complaints from residents. Mr, Neumeister stated this came about from the Community Center and lighting the parking lot. Mr. Dickinson stated they received a significant amount of input from the architect who suggested they lower the lighting levels. Councilmember Knight stated there are a couple of issues with this. One is the safety factor and the other is ifthere are light problems, they will have mischief problems with kids. Councilmember Jacobson asked if this were enacted, would all of the existing structures be grandfathered in. Mr. Neumeister thought in his opinion, they would be grandfathered in because technically they precede the Ordinance. Discussion ensued in regard to different lighting standards for different buildings and types of businesses and residences. Mayor Gamache asked how this would affect Walgreens and Target. Mr. Neumeister stated they would have to comply with this. The building permit has already been issued for Walgreen's but not for Target. They would go to Walgreen's and ask them to redo their lighting plan. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT/ON SALE LIQUORl13633 MARTIN STREET NW Community Development Director Neumeister stated the proposed bowling center would be located directly south of Tanner's Restaurant. A liquor license is a conditional use in the General Business Zoning District. If this use is approved for the subject property, the applicant will also need to obtain Council approval of a liquor license under the terms of City Code 13-1. Mr. Dan Dahlin showed a drawing of the proposed building. Motion by Knight, Seconded by Orttel, approve the proposed on-sale liquor conditional use permit based on the fmdings that this use is consistent with the surrounding area and the Andover Station Design Guidelines which designate the area as appropriate for entertainment use. Motion carried 4 ayes, 1 nay (Jacobson). (Res. RlOO-04) Regular Andover City Council Meeting Minutes - June 15, 2004 Page 12 CONSIDER PRELIMINARY PLATIHANSON MEADOWS/13309 JAY STREET NW Community Development Director Neumeister explained the Council is asked to review a preliminary plat with four urban residential lots located at the northeast comer of 133'd Avenue NW and Jay Street NW. The Planning Commission and Council previously reviewed this proposal as a sketch plan. Councilmember Jacobson asked how the house on the new lot that is being created would fit. Mr. Napier, Midwest Land Survey, showed on the map the placement of the houses. Staff discussed placement of the house with the Council. Mr. Napier stated they are trying to eliminate as many driveways they can on 133'd. Councilmember Jacobson asked if they looked north on Jay Street, the house lines up to Jay Street closer than the others. Mr. Neumeister stated it is a corner side yard and has a reduced setback. If it was given the same setback as the other houses, it would create a rear yard problem because their front would have to face Jay and there would be no back yard. This arrangement does give them a backyard to the north. This is not much different than other corner side yards in the City. Councilmember Orttel stated anything else that would happen on this would cut into the evergreens and he would rather see those stay to create privacy for the homes to the north. Discussion continued on the preliminary plat layout and the driveway layout. The City Council recessed at 9:45 p.m. The City Council reconvened at 9:50 p.m. Mayor Gamache stated the concern he has is l33'd and the type of street it is. They do not have access directly onto 133'd from the other homes in Andover. The other concern is there are a lot of nice trees to the back of property that buffers the homes to the north and having a road behind there would eliminate those trees. Motion by Orttel, Seconded by Gamache, to approve the Preliminary Plat as presented. Councilmember Knight stated he is troubled by the placement of the two homes. Councilmember Orttel stated he would want the driveways separated with an "L" shape. Councilmember Trude stated she is troubled with giving a variance for something that does not Regular Andover City Council Meeting Minutes - June 15, 2004 Page 13 meet policy. She would not vote in favor of this development because it does not fit. Motion failed 2 ayes, 3 nays (Jacobson, Knight and Trude). Councilmember Jacobson stated he is concerned with the safety of the residents leaving their driveways on 133'd. Councilmember Trude stated this development does not fit. She stated she would like to see the existing home maintained the way it is then it would need on1y two variances. Motion by Trude, seconded by iacobson, to have staff to prepare a resolution denying the Preliminary Plat and to bring it back to the next City Council meeting. Motion carried unanimously. PUBLIC HEARINGIVACATlON OF DRAINAGE & UTILITY EASEMENT/14o'h A VENUE NW Community Development Director Neumeister stated the City Council is asked to hold a public hearing to consider vacating an existing roadway easement on the above referenced property. Motion by Orttel, Seconded by Jacobson, to open the public hearing at 10:23 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Trude, Seconded by Jacobson, to close the public hearing at 10:24 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the proposed vacation of right-of-way. Motion carried unanimously. (Res. RIOI-04) CONSIDER COMPREHENSIVE PLAN AMENDMENTS/COLLECTOR STREETS & GRADE SEPARATED RAILROAD CROSSINGS Community Development Director Neumeister stated the City Council is asked to review the revised defInition for "Collector Streets" and the revised language about grade separated railroad crossings to be included in the proposed Comprehensive Plan Amendment. Councilmember Jacobson asked on the two thousand daily trips on collector streets because things change really quickly, what if you allow driveways on a street that you anticipate being less than two thousand but within a short time the volume increases past that point. You have driveways already permitted because you did not think traffic would be that heavy. Is there a Regular Andover City Council Meeting Minutes - June 15, 2004 Page 14 better way to handle this? Mr. Berkowitz stated the best way to look at a new development when it comes in is to look at their transportation plan. This is the best resource they have at this point to determine what the future ADT will be of that roadway because it would be difficult if a plat came in tomorrow to determine what would be out there in 2020. Councilmember Jacobson stated as a plat comes in and they put a collector street in, they do not anticipate the 2000 level being met so they allow driveways. But as other plats come in around it, are they going to have to restrict because they cannot restrict 2000 or will they plan this in advance and tell the developer who comes in next that they cannot do something. Mr. Berkowitz stated ifthey were to revise their transportation plan in ten years and they had different development areas come in and it shows a projection of an increase ftom originally 1500 ADT to 2500 ADT for a section, that would kick that into place that the new developments that would be attached to that roadway with the additional ADT would have to meet the revised requirements as they go through. The best planning tool they have is what they have at the time of plat. Mr. Neumeister stated they are using the 2020 figure 13 that tries to take into account future development and not just today's traffic count. The Council discussed future ADT levels on collector streets. Mayor Gamache asked what the Planning Commission wanted to do as far as Grade Separated Railroad Crossings because he thought they wanted to do all four but they have three listed. Mr. Neumeister stated Crosstown Boulevard hàs been taken off and staff fells Bunker should remain a grade separated roadway so that is why they on1y had three that staff recommended should be taken off, including Crosstown. Three of the four should be at grade. Mayor Gamache asked for a long term Comprehensive Plan, wouldn't it make sense to put the three in so they can protect the area around it to make sure they do not run into a situation they ran into with Sophie's. If they at least said in their Comp Plan that they may want to at some point in time, put in the different type of crossing. Wouldn't it make sense to keep it in. Mr. Berkowitz stated that would give them the option to take out right-of-way in the future for this. Mr. Holasek stated he thought they needed a grade separated crossing at Bunker Lake Boulevard and at Crosstown Boulevard. He did not know if the Council should be so quick to take the grade crossing off because if the need occurs, the funds seem to become available from someplace. Councilmember Trude stated she agreed on the railroad crossing. They were advised to keep some land around the tracks for future passenger light rail. She did not think they could have a vision for things if they keep putting a price tag on them. Mayor Gamache thought Bunker Lake Boulevard would be worthwhile to keep on. The City Council decided to move this item to the July work session for further discussion. Regular Andover City Council Meeting Minutes - June 15, 2004 Page 15 UPDATE ON FEDERAL REGULATIONS RELATED TO TRAIN WHISTLES Community Development Director Neumeister explained the Council requested a brief summary of the situation surrounding the current Train Whistle Ordinance and what might be done to mitigate the problem of train horns blowing in the City. Mr. Neumeister discussed his findings with the City Council. Mayor Gamache asked if these were the same type of crossings they have in Coon Rapids. Mr. Neumeister thought they were. DISCUSS CELL TOWER PROPOSAL Community Development Director Neumeister stated T-Mobile has approached staff to discuss construction of an antenna near the intersection of Crosstown Boulevard and Bunker Lake Boulevard to provide coverage in this immediate vicinity, The proposed antenna would resemble a street light with an extension up to 75 feet. There would also be equipment on the ground near the antenna. Councilmember Trude suggested the pole be put on the Fire Station roof or in the wetland, The Council asked if they would be receiving funds for allowing a cell tower in the City. Mr. Dickinson stated they are working on this in their discussions. SCHEDULE JUNE SPECIAL EDA BOARD MEETING Motion by Trude, Seconded by Knight, to schedule a special EDA Board meeting on Tuesday, June 29, 2004 at 6:00 p.m. Motion carried unanimously. SCHEDULE COUNCIL WORKSHOP Motion by Jacobson, Seconded by Trude, to schedu1e a regular City Council Workshop for Tuesday, June 29, 2004 at 7:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 15, 2004 Page 16 DISCUSS VACATION OF FRONTAGE ROAD RIGHT-OF-WAYICROOKED LAKE BOULEVARD NW City Engineer Berkowitz explained staff has been approached by residents on Crooked Lake Boulevard NW regarding vacating a service road right-of-way on the west side of Crooked Lake Boulevard NW from 135th Lane NW approximated 590 feet north. Motion by Orttel, Seconded by Trude, to vacate the Frontage Road Right-Of-Way on Crooked Lake Boulevard NW. Councilmember Jacobson asked if there were underground facilities in that right-of-way. Councilmember Orttel stated there are ten foot easements. Mr. Dickinson stated they would need to come back for a public hearing for this. Mr. Berkowitz stated they would request all of the benefiting properties pay for all ofthe fees associated with this. It was noted this needs to come back for a Public Hearing so the motion was not voted on. The Council was in consensus of vacating the Frontage Road Right-Of-Way on Crooked Lake Boulevard NW. .M4YORlCOUNClL INPUT (Lunds Park North) - Mayor Gamache stated he asked Mr. Haas to look at issues at Lunds North and Mr. Haas gave him a diagram of how they can take care of some of the issues at the ball field of having to park in the road. He stated this is not a good area and this is not in their plan because they would have to move the field back to put the parking lot in and they do not have the money for it. One of the things he asked Mr. Haas to do was go to the baseball association and ask them if there are other fields they can utilize and get away from using Lunds Park as much as they are for about a year to give them time to come up with ball fields somewhere else. Councilmember Trude stated this park is usually for small kids because the fields are so bad. (City Golf Tournament) - Mayor Gamache reminded everyone of the 2nd Annual Golf Tournament on June 30th at Greenhaven Golf Course. Mr. Neumeister stated it looks like they have the same nurnber of people as last year and they are looking for more businesses in Andover to join them. (Handicap Accessibility at City Hall) - Councilmember Jacobson stated the front door to the City building is not handicap accessible and he wondered if this was in the works to be corrected. Mr. Dickinson stated the building currently has a handicapped accessible plan and the current front; they are coming forward as part of the CIP plan next year to do a project for some City Hall remodeling Regular Andover City Council Meeting Minutes - June 15, 2004 Page 17 issues that are necessary. (Letter from School Principal to County) - Councilmember Jacobson stated the Mayor, Councilmember Trude and he were at the County for their Public Works Committee meeting and one thing that surprised him was they said there was a letter written by the principal at Oakview stating they had no objection to a frontage road. He understood the School Board had taken an opposite view from what was in the letter and it sounded as though the principal was prompted to write a letter. Mr. Dickinson stated he has a copy of the letter and he talked to the School District Representative as to what the official position of the school district is and they stand behind the letter they provided in March signed by Dr. Giroux. He read the letter to the CounciL The Council discussed the access issues around City Hall and what they need to do about them. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :44 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary