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HomeMy WebLinkAboutCC October 5, 2004 ~NDÒVË~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755·5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Agenda Regular City Council Meeting - Tuesday, October 5, 2004 Call to Order - Following EDA Meeting Scheduled for 6:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/7/04 Regular; 9/21/04 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Receive Assessment Roll/Order Assessment Hearing/04-2/2004 Overlays - Engineering 4. Declare Costs/Order Assessment Roll/02-45/Constance Corners - Engineering 5. Waive Public Hearing/Adopt Assessment RoIV02-42/1508 -148th Lane NW/SS -Engineering 6, Waive Public Hearing/Adopt Assessment Roll/02-46/New Fire Station #3/SS & WM - Engineering 7. Waive Public Hearing/Adopt Assessment RoIV03-16/16060 Crosstown Blvd. NW/SS & WM - Engineering 8. Waive Public Hearing/Adopt Assessment RolV03-18/16150 Crosstown Blvd. NW/SS - Engineering 9. Waive Public Hearing/Adopt Assessment Roll/03-36/16150 Crosstown Blvd. NW /WM - Engineering 10. Waive Public Hearing/Adopt Assessment RoIV03-37/Donohue Creekside Addition/SS & WM- Engineering 11. Waive Public Hearing/Adopt Assessment RolV03-38/14545 Round Lake Boulevard NW/SS- Engineering 12. Waive Public Hearing/Adopt Assessment Roll/04-42/13818 Crosstown Drive NW /WM - Engineering 13. Accept DNR MnReleaf Grant/04-39/0ak Wilt Suppression Program - Engineering 14. Approve Private Kennel License - Clerk 15. Approve Final PlatlWhispering Acre - Planning 16. Approve Final PlatIMiller's Woods - Planning 17. Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2004 Delinquent Utility Service Charges - Finance 18, Reimbursement Resolution/Andover Station North - Finance 19, Accept Petition/Order Feasibility Report/04-45/Andover Station North Residential Development (I 39th Avenue NW) - Engineering Discussion Items 20. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 21. Accept Contribution/Northern Natural Gas/03-IIPrairie Knoll Park - Engineering 22. List of Parks for Tobacco Free Signage - Engineering 23. Consider Code Amendment/Liquor License Distance Requirement - Administration/Clerk Staff Items 24. Reschedule November 2. 2004 Council Meeting - Clerk 25. Schedule Canvass Results/General Election - Clerk 26. Schedule City Council Workshop-Miscellaneous Business Items - Administration 27, Schedule EDA Meeting 28. Administrator Report - Administration Mayor/Council Input Adjournment c e!-~ û.A-' L~n /D-¡0--ay Regular Andover City Council Meeting Minutes - October 5, 2004 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 5, 2004 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE ..........................,....................,.........................................,...........1 RESIDENT FORUM..........................................................,.......................................................1 AGENDA APPROV AL ......,.............................,............,..,.................................................,......1 APPROVAL OF MlNUTES...............................,..................................................................,....1 CONSENT ITEMS Approve Payment of Claims .................................................................................................2 Resolution R16l-04 declaring Costs/Order Assessment RolV02-45/Constance Corners ....2 Resolution R162-04 waiving Public Hearing/Adopt Assessment RoIV02-42/l508 -I 48th Lane NW /SS ..........,........................................................................................,................2 Resolution RI63-04 waiving Public Hearing/Adopt Assessment RolV02-46/New Fire Station #3/SS & WM .......................................................................................................2 Resolution R164-04 waiving Public Hearing/Adopt Assessment RolV03-l6/l6060 Crosstown Boulevard NW/SS & WM.............................................................................2 Resolution RI65-04 waiving Public Hearing/Adopt Assessment RoIV03-I8/16I50 Crosstown Boulevard NW/SS .......,.................................................................................2 Resolution RI66-04 waiving Public Hearing/Adopt Assessment RolV03-36/l6150 Crosstown Boulevard NWIWM ......................................................................................2 Resolution RI67-04 waiving Public Hearing/Adopt Assessment RolV03-37/Donohue Creekside Addition/SS & WM ........,.............................................................,.................2 Resolution R168-04 waiving Public Hearing/Adopt Assessment RolV03-38/14545 Round Lake Boulevard NW/SS .......................................................................................2 Resolution RI69-04 waiving Public Hearing/Adopt Assessment RolV04-42/l38I8 Crosstown Drive NW IWM ..............................................................................................2 Accept DNR MnReLeaf Grant/04-39/0ak Wilt Suppression Program................................2 Approve Private Kennel License ..........................................................................................2 Resolution R170-04 approving Final PlatlWhispering Acre................................................2 Resolution RI7l-04 declaring Costs, Order Assessment Roll and Schedule Public Hearing for 2004 Delinquent Utility Service Charges.....................................................2 Resolution RI72-04 reimbursement Resolution/Andover Station North.............................2 Resolution RI73-04 accepting Petition/Order Feasibility Report/04-45/Andover Station North Residential Development (139th Avenue NW)......................................................2 Appoint Election Judges (Res. RI74-04) .............................................................................2 RECEIVE ASSESSMENT ROLUORDER ASSESSMENT HEARlNG/04-2/2004 OVERLAYS Motion to reschedule to November .,.....................................................................................2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ..................,.............................................................................................................3 ACCEPT CONTR1BUTION/NORTHERN NATURAL GAS/PRAIRlE KNOLL PARK Motion to Approve Resolution (Res. RI75-04) ....................................................................3 LIST OF PARKS FOR TOBACCO FREE SIGNAGE Motion to approve,.................................,...............................................................................4 Regular Andover City Council Meeting Minutes - October 5, 2004 Page 11 Regular Andover City Council Meeting Minutes - October 5, 2004 Table of Contents Page ii CONSIDER CODE AMENDMENT/LIQUOR LICENSE DISTANCE REQUREMENT Motion to approve (Ord. 301)....................................................................,...........................4 APPROVE FINAL PLATIMILLER'S WOODS Motion to approve (Res. RI76-04)........................................................................................6 RESCHEDULE NOVEMBER 2, 2004 COUNCIL MEETING.................................................7 SCHEDULE CANVASS RESULTS/GENERAL ELECTION..................................................7 SCHEDULE CITY COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS ITEMS .....7 SCHEDULE EDA MEETING ......................,............................................................................8 ADMINISTRATOR'S REPORT ...........................,.................,.................................................8 Purchase LED Signal head light (Res. RI77-04)..,.....................................................................8 MAYOR/COUNCIL INPUT Tanners Outdoor Party .........................,............................................................................9 ADJOURNMENT ......................................................................................................................9 C J T Y o F NDOVE REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 5, 2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 5, 2004, 7:01 p,m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Barry Sullivan City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Winslow Holasek. 1159 Andover Boulevard -Noticed lately on Andover Boulevard, down by Hanson and Bluebird, there is striping for no passiog but there is no striping at Xeon. He thought there should be striping there because of all of the traffic and it is a dangerous area. He wondered if they could talk to the County about striping this for no passing. Mr. Berkowitz stated they would contact the County to see if they could stripe the road. AGENDA APPROVAL Add Item 19a, (Appoint Election Judges). Remove from Consent Items for discussion Items 3, (Receive Assessment Roll/Order Assessment Hearing/04-2/2004 Overlays); and Item 16, (Approve Final PlatlMiller's Woods). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES September 7, 2004, Regular Meeting: Correct as written. Regular Andover City Council Meeting Minutes - October 5, 2004 Page 2 September 21, 2004, Regular Meeting: Correct as written. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 4 Declare' Costs/Order Assessment Roll/02-45/Constance Comers (See Resolution RI6l-04) Item 5 Waive Public Hearing/Adopt Assessment Roll/02-421I508 -148th Lane NW/SS (See Resolution RI62-04) Item 6 Waive Public Hearing/Adopt Assessment Rol1/02-46/New Fire Station #3/SS & WM (See Resolution RI63-04) Item 7 Waive Public Hearing/Adopt Assessment RoIl/03-I6/16060 Crosstown Boulevard NW/SS & WM (See Resolution RI64-04) Item 8 Waive Public Hearing/Adopt Assessment Roll/03-l8/I6I50 Crosstown Boulevard NW/SS (See Resolution RI65-04) Item 9 Waive Public Hearing/Adopt Assessment Rolll03-36/l6I50 Crosstown Boulevard NWIWM (See Resolution RI66-04) Item 10 Waive Public Hearing/Adopt Assessment Roll/03- 37 /Donohue Creekside Addition/SS & WM (See Resolution RI67-04) Item 11 Waive Public Hearing/Adopt Assessment Rol1/03-38/I4545 Round Lake Boulevard NW/SS (See Resolution RI68-04) Item 12 Waive Public Hearing/Adopt Assessment Roll/04-421138I8 Crosstown Drive NWIWM (See Resolution RI69-04) Item 13 Accept DNR MnReleaf Grant/04-39/0ak Wilt Suppression Program Item 14 Approve Private Kennel License Item 15 Approve Final PlatlWhispering Acre (See Resolution RI70-04) Item 17 Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2004 Delinquent Utility Service Charges (See Resolution RI7l-04) Item 18 Reimbursement Resolution/Andover Station North (See Resolution RI72-04) Item 19 Accept Petition/Order Feasibility Report/04-45/ Andover Station North Residential Development (139th Avenue NW) (See Resolution RI73-04) Item I9a Appoint Election Judges (Resolution RI74-04) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ASSESSMENT ROLVORDER ASSESSMENT HEARlNG/04-2I2004 OVERLAYS City Engineer Berkowitz stated the City Council is requested to approve the resolution for the Regular Andover City Council Meeting Minutes - October 5, 2004 Page 3 hearing on the proposed assessment for the improvement of Project 04-2, 2004 Overlays in the area of Kiowa Terrace & Valley View Estates 2nd Addition. Mr. Berkowitz stated the City Attorney notified him that they are missing a publication in the paper for the two weeks notice for the public hearing. This is scheduled to be placed in the paper this Friday and would not meet the two weeks notice. They would like to have the meeting changed to November 3'd for the public hearing. Motion by Jacobson, Seconded by Knight to schedule approval to hear this item the fIrst meeting in November, Motion carried unanimously. (Res. l74A-04) RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Dave Sievert, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Knight asked if the 2:00 a.m. closing was the cause of the DWl arrests. Sergeant Sievert stated he worked the night shift and they have not had any more calls within that time trame. He read the times of the arrests to the City Council. ACCEPT CONTRIBUTIONINORTHERN NATURAL GASlPRAlRIE KNOLL PARK City Administrator Dickinson explained this item is in regard to approving a resolution accepting a contribution made by Northern Natural Gas to the City of Andover toward the purchase of playground equipment, Project 03-1, Prairie Knoll Park. Mr. Dickinson stated Northern Natural Gas made a contribution towards the playground equipment at Prairie Knoll Park. The contribution would be towards the purchase of the Mountain Range playground set made by Gametime. Staff is in the process of obtaining quotes for the playground equipment, freight, installation and new swings. Motion by Trude, Seconded by Knight, to approve the resolution accepting the contribution. (Resolution RI75-04) Councilmember Jacobson thought it would be a nice idea to send Northern Natural Gas a letter thanking them for the contribution because they did not need to do that. Councilmember Knight wondered if they could display a sign stating who the equipment was donated by. Mr. Dickinson stated they planned to do that. Mayor Gamache stated he looked at the park equipment and he wondered if it was something they wanted to put in the park. Mr. Berkowitz stated Mr, Haas reviewed this and thought this would be a Regular Andover City Council Meeting Minutes - October 5, 2004 Page 4 good play set for the park and this needed to be purchased by the end of October for the sale price. Motion carried unanimously. LIST OF PARKS FOR TOBACCO FREE SIGNAGE City Engineer Berkowitz explained this item is in regard to identifYing the parks that will be signed according to the Tobacco-Free Policy, Mayor Gamache stated one of the issues that came up at the Park Commission meeting was things like Crooked Lake Boat Landing and this is not marked along with the Round Lake Boat Landing for signage so he did not know why this was an issue. They are on1y looking at signs to be placed in areas where kids play sports and where there are playgrounds. Councilmember Jacobson stated his concern is the language on the sign is not consistent with their language in the policy because the sign shows tobacco is not pennitted but this is a voluntary compliance and will not be enforced. He thought if they approve this, they should change the language to show it is voluntary. Councilmember Trude stated at the last meeting they discussed this and they changed the wording in their policy to match the signage because the signs are being donated and if they changed the signs, it would cost them money to have the signs printed up. Councilmember Orttel thought they have made this illegal but they have not assigned a penalty to it. Mayor Gamache stated regarding the parks listed, will they do anything at the parks besides the signage. Mr. Berkowitz stated they ordered one hundred signs and they anticipate more than one sign at the parks. They could also show on the parks map they are tobacco free parks. Mayor Gamache thought it would be interesting to see if surrounding cities have done anything else regarding this, Motion by Knight, Seconded by Trude, to approve the list of parks to be posted. Motion carried 4 ayes, I present (Jacobson). CONSIDER CODE AMENDMENTILIQUOR LICENSE DISTANCE REQUIREMENT City Administrator Dickinson stated in discussion with potential developers ofliquor establishments the distance requirement from churches and schools in the city code is unclear as to where the measurements are taken. The City Attorney's opinion is that it is from building to building comer. Mayor Gamache stated in item 3.1.A-4, it states it applies to Tasty Pizza. He wondered if this is related to the fact that Anoka-Hennepin uses part of the mall. Mr. Dickinson stated that was correct but he stated Tasty Pizza was grandfathered in because it was there before the use from Anoka- Regular Andover City Council Meeting Minutes - October 5, 2004 Page 5 Hennepin at the mall. Mr. Dickinson explained how Tasty Pizza was measured from their building site to the mall. Mr. Dickinson stated the wording was taken from the Adult Use Ordinance. Councilmember Knight thought the cleanest measurement would be from building corner to building corner. Mr. Dickinson stated to defme building corner to building corner, it should be measured from the main building. Councilmember Orttel wondered where the City Attorney got his opinion from. City Attorney Sullivan stated he was not sure how City Attorney Hawkins came about with his opinion un1ess there was discussion with staff regarding this item. Mr. Dickinson stated they did discuss this with City Attorney Hawkins and he stated his position has always been building to building corner. City Attorney Sullivan stated as a City they have a right to set up regulations of this nature with respect to liquor licenses. Courts when they interpret ordinances tend to interpret them in favor of property rights and against the City un1ess they specifY something more reslrictive. The Ordinance on liquor licensing does not specifY how they measure the feet.' He stated he looked at the adult use ordinance and pointed out three different ways of measuring this. Councilmember Orttel explained how the City came about putting the ordinance in place to begin with. Councilmember Trude thought they should look at something slricter around the schools and where children will be. Councilmember Orttel stated he called a couple of different cities and they have a different footage for a package store and an on-sale store. He thought they might want to look at this more closely. Councilmember Trude did not think they could separate one store from another. Motion by Jacobson, Seconded by Knight, to approve City Code 3-la4 and City Code 3-Ib4, the measurement be from building comer to building corner. Mr. Dickinson wondered if that would be from the primary building. City Attorney Sullivan stated since they do not have a defInition of school, it would be any building where children are expected to be. Councilmember Orttel stated staff had shown a schematic of something that was previously approved to somebody for an on-sale with outdoor drinking that was within the one thousand feet, that would not comply with this and he wondered where that would be because the person has spent a lot of money based on staff's information. Mr. Dickinson stated the one thousand feet comes into play when they are talking about Clock Tower Commons and the Fairbanks properties. Regular Andover City Council Meeting Minutes - October 5, 2004 Page 6 Mr. Dickinson showed how the properties would be affected in regard to the schools. Mr. Darren Lazan, Andover Clock Tower Commons, explained how the arcs affect the properties when measured from building to building. Mayor Gamache suggested the motion be changed to have the one thousand feet measured from front door to front door. Councilmember Jacobson did not accept the change to the motion. Motion carried 3 ayes, 2 nays (Gamache, Orttel). (Ord. No. 301) APPROVE FINAL PLAT/MILLER'S WOODS Community Development Director Neumeister stated the City Council is asked to approve the fmal plat of the project to be known as "Miller's Woods." The final plat has been found to be in substantial compliance with the preliminary plat and applicable ordinances. No adjustments are needed to the fInal plat. At the time the preliminary plat was approved, the developer was asking for park fee credit for the private swimming pool complex that he is planning to build. That discussion was not finalized and was continued to the time of fmal plat approval. Mr. Neumeister stated the Council needs to decide whether there will be any credit for the private pool complex. If a final determination is not made, then the land being fmal platted at this time is required to pay the standard park and trail fees per lot for the eleven lots being fmal platted at this time. The fmal decision on the request for credit toward park dedication could be deferred until the remaining land is fmal platted. Councilmember Jacobson wanted clarification of approval on the fmal plat with eleven lots. He stated he did not have a major problem with this except for the park dedication on the private facilities, He thought that if they approve the fmal plat, shouldn't they determine the park dedication fees instead of delaying it to another date. Mr. Neumeister stated the balance of the plat that is not shown in the packet is basically all outloted so as outlots they will have to come back and get them final platted as residential lots. At this time all they want for fmal plat is the eleven lots shown. The balance of the seventy lots will need to come before the Council in the future. As outlots, they cannot build on them. Councilmember Jacobson thought they needed to approve all of the land in the fmal plat and then they build in phases. Mr. Neumeister stated they do not. When the developer is ready to install utilities and streets, then they final plat. At this time, there is a project being contemplated for a small section and because there would be a much larger plat that would need to go on record at the County and they are not ready to build those streets, there would need to be a huge fmancial guarantee provided. Councilmember Jacobson stated there is a "whereas" that says the City Engineer has reviewed the fmal plat for conformance with the preliminary and he wanted to make sure they were not approving the entire thing without looking at that. Councilmember Knight agreed with Councilmember Regular Andover City Council Meeting Minutes - October 5, 2004 Page 7 Jacobson and stated they did not resolve the park dedication yet. Mr. Dickinson explained why they are approving this in increments instead of as a whole. Councilmember Jacobson stated if everything else is considered an outlot, what would happen if in a year, they would want to move things around, would they need to come back. Mr. Neumeister stated they would have to amend the PUD and preliminary plat to conform to the preliminary. Motion by Trude, seconded by Jacobson, to approve the fmal plat subject to the conditions in the attached resolution. Motion carried unanimously. (Res. RI76-04) RESCHEDULE NOVEMBER 2,2004 COUNCIL MEETING City Administrator Dickinson explained the first Council meeting in November falls on Election Day and needs to be rescheduled. Motion by Orttel, to reschedule the November 2 City Council meeting to Wednesday, November 3, 2004. Councilmember Trude stated she preferred November 3'd because then they could also canvass the results of the election at the same time. Councilmember Orttel withdrew his motion. Motion by Trude, Seconded by Jacobson, to reschedule the November 2nd City Council meeting to Wednesday, November 3, 2004 and also canvass the election at that time. Motion carried unanimously. SCHEDULE CANVASS RESULTS/GENERAL ELECTION City Administrator Dickinson stated the City Council is required by State Law to canvass the results of the election. Staff would recommend that Council schedule the canvass for Wednesday, November 3'd. Motion was made in previous item. SCHEDULE CITY COUNCIL WORKSHOP- MISCELLANEOUS BUSINESS ITEMS City Administrator Dickinson stated the Council is requested to schedule a Special Council Workshop for the month of October. A number of business items will be addressed at this meeting. Regular Andover City Council Meeting Minutes - October 5, 2004 Page 8 Council decided to hold off on the workshop meeting items until the end of November. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for October 19,2004 at 6:00 p.m. Motion carried unanimously. ADMINISTRATORS REPORT City Administrator Dickinson updated the City Council on the Community Center Construction and Fire Station Construction. City Engineer Berkowitz updated the City Council on road improvement projects in the City. Motion by Trude, seconded by Knight, to approve the purchase of an LED signal head light to be installed at Hanson and Andover Boulevard as well as the preemption system they use for emergency vehicles and not to exceed $11,000. Motion carried unanimously. (Res. No. 177-04) City Engineer Berkowitz stated the speed study has been done for Crosstown Boulevard. The speed limit on Crosstown Boulevard from Andover Boulevard to Hanson Boulevard will change to 45 MPH. It will not be an immediate change because they have to change out the signs. They also have to redo the loop detectors in the signals. The one segment that will not change is from Hanson Boulevard to Prairie Road. Councilmember Trude thought that once Sophie's Manor is built out, they could have another speed study done because that will increase the traffic. Mr. Berkowitz stated they can reevaluate that again. Councilmember Trude stated people were asking about the closure at Bunker and Prairie Road. Mr. Berkowitz stated he spoke with the contractor and they do not think they will have the road opened at the end of the week. He stated they are having some scheduling issues with contractors. He thought it would be opened around October 20111. Councilmember Orttel asked what was going on at the WDE site. Mr. Berkowitz stated they are doing some storm water improvements to that site and they are going to change their discharge into the sanitary seWer. Mr. Neumeister stated they are going to add a small addition onto the building on top of the hill. They are also looking at some alternative uses for the methane. Councilmember Jacobson stated they are thinking about capturing the methane and piping it over to the high school and putting in a generator for the high school. This will be an experimental project. Regular Andover City Council Meeting Minutes - October 5, 2004 Page 9 Community Development Director Neumeister updated the City Council on development activity in the City. Councilmember Jacobson stated on the CVS Drugstore and Target, the signage looked large and he wondered if staff has checked them to see if they meet the requirements. Mr. Neumeister thought the Target signs were in line with their requirements but he would have to check on the CVS signs. Mr. Dickinson publicly thanked City Clerk Vicki V olk for all of her work with the elections. MAYOR/COUNCIL INPUT (I'anners Outdoor Party) - Mayor Gamache stated he met with the Mayor of Coon Rapids and the City Manager, Jerry Splinter stated they had talked with Andover Staff regarding the summer party Tanners had regarding complaints. He stated he on1y received one complaint so he wondered how many they actually received. Mr. Dickinson stated they followed up with the Sheriff's Department and they reviewed the letter and received no complaints. The letter indicated there were numerous complaints, however, none of them were logged by the Sheriff's Department so they could not check on them. He thought the Sheriff's Department did reply to the City of Coon Rapids regarding this. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:48 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary