HomeMy WebLinkAboutCC August 2, 2006
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Wednesday, August 2, 2006
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (6/27/06 Workshop; 7/18/06 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Revised 2006 Park CIP/Prairie Knoll Park - Engineering
4. Accept Contribution/Sam's Club Foundation/Safety Camp - Finance
5. Accept Resignation-Accounting/Engineering Clerk - Administration
Discussion Items
6. Award Bid/05-ll/Tulip Street NW & 06-20AlMeadow Creek Christian School Tlll1l Lane Improvements -
Engineering
7. Consider Conditional Use Permit Amendment/Adding Cell Equipment/1717 Crosstown Blvd. NW -
Planning
8. Consider Sketch Plan/Two Twin-Homes/1680 Andover Blvd. NW - Planning
Staff Items
9. Consider Joint Meeting with Park & Recreation Commission - Engineering
10. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 9
REGUIAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 2,2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MIN1JTES ...................................................................................................... 1
CONSENT ITEMS
Approve Payment of Claims .......................~........................................................................ 2
Resolution R092-06 approving Revised 2006 Park CIPlPrairie Knoll Park ....................... 2
Accept Contribution/Sam's Club Foundation/Safety Camp (R093-06) .............................. 2
Accept Resignation- AccountinglEngineering Clerk........... ... ........... ........ ..... ....... ............... 2
AWARD BID/05-11/TULIP STREET NW & 06-20a/MEADOW CREEK
CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS
Motion to approve (R094-06) ...............................................................................................3
CONSIDER CONDITIONAL USE PERMIT AMENDMENT/ADDING CELL
EQUIPMENT/1717 CROSSTOWN BLVD NW
Motion to approve (R095-06) ............................................................................................... 3
CONSIDER SKETCH PLANITWO TWIN-HOMES/1680 ANDOVER BLVD NW ..............4
CONSIDER APPROVAL OF ON SALE INTOXICATING LIQUOR LICENSE
Motion to authorize ...... ........ ....... ......... ....... ......... ...... ... ....... ..... .... .... .......... ..................... ..... 6
CONSIDER JOINT MEETING WITH PARK & RECREATION COMMISSION .................7
ADMINISTRATOR REPORT.. ..... .................. .......... ......... ........... ................ ...................... ..... 7
MAYOR/COUNCIL INPUT
Senate Bills ........ ..... ...... ................................ .............. ....... ...... ...... ........ ...... .................... ..... 7
National Night Out. ........................... ..... ... .................. ... ... ... .... ................ .... .............. ........... 8
ADJOlJRN},ffiNT...................................................................................................................... 8
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CITY OF
NDOVE
REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 2,2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, August 2,2006,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Add Item 8a, (Consider Approval of On-Sale Intoxicating Liquor License).
Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
June 27,2006, Workshop Meeting: Correct as written.
July 18, 2006, Regular Meeting: Correct as amended.
Motion by Jacobson, Seconded by Knight, approval of the June 27,2006 Workshop Minutes as
indicated above. Motion carried unanimously.
Councilmember Trude stated on the July 18, 2006 regular meeting minutes she has two minor
changes. The first one is on page five; third paragraph from the bottom she was making a comment
involving some numbers and one of the numbers needs to be corrected. 55xl00 should be 50xl00.
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 2
Councilmember Trude stated on page 14, the motion. This was the point that she asked they use the
reasoning for a rezoning request on the White Pine Wilderness plat as the same reasoning for
rezoning that they had used for another item on the agenda. The way it was typed was not accurate.
Councilmember Trude stated the motion should read "Motion by Trude, Seconded by Jacobson, to
approve the ordinance with the following amendment, delete the language "The rezoning is approved
based upon the fact that with the arrival of municipal services the character of the area has changed
and the conditions surrounding the site have changed to such an extent that a rezoning is warranted",
and insert the language from the resolution for packet Item 12, number 2, regarding findings for
rezoning and number it as number 3 for this resolution.
Councilmember Trude stated the staff reasoning for the rezoning that she did not like said that the
reason for the rezoning had to do with the arrival of municipal services and there are no municipal
services until and unless this plat is approved and then they have to do a Comprehensive Plan
Amendment. There will not be any services until this person builds them. The rezoning language
they are inserting is from another packet item Mr. Courtney Bednarz wrote and she thought he was a
little more eloquent in explaining it is a part of their negotiated agreement with the Met Council that
they would extend a limited area of urban services north of 161 st.
Councilmember Jacobson thought they had done this before and the services were not in there either.
Mr. Neumeister stated he followed through with the instructions from that meeting and took the third
item and changed it how Councilmember Trude described.
Motion by Knight, Seconded by Trude, approval of the July 18,2006 Regular Minutes as indicated
above. Motion carried unanimously.
CONSENT ITEMS
Item 2
Item 3
Item 4
Item 5
Approval of Claims
Approve Revised 2006 Park CIP/Prairie Knoll Park (See Resolution R092-06)
Accept Contribution/Sam's Club Foundation/Safety Camp (Resolution R093-06)
Accept Resignation-Accounting/Engineering Clerk
Motion by Jacobson, Seconded by Ortte!, approval of the Consent Agenda as read. Motion carried
unanimously.
A WARD BID/05-11/TULIP STREET NW & 06-20A/MEADOW CREEK CHRISTIAN SCHOOL
TURN LANE IMPROVEMENTS
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 3
City Engineer Berkowitz stated the City Council is requested to receive bids and award the contract
for Project 05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW & Project 06-
20A, Meadow Creek Christian School Tum Lane Improvements.
Councilmember Jacobson indicated he is going to step down from discussion and voting for this
item.
Motion by Trude, Seconded by Knight, to approve the resolution for Project 05-11, Tulip Street NW
between 16181 Avenue NW and Valley Drive NW & Project 06-20A, Meadow Creek Christian
School Turn Lane Improvements.
Councilmember Trude asked if this included all of the ground work for Tulip Street as well. Mr.
Berkowitz stated it did not. He stated this was based on the construction portion of it. Additional
expenses they have will be right-of-way acquisition.
Councilmember Trude asked if this dealt with all of the soils and everything in the road. Mr.
Berkowitz stated it did and will include a full soil correction. It covers all of the expenses of the
construction for the roadway.
Motion carried 4 ayes, 1 present (Jacobson) (Resolution R094-06)
CONSIDER CONDITIONAL USE PERMIT AMENDMENT/ADDING CELL
EQUIPMENT/1717 CROSSTOWN BLVD NW
Community Development Director Neumeister explained the City Council is asked to review
Nextel/Sprint's request for the placement of additional wireless communication equipment in the
water tower by City Hall. Nextel has had equipment on the water tower since 1996. Since then there
have been two changes in equipment and one formal CUP amendment in 2000, which placed nine
antennas on the tower instead of the original three. Nextel has now applied to increase both their
amount of storage space in the base of the water tower, as well as the number of antennas on the
railing on top of the water tower.
Mr. Neumeister discussed the staff report with the City Council.
Motion by Knight, Seconded by Jacobson, to approve the Conditional Use Permit amendment
request.
Councilmember Orttel asked what the ultimate number of antennas is they can put on this building.
Mr. Dickinson stated at this point they have had the structural engineer review it and right now it is
not creating any problem. He would anticipate they will probably see the other provider ask for
additional space. At this point they are probably covering only one half of the top of the tower.
Councilmember Orttel stated he is concerned with the structural integrity of the tower. Mr.
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 4
Dickinson stated each time someone comes in and wants to negotiate additions to the current lease
agreement, they have them at their expense work with the city's structural engineer to make sure they
are not going against the integrity of the tower.
Motion carried unanimously. (Resolution R095-06)
CONSIDER SKETCH PLAN/TWO TWIN-HOMES/1680 ANDOVER BLVD NW
Community Development Director Neumeister stated the City Council is asked to review a
residential sketch plan containing two twin-home buildings. The property is located on the west side
of the intersection of Hummingbird Street and Andover Boulevard, at the north end ofNature' s Run.
The developer is trying to get feedback on whether or not twin-homes will be permitted on the site
before moving forward with the cost and effort of preparing a more detailed plat submittal.
Councilmember Trude stated on the map that shows the Nature's Run Plat there is an address behind
the creek and what she remembers about the Nature's Run Plat is not just Hummingbird and the little
lot pads, it is also the huge area that goes across the creek. She thought the overall density of that
project was 3 units per acre based on the fact that they set aside so much open space. Mr.
Neumeister stated he did not have the information about the overall density there but if it was
upland, it was probably calculated in but if it was a wetland area, it would probably not have been
calculated in.
Councilmember Orttel thought the State took the area over across the creek. Mr. Neumeister stated
the State owns that area now but he is not sure what happened when that plat was being approved.
Mr. Neumeister stated to attain this kind of development density he thought they must have averaged
in some other higher ground.
Councilmember Jacobson stated the lot they are looking at is an R-4 size lot. Mr. Neumeister stated
that is correct.
Councilmember Jacobson asked for clarification on the steps they would have to go through with the
Met Council if this were approved. Mr. Neumeister reviewed the steps involved with the Council.
Councilmember Jacobson asked City Attorney Hawkins if a PUD that is tantamount to rezoning still
needs a 4/5 vote or a simple majority. City Attorney Hawkins stated a zoning change is a simple
majority by a statute change a few years ago unless the property is changing from residential to
commercial. He noted this is State law.
Mr. Neumeister stated if this were under six units per acre it would have been a medium density land
use and an M-l zoning. The report shows 6.1 units per acre. Councilmember Trude stated she could
not think of any area they had to rezone because it was six units per acre. Mr. Neumeister stated they
have not done anything recently.
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 5
Councilmember Trude stated this would be unusual for Andover.
Councilmember Orttel stated on page 13 in the staff report he thought it looks like all of the trees
when done will be on the neighbor's property and he wondered if there would be additional buffering
done in this development. Mr. Neumeister stated the Planning Commission wanted to see more
buffering done because of this. Without a topography plan it is hard to see how much would be
saved.
Councilmember Orttel thought if any buffering were done it would be up to the back of the houses.
Mr. Neumeister stated if there would be any buffer there, it would need to be new. He thought it
would be tough to get a decent buffer in there. Mr. Neumeister noted there would be 150 feet
between the back of the home and the property line.
Councilmember Orttel asked if this had been checked to see if it would allow two single family lots.
Mr. Neumeister stated it had and two single family homes would fit.
Councilmember Trude did not see how this development would fit in with Nature's Run because the
homes appear to be small and Nature's Run homes are larger and more spacious.
Councilmember Jacobson indicated he would not go for a PUD on this because it is too small and the
density is too high for this area. He also has a concern with an association with only four homes in it
and he is concerned with buffering. He thought this should remain an R -1 zoning.
Ms. Sue Juneau, representing Berkshire Homes, thought the challenge is the lay of the land. She
understood the neighbors' concerns but there is a substantial buffer on the west side. She stated from
a marketing standpoint, two single family homes in a twin neighborhood would not work, especially
Andover Boulevard being as busy as it is. They are willing to entertain either idea but it would
affect the price point that would be marketable. The land value is not there for the location.
Councilmember Knight stated if there is a concern about traffic with two homes, how would she
justify four homes. Ms. Juneau stated it is not the traffic in terms of getting in and out; it is in terms
of selling the single family lifestyle in new construction on that type of a roadway.
The Council discussed the density of the development with the representative.
Councilmember Jacobson asked what the square footage is of the proposed units. Ms. Juneau stated
the finished square footage is 2, l89.
Councilmember Jacobson thought the density is too much for the size of the property.
Councilmember Trude agreed. She did not think this proposed development would fit into the other
developments in the area. She thinks it is too dense. Councilmember Knight concurred.
Mayor Gamache thought the Compo Plan changes would be a big issue and he thought a density of
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 6
6.4 is very high for this area. He thought even though Andover Boulevard is a busy road, it is a slow
road and he thought two homes on this plat would be preferred.
Ms. Juneau thanked the Council for their input and would take it into consideration.
Mr. Tom Enzmann, l7l8 Andover Boulevard, stated they approved the sketch plan in 200 1 for
Nature's Run and they are still trying to sell homes. He thought if Ms. Juneau wanted to know what
sells, she should use Foxburgh as an example.
CONSIDER APPROVAL OF ON SALE INTOXICATING LIQUOR LICENSE
Mr. Dickinson stated there is an application in front of them for a liquor license for Tanner's
Steakhouse because there is a new purchaser. There will also be a name change to Tanner's
Saloon.
Mr. Dickinson discussed the report with the Council.
Councilmember Jacobson stated Tanner's has a nice area for dining in one area and a bar in the
other and he wondered if it was the intention to keep this atmosphere. Mr. Ray Warmuth stated
they would be keeping the restaurant the same.
Councilmember Trude stated another concern is if there will be food served the entire time liquor
is served and this will not become just a bar. Mr. Warmuth indicated they would serve food the
entire time.
The Council discussed the liquor license application and the times they are requesting to serve
liquor with the applicant.
Councilmember Trude stated she would want to keep this license consistent with the other
licenses in the City regarding the 2:00 a.m. liquor license.
Councilmember Orttel asked if the applicant has ever been involved in ownership of this bar
before. Mr. Warmuth stated they have not.
Councilmember Jacobson asked if Mr. Warmuth will be the owner. Mr. Warner indicated he
would be.
Councilmember Trude asked the City Attorney what the 2:00 a.m. requirements are. City
Attorney Hawkins stated they have to serve food under the ordinance until 1 :00 a.m.
Motion by Trude, Seconded by Knight, to authorize the issuance of the regular and special 2:00
a.m. liquor licenses to Raymond Warmuth according to his application contingent upon the City
Clerk verifying that all code requirements are met before issuance and such license to become
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 7
effective upon the date all requirements are met. Motion carried 4 ayes, 1 nay (Jacobson).
Councilmember Jacobson indicated he is voting no because they are pushing the time from 1 :00
a.m. to 2:00 a.m. and he did not like that.
CONSIDER JOINT MEETING WITH PARK & RECREATION COMMISSION
Motion by Knight, Seconded by Jacobson, to schedule ajoint meeting with the Park Commission
for Thursday, September 21 st at 7:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on administration and city department
activities, National Night Out activities and miscellaneous projects.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
Community Development Director Neumeister updated the Council on development activity in
the City.
Mr. Berkowitz stated that MnDOT, Anoka County, and the Cities of Anoka, Ramsey and Burns
Township joined efforts to do a transportation analysis on Trunk Highway 47. He stated they
want Andover to consider the bridge crossing they had identified in their transportation plan over
the Rum River between 1 59th and 165th Avenue.
Mr. Berkowitz discussed the item with the City Council.
Motion by Trude, Seconded by Orttel, that the Council no longer supports a potential bridge
crossing in Andover over the Rum River because it is premature and there is no benefit for
Andover and would be a big detriment to the City at this time. Motion carried unanimously.
MAYOR/COUNCIL INPUT
(Senate Bills) - Mayor Gamache stated there have been two bills going through the Senate regarding
telecommunications. He thought they are both detrimental to local governments and local cable
broadcasting. Councilmember Trude thought if further communication is sent it should be written
on City stationary with support of the Council indicating their concerns. The Council agreed.
Councilmember Orttel stated there is another issue going on like that regarding the two tier cable
access. He stated the fast internet speed woUld go to large companies and the slower speed would go
to the consumers.
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Regular Andover City Council Meeting
Minutes - August 2, 2006
Page 8
(National Night Out) - Mayor Gamache stated National Night Out was well attended with 47 parties.
He thought it was an enjoyable night. The Council thanked the Fire Department and Laura Landes
for all of their work.
Councilmember Knight stated the one question he was asked was where the City is at with the WiFi.
Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:30 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary