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HomeMy WebLinkAboutCC May 2, 2006 o 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, May 2, 2006 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes; (4/18/06 Regular; 4/19/06 Board of Review) Consent Items 2, Approve Payment of Claims - Finance 3, Approve Use of ABA Donation to New Building/05-l5 - Engineering 4, Declare Cost/Order Assessment Roll/05-60/l5l6 -148th Lane NW/SS -Engineering 5, Approve Twins Fields for Kids 2006 Grant Agreement/05-l5 - Engineering 6, Approve Timber Rivers Park Dock Exchange with Ham Lake - Engineering 7, Amend Fee Ordinance No. 318 - Finance/Public Works 8, Approve Updating Employee Personnel Policies - Administration 9, Approve 2007 City of Andover Budget Guidelines - Finance 10. Approve Code Amendment/City Code 6-4 Snowmobiles and All-Terrain Vehicles - Planning o Discussion Items 11. 2005 Audit Presentation - Tauges 12. Discuss Stack' s Woods Final Plat Trail Condition - Engineering 13. Consider Conditional Use Pennit Amendmentffemporary Classrooms/Grace Lutheran Church/13655 Round Lake Blvd. NW - Planning 14, Consider Revised Preliminary Plat & Planned Unit Development ReviewlParkside at Andover Station- Planning 15. Discuss Buffering Urban Plats from Rural Neighborhoods - Planning Staff Items 16. Consider Advertisement Signs in Parks - Engineering 17. Consider Amendment to City Code/Scoreboard Advertisement - Engineering 18. Schedule EDA Meeting - Administration 19. Administrator's Report - Administration Mayor/Council Input Adjournment o o o o ~~ r ~ 5-lb-dlc Regular Andover City Council Meeting Minutes - May 2, 2006 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 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 R059-06 approving Use of ABA Donation to New Building/05-15 ................. 2 Resolution R060-06 declaring Cost/Order Assessment Roll/05-60/1516 _148tb Lane NW /S S ................. ........ .................................... ................................. .............................. 2 Approve Twins Fields for Kids 2006 Grant Agreement/05-15 ..........................................2 Approve Timber Rivers Park Dock Exchange with Ham. Lake........................................... 2 Amend Fee Ordinance No. 318 (Ord. No. 327)................................................................... 2 Approve 2007 City of Andover Budget Guidelines.............................................................2 APPROVE UPDATING EMPLOYEE PERSONNEL POLICIES ........................................... Motion to Amend ............................................................ ............... ........ ............................... 2 APPROVE CODE AMENDMENT/CITY CODE 6-4 SNOWMOBILES AND ALL-TERRAIN VEHICLES Motion to approve (Ord. No. 328) ........................................................................................ 3 ARBOR MONTH PROCLAMA TION......................................................................................3 2005 AUDIT PRESENTATION Motion to Receive........ ........................_....... ........ ................................................................. 4 DISCUSS STACK'S WOODS FINAL PLAT TRAIL CONDITION....................................... 4 Motion to reconsider plat ...................................................................................................... 5 Motion to remove trail.......................................................................................................... 5 Motion to approve (Res. R06I-06) ....................................................................................... 5 CONSIDER CONDITIONAL USE PERMIT AMENDMENTITEMOPORARY CLASSROOMS/GRACE LUTIffiRAN CHURCH/13655 ROUND LAKE BLVD Motion to approve (Res. R062-06) ....................................................................................... 6 CONSIDER REVISED PRELIMINARY PLAT & PLANNED UNIT DEVELOPMENT REVIEW/PARKSIDE AT ANDOVER STATION Motion to approve-withdrawn .............................................................................................. 7 Motion to table.................. .................................................................................................... 7 DISCUSS BUFFERING URBAN PLATS FROM RURAL NEIGHBORHOODS .................. 10 CONSIDER ADVERTISEMENT SIGNS IN PARKS Motion to approve ................................................................................................................. 10 CONSIDER AMENDMENT TO CITY CODE/SCOREBOARD ADVERTISEMENT Motion to approve........................................................... ......... ............................................. 11 SCIIEDULE EDA MEETING ................................................................................................... 12 ADMINISTRATOR REPORT .................................................................................................. 12 MAYOR/COUNCIL INPUT Action on Homes on Tulip and Andover Boulevard ............................................................ 12 o o o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 15 Regular Andover City Council Meeting Minutes - May 2, 2006 Table of Contents Page jj Sign Code Issue................. ............. ................................... ................................ .................... 12 Andover High School Read Across America ....................................................................... 12 ADJOURNMENT ...................................................................................................................... 13 o REGULAR ANDOVER CITY COUNCIL MEETING - MAY 2,2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 2,2006, 7:02 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 o PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add Item lOa, (Arbor Month Proclamation). Remove from Consent Items for discussion Items 8, (Approve Updating Employee Personnel Policies); and Item 10, (Approve Code Amendment/City Code 6-4 Snowmobiles and All-Terrain Vehicles). Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES Apri/18, 2006, Regular Meeting: Tabled. o Councilmember Trude stated on page 4, third paragraph from the bottom it states "in the two-four zones" and should be "in the two R-4 zones". On page 7, the second full paragraph, the first line should read "any area within 500 feet or an existing house". She stated they also discussed the hours of operation and they should include the hours as "being limited to 8:00 a.m. to 8:00 p.m." She o o o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 2 stated on page 8, the motion should be "as discussed". She stated they discussed deleting an item and a statement about utility trailers and something had to be taken out. Motion by Trude to approve the April 18, 2006 Minutes as indicated above. Mr. Neumeister stated at the last meeting at the end of discussion, staff asked if the motion would be as "presented" or as "discussed" and the Council indicated it should be as "presented". Councilmember Trude stated if they looked at the discussion, there are issues that the Council wants changed and deleted. The Council thought the tape should be reviewed to see what the actual motion should be. Councilmember Trude withdrew her motion. Motion by Trude, Seconded by Jacobson, to table the April 18, 2006 Minutes until the next City Council meeting. Motion carried nmmimously. April 19, 2006, Board of Review Meeting: Correct as written. Motion by Orttel, Seconded by Trude, approval of April 19, 2006 Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Approval of Claims Approve Use of ABA Donation to New Building/OS-IS (See Resolution ROS9-06) Declare Cost/Order Assessment Roll/OS-60/1S16 - 14Sth Lane NW/SS (See Resolution R060-06) Approve Twins Fields for Kids 2006 Grant Agreement/OS-IS Approve Timber Rivers Park Dock Exchange with Ham Lake Amend Fee Ordinance No. 318 (Ord. 327) Approve 2007 City of Andover Budget Guidelines Item S Item 6 Item 7 Item 9 Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried Ilnllnimously. APPROVE UPDATING EMPLOYEE PERSONNEL POLICIES As discussed in the workshop on April 2S, 2006, due to some changes the Department of Labor (DOL) made in April 2004 to the Fair Labor Standards Act (FLSA), Human Resources would like to make some minor changes and/or clarifications to the Current City of Andover Personnel o o o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 3 Policy. Councilmember Trude stated she was concerned with the wording after their workshop meeting. She is concerned they would not have a limitation on that other City Vehicle Use. She thought if they would get a statement in there indicating "in an emergency situation, the City Administrator can grant employees the ability to drive vehicles home because it is an emergency." Otherwise, she is concerned that future City Administrators who would not be as cost conscious as their current administrator could grant City Vehicle use as a privilege or benefit because it does not have any limitation to it. Motion by Trude, Seconded by Knight, to amend Section 38c, "In an emergency situation, the City Administrator may approve use of a vehicle if it is in the best interest of the City that employees holding certain positions within the City are provided with a vehicle." and delete the remaining language of that paragraph. Councilmember Jacobson stated he would not agree with that because the Fire Department traditionally takes vehicles home so they can respond quicker. Mr. Dickinson stated that is already covered under A and B. The Fire and Public Works areas are already covered. Motion carried unanimously. APPROVE CODE AMENDMENT/CITY CODE 6-4 SNOWMOBILES AND ALL-TERRAIN VEHICLES The City Council is asked to review the proposed City Code changes for snowmobiles, A TV's and OHM's. The proposed changes to Chapter 6-4 limit the use of All-Terrain Vehicles (ATV's) and Off-Highway Motorcycles (OHM's) on private property in R-2, R-3, and R-4 zoning districts and on properties less than 2.5 acres in size. An additional requirement limits the time that ATV's and OHM's maybe used on private property from 8:00 am to 8:00 p.m. Councilmember Jacobson indicated he had this item pulled because the second to the last page, under 6-4-5, a & b should be combined and the word any should be changed to "on". Motion by Jacobson, seconded by Knight, to approve with the change noted above. Motion carried unanimously. (Ord. No. 328) ARBOR MONTH PROCLAMATION Mayor Gamache read the proclamation indicating Mayas Arbor Month. o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 4 2005 AUDIT PRESENTATION City Administrator Dickinson introduced Mr. Mark Gibbs, CPA for HLB Tautges Redpath, who made a presentation to the City Council related to the City of Andover Comprehensive Annual Financial Report (CAFR) as of December 31, 2005 and the corresponding Management Report. Motion by Jacobson, Seconded by Trude, to receive the City of Andover CAFR as of December 31, 2005, the corresponding Management Report, report on internal controls and report on legal compliance. Motion carried ummimously. DISCUSS STACK'S WOODS FINAL PLAT TRAIL CONDITION c City Engineer Berkowitz explained the developer for Stack's Woods (Emmerich Development Corp.) has requested that the City Council reconsider the:final plat trail condition required for the development. Mr. Berkowitz discussed the staff report with the City Council. Councilmember Orttel wondered how this moved forward to the :final plat without review of this. He asked if they held this at the preliminary to discuss at the:final plat. Mr. Berkowitz stated that was correct. Mr. Mike Quigley stated in his letter of April 20, 2006, he viewed the discussion that was done at the preliminary plat and he made the assumption that there was a good probability that a trail would not be approved through this area. It starts nowhere and goes nowhere and he does not understand the need for it. The property to the south, which is undeveloped, it could connect through there. The same requirement could be made on that developer but then they are going to get into established residences to the south and east along 159th. That area is very narrow with mature trees and there would have to be a pretty good swatch taken there to accommodate a trail. As stated in the report to the Council, it was determined to make this a requirement of the plat because if they don't it becomes difficult to do it later because the people that live there would oppose it. He did not understand the rationale for putting in a trail if they know that the people it is intended to serve don't want it. He did not think it made any sense and based on that he was asking for the Council to reconsider the trail. o Mr. Berkowitz showed photos of the plat and where the trail would start and end and explained the requirements and what would need to be done if a trail were to go in. Mr. Berkowitz stated the best place for a trail is along the north side because it is fairly flat in that location. Councilmember Orttel asked if going to the east, the lots get smaller. o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 5 Councilmember Trude asked what the full width of 159tb would be if they reconstruct it. Mr. Berkowitz stated they could leave it at its current width or consider making it wider. It all depends on the amount of traffic they have going through there. Right now it functions on the width they have. Councilmember Trude asked if it is a State Aid road. Mr. Berkowitz stated it is a State Aid road. Councilmember Trude stated if they reconstruct it, they would have to look at no parking if they kept it at the current width. Mr. Berkowitz stated they would look at concrete curb, which provides a shorter off set distance to the edge of the trail. Councilmember Trude this would give them the option of going with a sidewalk instead of a trail and would be less of an impact. Mr. Berkowitz stated that was an option. Councilmember Knight indicated the traffic would not increase on this road so he thought it would be a waste of money. Mr. Berkowitz reviewed the area where the trail would need to go in. o Councilmember Orttel thought they were talking a long way down the road and in order to make a connection it would have to depend upon the development often parcels between 159tb and the parcel being discussed. He wondered if the trail would fit in the right-of-way. Mr. Berkowitz stated the trail would be constructed in the existing right-of-way and any extension of the road would be done in the right-of-way. Councilmember Orttel thought they were looking at twenty years to make the connection and he wondered if it is worth it to maintain a trail in there for that number of years. Mayor Gamache stated another issue is they do not have a trail going south from 159tb. Councilmember Trude thought the neighborhood would like a trail along the north end of the plat in order to do a circle walk without going onto the County Road. Mr. Quigley stated with this being a rural development with large lots, they did not find it to be as significant as an urban plat and it does not provide any circular feed. It starts nowhere, ends nowhere and goes nowhere. He did not see the benefit for the residents or for the adjacent residents. Motion by Knight, Seconded by Orttel, to reconsider the plat. Motion carried unanimously. Councilmember Trude asked if the Park Commission had this in their request. Mr. Berkowitz stated the trails do not go through the Park Commission. o Motion by Knight, Seconded by Orttel to remove the trail because it is in an isolated area and will not connect to anything. Motion carried nnanimously. Motion by Orttel, Seconded by Knight to approve the final plat. Motion carried llDanimously. (Res. R061-06) o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 6 CONSIDER CONDITIONAL USE PERMIT AMENDMENT/TEMPORARY CLASSROOMS/GRACE LUTHERAN CHURCH/13655 ROUND LAKE BOULEVARD N. W; Community Development Director Neumeister stated the applicant is requesting a conditional use permit to place two temporary classrooms on their property. Mr. Neumeister discussed the staff report with the Council. Mayor Gamache stated on the plan before them, with the school on the east side, there has to be some demolition of some items. Councilmember Knight stated they have to remove the trash enclosure. Councilmember Trude wondered if it works well for the sewer and water hook ups and the traffic patterns between the existing structure. Mr. Dickinson stated it was reviewed by the Building Department. o Councilmember Knight asked what would happen when the temporary classrooms would be removed. Mr. Neumeister stated they would need to restore the grass and everything else would remain intact. Councilmember Jacobson stated there is one individual who lives across the street and wondered if they could get some resident input. Councilmember Trude stated she has a question with the date a new building will be built. She did not think two and a half years was much time for fund raising. Councilmember Jacobson thought they could have one extension if they needed more time. Councilmember Knight wondered why there is a gap in the shrubbery along 136th. Mr. Neumeister stated it is a continuous line of arborvitae along with existing trees. Mrs. Marnell Wilbur, who lives across the street from the church. showed photos of the view she has of the church at this time. She noted she prefers the current view over looking at the classrooms. She thought it would take at least ten years to allow the arborvitae to grow to screen the bottom half of the trailers. She thought it is expecting the church to go to a bigger expense then they need to for a three year project, even if they need an extension. She stated the classrooms should be placed on the west end of the property. o Mr. Greg Larson, neighbor, stated their houses sit up approximately six feet off the street and the church is pretty level with the street. He stated the arborvitae will do nothing for them. Pastor Mark Helman, Grace Lutheran Church. stated they will do whatever is decided by the Council. He noted there are advantages and disadvantages no matter which way it is put. He stated what the Council is proposing for the classrooms would be very convenient because it would be o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 7 located by the entrance to their classrooms in the building but would be an extra expense because they would have to do extra landscaping. He stated they looked at both areas regarding sewer and water and they are about the same distance. Councilmember Knight wondered if there would be another type of screening tree that would be larger for quicker screening. Mr. Neumeister thought they could replant some of their long needle pines with shrub plantings to fill in for screening. He thought staff could work with the church on the screening. Mayor Gamache stated when they first saw the plan he did not have a problem with it being placed on the west side. There is already along Round Lake Boulevard on the east side a number of fences that run down the boulevard and thought it would not be that big of deal to place the classrooms there. It surprised him that the classroom could be placed on the east side. Councilmember Trude stated she preferred locating the portable classrooms as far as possible from Round Lake Boulevard because of her concern for the children using the classrooms for their safety. o Motion by Orttel, Seconded by Jacobson, to approve the proposed Conditional Use Permit including item 7, "subject to the landscaping plan acceptable to the City". Councilmember Jacobson stated he would like to add item 7 to the motion "Subject to the landscaping plan acceptable to the City". Mr. Larson stated he would rather see the classrooms on the west side of the church because the houses to the west will not have a view of the classrooms. He stated with the classrooms on the west side, there would be less expense for the church as far as landscaping. He stated he did not want to have to look at the classrooms for two or more years. Mayor Gamache stated he is going to vote against this because he thought the west side was the better place for the classrooms. Motion carried 4 ayes, 1 nay (Gamache). (Res. R062-06) CONSIDER REVISED PRELIMINARY PLAT & PLANNED UNIT DEVELOPMENT REVIEWIPARKSIDE AT ANDOVER STATION o Community Development Director Neumeister explained the second phase of the plat has been revised to change the style from attached to detached units. The portion of the plat affected by these changes is shown in the staff report. Ibis adjustment reduces the number of units in phase IT from 36 to 33 units. Councilmember Jacobson stated it is his understanding that sometime in May the original agreement was that there is a third of a million dollar payment to come due and he wondered if there was a o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 8 change in that someplace. Mr. Dickinson stated they are in negotiations now with some take down differences with the developer. Those would be something presented to the EDA. What would happen on the park dedication items, at the time of:final plat, they would collect the fees. On the other items, if they change the take down procedure, the Council will see some modifications to the phase 1 plat and at that point in time they would tie the number of units and the park dedication with the number of units being platted. Mayor Gamache wondered as they go through phase 1 and phase 2, are the roads going to be privately done by Bruggeman or will the City be constructing the roads. Mr. Berkowitz indicated it is a private install project and would be turned over to public. Motion by Knight, Seconded by Orttel, to approve the revised preliminary plat subject to the conditions of the attached resolution. ' o Councilmember Jacobson stated up in the corner of 140tb, that is not a public street, it is a private drive. Mr. Dickinson stated that is correct. Councilmember Jacobson asked if it is listed on the plans as private. Mr. Berkowitz stated they are all private driveways. Councilmember Jacobson wanted to make sure that the residents understand these are private driveways. Councilmember Trude stated in the Resolution, it talks about creating a separate lot of record between the rear yards oflots 1-10, block 2 and then the side yards oflots 11-33, block 2 and she wanted to know where that is at so they make sure it fits into what they have talked about. Mr. Neumeister stated the resolution is old from a year and month ago and that condition related to a common space area that was on the previous plan set. He stated there is no longer a common area easement back there. Councilmember Trude stated her concern is they gave them variances and indicated the project was designed efficiently and it preserved space to provide common open space and is used on every variance. She stated this was something that they talked about a lot and she wanted to make sure that the kids did not end up playing in the streets. Mr. Neumeister showed on the plans where the common open areas would be in the development. He noted each resident will own their own space so they will not have common open area Councilmember Trude thought they gave variances and spent a lot of time discussing this. With a PUD they have to get something back because they gave up everything in the code and she was a little worried that people will not have anywhere to go. o Mayor Gamache asked if they know how deep the size of the common space that is created in lot 1 is. Mr. Neumeister thought it would be about 35 to 40 feet in the smaller areas and would widen out to around 50 feet. Councilmember Knight stated the issue is there will be two different associations and he wondered who would be allowed to use the common open space. Councilmember Jacobson stated they talked about a wood chip trail and his understanding was they were going to have a six-foot wide wood chip o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 9 trail with some trees on each side and it could be used by anyone on the property and now suddenly it has disappeared. Mr. Neumeister stated that is not the case; he reviewed the video extensively and it was nowhere in the video or minutes. Councilmember Trude stated it is in the motion. Mayor Gamache stated it says "between the rear yards oflots 1 & 10, Block 2 and the side yards oflots 11- 33, block 2", so that could mean anything behind the red line. Councilmember Knight thought a common area would be for anyone to use but if it belongs to one association only, it is not a common area and belongs to those houses in that particular association. City Attorney Hawkins stated he assumed the plat they are talking about in Phase 2 is not the same and are different lots and blocks. He thought they may have changed the lots. Councilmember Trude thought they need to look at the original plat. Mr. Neumeister reviewed the original plat with the Council. o Councilmember Trude asked Mr. Hawkins that based on the drawing shown, the Council approved that plat a year ago to create the open area. Now as they come back to the Council, staff is saying that because the Council did not make a motion on it previously, the developer does not have to provide that but isn't it legally enforceable. Mr. Hawkins stated 1A in the Resolution from March 2005 does specifically set out that there was to be a separate lot of record between the lots described. He thought it was legally enforceable and he assumes the resolution was adopted. Mr. Neumeister stated the point for clarification; the wood cbip trail was not in the motion. The asking of the developer to create an outlot on the back of all the lots was a condition of the motion of approval and did get reflected in the resolution. It was required and he did not think the area had been final platted. Councilmember Trude thought the space is shrinking by half and the common open space was for granting all of the variances and she wondered if they are setting up a conflict. o Mr. Greg Schlink, Bruggeman Properties, 3564 Rolling Deer Drive, stated he recalls the conversation regarding the common open area. The intention is to provide a common area behind those lots for access by everyone. He thought the point that Councilmember Trude is making is a valid point as well. He thought because these units will be detached, people tend to view their yards more as private than they would if they units were attached. Their preference would be is he thought there is the potential for conflict between what people perceive as their private backyard and the townhomes behind. Their preference would be to keep that as a natural buffer between but he did not want to renege on the deal they made and they could live with that by an easement but he thought the point Councilmember Trude is making is a valid one and should be considered. It could create a conflict. Mr. Schlink thought they could move the line so that the wooded area remains in the attached town home area. As long as they can meet the setbacks, he wondered if that would be acceptable. Councilmember Jacobson wondered if it is their intention to have two associations or one when both o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 10 phases are done. Mr. Schlenk: stated they plan to have two. Councilmember Trude stated she iss very concerned there will be conflicts. Councilmember Jacobson stated under the new plan, on the west side of Martin Street, those townhouses will have enough green space and is not a problem. On the north side of l40th Avenue, they will be butting up to the park and he did not think there would be a problem with green space. Looking at the east side of Martin, if they were to go along with what the developer were saying, what are they injuring, they are close enough to the park on the north end. If they are looking for green space in the larger townhomes, they can go south of 13 9th or they can go to the north and there is a holding pond and green space there. There were originally more eight-unit townhomes and they were looking for more green space. In looking at it again there is enough green space still. Councilmember Trude stated this does not deal with the potential conflict between the single family homes and the townhomes. She wondered if the woods are going to be enough to buffer the two styles. Mr. Schlink stated the woods are already there and will not be removed. He thought he could come back and discuss with staff where the line should go. o Councilmember Knight withdrew his motion. Motion by Jacobson, Seconded by Trude, to table this item until the next regularly scheduled meeting. Motion carried unanimously. DISCUSS BUFFERING URBAN PLATS FROM RURAL NEIGHBORHOODS Community Development Director Neumeister stated this item is intended to provide an update of the Planning Commission discussion from April 25, 2006 and to seek additional direction from the Council on how to proceed. The Planning Commission was divided on whether this item needs to be added to the City Code. The discussion was further divided on whether a menu of requirements should be established or whether less specific language should be used. Councilmember Orttel thought this needs to go to a public hearing but he did not think they should have this be so specific. Council consensus was to have the Planning Commission conduct a Public Hearing. o CONSIDER ADVERTISEMENT SIGNS IN PARKS Community Development Director Neumeister stated the City Council is asked to consider approving the attached policy for the placement of advertising signs on the outfield walls of baseball fields in City Parks. o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 11 Mr. Neumeister discussed the information with the City Council Mayor Gamache stated the parks to be discussed are: Sunshine Park, Eveland Fields, and a future ball field at Andover Station North Park. Councilmember Knight asked who will make the signs. Mayor Gamache stated they are looking for one vendor to make all of the signs so they would be uniform in shape, color and look. o Councilmember Jacobson stated on the advertising policy, item 11, it says "the proceeds from the program shall be used to improve local park facilities utilized by local park associations." He stated the next draft is an agreement for leasing this space and it lists Andover Baseball, Andover Athletic and Andover Football. He wondered if they approve this that those three organizations would have the right to use ninety percent of the money they get and determine on their own what improvements it should be used on. Mayor Gamache stated the parks are still owned by the City but because the associations would be leading the way in selling the advertising, they would be using the profits to improve the fields they would be playing on. Mr. Dickinson thought they could use that for some of the maintenance items. He stated one of the reasons the City has a lease is because the City wants to be able to maintain the signs and to make sure City staff are the ones to install the signs on the fences in order to maintain the fences and keep them in good shape. Councilmember Jacobson asked Mr. Hawkins that once a sign is up, can the private organizations determine how to spend the money on their own. He wondered if this is the legal way to do this with a lease. City Attorney Hawkins stated unless there was something written in the lease, the association would have the right to spend it on anything that is authorized to be part of their association charter. Mr. Dickinson stated the Council could include in the lease a prove up as to how they are spending the ninety percent. Councilmember Trude thought issue 3 in the report handled this but it did not get transferred to the agreement. Motion by Jacobson, Seconded by Trude, to approve the proposed ball field advertising policy and direct staff to begin the code amendment process and review it with the City Attorney. Motion carried ummimously. o CONSIDER AMENDMENT TO CITY CODE/SCOREBOARD ADVERTISEMENT Community Development Director Neumeister stated the Andover Football Association has approached the City with a proposal to install an electronic scoreboard at Prairie Knoll Park. They o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 12 would like to sell advertising space on the scoreboard to help pay for it. Mr. Neumeister discussed the information with the City Council. Councilmember Jacobson assumed they would need a lease with the Football Association. Mr. Dickinson stated they would require a lease the same as the signs in parks. Motion by Orttel, Seconded by Jacobson. to direct staff to start the process of amending the City Code to allow advertising signs on scoreboards in City parks and work on the lease agreement with the different organizations. Motion carried llmmimously. SCHEDULE EDA MEETING Motion by Trude, Seconded by Jacobson. to schedule an EDA meeting at 6:00 p.m. on May 16, 2006. o Mayor Gamache indicated he would not be at the EDA meeting. Motion carried nmmimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration & City Department activities, community survey progress update, Legislative topics, meeting reminders and miscellaneous projects. MAYOR/COUNCIL INPUT (Action on Homes on Tulip and Andover Boulevard)) - Councilmember Jacobson wondered how they were coming on the homes to be taken down. City Attorney Hawkins stated it is in the hands of staff to hire contractors and have a court order to take down both homes. (Sign Code Issue) - Councilmember Trude asked on the sign code issue if staff wants a Council motion to table moving forward with the ordinance based on issues that came up. Mayor Gamache stated he has not signed it yet so a motion is not needed. o (Andover High School Read Across America) - Mayor Gamache thanked the Andover High School Book Club and he stated they did a very good job. Motion by Jacobson. Seconded by Knight, to adjourn. Motion carried unanimously. The meeting o o o Regular Andover City Council Meeting Minutes - May 2, 2006 Page 13 adjourned at 9:44 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary