HomeMy WebLinkAboutCC April 18, 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 - Tuesday, Aprill8, 2006
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (3/28/06 Workshop; 4/4/06 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Plans & Specs/Order Advertisement for Bidsl/05-15/ Andover Station North Ball Field
hnprovements - Engineering
4. Approve Change Order #2/03-1A/Prairie Knoll Park Lighting - Engineering
5. Approve Lease Agreement/Skate Park Equipment - Engineering
6. Receive 2005 ACD Annual Water Quality & Quantity Condition Report - Engineering
7. Accept Trail Easement/I st Regents Bank - Engineering
8. Approve Resolution Authorizing County Use of Easement/04-23IReconstruction of Hanson Blvd. NW &
Bunker Lk. Blvd. NW - Engineering
9. Approve Final Plat/Kensington Estates 7th Addition - Planning
10. Approve Renewal of 3.2% Malt Liquor On-Sale License /Woodland Creek Golf Course - Clerk
11. Amend Fee Ordinance No. 318 - Finance/Public Works
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Discussion Items
12. Receive Anoka County Sheriff's Department Monthly Report - Sheriff
13 . Award Bond Sales - Ehlers & Associates - Administration
14. Consider Various Code Revisions (Continued) - Planning
15. Consider Code AmendmentIRevisions to the Sign Code 12-13-8/Updating the Code (Cont.) - Planning
Staff Items
16. Schedule EDA Meeting - Administration
17. Schedule May Workshop - Administration
18. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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o Regular Andover City Council Meeting
Minutes - April 18, 2006
Page 10
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 18, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
ANDOVER HIGH SCHOOL BOOK CLUBS .......................................................................... 2
AGENDA APPROV AL.......................................................................................,..................... 2
APPROVAL OF MINUTES........................................................~.............................................2
CONSENT ITEMS
Approve Payment of Claims ........................,....................................................................... 3
Resolution R053-06 approving Plans & Specs/Order Advertisement for Bids/05-15/
Andover Station North Ball Field Improvements .......................................................... 3
Approve Change Order #2/03-1AJPrairie Knoll Park Lighting (RES, R054-06) ................ 3
Approve Lease Agreement/Skate Park Equipment.............................................................. 3
Receive 2005 ACD Annual Water Quality & Quantity Condition Report.......................... 3
Accept Trail Easement/l st Regents Bank............................................................................. 3
Resolution R055-06 approving Resolution Authorizing County Use ofEasement/04-23/
Reconstruction of Hanson Boulevard NW & Bunker Lake Boulevard NW...........,....... 3
Approve Final PlatlKensington Estates 7th Addition (RES. R056-06) ................................ 3
Approve Renewal of 3.2% Malt Liquor On-Sale LicenseIW oodland Creek Golf Course.. 3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received...... ....... ............. .............................................. ............ .................... ........................ 3
A WARD BOND SALES - EHLERS & ASSOCIATES
Motion to approve the Resolutions (RES. R057-06 & R058-06)......................................... 4
CONSIDER VARIOUS CODE REVISIONS (CONTINUED) (ORD. NO. 325)..................... 4
CONSIDER CODE AMENDMENT/REVISIONS TO THE SIGN CODE 12-13-8/
UPDATING THE CODE (CONT.)
Motion to approve (ORD. NO. 326) ..................................................................................... 7
SCHEDULE EDA MEETING ................................................................................................... 9
SCHEDULE MAY WORKSHOP ............................................................................................. 9
ADMINISTRATORS REPORT ................................................................................................ 9
MA YORlCOUNCIL INPUT
Mr. Sullivan's Signs.................. ............................ ............................. .................. ................. 9
Andover Recycle Day .........................................................................................................., 9
ADJOURNMENT ............................................................................................ .......................... 9
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CITY OF
NDOVE
REGULAR ANDOVER CITY COUNCIL MEETING -APRIL 18, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, April 18, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
CounciImembers present:
CounciImember 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
Mr, Chester Kopis - 1296 Crosstown Boulevard, wanted to complain about the pond that the
Hamilton's own. There is a lot of trash in it and the City left PVC pipe there when they put the lift
station in and the kids are dragging it onto the bike trail. Mr. Berkowitz stated the project is not yet
completed and they will be going back and cleaning it up.
Mr. Kopis also thought the speed limit should be reduced because there is alot of speeding going on.
Councilmember Trude wanted to thank Mr. Kopis for working with the City on allowing a trail in
front of their house because the kids really appreciate it and feel safer. Mr. Kopis also mentioned the
construction across the street from him has a lot of garbage flying around that he had been picking
up.
Mr. Winslow Holasek asked ifhis existing fence will be restored when the silt fence is removed for
the development. Councilmember Orttel asked if the fence was damaged when the silt fence was put
up. Mr. Holasek thought it was and that the construction workers attached the silt fence to his to
keep it up.
Mr. Mike Davis - 812 141 51 Avenue, stated he was at the meeting in regard to the code about front
porches. He hoped he could express interest in the community for this. He thought front porches
added to the neighborhood, reduced crime and increased the value of homes in the community.
CounciImember Trude stated she would like to discuss this further with Mr. Davis because the
proposed code revision did not create quality porches onto the front of their homes. She explained
some of the items that are in the revision.
o Regular Andover City Council Meeting
Minutes - April 18, 2006
Page 2
ANDOVER HIGH SCHOOL BOOK CLUB
Mayor Gamache introduced Sarah and Evan from the Andover High School Book Club.
Sarah and Evan made a presentation to the Council regarding the High School Book Club and
invited the Community to their May 1, 2006 meeting for a book signing event from one of the
authors they are reading.
Mayor Gamache read a proclamation declaring the Week of May 1,2006 as Read Across Andover
Week at Andover High School.
AGENDA APPROVAL
Remove from the Agenda Item 11, (Amend Fee Ordinance No. 318).
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
o carried unanimously.
APPROVAL OF MINUTES
March 28, 2006, Workshop Meeting: Correct as amended.
April 4, 2006, Regular Meeting: Correct as written.
Councilmember Trude asked in the Workshop minutes when they talked about the Community
Center and funding the kid's gym program. The minutes do not show it but she felt there was a
consensus from Council that they support using the two gyms for the after school programs. She
stated the issue of funding the purchase of equipment, the way it comes out in the minutes is that
they are going to seek some funding from outside sources first and then come back to them.
Councilmember Knight stated that was what he remembered.
Councilmember Jacobson stated in the Workshop minutes, on page four, second paragraph from the
bottom, the sentence should read "Councilmember Jacobson thought that they should find out if the
residents weala be are willing to pay mere additional money for. . .". He noted in the sixth paragraph
from the bottom he did not understand what the sentence should say. Mr. Dickinson stated they are
setting a baseline. Councilmember Jacobson asked if the word "baseline" could be added.
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Councilmember Jacobson stated on page nine, center of the page, revision 82, "ATV's and the R-2
through R-4 Districts 2.5 acres or less." He thought the rest of that sentence after less should be
deleted. Councilmember Trude stated the suggestion came from her. Councilmember Orttel thought
the rest of the sentence should be redirected to Councilmember Trude and left in the minutes.
Motion by True, Seconded by Orttel, approval of Minutes as indicated above. Motion carried
unanimously,
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Minutes - April 18, 2006
Page 3
CONSENT ITEMS
Item 2
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
Item 9
Item 10
Approval of Claims
Approve Plans & Specs/Order Advertisement for Bids/05-1 5/ Andover Station North
Ball Field Improvements (See Resolution R053-06)
Approve Change Order #2/03-1AIPrairie Knoll Park Lighting (RES. R054-06)
Approve Lease Agreement/Skate Park Equipment
Receive 2005 ACD AmlUal Water Quality & Quantity Condition Report
Accept Trail Easement/l st Regents Bank
Approve Resolution Authorizing County Use ofEasement/04- 23/Reconstruction of
Hanson Blvd NW & Bunker Lake Blvd NW (See Resolution R055-06)
Approve Final Plat/Kensington Estates 7th Addition (RES. R056-06)
Approve Renewal of 3.2% Malt Liquor On-Sale LicenseIW oodland Creek Golf
Course
Motion by Jacobson. Seconded by Orttel, approval of the Consent Agenda as read. Motion carried
o unanimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Sergeant Kevin Helwig, Anoka County Sheriff's Department, provided an update on law
enforcement activities occurring within Andover.
Councilmember Jacobson stated under the neighborhood patrol the hours are up a huge amount for
this month. as well as, the extra patrol hours for the CSO. He wondered if there is something going
on. Sergeant Helwig stated they are trying to place more emphasis on getting back into the
neighborhoods and have seen some results with the theft from mailboxes. He stated they are doing
this Countywide.
Mayor Gamache stated the area on 7th Avenue discussed is a concern, and he received a letter from
the PACT Charter School there. He wondered if there are any warning signs on 7th regarding school
zones. Sergeant Helwig noted there are not and they are trying to crack down on the school zone
speeding too.
AWARD BOND SALES - EHLERS & ASSOCIATES
Mr. Dickinson introduced Mr. Mark Ruffwith EWers & Associates who presented the results of the
City's sale of the following bond issues authorized at the April 4, 2006 Council meeting:
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$2,450,000 General Obligation (G.O.) Permanent Improvement Revolving (pIR.) Fund
Bonds, Series 2006A.
$460,000 G.O. Equipment Certificates, Series 2006B
o Regular Andover City Council Meeting
Minutes - April 18, 2006
Page 4
The sale opening will be at 10:00 a.m. on April 18th with consideration of the award of bid to be
forwarded to the Andover City Council at approximately 7:00 p.m. that evening.
Mr, Ruff stated the City has been upgraded from an A plus to an AA minus. He presented a plaque
to the City recognizing the rating upgrade.
Councilmember Knight thanked Mr, Dickinson and the staff for all of their work. Mr. Dickinson
recognized Mr. Lee Brezinka and the rest of the accounting staff along with department heads to
make the budget work.
Councilmember Orttel wondered if the rating is reflected in the interest rate of the bond sales. Mr.
Ruff stated it is.
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Motion by Jacobson, Seconded by Knight, to approve the Resolution accepting Proposal On Sale of
$2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A to
UMB Bank, N.A., Kansas City, Mo, for a true interest cost of 3.8442 percent. Providing their
Issuance, and Pledging Revenues for the Payment Thereof Special Assessments. Motion carried
nmmimously. (R057-06)
Motion by Trude, Seconded by Orttel, to approve the Resolution accepting Proposal On Sale of
$460,000 General Obligation Equipment Certificates, Series 2006B to UMB Bank, N.A., Kansas
City, Mo., Providing for their Issuance, and Levying A Tax for the Payment Thereof. Motion carried
unanimously, (R058-06)
CONSIDER VARIOUS CODE REVISIONS (CONTINUED)
Community Development Director Neumeister stated the Council is asked to adopt the proposed
amendments as well as summary ordinances that will be published in the Anoka Union.
Councilmember Jacobson stated, regarding the dirt bike/atv issue, he would be willing to allow them
in the two R-4 zones on 2.5 acres or less, in the winter when used for snow plowing and in the
summer when they are used for lawn maintenance. As long as they have a trailer or something
attached to it. Councilmember Orttel noted it would only be disallowed for recreational purposes.
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Mr. Neumeisternoted the change for this would be on page 17, where it is in bold. They would have
to put a qualifier in there that it is not prohibited as long as it is used for lawn mowing and snow
plowing purposes only. Councilmember Knight thought they should put in "yard maintenance and
snow plowing."
Revision #32
Councilmember Trude noted some of the comments where they want to see buffering in any
shopping center proposals and staff indicated they would work on that in a future code revision but it
o Regular Andover City Council Meeting
Minutes - April 18, 2006
Page 5
is not in this part of the book.
Motion by Jacobson, Seconded by Knight, to adopt Revision #32, Shopping Center Location and
Completion Requirements. Motion carried lInanimously.
Revision #35
Councilmember Trude thought this should apply to all comer lots where there is a home on the street
abutting. She did not think it should be limited to the short cul-de-sacs. She noted she had language
for this. On page eight, number four, "accessory structure located on the side or rear yard of comer
lots that are adjacent to a lot that fronts on a ei:ll de sae neil!hboring street shall be no closer to the
property line than the outside wall of the house." She stated this is the situation she was actually
referencing.
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Mr. Neumeister showed the Council drawings. He thought this revision only applied to houses on
the comer of short cul-de-sacs because ifit is a standard comer lot and every home on the side streets
lined up, the neighboring house will not be set back farther, which was the case they were trying to
avoid.
Councilmember Trude stated she has seen a lot of this on streets other than cul-de-sacs. She stated
she is fine with the change, but thought it applied to all comer lots and it is only an issue for
someone whose house is not at the setback.
Mr. Neumeister explained to the Council how on a short cul-de-sac an accessory structure can be in
front of the home and noted this would not happen on a normal comer lot because of the setback.
Mayor Gamache stated the outside of the house could be a setback issue where it is not set at thirty
five feet. Mr. Neumeister indicated that was correct.
Councilmember Trude stated the situation could develop where someone chooses to do something
that would make it difficult for a neighbor to sell their home.
Mayor Gamache stated in this ordinance change, it is a cul-de-sac, what would happen if it is not a
cul-de-sac and the street curved. He wondered if a person could put an accessory structure in front of
the neighboring home. Mr. Neumeister stated they could because it would be at the thirty-five foot
setback, Councilmember Orttel did not think they would allow a curve that would create this
problem.
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Motion by Orttel, Seconded by Trude, to adopt Revision #35, Setbacks for Accessory Structures.
Motion carried unanimously.
Revision #52
Councilmember Trude asked if the grandfathering clause is in the revision. Councilmember Orttel
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Minutes - April 18, 2006
Page 6
stated it is in the first revision. Councilmember Knight did not think they should take a start up farm
and put it in a different category than any others. Councilmember Orttel stated they did not want to
allow feed lots.
Motion by Jacobson. Seconded by Trude, to adopt Revision #52, Animals. Motion carried
unanimously.
Revision #68
Motion by Orttel, Seconded by Knight, to adopt Revision #68, Guesthouses. Motion carried
unanimously.
Revision #81
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Councilmember Trude did not know if this reV1S10n addressed the issue of yard lights.
Councilmember Jacobson thought street lights would be included in this so they need to be careful
about limiting light beams. Councilmember Trude thought it is how they look at the definition. She
does not like it when people have large backyard lights and do not aim them correctly. This will not
allow neighbors to make sure a light is not glaring in their house. Mr. Neumeister indicated there is
another section that covers this and it was discussed at the City Council W orksession.
Mr. Neumeister stated this revision is to prevent street lights from becoming non-conforming type of
lights. This revision waS just to clean up the ordinance.
Motion by Jacobson. Seconded by Orttel, to adopt Revision #81, Encroachments. Motion carried 4
ayes, 1 nay (Trude).
Motion by Jacobson. Seconded by Orttel, to adopt proposed Summary Ordinance that will be
published in the Anoka Union. Motion carried lmanimously. (ORD. NO, 325)
Revision #82
Councilmember Jacobson stated with what was discussed earlier, he moved the motion with the two
changes.
Motion by Jacobson to adopt proposed Revision #82, Dirt Bikes! A TV s.
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Councilmember Orttel stated he would like this clarified because there are a number of farms that
use them, Mr. Dickinson stated landscaping company's use these too and he assumes the Council
would want them included.
Councilmember Knight asked if the off-road motorcycle fit this category. He wondered where that
fit in the ATV ordinance. Councilmember Jacobson stated it would not fit his definition and not be
allowed.
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Minutes - April 18, 2006
Page 7
This motion was not voted on. Councilmember Jacobson asked staff to redmft the revision and have
it brought back to the consent agenda at the next meeting.
Mr. Neumeister stated the question they have is on page 17, in the bold area, Item C "Any area
within 500 feet or an existing house", going to be allowed to stand because there is a correction in
the minutes earlier making this suspect if the Council wanted it in there. Councilmember Jacobson
stated when he talked about this; he did not include Item C.
Councilmember Orttel thought they need some fine tuning on this. Councilmember Jacobson stated
he is not in favor of the five hundred feet. Councilmember Trude stated this is something that
residents brought up to the Council relative to dirt bikes. She stated ATVs do not make the noise
that dirt bikes do.
The Consensus of the Council was to eliminate Item C.
The Council also discussed hours of operation for Dirt Bikes, ATVs and Snowmobiles noting it
o should be limited to 8:00 am to 8:00 p.m.
CONSIDER CODE AMENDMENTIREVISIONS TO THE SIGN CODE 12-13-8/UPDATING
THE CODE (CONT.)
Community Development Director Neumeister stated a number of questions were raised during the
discussion of the sign code revisions at the Apri14th City Council meeting. Much of the confusion
was likely due to the fact that the definitions section was inadvertently omitted from the attached
ordinance.
Councilmember Jacobson stated under 12-16-7, item 6, "signs on vacant lots shall be limited to real
estate signs". He questioned staffbecause if someone owns a vacant lot, he thought a person should
be able to put up a political or other type of sign. He thought this was a freedom of speech issue.
Mayor Gamache thought it would be under the exception section.
City Attorney Hawkins stated he thought this would be crossing the free expression line.
Councilmember Jacobson thought they should delete item 6.
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Councilmember Jacobson stated item 7 says "all comer and double frontage lots will have two front
lot lines", which means technically they can have double the number of signs square footage. He
talked to staff about this and primarily the businesses buy double frontage lots so they can have more
than one sign. He noted it is ok to leave this in the ordinance but he wants the Council to know what
they were doing by leaving it in.
Councilmember Knight stated they are still not dealing with semi trailers sitting in a field unattached
advertising in the ordinance. He stated they are not differentiating between the different types of
signs and he is opposed to having semi trailers parked advertising on their side. Councilmember
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Minutes - April 18, 2006
Page 8
Trude agreed.
Mayor Gamache thought it was covered under the thirty day temporary sign code. Councilmember
Orttel thought semi trailer advertising would be prohibited in residential districts and he did not
know if it would be allowed in business districts.
Councilmember Trude thought they could add a section indicating "no such sign shall be allowed on
parked trailers". She thought it needed to be defined under the Temporary Sign Section.
Mr. Neumeister stated in Section 12-16-5, Signs Prohibited In All Districts, Item I, anything they
have that is not described in this section is prohibited, which would cover semi-trailers.
Councilmember Knight wondered why they cannot state "semi-trailers cannot be used for signage".
Mr. Neumeister stated they could include that.
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Councilmember Knight wondered under "Sign. Ball Field Advertising", he wondered why there is
wording indicating a sign cannot be displayed if the item is not offered on the ball field.
Councilmember Orttel did not think the last section should be in there.
Mayor Gamache thought this described the sign types. Mr. Neumeister stated the section that applies
is 12-16-9, Subsection 6. He stated this is a sign that needs to be regulated otherwise they would
have huge signs all over the field.
Mr. Neumeister thought they could just shorten up the definition to read"... that advertise a business
good or product." And take out "that is not sold". The Council agreed.
Mr. Neumeister noted they will still need a Conditional Use Permit for advertising on ball fields.
Councilmember Jacobson wondered under promotional signs if the ten days were part of the thirty
days for temporary signs. Mr. Neumeister stated it would be a total of forty days. Councilmember
Trude thought they should allow their businesses to do both types of advertising. Mayor Gamache
stated he is fine with forty days. Councilmember Jacobson stated he is not. Councilmember Orttel
thought they should be allowed forty days.
Motion by Orttel, Seconded by Trude, to adopt the proposed changes to the Sign Code as presented.
Motion carried 4 ayes, 1 nay (Jacobson). (ORD. NO. 326)
SCHEDULE EDA MEETING
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The Council is requested to schedule an EDA meeting at 6:00 p.m. before the May 2, 2006 City
Council meeting.
Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting at 6:00 p.m. on May 2,
2006. Motion carried lImmimously.
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Minutes - April 18, 2006
Page 9
SCHEDULE MAY WORKSHOP
Motion by Trude, Seconded by Jacobson. to schedule a Council Workshop for Tuesday, May 23,
2006 at 6:00 p.m. Motion carried lImmimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on administrative & city department
activities, Community Survey progress, legislative topics, meeting reminders and miscellaneous
projects.
Community Development Director Neumeister updated the Council on development activity in
the city.
MAYOR/COUNCIL INPUT
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(Mr. Sullivan's Signs) - Councilmember Jacobson asked Mr. Dickinson to calI Mr. Sullivan
regarding some signs that are still up in the city which violates their ordinance.
(Andover Recycle Day) - Mayor Gamache stated the recycling day is Saturday, April 22nd at the
Public Works Department.
Motion by Orttel, Seconded by Jacobson. to adjourn. Motion carried unanimously. The meeting
adjourned at 9: 11 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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