HomeMy WebLinkAboutCC April 4, 2006
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CITY OF
NDOVE
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, April 4, 2006
Call to Order - 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (3/21/06 Regular Meeting; 3/16/06 Council/Public Works Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Award Bid/06-3/2006 Crack Sealing - Engineering
4. Approve Final Plat/Cardinal Ridge/158th & Nightingale St. - Planning
5. Approve Final Plat/Stack's W oods/165th Avenue & 7th Avenue - Planning
6. Approve Updating Employee Personnel Policies - Administration
7. Approve Amendment #1 to Joint Powers Agreement for North Metro HighwaylO Corridor Coalition-
Administration
8. Establish an Absentee Ballot Board - Clerk
9. Approve Quotes/05-56/Northwoods East ParklFencing & Mow Strips - Engineering
10. Approve ATM Placement Agreement/Community Center - Administration
11. Approve Tobacco License/Andover Quick Stop/l 5825 - 7th Avenue - Clerk
Discussion Items
12. Call for Sale of Bonds - Ehlers and Associates - Finance
13. Hold Public Hearing/Order Plans & Specs/Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal
Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) - Engineering
14. Hold Public Hearing/Order Plans & Specs/05-l1ffulip Street NW - Engineering
15. Consider Variance/Parking Setback/3480 Bunker Lake Boulevard NW - Planning
16. Consider Variance/Setback Requirements/5159 1 59th Avenue NW - Planning
17. Consider Code Amendment/Allowing New and Used Vehicle Sales as CUP in Industrial Zone/Adding
Licensing Requirements - Planning
18. Consider Code AmendmentlRevisions to the Sign Code 12-13-8/Updating the Code - Planning
19. Consider Coon Creek Watershed District Appointment - Engineering
Staff Items
20. Schedule EDA Meeting - Administration
21. Administrator's Report - Administration
Mayor/Council Input
Adjournment
o Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 17
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 4, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGJENCE................................................ .............. ....................................... 1
RESIDENT FORUM .............................................................. ................................................... 1
AGENDA APPROV AL...................................................................... ....................................... 2
APPROVAL OF MINUTES ...................................................................................................... 3
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Resolution R043-06 awarding Bid/06-3/2006 Crack Sealing.............................................. 2
Resolution R044-06 approving Final Plat/Cardinal Ridge/l 58th & Nightingale Street....... 2
Approve Amendment #1 to Joint Powers Agreement for North
Metro Highway 10 Corridor Coalition............................................................................ 3
Resolution R045-06 establishing an Absentee Ballot Board ............................................... 3
Approve Quotes/05-56/Northwoods East ParklFencing & Mow Strips.............................. 3
Approve Tobacco License/Andover Quick Stop/15825 _7th Avenue................................. 3
CALL FOR SALE OF BONDS - EHLERS AND ASSOCIATES
Motion to Approve (RES. R046-06 & R047-06)................................................................. 3
HOLD PUBLIC HEARING/ORDER PLANS & SPECS/WOODLAND CROSSINGS
(05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ANDOVER
STATION BALL FJELD IMPROVE:MENTS (05-15)
Motion to approve (RES. R048-06)..................................................................................... 3
HOLD PUBLIC HEARING/ORDER PLANS & SPECS/05-11!I1JLIP STREET NW
Motion to approve (RES. R049-06) ..................................................................................... 5
CONSIDER V ARIANCE/P ARKING SETBACK/3480 BUNKER LAKE BOULEVARD
NW
Motion to approve (RES. R050-06)..................................................................................... 8
CONSIDER VARIANCE/SETBACKREQUIREMENTS/5159159TH AVENUENW .
Motion to approve (RES. R051-06)..................................................................................... 9
CONSIDER CODE AMENDMENT/ALLOWING NEW AND USED VEmCLE SALES
AS CUP IN INDUSlRIAL ZONE/ADDING LICENSING REQUIREMENTS
Motion to approve (ORD. NO. 324 & ORD. NO. 325)....................................................... 10
CONSIDER CODE AMENDMENT/REVISIONS TO TIIE SIGN CODE 12-13-8/
UPDATING TIIE CODE
Motion to send back to staff.................................................................................................. 11
CONSIDER COON CREEK WATERSHED DISTRICT APPOINTMENT............................ 13
APPROVE FINAL PLAT/STACK'S WOODS/165TH AVENUE AND 7TH AVENUE
Motion to approve (RES. R052-06)..................................................................................... 13
APPROVE AIM PLACEMENT AGREEMENT/COMMUNITY CENTER
Motion to approve .................................................................. ..................... .......................... 15
SCHEDULE EDA MEETING ................................................................................................... 15
ADMINISTRATORS REPORT ................................................................................................ 15
o Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 18
Regular Andover City Council Meeting Minutes - April 4, 2006
Table of Contents
Page ii
MAYOR/COUNCIL INPUT
Screening Ordinance... .......................... .......................................... ...................... ...... .......... 16
Grace Lutheran Church Portable Classrooms ....................................................................... 16
League of Minnesota Cities Meeting .................................................................................... 16
ADJOURNMENT...................................................................................................................... 16
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REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 4, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, April 4, 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 Ortte!, 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
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RESIDENT FORUM
Mr. Bill Sikora. 17800 Universitv Avenue N.W. - stated he would like to poll the Council on the
idea of waiving a park dedication fee for a property split. His family owns two houses on the same
piece of property. He stated the circumstances were not created by them; they were created by City
incorporations. He felt a park dedication fee would be detrimental to the effort of dividing the
houses to make them meet City Code.
Mr. Sikora stated he would create one new lot around the existing new house. He indicated this
would be an administrative lot spit.
Mayor Gamache asked how much more land Mr. Sikora has. Mr. Sikora indicated his family owns
160 acres.
Councilmember Trude wondered if Mr. Sikora is doing the split to sell the home. Mr. Sikora stated
he is not.
Councilmember Jacobson did not think there was anything in the ordinances that indicated they
could forgo those fees on a lot split for him. City Attorney Hawkins stated if they waive the fee, they
would be setting a precedent.
Councilmember Trude wondered if this was a situation where it really is not a variance, he is asking
for the fee not to be applied because there is no new home being constructed. City Attorney
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Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 2
Hawkins stated he did not realize there were already two houses on the one parcel. He thought under
the circumstances, he did not believe the park dedication fee would apply.
The Council thought staff should discuss this with Mr. Sikora and the City Attorney and have the
split done administratively.
AGENDA APPROVAL
Remove from the Agenda Item 6, (Approve Updating Employee Personnel Policies). Remove from
Consent Items for discussion Items 5, (Approve Final Plat/Stack's Woods/165th Avenue & 7th
Avenue); and Item 10, (Approve A 1M Placement Agreement/Community Center).
Motion by Trude, Seconded by Orttel, to approve the Agenda as amended above. Motion carried
unanimously.
o APPROVAL OF MINUTES
March 21,2006, Regular Meeting: Correct as amended.
March 16, 2006, Council/Public Works Workshop Meeting: Correct as written.
Councilmember Trude stated on page five in the motion, she asked Councilmember Jacobson if the
motion he made was worded correctly. Councilmember Jacobson indicated it was.
Councilmember Trude stated on page 7, second paragraph from the bottom, she was talking about
park safety; the last sentence would be more properly worded as "she noted parents are more
concerned about visibility of parks as a safety issue than they used to be." Page 9, paragraph 7, on
the transportation hazardous issues bill, she was talking about a bill Representative Kathy Tinglestad
introduced. It is on "Student Transportation in Hazardous Areas".
Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Orttel).
Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Jacobson).
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CONSENT ITEMS
Item 2
Item 3
Item 4
Approval of Claims
Award Bid/06-3/2006 Crack Sealing (See Resolution R043-06)
Approve Final Plat/Cardinal Ridge/1581b & Nightingale Street (See Resolution R044-
06)
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Minutes - April 4, 2006
Page 3
Item 7
Approve Amendment #1 to Joint Powers Agreement for North Metro Highway 10
Corridor Coalition
Establish an absentee Ballot Board (See Resolution R045-06)
Approve Quotes/05-56/Northwoods East ParklFencing & Mow Strips
Approve Tobacco License/Andover Quick Stop/15825 _7111 Avenue
Item 8
Item 9
Item 11
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
CALL FOR SALE OF BONDS - EHLERS AND ASSOCIATES
City Administrator Dickinson indicated as part of the 2006-2010 Capital Improvement Plan (CIP)
the City contemplated the issuance of bonds for various public improvements and equipment
purchases. This item initiates that process.
Mr. Todd Hagen reviewed the presale reports with the Council.
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Councilmember Trude wondered how the A-plus rating compares to other cities around them. Mr.
Dickinson stated they do compare very well to the other communities.
Motion by Jacobson, Seconded by Knight, to approve the Resolution providing for the Sale of
$2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A.
Motion carried unanimously. (RES. R046-06)
City Engineer Berkowitz explained the City Council is requested to hold a public hearing for
Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station
North BaIl Field Improvements (05-15) and to order the plans and specifications for the proposed
improvements.
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Mr. Berkowitz discussed the staff report with the City Council.
Councilmember Trude stated she was reviewing the feasibility study and she noticed there are some
retaining walls that will be constructed as part of Woodland Crossing's project across from a
ponding area and she did not remember that coming up earlier. She wondered if this was going to be
adjacent to a pond or wetland. Mr. Berkowitz stated there are storm water ponding areas that will
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Minutes - April 4, 2006
Page 4
require a retaining wall in order to meet the 4 to 1 maximum slope requirement.
Councilmember Trude wondered ifthere was a mechanism in place to maintain this long term. Mr.
Berkowitz stated there is.
Councilmember Trude wondered if this will be a hazard for children in the neighborhood that they
need to be concerned with. Mr. Berkowitz stated the wall is not that high, only about three feet in
height. It was intended to prevent that exceeding the 4 to 1 slope.
Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:33 p.m. Motion carried
unanimously.
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Mr. Scott Allen, 15873 Linnet Street NW, stated he has looked over the feasibility report the City
provided to him and he has no problem with it but ifhe is not ready to develop any of his land at this
time, would it be safe to assume that once he does decide to sell a lot that the assessments for that lot
would be due when the lot split application is approved by Council. Councilmember Jacobson stated
a lot split can be done once every three years rather than platting. Mr. Dickinson stated if Mr. Allen
has four potential additional units, ifhe split one lot, would the entire assessment come due at that
time or would just one lot assessment come due.
Councilmember Trude wondered what City policy is. She thought an assessment comes due when
the owner starts to access the property the assessment is attached to. Mr. Berkowitz stated when
platted or subdivided, which a lot split is a subdivision, it is required to payoff the deferred or
pending assessments on that property.
Councilmember Trude indicated interest accumulates from the date of the bond or whenever the
obligation begins. Mr. Berkowitz stated that is correct.
Councilmember Trude thought the assessment for the four lots would probably exceed the price he
could get for one lot so the issue would be if it is economically feasible to do.
Councilmember Orttel stated if it was platted, assessments would be paid only on the part that was
platted, not the entire property. He wondered if this assessment is being deferred. Mr. Berkowitz
indicated it is.
Councilmember Knight stated if Mr. Allen paid the assessment on the one piece he is splitting, he
has to pay for all the other ones also. Mr. Berkowitz indicated that is correct. Councilmember
Knight stated this would be forcing the development on all of the pieces of land.
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Councilmember Trude stated this would force enough to cover the cost otherwise the City is holding
the bag which could be indefinitely. Mr. Allen stated he is willing to pay the assessments but he
would like to pay them as he did them, otherwise he would not be able to pay them all upfront.
Mr. Dickinson stated once the assessment roll is adopted, the development would start making
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Minutes - April 4, 2006
Page 5
payments on the assessment over the next five years on the individua1lots. \\Then they sell a lot to a
builder, the whole assessment is paid off.
Councilmember Orttel wondered if they are lumping one assessment onto Mr. Allen's lot and not on
the four potential lots. Mr. Berkowitz stated that is correct. Councilmember Orttel stated if Mr.
Allen has four separate lots now, when he sold one, he would only need to payoff the one
assessment if deferred as opposed to the one large assessment.
Councilmember Trude thought this was a public policy issue and they will see this happen more and
more. She thought any decision they made regarding Mr. Allen's property, the same would apply to
Mr. Putnam.
Councilmember Trude asked if they could have a policy discussion at a workshop.
Motion by Jacobson, Seconded by Trude, to close the public hearing at 7:42 p.m. Motion carried
unanimously.
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Mayor Gamache stated he did have a question regarding the Woodland Crossing feasibility report
and the letter from Byron Westlund. One issue he had was in regard to the street signs. Mr.
Berkowitz stated they have a policy in place that the developer can go out and have an outside
contractor put up the street signs or the developer can contract with the City to put up the street signs.
He stated the signs will be the city's and they need to meet the city standards.
Councilmember Orttel stated Mr. Putnam. has a concern with the frontage on his property and being
required to mow that because the area is now considered urban. He wondered what needs to be
done. He thought the City would mow the curb but he did not know how to address Mr. Putnam's
concerns. Mr. Berkowitz stated he met with Mr. Putnam and they recommended that the City would
mow that area along the street. He gave Mr. Putnam. the ordinance and indicated that if there were
complaints in the future the area would have to be mowed.
Motion by Jacobson, Seconded by Orttel, to approve the resolution ordering the improvements of
Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20), adjacent parcels &
Andover Station North. Ball Field Improvements (05-15). Motion carried unanimously. (RES. R048-
06)
Councilmember Trude stated she noticed none of the developers proposed an entrance monument
sign. to name the area and whichever developer puts the sign. out, that area of the city will probably
take on that name.
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HOLD PUBLIC HEARING/ORDER PLANS & SPECS/05-11/TULIP STREET NW
City Engineer Berkowitz stated the City Council is requested to hold a public hearing for street
improvements for Project 05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW
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Minutes - April 4, 2006
Page 6
and to order the preparation of plans and specifications for the proposed improvements.
Mr. Berkowitz discussed the staff report with the Council.
Councilmember Jacobson indicated he has a conflict of interest with this item and would step down.
Councilmember Trude wondered if there will be any impact to Pine Hills Park this summer. Mr.
Berkowitz stated they will maintain access to the park. The road will be closed during construction
of the road and the residents will be accommodated for access to and from their homes during that
time.
Motion by Knight, Seconded by Trude, to open the public hearing at 7:54 p.m. Motion carried
llmmimously.
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Mr. Jim Olson, 16658 Wren Court, stated in looking at the project costs he noticed the proposed
assessments do not equal the total costs of the project and he wondered where the rest of the money
comes from to do the project. Mr. Berkowitz stated Tulip Street is a designated State Aid Route in
Andover. They receive State Aid money through the gas tax. Every year they put together a Capital
Improvement Plan and identify where the State Aid dollars will be spent. One of the areas identified
in this year's CIP was Tulip Street. This project was brought to the Council in 1994. The corridor is
a State Aid Route and important to transportation and due to the impact to the area, traffic volumes
will only increase in the area They have extensive maintenance issues when it comes to gravel roads
so when they get an opportunity to pave a gravel road, they do that.
Mr. Olson wondered how the assessments were arrived at for the $4,800 per lot. Mr. Berkowitz
stated they looked at similar projects and a reasonable assessment for the street improvement. They
sat down with the residents in that area to figure out what a reasonable amount for a road
improvement would be.
Mr. Olson stated this is really not a reconstruction of a road, it is a new street and he wondered if
when a new road is put in, it is assessed to the people who would be benefiting from it. Mr.
Berkowitz stated that was correct. He explained how they came up with the assessment amount.
Councilmember Trude indicated they looked at some of the overlay projects in other parts of the city
and they looked at what people will be assessed for the concrete curb in front of their homes and that
is where they got the $4,800 for 2.5 acre lots. The smaller rura1lots in the past year have been
averaging the other sum of money and the money in the project is very comparable to what the tax
payers are paying for some overlays in other areas of the city.
o Councilmember Trude stated with the number of accidents and as the community continues to grow
she thought it was embarrassing to have a major road continue to be a dirt and gravel road with all
the hills and dips so the use of State Aid funds to get a North/South paved road made sense to her as
a policy maker. Mr. Olson disagreed and did not see how it was fair to assess people $4,800 for curb
and gutter and then assess other property owners the same for a completely new street. He did not
o Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 7
think there was any logic to it.
Councilmember Orttel noted State Aid Streets are meant to be thorough fare highway type streets so
there is a downside to having that in front of your home. It is hard to justify assessing somebody for
something that really does not improve their property. The feeling is that with installing concrete
curb and gutter, there really is some improvement to the property by the street going through. He
stated the concept is that this will be a main road to get people through the city.
Mr. Olson stated Meadow Creek School is only being assessed for two lots and he thought that was
an awful big area. The bulk of the assessment is for the intersection improvement and he did not
think that was fair. Mr. Berkowitz showed the feasibility report and explained how they figured the
assessment for the school.
Mr. Olson wondered how the City acquired the park property next to Tulip Street. Ms. Bonnie Dehn
indicated it was a tax forfeit property.
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Ms. Bonnie Dehn. Tulip Street, stated they have a lot of traffic in the middle of the night. She noted
the longer they take to improve this road. the more it will cost. She hoped this will take care of the
speeds and traffic on the road.
Mr. Jim Jones, 16134 Tulip Street, thought the road needs to be assessed a little more. He stated the
road is a 55 mph road up to 161 st Avenue and if this road is not put up to the standards that the State
requires, with the curves straightened out and people still driving 55 there will be accidents because
the road will not keep them on there. He thought something needs to be done. He thought there
should be some street lights put on the road.
Mr. Jones noted another issue is the drainage ditch. He stated it caved in when they tried to put the
stop light on the comer of Round Lake Boulevard and County Road 20.
Mr. Jones wondered if the speed limit will remain at 55 mph. Mr. Berkowitz indicated the
Commissioner of Transportation sets the speed limits on County roads. There are mechanisms out
there to deter speeding. He noted after the road is reconstructed. they will have a speed study done
and he hoped the speed limit will be set at 35 mph or around that.
Mr. Don Jacobson, representing Meadow Creek Christian School, stated this is going to be a school
and they will be requesting school speed zones so that should help cut down on speeding on this
road.
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Mr. Pat Hanle, 16236 Tulip Street, stated a school zone is used only about an hour and a half a day
and does not have a bearing on anything.
Ms. Lorna Erickson, 2435 1 66th Avenue NW, stated she realized a school will be there along with a
park across the street and she wondered if there will be park improvements and who will pay for
those assessments. Mayor Gamache thought the only improvements going in there will be a tennis
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court but the park would not be assessed.
Ms. Erickson wondered how wide the street will be. Mr. Berkowitz stated it will be 35 feet. Ms.
Erickson wondered how many kids will be walking and how many kids will be bused to the school.
Mr. Berkowitz stated at this time, they do not know because it is a private school.
Mr. Winslow Holasek wondered if the City will be assessed for the outlot on Tulip Street. Mr.
Berkowitz stated this is considered park property and will be paid with State Aid money.
Councilmember Orttel thought the outlot was taken from the County in case they needed to
straighten out the road in the future. Ms. Dehn stated it was taken for road straightening and not park
land. Mr. Berkowitz stated they will take a look at it to see what it is designated as.
Mr. Holasek wondered if this was not City property and belonged to Meadow Creek Christian
School, would they need to pay the assessment on it. Mr. Berkowitz stated the property is not
buildable and would not be assessed. It is delineated as a wetland area and would be considered
unbuildable.
Motion by Trude, Seconded by Orttel, to close the public hearing at 8:20 p.m. Motion carried
unanimously.
Motion by Orttel, Seconded by Trude, to approve the resolution ordering the improvement of Project
05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW and authorize staff to
negotiate easements and right-of-way needs with adjacent property owners. Motion carried 4 ayes, 1
present (Jacobson). (RES. R049-06)
Motion by Orttel, Seconded by Trude, to authorize staff to negotiate land from Meadow Creek
Christian School and the Dehn Family for acquisition of rights of way as needed. Motion carried 4
ayes, I present (Jacobson).
CONSIDER VARlANCE/PARKING SETBACK/3480 BUNKER LAKE BOULEVARD NW
Community Development Director Neumeister explained Mr. Gerald Mazzara has applied on behalf
of Joy Boehland to vary from parking lot setback requirements on a vacant property near the
intersection of Bunker Lake Boulevard and Rose Street NW. The vacant lot was recently split from
the larger lot across Rose Street to the west, which contains an office building.
Mr. Neumeister discussed the information with the Council.
Motion by Knight, Seconded by Trude, to approve the proposed variance based on the fact that
Anoka County bisected the property when Bunker Lake Boulevard frontage road and Rose Street
NW were constructed. As a result, the development potential of the property was reduced and the
site now borders a public street on three sides of the property. The variance will allow reasonable
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Minutes - April 4, 2006
Page 9
use of this commercial property and allow the site to provide adequate parking for the proposed
building.
Mr. Mazzara indicated he was at the meeting to answer questions. He showed the site plan and
building elevations to the Council.
Motion carried unanimously. (RES. R050-06)
CONSIDER VARlANCElSETBACK REQUlREMENTS/5159159TH AVENUE NW
Community Development Director Neumeister stated this property is among those declared
Hazardous Structures by the City Council. The applicant, Mr. Pete Crosby, has purchased the
property and is rehabilitating the house.
Mr. Neumeister reviewed the staff report with the Council and showed photos.
Councilmember Jacobson stated at the Planning and Zoning meeting a neighbor had a concern about
the garage going in closer to the lot line because she has a well back there and she was wondering
how she would get back in there if they need to service it. He wondered if the issue was resolved.
Mr. Neumeister thought the Planning Commission indicated it was her issue to deal with and would
need to work with this property owner to get a right to trespass in order to maintain her well through
his property because as he understood, it was almost impossible to get to the well except through this
property.
Mr. Pete Crosby, Champlin, stated the neighbor has already replaced her well so he did not think
there would be a problem.
Motion by Orttel, Seconded by Knight, to approve the request for the variance.
Councilmember Jacobson asked the Council to consider a fifth point. He stated in the letter from the
DNR, they suggested there be some plantings on the back side to improve screening of the site.
The Council discussed possible screening on the property with the applicant.
Councilmember Jacobson suggested the wording stated "Plantings on the river side per City Forester
and State DNR request".
Councilmember Orttel thought the wording was open ended. Councilmember Trude suggested "The
City Forester will review the site and make recommendations for some screening from the river".
Councilmember Orttel suggested "The Forester will make a recommendation for increased screening
along the river".
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Motion carried ummimously. (RES. R05l-06)
CONSIDER CODEAMENDMENT/ALLOWING NEW AND USED VEHICLESALESAS CUP
IN INDUSTRIAL ZONE/ADDING LICENSING REQUIREMENTS
Community Development Director Neumeister stated the Council is asked to review the proposed
ordinance amendment that was previously discussed at the February 7, 2006 Council meeting.
Mr. Neumeister discussed the information with the City Council
Councilmember Trude stated on the first page of the ordinance, item "c" inventory, is referring to the
weight and the word "rating" was dropped and should be added. She also noted on item "h" there is
a word that is wrong and should read ''the estimated value of improvements to the licensed property
shall exceed the estimated land mark-et value of the license property", which fits the staff report.
Councilmember Trude thought the Planning Commission did a wonderful job with this ordinance.
Councilmember Knight wondered if the proposed sign code will have any effect on this and would
trailer signs be allowed on this piece. Mr. Neumeister stated the temporary signs are allowed on
every site in town. The sign code would allow for temporary signage up to thirty days per year.
Councilmember Jacobson stated used vehicle sales would be permitted under a conditional use if this
is passed in two areas of the City. One would be Hughs Industrial Park and the other would be down
in the area of Bunker and Hanson. Mr. Dickinson stated it would also include Westview Industrial
Park.
Councilmember Jacobson stated right now they can have new car sales allowed in GB but it is
conditional and allowed in industrial areas. Mr. Neumeister stated new car sales are allowed in GB
and conditional for use in GB and nothing is allowed in Industrial.
Councilmember Jacobson wondered if they want to authorize used car sales in Andover at all
because right now anyone can sell cars on the internet and they can be parked anywhere. He stated
because they have had problems with automotive businesses here in the past, he was not sure if they
should have used car lots in the City.
Mayor Gamache thought with all of the work they have put in here, the building needs to be relative
to the land value and someone will have to put a lot of money in to make this work for them and he
did not think they would see what they had in the City in the past. He thought the owner of the auto
sales business will put in a lot of time and effort to meet what they have put into this ordinance.
Councilmember Jacobson thought when they sent this to the Planning Commission they asked them
to take a look at the issue and they came back with all the rules and regulations. He thought at that
time the Council had not decided whether they wanted to allow it or not. Councilmember Trude
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Minutes - April 4, 2006
Page 11
thought the direction was a little different and that if they were going to consider this then they
wanted to have it strict to prevent the types of concerns they had in the past. As she looked through
this she thought it addressed those concerns.
Mr. Joe Brabant, 16351 Gladiola Lane NW, stated State Regulation require you to have a dealer
license if you sell and register more than five vehicles in your name in a year, even on the internet.
He stated he would like to see an additional item put into the regulations under item 3-8-7(c),
Inventory; change the wording to ''vehicles allowed to be sold and stored on-site shall be limited to
title-able motor vehicles with a gross vehicle weight rating up to 12,500 lbs." He indicated this will
keep out things that are not title-able such as tractors. He stated he is very happy with this.
Mr. Brabant explained he would also like to see that hang tags be permitted inside vehicles only and
also signs that are required by the State such as the "as is" sticker. The Council indicated they would
not have a problem with that.
Councilmember Trude stated maybe it should read "all signs posted shall be inside the vehicle."
Mayor Gamache suggested taking out item 3-8-8(g) 1.
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Mr. Neumeister read the proposed wording under the sign code related to this.
Motion by Knight, Seconded by Trude, to approve the proposed ordinance amendment with
exceptions discussed. Motion carried 4 ayes, 1 nay (Jacobson). (ORD. NO. 324)
Motion by Trude, Seconded by Orttel, to amend the fee schedule to create a fee of $105 for this
conditional use. Motion carried unanimously. (ORD. NO. 325)
CONSIDER CODE AMENDMENT/REVlSIONS TO THE SIGN CODE 12-13-8/UPDATING
THE CODE
Community Development Director Neumeister stated as part of the ongoing project to update the
Zoning Code, staff has been working on updating the sign code. The goal of the proposed changes is
to modernize the code, which has remained largely unchanged since the 1970' s, to clarify unclear or
contradictory sections, and to establish a more defined set of performance standards.
Mr. Neumeister discussed the information with the City Council.
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Councilmember Jacobson asked if he parked a trailer sign in a residential area and he is an
institutional use, how long it could be left there. Mr. Neumeister indicated it would be a temporary
sign for promotion purposes and could be left for a maximum of 30 days per years.
Councilmember Jacobson asked for clarification on page 6, item "e". It talks about area
identification signs including off-site signs being permitted in all districts and then down in item
"e3" it says "a sign shall not be included in the total signage permit for the property on which it is
o Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 12
located". Mr. Neumeister stated each site can have their own business sign. An area identification
sign is much larger and does not count toward the individual sign.
Councilmember Orttel believed that is correct but needs different wording. Councilmember Trude
thought better wording would be "the portion of the sign that identifies the area should not be
deducted from the tenant's allocation of signage".
Councilmember Knight asked ifbillboards are listed and semi-trailers with signage on them. Mr.
Neumeister stated billboards are prohibited and he thought semi-trailers eluded the code.
Councilmember Knight thought they needed to add these to the code. Councilmember Trude
wondered if they want these types of signs in Andover. Councilmember Orttel did not know how
they could prohibit it.
Mr. Neumeister indicated in the main code book under Institutional Signs it states "a sign and/or
leader board that identifies the name and other characteristics on an institutional use located within
designated zoning districts and allowed by this title, Institutional signs shall contain no
advertisement, i.e. include churches, schools, sanitariums, hospitals, governmental buildings and
o nursing homes." Councilmember Orttel stated this is institutional only and not the problem.
Councilmember Orttel thought they could say "mobile advertising devices are prohibited or need to
have a special use."
Mr. Neumeister read from the code a list of all prohibited signs.
Mr. Bob Whitney, 2520 166th Avenue, stated he wanted to make sure Boy Scout trailers parking in
residential are not somehow banned.
Councilmember Jacobson stated he sees a lot of signs on electrical poles and fences which are
supposed to be prohibited. He wondered what enforcement the City has. Mr. Neumeister stated the
City does take them down if they are in the right-of-way.
Mayor Gamache stated on item 12-16-4, it covers election signs. If read correctly, election signs are
permitted on any private property which means election signs can be affixed to a fence on private
property. Mr. Neumeister stated as long as they are on private property it is ok. Councilmember
Jacobson stated there is also a timeframe.
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Councilmember Jacobson stated in item 12-16-4, c-1, individual signs do not exceed 3 square feet
and he thought most election and real estate signs are 2x4. Mr. Neumeister stated these are within
parking lot areas and do not apply.
Councilmember Trude stated she would like to see electronic billboard signs not having pulsating
words because it is very distracting, especially at night.
Councilmember Jacobson stated under 12-16-5, signs prohibited in all districts,"g" says billboards,
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Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 13
are they outlawing all billboards within Andover. He wondered iflegally they could outlaw them in
the City. He wondered if this would open them up to lawsuits. City Attorney Hawkins stated he
would check on this for the Council and ifhe saw some problems, he would let them know.
Motion by Knight, Seconded by Orttel, to send this item back to staff for revisions. Motion carried
lImmimously.
CONSIDER COON CREEK WATERSHED DISTRICT APPOINTMENT
City Engineer Berkowitz stated this item is in regard to recommending to the Anoka County
Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek
Watershed District.
Motion by Jacobson, Seconded by Knight, to re-submit a letter to the Anoka County Board of
Commissioners recommending Deric Deuschle to be appointed to the Coon Creek Watershed
District. Motion carried unanimously.
APPROVE FINAL PLAT/STACK'S WOODS/165TH A VENUE & 7TH A VENUE
Mr. Berkowitz stated the City Council is asked to approve a final plat for Stacks Woods. The
final plat is found to be in compliance with the preliminary plat and applicable ordinances.
Mr. Berkowitz explained a condition of the preliminary plat required a determination at the time
of final plat of whether a trail or trail right-of-way will be required along this street. The City's
Trail Plan does not show a regional trail along this collector route. If a trail is required the cost
of the trail would be required to be paid by the developer in addition to the per lot trail fees that
are already required. The proposed 66 foot wide right-of-way is sufficient to build a trail. No
additional right-of-way is necessary.
Mr. Berkowitz reviewed the information with the Council.
Councilmember Trude thought a trail on the south side of 165th entirely within the plat area
would allow the residents to do a loop walk and stay off the road because it is not connected to
anything except the two residential streets. She thought that would be something to benefit the
homeowners in the plat and not the regional trail system.
Councilmember Orttel thought they only took the right-of-way for a trail and indicated they
would build a trail later when they extend the regional trail system.
The Council discussed with staff what was previously discussed regarding the trails in the plat
and connecting them.
o Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 14
Motion by Trude, Seconded by Knight, to approve the attached resolution approving the final
plat with conditions adding number 8, the developer shall construct a trail along the south side of
165th Avenue within the plat along lot 1 and lot 6, Yakima Street and Ventre Street, to create a
recreational trail loop if feasible after working with the City Engineer.
Councilmember Trude also wanted to add item 9, Ordinance 12-13-5 requiring screening along
165th Avenue shall also be met with planting approved by the City Forester. Councilmember
Orttel believed their contract with the developer was at the Preliminary Plat stage and they could
not change things now. Councilmember Trude indicated this is in reference to the code and they
reserved the trail issue. City Attorney Hawkins stated he was concerned with adding additional
requirements. He did not think they could be doing this. Councilmember Trude stated she
would not add item 9 but wanted to include item 8 in the motion.
Councilmember Orttel thought those lots were at the minimum and wondered what they would
do about that. Mr. Berkowitz stated they would have to look at the design to see if the trail could
be placed with the right-of-way but the intent would be to construct the trail within the 33 foot
right-of-way.
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Councilmember Orttel thought it would be better to have a trail that went north and south where
it could connect in the future. That way they could get some use out of it. He did not think the
loop was that important compared to the future of having a decent trail system.
Councilmember Jacobson stated he was going to vote no on this because he thought the trail
should go north/south to provide future trails to the south.
Motion failed 2 ayes, 3 nays (Gamache, Orttel, and Jacobson).
Motion by Jacobson, Seconded by Knight, to adopt the attached resolution approving the final
plat with an addition of the trail which would be on Block 2, Lots 4, 5 and 6 and Block 1, Lot 4.
Councilmember Trude wondered if this trail would be maintained in the winter. Mr. Berkowitz
stated all city trails are maintained and plowed. Councilmember Orttel thought there should be
provisions where they could waive that in some areas because no one would use this trail in that
short of distance in the winter.
Motion carried unanimously. (RES. R052-06)
APPROVE ATM PLACEMENT AGREEMENT/COMMUNITY CENTER
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City Administrator Dickinson stated the Community Center has been approached by numerous
users indicating that an automated teller machine (A TM) is desired at the Community Center.
Councilmember Orttel stated he has a conflict of interest and indicated he would not vote on this.
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Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 15
Mr. Dickinson indicated City Staffhas approached the local banking institutions to see if they
would be interested in providing placement of an ATM in the Community Center at no charge to
the City. To date those institutions have declined placement, citing not enough potential use. A
private business, Viking A TM Services, has indicated they would be willing to provide the
services desired. Viking A TM Services is the organization that provides A TM placement to the
Anoka County License Centers.
Motion by Jacobson, Seconded by Knight, to approve the attached contract for ATM placement
with Viking ATM Services.
Councilmember Trude wondered how much this company will charge to get cash out of the
machine. Mr. Dickinson thought it would be $2.00. Councilmember Trude thought they may
want to consider adding a check card or Visa option at the concession stand. Mr. Dickinson
stated they are doing that.
Motion carried 4 ayes, 1 present (Orttel).
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The City Council recessed at 9:45 p.m.
The City Council reconvened at 9:50 p.m.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting at 6:00 p.m. before the
April 18, 2006 City Council meeting. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on improvement projects, administrative &
city department activities, 2005 audit progress, Legislative topics, meeting reminders and
miscellaneous projects.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
o MAYOR/COUNCIL INPUT
(Screening Ordinance) - Councilmember Trude stated the issue she previously brought up was the
screening ordinance and she thought that ordinance seems to be missing and she wanted to make sure
the ordinance is enforced, especially along Sophie's South where there are homes that are occupied
o Regular Andover City Council Meeting
Minutes - April 4, 2006
Page 16
and along the County Road without anything. She did not think they need to have it as part of the
development agreement if it is an ordinance in the books. Mr. Neumeister stated Sophie's Manor
was approved back in May 200S and their code requiring screening on double frontage lots did not
come into effect until October 4, 200S so Sophie's South was approved as a preliminary plat at least
six months or so before their ordinance allowed them to require those type of things. He stated he
did not know exactly what was going on with Stack's Woods but he would check to see where they
are at on that. He thought that should be allowed to be under their current code which would require
double frontage lots to have screening. He indicated the other existing plats that are along County
roads with double frontage lots, there was nothing they could do to require screening. He thought
they had tried to save some trees in Sophie's with tree preservation but because of some of the grade
issues they had to take some of them and then the road widening project took the rest. Mr.
Berkowitz stated the roadway improvements required some of the screening had to come down in the
right-of-way. Councilmember Trude thought it reflected poorly on them as Community planners
when they have houses so visible to County roads.
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(Grace Lutheran Church Portable Classrooms) ~ Mayor Gamache stated they talked a little about
Grace Lutheran Church at their last meeting and he wondered how that was going. Mr. Neumeister
stated where the Council wanted the portable classrooms placed is a large cement garbage structure
and when he met with them on Friday, he indicated they would need to move the garbage structure.
He stated it looks like the classrooms will fit in there if the garbage structure is removed.
(League of Minnesota Cities Meeting) - Mayor Gamache stated he and Mr. Dickinson went down to
the League of Minnesota Cities Day at the Capitol and had a chance to hear some good conversation
between the Speaker of the House and the Majority Leader and House and how things are moving
along.
Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjourned at 10:07 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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