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HomeMy WebLinkAboutCC April 3, 2007 L-CJ1/Lu;C- 0-0 Lmi-t-kn i-( -ti-07 0 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 3, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/20/07 Regular Meeting) Consent Items 2, Approve Payment of Claims - Finance 3, Award Bid/07-2/2007 Overlays - Engineering 4. Approve Change Order #2/02-33/ Andover Station North - Engineering 5. Approve ResolutionlMSA Revocating & Designating MSA Streets - Engineering 6. Consider No Parking Resolution! Andover Station North Ball Field Facility/139th Lane NW/05-15 - Engineering 7, Approve Extension of Liquor License/Pov's Sports Bar Annual Concert - Clerk 0 8, Approve Concessions ProposaVSunshine Park - Administration 9, Approve Zoning Code Enforcement Policies - Community Development 10. Approve Resolution of SupportJPassenger Rail Service - Administration 11, Approve 2008 Budget Guidelines - Administration 12. Approve Fire Relief Association Board Member Appointment - Administration Discussion Items 13. Award Bid/07 -8/ Andover Station North Ball Field Lighting - Engineering 14. Consider Conditional Use PennitIFann Winery/3482 165th Lane NW - Planning 15. Consider Preliminary Plat/Smith Addition!l 7919 Tulip Street NW - Planning 16, Consider City Code Amendment/De1eting Code Section 12-14-6A.5 (continued) - Planning 17. Discuss/Approve Naming Trail Segment - Administration Staff Items 18. Railroad Quiet Zone/Wayside Horns Discussion!06-10 -Engineering 19. Schedule EDA Meeting - Administration 20. Administrator's Report -Administration Mayor/Council Input Adjournment 0 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 3,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 2 APPROVAL OF MIN1JTES...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................2 Resolution R039-07 awarding Bid/07-2/2007 Overlays...................................................... 2 Resolution R040-07 approving Change Order #2/02-33/Andover Station North ...............2 Resolution R041-07 approving Resolution/MSA Revocating & Designating MSA Streets 2 Resolution R042-07 considering No Parking Resolution/Andover Station North Ball Field Facility/139tb Lane NW/05-15 ............................................................................... 2 Approve Concessions Proposal/Sunshine Park ................................................................... 2 Resolution R043-07 approving Resolution of Support/Passenger Rail Service.................. 2 Approve 2008 Budget Guidelines......................................................................................., 2 0 Approve Fire Relief Association Board Member Appointment .......................................... 2 APPROVE EXTENSION OF LIQUOR LICENSEIPOV'S SPORTS BAR ANNUAL CONCERT Motion to approve. ...................... ,................. .... ........... ........ ...................... .............. ..... ........ 2 AWARD BID/07-8/ANDOVER STATION NORTH BALL FIELD LIGHTING Motion to Approve (R044-07) .............................................................................................. 6 CONSIDER COl\TDITIONAL USE PERMIT/FARM WINERY/3482 165TH LANE NW Motion to approve (R045-07) ............................................................................................... 6 CONSIDER PRELIMINARY PLAT/SMITH ADDITION/17919 TULIP STREET NW Motion to approve (R046-07) ............................................................................................... 8 CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-+14-6A.5 CONTINUED Motion to table .................... .............. .............. .......... ....... .............. ................... .................... 10 DISCUSS/APPROVE NAMING TRAIL SEGMENT Motion to approve.... ............... ........... .................. .............. ................ .... ... .............. ..... ......... 10 APPROVE ZONING CODE ENFORCEMENT POLICIES Motion to adopt. .... ...................... .......... .......... .................................... ....... ...... ............. ........ 10 RAILROAD QUIET ZONE/W A YSIDE HORNS DISCUSSION/06-1 0 .................................. 12 SCHEDULE EDA MEETING .................................................................................................., 12 ADNDN1STRA TOR REPOR T .........,.......,................................................................................ 12 MA YOR/COlJNCIL INPUT ..................................................................................................... 13 0 ADJOURNMENT...................................................................................................................... 13 C I T Y o F 0 NDOVE REGULAR ANDOVER CITY COUNCIL MEETING -APRIL 3,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 3, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Victor Razinski - 13864 Bluebird Street, discussed the 2007 Overlay Projects, He stated the appparent low bidder of the proj ect was Knife River or formerly known as Bauerly Brothers, Inc. As a resident imd representative of over seventy members of the community, they do not want their tax dollars to be spent on a contractor from out of the area who does not pay area standards and wages and benefits and in his opinion, they do substandard work at best He understands the City has to take the lowest, responsible bidder but he did not believe Knife River Corporation is one of those. He believes this problem would not come up in the City in the future if the City would adopt prevailing wage language on all City projects that are let out for bid. Mr. Dickinson stated internally they have discussed this and on some of their projects they have bid with prevailing wage, such as the Community Center and Jay Street project It is a topic they can bring up over the summer as they work on next year's projects but he recommended the Council to move forward with this to stay on schedule and get their projects done. Mayor Gamache noted the Council will have some discussions this summer regarding this as they prepare for the next bidding season, 0 Councilmember Trude stated in this case, if they did not accept the bid they would have to go back and rebid the project and it would delay the project and possibly have higher costs. Councilmember Jacobson stated there would be a disadvantage because everyone knows what everyone has bid and that would put everyone at an economic disadvantage, Councilmember Trude thought this would actually cost the taxpayers more money because on this project they are assessing out twenty-five 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 2 percent with the rest being borne by the general fund and this was an issue they did not look at before. AGENDA APPROVAL Remove from Consent Items for discussion Items 7, (Approve Extension of Liquor License/Pov's Sports Bar Annual Concert); and Item 9, (Approve Zoning Code Enforcement Policies). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 20, 2007, Regular Meeting: Correct as written. 0 Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Jacobson), CONSENT ITEMS Item 2 Approval of Claims Item 3 Award BidJ07-2/2007 Overlays (See Resolution R039-07) Item 4 Approve Change Order #2/02-33/ Andover Station North (See Resolution R040-07) Item 5 Approve Resolution/MSA Revocating & Designating MSA Streets (See Resolution R04l-07) Item 6 Consider No Parking Resolution/Andover Station North Ball Field Facility/139tb Lane NW/05-15 (See Resolution R042-07) Item 8 Approve Concessions Proposal/Sunshine Park Item 10 Approve Resolution ofSupport/Passenger Rail Service (See Resolution R04307) Item 11 Approve 2008 Budget Guidelines Item 12 Approve Fire Relief Association Board Member Appoin1ment Motion by Orttel, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. 0 APPROVE EXTENSION OF LIQUORLICENSElPOV'S SPORTS BAR ANNUAL CONCERT Brad Povlitzki, owner of Po v's Sports Bar, has requested an extension of his liquor license for an outdoor concert to be held on Friday, July 13 and Saturday, July 14, 2007, He has requested an extension of his liquor license to include their enclosed softball fields. 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 3 Councilmember Jacobson stated he asked for this to be pulled because last year there were several complaints about the noise from the band and they did caution last year about this. He stated there is a 10:00 p.m. noise ordinance in the City and he understands that last year the band went on until around midnight. He wanted to point out that they should be consistent. If they have an ordinance that indicates 10:00 p.m., everybody should shut down at 1 0:00p.m. Mayor Gamache stated if they are going to do that the City will have to abide by that for Fun Fest. Councilmember Jacobson stated that is correct. Councilmember Trude thought there was a difference when there are complaints for one venue and not another and since she has been on the Council, they have not had any complaints about noise from the Fun Fest. Councilmember Jacobson stated that is not his point. If they have an ordinance that says 10:00 p.m., that applies to the City as well as anyone else in the City and he did not think they could or should violate their own noise ordinance and they should not allow anyone else to do it. If the time is not correct in their ordinance, they should work on changing it to put in a reasonable time. Councilmember Trude thought there was some conflict with block parties, In the past people 0 have pulled permits for block parties and they get the barricades and for some reason the Sheriff s Department does not enforce the Code until a later time and she never really understood why they disregard it but it seems like someone found a little escape clause. City Attorney Baumgartner indicated he has not found it. Councilmember Trude wondered if there is something in the code on outdoor parties. Councilmember Jacobson stated in Chapter six of their Noise Control Ordinance under 5.6.2, item f, if talks about the hours after 10:00 p.m. and before 7:00 a.m. if the noise can be heard at the property line. He stated he was pointing out that they have a 10:00 p.m. limit and he did not think they could disregard what the ordinance says and if it is not right, they need to change it. Councilmember Orttel stated the problem is the Noise Ordinance talks about so many decibels at the property line and he did not think they were ever close to exceeding that. Councilmember Jacobson indicated the Noise Ordinance; item f did not mention anything about decibels. Councilmember Knight stated if the Council pre-authorizes an exception, which is not ignoring the Ordinance, it is adjusting it at the moment. Councilmember Jacobson indicated there is not any variance in the request. Councilmember Orttel noted every City does this and Andover has done it years for the Fun Fest. Councilmember Orttel stated if he did not have any support to enforce the ordinance, then they 0 can go ahead and grant him the permission. Mr, Povlitzki stated for the last ten years, the cut off time has always been midnight. He stated around five years ago, the City had the Sheriffs Department go out to his fields to see if he was breaking the noise ordinance, which he was not but at that time he was told the cut off was 10:00 p.m. on weeknights and midnight on weekends but he has always done it until midnight and so 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 4 has every other city, He stated he did not maliciously ignore the City rules by going until midnight. He understood midnight was the cut off. Mayor Gamache thought that was always the agreement. Councilmember Trude thought the complaints came to them after 11 :00 p.m. Councilmember Jacobson stated what they have before them is the liquor permit for the field. No matter what they do, vote it up or down, the 10:00 p.m. time limit is still a separate issue. Councilmember Trude stated there was some understanding last year by the Sheriff's Department that because they allowed the outdoor liquor sales that they had to assume the noise was going to happen too. Mayor Gamache asked if the Sheriff's Department stopped by that night. Mr. Povlitzki stated every year they do. They stopped by one time because someone complained about the noise. He stated every year he has something that Ms. V olk types up indicating the City Council approved the outdoor concert and he brings it to the Sheriff's Department so they can let the officer on duty that night know that it is taking place. He stated he does everything in accordance with State Law. 0 Mayor Gamache asked which field Mr. Povlitzki sets the band up in. Mr. Povlitzki stated he sets them up in the west field and the speakers face towards Bunker Lake Boulevard and his building but he thought the sound will bounce off the building, Mayor Gamache thought the way it was set up was the best they could have, Councilmember Trude stated they also have a new neighborhood adjacent to this and she thought they would have a more complaints if they have an outdoor concert until midnight that is as loud as the one last year. She thinks the problem was the equipment that was being used, Mayor Gamache thought the complaints were coming from people further away than from adjacent properties. Councilmember Jacobson stated in the Noise Ordinance 5.6.3b, it says other permitted activities, "Equipment use in connection with special events or activities which are authorized or permitted or approved by the City." Councilmember Trude stated that is the loophole that was used. Councilmember Jacobson stated on the next page it says "Nighttime limits in a residential area, fifty-five to fifty decibels". They can still play but have to be careful with the sound level. Mr. Povlitzki stated he did not know what fifty decibels was. Councilmember Jacobson stated that is why they have meters and that is at the property line. Mr. Povlitzki stated what he was using out there was no different than the speakers, monitors and amplifiers they are using at the City concert and using in any other city. Councilmember Trude noted this was not a city concert, 0 it is a private event, and he is charging people and selling alcohol. Ibis is a private business venture and the City has nothing to do with it. He cannot really say it is like the Fun Fest. Mr. Povlitzki indicated the Fun Fest is an outdoor concert, his is an outdoor concert and whether it is private or not, he is a business in this community that pays taxes. He stated to keep this at fifty decibels, he did not know what that would be but he will be more than happy to keep it at a lower volume. 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 5 Councilmember Knight asked what would happen if the Sheriff came out and the meter is over fifty decibels. Councilmember Trude stated they could probably issue a citation. City Attorney Baumgartner stated it would be a misdemeanor under the ordinance and they could also be shut down. Councilmember Jacobson stated the neighborhood is growing and people are moving in and if the concert is run loud until midnight they vl'ill have a problem and it may not be allowed next year. Mayor Gamache stated Mr. Povlitzki is in a commercial district so there is no change between the daytime and nighttime application. Councilmember Jacobson stated if the sound is being observed in the residential district, it is the sound level that has to be in the residential district Councilmember Trude asked if they use the sentence "as permitted or approved", what if they authorize the outdoor liquor sales and the quiet time extended until 11 :00 p.m. City Attorney Baumgartner stated they would have to be cautioned that they would have to keep that open to 0 anyone else who would come in and apply for a similar type of permit or license. He thinks it is important to keep it consistent. Councilmember Orttel did not think they had anymore than three or four complaints total over the years and he did not see that is an issue. Mayor Gamache stated the difference between this and block parties is that block parties are already in residential districts where Pov's is in a commercial district Councilmember Trude indicated she is not going to support this. She wondered if they were supporting outdoor concerts or not Councilmember Orttel stated they are endorsing liquor sales after 10:00 p.m. Councilmember Trude thought they needed some education of their Sheriff's Officers on this point. Councilmember Jacobson stated Mr. Dickinson can give them a letter and a copy of this discussion so they are aware of it that night Councilmember Trude stated she would support this if they were not lifting the Noise Ordinance. Councilmember Knight stated Mr. Povlitzki is not asking for a change to the Noise Ordinance, he is only asking for a liquor permit Mayor Gamache would like the Sheriff's Department to do a test that night to see once it reaches the residential district, what the decibel level is. That way they could see ifthey have an issue. Motion by Orttel, Seconded by Knight, to have the City authorize an extension to the liquor 0 license for Pov's Sports Bar for July 13 and July 14, 2007 to allow the sale ofliquor outdoors until 12:00 p.m. Motion carried unanimously. Councilmember Trude indicated this has no relationship with the Noise Ordinance. 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 6 AWARD BID/07-8/ANDOVER STATION NORTH BALL FIELD LIGHTING Motion by Jacobson, Seconded by Knight, to approve the resolution accepting bids and awarding the contract to Starry Electric, Inc. in the amount of $256 ,817.00 (Base and alternate bid) for Project 07- 8, Andover Station North Ball Field Lighting. (Res. R044-07) Mr. Berkowitz indicated they have reviewed this '\",ith the Baseball Association and they understand the need for the lighting ofthe fields and are in support oflighting both fields with the understanding that they are still looking for some additional assistance in completing the concession stand at that complex. Motion by Trude to put the additional funds in excess between the engineer's estimate or the amount they allocate of this project to be put towards the cost of the building project. Councilmember Jacobson stated he would personally like to see this come separately so they know what is in the building and what it would take to finish it and how much they really have left and act 0 on it as a separate matter. Councilmember Trude stated if they do nothing, her understanding is they have budgeted that amount allocated to that project Councilmember Orttel understood they will be short so he did not have a problem with this. Mr. Dickinson stated they can come back with a plan as to how to cover the excess costs that they may have some problems with and they could put together a program to do so. Councilmember Knight thought it would be cleaner the way Mr. Dickinson is suggesting doing it Councilmember Trude knew the Park Commission was looking at the playground equipment for this and she wondered if there will be playground equipment there, Mr. Berkowitz stated they will be installing playground equipment but the location is still up in the air. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT/FARM WINERY/348216STH LANE NW Community Development Director Neumeister explained Mark Hedin has applied for a Conditional Use Permit (CUP) to run a farm winery on his property. Councilmember Trude stated she talked to staff earlier about the wording of the resolution and she Q thought it was important to make sure that all of the conditional use language is incorporated and they can take care of it with a simple amendment Condition two says "All regulations listed in Code 12-9-12" and she thought when they move the resolution, they cross out "12" so it would be all regulations listed in City Code 12-9, which means the annual review applies. Ifissues come up in the neighborhood, there is a procedure for revocation, there is all of the stuff that everybody in any home occupation is subject to and because they crafted this CUP as a stand alone provision they do not 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 7 want to have anything not apply. She also suggested they have the annual review with a submittal of a report indicating how many gallons are used. Mayor Gamache understood Mr. Hedin needs to submit Federal and State reports and they could request copies of those. Councilmember Knight asked if the CUP includes additional buildings or structures or equipment. Councilmember Orttel indicated it cannot. Councilmember Trude thought it included the building and accessory structure. City Attorney Baumgartner stated anything that is requested in addition to the original request would have to come before the Council for approval. Mr. Mark Hedin was at the meeting to answer questions. Motion by Orttel, Seconded by Jacobson, to approve the Conditional Use Permit for the Farm Winery changing item 2 to include City Code 12-9 in its entirety and also amending item 1 to have the applicant submit copies of the Federal and State Reports to the City Clerk and to add item 4 "subject to annual review", C) Councilmember Trude stated she would also like to add to item one that the annual production report be submitted to the City Clerk. Councilmember Orttel indicated he would revise his motion to include this. Councilmember Jacobson accepted the revision also. Councilmember Trude stated one other issue that may be covered is recently they have been looking at other cities and how they regulate home occupations and she noticed in Coon Rapids they limit the parking to on-site so that it does not impact the neighborhood and she wondered if the Council would be interested in limiting the parking to what is available on-site and two velUcles on the street because it is a big lot. She thought the issues would come up if the neighborhood is filled with cars someday. Councilmember Orttel thought that was why they have an annual review. Councilmember Knight stated they could make the revisions at that time, Councilmember Trude asked City Attorney Baumgartner if the annual review would let them regulate parking if there was an issue or should they add that the permit is subject to annual review should issues arise. City Attorney Baumgartner stated they could always cover themselves by adding that in and saying that the Conditional Use Permit will be granted subject to the annual review. Mr. Dickinson stated the annual review is already covered in Code 12-9. Councilmember Trude wondered where it is stated that the annual review would allow them to change the conditions, Councilmember Jacobson stated it is under the Conditional Use Permit Code 0 12-9, City Attorney Baumgartner stated looking at 12-14-6, under Conditional Uses, A5 talks about conditions may be applied to a permit and a periodic review of the permit may be required. He thought that was pretty much a catch-all that would cover and encompass what they are talking about. 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 8 Councilmember Trude asked if they could add a number 4 "the permit is subject to an annual review". Mr. Dickinson stated 12-9-7 does allow for inspections and the way he interprets it is if the business is not in compliance, they would bring it back to the Council at that point in time. Councilmember Orttel thought to avoid the consideration of whether it should or not, they should just put it in. Motion carried unanimously. (Res. 045-07) CONSIDER PRELIMINARY PLAT/SMITH ADDITION/17919 TULIP STREET NW Community Development Director Neumeister explained the Council is asked to review a preliminary plat that will create one additional lot and adjust the property line of adjacent property at 17987 Tulip Street NW. The lot line adjustment enlarges the lot addressed as 17987 Tulip Street. This plat includes all the land of both 17919 Tulip Street and the lot it surrounds (17987 Tulip St.), The third lot in the plat will have its access to a public road via Quay Street. 0 Mr. Neumeister and Mr. Berkowitz discussed the staff report with the CounciL Councilmember Trude asked if any of the trees are in the easement. Mr. Berkowitz indicated they are located on the edge according to the aerial. Councilmember Trude wondered how many houses will go into the development. Mr, Berkowitz stated right now they are looking at developing three lots. Councilmember Jacobson stated when they look at the very large parcel and ghosting the internal road system, if that were to be redeveloped, where the road would go once it exists to the east. Mr. Berkowitz showed an aerial photo and explained where a road could go, Councilmember Jacobson asked on Quay Street, that portion which is not constructed, there is an easement over it. In the past they were told by Mr. Hawkins that they could not require a developer to do anything outside of the property that they are developing. He wondered how they would be able to issue a building permit back there unless the builder would construct that section of street. He wondered what the legal implications would be of doing this without knowing what would happen there. City Attorney Baumgartner stated looking at this parcel as it stands now, it is a landlocked piece and there would not be any ingress or egress to that parcel so he thought the builder would be stuck in that point in and of itself. He did speak with Mr. Hawkins regarding this as they 0 are both in agreement that if that parcel is further subdivided and platted they could require that it be connected onto Quay Street and that could be a condition as far as issuing a permit. Councilmember Jacobson stated they will be creating three lots and he wondered what would happen if someone buys the large lot and wants to build a single house on it and not subdivide it at this time, could they gain access onto l78th on this easement or would they have to do something on Quay 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 9 Street. City Attorney Baumgartner stated if someone was going to build there, they could probably condition the permit for the building that that would be improved and they could fInd that under MN Statute 462.358 where the City could require as a condition of issuing that permit that that portion be improved because the City does have the right as far as regulating traffic and so forth. It also brings up a point regarding emergency vehicles that would further involve the City where they would have to have ingress and egress for emergency vehicles and if there is an inadequate ingress and egress, he thought that would give the City the right to deny the permit unless that is so improved. Councilmember Jacobson asked at 181 S\ the separated parcel, if the setback is going to be a problem because of the difference in easement sizes. Mr. Berkowitz stated typically the County rights-of- ways jog and this would not create a problem. It is a benefIt to future road expansion to take the right-of-way when they have the opportunity. This would provide for reconstruction of the road in the future. Councilmember Trude asked on the resolution, page six, and number 5, does require that Quay Street is laid out the way Councilmember Jacobson described. That it start out as a driveway and goes into a street. She wondered if this is the best way to move ahead on this, to just let it dangle or would it 0 be better now that they are getting this plat affecting this parcel to require the street be built. Councilmember Jacobson stated they are not actually platting this out, they are getting three lots. Motion by Knight, Seconded by Orttel, to approve the resolution adding the following language "further subdivided, and/or developed". City Attorney Baumgartner suggested the Council make one change to the resolution. He stated in number 5 of the resolution, it only addresses the requirement to construct that portion iflot three is further subdivided. They may want to include additional language, which if it is further subdivided and or developed or built upon to encompass a concern as Council has indicated to what if they do not plat it. They may want to include some additional language to cover both scenarios, Councilmember Trude stated they could add language after "further subdivided" to include "and/or developed". Mr. Berkowitz stated the intent of the applicant is potential for one house to be built on there and then the intent was to just construct a driveway. If they came back to subdivide and make additional lots, the road would have to be constructed. The Council agreed. Motion carried unanimously. (Res. R046-07) 0 CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-14-6A.5 (CONTINUED) Community Development Director Neumeister stated this Code revision summarizes the discussion that took place at the February 27,2007 Planning Commission Workshop. 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 10 Councilmember Jacobson stated on the other side of the chart, under item 2, the very end states "this shall not apply to lots of record at the time this title is adopted". He wondered if they were talking about any action they take tonight or does it go back to when the title was adopted. Mr. Neumeister stated Footnote 2 refers to the R-3 Zoning District on the previous page and there was a 40,000 square foot lot requirement that was allowed at that time dealing with private water and sewer systems so that only relates to that specific case. Councilmember Trude stated the only change they are doing is adding "see footnotes". She did not know if they want to adopt this. She thought Councilmember Jacobson was correct because they have to worry about dates everywhere they are at. City Attorney Baumgartner stated he would feel better if they held this over to give them time to look at the language. Motion by Knight, Seconded by Orttel, to table this item to allow City Attorney review. Motion carried unanimously. 0 DISCUSS/APPROVE NAMING TRAIL SEGMENT City Administrator Dickinson stated a request has been made to name a section of the Andover Trail System in honor of a past now deceased Park and Recreation Commissioner, Tom Anderson. The request is being made by Mayor Gamache. Mayor Gamache reviewed the information with the Council. Motion by Knight, Seconded by Jacobson, to approve the naming of the City of Andover Trail segment in honor of Tom Anderson. Motion carried unanimously, APPROVE ZONING CODE ENFORCEMENT POLICIES Mr. Neumeister stated based on new direction from the City Council at the workshop of March 27, 2007 the zoning code enforcement guidelines have been updated as seen in the details of the staff report. Staff has updated these guidelines in order to address the myriad of questions and issues arising from a code enforcement violation. This work involves a great deal of judgment and interpretation. 0 Councilmember Jacobson stated since this Code Enforcement Policy is something they asked for, when he read this he noticed a couple of things they should be more specific and technical on. Item 2, talks about one year to finish the work on the exterior of the structure but it does not say one year from when and he would suggest they insert "from the date of permit issuance". Item 4 should be written to read "Complainants should shall have their anonymity protected by staff". 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 11 Councilmember Trude stated it also indicates the person needs to give their name, address and telephone number and she knew people have called the Council to have them provide the complaint because they have been concerned about their confidentiality. She stated this is another route for people to use. Councilmember Jacobson stated item 6, last line, states "violation of the specific number of working days" and he thought this should be changed to "within seven or ten working days" so this is not so vague. In Item 8, he thought if the CSO or Sheriff delivers the letter for the second or thITd time, they might take notice. Councilmember Trude stated she would rather have staff use their own discretion. Councilmember Trude wondered if this is the same timeframe they are using now because she did not think: the problem was the timeframe with ninety-nine percent of the people that cooperate. She thought the problem was with the people that end up getting the letter from the attorney. She wondered if they are shortening the time for compliance or are they keeping the same time. Mr. Dickinson stated the first letter is the same timeframe but the second letter is a shortened timeframe. 0 Councilmember Trude stated she did not mind giving them that much time. By shortening the time frame, they would get fewer people able to make that deadline. She wondered if they will have more of these going to the City Attorney if they shorten it up, City Attorney Baumgartner explained the procedure they go through once a non-compliance comes to them. Councilmember Knight wondered if it was necessary in item 13 to update the complainillg party from time to time. Councilmember Jacobson indicated what he has heard is that people are not updated on the actions taken after they make the complaint and they do not see any changes. He thought this was good relations with the citizens. Councilmember Trude stated some of it is informing the complainer about the City Code and what is or is not in compliance with the Code. Motion by Jacobson, Seconded by Orttel, to adopt these guidelines as acknowledgement of the methods and procedures that staff will follow in enforcing the City Code modifying sections, 2, 4, 6, 8 as discussed. Councilmember Trude asked if the situation with the homes in disrepair because of the straight line winds a year and a half ago have been taken care of elsewhere. Mr. Neumeister stated they are still working on these. 0 Motion carried unanimously. RAILROAD QUIET ZONEIWAYSIDE HORNS DISCUSSION/06-10 Mr, Berkowitz reviewed the workshop discussion with the Council. He indicated he was hoping to 0 Regular Andover City Council Meeting Minutes - April 3, 2007 Page 12 have additional information for this meeting but has not received any. The costs doubled for the wayside horn at Andover Boulevard and Crosstown, In the last week he has been in contact with the BNSF regarding specific requirements and how the interconnects will work. On Bunker Lake Boulevard they are looking at getting some funding from the State and BNSF to correct the circuitry at Bunker Lake Boulevard because it has been motion sensor and should have been constant warning time, Councilmember Trude wondered if it would be helpful if the Council submitted a letter with the Mayor's signature requesting this. Mr. Berkowitz thought they should wait and see what they receive for information before they do this. Councilmember Jacobson stated they have been talking about the rail service up to Duluth and all of the upgrades they will have to put in, He did not know what they were talking about with any intersection improvements but if they are going to have to include some money to upgrade some of those crossings, maybe they could talk to the County or the Tinklenberg Group and see if they might start paying for some of that in the northern part of the City to help with the upgrades. 0 Councilmember Trude thought this would ease some of the problems and frustrations the City has had with the crossing at Bunker Lake Boulevard. Councilmember Orttel thought they should move forward on the Bunker one. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Knight, schedule an EDA meeting on April 17 , 2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, and legislative activity. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. 0 MAYOR/COUNCIL INPUT There was none, 0 Regular Andover City Council Meeting Minutes-April 3, 2007 Page 13 Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:46 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Q 0