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HomeMy WebLinkAboutCC September 18, 2007 C!.EU'\JI..,.c;::L a....o LUu~ 10 ~a, 07 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, September 18, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Proclamation - Domestic Violence Awareness Month Resident Forum Agenda Approval 1. Approval of Minutes (8/28/07 Workshop; 9/4/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Declare Cost/Order Assessment Roll/07-27/14124 Crosstown Boulevard NW/SS & WM - Engineering 4. Declare Cost/Order Assessment Roll/05-Il/Tulip Street NW - Engineering 5. Declare Cost/Order Assessment Roll/06-20AlMeadow Creek Christian School Turn Lane Improvements - Engineering 6. Receive Assessment RolllWaive Public Hearing/Adopt Assessment Roll/07-35/13817 Jay Street NW e (Thurston-DeShaw Funeral Home)/WM - Engineering 7. Approve Extension of Liquor License to Include Patio/Tanners Station - Clerk Discussion Items 8. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 9. Consider Revised Landscaping Plan/Mosquito Control Expansionl1280 Bunker Lake Blvd. NW - Planning 10. Consider City Code Amendment/Establishing Interim Performance StandardsIHughs- W estview Industrial Park Area (Cont.) - Planning 11. Consider Conditional Use PennitlRetail Sales in Industrial District/3131 - 161 st Avenue NW - Planning 12. Consider Preliminary PlatIWoodland Hills/Ward Lake Drive - Planning 13. Consider City Code Amendment/ 5-1 Animal Control-Planning 14. Consider City Code Amendment/Title 11 Subdivision Regulations - Planning Staff Items 15. Schedule October EDA Meeting - Administration 16. Schedule October Workshop Meeting - Administration 17. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 18, 2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH.............................. 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R127-07, declaring Costs/Order Assessment Roll/07-27/14124 Crosstown Boulevard NW/SS & WM .............................................................................................. 2 Resolution R128-07, declaring Cost/Order Assessment Roll/05-11/Tulip Street NW........ 2 Resolution RI29-07, declaring Cost/Order Assessment Roll/06-20AlMeadow Creek Christian School Turn Lane Improvements .................................................................... 2 Resolution R130-07, receiving Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-35/13817 Jay Street NW (Thurston DeShaw Funeral Home)/WM................... 2 0 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received... .................. ... ....................................... ................................................. ................ 2 CONSIDER REVISED LANDSCAPING PLAN/MOSQUITO CONTROL EXP ANSION/ 1280 BUNKER LAKE BLVD NW Motion to approve ............ ...... ............................................................................................... 3 CONSIDER CITY CODE AMENDMENT/ESTABLISHING INTERIM PERFORMANCE ST ANDARDS/HUGHS- WESTVlEW INDUSTRIAL PARK AREA (CaNT.) Motion to Approve (ORD. 353)............................................................................................ 3 CONSIDER CONDITIONAL USE PERMIT/RETAIL SALES IN INDUSTRIAL DlSTRlCT/3131-161sT AVENUENW Motion to approve (R131-07) ............................................................................................... 4 CONSIDER PRELIMINARY PLA T/WOODLAND HILLS/W ARD LAKE DRIVE Motion to table............................................................ .......................................................... 5 CONSIDER CITY CODE AMENDMENT/5-1 ANIMAL CONTROL Motion to approve (ORD. 354)............................................................................................. 9 CONSIDER CITY CODE AMENDMENTmTLE 11 SUBDNISION REGULATIONS Motion to approve (ORD. 355)............................................................................................. 11 APPROVE EXTENSION OF LIQUOR LICENSE TO INCLUDE P ATIO/T ANNERS STATION Motion to table .............. .............................. ........................... .......... ........... ..... ............ ......... 13 SCHEDULE OCTOBER EDA MEETING ............................................................................... 13 SCHEDULE OCTOBER WORKSHOP MEETING................................................................. 13 0 ADMINISTRATOR REPORT .................................................................................................. 14 MAYOR/COUNCIL INPUT November Elections ............. ................ ................................ .............. .... .... ........... ................ 14 Outdoor Patios ......... ......... ..................................................... ............ ......... ............... ........... 14 ADJOURNMENT...................................................................................................................... 14 0 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 18, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken Orttel, September 18, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH Acting Mayor Orttel proclaimed October to be Domestic Violence Awareness Month. He read the proclamation. RESIDENT FORUM No one wished to address the CounciL AGENDA APPROVAL Mayor Gamache arrived at 7:08 p.m. Remove from Consent Items for discussion Items 7, (Approve Extension of Liquor License to Include Patio/Tanners Station). 0 Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. e Regular Andover City Council Meeting Minutes - September 18, 2007 Page 2 APPROVAL OF MINUTES August 28, 2007, Workshop Meeting: Correct as written. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Jacobson). September 4,2007, Regular Meeting: Correct as written. Councilrnember Jacobson indicated there was a typo on page 3, line 24, the word should be was and not waas. Councilrnember Jacobson thought the sentence on line 25 should be corrected to read "Mr. Berkowitz stated ifhe were to sell the fIrst lot off to at the point of subdivision, ',,{ROB be then creates t\'.'O 13:0'.'; lots, tB:rElUgB. that proeess be Mr. Allen will need to come forward with a variance request through the platting ofilia 1\'.'0 I3:0W pai'eals process." Councilrnember Trude stated on page 6 there is an extra word on line 13, "is" should be struck and on line 10, the CPI refers to the Consumer Price Index and that is the level the budget is set to 0 increase. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Declare Costs/Order Assessment Roll/07 - 27/14124 Crosstown Boulevard NW /SS & WM (See Resolution R127- 07) Item 4 Declare Cost/Order Assessment Roll/05-11/Tulip Street NW (See Resolution R128- 07) Item 5 Declare Cost/Order Assessment Roll/06-20AlMeadow Creek Christian School Tum Lane Improvements (See Resolution RI29-07) Item 6 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07- 35/13817 Jay Street NW (Thurston-DeShaw Funeral Home)/WM (See Resolution R130-07) Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 4 ayes, 1 present (Jacobson). 0 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Cryer, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 3 Councilmember Jacobson stated there was a large increase in traffic arrests this month from last month and he wondered if there is a reason for that. Sergeant Cryer stated he did not know and would have to do some research but it may be because of the DWI Task Force when they are out doing enforcement they are making a lot of traffic stops and issuing citations based on the traffic stops. Councilmember Orttel stated a few years ago they had problems with home burglaries. Several were mentioned and he wondered if there is a problem again. Sergeant Cryer stated in looking through the reports, it does not look like they are connected in any way but he would have to do more research on this. He noted the burglaries were done by juvenile males. CONSIDER REVISED LANDSCAPING PLANIMOSQUITO CONTROL EXPANSIONI1280 BUNKER LAKE BLVD. NW Community Development Director Neumeister explained the Council approved the conditional use 0 permit amendment with the condition that a revised landscaping plan be brought back for approval. Councilmember Trude stated when they drive by there the area that is really mowed down is the area where a trail is going in for the maintenance facility for the County, not this facility. She stated this facility has a substantial amount of landscaping already but she thought having some of the evergreens by the parking lot will help with screening. She does not have any problems with this site. CounciImember Jacobson stated the additional trees outside of the parking lot area are not part of the property that the Mosquito Control District is leasing and it looks like the trees are going on the property owned by Anoka County. He wondered if Anoka County has agreed to the placing of the trees according to this plan. Mr. Richard Gager, Consulting Engineer and Owner representative for the Mosquito Control District, stated they have spent extensive time with the Parks Department as far as this landscaping plan is concerned and they are in agreement with the plan. Councilmember Jacobson wondered if it is up to the Mosquito Control District to keep them watered so they will survive or will the Park Board do that. Mr. Gager thought that they will cooperate with the County in maintaining a proper watering of the trees and shrubs. 0 Motion by Orttel, Seconded by Knight, to approve the revised landscaping plan. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 4 CONSIDER CITY CODE AMENDMENTIESTABLISHING INTERIM PERFORMANCE STANDARDS/HUGHS-WESTVIEW INDUSTRIAL PARK AREA (CONT.) Community Development Director Neumeister stated the City Council continued this item at their September 4th meeting, directing staff to make some changes to sections C and D. Councilmember Trude indicated she sawall of the changes she requested in this report and it is very clear about what standards can be adjusted, the reasons they can use to adjust them. Councilmember Knight asked if there were any requirements for existing businesses to upgrade. Mr. Neumeister stated they would be grandfathered in so that if they were to come in and ask for a change, then they would be subject to the standards at that time. Councilmember Jacobson stated he has a minor wording change. On page 3, Subdivision 2A, it reads "existing and future appearance of the building and site", so they can consider what it looks like now and then what the plan is to change the site. 0 Councilmember Orttel did not know if that made sense because he thought they were looking at the existing so they know how to change it. CounciImember Jacobson stated if they are planning to come in to change the outside of the structure, staff wants to consider what they are doing. Councilmember Trude thought it made more sense to put it under item D. City Attorney Baumgartner thought Item 4 was a catch all provision and if they insert appearance and start making limitations, they might exclude something else by becoming too definitive. He thought with Item 4 as written is a catch all and would afford the opportunity for what the new appearance would look like in consideration by the Council. He thought it was better to keep it broad. Motion by Trude, Seconded by Knight, to approve the proposed code amendment and summary ordinance. Motion carried unanimously. (ORD. No. 353) CONSIDER CONDITIONAL USE PERMITIRETAIL SALES IN INDUSTRIAL DISTRICT/3131-161sT AVENUENW Community Development Director Neumeister stated the applicant wishes to operate a retail feed store in an existing building located in an industrial zoning district. Councilmember Trude wondered if there is any space behind the building. Mr. Neumeister stated there is a paved surface behind the building. Councilmember Trude indicated she would like to see 0 the trash enclosure behind the building. Mr. Neumeister reviewed the improvements the applicant planned to make to the property. Mr. Kevin Peterson, applicant, stated they have a lot of big dumpsters at the turkey farm they own 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 5 and he indicated they will probably leave the garbage in the back of the store inside and bring it over to an off-site dumpster when needed. They will not have a dumpster at the site. Councilmember Jacobson stated what they are granting is the ability to have outside sales on an extremely large lot which includes not only the store being discussed but also the liquor store and the rest of the lot. If something were built with a CUP, it would include the entire property. Mr. Peterson stated the only retail he will have will be underneath the overhang. Councilmember Jacobson understood that but the CUP will cover everything on the parcel and not just the feed store. He thought they should just restrict this to the feed store and not the liquor store or rest of the property. Councilmember Orttel thought if they granted outdoor sales and storage to this business, it would not include the other properties in the park. Councilmember Jacobson stated this is one property listed with one ownership and it covers the entire parcel including the liquor store. Councilmember Orttel thought if they limited the sales to what this business is selling~ it would solve the problem. Councilmember Jacobson thought they could limit the use to this part of the property only, which would solve the problem. Mr. Dickinson stated they can attach the document on page 7 to the CUP 0 and reference that parcel B would be the only one they are considering it for. Councilmember Jacobson thought that would allow too much area. Councilmember Orttel thought page 6 would cover it and they could show the easterly portion of the building referencing Item 6. Councilmember Trude did not want to defeat the purpose of what Mr. Peterson is trying to do because what he wants to do is the same thing that the gas stations in their city are doing. Motion by Ortte1, Seconded by Jacobson, to approve the proposed Conditional Use Permit subject to the conditions of the attached resolution and referencing item six in the agenda and note that this only applies to the western portion of the 2,000 s.f. building. Motion carried unanimously. (RES. R131-07) CONSIDER PRELIMINARY PLATIWOODLAND HILLSIWARD LAKE DRIVE Community Development Director Neumeister stated the Council is asked to review a plat containing five rural lots. The Council previously reviewed a sketch plan for this project on June 20, 2006. Mr. Neumeister stated there is a variance for cul-de-sac length and there are a couple of costs incurred for the stub street. They will be covered in a development agreement and also the cost of 0 the future culvert. He thought it was pretty clear what the City is asking for and it is in the resolution of approval stating those things must be done. Mr. Neumeister stated another point they will need to debate is the property to the south has a limited amount of access currently. The site is surrounded by flood plain however there is a limited amount of upland area adjacent to the south edge of the plat and can be split to allow two 0 Regular Andover City Council Meeting Minutes-September 18,2007 Page 6 rural lots. This affects the existing plat because there will be a need for some additional variances to the lot size requirements for the two lots at the end of the cul-de-sac. Another change would be that the proposed cul-de-sac would not be built but a temporary cul-de-sac would be at the south edge of the property so it could be extended to the adjoining property. The Council and staff reviewed the cul-de-sac issues along with possible problems with the adjoining property being able to develop. Mr. Neumeister stated that a lot of what is being talked about is subject to someone demonstrating that this land is buildable and they do not know at this time if it is two buildable lots. If it is not buildable, they would not need to extend the cul-de-sac and if it is one parcel, there is already an access and he did not know if they would need to develop an access to that beyond what is already there. He stated this is very unusual. Mr. Neumeister stated another point is future street improvements for Ward Lake Drive. He reviewed this with the Council and stated instead of having the developer pay for a portion of Ward Lake Drive to be built to an urban street section at a later time, staff is recommending they 0 build the entire street section as a part of this plat and the City Attorney has concurred that this could be a requirement that either a dollar cost be established for half of those improvements to be paid into a fund to be held in escrow until the road is improved, or they must build the road improvements the full width of Ward Lake Drive across the frontage of their property which would be on the order of $30,000. Councilmember Jacobson stated going back to the extension of Zilla Street to the north, the drawing indicates that does not go to the edge of the property because of the culvert and everything that would have to be in place but since it does not go all the way to the end, if the property to the north develops in the future, who would be responsible for making that connection. Mr. Berkowitz stated the road would be held short of the ditch line and they will collect an escrow for the extension of the roadway and half the culvert costs. Mr. Neumeister stated this was shown on page six, condition four. Councilmember Trude wondered if this is part of their transportation plan or is this ghost platting and they are assuming the other area is developable. Mr. Berkowitz stated in this case, they know the northern area is developable. Councilmember Orttel wondered what the distance is from the westerly cul-de-sac to the property line. Mr. Neumeister thought it is about 160 feet. Mr. Berkowitz stated they have to take into consideration the cul-de-sac begins at the T location and is measured from there so it exceeds the 0 distance by quite a bit. Councilmember Jacobson stated on lot two it looks like the primary and secondary septic system encroaches up into the right-of-way for the cul-de-sac. Mr. Neumeister stated it is in the setback area and out of the right-of-way. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 7 Mayor Gamache wondered if it would be possible to do something similar with the road heading south. Mr. Berkowitz stated they could. It is a little longer than normal but is a possibility. Mr. Joel Larson, developer, stated by extending the cul-de-sac out to the property line will make the lot smaller and decrease the value. They are not cul-de-sac lots anymore, which will decrease the value, and they are also trying to make him pay for the extension out to the street. This is a five lot project and pretty soon it will not be worth doing and they are getting pretty close to that point right now. They went through a lot of hoops to get this past FEMA and that took six to eight months. He wondered if they will have to wait for the other two lots. Councilmember Knight wondered what the difference in value is for a non-cul-de-sac lot versus one on a cul-de-sac. Mr. Larson thought it is around $20,000 a lot plus the size difference. Councilmember Jacobson wondered how serious the property owner is to the south to put this in now with this development. Mr. Larson stated Mr. Kuiken was at the meeting and was talked to and Mr. Kuiken does have people going out to do soil tests this week and surveying and delineations and he wants to meet that ten day period. 0 Mayor Gamache stated they are looking to make the road look like what is already there. Mr. Larson thought when the road is slated to be improved they should assess the lots that are there for the amount of the improvements like they do with other neighborhoods instead of making him escrow an amount until the road is improved. Councilmember Jacobson wondered what the escrow amount is for the extension from Zilla Street to the north. Mr. Berkowitz stated that has not been determined. Councilmember Trude wondered if it would make more sense to put this cost on the property owner next door because they will need the culvert and Mr. Larson will not. Mr. Berkowitz stated regarding the culvert and sharing of the costs, this will be their future secondary access location to the development and also their plat boundary does go through the center of the ditch. Councilmember Trude thought it is really hard to look at the rural areas to do the ghost platting when there are homes there and people are living in them because they have to presume a lot of things. Mr. Dave Nash, McCombs, Frank Roos and Associates, stated on the ghost plat they put 0 together, they had the road curving to try to avoid the existing home, not knowing whenever they developed if they are going to leave the house or get rid of it so that is why the curve was put in there. Mayor Gamache understood from his letter that he is looking to see ifhe has some buildable areas on the property and he wondered if they have someone coming out to check on this. Mr. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 8 Jim Kuiken stated that is correct. He was made aware of this development about two weeks ago by a City staff member. He attended the Planning and Zoning Commission meeting and since that meeting has taken immediate action to do what he needs to do to provide the information the Planning Commission is looking for. He stated they are not developers; they are sod farmers and are being asked to spend a significant amount of money up front, which means within the next ten days. They are looking at spending ten to fifteen thousand dollars to prove they can build on this land. He is meeting with engineers, surveyors and wet land delineation is being done on Wednesday. He is very proactive and wants to remain that way. He does not want to stall Mr. Larson's project by any means and he wants to be very cooperative but if they have buildable land and this is their only access to that property he would have to say at this point they would have to hold up Mr. Larson's development until he can get that information to the City. Mayor Gamache wondered if Mr. Kuiken knows for sure ifhe has two buildable lots. Mr. Kuiken indicated they had a surveyor out on Monday. The Council discussed further with Mr. Kuiken the issues regarding his property and the proposed development before them. 0 Councilmember Trude stated she would like to see them act on extending the cul-de-sac stub but she wants to make sure Mr. Kuiken has time to figure out how many lots and she did not think ten days was that much time. She wondered if thirty days might be more appropriate and they just build it into a condition of approval. Mr. Kuiken stated he is meeting with everyone tomorrow and if the Council wants to grant a longer period of time that would be fine but he did not want to hold up Mr. Larson any longer than necessary. Councilmember Jacobson stated he still has concerns about the road going to the south but he would like to approve the proposed plat and to modify the attached resolution as necessary to reflect the consensus of the council on the various issues described in the report. Under item four they should change the wording so that it reads "The developer shall be responsible for the escrowed costs of extending Zilla Street NW to the north edge of the plat to provide a second access to the proposed development to the north. This responsibility shall be included in the development contract and in addition item nine, the Council will determine at the meeting on October 2, 2007 whether or not an extension to the south property line will need to be made or not" . Councilmember Trude stated under item seven regarding proportional payment for road improvements, she would like them to be accurate on that and see them connect from the finished pavement to that entrance or across the property line and divide amongst all the lots that can happen on this road. Councilmember Jacobson stated the $10,224 amount would be divided 0 further if more lots could be put in. Mr. Dickinson stated Mr. Larson indicated he would extend until October 3, 2007. They could act on this October 2nd rather than approving a resolution with a condition, information could be gathered and the resolution could have the information in place for the October 2nd meeting. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 9 Council consensus was to table this item to the next meeting. Councilmember Trude thought between the five lots and the other two or three they should be able to pave the entire road of Ward Lake Drive. Mayor Gamache stated the ordinance says they only have to pay for half because the $10,224 only pays for half. City Attorney Baumgartner stated he would concur with Mr. Dickinson and gather information in order to make a decision on October 2,2007. Councilmember Trude asked staff to provide them with option A or B on the road and get better information on what their legal requirements can be. She stated her personal preference would be the extension from existing pavement to the edge of property if that is legally allowable. She thought it would help all of the people market their lots if the road was paved and if it is divided amongst eight lots it will be more affordable than it would be with five lots. Councilmember Jacobson indicated he would prefer the escrow money. Motion by Councilmember Knight, Seconded by Trude, to table this item until the October 2, 2007 0 City Council meeting. Motion carried unanimously. CONSIDER CITY CODE AMENDMENT/5-1 ANIMAL CONTROL Community Development Director Neumeister stated based on input from a resident and a number of City Council and Planning Commission meetings and workshop sessions, staffhas drafted changes to the City's animal control code. Councilmember Orttel wondered if they are concluding that an electronic fence is considered an enclosure. Mr. Neumeister stated that was discussed at the Planning Commission and they concurred with the conclusion that the definition as written would allow people to call electronic fencing proper restraint. Mayor Gamache did not think their discussion was whether or not an electronic fence was an enclosure. Councilmember Trude stated they talked about the definition of restraint and they do not have a requirement that dogs need to be restrained; they just have a requirement that dogs do not run at large. Mr. Neumeister stated the Planning Commission decided if an electronic fence is working it is a proper restraint. He thought the Planning Commission felt they did not want to add additional language to require that to be called out in the ordinance so it is silent on the issue. Councilmember Knight stated he wants to discuss enclosures. He stated an enclosure does two 0 things - it keeps things out and in. An electronic fence does one but not the other. An electronic fence is not regulated on where the wire can be installed and he thought that was a substantial issue. He stated it would seem to him that if they were to say an electronic fence is appropriate they would have to have some discussion as to where it would be. Councilmember Trude agreed. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 10 Mayor Gamache reviewed what a restraint is and indicated they need to decide if they want to make any changes to the verbiage. Councilmember Jacobson stated they could add wording indicating "Electronic fencing shall not be considered a proper enclosure or restraint." Councilmember Orttel did not agree with that. Mayor Gamache stated if they reword this, they will need to change things in the current ordinance. Mayor Gamache did not think they could specifically state that electronic fences do not work because of the fact that they do not have any other restraint in their ordinance so unless they want to change to something like Bloomington has it would not work unless they add restraint to their ordinance. Councilmember Knight thought they may need to indicate in the ordinance that either a dog has to be in an enclosure or under the immediate supervision of the owner outside with it. 0 Councilmember Trude thought the issue she has is that ninety percent of the people buy a dog that is good with children and then there is a small percentage of people who buy dogs to protect their property so she did not know if they should go so far as to say that all of the passive dogs should not be allowed to use electronic fences when they are not a threat to everyone in the neighborhood. Councilmember Knight stated he would hesitate getting into the breed discussion because in his opinion, dogs reflect their owners and a responsible owner does not have problems. He stated he would hate to see a child get hurt by allowing dogs to run free in their yard. Councilmember Trude stated another approach is some dogs should not be in an electronic fence and homeowners do not know this. She asked the individual if they want to take it to the State Legislature to see if their community can regulate some of the dogs that have a propensity to bite and not let go and that is an approach she is willing to take. The State indicates the City cannot distinguish dog breeds. Councilmember Orttel thought it is the way a dog is trained and not the breed. Councilmember Knight suggested the dog be in an enclosure unless the dog is under the immediate control of the owner, which means the owner is present. Councilmember Jacobson stated in the rural areas where they have 2.5 and 5 acres that is not the case. This may be the case in the R-4 areas but would not pertain to the entire City. 0 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 11 Councilmember Orttel wondered if the dog in question comes under the potentially dangerous dog category. Councilmember Trude thought it would. Mayor Gamache stated he has a problem with this because he lives by the property in question and he has not heard the dog barking and he has walked by the house and has never seen the dog. He did not know if this is an issue of a resident who is afraid of this type of dog or if it is an issue of the dog actually being violent. Councilmember Orttel thought they could regulate electronic fencing by dictating the distance it needs to be from the front and side rights-of-way. Mayor Gamache thought that was a good idea. Councilmember Trude thought they could have a veterinarian write some articles regarding electronic fencing for the newsletter and educate and inform the residents regarding this. Motion by Jacobson, Seconded by Orttel, to approve the proposed code amendments as presented and authorize the summary ordinance. Councilmember Trude wondered if they should add something regarding electronic fencing. She wondered if they could add something to Section B on page six to address the situation the resident is having. 0 Councilmember Jacobson called the vote to question. Mayor Gamache suggested they put some kind of a column in the newsletter indicating they have some issues regarding the restraint, print exactly what the restraint requires and then ask if there is any interest in changing this. Councilmember Trude thought was a good idea and they could still pass the code amendment. Mr. Neumeister stated unless they deal with electronic fencing, the resident will not be happy and by asking for comments in the newsletter they will expand the confusion. He thought the Planning Commission did a good job in defining three or four additional words that need to be defined and if they are not going to deal with electronic fencing they are just going to confuse the issue further. He thought Councilmember Orttel said it very clearly that their restraint covers it all and the enclosure section deals with property enclosures and what they are. If they want to expand restraint to include what Mr. Dickinson stated, they could add enclosure to the list of proper restraints. To throw it out to the public is asking for it to be a long time before completion. He did not think they need to go any further with this. Mayor Gamache thought they should vote on the motion because they have not changed anything. He thought it sounds like they are getting to a point where they need to deal with this in a different manner and maybe the residents need to know at least what they are talking about. Motion carried 4 ayes, I nay (Knight). (ORD. 354) 0 CONSIDER CITY CODE AMENDMENT/TITLE 11 SUBDIVISION REGULATIONS Community Development Director Neumeister stated City staffhas been revising the Subdivision Ordinance, the section of City Code that determines the requirements and review 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 12 criteria for new subdivisions. Much of the language dates back to the original 1974 ordinance, so staffhas attempted to simplify the Subdivision Ordinance, remove outdated material, and update it to conform to policies and regulations that are currently being used. Mr. Neumeister reviewed the amendment with the Council. Councilmember Jacobson stated on page 23, line 16, it states "Comprehensive Plan where subdivision controls may apply to a plat". He stated he would delete the word "may" and add "will". Mr. Neumeister thought the reason they worded it "may" is because there are times when a plat has been approved yet they still want to have the same park dedication and trail fees. Councilmember Trude thought it is permissive because new rules may apply. Mr. Neumeister stated that is correct. Mr. Berkowitz stated it is for flexibility for resubmission. Councilmember Trude agreed with staff on this. Councilmember Knight stated on page 14, under D5, aerial photos, it seems to him that given the technology they have today, they can use that to their advantage and it is so easily available now. 0 Councilmember Trude stated in the definition area on page 4, line 21, they are talking about areas where they take easements and they said "Cable TV" and in other areas they went to the term communication lines. She thought they should reword it to read "Cable TV, communication lines" because she want to be sure they cover fiber optic cable and any new technology that comes m. She stated on line 35 of the same page they are talking about installation of public or private utilities including but not limited to potable water and it should be "potable water systems". She stated on page 5, under trail, line 27, she wondered if it would be easier to take out the comment "within or across a block or blocks". She thought a statement reading "a public right-of-way or easement to provide access for pedestrians" is probably a better definition. She stated on page 6, at the top they list required public improvements and they do not list the emergency access drives they are doing more often now that the County does not allow them to build access to County roads. She thought that should be added in after "streets, emergency access drives". Councilmember Orttel stated on page 6, line 21, this has come up before regarding mottled soils and they had engineering statements that indicated the mottling occurred through some geologic formation where it did not affect the level of the house being placed in it and this does not allow for it and he wondered if this should be in here. Mr. Berkowitz stated they do allow that flexibility if a geotechnical analysis is done and they would word the definition properly. Councilmember Trude stated that sentence should read "The elevation of mottled soils or the highest anticipated ground water table or the elevation shown by a geotechnical study accepted 0 by City staff." Councilmember Knight stated on page 28, cul-de-sac, the word "shall" should be "will". Councilmember Orttel thought they should leave the wording and let them ask for a variance. 0 Regular Andover City Council Meeting Minutes -September 18,2007 Page 13 Motion by Jacobson, Seconded by Knight, to approve the revised Subdivision Ordinance and the attached Summary Ordinance as presented and amended in addition the Preliminary, Final Plat and Sketch Plan Checklists adding numbers. Motion carried unanimously. (ORD. 355) APPROVE EXTENSION OF LIQUOR LICENSE TO INCLUDEPATIO/TANNERS STATION Tanners Station has applied for an extension of their liquor license to include their proposed outdoor patio. Councilmember Trude indicated she asked that this be discussed in light of a publication they get from their insurance carrier in August. There is a section in there that says "to exercise their authority Cities must pass a local ordinance to regulate outdoor smoking including smoking patios." The Freedom to Breathe Act grants them the authority to pass those ordinances that are more restrictive than a State Law so they can make a decision but her issue is there are a number of things in the center of the page in the article that they may want to look at as they are asked to do this by all of their businesses that sell alcohol. The League suggests they look at conditions 0 relating to fencing, screening, hours, days, noise, entertainment, patio size, placement, etc. and she hated to give carte blanch to the first people who come forward without discussing this because it could really impact the area She thought if they have time at the next work session to discuss this she would like to do that. Mr. Dickinson indicated he could add this to their work session on September 25, 2007. Motion by Trude, Seconded by Orttel, to table this to discuss further at the September 25, 2007 worksession meeting. Motion carried unanimously. SCHEDULE OCTOBER EDA MEETING Motion by Jacobson, Seconded by Knight, to schedule the EDA meeting for October 2,2007 at 6:00 p.m. Motion carried unanimously. SCHEDULE OCTOBER WORKSHOP MEETING Motion by Trude, Seconded by Orttel, to schedule a Council Workshop for October 23, 2007 at 6 :00 p.m. Motion carried unanimously. The City Council recessed at 9:45 p.m. 0 The City Council reconvened at 9:50 p.m. 0 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 14 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and City department activities, meeting reminders and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activities in the City. MAYOR/COUNCIL INPUT (November Elections) - Mayor Gamache stated the school districts will be conducting elections in November and one question will be regarding the bond issue and he suggested looking online for where you can vote. He stated District 11 is discussing drastic reductions in case the bond does not pass. Councilmember Trude stated there was discussion regarding what the impacts will be and if 0 this does not pass they are talking about closing some elementary schools along with one high school and because Andover High School is the smallest, that may be the one they close. Mayor Gamache stated if anyone has questions, they can go to the Anoka Hennepin website to find answers. (Outdoor patios) - Mayor Gamache stated there are a number of things they can do as a City regarding the outdoor patios for restaurants and he thought they need to have some way to look at that when they discuss this at the worksession. Motion by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:09 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0