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HomeMy WebLinkAboutCC - March 3, 2009 C I I T Y O F 1 r po� © 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, March 3, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/17/09 Regular Meeting; 2/17/09 Closed Session) Consent Items 2. Approve Payment of Claims — Finance 3. Request Bids for Fire Truck — Fire 4. Reject Bid & Award Bid/09- 10/Diseased Tree Removal/Sanitation Enforcement —Engineering Discussion Items 5. Approve Sale of Bonds — Administration 6. Hold Public Hearing/08- 37/157` Avenue Reconstruction (MSAS 102) —Engineering © 7. Consider Conditional Use Permit/Automobile Service Station /13533 Jay Street NW —Planning 8. Consider Conditional Use Permit /Telecommunications Antenna /Andover Station North - Planning Staff Items 9. Administrator's Report - Administration Mayor /Council Input Adjournment C i T Y o NDOV!� REGULAR ANDOVER CITY COUNCIL MEETING —MARCH 3, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 3, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Community Development Director, Will Neumeister Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Fire Chief, Dan Winkel Others PLEDGE OFALLEG)ANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES February 17, 2009, Regular Meeting: Correct as amended. Councilmember Trude stated on page three, line 13 she would like to have a sentence changed to read: "Councilmember Jacobson explained he is the Chair of the Public Works Committee. Since meeting with staff, he and Councilmember Trude who is also on the Committee, have come to the conclusion, for a couple of different reasons, they would like to recommend Rank #2 Ventre Street /168`" Lane be selected for MSA designation instead... ". Regular Andover City Council Meeting Minutes — March 3, 2009 Page 2 Councilmember Trude stated on page four, line 36, it should be " advisory speed change" and on page six, line 3, and delete oost ..,,.,i f the aeeess and she spoke about " staging the project for complete build out over time ". Councilmember Trude stated they were talking with the investigator after the police report on page three and she made some comments about people leaving their valuables in plain sight in their vehicles and it is not reflected in the minutes. She asked that a line be added after the first line stating " leave their valuables visible in their vehicles out ;ova e epee and then on the next line delete "before leaviag hom ." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. February 17, 2009, Closed Session Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Request Bids for Fire Truck Item 4 Reject Bid & Award Bid/09- 10/Diseased Tree Removal /Sanitation Enforcement Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE SALE OF BOND Mr. Mark Ruff, Ehlers & Associates, presented the results of the City's sale of the following bond issues authorized at the February 3, 2009 Council meeting for the $2,380,000 General Obligation Bonds, Series 2009A. $380,000 General Obligation Equipment Certificates, Series 2009A $1,020,000 General Obligation Water Revenue Bonds, Series 2009A $970,000 General Obligation State Aid Refunding Bonds, Series 2009A © Mr. Ruff presented the City with a plaque for the upgrade from AA- to AA+ in the Standard & Poor's Bond Rating. Mayor Gamache stated it is helpful to the residents that they are able to receive the upgrade and staff © Regular Andover City Council Meeting Minutes — March 3, 2009 Page 3 has done a great job in keeping them abreast of changes that are coming up. In the last three months they have had issues where they had to worry about the Governor re- alloting and losing money but they are prepared for that and they are in the middle of their process to amend their 2009 budget and staff was prepared for that. They will not see some of the difficult hits that some other cities will be facing in 2009. They have developed a reserve fund in their budget which has been helpful overall. Councilmember Knight stated in regard to the reserve funds they keep it at or below what is in the State's recommendation. Mr. Dickinson stated that was correct. Councilmember Trude wanted to send her compliments to Mr. Dickinson for watching things closely and they value all that he does to help them procure funds at very low rates. Mr. Dickinson stated this is a team approach and staff has helped out significantly to achieve the budget and the reserve balances as necessary. Motion by Jacobson, Seconded by Trude, to approve the attached resolution accepting the proposal on sale of the respective bonds based on the bid tabulation that was presented by Ehlers & Associates. Motion carried unanimously. (Resolution R015 -09) HOLD PUBLIC HEARING 108- 37 1157 RECONSTRUCTION (MSAS 102) The City Council is requested to hold a public hearing at 7:00 p.m. for Project 08 -37, 157' Avenue Reconstruction (MSAS 102). Mr. Berkowitz reviewed the information with the Council. Councilmember Trude asked where Ham Lake was in regard to their portion of the project. Mr. Berkowitz stated Ham Lake does not assess the project. They use 100 percent of State Aid for that so they are ready to move forward and are waiting to see what Andover does in regard to this project. He stated the next step, if Council orders to move forward with the project, is to order the plans and specs, approve and then put out for advertising and bid sometime in April. Councilmember Trude thought Tulip Street was a similar road where it was a State Aid road but assessed to the neighbors. Mr. Berkowitz stated that was correct and this is consistent to what they have done in the past. Mayor Gamache asked if staff knew what type of savings they are looking for or hoping for if they bid this with Ham Lake. Mr. Berkowitz stated the construction value is in the $380,000 range, if they role this in with Ham Lake, theirs is around $600,000, so it takes it from a $380,000 project to close to a million dollar project, the economics of scale, using a project that moves from small to large they are probably close to ten percent. Councilmember Jacobson asked if this project goes forward, what will happen relative to storm water. Mr. Berkowitz explained the reason for the storm water modifications, why they need to © Regular Andover City Council Meeting Minutes — March 3, 2009 Page 4 replace some of the concrete curb and gutter and the need to add storm water catch basins to collect water runoff. Motion by Knight, Seconded by Trude, to open the public hearing. Motion carried unanimously. Mr. Arnie Peterson, 331 157 th Avenue NW, stated he has been a resident for thirty -one years and when this road was first put in there was no cost to them at all. He is appealing to the financial situation they are in, this adds a burden on him and his household and asked the Council to relieve them of the $5,000 assessment and use State funds. He stated this is a high access road and is just as well traveled as Constance Boulevard. He did not think they should pay the financial burden of the road. Mr. Wardell Moe, 375 157 th Avenue NW, stated he has a degree in transportation and road management and spent thirty-five years in the transportation industry. He showed some photos of the road. He stated when the road was originally built they had weight restrictions on the road but it was lifted and then they started having a great deal of stress on the road. He stated this road was built for City travel, not highway traffic and yet the trucking companies use it all the time. He stated © he has a problem with this because anytime they have had damage done to a road or property; it is usually the people or business that causes the damage that pays for it. He stated Ham Lake is not assessing the project but using State money to fix it and he did not know why Andover could not do this. He did not feel this was fair they should bear the burden of this upgrade when the State is putting in Ham Lake's portion of the road. He stated he did not follow the reasoning. Councilmember Jacobson stated the Braastad operation was approved by Ham Lake and not Andover but as to the financing, the total cost of this, City and State Aid funds are paying for three quarters of the cost so they would be assessed only for the cost of a regular City road so the extra depth and size is being paid for with other funds. Mr. Wardell agreed but did not think the road would have needed to be repaired this soon if it were not for the trucks. Ms. Pam Breyen, 275 157 th Avenue NW, stated she lives on the curve and knows there are potholes and she knows the City has rules in place but this is a different economy and finances are not so good and people are not eager to pay all this money for anew road. She stated she will be paying $10,000 for the new road and this is a lot of money to come up with in this economy. She wanted to appeal to the Council to keep in mind this economic time and that it is not the same as before. She asked the Council to consider this before making a decision. Mr. Ron Sandford, 130 157"' Avenue NW, stated he will be paying $10,000 in assessments for his part of the road. He would love to have the road repaired but he cannot afford the assessments at this time. © Mr. Ken Slyzuk, 14124 Crosstown Boulevard, stated Engineering has come before him to tell him that to the blessing of the road coming through they have figured out there is an extra available lot to the west that is buildable and if he gets assessed for a buildable lot, does a building permit come with it. Councilmember Trude asked what property he is at because he was not on the list. Mr. Berkowitz Regular Andover City Council Meeting Minutes — March 3, 2009 Page 5 stated the reason why Mr. Slyzuk is not on the list is that his daughter is listed as owning the property solely. He explained the circumstances involved with Mr. Slyzuk's lot. Mayor Gainache asked if there is a lot of peat in the area. Mr. Slyzuk indicated the peat is shallow but he thought the corner on the western edge, which is sandy, would be buildable. He stated he is not eager to pay these types of assessments for this road. He wondered if this will be built for a nine ton road. Mr. Berkowitz stated it would. Mr. Berkowitz stated Mr. Slyzuk's property may fall under green acres and they do have a stipulation in their policy that if the property does not change, the green acres designation for a length of fifteen years, the assessment will expire at that time. He stated if this were to move forward, any owner that thinks they are under the green acre status needs to provide to staff that information and then before they approve the final assessment role, it would be identified as green acres with those stipulations of a deferred assessment. Councilmember Trude asked if the two lots were calculated at the 412 address or is there no address for this lot. Mr. Berkowitz stated it was assessed at Mr. Slyzuk's daughters' home address. © The Council discussed with staff Mr. Slyzuk's property and how staff figured out there is a second lot that could be assessed. Ms. Theresa Sandford, 130 157 Avenue NW, stated her property is not much larger than the other properties but has more frontage road and has a lot of wetland there. She stated the assessment will be a hardship for them. They have deferred maintenance on their property and this needs to be deferred. She stated the hardship is the $10,200 assessment and it will not fit into their budget. Mr. Franklin Peach, 75 157 Avenue NW, stated this is a great hardship especially during this time in the economy. He stated he is the sole provider of his family and his wife homeschools and they feel they take on the burden of the cost of public schools and the only place the money would come from would be from his child's college funds. He also did not understand how Ham Lake could do this without assessing and Andover is going to assess the costs. He wondered why the people within the MUSA are going to pay less than those outside of the MUSA. Mr. Berkowitz explained to the residents and the Council the way they assess property for reconstruction based on MUSA. Mr. Peach felt this did not add value to his property because it causes more traffic to go down this road. He stated he did not want this road improved and would rather have a dirt road. © Mr. Sandford stated when University Avenue Extension was redone they were going to assess a thousand dollars for each 300 feet and he ended up not paying on that because part was in flood plain and the other part was flood fringe. Mr. Berkowitz reviewed with the residents what the breakdown would be for improvements to city roads. © Regular Andover City Council Meeting Minutes — March 3, 2009 Page 6 Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Councilmember Jacobson asked if this project did not go forward on the Andover side what would happen with the Ham Lake side. Mr. Berkowitz stated they are planning on still moving forward and it would probably cost Andover more money if they waited a year or two since the costs would go up and they would not get a break by doing the road at the same time. Councilmember Trude stated as she listened to people and their personal situations it concerns her and she has heard something she has not seen in other public hearings, this road is serving a lot like the County roads has served the community and she cannot think of a situation like this. She did not think this quite fits the mold of things she has seen with other roads and she wanted to be a little more creative in distinguishing it from other projects they will be looking at. She felt they need to look at this with a little more of a creative approach than they have a typical neighborhood. Councilmember Knight stated there are approximately thirty homes in the Nordeen's Addition which comes out and feeds the street so it is not just the residents on 157 Avenue using it, it is two other developments and he thought this was a dilemma they need to look at. Councilmember Jacobson stated he did not hear anyone say that the road did not need repair, what he heard was the cost and the hardship it would create for the residents. He stated if they delayed the project on their side of University he wondered if it would be cheaper to do it next year or not. He figured it would not be any cheaper. He thought if they waited a year the roads could handle it but the cost would be more. He stated they have looked at lowering the interest rate and extending the amount of payment time and he did not know what else they could do. He is at the point where he is listening to the economic situation status more than he normally would on projects. He stated they have to decide if they need to look at ways to lengthen the payment period and is there something they can do or do they kill the project for a year and see if the cost comes down which probably will not happen. Mayor Gamache stated it is always difficult to do these projects and hear the hardships they can cause but they are at a unique point in time where this is probably going to be the lowest cost they will get to get the project done. Some of the issues they have is they only have twenty homes for the long length of road but they have the 4.5 percent interest rate and will probably save ten percent on the cost if they go in with Ham Lake on this. The stimulus package has been approved but the bidding times are going to be the best they have had since the money has not gotten to the cities yet and will have bids that will probably be lower and opportunities to go in with another city which will lower the costs. It is hard to look at the numbers when the assessments are high but the road does need work and that is the dilemma they have. © Councilmember Trude stated the City Attorney had something they could took at. They were looking at the feeder streets coming out onto this road and the only way they can get out of town and she wondered if they could assess those neighborhoods for this road. Councilmember Jacobson thought they would get into legal issues with this. Mr. Dickinson stated the City also has the option of deferring assessments for the lots that are not split that could be split. © Regular Andover City Council Meeting Minutes — March 3, 2009 Page 7 Councilmember Bukkila asked if there is a way to table it for now and come up with options for each of the homeowners. She wondered if they spread it out over ten to fifteen years to make it more workable. Mr. Dickinson stated they can provide the spreadsheet to those who want it but he did not want to go beyond fifteen years since the cost to administer those would be extremely expensive. Mr. Berkowitz reviewed the timeline for this project. Mayor Gamache stated that would give them about a month to sit down go over some options with the residents. He thought they should move forward with the bid process and at that time they would decide what to do next or if they wanted to stop the project. Councilmember Knight stated with that in mind, any deferral process they should know while they are looking at the bids. Councilmember Trude stated she is also concerned about the people who have more than one property being assessed. Mr. Dickinson stated he is willing to talk to and work with the residents to get questions answered and try to make this work. It may not change their feeling but will talk about their options about any potential problems and staff can work with different types of options that are out there and cater to particular instances out there. Councilmember Jacobson stated with the caveat they are talking about on the bid will this erase the ten percent savings they may get. Mr. Berkowitz stated he is not sure and could not guarantee it. Councilmember Trude thought they may do alternate bids so it could be the Ham Lake side, Ham Lake /Andover side. Mr. Berkowitz stated they may think there is a potential for them to pull out and they may not care either way but he is not sure and indicated they needed to make it clear in bid documents so they do not run into a legal issue when they try to pull their section out. He stated they would look at this as Ham Lake is the base bid and Andover is the alternate. Councilmember Trude stated there are several people listed as potentially $10,000 assessments and no one spoke from the property at 524. An audience member was present to represent that property and indicated he had the same feeling as the others and the point of if they can develop or not is hard to say. The other concern she had is she did not think they have talked about a situation where they have had twenty -five percent of the people come up to the podium and say they have lost a job, underemployed or cannot retire. In her opinion a road can wait a year or two if that is the way the neighborhood feels. She stated she has not heard anyone in the neighborhood say they wanted the road done. She thought this road was unique and a major connector route and she thought they could consider a twenty -five percent buy down of the assessed portion since it is a unique road. She wondered if the other Councilmembers would consider having staff look at this since their policy does allow the Council to listen to people and have some subjective approach to this given the uniqueness. She thought the uniqueness of this project which will not be seen on other projects is 157 th serves like the County roads and she thought the City should put a little more into it. ® Councilmember Knight stated one of their functions as a City Government is to try to find ways to make things work rather than dictate and he thought that is what they are doing. Regular Andover City Council Meeting Minutes — March 3, 2009 Page 8 Motion by Jacobson, Seconded by Knight, to approve the resolution ordering the improvement of Project 08 -37, 157` Avenue Reconstruction (MSAS 102) and to order preparation of final plans and specifications with the following criteria: 1. Have staff look at extending the assessment period and give them numbers for ten to twelve years instead of eight. 2. Have staff look at deferments and the effect that will have. 3. Institute the lowest interest rate they can get. 4. Have staff reevaluate the potential for extra lots that they have identified in the plan to see if they are buildable or not. 5. Have staff search for additional financing alternatives to see if there is something else they could do. Councilmember Jacobson stated the reason he is moving this is because his fear is if they do not go ahead with it in conjunction with Ham Lake and prices continue to go up, this may be the lowest cost option they may have with options to try to keep their yearly costs as low as possible. The only caveat is that when the bids come in they look at them and they have the ability to stop the project at that time. Councilmember Trude wondered in criteria number 5 if Councilmember Jacobson is also looking at the City paying a little bit higher portion than their normal assessment to keep the project alive. Councilmember Jacobson stated he is open to looking at anything that staff could do that is reasonable and legal. Mr. Dickinson stated their current policy would say twenty -five percent so to defer from policy is truly a Council decision. Councilmember Jacobson stated they needed to be careful on this because any project coming in the future will be looking at this project and ask for the same thing. Councilmember Trude thought this project can be distinguished from other projects they have done in the City. City Attorney Baumgartner stated the discretion is up to the Council but whatever is done here will be looked at in the future by other projects. With what has been said he thought there is some distinguishing characteristics of this roadway compared to other roads. If the Council decides to go down the avenue suggesting this is distinguishable enough so that it would separate itself from the typical twenty -five percent, he suggested they find some sound findings to support that decision. Councilmember Trude thought one could be the connection of State Aid Highways along with two complete developments feeding out onto this roadway as well. Motion carried unanimously. (Resolution R016 -09) © CONSIDER CONDITIONAL USEPERMITI AUTOMOBILESERVICESTATION /13533JAY STREET NW The applicant is seeking to use the existing building on the site for repair and service of vehicles. City Code 12 -12 requires a conditional use permit for this use and City Code 12 -8 -7 provides q Regular Andover City Council Meeting Minutes — March 3, 2009 Page 9 performance standards for automobile service stations. The criteria for granting conditional use permits and the specific regulations for automobile service stations are in the report. Mr. Neumeister reviewed the information with the Council. Mayor Gamache asked if the City has received a letter outlining the level of service that will be provided on the site. Chief Winkel stated they have not. Mayor Gamache asked if they do not receive a letter from them where do they go. Chief Winkel stated that would be up to the Council and if they would finalize the CUP. He would request the Council make this a condition of the CUP. Councilmember Jacobson stated in the attached information from the application was prior to this application they already had repair services for buses and everything else, this CUP is for regular cars and vans. He knew the City Attorney looked at the issues as to whether or not they need a CUP but as part of the review was the City Attorney saying their claims and working on buses does not stand up and not valid and need a CUP for vehicles. City Attorney Baumgartner stated to the best of his recollection they had an issue of whether there really was the type of mechanical repair being done on the buses out there and it was not to the extent to what they wanted to do with the automobile service. There was a differentiation between what they are asking to do with automobiles, as far as the repairs compared to what he remembered to be just minor items with the buses. He thought that was what they had distinguished the prior to what they are asking for now thus the need for the CUP. He thought the repair being done previously was to buses and it was minor repairs. Councilmember Jacobson stated there is discussion about screening and as he read the minutes from the Planning and Zoning Commission it indicated there was a three foot wall and at looking at the pictures he did not really see any screening at all. He wondered if there should be more screening. Mayor Gamache asked if they had any space on the south side of the building for screening. Mr. Neumeister thought there could be a small planting row there if the Council would like. City Attorney Baumgartner stated in item four of the resolution, talking about the letter that is to be provided and if there was going to be something in the letter that would be objectionable to the Fire Chief such as fire suppression or fire safety needs the letter should not be enough, it should also be subject to the Fire Chief. Councilmember Trude thought it should be reworded, "Approval by the Fire Chief of the described services ". Chief Winkel stated they want to make sure that anything that is going to be down there does not require a higher level of protection than what would currently be there. Motion by Knight, Seconded by Bukkila, to approve the proposed conditional use permit with the change to item 5 for Fire Chief approval and screening on the south side as reviewed by ARC. Councilmember Trude stated if there are any other items in the resolution that needed to be adjusted or changed, staff should be able to conform it. Councilmember Knight agreed. Motion carried unanimously. (Resolution R017 -09) © Regular Andover City Council Meeting Minutes — March 3, 2009 Page 10 CONSIDER CONDITIONAL USE PERMIT /TELECOMMUNICATIONS ANTENNA/ ANDOVER STATIONNORTH Verizon Wireless has applied for a Conditional Use Permit to locate a cellular phone antemia in Andover Station North between the easterly and central ball fields. Mr. Neumeister reviewed the information with the Council. Councilmember Knight asked who is responsible for repair if a ball were to hit the antennae. Mr. Dickinson stated that would be at Verizon Wireless' cost. Councilmember Trude wondered why they need to fence in the building because kids will climb a fence to retrieve a ball. Mr. Dickinson stated the main reason for fencing is mainly to protect the equipment that is there. Mr. Dickinson stated there could be a problem with the A/C Unit which is hanging on the wall if kids were to get in there. Mayor Gamache thought it may be an insurance issue. Mr. Dickinson stated he has previously asked for fencing on the locations in town where they have done these because of the equipment on site which is very expensive. Councilmember Trude thought if they fenced in the A/C unit and generator it would not cause problems and be less noticeable to kids. She thought if a fence is installed kids will be climbing the fence to get fly balls out. Mr. Dickinson stated staff would have access to the site in order to retrieve things that have gone into the area. Councilmember Trude wanted to add a condition that they do not fence the building area and if they need to fence it she wanted the fencing around the A/C Unit and generator only. Mr. Jim Nelson, representing Verizon Wireless, stated the building and equipment inside will not be damaged; the vulnerability will be the air handling units, external A/C Units and generators. They have had vandalism to the air handling units which will put the site out of service if not caught right away. Councilmember Trude asked if the fence in the photo in the staff report would be adequate enough with a cover on top. Mr. Nelson stated they would be willing to look at some type of roof net or cap but it would be the City's responsibility to retrieve anything that is on them. Mayor Gamache stated the building is going to be ten feet tall and in order to put a roof on the fence will need to be ten feet tall which is taller than the current fences out there. Councilmember Bukkila stated the Planning Commission had an issue with a six foot fence versus an eight foot fence; the climbable fact is that if it stops at six feet you cannot reach the top of the building but if the fence is eight feet tall someone could climb to the top of the building. Same as with a peaked fence so balls would roll down, you would bring back the climb ability factor since it Regular Andover City Council Meeting Minutes — March 3, 2009 Page 11 would reach the height towards the roof Mr. Nelson stated at this point the fence is far enough away from the building where if it was climbed a person could not reach the roof of the building. If they were to alter it to go from the building out to the generator and back a person would be able to get to the roof and they would not want to do that. Councilmember Trude thought they would then want to use a six foot fence. Mr. Nelson stated their normal installation includes a barbed wire but understands that is not applicable here but a six foot fence attached to the building will still allow someone to get on top of the roof. Councilmember Knight stated the problem they have is on a weekend balls could be lost and no one would have a key to retrieve them so someone would end up climbing the fence to retrieve the balls. Mr. Nelson stated access is available to the City however they choose to allow access. There would be a double lock situation. Mr. Dickinson stated the concession stand will be open during tournaments and they could have the key in case a ball does go into the fenced area to be retrieved by them if needed. Mayor Gamache stated Andover Baseball Association was asked about this and they did not have a problem with this. Mr. Dickinson stated they talked about what would be there. Councilmember Jacobson stated he would like to see an eight foot fence just around the generator and A/C units. Mr. Nelson stated they would have a problem with a fence that tall because that would allow access to the roof of the building. Councilmember Trude thought if they allowed the six foot fence with barbed wire it would need to be a very small area. Councilmember Knight stated he would have a problem with barbed wire and little kids. Councilmember Trude wondered why they could not go back to the larger building with putting all the equipment inside the building so they do not need a fence. Mayor Gamache thought the fence needed to be what Verizon Wireless feels it should be. Councilmember Jacobson asked if the trail is covered in the commercial site plan. Mr. Neumeister stated that was correct. Councilmember Jacobson asked where the fuel tank will be located. Mr. Nelson stated it is on the generator located inside the cabinet. Councilmember Jacobson asked if in the future there will be another antenna will the building need to be enlarged. Mr. Dickinson stated they would need to increase the base. Mr. Nelson stated the space could be leased on the pole but the building will not be shared. Councilmember Trude thought the fence should go to site plan review and to remove item six from the conditions in regard to putting slats in the fence since it obstructs visibility and could be an issue. She wondered on item eight, the fence enclosing the equipment shall be vinyl coated chain link fence, eight feet high, not containing barbed wire, what the difference is between a regular fence and Regular Andover City Council Meeting Minutes — March 3, 2009 Page 12 vinyl coated fence. Councilmember Jacobson stated one is galvanized and the other is dipped in plastic. Mr. Berkowitz stated vinyl coating is more attractive. He stated his opinion on the slats is they are hying to provide something aesthetic out there and the slats will provide that. Motion by Jacobson, Seconded by Bukkila, to approve the proposed conditional use permit with the elimination of item six. Councilmember Trude stated on item eight they needed to be more descriptive on where the fence will be located. Motion carried unanimously. (Resolution R018 -09) ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP projects and Legislative items. Fire Chief Winkel updated the Council on a house fire in the City on Sunday and other calls they have had. 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. MA YORICO UNCIL INPUT (Civic Education Event provided by the League of Woman's Voters) - Councilmember Trude stated there is an event coming up on March 30, 2009, 6 -8:30 about civic education that the league of woman's voters is putting on. (Home Value Notices Coming) - Councilmember Trude thought people will start to get their home values the middle of March from the County. Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 10:05 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — March 3, 2009 Page 13 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MARCH 3, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 RequestBids for Fire Truck ......................................................................... ............................... 2 Reject Bid & Award Bid/09- I O/Diseased Tree Removal/Sanitation Enforcement .................... 2 APPROVE SALE OF BOND Resolution R015- 09 ........................................ ............................... 2 HOLD PUBLIC HEARING /08- 37/157 AVENUE RECONSTRUCTION (MSAS 102) ResolutionR016 -09 ......................................................................................... ............................... 3 CONSIDER CONDITIONAL USE PERMIT /AUTOMOBILE SERVICE STATION /13533 JAY STREETNW Resolution R017- 09 ............................................................ ............................... 8 CONSIDER CONDITIONAL USE PERMIT /TELECOMMUNICATIONS ANTENNA/ANDOVER STATION NORTH Resolution R018 -09 ....... ............................... 10 ADMINISTRATORREPORT ...................................................................... ............................... 12 MAYOR/COUNCIL INPUT ......................................................................... ............................... 12 Civic Education Event provided by the League of Woman's Voters ........ ............................... 12 HomeValue Notices Coming .................................................................... ............................... 12 ADJOURNMENT.......................................................................................... ............................... 12