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HomeMy WebLinkAboutCC August 3, 2005 ~DbVE~ ~~ . wu.J::t:.Ln <6 -lie -(6 / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Wednesday, August 3, 2005 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. Approval of Minutes (7/5/05 Regular; 7/19/05 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Quotes/05-7/2005 Trail Maintenance - Engineering. 4. Approve Quotes/04-34/Whispering Acres/SS & WM - Engineering 5. Accept Petition/Order Feasibility Report/05-43/Hanson Boulevard NW Frontage Road - Engineering 6. Approve Change Order #1/04-36/Lift Station #4 Improvements - Engineering 7. Andover Station North - 2005 G.O. Improvement Bonds-Fund Transfer - Finance 8. Approve Appointment Recommendation/Deputy City Clerk - Clerk 9. Approve Appointment - Parks Maintenance - Administration Discussion Items 10. Approve Quote/05-29/14355 Crosstown Boulevard NW/SS & WM, Cont. - Engineering 11. Award Bidl05-13/City Hall HV AC Replacement, Cont. - Engineering 12. Consider Various Code Revisions (Part 5) - Planning Staff Items 13. Schedule EDA Meeting (August 16, 2005) - Administration 14. Schedule Joint Meeting with Community Center Advisory Conunission - Administration 15. Administrator Report - Administration Mayor/Council Input Adjournment / Regular Andover City Council Meeting Minutes - August 3, 2005 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 3, 2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM... ...... ............ ............ ...... ........ ............... ............................... .... ............ .....1 AGENDA APPROVAL .............................................................................................................1 APPROVAL OF MINUTES.......................................................................................................1 CONSENT ITEMS Approve Payment of Claims ........... ........ ......... ...................... ............... ....... ............ .............2 Approve Quotes/05-7/2005 Trail Maintenance ....................................................................2 Approve Quotes/04-34/Whispering Acres/SS & WM..........................................................2 Resolution R13I-OS approving Change Order #1/04-36/Lift Station #4 Improvements .....2 Andover Station North - 2005 G.O. Improvement Bonds - Fund Transfer.........................2 Resolution R132-0S approving Appointment Recommendation/Deputy City Clerk...........2 Approve Appointment - Parks Maintenance ........................................................................2 ACCEPT PETITION/ORDER FEASIBILITY REPORT/05-43/HANSON BOULEVARD NEW FRONTAGE ROAD \ Motion to Approve Resolution R133-0S ...............................................................................3 J APPROVE QUOTE/05-29/14355 CROSTOWN BOULEVARD NW/SS & WM, CONT. Motion to Approve ... ............... ............... .............. ......................... .......... ..... ....... ..................3 AWARD BID/05-13/CITY HALL HV AC REPLACEMENT, CONT. Motion to Approve Resolution R134-0S ...............................................................................4 CONSIDER VARIOUS CODE REVISIONS (PART 5) ...........................................................4 SCHEDULE EDA MEETING (AUGUST 16,2005).................................................................12 SCHEDULE JOINT MEETING WITH COMMUNITY CENTER ADVISORY COMMISSION .................. ....................................................................................................13 ADMINISTRATORS REPORT .................................................................................................13 MA YORlCOUNCIL INPUT Motorized Scooter Law ........................ .................................................................................13 Fire Station Three.... ............................... ........ ........... ........ ............................................... .....13 Community Center............ ........... .............. .......... .... ..... ................... ........... ........ .................. .13 Andover's Annual Golf T OUffiament......... .... ................... ........................... ..................... .....13 National Night Out ............................... .................................................................................13 Joint Meeting with the Community Center Advisory Committee .........................................14 Issue with Ponds in the City ..................................................................................................14 ADJOURNMENT ...................... ................................................................................................14 / REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 3, 2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 3, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Ken Orttel, Julie Trude Mike Knight City Attorney, Barry Sullivan City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the City Council. AGENDA APPROVAL Remove from Consent Items for discussion Item 5, (Accept Petition/Order Feasibility Report/05- 43/Hanson Boulevard NW Frontage Road) Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES July 5, 2005, Regular Meeting: Correct as amended. July 19, 2005, Regular Meeting: Correct as amended. Councilmember Trude stated on page 7, they were talking about the Ordinance update with accessory buildings and backyards. Paragraph 7, line 3, should read "at the front of the neighbor's house and she thought this looked awful and devalues the entire neighborhood." Regular Andover City Council Meeting Minutes - August 3, 2005 Page 2 / Councilmember Trude stated on Page 10, line 2, the sentence was not complete. It ended with property. "...property's future land use." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. Councilmember Jacobson stated on page 3, the bottom paragraph should read "...there is a City benefit to the lake because there is a public swimming and boat launch area there and he thought that each city should pay a third and the lake homeowners should pay a third because the lake residents in the long run benefit...". Councilmember Jacobson stated on page 4, second paragraph the sentence should read".. .he thought the lake homeowners should pay. . . " Councilmember Jacobson stated on page 5, second paragraph, sentence two, should read "...Ash trees are supposed to go; they are blocking the views from the patios." Councilmember Jacobson noted on page 6, the motion should read "Motion by Orttel, Seconded by I Jacobson, to direct the Planning Commission to discuss and study the issues outlined in the report related to Transitional Commercia1/Industrial Land Use with Public Hearings following the study once the study have has been completed. Motion carried unanimously." Motion by Orttel, Seconded by Jacobson, approval of the July 19, 2005 Minutes as indicated above. Motion carried 3 ayes, 1 present (Trude). CONSENT ITEMS Item 2 Item 3 Item 4 Item 6 Item 7 Item 8 Item 9 Approval of Claims Approve Quotes/05-7/2005 Trail Maintenance Approve Quotes/04-34/Whispering Acres/SS & WM Approve Change Order #1/04-36/Lift Station #4 Improvements (See Resolution Rl31-05) Andover Station North - 2005 G.O. Improvement Bonds-Fund Transfer Approve Appointment Recommendation/Deputy City Clerk (See Resolution Rl32- 05) Approve Appointment - Parks Maintenance Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. / Regular Andover City Council Meeting Minutes - August 3, 2005 Page 3 ACCEPT PETITION/ORDER FEASIBILITY REPORT/05-43/HANSON BOULEVARD NW FRONTAGE ROAD City Engineer Berkowitz stated the City has received a petition from Croix Oil Co. and ABC Mini- Storage requesting the improvement of Hanson Boulevard NW Frontage Road, Project 05-43. Mr. Berkqwitz discussed the staff report with the Council. Councilmember Jacobson stated the letter from Croix Oil Company and ABC Mini-Storage indicates they would like the assessments to be paid over a ten year period but he thought this should be assessed on the normal City policy time. Mr. Dickinson thought that was appropriate. Councilmember Trude wondered if they were paying a larger assessment would the City allow a longer assessment period. She indicated they are paying interest on this. Mr. Dickinson did not think it would make a big difference over time. Councilmember Orttel thought it was a point that may affect existing property owners. He wondered if eight is the most advantageous interest period. Mr. Dickinson stated with bonds they usually assess over an eight year period and time the payments with bond payments. This is where they get the best rate with a shorter term. j Councilmember Trude thought the only issue they have to think about is the burden to the . property owners. She indicated they have two property owners here and she thought they would get more interest with these then with the bank. Mr. Dickinson stated they charge one point over the bond rate so they cannot use these as investments. Motion by Jacobson, Seconded by Orttel, to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 05-43, Hanson Boulevard NW Frontage Road using the normal City policy time for paybac.k of the assessment. Motion carried (Res. R133-05) APPROVE QUOTES/05-29/14355 CROSSTOWN BOULEVARD NW/SS & WM CONT. City Engineer Berkowitz stated this item is in regard to quotes for Project 05-29,14355 Crosstown Boulevard NW for sanitary sewer and water main. Mr. Berkowitz discussed the staff report with the Council. / Councilmember Orttel stepped down because of conflict of interest. Councilmember Jacobson asked ifthe amount was agreed to by both parties. Mr. Orttel indicated it was but thought the ordinance needs to be cleaned up in the future. ) Regular Andover City Council Meeting Minutes - August 3, 2005 Page 4 Motion by Jacobson, Seconded by Trude, to approve quotes and award the work to Minncomm Utility Construction Co., Inc. in the amount of $19,655.00 for Project 05-29, 14355 Crosstown Boulevard NW for sanitary sewer and water main. Councilmember Trude noted this was tabled for further review and information. Motion carried unanimously. AWARD BID/05-13/CITY HALL HVAC REPLACEMENT, CONT. City Engineer Berkowitz stated the City Council is requested to accept bids and award the contract for Project 05-13, City Hall HV AC Replacement. Mr. Berkowitz discussed the staff report with the City Council. Motion by Jacobson, Seconded by Trude, to approve the resolution accepting bids and awarding the contract to U.S. Mechanical, Inc. in the amount of$139,973.00 for Project 05-13, City Hall HV AC Replacement. Councilmember Trude wondered ifthey have a timeline for this. Mr. Dickinson stated it would be as soon as possible but they need to coordinate it around meetings. Mayor Gamache wondered ifthis was the lowest bid from the very beginning. Mr. Berkowitz stated they did some more research and they met with the contractor and subcontractors and they did submit a substantive reference list and they were very favorable. Motion carried unanimously. (Res. R134-05) CONSIDER VARIOUS CODE REVISIONS (pART 5) Revision 22 - Access Drives Mr. Neumeister indicated the proposed change is to add a defInition for "Access Drive" and to add "as required by Fire Code." The Council was fine with this change. Revision 36 - Accessorv Building in Front Yard Mr. Neumeister noted there was no proposed change to this Code. Councilmember Trude stated she saw a lot of accessory buildings that do not look anything like the Regular Andover City Council Meeting Minutes - August 3, 2005 Page 5 house. She wondered if this applies to all of the accessory buildings that people put in the backyards. Mr. Neumeister stated this is primarily for rural areas only. Councilmember Orttel stated this only applies to buildings in the front yards. Councilmember Trude thought they had talked about accessory structures and they have a general ordinance on accessory structures. The Council agreed to the changes. Revision 37 - Use Restrictions Mr. Neumeister indicated he checked with a few cities on what their ordinances are. He reviewed the other cities provisions with the Council. Councilmember Trude wondered if this was clear when people pulled building permits. Mr. Neumeister indicated he did not know how this was handled at the building department but he \ thought they would be able to handle this. Councilmember Trude thought the businesses were becoming more web based businesses so there were a lot of deliveries and storage in the garage and trash. She wondered if they should look into this and include some wording in the code to make sure there is still room in the garage to park cars. Mr. Neumeister stated they could look at wording for this. Councilmember Trude stated she would like to see what other cities are doing regarding web based businesses. Mayor Gamache asked if this would have to be some type ofa home business. Mr. Neumeister stated they will try to confine whatever changes they have to this related to business or industrial use of the garage. Councilmember Orttel thought this was already covered because they cannot use the garage for anything other than what it is intended to be. He thought this seemed to be kind of unnecessary. Councilmember Trude thought some home businesses have so many deliveries and trash that it is a problem for the neighborhood. Councilmember Jacobson thought Councilmember Orttel was right. Councilmember Trude stated she would like to hear what the Planning Commission thinks. Councilmember Trude thought having people work out of their homes is great because it alleviates the traffic on the roads but she wanted to find out more on this. Revision 38 - Fences and Walls Mr. Neumeister stated this section deals with fences and walls. The proposed change is to re-write the entire chapter. Specific, enforceable construction and maintenance standards will be included, and the language will be clarified, making the chapter easier to read, understand and enforce. He indicated a new sentence has been added to section 12-7-2-A clarifYing the fact that fences can be Regular Andover City Council Meeting Minutes - August 3, 2005 Page 6 placed up to the property line. Councilmember Trude thought if a fence was placed on the property line, it would impede on the neighbor's ability to place a fence on their property. Councilmember Trude stated on page 7, #2, it talks about other easements. An issue that has developed is the fences going into the drainage swills and wetlands and backyards that are wetlands. She did not know where this fit in and thought there could be some wording on this. Mr. Dickinson stated there is a fence handout. He stated they do not permit the process and it is complaint driven. Mayor Gamache asked on 12-7-3, side and rear yard structure fences, in areas with busy roads and people's backyards are against these roads, what other cities do regarding these. Do they stay at six feet and what if someone would berm and then put a six foot fence on top of this. Mr. Neumeister stated this would be allowed but the number was picked by the Building Department because of the wind loads. Building a berm is fine. Revision 41 & 42 - Bulk Fuel Mr. Neumeister stated the proposed change is that a new definition is needed, since one does not currently exist. Under Part A, it is recommended that the threshold for what constitutes a liquid storage tank shall be established. He indicated that gas Barbeque tanks was added as an exception. The Council was fme with the changes. Revision 46.47.48 & 49 - Home Occupations Mr. Neumeister stated this revision seeks to bring all the information into a single chapter and simplifY its presentation as much as possible. Mr. Neumeister discussed the proposed changes with the Council. Councilmember Jacobson asked if the permit expires when a resident moved from the house. Mr. Neumeister referred this to the City Attorney. City Attorney Sullivan stated it appears that when the property owner moves, the permit terminates. Councilmember Trude stated on page 13, she thought about web based sales and it says that home occupations cannot happen in garages and then it shows that home occupations are only the ones that are listed so web based businesses don't fit in any of the definitions. Mr. Neumeister stated the similar uses are a catch phrase that would include everything else that is similar. City Attorney Sullivan stated a similar use to him would be a professional business which to him means, Attorney, " Dentist, Accountant and he did not think it meant a warehousing type of business. Councilmember Orttel thought they may need an amendment to this code because he did not think they should be disallowed in the City. Councilmember Trude stated another issue is with businesses that use flame-able or combustible / Regular Andover City Council Meeting Minutes - August 3, 2005 Page 7 products in their business and store them in their home or garage. She was worried about the safety issue associated with this. She thought this should be checked into. Councilmember Trude stated on page 14, related to the garage, they should delete "detached". Councilmember Orttel stated there is a reason for this when it came in because he thought their general ordinance disallowed detached and they were going to allow it on a very limited basis. Councilmember Trude thought they needed to reference this. Revision 50 - Change of Use - Nonconforming Lots Mr. Neumeister stated the language about expanding a nonconforming use should be revised to provide a more precise definition of what is permitted with nonconforming uses. They struck out the word "extended" and left in enlarged in Item B. Councilmember Trude thought the way it was rewritten looked great. The other Councilmembers agreed. / Revisions 55. 56 & 57 - Exterior Storage Mr. Neumeister stated the term "licensed and operable" will be added to clarifY that vehicles stored off the driveway must be in good working order. The word "operable" will be added to the description of trailers to avoid the rear-yard storage of run-down, inoperable trailers. The term "landscaping materials" will be removed from Part A-2. This will remove its exemption from the Exterior Storage language and allow the regulation of landscaping materials stored on private property. Additionally, a provision requiring a building permit in order to store construction equipment on private property will be added to Part A-2. Councilmember Jacobson wondered how storage of boats was treated. Mr. Neumeister stated they can be up to twenty-feet in length. He indicated this could be stored in the backyard. Councilmember Jacobson indicated there is an exemption regarding recreational equipment and vehicles. He thought someone could consider a boat "recreational equipment". Mr. Neumeister stated they would refer back to the definition for this. Mr. Neumeister stated the Planning Commission discussed this and wanted to leave it alone because it brought up too many issues. Revision 58 - Trash Enclosures Mr. Neumeister stated this is a very simple change that would cause the trash enclosures to match the principal building and would blend in better. Councilmember Trude stated a question that came up in her neighborhood and people she had talked ) Regular Andover City Council Meeting Minutes - August 3, 2005 Page 8 to have indicated that garbage should be stored in a garage. She indicated she would like to see garbage stored inside and out of site from the front of the yard. Councilmember Orttel stated what this says is that all garbage must be stored in a container or building. He thought they had this with the trash containers everyone uses and he thought by storing the garbage in a garage, it would attract rodents. Councilmember Trude stated this is a small thing that improves the appearance of the neighborhood and other cities have this requirement. Revision 59 - Screening Mr. Neumeister stated the proposed change would provide all screening requirements in the performance standards section of the City Code. Reference this section as appropriate in other areas of the code. The proposed language is a composite of other cities' regulations structured in a topical format. Councilmember Jacobson wondered if a public street were not there, how this would be applied. Mr. Neumeister thought this might need to be reworded. He indicated this would be brought back after rewording. ) Councilmember Trude wondered if this is enforceable now. Mr. Neumeister stated it would not be because it is new language. Councilmember Jacobson did not think they would want to screen all of the sites from the business. Mr. Neumeister stated this was only for residential adjacent to business. Councilmember Orttel stated this would exclude residential homes even though some homes could be offensive because of their size or look, such as townhomes. He thought they should include some language regarding this. Revision 60 - Landscaping Mr. Neumeister stated the proposed change is to create landscaping requirements for non-residential properties that achieve a reasonable level oflandscaping. Councilmember Orttel stated these are only under commercial applications. Councilmember Trude stated some people go into the boulevard and decorate them and she thought it would be nice if they could have some plantings in the boulevard and have them maintained. She stated that some of the stuff that does occur does degrade a lot of properties. Mr. Neumeister stated the general public needs to know that it needs to be maintained out to the roadway in front or behind their homes and he did not think the public knew that. Councilmember Orttel stated it would be nice to start some type of plan that would indicate what needs to be planted if a fence was installed. Councilmember Trude thought this may be an Arbor Day project. Councilmember Orttel wondered in Item J if all landscape materials are vegetation. Mr. Neumeister stated they are. He stated these are common numbers that a lot of communities have arrived at for these kinds of commercial developments and assures an adequate number of plantings be put in at the time a business starts. / Regular Andover City Council Meeting Minutes - August 3, 2005 Page 9 Revision 65 - Drive in Businesses Mr. Neumeister indicated they proposed to delete this section because there really are not any drive- in businesses anymore. Councilmember Jacobson wondered if they crossed out all of these items, where does this come up again. Mr. Neumeister stated they do not have drive in businesses anymore; they do have drive thru type business and is dealt with through a Conditional Use Permit. Revision 66 - Permitted Use of Parking Area Mr. Neumeister indicated that no changes are needed. Revision 67 - Traffic Control Mr. Neumeister stated staff will bring forward a policy statement that will enable the Council to authorize a traffic study when it is warranted. There is no need to amend the Zoning Code to enable this to happen. It will be enacted as an amendment to the City's Transportation Plan. .' Councilmember Trude thought a policy approach makes sense. Revision 68 - Guesthouses The wording in Chapter 12-14-16 "Guesthouses" will not be deleted. Councilmember Orttel wondered which code is the correct one. He indicated one section indicates there are no sleeping quarters and the other says no kitchen. Mr. Neumeister thought the current section in the ordinance is correct. Councilmember Jacobson thought they needed to add wording "not for rent" to the wording. Revision 69 - Drive-In Business Standards Mr. Neumeister indicated this was reviewed with another revision. Revision 70 - Other Nuisance Characteristics Mr. Neumeister stated the "2-years" notation will be stricken from parts A-d of the section. / Council was okay with changes. Revision 71 - Animal Shelters Regular Andover City Council Meeting Minutes - August 3, 2005 Page 10 Mr. Neumeister indicated it is recommended that this section be moved to City Code 12-6, Accessory Buildings and Structures, and City Code 12-5, Setback Requirements. A specific section number will be assigned based on other potential adjustments to City Code 12-6. The Council was fine with this. Revision 72 - Visual Standards Mr. Neumeister stated the proposed change is to update the language, clearly prohibit the items from the existing list unless they are used as accent materials as evaluated by the Andover Review Committee. Councilmember Jacobson stated in section 12-14-22-b-l-a, it says they cannot use aluminum, steel and metal and there is a lot of nice aluminum and steel siding out there that a lot of buildings use; Mr. Neumeister stated they might want to include in there some type of concealed fastener so rust does not appear on the building. Councilmember Jacobson thought this should be reviewed. Councilmember Jacobson indicated there are nice roofing materials that are being used that are metal. Councilmember Trude thought they needed a description for this. Mr. Dickinson thought they might consider allowing a certain gauge of metal for siding. Mr. Neumeister stated he will bring this back after review. Revision 73 - Building Height The Council indicated they want to table this for a future work session. Revision 74 - Building Permits Mr. Neumeister stated the proposed change is to create a commercial site plan process that reflects the administrative policy that has been in place for years. Councilmember Jacobson wondered to what degree did ARC have the actual authority on a business site plan to say everything is okay and looks good. He wondered what the process is and is there any way the Council gets involved at all or is it strictly ARC. Mr. Neumeister stated any plan other than a Conditional Use would go through ARC and the Council would not see it unless there is a variance or a CUP. Councilmember Trude thought almost every plan in the past year has needed a variance or something / for review that they have seen so there are very few that have not been before the Council. Councilmember Jacobson indicated he would like to be informed. Mr. Dickinson stated they could add wording indicating that ARC does have the ability to defer a plan to the City Council. J Regular Andover City Council Meeting Minutes - August 3, 2005 Page 11 Revisions 75 & 80 - Code Amendments Mr. Neumeister stated language will be inserted into the existing code that will allow Staff to perform an administrative review of proposed text amendments to the City Code before they go before the Planning Commission for action. The "Amendments" section is also the ideal location to reference the Camp Plan as the guiding document for land use changes. In the rezoning section, the term "any person" will be replaced with "property owner or designee". Councilmember Trude stated there are times that the Council ignores the second part of this revision also because times have changed. She thought that would be the point where they would defer to State law. Mr. Neumeister stated these would also need to be approved by the Met Council. Revision 76 - Public Hearing Process Mr. Neumeister noted Chapter 12-15 will contain one subsection that will clearly explain the City's public hearing process including Planning Commission review and City Council approval. The language in the Rezoning, CUP, and Variance sections referring to the Public Hearing process will be deleted. References to the new section describing the City's Public Hearing process will be added to each of these sections, as well as the sections of the Code regarding Sketch Plans and Preliminary Plats, which also require public hearings. This new section regarding Public Hearings will be 12-15- 8. The former sections 8, 9, and 10 will be renumbered to reflect this. Councilmember Jacobson wondered if the notification of350 feet was too small ofan area and he wondered if they should make it larger to include more surrounding area Mr. Neumeister stated this is what is required by State law. Councilmember Jacobson stated in some areas that could include just one property. He wondered if this should be larger. Councilmember Orttel thought it may be logical to expand this in commercial areas where they are adjacent to residential. Councilmember Trude wondered if they do everything by State Law but add another clause that changes any zoning to more intensive uses the Council may request in a larger zone notification. Mr. Dickinson stated the indication need to come right away because they have to get the notification out before it comes to Council. Councilmember Orttel thought they could use more signs with more information. He wondered ifit would be wise for them to put in the code that the mailing list comes from the Anoka County records office. Councilmember Trude thought they could put in a phone number that would explain what is going on the proposed site. Mayor Gamache thought they could put information on the web site also. Councilmember Jacobson stated he has a technical question on the bottom of the 47. It says "the / City Council must take action on the application within sixty days following referral by the Planning and Zoning Commission." He thought it was sixty days from the date of submission, not following the referral. Mr. Neumeister thought this was old language that needs to be changed. City Attorney Sullivan concurred and stated it is "sixty days from date of a completed application", referencing Statute 15.99. This does not apply to everything. ) Regular Andover City Council Meeting Minutes - August 3, 2005 Page 12 Councilmember Orttel wondered ifthe issue about coming back, would this preclude anyone on the property or just the original applicant. Mr. Neumeister stated the way he read it, it cannot be done at all but if they had another phrase in there such as "for another use or zone", it could be brought back. City Attorney Sullivan stated a resubmitted application means they are submitting the same application again so this would need to be a new application in order to be submitted. Revision 77 - Conditional Use Permit Mr. Neumeister indicated they would delete this section. The Council was okay with this. Revision 78 - Public Hearings for Variances Mr. Neumeister reviewed the proposed changes to this Code with the Council. Councilmember Orttel wondered if the new wording is the State Statute. Mr. Neumeister believed it IS. ) Councilmember Trude stated the neighbors do get a notification of variances and they are very open to residents speaking at the meetings without a public hearing. Councilmember Orttel thought this would raise the cost of the variance process for mailing and did not think they had any real issues with it. The Council indicated they did not want the public hearing part of this. Revision 79 - Application Fees Mr. Neumeister stated they would refer directly to the Fee Schedule when referencing which items require applicantation fees. The Council was fme with the changes. SCHEDULE EDA MEETING FOR AUGUST 16,2005 Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for August 16,2005 at 6:00 p.m. Motion carried unanimously. SCHEDULE JOINT MEETING WITH COMMUNITY CENTER ADVISOR Y COMMISSION ) Motion by Trude, Seconded by Jacobson, to schedule a joint meeting with the Community Center Advisory Commission for Monday, August 15,2005 at 7:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes - August 3, 2005 Page 13 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Community Center, 2006 Budget progress update and miscellaneous projects. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT (Motorized Scooter Law) - Councilmember Trude stated there is a new law that passed on the motorized scooters. She wondered if they need to return the confiscated ones to the owners and what should they tell the residents about this. Mr. Dickinson stated the new law indicates that where bikes are allowed, these are allowed and they can ride them on the streets. He stated the local government is going to prohibit them on trails and sidewalks. City Attorney Sullivan stated unless expressly prohibited they are allowed on trails. Mr. Dickinson stated they are prohibited on trails in the City. J Councilmember Trude thought it was a good idea to have a public hearing on this. She stated what she heard from residents is they would rather have them on trails than on the streets because it is safer and kids will be riding them. She thought they should wait and see what happens in the next couple of weeks. (Fire Station Three) - Councilmember Jacobson wondered if Fire Station Three was all done. Mr. Dickinson stated the big issues are taken care of but there are still some minor issues they are working on. (Community Center) - Councilmember Jacobson wondered if the Community Center is on budget. Dickinson stated it is at this point. He stated the issues he anticipated to happen have not happened. (Andover's Annual Golf Tournament) - Mayor Gamache stated they had a great golftoUffiament on August 1,2005 and he thanked all that were involved and participated. (National Night Out) - Mayor Gamache stated they had a great National Night Out and he thought it was fun. They thought for next year they may do something at the Community Center even though he liked the neighborhood parties because it gets the neighbors together. (Joint Meeting with the Community Center Advisory Committee) - Mayor Gamache asked if they could have the past minutes from the Community Center Advisory Committee before their joint meeting. Mr. Dickinson stated he would get them copies of the minutes. , j / (Issue with Ponds in the City) - Mayor Gamache stated he received an email from a resident regarding the drowning of a four year old in a pond in Blaine and they were wondering about fencing and the possibilities and what lies out there and what issues the City needs to address. Regular Andover City Council Meeting Minutes - August 3, 2005 Page 14 Councilmember Trude stated another issue is with West Nile disease and ponds. She indicated a number of their parks have ponds because that is the topography of their City. Councilmember Orttel stated they had a boy drown in the City a few years ago and at that time they talked about the topography of the ponds when built. He indicated ponds are dangerous. Councilmember Trude indicated the City staff is pretty good at determining how deep a pond will get and if a resident is concerned, they could always call the City to fmd out this information. MotiOIl by Orttel, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9: 13 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary . J , i "