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HomeMy WebLinkAboutCC September 6, 2005 \ ) C 1 T Y 0 F NDOVE ~O-Q LtfLL::tlv1/ b~ Lt -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 - Tuesday, September 6, 2005 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum ProclamationIDomestic Violence Awareness Month Agenda Approval 1. Approval of Minutes (8/15/05 Joint CC/Comm. Center; 8/16/05 Regular; 8/23/05 Workshop) , / Consent Items 2. Approve Payment of Claims - Finance 3. Accept Feasibility ReportlWaive Public Hearing/05-47/665 - I 40th Lane NW/SS & WM - Engineering 4. Accept Feasibility ReportlWaive Public Hearing/05-481709 -140th Lane NW/SS & WM -Engineering 5. Declare Costs/Order Assessment RoIU04-13Neterans Memorial Boulevard NW - Engineering 6. Approve Security Light Installation/Sunshine Park - Engineering 7. Tenninate Project/02-20/2981 - 164th Avenue NW/St. S. - Engineering 8. Declare Costs/Order Assessment RoIU04-31/1374 - 1481h Lane NW/SS & WM - Engineering 9. Declare Costs/Order Assessment Roll/05-31/13511 Round Lake Boulevard NW!WM - Engineering 10. Approve On-Sale Intoxicating & Sunday Liquor License/Andover Lanes - Clerk 11. Approve Financial Policies Updates - Administration 12. Approve Investment Policy Updates - Administration/Finance 13. Appoint City's RepresentativeNouth First and the Northwest Anoka County Community Consortium- Administration 14. Amend City Code Title 5, Gambling - Clerk 15. Approve Community Center Policies - Administration 16, Approve Community Center Fees - Administration 17. Accept Donation/Andover Lions/02-27A1Andover/YMCA Community Center Flagpoles- Administration 18. Consider Approval of Therapeutic Massage Therapist License - Clerk Discussion Items 19. Consider VariancelSideyard Setback for Garage Addition/15461 Martin St. NW - Planning 20. Consider Preliminary Plat/Amend PUD/Grey Oaks 2nd Addition - Planning 21. Consider Comprehensive Plan AmendmentlRevise Transitional CommerciaVIndustrial- Planning 22. Various Code Revisions (Part 7) - Planning 23. Consider Premises Pennit/ Andover Huskies Youth Hockey Association - Clerk 24. Review 2:00 a.m. Bar Closing - Clerk 25. Adopt 2006 Preliminary Tax Levy - Finance 26. Adopt 2006 Debt Service Levy Changes - Finance StaffItems 27. Schedule September Council Workshop - Administration 28. Schedule EDA Meeting - Administration 29. Set Truth In Taxation Hearing Date - Finance '\ 30. Administrator's Report - Administration / Mayor/Council Input Adjournment ~ Ct..-a.-J \.,u"'iL\:;l.Ln C, - }.,D~r::F) I Regular Andover City Councillvfeeting Minutes - September 6, 2005 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 6, 2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE ........................................... ........................... ......... ..... ..... ............1 RESIDENT FORUM ..................................................................................................................1 PROCLAMA TION/DOMESTIC VIOLENCE AWARENESS MONTH .................................2 AGENDA APPROVAL ............ .................... ................... ..........................................................2 APPROVAL OF MINUTES.......................................................................................................3 CONSENT ITEMS Approve Payment of Claims.............. .............. ......................... ..... ......... ..............................3 Resolution RI4S-0S accepting Feasibility Report/Waive Public Hearing/OS-47/ 665 - 140th Lane NW/SS & WM .....................................................................................3 Resolution R146-0S accepting Feasibility Report/Waive Public Hearing/OS-48/ 709 - 140th Lane NW/SS & WM.....................................................................................3 Resolution R14 7 -05 declaring Costs/Order Assessment Roll/04-13N eterans Memorial Boulevard.............. ....................... .............. ................ ........... .... ....... ........... .....................3 Approve Security Light Installation/Sunshine Park..............................................................3 Resolution R148-0S terminating Project/02-20/2981- 164th Avenue NW/St. S. ...............3 / Resolution R149-0S declaring Costs/Order Assessment RoII/04-31/1374 - 148th Lane NW /SS & WM.................................................................................................................3 Approve Financial Policies Updates.......... ........... .............. ............... ........ ...........................3 Approve Investment Policy Updates ....................................................................................3 Appoint City's Representative/Youth First and the Northwest Anoka County Community Consortium............................ ............................ ..........................................3 Approve Community Center Policies ...................................................................................3 Approve Community Center Fees ........................................................................................3 Resolution RlSO-OS accepting Donation/Andover Lions/02-27 AI Andover/YMCA Community Center Flagpoles................................ .................. ......... ..... ..........................3 Consider Approval of Therapeutic Message Therapist License ...........................................3 DECLARE COSTS/ORDER ASSESSMENT ROLL/OS-31/13S11 ROUND LAKE BOULEVARD NW/WM Motion to Adopt Resolution R1S1-0S ...................................................................................3 APPROVE ON-SALE INTOXICATING & SUNDAY LIQUOR LICENSE/ANDOVER LANES Motion to Approve .......................... ............................................ ..........................................4 V ARlANCE/SIDEYARD SETBACK FOR GARAGE ADDITION/1S461 MARTIN STREET NW Motion to Approve Resolution R1S2-0S ...............................................................................4 CONSIDER PRELIMINARY PLAT/AMEND PUD/GREY OAKS 2ND ADDITION Motion to approve Resolution R1S3-0S ................................................................................5 CONSIDER COMPREHENSIVE PLAN AMENDMENT/REVISE TRANSITIONAL COMMERCIAL/INDUSTRlAL Resolution R154-0S ............................................ ... ...........6 AMEND CITY CODE TITLE 5, GAMBLING Motion to Adopt Ordinance 313 ............................................................................................7 Regular Andover City Council ~Meeting Minutes - September 6, 2005 I Page 16 Regular Andover City Council Meeting Minutes - September 6, 2005 Table of Contents Page ii CONSIDER PREMISES PERMIT/ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION Motion to Approve Resolution R1SS-0S ..............................................................................8 REVIEW 2:00 A.M. BAR CLOSING ................................... .............. ......... .............................. 8 VARIOUS CODE REVISIONS (PAR 7)...................................................................................9 ADOPT 2005 PRELIMINARY TAX LEVY Resolution R1S6-0S...........................................11 ADOPT 2006 DEBT SERVICE LEVY CHANGES Resolution 157-05..................................12 SCHEDULE SEPTEMBER COUNCIL WORKSHOP .............................................................12 SCHEDULE EDA MEETING ...................................................................................................13 SET TRUTH IN TAXATION HEARING DATE......................................................................13 ADMINISTRATOR REPORT .......... ......................................................................... ................13 MAYOR/COUNCIL INPUT Energy Savings Ideas for the City..........................................................................................13 Community Center Signs............................ ...... .... .... .......... ....... ....... .................................... .13 Rural Reserve Planning...................................................................................................... ...13 Community Center Grand Opening ... ............................................... ............... ......................14 I ADJOURNMENT ... .............................................................................................................. .....14 / REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 6, 2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 6, 2005, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, Barry Sullivan City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Ms. Monica Brabant - 16351 Gladiola Street NW, stated she is at the meeting regarding the letter she received from the post office regarding the mailbox resolution eliminating mailboxes in cul-de- sacs. She wants to repeal this issue for several reasons. The frrst is they moved in to the area in 1998 and at that time they contacted the US postal service and installed their mailbox according to their standards. She stated after moving in, they were told by the post office that due to the fact that the driver could not turn around in their cul-de-sac, they were to move their mailbox. She stated at that time it did not make sense to them because they saw the driver could hirn around without a problem. She stated they proved in writing to the post office that there is no State law requiring them to move their mailbox and they agreed and the issue was dropped. Ms. Brabant stated they do not have any complaints from other delivery services. She indicated that if they do move their mailbox, who is going to pay for the removal and installation and they currently have a mailbox that matches their home. Ms. Brabant asked the Council to reconsider this issue and she noted she is opposed to this. Councilmember Jacobson stated it is his understanding that when they discussed this with the post office, it was his undcrstanding that if the mailboxes were not moved, they would not get mail delivered. , / Councilmember Trude stated another issue is with curved roads; the workers have repetitive rcach and extended reach problems. They are trying to lower their injuries. The City also has snow storage issues with mailboxes in cul-de-sacs. She stated the public works staff has been working Regular Andover City Council },,{eeting Minutes - September 6, 2005 Page 2 with homeowners on coordinating a good spot to move their mailboxes. Ms. Susan Wittel- 1522 I46th Lane, complained about one of the houses on their block known as the nuisance house. She noted the residents' teenage children are continually holding parties in the playhouse, a detached garage. The children are there under no supervision most of the time and there is underage drinking, drug use, vehicles coming and going at all hours night and day and noise all of the time. She stated the police have been called several times and the complaints from the rest of the neighbors are the same as theirs. They gave a petition from the neighborhood to the police to forward to the City Council. Ms. Wittel stated the police set out traps to catch them but no arrests have been made. The police indicated they couldn't arrest someone without proof. They are tired of it and would like to know if something could be done. She did not think the parents live there all of the time. She thought they have another house in another city. Mr. Mark Uidenich - 1503 146th Lane NW, stated he is at the meeting for the same reason as Ms. Wittel. I Mayor Gamache indicated they would have staff look into this and see about getting a report from the Sheriffs Department along with the petition. Councilmember Orttel stated he received a call from another person with a similar problem and he wondered if they need to create some sort of nuisance ordinance for that type of thing. He did not know if this is something they could legally do but he would like to find out if there is a way they could deal with issues like this not only for rental homes but for single family dwellings also. PROCLAMATION/DOMESTIC VIOLENCE AWARENESS MONTH Mayor Gamache read a letter proclaiming October Domestic Violence Awareness Month. AGENDA APPROVAL Remove 8/23/05 Workshop Minutes from the Agenda. Remove from Consent Items for discussion Items 9, (Declare Costs/Order Assessment Roll/OS-31/13S11 Round Lake Boulevard NW/WM); Item 10 (Approve On-Sale Intoxicating & Sunday Liquor License/Andover Lanes) and Item 14, (Amend City Code Title 5, Gambling). \ Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. Regular Andover City Council Aleeting Minutes - September 6, 2005 / Page 3 APPROVAL OF MINUTES August 15, 2005, Joint City Council/Community Center Meeting: Correct as written. August 16, 2005, Regular Meeting: Correct as amended. Councilmember Jacobson stated on the minutes of August 16, page 4, there is a motion of designating no parking on Raven Street. The motion reads that they approved the attached resolution. They changed the resolution slightly and thought they should make note of that. .Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 Item 11 Item 12 Item 13 Item 15 Item 16 Item 17 Item 18 Approval of Claims Accept Feasibility Report/Waive Public Hearing/OS-47/66S - I 40th Lane NW/SS & WM (See Resolution RI4S-0S) Accept Feasibility Report/Waive Public Hearing/OS-48/709 -140th Lane NW/SS & WM (See Resolution RI46-0S) Declare Costs/Order Assessment Roll/04-13N eterans Mcmorial Boulevard NW (See Resolution RI47-0S) Approve Security Light Installation/Sunshine Park Terminate Project/02-20/2981- 164th Avenue NW/St. S. (See Resolution RI48-0S) Declare Costs/Order Assessment Rol1/04- 31/13 74- 148 th Lane NW /S S & WM (See Resolution RI49-0S) Approve Financial Policies Updates Approve Investment Policy Updates Appoint City's Representative/Youth First and the Northwest Anoka County Community Consortium Approve Community Center Policies Approve Community Center Fees Accept Donation/Andover Lions/02-27 AI Andover/YMCA Community Center Flagpoles (See Resolution RISO-OS) Consider Approval of Therapeutic Message Therapist License Motion by Trude, Seconded by Knight, approval of the Consent Agenda as rcad. Motion carried unanimously. DECLARE COSTS/ORDER ASSESSMENT ROLV05-31/13511 ROUND LAKE BOULEVARD NW/WM This item is in regard to declaring costs and ordering assessment roll for 13511 Round Lake Regular Andover City Council Meeting lvfinutes - September 6, 2005 Page 4 Boulevard NW for water main, Project 05-31. Mr. Dickinson indicated he talked with Mr. & Mrs. Quick and they had a question about the lateral charge and the number of feet that is being calculated. He thought they need to go back and look at that and confirm it. He stated there is potentially an error so between now and when the actual assessment roll is adopted that needs to get looked at. Motion by Orttel, Seconded by Knight, to adopt the resolution declaring costs and ordering preparation of assessment roll for Project 05-31, 13511 Round Lake Boulevard NW. Motion carried unanimously. (Resolution RlS1-0S) APPROVE ON-SALE INTOXICATING & SUNDA Y LIQUOR LICENSE/ANDOVER LANES It was noted on June 15,2004, the City Council approved a Conditional Use Permit for on sale intoxicating liquor at 13633 Martin Street NW (Lot 12, Block I, Andover Station II) as requested by Daniel Dahlin. / Councilmember Jacobson stated the letter from the Sheriff's Department on the check does indicate at the other business in Ham Lake, two alcohol compliance check failures. One in 2002 and one in 2003. He did not know on a legal basis ifthat was enough to say no and he wondered ifthis meant anything or something they should be aware of. City Attorney Sullivan stated the City has some discretion when it comes to liquor licenses. He stated a history of non-compliance with prior ordinances would probably be a basis for denial or consideration of not approving a liquor license. He noted he did not know the history or what became of this in Ham Lake. He indicated that if the Council were to deny this, he would suggest they find out more infonnation about the background of those situations. Mr. Dahlin, 16825 Ward Lake Drive, eXplained the check failures to the Council and the action they took to remedy the problem. Motion by Trude, Seconded by Knight, to approve the on-sale and Sunday Intoxicating liquor license for Andover Lanes for the period October 1, 2005 through December 31, 2005. Councilmember Jacobson noted they still cannot sell liquor until they have insurance. Motion carried unanimously. VARIANCE/SIDEYARD SETBACK FOR GARAGE ADDITION/15461 MARTIN ST. NW Community Development Director Neumeister stated the applicant is seeking approval of a variance to allow a garage addition on the subject property. Regular Andover City Council Meeting Minutes - September 6, 2005 Page 5 Mr. Neumeister discussed the information with the Council. Motion by Trude, Seconded by Knight, to approve the variance to allow a garage addition on the subject property. Councilmember Jacobson stated on the new garage to be constructed, there is a six by seven overhead garage door which he assumed would be to drive cars out the back. He wondered what the intent was for this door. Mr. Jay Norgaard stated the reason for the door is to drive a lawnmower through. Motion carried unanimously. (Resolution RlS2-0S) CONSIDER PRELIMINARY PLAT/AMEND PUDIGREY OAKS ZVD ADDITION Community Development Director Neumeister explained the applicant proposes to subdivide the 1.42 acre subject property into four residential lots and to change the former Grey Oaks Planned Unit Development standards to match the R-4, Single Family Urban Residential Standards. J Mr. Neumeister discussed the staff report with the City Council. Councilmember Trude wondered if the neighbors were notified. Mr. Neumeister stated they were. Councilmember Jacobson asked the applicant on the home on lot one, it looks like there is a square there to indicate the location of the home but right next to it there is another box. He wondered what the box is. The applicant stated the first box is a three car garage and the second box is the house. Councilmember Jacobson stated on lot 4, right of the northern tip, there is a concrete driveway. He wondered if this would be taken out. The applicant stated if the City wanted to take this out they would. The City Engineer asked for a continuous easement all around lot 4 even though they do not have any utilities past the back oflots 2 and 3. He stated the concrete driveway matches up perfectly with the utility easement and would be an easy way for the City trucks to get in. Councilmember Jacobson stated on lot 3, legally they could have an entrance on Hummingbird and also on ISSth. He wondered if there was a problem with only having an entrance on lSSth. The applicant stated it was an unusual thing and they have a number of these types oflots in the City and have never restricted it before. Council member Jacobson stated normally they indicate where the front and driveway come in. The applicant stated the front of the house will be on lSSth which is where the driveway will be. \ , j Councilmember Jacobson stated he had a question about preserving the trees over the utility easement. The applicant stated staff indicated at the Planning and Zoning meeting that they did not want any trees to be planted in the easement. He also noted this has not been mandated before in the City. Regular Andover City Council }.{eeting Minutes - September 6, 2005 Page 6 The Council discussed with staff and the applicant ways they could preserve the trees in the easement. Motion by Knight, Seconded by Orttel, to approve the proposed Preliminary Plat and amended POO for Grey Oaks 2nd Addition subject to the conditions of the attached resolution adding lot 3 would face on ISSth Lane and lot 4, the building pad would move slightly to the north and the sewer line for the property will start at the stub with the dogleg down a little bit on lot four to save as many trees as possible. Motion carried unanimously. (Resolution RlS3-0S) CONSIDER COMPREHENSIVE PLAN AMENDMENT/REVISE TRANSITIONAL COMMERCIAL/INDUSTRIAL Community Development Director Neumeister stated this designation affects four sites in Andover. Mr. Neumeister discussed the staff report with the Council. Councilmember Jacobson wondered what types of businesses would be included in light industrial. ; Mr. Neumeister indicated he would put together a list for the Council. Councilmember Orttel noted Beberg Nursery is an example of light industrial. Councilmember Jacobson stated his concern is if they left it as is and someone came in with a proposal which the Council did not like, how would they be able to deny it. Councilmember Orttel stated this happened on Bunker and Crosstown which they were able to deny but if it is zoned he did not think they had the latitude to deny it. Mr. Neumeister showed the Council what type of businesses would be light industrial. The City Attorney explained the zoning and what the City Council would have to do to deny a request. Council member Knight thought this was very confusing and would rather this be something someone would have to apply for rather than be a given. Mayor Gamache thought there was a reason for the change when it was done. Councilmember Trude thought the only way they could protect the neighbors was to change them all back to residential. \ J The Council discussed the reasons for removing Light Industrial from the zoning in the four areas. Motion by Jacobson, Seconded by Knight, to remove the term "Light Industrial" from the definition Regular Andover City Council Afeeting A1inutes - September 6, 2005 Page 7 of the Transitional Commercial/Light Industrial Land Use District as represented in the attached resolution. Councilmember Knight thought they should discuss this further at a workshop meeting. Councilmembcr Trude wondered if this is passed, does staff have to bring it directly to Met Council. Councilmember Jacobson thought staff would need Council authorization in order to bring this to the Met Council for changes. Councilmember Orttel did not think this was an issue at all. Motion carried unanimously. (Resolution R1S4-05) AMEND CITY CODE TITLE 5, GAMBLING It was noted the Gambling Control Board has amended the requirements for the amount a business can charge for rent for an organization selling pull-tabs. Councilmember Trude stated she had this removed because the City Code was designed to put a maximum amount that could be charged for utilities and to limit the rent to the State Maximum. She / thought more money should go to the charities and less go to the establishment. Councilmember Orttel wondered if they could go contrary to State Statute. City Attorney Sullivan stated the City in the past has been more restrictive than State Statute regarding gambling. Councilmember Trude stated in the past the State had open ended amounts that an establishment could charge for rent and utilities so the City put a cap on it. City Attorney Sullivan reviewed the history ofthe State Statute with the Council. Councilmember Trude thought they should have more information before they make a decision on the fee. Mr. Dickinson explained to the Council the process the organizations go through each month. The Council discussed the State Statute and what is allowed. Mr. Tony Howard, 2119 1 56th, stated the maximum for a booth is $1,750.00 according to the State Guidelines. Councilmembcr Orttel thought it could be less than $1,750.00 depending on sales. / Motion by Orttel, Seconded by Knight, to adopt the attached ordinance amending the City Code to reflect the change made by the Gambling Control Board indicating in Item A6 that the maximum rent charged to a charitable gambling organization must be in compliance with what is set forth in the State Statute. Motion carried unanimously. (Ord. No. 313) Regular Andover City Council Meeting Minutes - September 6, 2005 Page 8 CONSIDER PREMISES PERMIT/A1VDOVER HUSKIES YOUTH HOCKEY ASSOCIATION City Administrator Dickinson stated the Andover Huskies Youth Hockey Association has applied for a premises permit to conduct lawful gambling at Andover Lanes, 13633 Martin Street NW. Councilmember Jacobson asked if it was important to run a meat raffle using a paddle wheel. Mr. Howard explained how they run a meat raffle using a paddle wheel. The Council discussed the problems other cities have had with paddlewheel gambling. The Council thought a meat raffle using a paddlewheel along with bar bingo and pull tabs would be ok but they did not want to allow any other type of paddlewheel gambling in the City. Motion by Knight, Seconded by Orttel, to approve the premises permit for the Andover Huskies Youth Hockey Association changing the Resolution wording from "Anoka" to "Andover". I Councilmember Orttel thought they need to revise the ordinance before they approve the resolution to define the different paddlewheel gambling games. The motion was withdrawn in order to revise the ordinance. Motion by Orttel, Seconded by Knight, to approve the premises permit for the Andover Huskies Youth Hockey Association deleting all the including items in the resolution for approval later changing the Resolution wording from "Anoka" to "Andover". Motion carried 4 ayes, 1 present (Jacobson). (Resolution RlSS-OS) REVIEW 2:00 A.M BAR CLOSING City Administrator Dickinson stated on July 20,2004 the City Council adopted an amendment to the liquor ordinance allowing establishments to be open until 2:00 a.m. with a special permit. As part of the discussion, Council asked that this ordinance be reviewed in one year. Mr. Dickinson discussed the information with the City Council. Council member Jacobson wondered ifthe bowling alley could stay open and serve until 2:00 a.m. The Owner of the bowling alley stated in Ham Lake they are allowed to stay open until 2:00 a.m. on Friday and Saturday night. Councilmember Knight asked what monitoring consisted of. Mr. Dickinson eXplained to the Council the costs incurred by the City. Regular Andover City Council _Meeting I Minutes - September 6, 2005 Page 9 Mr. Povlitzki stated the 2:00 a.m. close helped them to become more competitive. Council consensus was to leave the ordinance as is. VARIOUS CODE REVISIONS (pART 7) Community Development Director Neumeister stated the last of the proposed City Code amendments are included in the packet. Revision 24 - Building Height: Determination of Setbacks Staff reviewed the revision changes with the Council. The City Council thought this looked good. Revision 73 - Building Height Staff reviewed the revision changes with the Council. The City Council was fine with this revision. Revision 32 - Shopping Centers Mr. Neumeister stated they are proposing that the Shopping Center section of the code be deleted as it's already covered in Revision 16. Council member Trude asked if we are getting ride of the size requirement. Before it was a minimum of 2 acres for Neighborhood Business and 5 acres for Shopping Center. Mayor Gamache asked how many areas in the city are currently zoned Shopping Center. Mr. Neumeister stated they are the Downtown Center, the property across the street from City Hall and the Fairbanks property. Councilmember Trude added that Grey Oaks contains some also. In the past the ordinance said that only one comer of a major intersection could be zoned Shopping Center at one time. Now it could be more than one comer and the Rural Reserve could contain this zoning district. Councilmember Trude also noted that in the old language there were conditions that must be met. Councilmember Trude was not sure ifit did any good to go to more subjective language. She thought they may need some guidelines for the Rural Reserve area. ./ Councilmember Knight wondered ifthere is a difference between shopping center and strip mall. Mr. Neumeister stated he did not fmd anything in the code that shows a definition. If Council wants to set a minimum, they should leave all or some of this language in the revision. Regular Andover City Council A1eeting Minutes - September 6, 2005 Page 10 J Councilmember Trude stated that the defInition for Neighborhood Business says it does not have to be on a major street. If we only describe something, is that a regulation? Then we blank out everything in our code that was the conditions. She asked if this means we have gotten rid all of our regulations. Attorney Sullivan stated that the purpose section is usually a general statement of policy of what the district is going to be. Later on there should be a section of the code that specifIes the particular standards for that district. He didn't know if those standards are being eliminated. Councilmember Trude felt that if it's all deleted, we're getting rid of all the regulations and maybe some of them aren't important any more. Councilmember Orttel stated setbacks are important. He asked where the standards are that go along with this. Mr. Neumeister explained they are in another part of the code. The handout he passed out to Council basically says there are different types of zoning for different sizes of shopping centers. That alone doesn't set the standards. You have to have some standards for what the minimum size for this type of area will be. Councilmember Trude stated that she liked some of the old language that was struck. You want to see completion at some point. Some of these developments could take a long time. She would like to see standards for time, size and location. This makes sense because we're going to hopefully have some of these in the Rural Reserve. It was decided staff would bring back more information on this item. Revision 52 - Animals Staff reviewed the revision changes with the Council. Councilmember Orttel wondered why this was revised to begin with. Mr. Neumeister explained the history of this revision with the Council. Councilmember Orttel thought they should only add "any new farms over ten acres need to have a special use permit" and then to prohibit feed lots in the City except exempt ones. Councilmember Jacobson thought staff should look at this and bring it back to the Council workshop for discussion. Mr. Winslow Holasek noted the definition of a feed lot is too broad. Revision 61 - Housing Maintenance Staff reviewed the revision changes with the Council. Councilmember Jacobson questioned Item I regarding heating minimums for dwelling units. Regular Andover City Council Meeting Minutes - September 6, 2005 Page II J The Council discussed with staff if this item was for both owner occupied and rental.. It was noted the home would need to be able to maintain at least sixty eight degrees if needed. Revision 81 - Encroachments Staff reviewed the revision changes with the Council. The Council discussed porches with staff and if it should be allowed in the City. Councilmember Jacobson thought this should be left as is and ifsomeone would want to add a front porch, they could come in and ask for approval to build one. Councilmember Trude wondered how this came about for revisions. Mayor Gamache indicated to have this item brought back with more information. The Council recessed at 9:45 p.m. I The Council reconvened at 9:50 p.m. Revision 81 (Cont.) Councilmember Orttel wondered why they would need to bring this back to a Council workshop. Councilmember Trude stated she would not want to allow this originally all house plans are reviewed before ARC or an architect. Councilmember OrtteI would like to hear what the reasoning is for this being reviewed. Revision 82 - Snowmobiles and All Terrain Vehicles Staff reviewed the revision changes with the Council. Councilmember Jacobson noted he would like to see these prohibited in the R-4 District and maybe even in the R-3 and R-2 Districts because he did not think it was appropriate in higher density areas. Council requested staffto look further into this item to see what they can do and to see what other cities are doing and bring it back for further discussion. Revision 83 - Permitted, Conditional and Prohibited Uses Enumerated Regular Andover City Council Meeting Minutes - September 6, 2005 Page 12 Staff reviewed the revision changes with the Council. Councilmember Orttel wondered if they should only allow crematoriums in cemeteries like some cities are doing instead of a funeral home. Mayor Gamache stated he would like this restricted to only cemeteries. Councilmember Orttel stated he would like this only allowed in cemeteries in the M-l and M-2 Districts by CUP. Councilmember Orttel stated he was fine with it the way it was revised because they will need a CUP. ADOPT 2006 PRELIMINARY TAX LEVY / City Administrator Dickinson stated each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15, 2005. Mr. Dickinson discussed the information with the City Council. Councilmember Jacobson stated if this was enacted and no changes were made what would this mean to a resident in Andover. What percentage would they see their taxes go up on the city's portion. Mr. Dickinson stated it depended on if they had a market value increase or not. If they do not have a market value increase it would increase 6.8 percent which would be the gross levy increase pulling out the limited market value. They are actually presenting a gross levy increase of about 13 percent to the residents but due to the fact that the State will not allow market value homestead credit to come to the City, what they will have on the property tax levy increase is about 6.8 percent. This would be a 2.5% increase if the market value does not change on a parcel. Mr. Dickinson explained to the Council how the increase was processed. Councilmember Jacobson wondered if this included the City Center. Mr. Dickinson stated it did. Councilmember Knight wondered ifit included projected energy cost increase. Mr. Dickinson stated the City budget is very conservative and the amounts will be adequate to cover everything. / Motion by Jacobson, Seconded by Orttel, to approve the attached resolution that indicates a total preliminary levy of$8,SSO,919 to be submitted to the Anoka County Property Records and Taxation Division by September 15, 2005. Motion carried unanimously. (Resolution RlS6-0S) Regular Andover City Council Meeting Minutes - September 6, 2005 Page 13 ADOPT 2006 DEBT SERVICE LEVY CHANGES City Administrator Dickinson stated Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2006 that would have been certified to Anoka County as part of prior years bond sales. Motion by Jacobson, Seconded by Knight, to approve the attached resolution that would update certified bonded indebtedness levies for 2006. Motion carried unanimously. (Resolution R1S7- 05) SCHEDULE SEPTEMBER COUNCIL WORKSHOP Motion by Trude, Seconded by Orttel, to schedule a City Council Workshop for Tuesday, September 27,2005 at 7:00 p.m. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting for Tuesday, September 20, 2005 at 6:00 p.m. Motion carried unanimously. SET TRUTH IN TAXATION HEARING DATE City Administrator Dickinson stated the City Council is required to hold a Truth in Taxation meeting. These meetings give the public the opportunity to comment on the proposed 2006 budget and tax levy. Motion by Jacobson, Seconded by Knight, to schedule a Truth in Taxation Meeting for Monday, December 5,2005 at 7:00 p.m. and continuation date of Tuesday, December 20,2005 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Community Center, 2006 budget progress, significant City department activities and miscellaneous project. Community Development Director Neumeister updated the Council on development activity in the City. Regular Andover City Council Afeefing M.inutes - September 6, 2005 Page 14 MAYOR/COUNCIL INPUT (Energy Savings Ideas for the City) - Councilmember Knight stated while they are in the midst of an energy crisis in the Country he wondered if they could put together a committee to look at ways to save or use alternative sources of energy for the City. He suggested looking at using solar energy at the Community Center to alleviate some of the problems they will be having with rising costs. (Community Center Signs) - Councilmember Jacobson stated there are still a number of signs to give to the Community Center and he wondered if they could be taken down. (Rural Reserve Planning) - Councilmember Trude stated she was reading in the Park Commission minutes that they were already planning the parks in the Rural Reserve. She thought it was discussed and decided by staff and the Council that the City Council would be doing the planning with input from the different Commissions. Mr. Dickinson explained staff only reviewed what was going to happen with the Rural Reserve in the future. Councilmember Trude stated the Park Commission was already starting to plan and locate the parks at their meeting and she was surprised about this. . I (Community Center Grand Opening) - Mayor Gamache stated on Saturday at the Grand Opening they will have an opportunity to get together with residents in the City and it will be a good opportunity to discuss with people different ways to give to the different organizations to help the hurricane victims. He thought staff would have information on the website also. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 10:32 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary