HomeMy WebLinkAboutCC December 6, 2005
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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, December 6, 200S
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
1. PresentationlAnoka County Historical Society
Agenda Approval
2. Approval of Minutes (11/1/0S Regular, Cont.; l1/1S/0S Regular)
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Consent Items
3. Approve Payment of Claims - Finance
4. Approve 2006 Tri-City GIS Contract - Engineering
S. Approve Plans & Specs/Award Bid/OS-S7 !University Avenue NW /Mill & Overlay - Engineering
6. Approve Change Order #1/0S-13/City Hall HV AC Replacement - Engineering
7. Accept Feasibility Report/Waive Public Hearing/OS-S8/3S32 - 13Sth Avenue NW/WM - Engineering
8. Approve Lease Agreement/03-1/Prairie Knoll Park Building - Engineering
9. Order Feasibility ReportlOS-ll/Tulip Street NW - Engineering
10. Approve Change Order #1 (Compensating)/OS-18/Wintergreen Street NW & CSAH 20 Improvements-
Engineering
11. Approve 2006 Tobacco and Liquor Licenses - Clerk
12. Approve Resolutions for Repair or Removal of Hazardous Structures - Planning
13. Approve Fence & Retaining Wall Ordinance - Planning
14. Approve Change Order #1 0/02-27/Community Center - Administration
IS. Update on Mailboxes in Cul-de-sacs - Administration
Discussion Items
16. Public HearinglVacation of Easement, Accept Drainage & Utility Easment/17364 Flora Ct. NW -
Planning
17. Public Hearing/Capital Improvement Plan - Administration/Finance
18. Consider Preliminary Plat/Stack's Woods - Planning
19. Consider Amended Conditional Use Permit/Cingular Wireless/16191 Round Lake Blvd. NW - Planning
20. Discuss 2006 CDBG Application - Planning
StaffItems
21. Schedule EDA Meeting - Administration
22. Schedule Park & Recreation and Planning Commission Interviews - Planning
23. Scheduling and Topics for Next Workshop - Administration
24. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 13
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 6, 2005
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
PRESENTAnON/ANOKA COUNTY HISTORICAL SOCIETY .......................................... 1
AGENA APPROV AL................................................................................................................ 1
APPROVAL OF MIN1JTES......................................................................................................2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Approve 2006 Tri-City GIS Contract .................................................................................. 2
Resolution R207-0S approving Plans & Specs/Award BidlOS-S7/University Avenue NW/
Mill & Overlay ................................................................................................................ 2
Resolution R208-0S approving Change Order # 1/0S-13/ City Hall HV AC Replacement.. 2
Resolution R209-0S accepting Feasibility ReportlWaive Public Hearing/OS-S8/3S32
13Sth Avenue NW IWM ................................................................................................. 2
Approve Lease Agreement/03-1/Prairie Knoll Park Building ............................................. 2
Resolution R210-0S ordering Feasibility ReportlOS-l1ffulip Street NW .......................... 2
Resolution R211-0S approving Change Order #1 (Compensating)/OS-18/Wintergreen
Street NW & CSAH 20 Improvements............................................................................ 2
Approve 2006 Tobacco and Liquor Licenses ...................................................................... 2
Approve Change Order # 1 0/02-27/Community Center ....................................................... 2
Update on Mailboxes in Cul-de-sacs ................................................................................... 2
APPROVE RESOLUTION FOR REPAIR OR REMOVAL OF HAZARDOUS
STRUCTURES ..................................................................................................................... 3
APPROVE FENCE AND RETAINING WALL ORDINANCE
Motion to approve ORD. No 317 ........................................................................................ 4
PUBLIC HEARINGN ACA nON OF EASEMENT, ACCEPT DRAINAGE & UTILITY
EASEMENTI17364 FLORA COURT NW
Motion to open public hearing.............................................................................................. S
Motion to close public hearing ............................................................................................. S
Motion to Approve RES. R 212-0S ..................................................................................... S
PUBLIC HEARING/CAPITAL IMPROVEMENT PLAN
Motion to open public hearing .............................................................................................. 6
Motion to close public hearing .................................................:........................................... 6
Motion to approve RES. R213-0S ....................................................................................... 6
CONSIDER PRELIMINARY PLAT/STACK'S WOODS
Motion to approve RES. R214-0S ....................................................................................... 6
CONSIDER AMENDED CONDmONAL USE PERMlT/CINGULAR WIRELESS/16191
ROUND LAKE BOULEVARD NW RES. R21S-0S .......................................................... 9
DISCUSS 2006 CDBG APPLICA nON ................................................................................... 9
APPROVE RESOLUTIONS FOR REPAIR OR REMOVAL OF HAZARDOUS
STRUCTURES (CONT.) RES. R216-0S and R217-0S .......................................................10
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Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 14
Regular Andover City Council Meeting Minutes - December 6, 2005
Table of Contents
Page ii
SCHEDULE EDA MEEETlNG ................................................................................................ 10
SCHEDULE PARK & RECREATION AND PLANNING COMMISSION INTERVIEWS.. 10
SCHEDULING AND TOPICS FOR NEXT WORKSHOP ...................................................... 11
ADMINISTRATORS REPORT .................................................. .............................................. 11
MAYOR/COUNCIL INPUT
Wireless Internet.................... ............................................................................................... 11
Eminent Domain......... ............................................................ .............................................. 11
Award for Community Center Architects ............................................................................. 12
ADJOURNMENT ........................................................ .............................................................. 12
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REGULAR ANDOVER CITY COUNCIL MEETING -DECEMBER 6, 2005
MINUTES
The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, December 6, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, MinnesoUL
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
City Engineer, Dave Berkowitz
City Attorney, William Hawkins
Others
'J PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
PRESENTATION/ANOKA COUNTY HISTORICAL SOCIETY
City Administrator Dickinson introduced Jan Anderson, representing the Anoka County
Historical Society who gave a presentation to the Council regarding the celebration of the Anoka
County Sesquicentennial.
Mayor Gamache thought we should start using our newsletter to get information out about this
celebration.
Councilmember Jacobson stated there is a time capsule from the old City Hall building buried
and he thought it might be appropriate to open it then to see what is in it. Ms. Anderson thought
that was a great idea
AGENDA APPROVAL
Remove from Consent Items for discussion Items 13, (Approve Fence & Retaining W all Ordinance);
and Item 12, (Approve Resolutions for Repair or Removal of Hazardous Structures).
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 2
Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
November 1, 2005, Regular Meeting: Correct as amended.
Councilmember Jacobson stated on page 11, first two lines are very convoluted and hard to
understand. He thought instead of he, they were talking about Mr. Neumeister who is directed to
respond with comments to the Met Council.
November 15, 2005, Regular Meeting: Correct as amended.
Councilmember Trude stated on page four, paragraph seven, there was an error in the names that
they used during public testimony. The seventh paragraph attributes a comment by Mrs. FHgina and
should be Mrs. Hendricks. She also noted in the sentence variance should be deleted and insert
ordinance.
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Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried
nnanimously.
CONSENT ITEMS
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
Item 9
Item 10
Item 11
Item 14
Item IS
Approval of Claims
Approve 2006 Tri-City GIS Contract
Approve Plans & Specs/Award BidlOS-S7/University Avenue NW!Mill & Overlay
(See Resolution R207-0S)
Approve Change Order #1I0S-13/City Hall HVAC Replacement (See Resolution
R208-0S)
Accept Feasibility ReportlWaive Public Hearing/OS-S8/3S32 13Stb Avenue NWfWM
(See Resolution R209-0S)
Approve Lease Agreementl03-1lPrairie Knoll Park Building
Order Feasibility ReportlOS-llffulip Street NW (See Resolution R21 O-OS)
Approve Change Order #1 (Compensating)/OS-18/Wintergreen Street NW & CSAH
20 Improvements (See Resolution R211-0S)
Approve 2006 Tobacco and Liquor Licenses
Approve Change Order # 1 0/02-27/Community Center
Update on Mailboxes in Cul-de-sacs.
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
nnanimously.
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Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 3
APPROVE RESOLUTIONS FOR REPAIR OR REMOVAL OF HAZARDOUS STRUCTURES
Mr. Neumeister requested this item be tabled so staff can receive more information from the
consultant in order to have the City Attorney review the wording in the Resolution for changes.
Motion by Knight, Seconded by Orttel, to table this item to the December 20, 200S City Council
meeting.
Mayor Gamache wondered how fast after this comes back could they go in and tear a house down
because the house on Andover Boulevard is falling down. Mr. Neumeister stated the City Attorney
would order an O&E report to be served to the responsible parties and they will have twenty days to
respond and if there is no response within the twenty days, it would be taken to the District Court to
allow the City to carry out the removal of the property. He noted this could go on for some months.
Mayor Gamache wondered if this is a hazardous situation when the City can indicate they cannot
wait any longer to have the building removed. City Attorney Hawkins stated they can secure the
property but they cannot take the building down unless there is a court order.
Councilmember Trude thought the house could fall into the road because it is so close to the right-of-
way and there are deliveries being made to the house. City Attorney Hawkins stated they could post
the site and the cost of this would be included in the recovery costs. He noted they are looking at a
thirty to forty day turnaround.
Councilmember Trude stated the house on Andover Boulevard is in a greater state of collapse every
time you drive by it. City Attorney Hawkins stated he did not have a problem with ordering the
process to start on the house on Andover Boulevard.
Councilmember Knight wondered if they could drop the word "repair" in the Resolution in order to
get this going. City Attorney Hawkins thought if they removed the word repair in the resolution
indicating instead that "to provide that it shall be removed." They will serve this order on them and
they have twenty days to respond.
Councilmember Orttel stated if they hire a professional to look at the properties and the inspector
indicates they are repairable and the Council ignores the report and want the building torn down,
what happens. City Attorney Hawkins stated the inspector did not say that. The inspector just gave
staff the condition report and did not indicate which property could be repaired or torn down.
City Attorney Hawkins stated he also discussed this with the City Building Official and he indicated
he had seen the building and there was not any way it could be repaired. Mr. Neumeister reviewed
the report indicating the problems with the building and structural damage to the building which is
not repairable.
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 4
Councilmember Orttel suggested they amend the resolution so they can move forward with removing
the building on Andover Boulevard.
Councilmember Knight rescinded his motion.
It was noted this item would be brought back at the end of the meeting after the City Attorney
reviewed the resolution for amendments.
APPROVE FENCE AND RETAINING WALL ORDINANCE
The Council is asked to review a proposal for two amendments to section 12-7 of the City Code, that
deals with fences. The first amendment would make it necessary to obtain a permit before the
installation of any fence or retaining wall in the City, as requested by the City Council. The purpose
of this amendment is to give staff a chance to review the proposed location of a fence or retaining
wall before it is installed, to prevent them from being installed in drainage and utility easements
where they interfere with access to drainage ponds, sewer lines, and other utilities. This has become
somewhat of a problem in the City. Preventing these types of problems is preferable to trying to
address them after the fence or wall is built.
Councilmember Jacobson stated in the resolution under the permitted use there is some underlined
bold faced type that is not accurate. He stated the wording in the resolution is not what the permit
says.
Mr. Berkowitz stated all fences do require a permit. Retaining walls that are near property lines,
easements and/or wetlands do require a permit. On the first sentence they could state "a permit is
required for the construction of all fences or retaining walls that are located near property lines,
drainage and utility easements and or wetlands in the City of Andover."
Councilmember Jacobson stated this would take care of the problem and would match what the
permit says.
Councilmember Trude wondered where they would deal with the farm animal fences. She wondered
if it would require farms to have a permit and would they reference that by saying " A permit is
required for the construction of all fences unless covered under another provision of the Code." Mr.
Berkowitz stated he was not real familiar with fences when it has to deal with a farm.
Councilmember Orttel thought the intent of this was for perimeter fences and not internal things. He
thought the intent of the wording in the permit indicates that.
Staff reviewed the wording regarding fences and retaining walls with the Council.
Motion by Jacobson, Seconded by Knight, to approve the proposed changes to City Code 12-7 as
detailed in this report and shown in the attached resolution with changes discussed and to have staff
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page S
check to make sure under another provision that the agricultural use of the fence is exempt or else to
bring this back to the Council.
Mr. Winslow Holasek stated farm fences were reviewed at the Planning Commission and they
determined that this ordinance would not include farm fences because it is covered under another
section of the ordinance. He thought it would be a good idea to check to make sure it is covered
under another section of the ordinance. Councilmember Orttel thought it would be better to just
exclude agricultural uses. Councilmember Trude preferred this.
Motion carried unanimously. (ORD. No. 317)
PUBLIC HEARING/VACATION OF EASEMENT, ACCEPT DRAINAGE & UTILITY
EASEMENT/17364 FLORA COURT NW
Community Development Director Neumeister stated the City Council is asked to hold a public
hearing to consider vacating a portion of the existing drainage and utility easement at 17364 Flora
Court NW.
Motion by Trude, Seconded by Jacobson, to open the public hearing at 7:37 p.m. Motion carried
unanimously.
Mrs. Susie Larson, 17285 Round Lake Boulevard, stated her property is the ten acres that runs along
the power lines. She wondered if the applicant was going to build a building back there because they
like to walk along the woods and like it to be natural. Mr. Berkowitz indicated the applicant wants
to build a four season porch in the back of the property and the porch will not go outside of the
property or affect the woods.
Motion by Orttel, Seconded by Trude, to close the public hearing at 7:41 p.m. Motion carried
unanimously.
Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of easement and
accompanying dedication of easement. Motion carried unanimously. (RES. R212-0S)
PUBLIC HEARING/CAPITAL IMPROVEMENT PLAN
City Administrator Dickinson stated the City Council is requested to hold a public hearing to give the
public the opportunity to comment on the proposed 2006-2010 Capitallmprovement Plan (CIP).
Councilmember Trude stated they win be adding some more stalls to the garage behind City Hall and
she wanted to make sure they have some landscaping added so the garages are not noticeable from
the Community Center.
/ Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 6
Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:44 p.m. Motion carried
unanimously.
No one wished to address the Council.
Motion by Trude, Seconded by Orttel, to close the public hearing at 7:44 p.m. Motion carried
unanimously.
Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the 2006-
2010 CIP. Motion carried unanimously. (RES. R213-0S)
Councilmember Trude thought they could feature some of the Park plans in the newsletter.
CONSIDER PRELIMINARY PLAT/STACK'S WOODS
Community Development Director Neumeister stated the City Council is asked to review a
preliminary plat for Stacks Woods, which will have 20 rural residential lots.
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Mayor Gamache stated currently there is nothing south of this project except fields. He wondered if
they were indicating nothing should access 16Sth. Mr. Neumeister stated any lot that has the
possibility to access 16Sth should be conditioned that it should be taken off of the side street or 164 th
Lane.
Councilmember Orttel wondered what the 2 thirty-five foot easements are for. Mr. Berkowitz stated
this handles the storm water drainage.
Councilmember Jacobson stated one problem he has is on the west side along Yakima Street. As it
comes down to the south, it turns into 163 rd Lane and if someone is looking for a home, they will not
find it because of the change in road names from one end to the other. He suggested the entire road
be called Yakima Street. He wondered what the possibility is of the property owners to the east of
the long cul-de-sac will eventually doing what the drawing says will be done. Is it fifteen, twenty
years down the road and how will it connect. Mr. Berkowitz explained the possibilities of
connection in the area in the future.
Councilmember Jacobson stated his concern is if they allow this long cul-de-sac but the soils to the
east do not allow the road to be extended in the future, why they are allowing this. Mr. Berkowitz
was not sure if the developer has analyzed the site for soil issues or not. He stated by looking at the
1974 contour map, it did not look like there are a lot oflow areas there.
Councilmember Jacobson wondered if the developer looked at the possibility of going north with a
road off of 164th up to 16Sth. Mr. Mike Quigley stated they did but the problem is it is only four lots
long to start with. It becomes difficult as to where they put the street going north. He stated this is
difficult because of the lots.
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 7
Councilmember Trude stated when she looked at it, she saw that only six lots do not have access if
there would be some emergency because the western lots one and three could access from one other
side street if something were to block 164 th and she did not know what the depth is of the other six.
If there was some crisis, a fire truck could probably access homes through the back yard.
Councilmember Knight stated there would be fences and other obstacles and for a vehicle to go
through there they would need an access. Councilmember Trude did not think a vehicle could go
through there but they could run hoses to access a couple of the homes but there would be a few that
would not be accessible.
Councilmember Knight stated his concern is the odds of all five of the people splitting their lots are
pretty remote so the ghost plat does not hold up for the foreseeable future. Mr. Quigley stated he
provided the ghost plat because of the concern that was expressed by the Commission members to
show the possibility.
Councilmember Orttel stated this allows them an option where before they did not have it He stated
this give three access points without going onto a County Road for ~ access.
Staff reviewed Ventre Street with the Council. Mr. Berkowitz indicated this will be a collector
street.
Councilmember Trude wondered if the area to the south of Ventre Street is developable. Mr.
Berkowitz thought it would be.
Councilmember Trude stated she likes the idea of having a trail along the road that would go
somewhere eventually. Mr. Quigley stated they did not consider a trail down Ventre because they
could not see a function for the trail at this point. Eventually when the road is connected and
development is in the south, a trail could be constructed to connect areas together. He would not
mind putting a trail in if it would be credited and go against the park dedication fees.
Councilmember Jacobson wondered what the policy dictates. Mr. Berkowitz stated the trail in the
development would be considered an internal trail to the development and is the developer's expense
because the way that the trail fee is, that handles the regional trail system, mainly on County roads,
and connects areas that are already developed that may need a connection trail but any internal trails
are covered and paid for by the developer.
Mayor Gamache stated the problem he sees is that the Council is leaning towards the developer
putting a trail system in so it will tie into a future development that would bring it down to 157th and
the parks so then it becomes a regional trail. They do not want it as an internal trail and prefer not to
have it He thought the City was asking them to build a first leg of a regional trail.
Councilmember Trude wondered what they did for Woodland Estates 6th, Veterans Memorial
Boulevard. Mr. Berkowitz stated it was assessed back to the properties and the developer paid for
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 8
that. That is the trail segment along Veterans Memorial Boulevard from the end of Woodland 4th,
through Woodland 6th to the end of the plat, which will tie into the rural reserve in the future.
Councilmember Trude thought this trail would help the people in the neighborhood to get to parks in
the future and would be a benefit to the residents in that development. Mr. Berkowitz stated the
difficulty with not building a trail with the development is in the future it will be very difficult to
develop it because residents would probably oppose it. Mr. Dickinson stated the trail fee is designed
to connect neighborhoods. Things contained within the plat have been the responsibility of the
development so they would require them to take the trail to the end of their plat. If the end of the
plat does not connect to the trail that is where the trail fee dollars would come into play.
The Council continued to discuss the City trail system with staff.
Mayor Gamache thought they should reserve a space for a trail south of 165th Avenue NW that
would run from Yakima to 7th, reserving a right-of-way along the south side so the residents would
be aware a trail would go in and then it would tie into the regional trail along 7th. Mr. Dickinson
stated they would be looking for a trail easement. Mr. Berkowitz stated it will be a long time before
residents see a trail along 7th.
Councilmember Trude thinks the County really focuses on north/south routes but in the long run it
would be a better investment to build a trail east to Seventh along 165th rather than maybe going
down Ventre which would dump people down to 1 59th which has no shoulder and is narrow and the
cars go fast and she would not want her kids to end up there. Mr. Berkowitz stated they could take a
trail easement so it is identified on the property survey when they buy a lot. He thought the Council
wanted just an easement and a trail would not be built. Councilmember Trude noted she would want
the trail to be built because if they do not build one now, will one ever get built.
Councilmember Orttel thought some part of the trail should be built. Mr. Berkowitz stated they
would prefer to send the trail down south and eventually look at a trail along 1 59th and keep them
away from the curve and 7th Avenue. Councilmember Trude thought this needed to be looked at a
little bit more because 159th is very narrow.
Motion by Jacobson, Seconded by Knight, to approve the proposed plat with the addition ofitem 8,
all lot driveways shall access into interior streets; item 9, 163rd Lane renamed Yakima Street, item
10, a determination of a trail or trail rights-of-way.
Mr. John Ottenstoer, 5230 - 163rd Lane, stated they have not had anyone have trouble fmding their
location as long as they come down off 1 65th . He thought it would be confusing if they changed the
east/west street. Councilmember Orttel did not know if they could because of the issue with 911 and
they are required to follow the pattern.
Motion carried unanimously. (RES. R214-05)
CONSIDER AMENDED CONDITIONAL USE PERMIT/CINGULAR WIRELESS/16191
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 9
ROUND LAKE BOULEVARD NW
Community Development Director Neumeister explained the applicant is requesting a change to an
element of the C.U.P. request that came before the City in August, 200S for the co-location of
wireless telecommunications equipment at the American Tower site near the Industrial Park.
Mr. Neumeister discussed the staff report with the Council.
Motion by Jacobson, Seconded by Knight, to approve the Conditional Use Permit request. Motion
carried lInanimously. (RES. R21S-0S)
DISCUSS 2006 CDBG APPLICATION
Community Development Director Neumeister stated the 2006 Community Development Block
Grant funding cycle is underway. Cities and townships within Anoka County may apply for up to
$300,000 in grant assistance.
Mr. Neumeister reviewed the attachments with the Council.
Councilmember Trude stated she has one suggestion. They have Youth First working in the
Community Center for after-school homework assistance and right now they are only able to be there
one or two hours, one or two days. She stated Tracie Wamberg-Lamb is great at doing grant
applications and maybe she could sit in on the meeting they have at the County to brainstorm the
types of programs they could offer if they had funds for it. She would know where to pigeonhole a
request. Mr. Dickinson stated that would be good because he just received a letter from her
requesting a possible distribution of the charitable gambling fund so she already has an application
pretty well written so that would make sense.
Councilmember Orttel wondered if they could include planning for the Compo Plan as an eligible
cost. Councilmember Trude thought they really liked to fund EDA activities, if they can think of the
appropriate way to focus some of that money into getting their tax base a little broader. Mr.
Neumeister stated they were a little too broad in 200S. The County indicated they need to be more
focused if they apply in the future.
APPROVE RESOLUTIONS FOR REPAIR OR REMOVAL OF HAZARDOUS STRUCTURES
(CONT.)
City Attorney Hawkins stated he redrafted the resolution. He stated in the title of the resolution it
should state "A Resolution ordering the repa:ir removal of the structure~ on property located at 1049
Andover Boulevard NW (pin #21-32-24-33-001S). The first through fourth whereas have no
changes. The fifth whereas would read "Whereas, pursuant to the findings in the report and in
accordance with Minn. Stat. 463 .IS to 463.261, the Council hereby orders the owners of record of
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 10
the above hazardous buildings or their representatives to remove the hazardous structures on the
property as outlined in the report.
City Attorney Hawkins stated the next paragraph would read "Whereas, the Council further orders
that unless corrective action to remove the hazardous structures is taken or an answer served upon
the City within twenty days after the date of the order to remove such buildings, the City will apply
to Anoka County District Court for some reinforcement of this order. The next paragraph did not
change and the last paragraph ''Now, Therefore, Be It Resolved, that the City Council of the City of
Andover hereby apflF0'/es orders the remediation removal of hazardous structures at 1049 Andover
Boulevard NW pursuant to Minnesota State Statute 463.1S to 463.261".
Motion by Jacobson, Seconded by Knight to approve the changes made by the City Attorney to the
Resolution for 1049 Andover Boulevard. Motion carried unanimously. (RES. R216-0S)
Motion by Jacobson, Seconded by Orttel, to approve the Resolution as presented by stafffor 17700
Tulip. Motion carried unanimously. (RES. R217-0S)
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting for December 20, 200S at
6:00 p.m. Motion carried unanimously.
SCHEDULE PARK & RECREATION AND PLANNING COMMISSION INTERVIEWS
City Administrator Dickinson stated the Council is asked to schedule a night in December or early
January for interviewing residents who have indicated they are willing to serve on the Park and
Recreation Commission or Planning Commission. Two vacancies exist on the Park and Recreation
Commission and three vacancies exist on the Planning Commission. The deadline for applications is
December Sth.
Motion by Jacobson, Seconded by Orttel, to schedule Tuesday, January 3, 200S at 6:00 p.m. and
continuing after the City Council meeting and also on Thursday, January S, 200S at 6:00 p.m. for
Park and Recreation and Planning Commission interviews. Motion carried unanimously.
SCHEDULING AND TOPICS FOR NEXT WORKSHOP
City Administrator Dickinson reviewed with the City Council the discussions that will be at the
next workshop.
/ Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 11
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on significant City department activities and
miscellaneous projects in the City.
MAYOR/COUNCIL INPUT
(Wireless Internet) - Councilmember Knight stated he has been contacted by three people regarding
wireless internet. He would like to see the City pursue it because there seems to be some interest
from residents and commercial businesses. Mr. Dickinson stated one of the fears they have is the
Legislature is going to weigh in on this at the next Legislative session. He stated many cities are
starting to pursue this and they are seeing this happen allover and it is big market share and getting
the attention of those larger entities out there. From the outside looking in, it could be a risky
investment if the Legislature weighs in on it in a negative fashion as they would invest dollars. He
stated he was in a wait and see perspective.
(Eminent Domain) - Councilmember Knight stated he noticed an article in the Metro Mayors sheet
regarding Eminent Domain. There is a lot of controversy regarding this and he did not know where
the Metro Mayors are on that and he does not know where various cities are on that. There is a lot of
unhappiness with that court ruling on all sides, not just one or the other. He would like to know if
they are going to be backing a strong position of being in favor of active participation in eminent
domain issues or not. Mayor Gamache stated the Metro Mayors Association supported the ruling.
He thought they were keeping with what eminent domain has always been. He stated they used
eminent domain on the property on Andover Station and in the end it did turn over to the City and
then the City turned it over to private developers. He thought this was similar to what the ruling was.
Part of it is the redevelopment of an area where they are trying to redevelop an area trying to bring it
up to a certain standard. A lot of what eminent domain has been is similar to what they have done in
the City with Andover Station.
Councilmember Knight stated there is a big difference in dealing with blighted areas but he was
troubled when Richfield took legitimate homes and businesses and gave the land to Best Buy and
that is under a redevelopment issue.
Councilmember Orttel stated Minnesota is one of the states that always allowed eminent domain for
any purpose. He thought Minnesota may restrict things. Councilmember Knight wondered if
Andover is going to support this type of thing. Councilmember Trude thought they should have their
local legislators come in for a meeting before the session starts to hear what they think will be some
of the hot issues.
(Awardfor Community Center Architects) - Mayor Gamache stated on Friday night, the Community
Center Architects, RozeboomlMiller, received an honor award from the Society of American
Institute of Architects. He thought they could possibly set up an area in the Community Center
showing the honor and photos. He thought RozeboomlMiller did an excellent job on this building.
Regular Andover City Council Meeting
Minutes - December 6, 2005
Page 12
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:37 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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