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HomeMy WebLinkAboutCC April 15, 2008 C I T Y o F NDOVE 0 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, April 15, 2008 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/25/08 Workshop; 4/1/08 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Award Quote/08-12/Sunshine Park/Irrigation Well (Supplemental) - Engineering 4. Award Bid/2008 Overlays (08-2A, Northglen Area & 08-2B, Grow Oak View Estates), 07-44 (7th Avenue Frontage Road Turn Around) & 08-11 (2008 Curb, Sidewalk & Pedestrian Ramp Repairs) - Engineering 5. Amend 2008 Fee Ordinance - Engineering 6. Approve ResolutionlDesignating MSA Street - Engineering 7. Award Quote/04-55/Public Works Expansion Phase II/Water Main to Sand Dump Station (Supplemental)- 0 Engineering 8. Adopt Resolution Changing Polling Place/Precinct #7 - Clerk 9. Amend City Code 3-1B-9(A) Liquor Licensing - Clerk 10. Approve Preliminary Plat/Andover Station North 2nd Addition/13753 Ibis Street NW - Planning 11. Approve Final Plat/Andover Station North 2nd Addition/13753 Ibis Street NW - Planning 12. Approve Preliminary Plat/Andover Station North 3rd Addition/1730 139th Lane NW - Planning 13. Approve Final Plat/Andover Station North 3rd Addition/1730 139th Lane NW - Planning Discussion Items 14. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 15. Public Hearing/Vacation ofEasement/l7277 Tonto Street NW -Planning 16. Consider City Code AmendmentIRestaurant Parking Requirements of City Code 12-13-8 - Planning 17. Consider Conditional Use Permit (08-04)/On-Sale Liquor/13797 Jay Street NW - Planning 18. Consider On-sale Intoxicating Liquor License/13797 Jay Street NW - Clerk 19. Consider Rezoning (08-01)/Industrial (I) to General Business (GB) for properties located at 16125, 16157 & 16191 Round Lake Boulevard, 3138, 3149, 3160 162nd Lane NW & 3121 161 sl Avenue NW - Planning Staff Items 20. Appoint Cable Commission Representative - Administration 21. Appoint Fire Relief Association Representative - Administration 22. Schedule May Workshop - Administration 23. Administrator's Report - Administration Mayor/Council Input 0 Adjournment 0 REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 15, 2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 15, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the CounciL ARBOR DAY PROCLAMATION Mayor Gamache read the Arbor Day proclamation and proclaimed Friday, April 25, 2008 as Arbor Day in Minnesota. AGENDA APPROVAL Add Arbor Day Proclamation. Add item 19A (Order Abatement Process/Failed Septic System/Order Quotes/2279 154th Lane NW) to Discussion. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. 0 APPROVAL OF MINUTES March 25, 2008, Workshop Meeting: Correct as written. 0 Regular Andover City Council Meeting Minutes - Aprill5, 2008 Page 2 Councilmember Trude stated on page 5, line 12 and 13, they were discussing the City Code. After the word "structure", she wanted the rest of the sentence struck and "in cases where it presents a public safety issue" inserted. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. Aprill, 2008, Regular Meeting: Correct as written. Councilmember Trude stated on page 4, line 30, the sentence should read".. . Board of Appeal they can have him talk about general iB areas of the community." Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS 0 Item 2 Approval of Claims Item 3 Award Quote/08-12/Sunsmne ParklIrrigation Well Item 4 Award Bid/2008 Overlays (08-2A), Northglen Area & 08-2B, Grow Oak View Estates), 07-44 (7th A venue Frontage Road Turn Around) & 08-11 (2008 Curb, Sidewalk & Pedestrian Ramp Repairs) (See Resolution R027 -08) Item 5 Amend 2008 Fee Ordinance (Ord. No. 367) Item 6 Approve Reso1ution/Designating MSA Street (See Resolution R028-08) Item 7 Award Quote/04-55/Public Works Expansion Phase IIIWater Main to Sand Dump Station Item 8 Adopt Resolution Changing Polling P1ace/Precinct #7 (See Resolution R029-08) Item 9 Amend City Code 3-1B-9(A) Liquor Licensing (Ord. No. 368) Item 10 Approve Preliminary Plat! Andover Station North 2nd Addition/13753 Ibis Street NW (See Resolution R030-08) Item 11 Approve Final Plat! Andover Station North 2nd Addition/13753 Ibis Street NW (See Resolution R032-08) Item 12 Approve Preliminary Plat! Andover Station North 3rd Addition/1730 139th Lane NW (See Resolution R033-08) Item 13 Approve Final Plat!Andover Station North 3rd Addition/1730 139th Lane NW (See Resolution R034-08) 0 Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson asked if the law enforcement center was included in the Governor's Bonding Bill that was passed. Captain Wells indicated it was. Mr. Dickinson stated the amount that was approved was $3 million dollars with the rest being bonded by the County. PUBLIC HEARINGIVACATION OF EASEMENT/17277 TONTO STREET NW Community Development Director Neumeister stated the applicant is seeking to vacate a portion of an existing drainage and utility easement to allow an addition to the front of the existing house as shown on the attached drawing. Mr. Neumeister reviewed the staff report with the City Council. 0 Motion by Jacobson, Seconded by Knight, to open the public hearing at 7: 15 p.m. Motion carried unanimously. Daniel Gubbin and Mary Jo Gubbin, 17260 Roanoke Street, stated they are the executors of 17260 Roanoke Street. Mr.Gubbin understood the vacation of easement is a make or break point as to whether a house could go back there. Mr. Berkowitz explained what the owner of the property is requesting and indicated there would not be a house built on the property. Motion by Orttel, Seconded by Knight, to close the public hearing at 7:18 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Orttel, to approve the proposed vacation of drainage and utility easement. Motion carried unanimously. (Res. R035-08) CONSIDER CITY CODE AMENDMENT/RESTAURANT PARKING REQUIREMENTS OF CITY CODE 12-13-8 Community Development Director Neumeister stated the owners of the proposed "Moose & Company Grill House" restaurant have submitted preliminary site plans. The plans show 60 fewer parking stalls on the site than is required by City Code. Under the current code, the 0 developer will be asking for a variance to the parking requirements or will not be able to open the patio seating area. The significant difference between the proposed number of parking stalls and the number required by City Code led the City Council to direct staff to research the parking requirements of other metro area cities. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page4 Mr. Neumeister reviewed the information with the CounciL Councilmember Trude stated it shows forty square feet of dining and the eighty feet of kitchen area on the chart, but there is nothing indicated for the outside patio. She wondered if that would be a dining area Mr. Neumeister indicated that was correct. Councilmember Trude asked what would be required in the current code for parking for the restaurant. Mr. Neumeister stated it would need around one hundred parking stalls and the outdoor patio area would need about sixty-two stalls. If they do not achieve the changes being requested tonight, the applicants would not be allowed to have an outdoor patio seating area. An option would be to either have a shared parking agreement with one of the surrounding property owners which is allowed in their current ordinance, or the Code would need to be changed. Councilmember Knight stated some cities figure the parking stalls by the square footage and some by the number of seats. Staff was proposing they figure the parking stalls by the number of seats. He wondered how the number of seats are determined. Mr. Neumeister indicated the applicant would normally have a design drawing which would be brought into the City and staff 0 would look at that to determine their seating requirements. Councilmember Orttel thought they were going from the toughest standard to the easiest and he did not want to be too easy. He asked what the total amount of stalls would be if they counted seats. Councilmember Jacobson stated there would be ninety parking stalls. There was also another concern because it states one for every employee on the largest shift and they do not know what the largest shift will be. Mr. Dickinson noted if the business is pushing maximum for the number of parking stalls on their property, staffwould encourage the business to look for shared parking. Councilmember Orttel wondered if the Code is used City wide, what happens to a business that does not have the ability to have shared parking. Mr. Dickinson stated the Council would have to take a hard line on that. Councilmember Trude wondered if they should have a cross parking agreement before they jump to this standard. As she looked at the plan, if they have a lot of people coming to the restaurant sitting in booths, the plan will work. However, if they have a lot of areas where people are just going to sit at a bar or stand, that is usually one person per car. She thought they needed something more fluid to address a plan where there are mixed styles of seating or standing. Councilmember Orttel wondered ifparking is allowed on the street in that area. Mr. Neumeister indicated it is not because the street is not wide enough. 0 Councilmember Jacobson stated under the present rules, the applicant would be required to have 162 parking stalls. Under the present rules, staff is stating the applicant is sixty stalls short. If they apply the applicants' numbers where they indicate one spot per every three people, the numbers change to ninety spaces. They will have to have plus one for every employee in the 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 5 biggest shift which only gives them twelve employees for the largest shift before they go over the amount. He thought they would have more than twelve employees on their biggest shift. Councilmember Knight stated there is a similar situation at Riverdale in Coon Rapids and the restaurant is using the bank next door for parking along with other spaces within the development. He did not want to see them get into that type of a situation. Councilmember Trude thought they should wait on this code until they see if there are shared parking easements available. Mayor Gamache asked the applicants if they spoke with business owners in the area. Mr. Andy Stoner indicated they did not. Mayor Gamache thought that once the pool store opens, the majority of the time the restaurant is open would be when the pool store is closed. He thought there could be shared parking there. Councilmember Jacobson asked if the Council were to enact the proposal tonight and it is only for new construction, what would happen if someone moves into a restaurant or building that is 0 vacant. For example, he mentioned the buildings across from Festival and asked if the new parking would apply to that. Mr. Neumeister indicated that area has a shared parking agreement for the entire site and there is adequate parking. Councilmember Jacobson asked if a restaurant is sold to someone else, would this apply to them. Mr. Neumeister stated they would look at the overall shared parking agreement in the area and calculate each of them to determine if the business is short on parking. Councilmember Trude stated when this was previously discussed, they determined that they should not have to over-build parking if there is parking in the vicinity and there is not an argument about it. At this point, they do not know if overflow parking will be allowed. There will not be signs up so she thought that was the change they need to send back for review. In situations where overflow parking can be arranged with neighboring businesses, it will reduce their code. She did not want to see more parking then they need and she would like to see more green space; however, they do not want to impose someone's business excess on others. Mayor Gamache thought 162 parking stalls was too high for the business. Councilmember Orttel agreed. Mayor Gamache stated the issue becomes reality when the business loses business when people cannot find parking spaces. Councilmember Orttel wondered when the busiest hours will be. Mr. Stoner stated their projected busy times will be the dinner hours on Friday and Saturday. He stated they are looking 0 at twenty-four to twenty-six employees needed for their they will have in their largest shift. The Council further discussed possible parking issues and solutions. Mr. Stoner suggested making some of the parking stalls smaller along with removing some of the 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 6 green space to add parking stalls since they have more than enough green space. Mayor Gamache thought they need to move forward on this item. He made some suggestions on what could be done with the parking. Mr. Neumeister stated his recommendation would be to work on a shared parking agreement with the bank or possibly Blue Fin. If they cannot achieve this, he thought they should restrict the patio seating until they have shown a demonstrated need for additional parking. Councilmember Orttel stated they could do an ordinance that states one stall per two and a half seats plus staff, unless they have shared parking that allows them to reduce it accordingly. Councilmember Jacobson stated if they enact what is being proposed, they drop about fifty-five parking spots. He did not think that was adequate. Councilmember Trude stated if they allowed one per three, they may get a few more parking spaces. 0 The Council discussed with Mr. Neumeister and the applicant alternatives for parking and the possible number of parking stalls that could be achieved. Councilmember Jacobson thought they could approve the following verbiage. "One stall per every three seats. If insufficient space is available provide for additional offsite parking to meet the requirement (shared parking)." He explained what he would like to have for the requirement to the Council and staff. Councilmember Trude wondered if this would be enough parking because it was less than what staff recommended. Councilmember Orttel wondered if there could be on-street parking. Mr. Berkowitz stated the street would be too narrow for on-street parking. Motion by Jacobson to approve the ordinance as presented by staff changing the wording under the parking spaces requiring the verbiage underlined in bold to be removed and in its place inserted, "One stall for every three seats. If insufficient space is available, it needs to be provided off site to meet the parking requirements (shared parking)". Councilmember Trude wondered if the wording could be "This requirement can be met with shared parking". Mr. Neumeister stated the current code allows that right now without adding anything at all. He noted adding "one for three" would be something new. 0 Staff discussed with the Council issues with the proposed changes. Motion failed for lack of a second. Motion by Orttel, Seconded by Knight, to approve the proposed code amendment adding the 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 7 wording "one parking stall for every 2.5 seats in the restaurant". Motion carried 4 ayes, 1 nay (Jacobson). (Ord. No. 369) CONSIDER CONDITIONAL USE PERMIT (08-04)/ON-SALE LIQUOR/13797 JAY STREET NW Community Development Director Neumeister explained the applicants are requesting a Conditional Use Permit (CUP) for on-site liquor sales at a new restaurant in Andover Station North. Mr. Neumeister reviewed the information with the Council. Councilmember Trude wondered if the applicant would be willing to address a potential condition of seventy percent of sales for food or something more than the fifty. Councilmember Jacobson stated they already have fifty percent in the ordinance. Councilmember Trude noted , they can change it in a CUP. She stated there were concerns by people in the community with regard to the number of businesses in the City with liquor licenses. 0 Councilmember Trude stated she wants to have something in the CUP indicating this will be more of a family restaurant than a bar. She asked the City Attorney if they can change the percentage to a higher amount in a CUP. City Attorney Baumgartner noted it states in Chapter One o~Liquor Control/Intoxicating Liquor, Section 3-1B-4E, it states, "no on-sale intoxicating liquor or on-sale wine license shall be issued unless the applicant makes a bonafide estimation that at least fifty percent of the gross receipts of an establishment during the first year of business will be attributable to the sale of food. He stated MN Statutes 340A further set forth that cities may require more stringent and strict regulations with respect to liquor enforcement than is set forth in the Statute itself. This gives the City authority to go beyond what it states in 340A and also by the language in the Code when it states, "at least fifty percent". This is the minimum, which means the Council can go further and ask for more. Councilmember Orttel asked if that would be on a selected basis or overall. City Attorney Baumgartner stated it says "at least". The problem they run into on a selected basis is a discriminatory enforcement issue. He thought it would depend upon a number of things. If it was an establishment on the outskirts of town, they would not be as concerned about the food to alcohol sales as they would close to the inner city. There might be justification for an inner city establishment to have higher food sales to liquor sales ratio. Mr. Andy Stoner discussed his business plan with the Council. He stated as far as the liquor 0 license wording, he would have two concerns. First, if they have businesses in the same area, similar businesses that do not have the same type of limits set for them in terms of competitive nature, he could see how that would affect them. He stated their Performa projects and is based upon industry averages. He stated they have put a considerable amount of thought into this and their concept is based upon the whole restaurant concept that does need to sell on-sale liquor. He 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 8 stated his concern was with their possible sale of bottle of wine that would go with a dinner. Councilmember Trude stated her concerns were connected with the initial naming of the restaurant and the layout of the restaurant where the beer cooler is bigger than the food cooler and the liquor storage turned into an office along with a bar in the middle of the restaurant with a lot of seating around it Also, the kitchen size compared to the alcohol preparation area causes her to ask these questions. If their plan is more of a sports bar theme where people will be drinking more alcohol, than these concerns can be addressed by saying they want to see more than fifty percent in food receipts. They want another restaurant in the City; however, the only way she can rely on the marketing plan is to put in a condition. They are opening an unknown restaurant and the business plan can change based upon the clientele. Mr. Stoner stated the size of the walk-in cooler is determined by geographies because they will get beer deliveries once a week and need to stock up on it. They will be able to get food deliveries daily so they will not need as much cooler or freezer space. He stated in the center of the bar will be two cylinder type fireplaces. 0 Mr. Stoner reviewed the floor plan of the restaurant with the Council. Councilmember Jacobson asked ifPov's and Tanner's were currently operating under the fifty- fifty ratio. Mr. Dickinson indicated they were. Motion by Orttel, Seconded by Knight, to approve the Conditional Use Permit request for the proposed restaurant. Motion carried unanimously. (Res. 036-08) CONSIDER ON-SALE INTOXICATING LIQUOR LICENSE/13797 JAY STREET NW City Administrator Dickinson stated MBG Holdings LLC has applied for an on-sale intoxicating and Sunday liquor license for a grillhouse to be located at 13797 Jay Street NW. Councilmember Trude asked if they could increase the liquor to food ratio in the liquor license. Motion by Trude, Seconded by Jacobson, to approve the on-sale intoxicating liquor license for MBG Holdings, LLC contingent upon receipt of a certificate of insurance and with a requirement of food sales of sixty percent of gross. Councilmember Jacobson stated he would be willing to make this requirement for one year and then they could review it again. 0 Councilmember Orttel stated he would not be in favor of this because it is discriminatory against this business when there ate other businesses in the area that have different standards. Mayor Gamache indicated he would vote against this also. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 9 Councilmember Trude stated because of the recent history of dealing with this business and the name problems she would feel more comfortable adding this. Councilmember Knight asked for the attorney's opinion on what is being said. City Attorney Baumgartner stated you can do it but you run the risk of the appearance of some impropriety based upon the rationale and treating establishments differently. Councilmember Trude stated that because of the concern of the dance studio's owner and the children coming and going from there, she wants to make sure this remains a family-oriented business area. There is a desire in the community to get a family-oriented business and that is her expectation. The applicants told her their pro forma is going to be 17% liquor sales, which is more than double the liquor sales from their pro forma sales. She did not think it was a hardship to them based upon what was represented to her. Councilmember Orttel stated they re-approved Tanner's located next to a bowling alley and theater where children are present and they did not bring it up. Councilmember Trude stated their bar area is well defined. 0 Councilmember Knight wondered how this restaurant will differs from Tanner's. City Attorney Baumgartner thought it would be the floor plan and location. Other than that it probably would not be different. Councilmember Trude stated the bar area in Tanner's is considerably smaller in size compared to the dining area Councilmember Orttel stated another thing they need to understand is that the people that go into the industrial areas do not have the authority to control other businesses that are coming into the area He thought they have to be very alert to that. He stated this is not the only business this company wants to control. Mayor Gamache stated there was no doubt with the purchase of both properties that this area was being saved for a restaurant and they never intended it to be an Embers or Perkins type of restaurant. CouncilmembeJ Trude stated she had no objections to that and hoped this business will be very successful; however, this was the only way she could put a condition on there that they can look at in a year for review. She stated the percentage can always be lowered to fifty percent, but will be hard to raise if issues arise. Mayor Gamache thought the concerns were over exaggerated and they need to adhere to what they are doing with other restaurants in the same area Councilmember Orttel agreed. City Attorney Baumgartner explained to the Council that it is easier to lower the percentage after a year than to raise it after a year. 0 Mayor Gamache thought if they want to discuss changing the Code to a higher percentage they can do that but it would be another matter. He did not feel that singling this business out is fair. Motion failed 2 ayes and 3 nays (Gamache, Knight, Orttel). 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 10 Motion by Orttel, Seconded by Gamache, to approve the on-sale intoxicating liquor license for MBG Holding, LLC contingent upon receipt of a certificate of insurance. Motion carried 3 ayes, 2 nays (Jacobson, Trude). Councilmember Knight wanted to explain his position on this because he agreed with the 60/40; however, his concern was the same as the City Attorney's and hoped everyone uses their head. CONSIDER REZONING (08-01)/INDUSTRIAL (I) TO GENERAL BUSINESS (GB) FOR PROPERTIES LOCATED AT 16125,16157 & 16191 ROUND LAKE BOULEVARD, 3138, 3149, 3160 162N LANE NW & 3121161sT A VENUE NW Community Development Director Neumeister explained Council has directed staff to rezone six properties in the Hughs and Westview Industrial Parks from the Industrial (I) zoning district to the General Business (GB) zoning district. Motion by Jacobson, Seconded by Orttel, to approve the rezoning from Industrial (I) to General 0 Business (GB) for all seven properties based on the fact that times and conditions have changed. Mayor Gamache asked if the owner at 3138 was not in favor of this. Mr. Neumeister stated at first he called and was a little in doubt of it but at the Planning Commission meeting he was in favor. Staff reviewed with the Council the different businesses and their opinions regarding the change. Councilmember Trude stated the City Clerk indicated Hughs does not have an "e" in it. On the back of the ordinance there is the explanation for the rezoning but this will not be in the ordinance so they need to delete the paragraph above "adopted by the City Council". Councilmember Trude stated the record establishes that the Council thinks the area has changed a lot and the traffic justifies retaiL It also fits the times and conditions since there is support by the business community. She also thought this was a general overall upgrade to this area of the City. Motion carried unanimously. (Ord. No. 370) Councilmember Jacobson stated as he was going through the list, there was one item that caught his eye. It is a minor word change, "garages and storage structures for trash or garbage", which is 0 a permitted accessory use and is not what they mean. Garages are a permitted accessory use, but storage structures for trash or garbage really address where garbage cans are placed. When it is listed in this manner a person could use a garage for storing trash. He wondered if they should direct staff to make the appropriate word change to make it very clear. The Council concurred. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 11 ORDER ABATEMENT PROCESS/FAILED SEPTIC SYSTEM/ORDER QUOTESI2279154TH LANE NW Mr. Neumeister stated the City Council is requested to receive the attached information related to what has transpired over the past seven months and determine whether staff should move ahead to abate the nuisance. The owner had a quote to do the work, but did not follow up with the contractor who was willing to install the system last fall. The finances to pay the contractor fell through so no work has been done. Mr. Neumeister reviewed the information with the Council. Mr. Dickinson stated one of the reasons for the delay was there was a contractor lined up and it was going to get taken care of but at the last minute fell though. Councilmember Trude asked if the property owner is not talking to the City, how will they know 0 how much will be assessed. Mr. Dickinson stated they will notify him and staff will come back to the Council to do the final assessment. He stated this is considered an imminent threat and that is why they are bringing it forward. Councilmember Jacobson asked if this is the proper way to do this. City Attorney Baumgartner stated it is and that the ordinance was followed. Motion by Jacobson, Seconded by Orttel, to acknowledge the receipt of the attached information, adopt the attached resolution confirming that the Building Official will obtain three quotes for the work that is needed to abate the nuisance, and assess the property for the cost to perform the corrective work. Motion carried unanimously. (Res. R038-08) APPOINT CABLE COMMISSION REPRESENTATIVE City Administrator Dickinson explained with the impending retirement of City Clerk, Victoria V olk, at the end of June, certain board appointments held by Victoria will need to be appointed. To promote a smooth transition, he recommended that new individuals be appointed at this time. Motion by Trude, Seconded by Knight, to appoint Councilmember Jacobson as the City of Andover Representative to the Quad Cities Cable Commission effective June 1,2008. 0 Councilmember Orttel wondered if there was any reason for having a staff member and Councilmember on the board rather than two Councilmembers. Mr. Dickinson indicated there was not. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 12 APPOINT FIRE RELIEF ASSOCIATION REPRESENTATWE City Administrator Dickinson explained with the impending retirement of City Clerk, Victoria V olk, at the end of June, certain board appointments held by Victoria will need to be appointed. To promote a smooth transition, he recommended that new individuals be appointed at this time. Motion by Orttel, Seconded by Knight, to appoint Lee Brezinka as the city staff representative to the Andover Fire Relief Association Board effective June 1, 2008. Motion carried unanimously. SCHEDULE MAY WORKSHOP The Council is requested to schedule a Special Council Workshop meeting on Tuesday, May 27, 2008 at 6:00 p.m. 0 Councilmember Trude wondered if they could change this to a different date because it is the day right after Memorial Day. Mr. Dickinson indicated they could postpone this meeting until June because there was no pressing business on the agenda. The Council decided to postpone the May meeting until June. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and City department activities, meeting reminders, legislative topics, and miscellaneous projects. Motion by Trude, Seconded by Gamache, to appoint Jim Dickinson to the Youth First Advisory Board for the City of Andover. Motion carried unanimously. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT 0 (Elected Officials Meeting) - Councilmember Jacobson stated he received a notice that there is an Elected Officials Meeting on April 30th. Mr. Dickinson indicated he will post this as a meeting. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 13 Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 15, 2008 TABLE OF CONTENTS PLEDGE OF AI.,LEGIAN CE ....................................................................................................... 1 RESIDENT FORUM.................................................................................................................... 1 ARBOR DA Y PROCLAMATION... ....................................................... ............... ..... ....... .... ...... 1 AGENDA APPROV AI.,.................... .................... ........................... ... ................ ...... .................... 1 APPROV AL OF MINUTES ............. ......... ............. ............................ ......... ........ ............... .......... 1 CONSENT ITEMS. ................. ......... ............... ..... .......... ..... ... ....... .................... ........................... 2 Approval of Claims................................................................................................................... 2 Award Quote/08-12/Sunshine ParklIrrigation Well ................................................................. 2 Resolution R029-08 awarding Bid/2008 Overlays (08-2A), Northglen Area & 08-2B, Grow Oak View Estates), 07-44 (7th A venue Frontage Road Turn Around) & 08-11 (2008 Curb, Sidewalk & Pedestrian Ramp Repairs) ................................................................................ 2 Amend 2008 Fee Ordinance .................... ........................... ........ ........ ...... ...... .......................... 2 , Resolution R030-08 approving Resolution/Designating MSA Street ...................................... 2 0 Award Quote/04-55/Public Works Expansion Phase WWater Main to Sand Dump Station... 2 Resolution R031-08 adopting Resolution Changing Polling Place/Precinct #7....................... 2 Amend City Code 3-1B-9(A) Liquor Licensing ....................................................................... 2 Resolution R032-08 approving Preliminary Plat/Andover Station North 2nd Addition/13753 Ibis Street NW.....................................................................................................................: 2 Resolution R033-08 approving Final Plat/Andover Station North 2nd Addition/13753 Ibis Street NW............................................................................................................................. 2 Resolution R034-08 approving Preliminary Plat/Andover Station North 3rd Addition/1730 139th Lane NW . .............. ........ ................................ ............... ..... ...... .................................... 2 Resolution R035-08 approving Final PI~t/Andover Station North 3rd Addition/1730 139th Lane NW ................................................................................................................................. 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTIIL Y REPORT................... 3 PUBLIC HEARINGN ACATION OF EASEMENT/17277 TONTO STREET NW .................. 3 CONSIDER CITY CODE AMENDMENT/RESTAURANT PARKING REQUIREMENTS OF CITY CODE 12-13 -8............................................................................................................... 3 CONSIDER CONDmONAI., USE PERMIT (08-04)/ON-SAI.,E LIQUOR/13797 JAY STREET NW (R.03 7-08) ......... ............................. .......... ......................................................................... 7 CONSIDER ON-SALE INTOXICATING LIQUOR LICENSE/13797 JAY STREET NW ....... 8 CONSIDER REZONING (08-01)/INDUSTRIAL (I) TO GENERAL BUSINESS (GB) FOR PROPERTIES LOCATED AT 16125,16157 & 16191 ROUND LAKE BOULEVARD, 3138, ST . 3149,3160 162N LANE NW & 3121 161 AVENUE NW ................................................ 10 ORDER ABATEMENT PROCESS/F AILED SEPTIC SYSTEM/ORDER QUOTES/2279 154TH 0 LANE NW (R.es. R03 8-08)........................................................................ .... ......... ..... .......... 11 APPOINT CABLE COMMISSION REPRESENTATIVE........................................................ 11 APPOINT FIRE RELIEF ASSOCIATION REPRESENTATIVE............................................. 12 SCHEDULE MAY WORKSHOP .............................................................................................. 12 ADMINISTRATOR REPORT.. .................... .................................. ........................................... 12 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 15 MA YOR/COUNCII., INPUT ................... ............. ... ...... ......... ................ ............. ....................... 12 Elected Officials Meeting. .......... .......... ............................... ................. ................ .... ......... ..... 12 0 0 C I T Y o F NDOVE 0 BOARD OF REVIEW CONTINUATION April 15, 2008 - Minutes The Board of Review continuation was called to order by Mayor Mike Gamache at 6:45 P.M., Tuesday, April 15, 2008 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also Present: Jim Dickinson, City Administrator Jason Dagastino, County Assessor Others 16025 Ea.ele Street NW. PIN 14-32-24-32-0063 - 0 Mr. Dagastino noted that their value was affirmed. ,15035 Uplander Street NW. PIN 22-32-24-33-0052 Motion by Jacobson, seconded by Trude to accept the assessor's valuation. Motion carried. 1902 - 135th Avenue NW. PIN 34-32-24-43-0119 Mr. Dagastino noted that he lowered the value of the property from $282,500 to $254.900. Motion by Jacobson, seconded by Orttel that we accept the assessor's valuation. Motion carried Wmslow Holasek Properties Mr. Holasek requested additional time so he could pursue this at the county level. Motion by Orttel, seconded by Knight to allow Mr. Holasek time to appear before the County Board of Appeals. Motion carried. 0 0 Board of Review Continuation April 15, 2008 - Minutes Page 2 Parcel 17-32-24-24-0004 Mr. Dagastino noted this is an unbuildable piece of property and he lowered the value to $2,000.00 from $4,300. He also abated the 2008, 2007 and 2006 taxes Motion by Knight, seconded by Jacobson to accept the Assessor's recommendation. Motion carried. Motion by Knight, seconded by Jacobson to adjourn. Motion carried. Meeting adjourned at 6:56 p.rn.. Respectfully submitted, Vicki V olk 0 City Clerk 0