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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, March 18, 2008
Call to Order-7:00 p.m.
Pledge of Allegiance
Special Presentation - QCTV
Resident Forum
Agenda Approval
1. Approval of Minutes (2/26/08 Workshop; 3/4/08 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Order Project/07-40/Wayside Horns/Crosstown Boulevard NW - Engineering
4. Order Plans & Specs/07 -4 7 !Railroad Quiet Zones/l 61 st Avenue NW - Engineering
5. Approve Joint Powers Agreement with City of Coon Rapids/W ater System Interconnects - Engineering
6. Approve Application for Exempt Permit/Pulmonary Hypertension Association - Clerk
7. Approve Comprehensive Plan Amendment/MUSA Expansion/Metro Mosquito Control/1260 Bunker Lake
0 Boulevard NW - Planning
Discussion Items
8. Receive Anoka County Sheriffs Department MontWy Report - Sheriff
9. Public Hearing/Zoning Code Amendment/Daycare Centers as a Conditional Use or Permitted Use in the
Industrial Zoning District - Planning
10. Public Hearing/2008 Natural and Scenic Area Grant Application - Planning
11. Consider Conditional Use Permit/On Sale Wine & BeerIBeef 'O'Brady's Family Sports Pub/15190
Bluebird Street NW - Planning
12. Consider On-Sale Wine & Beer LicenseIBeef'O'Brady's Family Sports Pub/15190 Bluebird Street NW-
Clerk
13. Consider Conditional Use Permit/Linder's Flower Mart/2218 Bunker Lake Boulevard NW - Planning
Staff Items
14. Consider Appointments/Coon Creek Watershed District Vacancies - Engineering
15. Schedule EDA Meeting - Administration
16. Schedule April Workshop - Administration
17. Administrator's Report - Administration
Mayor/Council Input
Closed Session:
a. Putnam Litigation
Adjournment
0
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 11
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 18,2008
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE .................. ................... .................... ...... .............. ............... ........... 1
SPECIAL PRESENTATION - QCTV ............,............................................................................ 1
RESIDENT FORUM .................................................................................................................... 2
AGENDA APPROV AL.......................................... .................. .............................. ........... ........... 2
APPROV AL OF MIN1JTES... ................ ............................... .............. ............. ........ ....... ............. 2
CONSENT ITEMS ....................................................................................................................... 2
Item 2 Approval of Claims .................... ......... ...... ................... ...... .......... ........... ........ ........... 3
Item 3 Resolution R020-08 ordering Project/07-40lWayside Horns/Crosstown Boulevard
NW ...... ........................................................................................................................ 3
Item 4 Resolution R021-08 ordering Plans & Speca/07-47/Railroad Quiet Zones/161 st
Avenue NW ............ ............. .............. ..... ................... ......................... ........................ 3
Item 5 Approve Joint Powers Agreement with City of Coon RapidslW ater System
Interconnects............................................................................................................... 3
Item 6 Approve Application for Exempt Permit/Pulmonary Hypertension Association....... 3
0 RECENE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ...............3
PUBLIC HEARING/ZONING CODE AMENDMENT/DA YCARE CENTERS AS A
CONDmONAL USE OR PERMITTED USE IN THE INDUSTRIAL ZONING DISTRICT
(0 RD. 366) .............................................................................................................................. 3
PUBLIC HEARING/2008 NATURAL AND SCENIC AREA GRANT APPLICATION ..........6
CONSIDER CONDITIONAL USE PERMIT/ON SALE WINE & BEER/BEEF O'BRADY'S
FAMILY SPORTS PUB/15190 BLUEBIRD STREET NW (RES. R022-08)........................ 7
CONSIDER ON-SALE WINE & BEER LICENSE/BEEF '0' BRADY'S FAMILY SPORTS
PUB/15190 BLUEBIRD STREET NW.................................................................8
CONSIDER CONDITIONAL USE PERMITILINDER'S FLOWER MART/2218 BUNKER
LAKE BOULEVARD NW (RES. R023-08).......................................................................... 8
CONSIDER APPOINTMENTS/COON CREEK WATERSHED DISTRICT VACANCIES .... 9
SCHEDULE ED A MEETING...................................................................................................... 9
SCHEDULE APRIL WO RKSH 0 P .............................................................................................. 9
ADMINISTRATOR REPORT.......................................... ................ ............... ................. ..... ...... 9
MA YO RICO UNCIL INPUT ............................................................................................... ......... 9
April 1 0, 2008 Meeting....... ................................... .............. ............................................ ......... 9
Hanson Interchange Construction Plans for 2008................................................................... 10
Adjournment............................................................................................................................... 10
0
0
REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 18,2008
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, March 18,2008, 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 Planner, Courtney Bednarz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
0 PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATION - QCTV
Mr. Terry O'Connell from QCTV addressed the Council relative to QCTV's involvement with the
"webcasting" of City Council meetings.
Councilmember Trude asked if presentations such as maps will show up as well as they do on
cable TV. Mr. O'Connell stated it would look the same.
Councilmember Jacobson asked once the broadcast is put on the web, how is it limited to 125
people. Mr. O'Connell stated once it reaches 125 people the bandwidth will shut down.
Mr. O'Connell stated with the web site they will be able to track the number of hits, how long
they stay, and what they are viewing to get an indication of how many people are watching the
broadcast. He stated if they keep hitting the bandwidth cap, they will increase the bandwidth
capacity.
Councilmember Trude explained the issues they have with technology just inside the Council
0 Chambers. She wondered how things could be improved. Mr. O'Connell stated they could get
new cameras and equipment.
Mayor Gamache thought it was a good idea because of the option it provides for watching the
broadcast anytime.
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 2
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
There were no changes.
Motion by Knight, Seconded by Jacobson, to approve the Agenda as presented. Motion carried
unanimously.
APPROVAL OF MINUTES
0 February 26, 2008, Workshop Meeting: Correct as written.
Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Jacobson).
March 4, 2008, Regular Meeting: Correct as amended.
Councilmember Jacobson stated on page 6, line 2, what is not reflected is the mention of a colored
map indicating the parcels. This map was supposed to be attached to the minutes; however, it was
not addressed in the motion and should be added to it. ".. . and as shown on the map attached to the
minutes. "
Councilmember Orttel stated they received a request from Mr. Holasek to make a correction
indicated in a letter he submitted at the beginning of the meeting. Page 5, line 15, the sentence
should read "Mr. Holasek agreed to was in agreement with keeping their property within the same
time frame as in the last Comprehensive Plan."
Councilmember Trude stated when her changes were noted at the beginning of the meeting there is a
double word on page 3, line 21. She would also like them to delete the word "park" in the middle of
the sentence.
Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4
0 ayes, 1 present (Trude).
CONSENT ITEMS
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 3
Item 2 Approval of Claims
Item 3 Order Project/07-40/Wayside Horns/Crosstown Boulevard NW (See Resolution
No. R020-08)
Item 4 Order Plans & Specs/07 -4 7/Railroad Quiet Zones/161 st Avenue NW (See
Resolution No. R021-08)
Item 5 Approve Joint Powers Agreement with City of Coon Rapids/W ater System
Interconnects
Item 6 Approve Application for Exempt Permit/Pulmonary Hypertension Association
Item 7 Approve Comprehensive Plan AmendmentlMUSA Expansion/Metro Mosquito
Control/1260 Bunker Lake Boulevard NW
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT
0 Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
Mayor Gamache commended the Sheriff's and Fire Departments on their quick response to the major
accident at the intersection of Crosstown and Bunker Lake Boulevards.
PUBLIC HEARING/ZONING CODE AMENDMENTIDAYCARE CENTERS AS A
CONDITIONAL USE OR PERMITTED USE IN THE INDUSTRIAL ZONING DISTRICT
Mr. Neumeister stated the City Council was approached at their March 4, 2008 meeting by a property
owner requesting a change the uses in the (I) Industrial Zoning District to enable a daycare center to
move into an existing office building located in Hughs Industrial Park. The property owner
described this space as the best possible site to accommodate an existing daycare center that has
experienced an emergency need to relocate.
Councilmember Trude wondered if they should change the zoning.to the front of the property to
allow retail. This would allow them to not have to go through a CUP. She stated the use at this
location will more than likely change. She did not think daycares were always compatible in
industrial parks; however, she thought along the edge of this industrial park, it could be compatible
with retail business zoning.
0 Councilmember Trude thought Conditional Use made sense for a daycare in an industrial park
because of safety issues. She indicated she would not want to see them in all industrial parks.
Mr. Neumeister reviewed the process the applicant will need to go through to get this item approved.
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 4
Councilmember Orttel did not think the applicant would need to come back for a permit if this is an
approved use in the Industrial Zoning District.
Ms. Amy Boman, 33098 Marmin Street, Cambridge, was at the meeting to answer questions.
Councilmember Orttel asked how long it will take for the building to be remodeled to fit her use.
Ms. Boman indicated it will not need to be remodeled. The State has been there and since they are
already a licensed facility, the State will only do a change in terms of her license. She stated the Fire
and Building Inspectors have been there and she has been in contact with the health inspector from
Anoka County. She will be going to Anoka County to have them sign the sheet and then she will fax
the form over with the three signatures. Her license can be changed that day.
Councilmember Trude understood they need to have a sprinkler system installed. Ms. Boman stated
that is correct. The Fire Inspector wants to enforce Code 1306 which requires them to sprinkle the
building even though that building falls under all the exemptions to not sprinkle it. She stated they
would have to sprinkle the building. The owner has expressed this would not take much time for
himto do if that is what they need done.
0 Councilmember Jacobson asked for clarification on the exemption for sprinkling. Ms. Boman
explained the Code 1306 exemption. Mr. Neumeister clarified and indicated the Fire Chief and
Building Official both said they would not give an exemption because it might lead to other uses that
may want an exemption.
Councilmember Orttel wondered how long it would take before the daycare could occupy the
building. Ms. Boman stated there were no improvements that need to be done except for the
sprinkler system and she explained the Deputy Fire Chief indicated they might consider allowing
them a temporary approval to allow them to move into the building. Then they would be given a set
amount of time for the sprinkler system installation.
Councilmember Orttel stated he would like to accommodate the daycare so they do not lose
additional families.
Motion by Knight, Seconded by Trude, to open the public hearing at 7:41 p.m. Motion carried
unanimously.
Councilmember Trude asked about the opinion of the County Health Department. Ms. Boman stated
the County Health Department deals with the serving of food and since there is not a kitchen area,
they will cater the food. They meet all of the codes with regard to safety. She stated the State will
give them a variance for the play area until the ground thaws. Then they will put in an area outside
0 for the kids. She noted the play area will probably go to the north and east of the building.
Councilmember Knight asked how soon Mr. Larson could get the sprinkler work done. Ms. Boman
stated he indicated it would take a couple of weekends to get the piping through the building and
installed.
,.
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 5
Councilmember Jacobson stated they have to develop a sprinkler plan and have it approved before it
can be installed. It could be a longer time period than just a couple of weekends. Ms. Boman
thought Mr. Larson was already working on approval.
Mr. Neumeister stated they must have a plan for a permanent sprinkler system before they can install
it and allow the daycare to operate.
Councilmember Orttel asked if the front parcel was rezoned and if there were businesses in there
already that would not be allowed in a retail zoned area. Mr. Neumeister stated what was discussed
was having the Joe Brabant site and possibly the liquor and feed store all a commercial zone so it
would get away from spot zoning. He did not think any of the businesses out there were industrial in
nature and would fit into a retail zone.
Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:50 p.m. Motion carried
unanimously.
0 Motion by Orttel, Seconded by Knight, to amend the City Code Section 12-13-3 with one change
under the letter "r' place a letter "P" instead of a letter "C".
Councilmember Trude stated they do this reluctantly and she thought what the Master Plan of going
to a business rezoning in this area in the very near future where daycare is more appropriately zoned
and then go back to limiting daycare use in an industrial zone, would be the Master Plan.
Councilmember Knight thought this will upgrade the entire corner into a more desirable commercial
property as well as helping the daycare.
Councilmember Jacobson stated he is going to vote against this because he thinks this is a rush in
judgment. He stated the Planning Commission recommended a Conditional Use Permit. He heard
the applicant say she either had the children placed in other centers or they were gone entirely so she
does not have any at the present time. He understood she wants to get in as quickly as possible;
however, to make it a permitted use just to allow things to start, if they do go to a hearing to get it
rezoned and they decide not to rezone it for whatever the reason, it is still a permitted use. He stated
they have many children and once the daycare is located there, they could potentially have someone
move into the industrial park next to them that uses chemicals, paints or other things that are
injurious to children. He did not think this was a good policy. Councilmember Orttel thought it
went through the normal process. Councilmember Jacobson stated it was expedited to help this
business and they have found that there are many time constraints involved even if it were approved
right now. He felt it was a little bit of a rush in judgment.
0 Councilmember Trude stated she is reluctant to do this, but she did not think there was an
opportunity for another location because there are no other vacant properties. She thought they have
an overall plan in place to work through the problems that have been presented to them and they
have a Master Plan that they will move toward. Her ultimate goal is to see daycares go back to a
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 6
conditional use in industrial zones or eliminate it completely. In the interim with about a month of
deliberation, she has thought a lot about the situation. Her conclusion is that since there are so many
agencies looking out for the safety issues, she has to trust those agencies will look out for the best
interest of the children.
Motion carried 4 ayes, 1 nay (Jacobson). (ORD. No. 366)
Motion by Orttel, Seconded by Trude, to direct staff to start rezoning the area in the northeast
quadrant of Round Lake Boulevard and 161 st A venue to General Business or something other than
Industrial with a public hearing and input from the surrounding land owners. Motion carried
unanimously.
PUBLIC HEARING/2008 NATURAL AND SCENIC AREA GRANT APPLICATION
Mr. Bednarz stated the Council directed staff to proceed with this grant application. A public
hearing and an approved resolution are two elements of the application for this grant.
0 Mr. Bednarz reviewed the information with the Council.
Councilmember Jacobson asked what the status is of the Advisory Commission. Mr. Bednarz stated
they are advising against applying for the application because they want to spend a little more time
looking at sites that would be suitable for purchase throughout the City.
Councilmember Trude wondered if they should focus within the yellow area and look at the fact that
they could get a matching grant. They are looking at doubling what they can buy and possibly afford
a little more to acquire more than just sod farms. Mr. Bednarz thought there was some logic and
realization that they will need to come to at some point regarding actual costs.
Councilmember Orttel thought they should wait until next year to apply for this grant.
Motion by Jacobson, Seconded by Knight, to open the public hearing at 8:04 p.m. Motion carried
unanimously.
Councilmember Trude inquired when the commission looked at the outlines in the yellow of Section
11, was it the general consensus of the Commission to stay within that area offocus? Mr. Deuschle
stated the Commission was charged with examining and then prioritizing the areas that are most
critical resources which are most likely to be impacted with development, along with looking at the
fiscal responsibility of spending the money wisely while trying to get as much as they can for it. He
0 stated when they tried to look at this from a natural resource perspective the area that is within the
yellow boundary is some of the more critical resources. There is a very large parcel that is wooded
and part of what they are looking at is a parcel within this one that may be a possibility to purchase;
however, it is surrounded by another parcel which the owners do not want to sell at this point. He
stated they would be purchasing a landlocked parcel assuming they received the grant and everything
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 7
fell into place.
Mr. Deuschle stated part of the reason they are recommending against going ahead with the grant
application is they believe with more time they may be able to negotiate a better price or adjacent
parcels for connectivity. They are opposed to the parcels identified as 1,2 or 3 since by themselves
they do not have as much value as if they were part or adjacent to a larger parcel. He was not sure
that is the way they want to do their first purchase. He stated they are really responding to a
timeline rather than what may be in the best interest of the Commission and the City.
Councilmember Jacobson asked if parcels 1, 2 and 3 were selected to proceed and they received the
grant, what would they do with the parcels. Mr. Deuschle stated if something like that were to
happen they would probably need to try t<? get the parcel to fit their criteria for open space.
Councilmember Knight asked how the Commission is going about discussing access to landlocked
parcels. Mr. Deuschle stated part of it is because it is public money; they would like to have the
public be able to access any of the purchased properties.
0 Councilmember Orttel asked what the Commission's thoughts were concerning this. Mr. Deuschle
stated they will be applying for a planning grant soon for funding to evaluate citywide properties
along with designating corridors within the City.
Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:15 p.m. Motion carried
unanimously.
Motion by Jacobson, Seconded by Knight, to decline to proceed for a grant application on Section 11
in Andover as seen on the attached map. Motion carried unanimously.
CONSIDER CONDITIONAL USE PERMIT/ON SALE WINE & BEER/BEEF O'BRADY'S
FAMILY SPORTS PUB/15190 BLUEBIRD STREET NW
Mr. Neumeister explained the applicants are requesting a Conditional Use Permit (CUP) for on-
site liquor sales at a new restaurant in the Andover Clocktower Commons shopping center.
Mr. Neumeister reviewed the information with the Council.
Councilmember Jacobson asked if the parking is adequate for the size. Mr. Neumeister indicated
it is.
0 Motion by Orttel, Seconded by Knight, to approve the proposed Conditional Use Permit. Motion
carried unanimously. (RES. R022-08)
CONSIDER ON-SALE WINE & BEER LICENSE/BEEF '0' BRADY'SFAMILY SPORTS
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 8
PUB/15190 BLUEBIRD STREET NW
City Administrator Dickinson stated Z-Bros., Inc. has applied for an on-sale wine and beer
license for a family sports pub (Beef '0' Brady's) to be located at 15190 Bluebird Street NW.
Motion by Jacobson, Seconded by Knight, to approve the on-sale wine and beer license for Z-
Bros., dba Beef '0' Brady's, contingent upon a favorable report from the Sheriff and receipt of a
certificate of insurance. Motion carried unanimously.
Mr. Tony Zies, 15798 Crane Street, explained the concept of the Sports Pub to the Council.
CONSIDER CONDITIONAL USE PERMITILINDER'S FLOWER MART/2218 BUNKER
LAKEBOULEVARDNW
Mr. Neumeister explained Linder's Greenhouse & Garden Center has come forward with a
request to locate a "Flower Mart" temporary greenhouse in the parking lot of Festival Foods in
0 Andover Station. The operation would run from April through July and require a Conditional
Use Permit.
Mr. Neumeister reviewed the information with the Council.
Motion by Knight, Seconded by Trude, to approve the Conditional Use Permit application and
apply appropriate conditions changing Item 2 deleting the words "of each year.", subject to
annual Council review.
Councilmember Trude asked if they need to move the location closer to the vacant building for
water hookup. She thought they need to work with them to make sure they get the required water
supply. Mr. Neumeister stated that question came up at the EDA meeting and it was indicated
that they would tap into the irrigation system in the outer edge of the parking lot.
Councilmember Jacobson stated he would like to amend Item 2 in the Resolution under Now
Therefore be it Resolved; it reads "The flower market operations shall operate only between
April 1 and July 31 st of each year." He thought they should delete the words "of each year"
because if it is left in it is giving them a multi-year CUP and he thought they should come in
every year because conditions may change.
Councilmembers Trude and Knight accepted the amendment to the motion.
0 Motion carried unanimously. (RES. R023-08)
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 9
CONSIDER APPOINTMENTS/COON CREEK WATERSHED DISTRICT VACANCIES
Mr. Berkowitz explained this item is in regard to recommending to the Anoka County Board of
Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed
District.
Mr. Berkowitz reviewed the information with the Council.
Motion by Trude, Seconded by Orttel, to submit a letter in support of Joseph Marvin to serve as a
manager on the Coon Creek Watershed District. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting for April!, 2008 at 6:00
p.m. Motion carried unanimously.
0 SCHEDULE APRIL WORKSHOP
Motion by Jacobson, Seconded by Knight, to schedule a Council Workshop on Tuesday, April
22, 2008 at 6:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the Administration and City department
activities, meeting reminders, legislative topics and miscellaneous projects.
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 (April 1 0, 2008 Meeting) - Councilmember Jacobson stated at their last meeting they authorized
the meeting with the Lower Rum River Water Management Organization for Thursday, April
10th and indicated the meeting would start at 7:00 p.m. The notice they received indicates they
will be providing a dinner at 6:00 p.m. He wondered if they should be posting that as a 6:00
instead of a 7:00 meeting. Mr. Dickinson stated he would be posting that as a meetirig starting at
0 Regular Andover City Council Meeting
Minutes - March 18, 2008
Page 10
6:00 p.m.
(Hanson Interchange Construction Plans for 2008) - Mayor Gamache asked what the plans were
for the Hanson interchange this summer. Mr. Berkowitz stated the County will start gearing up
for work in April to begin. They have not committed to an earlier completion date than
November. They are anticipating the signal at Jay Street and Hanson Blvd. to be completed
within the July to August timeframe.
The City Council recessed to the Closed Session at 8:42 p.m.
The City Council reconvened to the Regular Council Meeting at 9:00 p.m.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:00 p.m.
Respectfully submitted,
0 Susan Osbeck, Recording Secretary
0