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HomeMy WebLinkAboutCC November 18, 2008 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, November 18,2008 Call to Order-7:00 p.m. - Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/28/08 Workshop; 11/5/08 Regular Meeting) ) Consent Items 2. Approve Payment of Claims - Finance 3. Approve 2009 Tri-City GIS Contract - Engineering 4. Approve Surplus Equipment Sales - Public Works 5. Accept Donation of Trees//Russ Schmeichel- Finance 6. Approve Raffle Permit Application/Benefit for the Family of Natash a Waalen -Administration 7. Approve Health Insurance Renewal and Employer Contribution - Administration 8. Approve LMCIT Liability Coverage - Administration 0 9. Approve Personnel Policy Change - Administration 10. Consider Closing City Offices the Day After Christmas - Administration 10 a. Approve Assessment RolVImprovement Project 08-25 - Planning Discussion Items 11. Anoka County Sheriff s Department Monthly Report - Sheriff 12. Public Hearing: Amend Zoning Code/Add Subordinate Classroom Structures - Planning 13. Consider On-Sale Intoxicating and Sunday Liquor License/ Beef 0 , Bradys - Administration 14. Discuss Outdoor Parties/Events - Administration Staff Items 15. Schedule EDA Meeting -Administration 16. Administrator's Report - Administration Mayor/Council Input Closed Session - Public Works Union Contract Negotiations - Administrator Adjournment 0 0 REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 18, 2008 MINUTES The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike Gamache, November 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 Administrator, Jim Dickinson Community Development Director, Will Neumeister Fire Chief Dan Winkel Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add Item lOb, (Approve Change Order Number One, Extension of Substantial Completion Date, 07- 48, Tower Number 2) and Item lOc (Acknowledgement of Resignation of Chris Vrchota, Associate Planner). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion . carried unanimously. APPROVAL OF MINUTES 0 October 28, 2008, Workshop Meeting: Correct as written. Motion by Orttel, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 2 November 5, 2008, Regular Meeting: Correct as amended. Councilmember Trude stated on page three, line six they were talking about the recount and what she had said was what she had seen was a hand recount of all the ballots and then it should end with a period. Someone else had talked about the ballots being fed into a machine so she wanted it deleted. Councilmember Trude stated on page four, line 21, the PIN for the sprinkler house should have "PIN" all caps because it stands for "Property Identification Number". Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve 2009 Tri-City GIS Contract 0 Item 4 Approve Surplus Equipment Sales Item 5 Accept Donation of Trees /Russ Schmeichel (See Resolution R085-08) Item 6 Approve Raffle Permit Application/Benefit for the Family of Natash a Waalen Item 7 Approve Health Insurance Renewal and Employer Contribution Item 8 Approve LMCIT Liability Coverage Item 9 Approve Personnel Policy Change Item 10 Consider Closing City Offices the Day after Christmas Item lOa Approve Assessment Roll/Improvement Project 08-25 (See Resolution R086-08) Item lOb Approve Change Order Number One, Extension of Substantial Completion Date, 07-48, Tower Number 2. (See Resolution R087-08) Item 10c Acknowledgement of Resignation of Chris Vrchota, Associate Planner Motion by Jacobson, Seconded by Orttel, approval ofthe Consent Agenda as read. Motion carried unanimously. RECElVEANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Tom Wells, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. 0 PUBLIC HEARING: AMEND ZONING CODE/ADD SUBORDINATE CLASSROOM STRUCTURES Mr. Neumeister stated the Council discussed and approved a time extension for Andover Christian 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 3 Church's portable classrooms on August 19, 2008. Staff was directed to study the issue of how the code allows these and if the code needed to be changed to make it clearer on how they are treated. That information was reviewed and discussed at length at the September 16, 2008 Council meeting. No conclusion was reached that evening and the following week staff met with the City Attorney to put together a new recommendation on what needed changing. Mr. Neumeister reviewed the information with the Council. Councilmember Trude asked if they put the classrooms on a permitted use do they forgo the public hearing. Mr. Neumeister stated there would not be a conditional use permit needed. Councilmember Trude stated she would like to keep the public hearing for these types of structures and wondered if others felt the same way. . Councilmember Orttel stated they are currently permitted by CUP and this takes it out of that and where he had problems with it in regard to the Conditional Use was the timing. He did not have a problem with the neighbors giving their comments on where they are placed. 0 Councilmember Orttel stated another issue he has is making sure they meet all State Codes and are regularly inspected for fire safety. Councilmember Jacobson stated he talked with Mr. Dickinson about that earlier and was told it was covered under Building and Fire Codes. Councilmember Jacobson stated the high school was able to put in temporary structures without authorization because they are a school so the new language is allowing placement of temporary structures in school settings to be permitted. Councilmember Trude stated she would still like to have a public hearing because she thought it is helpful for the Council to be involved in the decision. She stated it has been brought to her attention that the structures can last longer than they are supposed to if maintained well. That was the question she was asking when they talked about this because once they are up they are permanently there and do they have a public safety issue or not. Councilmember Jacobson stated inspections are covered under another area in the fire code so they could go in and inspect them when needed. Fire Chief Dan Winkel stated there would be fire and life safety issues they would look at. They would not be as involved if there was remodeling because then it would be both building and fire codes that would have to be met. He stated generally they would be looking at exiting, fire lanes, the alarm systems, making sure they are sprinkled properly and tested regularly. Councilmember Trude asked if there were issues with the air conditioning or heating systems that created air quality issues that would not be a fire safety issue. Fire Chief Winkel stated that would not be but if they are aware of that as they do their inspection they would pass it on to the Building Department. Councilmember Jacobson asked ifthey wanted to take the word "Church" out ofthe ordinance they 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 4 have before them. That would allow temporary classrooms at schools or churches that have schools. If they have a church that does not have a school, they would still need to come in for a CUP. Councilmember Orttel thought they could put that in the next sentence. "Churches without a school would be subject to a Conditional Use Permit (CUP) related to the location in the site plan." Councilmember Jacobson indicated that if it was not a permitted use they would still have to come in for a CUP. The Council discussed with staff and the City Attorney the wording in the ordinance regarding churches. Councilmember Trude felt that the concerns ofthe neighborhood would be addressed ifthey keptthe public hearing. She thought schools generally have more acres and are not as close to residential homes. City Attorney Baumgartner thought the definition of the school was taken care of by acknowledging the principal use and recognizing the subordinate use. When they talk about the principal use, the 0 principal use ofthat land is either a church or school. That is why they have chosen the subordinate use for the temporary structure, getting away from the temporary. That by and of itself further limits where the structure can be placed. It has to be either on land that is primarily used for a school or land that is primarily used for a church so they can get away from the possibility of commercial and home schooling situations. Councilmember Jacobson thought that was the question. The land that is primarily used for a church and not used for a school of any sort, they want to have public input. Councilmember Orttel asked what about a licensed daycare school, can they have subordinate classroom structures. The Council did not know but did not think that was the intent. Motion by Trude, Seconded by Orttel, to open the public hearing. Motion carried unanimously. No one wished to address the Council. Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Orttel, Seconded by Jacobson, to send this item back to staff to rewrite and exclude church from the permitted use so they require a Conditional Use Permit for a subordinate structure. Motion carried unanimously. 0 Councilmember Trude asked the issue with the time line, should they let this go to fire safety and not have these showing up every three to five years. Councilmember Orttel stated that was what he was thinking. Councilmember Trude stated she still had a problem with Fire Code Regulations and inspections. She thought there is still some confusion about whether the Building Department has any role at all. 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 5 She thought they had enough regulation and have a couple of different ways of addressing things if they come up. Fire Chief Winkel indicated they try to inspect the sites every other year. Councilmember Trude wondered if they are going to get rid of time limits. Councilmember J aco bson stated if the changes are made and a note sent out by the City indicating the change would be sufficient. Councilmember Trude asked if there will still be a timeline if still under the CUP. Councilmember Jacobson stated if the building were still under a CUP nothing would change and there would still be timelines and public hearings. Mayor Gamache agreed. Councilmember Trude thought the issue is how often the Council wanted the buildings lo.oked at and reviewed. She wondered if they should review them every five years. Councilmember Orttel wondered why they needed to do anything if they have a thirty-year life span. Councilmember Jacobson stated they could review them every five or ten years if they wanted. They could put a time limit on it when the CUP is issued. The Council discussed with staff possible time lines for buildings under Conditional Use Permits. 0 Councilmember Orttel rescinded his motion. Councilmember Jacobson seconded. Councilmember Orttel thought they should take out the word "or church structure" :from the ordinance. Councilmember Jacobson thought they should only take out the words "or church". Councilmember Orttel thought if they changed the second sentence to read "or church structure as the principal use for the purposes of either licensed K-12 classroom instruction or office use associated with the principal use." Councilmember Trude thought that would only apply to schools that are Monday through Friday only. Councilmember Jacobson thought some schools only had K-8 so the wording would not work. Councilmember Trude indicated she had a problem with that because any of the local churches that did not want to have a time limit placed on them could indicate they were doing kindergarten. Councilmember Jacobson thought this should go back to staff for changes. The Council reviewed the wording in the ordinance and decided to have staff make changes before approval. Motion by Jacobson, Seconded by Orttel, to send this item back to staff and the City Attorney for rewording of the ordinance. Councilmember Orttel thought the original goal of this was to treat public schools and church schools the same but churches that have classrooms for their bible school or for their regular church classes would have to come and get a CUP. The Council agreed. City Attorney Baumgartner reviewed the changes the Council discussed and wanted changed in the ordinance. 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 6 Motion carried unanimously. CONSIDER ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE/BEEF O'BRADYS Mr. Dickinson explained Z. Bros. Inc. dba BeefO'Brady's has applied for an on-sale intoxicating and Sunday liquor license for a restaurant located at 15190 Bluebird Street NW, Suite 114. The restaurant seating capacity is 127. City Code requires seating for at least 100 persons in order to have on-sale liquor with a restaurant. The Sheriff s Office has completed their background investigation. The appropriate fees have been paid. Motion by Jacobson, Seconded by Knight, to approve the on-sale intoxicating and Sunday liquor license for Z Bros. Inc. dba Beef 0 'Brady's located at 15190 Bluebird Street, Suite 114. Motion carried unanimously. DISCUSS OUTDOOR PARTIES/EVENTS Mr. Dickinson stated in response to resident complaints regarding outdoor concert events, the Council discussed at a workshop the merits of approving outdoor parties/events, in particular where the extension of a liquor license is requested. Mr. Dickinson stated over the past year two businesses have had these events. Those being Pov's Sports Bar. and Tanners Station. Pov's held one weekend event. Tanners held three weekend events. During each of those events we had some resident complaints. Each time the restaurant owners have been responsive working with staff. For the most part this is coming back to Council again to discuss the merits of these events going forward. One item that came out of the September Workshop was how these events should be set up. Staff is going to be updating a current application process which would include a schematic of the event, how the bar will be set up and tents to mitigate the sound. If a tent is set up it will be reviewed by staff. At this point the restaurant owners are at the point where they need to book the bands for these events. The question is how the Council would like to proceed on the number of events that will be allowed for the coming year. Councilmember Ortiel thought a tent would reduce the noise so could they make this as a requirement. Mayor Gamache stated the problem with POV's is they do not have a stage out in the ballfield so it is not confined to a tent, it is much larger. He noted a tent was placed over the band but not over the audience. Councilmember Knight wondered what would be a reasonable number of outdoor concerts. Councilmembers Jacobson and Trude thought one night a year per bar would be good since it affects a lot of residents peace and quiet. 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 7 Councilmember Trude thought it made sense to limit the number and set up of outdoor concerts per establishment before an event, rather than getting after the establishments for the noise after the fact. The Council discussed what they thought was reasonable for events per establishment based on the number of establishments they have in the City. It was noted that a permit would be required for all events whether there is liquor or not. Councilmember Orttel stated right now we all we are doing is expanding the liquor license. In order to get the liquor expansion they would need to provide a sound mitigation plan. He would rather limit this to only establishments with liquor. Mayor Gamache stated his concern is that last year the events ran from May through September and he wondered ifthey should limit it to June through August. He did not want to have an event every weekend during the summer either. Councilmember Knight suggested they limit it to summer months. Fire Chief Winkel thought the problem would be solved ifthe establishments shut the music down 0 earlier. Councilmember Orttel thought they should allow one event per business and then if they want to have a charitable event they can come before the Council for special approval. The Council continued to discuss the number of events that should be allowed in the City each year. Mr. Dickinson summarized what the Council discussed and wanted changed. The first item to change is to limit the events to June, July and August; end at midnight; and limit one per establishment, and not allowing establishments to transfer unused event opportunities. Councilmember Trude wanted this limited to the General Business District. The Council agreed. Councilmember Knight thought they should state "No more than one event per night in the City". Mayor Gamache indicated he would agree to have an event once a month and not consecutive weekends so he would like to see the establishments decide between themselves the dates. Mayor Gamache stated when they are talking events they are talking Friday and Saturday night as one event. The Council agreed. Mayor Gamache stated they will allow one weekend event per establishment, not allowin~ the same weekend for two events. Councilmember Orttel indicated this will only pertain to full liquor licensed establishments in the General Business District. Mayor Gamache indicated it would be limited to June, July and August. Councilmember Trude thought they should try this for one season and then discuss how it went in the fall 2009 with the establishments and neighbors. Mr. Dickinson stated he would like to send a letter to the establishments indicating what the City is 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 8 going to do. The Council agreed. SCHEDULE EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the December 2,2008 City Council meeting. Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on Decemb~r 2, 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, Local Board of Appeal and Equalization Training reminder, Hanson Boulevard NW Project update and miscellaneous projects. 0 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. Councilmember Trude wondered if they could review their towllhome association agreements and have some kind of ordinance indicating that association members are entitled to view any charges that could potentially be assessed against them individually as a member of the association. She wondered if they could include that in the association documents and seek an amendment ofthe ones that are out there so they do not have this situation come up again. Mr. Dickinson did not think this needed to be an ordinance but could be a model language for insertion into their documents. He stated he would seek the advice of the City Attorney for some language in regard to this because of the Data Privacy Act. MAYOR/COUNCIL INPUT (Local Election Information) - Councilmember Trude stated in regard to the local election and recount she wanted to have people be assured that the machines Anoka County uses have a dedicated fax line so there is no issue of misread counts. (Thin Ice Reminder to Residents) - Mayor Gamache reminded people about staying off and keeping kids off of lakes and ponds because the ice is still really thin. The Council recessed to a closed session at 8:55 p.m. to discuss Public Works Union negotiations. 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 9 The Council reconvened the meeting at 9: 19 p.m. no decisions were made from the closed session. Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:20 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 -- 0 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 18, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ............. ........... ............... ........ ............. ....................... ...................... 1 RESIDENT FORUM ............ ...... ......... ....... ......... ........ ... .... .......... ..... ........... ..... .......... ............ ....... 1 AGENDA APPROV AL.. ... .... ... .................. ...... ..... ........... ... ............ .... ... ...... ......... ......................... 1 APPROV AL OF MINUTES.. ................. .......... ..... .......... ........ ............. .............. ............ ................ 1 CONSENT ITEMS .......... ............. ...... ...... .............. ... ..... .... ....... ..... ... ....... ... ............. .......... ..... ....... 2 Approval of Claims..................................................................................................................... 2 Approve 2009 Tri-City GIS Contract ......... .......................... ...................................................... 2 Approve Surplus Equipment Sales... ...... ................ ....... ............................... ..... ......... ................ 2 Resolution R085-08 accepting Donation of Trees/Russ Schmeichel......................................... 2 Approve Raffle Permit Application/Benefit for th~ Family of Natash a Waalen ........................2 Approve Health Insurance Renewal and Employer Contribution............................................... 2 Approve LMCIT Liability Coverage ............ ................... ..... ............... ..... ............. ........ ............. 2 Approve Personnel Policy Change... ....... ...... ..... ....... ................ .... ...... .... ........ ... ............... .......... 2 Consider Closing City Offices the Day After Christmas ............................................................ 2 Resolution R086-08 approving Assessment Roll/Improvement Project 08-25.......................... 2 Approve Change Order Number One, Extension of Substantial Completion Date, 07-48, Tower Number 2. Resolution R087 -08.......... ........ .... ............. ................ ......... ...................... 2 Acknowledgement of Resignation of Chris Vrchota, Associate Planner ................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT..................... 2 PUBLIC HEARING: AMEND ZONING CODE/ADD SUBORDINATE CLASSROOM STRUCTURES.......................................................................................................................... . 2 CONSIDER ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSEIBEEF o 'BRAD YS ....................................................................................................:............................ 6 DISCUSS OUTDOORP AR TIES/EVENTS .......... ........ ................. .......... ............... .......... ..... ....... 6 SCHEDULE EDA MEETING.. ................ ............ ..... .......... ....... ..... ................ ......... ............... ....... 8 ADMINISTRATOR REPORT....................................................................................................... 8 MA YORlCOUNCIL INPUT .................... .......... ...................... ..... ..... .......... ..... ....... ................ ...... 8 Local Election ,Information. ........................................................................................................ 8 Thin Ice Reminder to Residents ...... ...... ........ ..... ....... ..... ....... .................. .................................... 8 ADJOURNMENT........................................................................................................................... 9 .