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HomeMy WebLinkAboutCC - October 5, 2010 C I T Y o F 0 NDOVE 1685 CROSSTOWN ElOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 5, 20 I 0 Call to Order -7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/21/10 Regular; ) Consent Items 2. Approve Payment of Claims - Finance 3. Adopt Resolution/Appointing Election Judges for the General Election - Administration 4. ~onsider Off-Sale 3.2% Malt Liquor License & Tobacco License/Kwik Trip - Administration Discussion Items 5. Declare Costs, Order Assessment Roll & Schedule Public Hearing for 20 I 0 Delinquent Utility Fees & 0 Fines - Administration 6. Consider Park Commission Recommendation/Public Works Campus Rinks Project 7. Discuss Setback from Schools & Churches for Liquor Licensing Requirements - Planning Staff Items 8. Schedule October EDA Meeting - Administration 9. Administrator's Report - Administration Mayor/Council Input Closed Session: Pitrnan- Special Assessment Appeal- PIN# 03-32-24-34-0007 Adjournment 0 I 0 N6oVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755'8923 0 WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 5, 2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 5, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight and Julie Trude Councilmember absent: None Also present: Director of Public Works/City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Councilmember Jacobson stated he would like to delete Item 4 from the agenda since they have not received the Sheriffs check yet. Councilmember Trude stated they could approve this pending a favorable outcome. Councilmember Jacobson noted the applicant has marked he has been guilty of a felony involving liquor. Mr. Dickinson stated as a caveat that this does not necessarily mean a felony, it could be a felony, and this could mean any violation of any State, Local Code Ordinance also. He stated this is an all encompassing check, but he stressed checking the box cover a very broad area. Councilmember Trude thought it should be a policy that they do not bring these forward without having a background check completed. Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. 0 APPROVAL OF MINUTES September 21, 2010, Regular Meeting: Correct as amended. 0 Regular Andover City Council Meeting Minutes - October 5,2010 Page 2 There were no changes. Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Adopt Resolution/Appointing Election Judges for the General Election (See Resolution R079-1 0) Motion by Trude, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. DECLARE COSTS, ORDER ASSESSMENT ROLL & SCHEDULE PUBLIC HEARING FOR 2010 DELINQUENT UTILITY FEES & FINES 0 Mr. Dickinson explained City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. The assessment procedures directed by State Statute 429 are being followed in preparing notice of and preparation for a public hearing to act upon the proposed assessment. Mr. Dickinson reviewed the information with the Council. Councilmember Knight asked if the debts are made by renters and are not paid, is the owner responsible for payment. Mr. Dickinson stated if the renters do not pay them and they are delinquent at time ofthe cut off dates, they would be assessed to the underlying property owners. Motion by Jacobson, Seconded by Trude, to approve the attached resolution declaring costs and ordering the assessment roll for the purpose of celiifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees and to approve the attached resolution scheduling a public hearing for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. Motion carried unanimously. (See Resolution R080-1 0) 0 CONSIDER PARK COMMISSION RECOMMENDATION/PUBLIC WORKS CAMPUS RINKS PROJECT Mr. Berkowitz explained the City Council is requested to consider the Park and Recreation 0 Regular Andover City Council Meeting Minutes - October 5, 2010 Page 3 Commissions recommendation to allocat funds from the Park Improvement Fund to assist in the completion of the Public Works campus rinks warming house. Mr. Berkowitz reviewed the information with the Council. Councilmember Jacobson asked how the proposed donation of $12,000 will be coming in. Mr. Dickinson reviewed the process with the Council. He noted the labor for the concrete slab will be the donation. Councilmember Jacobson thought there would not be a donation but the person would not profit from this. Mr. Dickinson explained how the donation of$12,000 would come about. Councilmember Bukkila asked if the $12,000 will be subtracted from the skateboard park budget total amount. Mr. Dickinson stated the total amount will be in equivalency costs, there will still be a firm $70,000 but if the donation is $12,000 the actual cash paid out will be less, the actual amount paid out will be $58,000 for the skate park if a $12,000 donation is received. Councilmember Trude thought the budget amount should be reflected more accurately once the 0 concrete is poured so the Parks Commission does not think there is more out there to spend than what they have budgeted. The Council discussed with staff the skate park budget and how it should be reflected to the Park Commission. Councilmember Bukkila asked how the City contributed to the work effort of the hockey rinks. Mr. Berkowitz reviewed the layout with the Council and explained the City did the fine grading, provided and placed the class five in the driveway entrance and parking area. They also fine graded both hockey rinks, free skate, placed class five in both rinks and also seeded. Councilmember Bukkila asked if the City did the full grading at other parks. Mr. Berkowitz noted at Hawkridge Park the City did full grading to get it ready in time. Motion by Jacobson, Seconded by Trude, to concur with the Park Commission on the recommendation for the skate board park per the discussion section of agenda number 6. Councilmember Knight asked if staff could review the information again. Mr. Berkowitz reviewed the information. Councilmember Bukkila asked if hockey paid the City anything for any of the work that was done. Mr. Berkowitz stated the Hockey Association did put up a cash escrow that has been used. 0 Councilmember Jacobson stated the Hockey Association paid for the lumber, erection ofthe two rinks, the base for the warming house and putting up the warming house and when completed it will become City property and is a huge donation by the Hockey Association to the City. Mr. Berkowitz stated the Hockey Association is also donating the lighting. ~ , 0 Regular Andover City Council Meeting Minutes - October 5, 2010 Page 4 Councilmember Bukkila asked if for some reason they were able to donate more, would they be able to exceed the $35,000 for that situation. Mr. Berkowitz stated $35,000 is the max as directed through the Park and Recreation Commission. Mr. Dickinson stated if there was a donation outside of the concrete slab the City would consider it. Councilmember Bukkila stated when this began the City was hoping the Hockey Association would not come to them for money because at that time the City did not have any money and now they are at the point where there is some money in the budget and it seems like the major benefit to the community is they are able to wrap up two projects at once and if it was not for that she would not be in favor of this. Motion carried unanimously. DISCUSS SETBACK FROM SCHOOLS & CHURCHES FOR LIQUOR LICENSING REQUIREMENTS Mr. Bednarz explained a potential new business contacted staff about locating a restaurant with a 0 full menu including liquor in a vacant restaurant building. It was determined that the city's requirements did not allow a liquor license to be issued. Mr. Bednarz reviewed the information with the Council. Councilmember Jacobson stated just changing the dimensional standards does not solve the issue because you have to go to the zoning issue. It is more than an issue in the southwest area of the City; it is an issue for the entire City. If they are not going to change the zoning, there is no sense in changing the dimensional issue. Councilmember Trude stated this has come up multiple times with shopping center tenants and she is frustrated that someone who becomes a tenant in the shopping center then can control anybody else who could potentially be a client in there and to her that is a zoning issue first and if they do not want a preschool, school or church to determine who can have liquor in a strip mall it really limits the potential tenants of a shopping center. She asked if a shopping center zoning can override the use that is in there or do they strictly look at the use. City Attorney Baumgrniner thought it depended on what they wanted in there, one will control the other and if the Council is in agreement that they cannot coincide side by side then the question becomes if it is a matter of who is there first or does the Council want to take control before anyone comes in and they determine what they want to see there. He thought it might be down to the determination of what is appropriate for that particular use or what use is more 0 appropriate for that area. Councilmember Jacobson stated he could see some starter churches and daycare centers going into strip malls which would have a negative effect on everything as far as liquor licensing. -- , 0 Regular Andover City Council Meeting Minutes - October 5, 2010 Page 5 Councilmember Jacobson did not understand why a liquor store could not be by a school. He understood the reason for a liquor store being next to a church. He wondered what the reason was for this code. Mayor Gamache stated they have a couple of commercial areas in town that have been going through hard times and he would like to see fewer regulations because he thought it would help business. He thought the thousand feet restriction was excessive. Councilmember Trude noted she has lived in other cities and has seen some of the issues come up because they have more business districts. She thought an issue with having a liquor store by a daycare or school is that some people that go in to purchase are already inebriated and people do not feel that children should see this. Another issue is that people who are of the age that can purchase alcohol will purchase it and then pass it off to people who are not of the age. She sees this as a zoning issue and if it is zoned for commercial and business then the liquor license does allow them to look at some of these things. She would not do a big change without public input. Councilmember Jacobson thought this should go before the Planning and Zoning Commission for a public hearing and review to get their recommendation to bring back to the City Council. 0 Councilmember Bukkila agreed. Mayor Gamache did think they needed to go back to the Planning and Zoning Commission but thought they should get some Council guidance. He stated he would be in favor of changing the zoning district for liquor licenses in the neighborhood business areas for restaurants. He stated the shopping center district is not bad for restaurants since they are usually on busy corners and he would reduce the distance to be the same as churches. Councilmember Knight asked what the magic number is. Councilmember Bukkila stated if someone wants liquor bad enough they will drive anywhere to get it. Councilmember Trude stated there are policy reasons to have these areas separated and she thought the public was concerned about people who consume a lot of alcohol being near children or activities where children are at. She thought the thousand foot distance was because of the size of the lots and other cities are at 400 feet. She wondered if they should allow liquor in the shopping center districts and then it is a "tenant beware" situation for a church or school to lease at a shopping center because they choose to go into a location. Councilmember Knight asked if a liquor store was in a shopping center and a school came in would the liquor store have to leave. City Attorney Baumgartner stated they would not since the liquor store was there first and the school chose to come in after the liquor store was in there. It would be different if a school was there first. 0 Mayor Gamache thought they needed to look at their neighborhood business areas as being suitable with a CUP for the on-sale liquor and he would also be in favor of looking at reducing the one thousand foot limit and basing it more on the distance that they have for churches. ~~-- - -- 0 Regular Andover City Council Meeting Minutes - October 5,2010 Page 6 Councilmember Trude wondered what the City Attorney thought about the distance between churches and schools and the package stores and what the legislative intent was. City Attorney Baumgartner thought it was more perception than anything else. Councilmember Jacobson stated the last couple legislative sessions have had discussion regarding allowing grocery stores to sell liquor and how would that affect them. City Attorney Baumgartner stated it would change things and they would have to allow it but they could regulate it to an extent. Motion by Jacobson, Seconded by Bukkila, to remand this to the Planning and Zoning Commission to hold a public hearing, sending the minutes of this item to them for review. Councilmember Trude asked if the Planning Commission should look at the distance and zoning. Councilmember Jacobson stated that is what he wanted them to look at also. Councilmember Trude stated her goal would be able to recruit more restaurants that could have an on-sale license. She would not want to encourage more off-sale locations. 0 Councilmember Jacobson stated he wanted to make sure that if something is done it will not degrade the area or areas around it. Councilmember Trude stated the whole issue of tenants in a shopping center being able to control the use troubles her and if they have an area that is strip mall zoned that would normally allow a restaurant serving liquor would not be allowed if a church or school were in there. Motion carried unanimously. SCHEDULE OCTOBER EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the October 19, 2010 City Council meeting. Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting at 6:00 p.m. before the October 19,2010 Council meeting. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department 0 activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT 0 Regular Andover City Council Meeting Minutes - October 5, 2010 Page 7 (Park Signs) - Councilmember Trude stated she drove up to the Martin Meadows site and they have the park rules posted and also signs that guide you through the property. She thought it was very nice. She thought they should have maps online to figure out distances, etc. Mr. Bednarz stated the Open Space Commission is going to go out to Martin Meadows with the former property owner to look at the site. He explained what they are planning on doing to the site over time. (Community Garden Plots) - Councilmember Jacobson stated this year they had some garden plots and he wondered if there were any complaints or suggestions from people and are they going to continue it next year and if so when can people sign up. Mr. Berkowitz stated they received two complaints, one was regarding spigots and the other complaint was there was foreign exotic plant growing out there and they took care of it. He stated the people who have already had a plot have until January to commit to another year and ifthere are any open they will be open to the public for rent. Councilmember Jacobson asked if they could open up more lots if needed. Mr. Berkowitz stated they could look at this after this coming year and if it is successful again they could look at expanding for the next growing season. 0 Councilmember Jacobson asked how they did monetarily. Mr. Berkowitz believed they collected approximately $2,800 and the City had around $3,000 in it so they figured it would take a couple of years to recoup costs. Councilmember Knight asked if the parking issue was resolved. Mr. Berkowitz stated he was not aware of one complaint registered about parking out there. The Council recessed at 8:20 p.m. to go into a Closed Session to discuss Special Assessment Appeal- Pitman - PIN # 03-32-24-34-0007 The Council reconvened at 8:50 p.m. to adjourn. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:51 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 , 0 Regular Andover City Council Meeting Minutes - October 5,2010 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 5, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENT ITEMS ......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Adopt Resolution/Appointing Election Judges for the General Election (See Resolution R079- 10) ......................................................................................................................................2 DECLARE COSTS, ORDER ASSESSMENT ROLL & SCHEDULE PUBLIC HEARING FOR 2010 DELINQUENT UTILITY FEES & FINES (See Resolution R080-10) ........................... 2 CONSIDER PARK COMMISSION RECOMMENDATION/PUBLIC WORKS CAMPUS RINKS PROJECT ..................................................................................... ................................. 2 DISCUSS SETBACK FROM SCHOOLS & CHURCHES FOR LIQUOR LICENSING REQUIREMENTS .....................................................................................................................4 0 SCHEDULE OCTOBER EDA MEETING .................................................................................... 6 ADMINISTRATOR REPORT .......................................................................................................6 MA YORlCOUNCIL INPUT ..........................................................................................................6 Park Signs................................................................................................................................... 7 Community Garden Plots........................................................................... ................................. 7 ADJOURNMENT........................................................................................................................... 7 0 -