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HomeMy WebLinkAboutCC April 5, 2005 :) C I T Y 0 F NDOVE 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 5, 2005 Call to Order - 7:00 p,m. Pledge of Allegiance Resident Forum 1. Mayor's Prayer Breakfast Report - Sheriff 2. Youth First Update - Sheriff Agenda Approval 3. Approval of Minutes (3/15/05 Regular; 3/15/05 Special) / '\ , ) Consent Items 4. Approve Payment of Claims - Finance 5. Accept Feasibility Report/Waive Public Hearing/Order & Approve Plans & Specs/Order Advertisement for Bids/04-32/Crosstown Boulevard NW & Xeon Street NW !Intersection Improvements - Engineering 6. Approve Plans & Specs/Order Advertisement for Bids/04-33/Crosstown Boulevard NW & 159th Avenue NW !Intersection Improvements - Engineering 7. Approve Plans & Specs/Order Advertisement for Bids/04-46/Hanson Boulevard Trail- Engineering 8. Award Bid/04-36/Lift Station #4 Improvements - Engineering 9. Award Bid/05-3/2005 Crack Sealing - Engineering 10. Amend Fee Ordinance - Engineering 11. Approve Change Order # 1 /04-13N eterans Memorial Boulevard NW - Engineering 12. Amend Dog Ordinance - Clerk 13. Approve 2005 Contribution! Anoka Aquatics Center - Engineering 14. Approve Transfer from the Community Center SRF (operations) to the Community Center Debt Service Fund - Finance 15. Approve Change Order # 4 & 5/Community Center - Administration 16. Approve Encroachment Agreement! Lot 8, Block 2 Bunker Lake Village - Planning Discussion Items 17. Public Hearing/Order Plans & Specs/05-2/2005 Overlays - Engineering 18. Public Hearing/V acation of Easement!835 146th Lane NW /Lou Sisson - Planning 19. Public Hearing/V acation of Easement!2350 1 49th Avenue NW/John Anderson - Planning 20. Consider Residential Sketch Plan/Southeast of Andover Blvd and Prairie Road - Planning 21. Consider Rezoning R-I to R-4/1341 161 st Ave NW/Birch Point Estates - Planning 22. Consider Preliminary Plat! 1 341 161st AvenuelBirch Point Estates - Planning 23. Consider Conditional Use Permit for On and Off Sale Liquor/Andover Clocktower Commons- Planning 24. Consider Liquor License Applicationffhe Shoppes at Andover Clocktower Commons - Clerk 25. Consider Lot Split!14351 Crosstown Boulevard - Planning 26. Award Bond Sales - Finance CJ Staff Items 27. Schedule City Council Workshop - Administration 28. Schedule EDA Meeting - Administration 29. Schedule EDA Interviews - Administration 30. Administrator Report - Administration Mayor/Council Input Adjournment C) / -, '-J r\ ,~J REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 5,2005 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE ................,. ............................. ...... ..... ......... ................. .................1 RESIDENT FORUM .........................................................,..................................."...................1 MAYOR'S PRAYER BREAKFAST REPORT ..........,.............................................................1 YOUTH FIRST UPDATE..... ...... ............................... .......... ......... ........... ....... ............. ..... ...... ...1 FIRE CHIEF BURNING AND FIRE UPDATE ........................................................................2 AGENDA APPROVAL ................................................,..................................,.........,.,............,3 APPROVAL OF MIN1JTES.....,.................................................................................................3 CONSENT ITEMS Approve Pa)'lI1ent of Claims ....... ......... .............................. ..................... ................... ...........3 Resolution R057-05 accepting Feasibility Report/Waive Public Hearing/Order & Approve Plans & Specs/Order Advertisement for Bids/04-32/Crostown Boulevard NW & Xeon Street NW!Intersection Improvements ...........................................................................3 Resolution R058-05 approving Plans & Specs/Order Advertisement for Bids/04-33/ Crosstown Boulevard NW & 159th Avenue NW/Intersection Improvements...............,.3 Resolution R059-05 approving Plans & Specs/Order Advertisement for Bids/04-46/ Hanson Boulevard Trail..........., ............ ........... ... ........ ............. ..... ..,........ ........ ............. ...4 Resolution R060-05 awarding Bid/04-36/Lift Station #4 Improvements.............................4 Resolution R061-05 awarding Bid/05-3/2005 Crack Sealing ..............................................4 Amend Fee Ordinance (Ord. No. 307)................................................,................................4 Resolution R062-05 approving Change Order #1!04-13Neterans Memorial Boulevard NW................................",..........................,.,.......".........................,.........,.........,............4 Approve Transfer from the Community Center SRF (operations) to the Community Center Debt Service Fund......... ........... ........................... ............... ...,...... .......... ....... .......4 Approve Change Order #4 & 5/Community Center .....,.....................................,.................4 Approve Encroachment Agreement/Lot 8, Block 2, Bunker Lake Village ..........................4 PUBLIC HEARING/ORDER PLANS & SPECS/05-2/2005 OVERLAYS Motion to open public hearing............................................,...........................................,......4 Motion to close public hearing .......................,......................................................................5 Motion to approve (Res. R063-05) .................................,.........................................,...........6 PUBLIC HEARINGN ACATION OF EASEMENT/835 146m LANE NW/LOU SISSON Motion to open public hearing..................................................................,............................6 Motion to close public hearing ..,...........................................................................................6 Motion to approve (Res. R064-05) ...................................................,...................................6 PUBLIC HEARINGN ACATION OF EASEMENT/2350 149m AVENUE NW/JOHN ANDERSON Motion to open public hearing............................................................................................... 7 Motion to close public hearing .........................................................,....................................7 Motion to approve (Res. R065-05).......................................................................................7 CONSIDER RESIDENTIAL SKETCH PLAN/SOUTHEAST OF ANDOVER BOULEVARD AND PRAIRIE ROAD ................................................................................7 ,--, \.J () C) 7 , Regular Andover City Council Meeting Minutes - April 5, 2005 Table of Contents Page ii CONSIDERREZONINGR-l TOR-4/1341161sT AVENUE NWIBIRCH POINT ESTATES Motion to approve (Ord. No. 308).........................................................................................8 CONSIDER PRELIMINARY PLAT/1341 161 ST A VENUEIBIRCH POINT ESTATES Motion to approve (Res. R066-05) ...,....,..............................................................................8 CONSIDER CONDITIONAL USE PERMIT FOR ON AND OFF SALE LIQUORI ANDOVER CLOCKTOWER COMMONS .......................................................................,.9 Motion to change ordinance ..................................................................................................11 Motion to approve resolution,...... .......... ..................... ......................... ........... .........,.. .... .......12 Motion to approve changes to resolution (Res. R067-05)....................................,...............13 CONSIDER LIQUOR LICENSE APPLICA TIONrrHE SHOPPES AT ANDOVER CLOCKTOWERCOMMONS Motion to approve...... .................... .... ...... ..,............................. .......... ............. .......... ......,......14 A WARD BOND SALES Motion to approve $3,560,000 bond sale (Res. R068-05)....................................................15 Motion to approve $650,000 bond sale (Res. R069-05)......................,................,.,.............15 CONSIDER LOT SPLIT/14351 CROSSTOWN BOULEVARD Motion to approve (Res. R070-05) ....,...............................................,..................................15 AMEND DOG ORDINANCE,................,...........................................,...................,..................16 APPROVE 2005 CONTRIBUTION/ANOKA AQUATICS CENTER Motion to approve........ ...... ..'.............. ... ............. ..,.............................. ................... .... ........ ...16 SCHEDULE CITY COUNCIL WORKSHOP ..............,.................................,..........................17 SCHEDULE EDA MEETING ...........................................,.......................................................17 SCHEDULE EDA INTERVIEWS ..............,............,.."..........,..................................................17 ADMINISTRATOR'S REPORT ...............................................................................................17 MA YORlCOUNCIL INPUT Mayor's Prayer Breakfast Thanks..................................................................,.......................17 Regional Treatment Facility Closed ......................,.....................................,.........................18 Railroad Issues.... .................. ......... ........... ....... ......... ....'... ........ ........... ............ .,... ....... ..........18 House on Andover Boulevard and the Rail Road Tracks ......,...............................................18 Liquor Ordinance Review ......................................................................................................18 City Golf Invitational............................. ......... .............................. ......................... ............... .18 Recycle Day...... ................................................. ........... ................... ........... ......................... ..18 Bill Regarding Busing in Hazardous Areas ..............,.....................................,......................18 Youth First Representatives ...................................................................................................18 ADJOURNMENT ............................,.........................................................................................19 -, ) , ') \J C I T Y 0 F NDOVE REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 5, 2005 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 5, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins Fire Chief, Dan Winkel City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Resident on Ibis Street. Andover - Stated they have a neighbor at 13472 Ibis Street who has had numerous cars parked in the driveway and street and garbage strewn allover. They called the police many times and nothing has been done. She stated the problem has been going on for awhile and has actually gotten worse. They were disappointed with the service from the Sheriff's Department. Mayor Gamache thinks the City needs to talk to Captain Jenkins regarding this. MAYOR'S PRAYER BREAKFAST REPORT Ms. Laura Landes, Crime Prevention Coordinator for Anoka County Sheriff, stated on March 18, 2005 the City of Andover hosted the Mayor's Prayer Breakfast. She thanked Mayor Gamache for getting the speaker for the breakfast. She thought the breakfast was wonderful and they had a terrific turnout. /\ YOUTH FIRST UPDATE U Ms. Tracy Warnberg-Lemm, Youth First Director, thanked Andover for hosting the prayer breakfast and she also wanted to thank them for appointing Laura Landes to their County Consortium Board. She brings a lot of energy and enthusiasm and is a great co-chair to the board ( \ \j Regular Andover City Council Meeting Minutes - April 5, 2005 Page 2 and has represented Andover very well. She stated they need to get two more representatives from Andover. Ms. Wamberg-Lemm stated a core group ofY outh First leaders has been meeting over the past few months to identify how they can be effective in their efforts to enhance the lives of the youth. They are adopting a framework for developing assets in youth from a national model known as "America's Promise." She stated their efforts will be two-fold; they want to educate and motivate the community to mobilize around the five promises and support sites of promise. She stated the five promises are based on extensive research and get to the heart of what youth need to lead successful lives. Ms. Wamberg-Lemm invited the community to the second annual "Taste of Community" event that will be held on Tuesday, Apri112, 2005 from 5:00 to 8:00 p.m. at Greenhaven Country Club, Councilmember Trude thought the first place to contact would be the staff at Oakview Middle School because they have been really successful with their programs and it shows there is a need for these activities. '.:.J Councilmember Knight stated they just appointed a Community Center oversight board and he wondered if one of them could be available to go to the meetings. Mr. Landes thought Tracy Wamber-Lemm would be the best person to attend. FIRE CHIEF BURNING AND FIRE UPDATE Fire Chief Winkel explained they are not allowing any burning and are not issuing any burning permits at this time. He thought this would probably last for at least six weeks but depended on how things greened up. Recreational fues are still allowed as long as the appropriate rules are followed but if in the next two weeks we do not get significant rainfall, they will probably ban all burning. He would appreciate everyone's help on this. Fire Chief Winkel stated they have a Fire Wise program where they work with the MN DNR. It teaches residents how to make the properties safer from wildfire. He stated it will properly teach how to clean the brush and anything else in the yard that may be a higher danger to fue. If anyone wants information on how they can personally help reduce the fire risk, please call the fue department or Kameron Kytonen at City Hall. Councilmember Trude stated that if anyone sees any fire in open areas, please call the fire department. /' '\ V Mayor Gamache congratulated Fire Chief Winkel on winning the Distinguished Service Award from the Minnesota Chapter of International Association of Fire Investigators. He noted Fire Chief Winkel has had a ten year association with this group and is one of the few Fire Chiefs that actually do the investigating. He stated Fire Chief Winkel has been instrumental in the Anoka :,J . ) '--.J r " \.J Regular Andover City Council Meeting Minutes - April 5, 2005 Page 3 County Fire Investigation team. Fire Chief Winkel stated he appreciates the compliments. Denise DeMars from the State Fire Marshall's office and he have formed two fire investigation teams. One team is in Ramsey County and the other in Anoka County. They are hoping to get a program going in Hennepin County soon. AGENDA APPROVAL Remove from Consent Items for discussion Items 12, (Amend Dog Ordinance); and Item 13 (Approve 2005 Contribution! Anoka Aquatics Center). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 15, 2005, Regular Meeting: Correct as amended. Councilmember Trude stated on March 15,2005, page 10, there was a discussion regarding a sketch plan for Sophie's South and she asked if a comment could be included. "Councilmember Trude stated that with 88 proposed homes, this plat should have two accesses provided to Crosstown even if one at Avocet is reserved for future use and for emergency access now". Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried unanimously. March 15, 2005, Special Meeting: Correct as written. Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 4 Item 5 Approval of Claims Accept Feasibility ReportlWaive Public Hearing/Order & Approve Plans & Specs/Order Advertisement for Bids/04-32/Crostown Boulevard NW & Xeon Street NWlIntersection Improvements (See Resolution R057-05) Approve Plans & Specs/Order Advertisement for Bids/04-33/Crosstown Boulevard NW & 1 59th Avenue NWlIntersection Improvements (See Resolution R058-05) Approve Plans & Specs/Order Advertisement for Bids/04-46/Hanson Boulevard Trail Item 6 Item 7 (j '~J , ') \.J Regular Andover City Council Meeting Minutes - April 5, 2005 Page 4 Item 8 Item 9 Item 10 Item 11 (See Resolution R059-05) Award Bid/04-36/Lift Station #4 Improvements (See Resolution R060-05) Award Bid/05-3/2005 Crack Sealing (See Resolution R061-05) Amend Fee Ordinance (Ord. No, 308) Approve Change Order # 1/04-13N eterans Memorial Boulevard NW (See Resolution R062-05) Approve Transfer from the Community Center SRF (operations) to the Community Center Debt Service Fund Approve Change Order #4 & 5/Community Center Approve Encroachment Agreement!Lot 8, Block 2, Bunker Lake Village Item 14 Item 15 Item 16 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as reac!. Motion carried unanimously. PUBLIC HEARING/ORDER PLANS & SPECS/05-2/2005 OVERLAYS City Engineer Berkowitz stated a feasibility report was previously prepared for this improvement and was submitted to the City Council at the March 1,2005 meeting. The project identified consists of milling the existing bituminous, shaping the gravel, constructing concrete curb and gutter and placing a new layer of bituminous for the above listed developments. This project is included in the City's CIP and has been initiated by the City, which requires a 4/5 vote from the City Council to proceed. The total project cost is estimated at $747,122,21. The city portion is estimated at $685,993.99 and the assessed cost would be $61,128.22. Mr. Berkowitz discussed the staff report with the City Council and presented the benefits of concrete curb and gutter. Motion by Jacobson, seconded by Trude, to open the public hearing at 7:35 p.m. Motion carried unanimously. Mr. Larry Whitman, 3736 17151 Circle Northwest, stated he will be affected by the overlay project this year. He has had the opportunity to visit every neighborhood and street in the City. He stated there is not any consistency with how the City has put in streets. He agreed with all of the benefits but did not understand why the entire neighborhood did not have the reconstruction. He wondered what other neighborhoods have been in this same situation. Mr. Berkowitz stated the policy areas that do have bituminous curb be replaced with concrete curb. He stated there was an instance last year where the same type of thing happened. Mr. Whitman stated some residents in the neighborhood to the north ofhim were not charged for the concrete curb and they are being charged. He stated this is a fairness issue. Mr. Whitman stated there is not any policy regarding this for the City and he did not know how the City can do things willy nilly. Councilmember Orttel stated they do have a policy and they do plan for these in an orderly manner. ~j ..-\ \-.J (j Regular Andover City Council Meeting Minutes - April 5, 2005 Page 5 Mr. Whitman wondered why they were being charged and the other neighborhood to the north was not charged. Mr. Berkowitz stated he would have to go back and review what was done and the reason for this. He remembered the City did some work because of drainage issues. Mr. Whitman indicated they have the same problem with drainage as the neighborhood to the north and he did not know why they have to pay for this. Mr. Whitman stated his concern is to make the policy consistent. He thought this was a little unfair. In the future, the City should plan to inform the neighborhood a year or two in advance of road reconstruction so people can save up the money to pay for the assessment. Mr. Bernie Bauhof, 3823 171 sl Circle, asked when they have multiple areas within the City that fall within that criterion, which street gets repaired and which do not. Mr. Berkowitz stated they have a pavement management program where every three years they do an evaluation of the roads and fix . the roads in the worst shape. Mr. Bauhof wondered when the assessment will be. Mr. Berkowitz stated the project will be constructed and then the amounts will be determined and the assessments will be brought forward to the City Council for approval. Mr. Bauhof asked if the assessment included the cost to replace the portion of the driveway that is dug up. Mr. Berkowitz stated this will be covered in the City portion of the amount. Motion by Knight, seconded by Trude, to close the public hearing at 7:55 p.m. Motion carried unanimously. Mayor Gamache asked timewise at this point, where they are in the process of getting the bids because he would like to know what the situation was regarding the neighborhood to the north. Mr. Berkowitz stated if the public hearing was closed tonight and they moved forward, they would start the project in June and ifput back, it would start in July or later. CounciImember Knight asked if it would affect the price any. Mr. Berkowitz stated it could possibly go up. Councilmember Trude asked if they are in the process of soliciting bids. Mr. Berkowitz stated they did send a notice to the paper but it could be retracted. Councilmember Trude stated she was concerned for the residents with the costs going up because of gas prices if they wait on this. Mr. Dickinson stated what they are looking at is getting the project going and this would be the best time. He thought they should order the bids so the price does not keep going up and within that time they can look into what was done with the neighborhood to the north. (J C) o Regular Andover City Council Meeting Minutes - April 5, 2005 Page 6 Councilmember Jacobson stated this is just to order plans and specs and he thought they should go forward with this portion and get bids. He wanted to make sure this is consistent with what has been gomg on. Mr. Berkowitz explained the City Policy to the residents. Motion by Jacobson, seconded by Knight, to approve the resolution ordering the improvement of Project 05-2, street mill and overlay in the area of a portion of V alley View Estates and the north half of Valley View Estates 2nd Addition. Motion carried unanimously. (Res. R063-05) It was noted information regarding the northern neighborhood and other neighborhoods reconstructed would be brought back to the City Council at the next meeting. PUBLIC HEARING/VACATION OF EASEMENT/835 146TH LANE NW/LOU SISSON Community Development Director Neumeister explained the City Council is asked to hold a public hearing to consider vacating a portion of the existing drainage and utility easement at the above referenced property. Mr. Neumeister indicated they contacted ConnexuslCenter Point Energy who indicated they did not have a problem with the vacation of easement. Ms. Lou Sisson indicated where the shed will be built on the property. Motion by Jacobson, seconded by Knight, to open the public hearing at 8:15 p.m. Motion carried unanimously. Ms. Sisson stated she has been negotiating for over two years with one of the Departments in the City to have the property authorized for horses. She stated she already has approval for the horses. Motion by Knight, seconded by Jacobson, to close the public hearing at 8: 17 p.m. Motion carried unanimously. Motion by Knight, Seconded by Jacobson, to approve the proposed vacation of easement. Motion carried unanimously. (Res. R064-05) PUBLIC HEARING/VACATION OF EASEMENT/2350 149TH A VENUE NW/JOHN ANDERSON Community Development Director Neumeister stated the applicant is seeking to vacate a portion of an existing drainage and utility easement to allow construction of a swimming pool. (J Regular Andover City Council Meeting Minutes - April 5, 2005 Page 7 Motion by Jacobson, seconded by Knight, to open the public hearing at 8:18 p.m. Motion carried unanimously. Mr. John Anderson, 2350 149th Avenue, stated the proposed pool is in the southwest area of the property. Motion by Jacobson, seconded by Knight, to close the public hearing at 8:20 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the proposed vacation of easement with one change to have the City Attorney draft a letter holding the City harmless in case of problems, Motion carried unanimously. (Res. R065-05) CONSIDER RESIDENTIAL SKETCH PIAN/SOUTHEAST OF ANDOVER BOULEVARD AND PRAIRIE ROAD : '\ '--../ Community Development Director Neumeister stated the Council is asked to review a residential sketch plan for a single family urban residential development including all of the highlighted properties shown on the location map. Councilmember Trude stated they had some correspondence with the Swanson's where they did not want a road going through their home. She wondered if they were one of the people indicated on the map not under contract. Councilmember Orttel thought the plan was premature if all of the parcels were not involved. Mr. Dickinson concurred with Councilmember Orttel. Councilmember Knight thought they were getting ahead of themselves until all property owners agree with one another. Councilmember Jacobson stated he has a whole list of problems, including some non- participating home owners and the County only wants one access onto Andover Boulevard. He stated another concern is the utilities that come up Butternut Street. He was not about to use eminent domain to run utilities through the property that is not part of this project. He thought the trail would look good along the creek and not along the roadway. Mayor Gamache asked if the sewer would go under the creek and up Butternut Street. Mr. Berkowitz explained how the sewer would be run to the property. Councilmember Trude stated /-~\ there were still FEMA issues out there. 'J Mr. Berkowitz stated there were some flood plain issues they need to address but the majority of this is outside the floodplain. f' ''-../ Regular Andover City Council Meeting Minutes - April 5, 2005 Page 8 Councilmember Orttel asked if there was any possibility of getting service from the southwest. Mr. Berkowitz stated there is a lift station in the Shadowbrook Fifth Addition that is proposed to pick up the entire area. They could possibility look at picking up the sewer line on Prairie Road. Mr. Berkowitz stated this would be expensive to do. Councilmember Jacobson thought the developer should have to pay for all the road improvements going into the project. That is part of the cost of development and would not be deferred. The Council discussed different accesses in the proposed development along with different ways to bring the sewer in. Mr. Mark Smith, developer, asked if there was some way to run the sewer out of the south side of the creek and if they could bring back a preliminary plat for just the east part of the area. Mr. Berkowitz stated part of this is a trunk line and they want to run this in an existing right-of-way. He stated they can always look at different options. (.J CONSIDER REZONING R-I TO R-4/134116IsT AVENUE NW/BIRCH POINT ESTATES Community Development Director Neumeister stated Mr. Larry Emmerich has applied to change the zoning of approximately 2.27 acres of his property at 1341 161 51 Avenue NW to accommodate the development of 5 residential lots. Motion by Jacobson, Seconded by Knight, to approve the rezoning of Birch Point Estates. Motion carried unanimously. (Ord. No. 308) CONSIDER PRELIMINARY PLAT/134116IsT AVENUE/BIRCH POINT ESTATES Community Development Director Neumeister stated the City Council is asked to review a 5-10t preliminary plat for Birch Point Estates. The proposed project abuts the west edge of Country Oaks West. Motion by Jacobson, Seconded by Knight, to approve the Preliminary Plat of Birch Point Estates subject to the conditions of the attached resolution presented at the meeting. Motion carried unanimously. (Res. R066-05) CONSIDER CONDITIONAL USE PERMIT FOR ON AND OFF SALE LIQUOR/ANDOVER CJ CLOCKTOWER COMMONS Community Development Director Neumeister stated the development was previously granted a conditional use permit for on sale liquor on Lot 4, The applicant is seeking approval of a conditional use permit for off -sale liquor for the retail building within Andover Clocktower Commons. r~, r , '-- -~ Regular Andover City Council Meeting Minutes - April 5, 2005 Page 9 Councilmember Jacobson asked City Attorney Hawkins ifhe agreed with the applicants' attorney's opinion. City Attorney Hawkins agreed when it pertained to locations around schools. He explained the reasons why he was in agreement. He thought they had an obligation to grant the on and off sale of liquor on the site. He stated this meets the standard of the separation of schools and churches. Councilmember Jacobson stated there is already an on-sale license for liquor on the south end of the property for a restaurant and he is asking for another on-sale in the other building. He wondered if there were plans for another restaurant in the building. Mr. Darren Lazan stated it was their understanding when they fIrst applied and asked for approvals for on-sale that this ran with the project. He thought this now runs specifIc with the parcel. He indicated they have had several inquiries for quick serve type restaurants that would like to serve beer and wine and through this process he has come to the conclusion that every time a new business came in, he would have to come to the City Council for review and approval of a Conditional Use Permit. He stated he was asking for a conditional use permit to allow those uses on the parcel and to allow the City Council to look at each of these at the time they come forward. He would like to blanket the parcel so they do not have to come forward for a CUP every time a tenant changes out. . , i) Mr. Lazan stated they have a building standard for on and off sale liquor, which they have offered in --- the proposal as a condition of the CUP. One is that rather than fifty percent of on-sale, it be ten percent of sales. - He thought this was more than adequate for what they are trying to do. Another condition would be the sign requirements that are above and beyond City Ordinance. They are restricting the signage on the City and school side to trade signage only. Councilmember Jacobson asked City Attorney Hawkins if they could limit the numberoflicenses in one location. City Attorney Hawkins stated the applicant is asking for this for the entire area and if the City Council felt that was too much for the area, then they could limit the area. Mr. Lazan stated he did not have a problem with limiting the number oflicenses but he would like to have the license cover the entire building so there would not be a need to come back to the City Council for every proposed business. Councilmember Knight asked if down the road someone would want to put a bar in, would the license follow that. City Attorney Hawkins stated the new business would need to come in and make application for license and meet criteria. City Attorney Hawkins stated review of the liquor license only is to determine whether or not they meet the criteria of the liquor ordinance, it does not deal with the number of existing liquor establishments in the building. He did not think this was something they could consider. / , '- i -J Councilmember Trude asked if there was a different level oflicense if someone sells only beer and wine. City Attorney Hawkins stated they can obtain a non-intoxicating liquor license. Councilmember Orttel indicated the building will be very close to the McDonald's building and he CJ Regular Andover City Council Meeting Minutes - April 5, 2005 Page 10 did not think that it would be appropriate to have liquor that close to where children will be. Councilmember Orttel stated it bothered him that if the establishment met the distance from the school, they would have to issue the SUP unless it was proven to be harmful to different things. He thought they needed to be really careful issuing three licenses because this area is going to be the most kid intensive area in Andover with the schools, the Community Center and McDonald's. He thought this needed to be looked at really closely. Mr. Lazan did not think a nightclub would be appropriate in the area and he would be willing to limit the percentage. He thought a small restaurant would fit in to the area. Mayor Gamache thought they were putting a limit of some kind on this for a regular bar type tavern. The Council discussed the possibility of future liquor establishments in the building. . -') \.J Councilmember Jacobson asked if they could allow only one off sale and one on-sale establishment because that would give them only two in the area City Attorney Hawkins stated this was more defensible because there is one out there already and the City can always review future requests if needed. Mr. Michael Keefer, Attorney for the applicant, thought there was a little bit of confusion regarding this. They only have one off- sale store they are proposing but he wanted to make sure that if there is a granting of a special use permit that one is also granted for Lot 5 for the off- sale. There was discussion between the applicant and the City Council regarding the Resolutions in the packet. Councilmember Orttel noted they have been dealing with some SUP related to drive- throughs and they require a layout and a lot of explanation for the SUP and the liquor license does not require any explanations or layouts. He wondered if they were overlooking something in the SUP. Councilmember Orttel wondered what the proposal is and what they are getting. Councilmember Trude thought this was the PUD, which they approved previously. Councilmember Jacobson asked where in the buildings the liquor businesses would be. Mr. Lazan showed on the map where they businesses would be located in the building. Mr. Lazan stated he would modify his request to include one on-sale. Councilmember Knight stated he would not have a problem with that request. () Councilmember Orttel asked how large the liquor store will be. Mr. Lazan stated it is rougWy 5,000 square feet. Councilmember Orttel stated they needed to have more detail if they were to approve something like this. He thought there was something wrong and it was moving rather quickly. Mr, Lazan stated these are the exact same documents that brought forward two months ago. C) Regular Andover City Council Meeting Minutes - April 5, 2005 Page 11 Councilmember Orttel stated his concern is they are setting a precedent. He thought the ordinance needed to be reviewed. He stated this virtually touches on the 1,000' restriction to the schooL He stated the children are forced to use the intersection to get to and from school and he did not think this was a good place for so many liquor establishments. Councilmember Trude thought they were in a situation where the attorney of the applicant has given them a lot of information and told them that once they have established standards the City must abide by those standards and the City Attorney had indicated that it was correct. They are in this situation because they do have standards but she thought it was reasonable to limit the number oflicenses and the City Attorney feels comfortable defending them in court if they want to defend the number of licenses but she was not sure if the City Attorney was comfortable defending them in court if they deny this. Councilmember Orttel stated if they do not have a limit, then what is the point of having a standard. He thought one of the Councilmembers at the previous meeting thought the distance from a school should be two thousand feet. Councilmember Trude stated she made that comment. ;] Motion by Orttel, seconded by Gamache, to change the ordinance from one thousand feet to two thousand feet from a school. Councilmember Trude did not think they could change the policy when there was an application before them. Mayor Gamache asked if there was legality or issues on changing the ordinance. City Attorney Hawkins stated there will obviously be an argument that an application has been made and they are changing the ordinance in response to the application. He thought this would be difficult to defend at the present time with the application before them. Any subsequent applications would be defensible but he would fmd it difficult to defend this. Councilmember Orttel stated the applicant has made no investment. He did not agree with this and was just trying to comply with what happened six months ago. Motion failed 1 ayes, 4 nays (Jacobson, Knight, Gamache and Trude). /' " \..J Councilmember Orttel asked if the approval of the Special Use Permit for liquor was the same as approving the liquor establishment and its license, barring criminal acts, etc. City Attorney Hawkins stated if the approved a Conditional Use for the sale of on-sale and off-sale liquor under the zoning ordinance, an individual then has to meet the requirements of the liquor ordinance. If they meet all the standards in the liquor ordinance pertaining to investigations, application fees and so on, then they are entitled to have the issuance of a liquor license. Motion by Jacobson to approve the resolution limiting the subject property to on- sale liquor sales only with changes to the resolution after Therefore, Be It Resolved, item one, "The applicant shall be required to obtain a liquor license from the City Council for eaeh one business that proposes to ser-ve , '\ Regular Andover City Council Meeting \. -) Minutes - April 5, 2005 Page 12 ef sell off-sale liquor." In item three, change "on-sale liquor licenses" to "on-sale liquor license" and remove the word "each". This will suggest they allow only one off-sale license in the structure and at this time, not allow the on-sale one as requested and ask the applicant ifhe wants to do that to come back on an individual basis and they can decide that later on. Mayor Gamache stated the resolution from the Planning & Zoning Commission came to the Council as a request for on-sale. He thought they needed to amend this resolution to only include on-sale. Mr. Dickinson suggested to the City Council how they could amend the resolution for one license. The City Council recessed at 9:45 p,m, The City Council reconvened at 9:50 p,m. (J The Resolution was refmed and corrected by the staff and the City Attorney during the break. Mayor Gamache indicated the following changes to the Resolution: The first "WHEREAS, Landform has requested approval of a Conditional Use Permit for off sale liquor on the subject property, and;" Mayor Gamache noted the third and fourth Whereas are to be removed. Mayor Gamache also noted the change to "NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees vlith the recommendation of the Plan..1ing and Zoning Commission and approves a Conditional Use Permit for one off sale liquor business on the property subject to the following: ~J 1. The applicant shall be required to obtain a liquor license from the City Council for eaeft-one business that proposes to serve or sell off sale liquor. No signage advertising en-off sale liquor sales shall be allowed on the north and west elevation~ of the building on Lot 5. On sale liquor liceill1e(s) shall limit alcohol sales to ten percent ohota! revenue of each liceill1e. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-15-6. Subiect to the location of the said business within the building and limited to the 5.1 00 square feet of Lot 5 on the northwest comer of the building. applicant will submit a diagram for the location. Further be it resolved the City Council denies the application for the on sale ofliquor because the application is too broad and applies to the entire structure and would enable numerous on sale licenses to be issued without Council input 2. 3. 4. 5. (') Regular Andover City Council Meeting ',j Minutes - April 5, 2005 Page 13 6. The trade name of the business will not use the word "liquor". Councilmember Orttel stated they have never issued a SUP to someone who is not in the liquor business before. He stated previously they have talked directly to the owner. He noted they are tying the SUP to someone who may not be there in the future. The City Council discussed other liquor approvals made within the City in the past. Mr. Lazan stated they can address any issues the Council may have regarding the off-sale liquor license. He eXplained they can make those issues conditions of the SUP. To a certain extent, he stated he relied on staff to bundle the deals and to tell him who should be the applicant, how it is appropriate, how it should be stated. This is the direction they took and it made sense when they put it together. Mr. Lazan explained he was led to believe that the overall development needed to apply for the CUP to pave the way for those individuals to come in and that is what they have done. /~" \J Councilmember Knight asked if they could say the same conditions would apply to this applicant as applied to the previous. Mayor Gamache stated they do not know what they are. Motion by Jacobson, Seconded by Trude, to approve the changes to the resolution as discussed. Councilmember Jacobson stated this was difficult for him because he normally votes against liquor items but the reason he is doing this is based upon what the City Attorney had said that not allowing this to go through, they could be subject to a lawsuit. Councilmember Trude concurred. Councilmember Orttel thought if that was case, they should study the ordinance. Councilmember Jacobson thought they decided this by drawing the arcs by the schools and allowed liquor in certain areas. Councilmember Trude thought as they develop Andover Station North, they should think about this. Councilmember Jacobson stated he did not have a problem looking at the ordinance and making changes to make it more restrictive but he did not think they could do it while they had an application in front of them. Mayor Gamache asked if they had a limitation on the nwnber ofliquor licenses they can approve. City Attorney Hawkins stated the State sets that and they are far below the limit. o Councilmember Trude noted she did not feel it was appropriate to change the Ordinance in the middle of consideration of an application. She was concerned about potential litigation. Mr. Lazan asked if there was a restriction on signs and banners for the store. The Council discussed this and came to the consensus that there will not be much space to hang signs in the windows. (; Regular Andover City Council Meeting '-.J Minutes - April 5, 2005 Page 14 Motion carried unanimously. (Res. R067-05) CONSIDER LIQUOR LICENSE APPLICATION/THE SHOPPES AT ANDOVER CLOCKTOWER COMMONS City Administrator Dickinson stated Assad Awaijane and Ronald Awaijane, dba Clocktower Wine & Spirits, Inc., have applied for an off-sale intoxicating liquor license for a store to located at the Shoppes at Clocktower Commons. Mr. Dickinson asked if they could tie the approval to the certificate of occupancy. City Attorney Hawkins believed they could. :~ U Motion by Trude, seconded by Orttel, to approve the off-sale liquor license requested by Assad and Ronald Awaijane for the property located at Suite 9, The Shoppes at Clocktower Commons and issued on the conditions being met to hold a license in the City. Motion carried 4 ayes, 1 present (Jacobson). AWARD BOND SALES City Administrator Dickinson introduced Mr. Mark Ruff of EWers & Associates who presented the results of the City's sale of bond issues authorized at the March 1,2005 Council meeting. Motion by Jacobson, seconded by Knight, to approve the resolution accepting the proposal on Sale of $3,560,000 General Obligation Improvement Plan Bonds, Series 2005A to Wells Fargo Brokerage Services, LLC. at a true interest rate of3.5529%. Motion carried mianimously. (Res. R068-05) Motion by Jacobson, seconded by Knight, to approve the resolution accepting proposal on Sale of $650,000 General Obligation Bonds, Series 2005B to United Bankers Bank at the true interest rate of3,1713%. Motion carried unanimously. (Res. 069-05) CONSIDER LOT SPLIT/14351 CROSSTOWN BOULEVARD Community Development Director Neumeister stated the property owner is seeking to split the subject property into urban residential lots. The existing house will remain on one of the lots, o Councilmember Orttel stepped down from discussion and voting because of conflict of interest. Councilmember Jacobson asked if hooking up city sewer and water will be a problem. Mr. Orttel stated it has to be hooked up and the County does not want to tear up Crosstown o Regular Andover City Council Meeting Minutes - April 5, 2005 Page 15 Boulevard so it would be his cost to use a hydraulic drill to get the utilities in. Councilmember Trude asked if the lot split made the house non-conforming as far as the side set back. She wondered how this is handled. Mr. Neumeister stated it was his understanding that if the existing house were destroyed it would need to be replaced and made conforming. Councilmember Trude wanted to make sure they were consistent if another item came up like this. Mr. Orttel stated the ordinance allows for a six foot side yard setback on the garage side of the house and that could be made ten feet. He has talked to staff and the neighbor to the south has asked to rearrange the interior lot lines, He noted it would affect the existing house but would not gain or lose any area; it would only make the lot more rectangular and would be a benefit to the neighbor. Councilmember Trude asked if the issue with the County was an issue they should be concerned about. Mr. Berkowitz stated it would not. o Councilmember Jacobson asked if they had heard anything from the Highway Department regarding the driveway entrances. Mr. Berkowitz stated he did not know if they received anything from the county at this time. Motion by Jacobson, seconded by Knight, to approve the proposed lot split subject to the conditions listed in the attached resolution changing item six "Subject to driveway locations required by the Anoka County Highway Department". Motion carried unanimously. (Res. R070-05) AMEND DOG ORDINANCE It was noted that due to the number of complaints received, staff is recommending that the ordinance regulating dogs and cats be amended. At the present time the ordinance allows people to walk their dogs and cats without the pets being on a leash. The ordinance states that it is allowable for a pet to be accompanied by and under the control and direction of an individual so as to be as effectively restrained by command as by leash. Staff is recommending that the ordinance be amended to require all dogs and cats to be leashed if on a street or public property. Councilmember Jacobson thought this should not include cats because they are usually not leashed. C) Councilmember Knight stated he has a problem with dogs being on a large parcel of property and having to be leashed. Mayor Gamache stated this change is only for public land and streets. Councilmember Trude stated her concern was with people who have hunting dogs who have ('\ Regular Andover City Council Meeting 'J Minutes - AprilS, 2005 Page 16 trained them and use public land for training. Counci1member Trude thought this change should be limited only to the street. She would like this sent back for wordsmithing. APPROVE 2005 CONTRlBUTIONIANOKAAQUATICS CENTER Mr. Dickinson stated this item is in regard to considering a contribution of $4,000 to the Anoka Aquatic Center. Councilmember Orttel stated he noticed their attendance has dropped over time and he wondered if they were going to have swimming lessons at the YMCA. Councilmember Trude stated she would not want to change this at this time because she thought this would leave the west side of the community out. ./ '" "-J Motion by Jacobson, seconded by Trude, to approve the contribution to the City of Anoka in the amount of $4,000 to receive the reduced rate for the residents of Andover for use of the Anoka Aquatic Center. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOP Motion by Jacobson, seconded by Knight, to schedule a City Council Workshop for April 26, 2005 immediately following the Board of Review. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, seconded by Knight, to schedule an EDA meeting for Tuesday, April 19, 2005 at 6:00 p.m. Motion carried unanimously. SCHEDULE EDA INTERVIEWS Motion by Trude, seconded by Orttel, to schedule a meeting to interview EDA applicants for April 21, 2005 at 7:00 p.m. Motion carried unanimously. o ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Community Center and Fire Station Construction. .,--, , , . . \_1 Regular Andover City Council Meeting Minutes - April 5, 2005 Page 17 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 (Mayor's Prayer Breakfast Thanks) - Councilmember Trude thanked the Mayor for hosting the Mayor's Prayer Breakfast. She thought it turned out great. (Regional Treatment Facility Closed) - Councilmember Orttel stated they were at the Elected Officials Dinner and the County Attorney and Mayor Skogquist were discussing that they closed the regional treatment facility in Anoka. City Attorney Hawkins stated they closed the detox center and they will either transport the people to Hastings or to Hennepin County. Councilmember Orttel thought they should notify the County because the problem is if the sheriffhas to transport the people to Hastings they will lose three hours of comp time. He stated this was never mentioned, they just said they would reimburse for mileage. He thought it would be a good idea to bring this forward to the County. /' '~ I ''--./ (Railroad Issues) - Councilmember Jacobson asked for some input on the railroad issue and he has not seen anything yet. He would like to get the information because summer is coming up and they need to know what the Federal law says now, what other cities are doing and what the cost will be. (House on Andover Boulevard and the Rail Road Tracks) - Councilmember Jacobson asked what the update was on the house on Andover Boulevard and the railroad tracks. Mr. Dickinson stated they have received notification that it was tax forfeit and then it was not and now it is again. He stated they need to confirm that with the County. He stated ifthis was the case, staff would come to the City Council to order abatement on the home. If it doesn't go tax forfeit, they would come to get abatement. (Liquor Ordinance Review) - Councilmember Jacobson thought they should look at their liquor ordinance for possible changed. CJ (Hockey Districts) - Councilmember Krught stated he was contacted by people who live on the northern boundary regarding hockey districts and because their kids will not be going to High School here, they cannot play hockey here. He thought they may have a situation where people will be paying for the arena through tax dollars and will not be able to use the arena because of hockey rules. He would like to contact the State Hockey Commissioner regarding this to see what can be worked out. Mr. Dickinson stated even though they cannot play in Andover, the hockey arena is open and can be rented to any organization or district. Councilmember Trude stated she would support Councilmember Krught on this. (City Golf Invitation) - Mayor Gamache noted June 20th is the golf invitational at Greenhaven. (', --/ Regular Andover City Council Meeting Minutes - April 5, 2005 Page 18 (Recycle Day) - Mayor Gamache reminded residents that recycle day is April 23, 2005. (Bill Regarding Busing in Hazardous Areas) - Mayor Gamache stated there is a bill regarding hazardous conditions in busing. He stated this bill would allow school districts to have the ability to levy for paying for buses to get kids to and from school where hazardous conditions exist. (Youth First Representatives) - Mayor Gamache stated they are looking for two representatives for Youth First in Andover. Mayor Gamache noted he talked to the Coon Rapids Administrator, Jerry Splinter, about the train whistles and he indicated that even after doing all the improvements, the trains are still blowing their whistles along the main line, the North Star Line. Mayor Gamache also stated the City of Coon Rapids is building a bridge over Highway 10 behind Fazoles and Thomas Auto Mall for local traffic. , , <,-oj Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :05 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary CJ