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CC - January 18, 2011
C I T Y O 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, January 18, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (1/4/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Debt Service Payments — Finance 4. Order Feasibility Report/10 -30 /Crosstown Drive NW Reconstruction - Engineerrng S. Order Improvement/Order Plans & Specs /11- 4/2011 Seal Coating - Engineering 6. Order Improvement/11- 5/2011 Pavement Markings — Engineering 7. Order Improvement/11- 12/2011 Parking Lot Maintenance -Engineering 8. Approve 2011 Massage Therapy License/Body Image Inc. — Administration 9. Approve Application for Exempt Permit/Rum River Chapter of MN Deer Hunters — Administration 10. Accept Contribution/Kwik Trip, Inc. /Andover Fire Department — Finance 11. Approve Application for Exempt Permit/Andover Boys Lacrosse Booster — Administration Discussion Items 12. Anoka County Sheriff's Department Monthly Report - Sheriff 13. Hold Public Hearing/Order Plans & Specs /11 -2b (Genthon Ponds) /2011 Street Reconstruction — Engineering 14. Hold Public Hearing/Order Plans & Specs /11 -2a (Flintwood St. NW) /2011 Street Reconstruction — Engineering 15. Hold Public Hearing/Order Plans & Specs /11 -2c (Rolling Forest) /2011 Street Reconstruction — Engineering 16. Hold Public Hearing/Order Plans & Specs /11 -2d (East Brook Terrace & Auditor's Sub. 137)/2011 Street Reconstruction — Engineering 17. Consider Amendment to Liquor Licensing Requirements of City Code 3 -1 & City Code 12 -12 - Planning Staff Items 18. Schedule February EDA Meeting — Administration 19.. Schedule February Workshop Meeting - Administration 20. Administrator's Report - Administration Mayor /Council Input Closed session: Open Space Parcel Candidates PID's: 11- 32 -24 -31 -0001, 27- 32 -24 -42 -0002 and 14- 32- 24 -21- 0001 Adjournment T YT D i i 1685 CROSSTOWN BOULEVARD N.W. � ANDOVER, MINNESOTA 55304 o (763) 755 -5100 FAX (763) 755 -8923 o WWW.CI,ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING — JANUARY 18, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 18, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz PLEDGE OFALLEGL4NCE © RESIDENT FORUM No one wished to address the Council. ICejAb"'I7,177(tU 17 Mr. Dickinson noted the closed session agenda should have the word added "Parcel" to read Open Space Parcel Candidates. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES January 4, 2011, Regular Meeting: Councilmember Jacobson requested a correction on page five, line 22 after the word request, delete the word "that" so the sentence reads "request an agenda from ". Motion by Knight, Seconded by Bukkila, to approve the minutes as amended. Motion carried unanimously. © Regular Andover City Council Meeting Minutes —January 18, 2011 Page 2 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Debt Service Payments Item 4 Order Feasibility Report/10 -30 /Crosstown Drive NW Reconstruction (See Resolution R002 -11) Item 5 Order Improvement/Order Plans & Specs /11- 4/2011 Seal Coating (See Resolution R003 -11) Item 6 Order Improvement/11- 5/2011 Pavement Markings (See Resolution R004 -11) Item 7 Order Improvement/11- 12/2011 Parking Lot Maintenance (See Resolution R005 -11) Item 8 Approve 2011 Massage Therapy License/Body Image Inc. Item 9 Approve Application for Exempt Permit/Rum River Chapter of MN Deer Hunters Item 10 Accept Contribution/Kwik Trip, Inc /Andover Fire Department (See Resolution R006 -11) Item 11 Approve Application for Exempt Permit/Andover Boys Lacrosse Booster Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. H CONSIDER ANOKA COUNTYSHERRIFF'S DEPARTMENT MONTHLYREPORT Captain Tom Wells from the Anoka County Sheriff's Office was present to provide the City Council and the citizens of Andover with an update on law enforcement activities within the City. He presented a copy of the December 2010 monthly report and recap of the statistics from 2010. He suggested residents record serial numbers of their items for their home records. Councilmember Trade requested Captain Wells review the Andover City Ordinances with the new deputies. PUBLIC HEARING /ORDER PLANS & SPECS 111 -2B (GENTHON PONDS) 12011 STREET RECONSTRUCTION Mr. Berkowitz explained a feasibility report was previously prepared for this improvement project and was submitted to the City Council at the December 21, 2010 City Council meeting. He stated these four projects will be considered separately because the improvements differ on each project. The proposed improvements include milling, reclaiming the existing pavement and using the material as aggregate base, storm sewer system improvements, replacing the existing bituminous curb with concrete curb and gutter and paving two new lifts of bituminous. Driveway aprons will be replaced as needed to match the new roadway and boulevards will be restored. The properties that benefit from the improvements will be assessed 25% of the total project costs in accordance with the City's Assessment Manual Policies and Procedures Guide. 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 © Regular Andover City Council Meeting Minutes —January 18, 2011 Page 3 Council to pass the resolution and move the project forward. The total project cost is estimated at $308,140.00. The City's portion is estimated to be $231,100.00, while the assessed portion is estimated to be $77,040.00. The estimated assessment per unit is $5,930.00. Mr. Berkowitz reviewed the payment options available to the affected properties. The final assessment is based on final project costs. Councilmember Knight asked for an explanation for concrete curbs. Mr. Berkowitz explained concrete curb provides a conduit to drain the water from the roadway. They keep the water off the road and prolong the structure of the roadway. Mayor Gamache questioned the 5.5% interest rate and Mr. Berkowitz noted that is an estimate. He stated we will know the exact numbers after the bids come in. Mayor Gamache asked if a resident wanted to pay the assessment off faster could they. Mr. Dickinson stated after the first year they have the ability to pay it off ahead of time. Councilmember Jacobson noted if the project goes ahead tonight and the bids come in more than 5% higher, there would be another public hearing held. © Councilmember Trude asked if there are provisions for disabled/senior citizens where the assessment can be deferred. Mr. Dickinson stated there is some assistance available based on age and income. Mr. Dickinson stated the interest rate will not exceed 5.5 %. Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. Mr. Robert Egge, 17425 Butternut St. NW, stated they are currently plagued with an unpaved road which has caused problems to the residents in the areas. He stated the proposed improvements are not as necessary as paving Flintwood Street. Many problems have occurred as a result of Flintwood Street being a washboard. He suggested the funds be used to pave Flintwood Street. He is opposed to this project and does not believe the completion of this project would add value to the neighborhood. Mr. Kevin Brown, 17485 Butternut Street NW, stated water has never run over the curb. He is opposed to the project. Councilmember Trude stated this is a smaller project. The idea of applying the funds to Flintwood Street has not come up. The residents on Flintwood Street do not support the paving of the road. Mr. Berkowitz stated staff met with the Flintwood Street residents in June and requested they consider the paving of the road. If the broader project had been done all at once, there would have been a cost savings. He stated in order to get a gravel road paved; a petition needs to come forward. © The cost per resident for that would be $10,000 - $ 12,000 per property assessment covering the entire cost of the project. Mayor Gamache stated unlike other projects where the City picks up a portion of the cost this would © Regular Andover City Council Meeting Minutes —January 18, 2011 Page 4 not happen when paving an unpaved surface. Mr. Berkowitz stated normally the developer includes this in the development. Mr. Joel Godin, 17597 Flintwood Street, is a neighbor to this project. He agreed the problem is the dirt road rather than the paved roads. He suggested the Council take the money for redoing the paved roads to paving Flintwood Street that would make more sense. He suggested a public hearing be held for the residents not only on the dirt road but also the residents that drive on it every day. He stated the road was built in 1991 and it does not need to be replaced yet. He stated there is little traffic on those dead end roads and money should be put towards paving Flintwood Street. Councilmember Jacobson asked how many miles are unpaved in the City. Mr. Berkowitz stated there are 6 -7 miles of unpaved roads in the City. The dirt part of Flintwood Street is approximately three- fourths of a mile. Mayor Gamache asked if the estimated cost to do entire project would be $200,000 - $350,000. This project being considered is $308,000. Mayor Gamache stated he would like to seethe unpaved roads paved. He stated this may require a policy change, but it would make much more sense to take care of Flintwood Street at the same rate as the other four projects. He stated this is most likely a three © part development. Mayor Gamache stated when Tulip Street was paved it was an MSA road. Councilmember Trude stated when she realized the residents need to go on the dirt road to get to their homes she could not believe it. She believes the market value would increase for their homes. She stated we would be spending $300,000 to make a "nice" road. She suggested this project be deferred for one year. She asked if all residents in the area could pay the same amount $6,000. Mr. Dickinson reminded the Council if this was done they would be changing policy and may have to follow that policy for the remaining 5 -1/4 miles of unpaved roads in the City. He cautioned Council a precedent would be set. Councilmember Trude suggested a flat rate. Councilmember Trude asked if this is a State Aid road and Mr. Berkowitz stated it is but a very low traffic road. Mr. Berkowitz stated they are focusing their State Aid on Crosstown Drive. Councilmember Jacobson stated the residents were asked two or three times in the past when the cost was lower if they wanted the road paved and they declined. He stated he is not against looking into this more and have staff look at the costs and implications. He suggested extending the public hearing a couple of weeks so staff can do some research. Councilmember Trude stated the policy could be focused narrowly so money would not have to be set aside for the remaining unpaved roads. a Councilmember Jacobson stated a split- second decision is not a good choice. Councilmember Knight stated he would like to see the study. © Regular Andover City Council Meeting Minutes — January 18, 2011 Page 5 Mr. Wes Volkenant, 1482 158 th Lane, asked if snowplowing is an issue on the dirt road. He referred to Sycamore Street off Andover Boulevard which only affects the 4 -5 properties. Flintwood Street on the other hand affects many more residents. Paving of Flintwood Street would have more of an impact on the entire neighborhood. Mayor Gamache asked if the residents on Flintwood Street are the original owners. A resident stated there is one "newbie." Mr. Ron Foster, 17572 Flintwood Street, stated they all bought with the existing conditions. He does not feel the residents were forced to buy in the area knowing that Flintwood Street was gravel. He suggested all projects be considered together in the future. He stated the residents living on the gravel road knew what they were buying. Those same residents refused to tar when it was brought up. He suggested all residents in the area be brought together to do the entire project in the future. Councilmember Jacobson stated that was what the residents said 5 years ago. Mayor Gamache stated originally the residents from Flintwood Street came to the City and wanted it paved. The main issue at that time was the traffic and the speed of the traffic on that road. They felt © at that time the gravel road would keep the traffic speeds slower. He noted if we change policy and then offered it to the residents with the changed policy that would be different. Councilmember Jacobson suggested the public hearing remain open for this project and have staff look at the numbers. He suggested the next project's public hearing also be opened and held open until the next Council Meeting. All parties would need to be notified of the public hearing where the revised costs would be presented. Councilmember Trude asked if the project could be pushed out. Mr. Berkowitz stated there is an OCI rating and the City normally tries to stay around an 80 rating. If the roads are deemed to be in the 40's rating, then they are in quite poor shape. Two weeks is not sufficient time to gather the information. Mr. Berkowitz stated he would like to break off the projects that will go forward and bring the others back in a couple months. He stated what is to be done with gravel roads in the City overall may take many months to complete. Mr. Ron Foster suggested this project be pushed out a few years in the future. Mayor Gamache stated if good bids are received this year, the costs may go up if pushed out a couple years. Mr. Dickinson stated two weeks would not be sufficient to gather the information. He suggested these be broken down into two projects. Councilmember Trude stated the gravel road paving could be done in phases. Mr. Dickinson stated the costs of fuel will be increasing and breaking it down could potentially lose some economy of scale. a Councilmember Trude stated the projects could be phased. Mr. Ron Foster stated his street was just seal coated last year. He asked if we would be losing State © Regular Andover City Council Meeting Minutes — January 18, 2011 Page 6 Aid on these projects and if these projects are a high priority. Mr. Berkowitz stated when they have an OCI rating in the 40's they are a high priority. The goal of the Council is that the road infrastructure remains good. Mayor Gamache stated we risk having good bids this year and higher costs and interest rates if postponed. Councilmember Jacobson stated better bids are received in winter months. Councilmember Knight stated given this winter, potholes will be a problem. Motion by Jacobson, Seconded by Bukkila, to close the public hearing. Motion carried unanimously. Mayor Gamache asked which Council meeting these projects would have to be approved by. Mr. Berkowitz stated the last date these could be sent out for bids and remain on schedule is February 15, 2011. Councilmember Jacobson suggested the vote be to move this project to next year, by the time we get © all the information gathered, and hold the public hearing. Councilmember Trude stated this cul -de -sac wouldn't be affected if Flintwood Street is done or not. She is concerned this may cost the residents in the south portion of the City more money. Mr. Dickinson stated the estimated cost for the project is $308,000. If prices went up significantly, it would result in higher costs to the City. Generally costs come in lower than estimates. Mayor Gamache stated Genthon Ponds and Flintwood Street would be removed from the bids. Councilmember Bukkila stated when removing these projects it may cost much more in the long run. Councilmember Jacobson said he would support a motion to delay consideration of the project for one year. Mr. Berkowitz stated Council could bid out the other two projects. Mr. Dickinson stated he sees some value with moving forward to obtaining a bid. Mr. Berkowitz stated if Council were to bid all 4 projects, it would be a base bid with two alternate bids (Flintwood Street and Genthon Ponds). The two base bids would be done and the other two alternates would be a choice. Councilmember Trude asked if we would be forcing the residents on Flintwood Street to pay for paving the road. She stated if Council is not willing to do that then the projects should just be done. Councilmember Jacobson stated he understood the policy would be reviewed pertaining to all gravel roads within the City. We would not require residents to pay 100% of the cost for paving the gravel © roads. Councilmember Trude stated when the meetings were held with the Flintwood Street residents they said they wanted to keep the gravel road. Mr. Berkowitz stated no petition was ever received. © Regular Andover City Council Meeting Minutes —January 18, 2011 Page 7 Motion by Jacobson, Seconded by Bukkila, to approve the resolution ordering the improvement of Project 11 -2b (Genthon Ponds) /2011 Street Reconstruction. Motion carried 4 ayes, 1 nay ( Gamache). (See Resolution R007 -11) Councilmember Jacobson stated when the bids come in the decision will be made whether or not to proceed with the project. Mayor Gamache asked if the projects are all bid together would the costs be extremely different. Mr. Berkowitz stated it would be one less mobilization cost so there may be some cost savings. Mayor Gamache stated he believes the residents may be more apt to agree if the costs are similar to the other projects. Councilmember Knight asked if all four projects are sent out for bids and only two are accepted what happens to the bid. Mr. Berkowitz stated if the contractor sees a base bid and alternates it will be bid differently. This will come back to Council in March for bid approval. Councilmember Trude suggested the policy be reviewed to address all gravel roads. PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS /11 -2A (FLINTWOOD STREET N9912011 STREET RECONSTRUCTION. Mr. Berkowitz explained a feasibility report was previously prepared for this improvement project and was submitted to the City Council at the December 21, 2010 City Council meeting. The proposed improvements include milling, reclaiming the existing pavement and using the material as aggregate base, repairing a damaged culvert and end section and pacing two new lifts of bituminous. Driveway aprons will be replaced if needed to match the new roadway and boulevards will be restored. The properties that benefit from the improvements will be assessed 25% of the total project costs in accordance with the City's Assessment Manual Policies and Procedures Guide. 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 pass the resolution and move the project forward. The total project cost is estimated at $89,850.00. The City's portion is estimated to be $67,390.00, while the assessed portion is estimated to be $22,460.00. The estimated assessment per unit is $3,740.00, and the timeframe is very tight. Motion by Knight, Seconded by Trude, to open the public hearing. Motion carried unanimously. Q Ms. Cindy Foster, 17572 Flintwood Street NW, stated the road is in decent condition. She also owns the adjoining lot. She does not want the project done. She has not seen any deterioration of the road. She does not drive on the dirt road. She believes the project could be put aside for a while. Regular Andover City Council Meeting Minutes —January 18, 2011 Page 8 Mr. Joel Godin, 17597 Flintwood Strett NW, he stated the road condition is the same as when he moved in 24 years ago. He has a concern about the resident whose address is on 177 Avenue but his driveway comes out on Flintwood Street. Councilmember Jacobson explained the mailing address is used. Mr. Godin stated they have two driveways and he feels they should be assessed because they share the same road. Mr. Godin stated doing that piece of road doesn't make any sense. Mr. Ron Foster, 17572 Flintwood Street NW, stated he does not think the money should be wasted until the entire area is addressed. He'd prefer to see the money spent on other projects and suggested 173` be paved going into Genthon Ponds. He will do whatever the neighborhood decides but if given a choice he would not have it done. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Councilmember Knight suggested we put this off. Councilmember Bukkila agreed. Councilmember Trude stated this neighborhood would have a nice road and would possibly encourage the residents to pave their road and have a nice road also. Motion by Bukkila, Seconded by Knight, to not approve the resolution ordering the improvement of Project 11 -2a (Flintwood Street NW) /2011 Street Reconstruction. Motion carried unanimously. (See Resolution R008 -11) Mr. Joel Godin, 17597 Flintwood St. NW, suggested when the neighborhood is invited, the entire neighborhood should be invited. Mr. Berkowitz stated staff will sit down with Council and look at the policy and then a meeting will be held with the entire neighborhood. PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS111 -2C (ROLLING FOREST) 12011 STREET RECONSTRUCTION Mr. Berkowitz explained a feasibility report was previously prepared for this improvement project and was submitted to the City Council at the December 21, 2010 City Council meeting. The proposed improvements include milling, reclaiming the existing pavement and using the material as aggregate base, installing a culvert and pacing two new lifts of bituminous. Driveway aprons will be replaced as needed to match the new roadway and boulevards will be restored. The properties that benefit from the improvements will be assessed 25% of the total project costs in accordance with the City's Assessment Manual Policies and Procedures Guide. 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 pass the resolution and move the project forward. The total project cost is estimated at $218,190.00. The City's portion is estimated to be $163,640.00, which the assessed portion is estimated to be $54,550.00. The estimated Regular Andover City Council Meeting Minutes —January 18, 2011 Page 9 assessment per unit is $3,410.00. Councilmember Trude noted this is a different Flintwood Street. Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. Mr. Doug Engstrom, 509 —166' Avenue NW asked if this proj ect is bid with the others, will the cost go up. Mayor Gamache stated it may be less than proposed. Mr. Berkowitz stated we generally try to use economy of scale. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Trude, Seconded by Jacobson, to approve the resolution ordering the improvement of Project 11 -2c (Rolling Forest) /2011 Street Reconstruction. Motion carried unanimously. (See Resolution R009 -11) PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS /11 -2D (EAST BROOK TERRACE & AUDITOR'S SUB. 137)/2011 STREET RECONSTRUCTION Mr. Berkowitz explained a feasibility report was previously prepared for this improvement project and was submitted to the City Council at the December 21, 2010 City Council meeting. The proposed improvements include milling, reclaiming the existing pavement and using the material as aggregate base, replacing damaged and deteriorated concrete curb and gutter, minor storm sewer and sanitary sewer repairs and paving two new lifts of bituminous. The properties that benefit from the improvements will be assessed 25% of the total project costs in accordance with the City's Assessment Manual Policies and Procedures Guide. 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 pass the resolution and move the project forward. The total project cost is estimated at $264,580.00. The City's portion is estimated to be $199,140.00, while the assessed portion is estimated to be $65,440.00. The estimated assessment per unit is $1,600.00. For this project the parcel is considered a unit so a duplex will be assessed $1,600.00 Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. Ms. Jeanine Allen, 13361 Arrowhead Street NW, asked if the bids come in higher than 5% are the projects called off. Councilmember Jacobson stated residents would be brought back for another a public hearing. Mr. Berkowitz stated the contractors do lock into prices. Ms. Allen stated she spoke with Mr. Law and asked if concrete could be used. Mr. Berkowitz stated concrete is much more expensive. The volume of traffic on the city streets is much less then on State roads where concrete is sometimes used. Ms. Allen stated on her street there are many garbage trucks each week because © Regular Andover City Council Meeting Minutes —January 18, 2011 Page 10 every resident has different haulers. She suggested the City be divided into 3 sections and have haulers bid, which would also save wear and tear on the roads. Mayor Gamache thanked Ms. Allen for her comments and stated Blaine has one hauler. Ms. Allen is in favor of the project. Ms. Allen stated the above ground telephone poles and lines do not look good and there have been outages. She suggested Connexus Energy be contacted to put the lines underground when the roads are being done. Councilmember Jacobson stated they charge to do that. Ms. Allen stated it would just be better to have them all underground. Ms. Allen asked for clarification on the payment plans available for the assessment. Mr. Berkowitz reviewed the policy. Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the resolution ordering the improvement of Project 11 -2d (East Brook Terrace & Auditor's Sub. 137)/2011 Street Reconstruction. Motion carried unanimously. (See Resolution R010 -11) CONSIDER AMENDMENT TO LIQUOR LICENSING REQUIREMENTS OF CITY CODE 3-1 & CITY CODE I2 -12. Mr. Bednarz explained this item continues to review the City's liquor licensing requirements. The staff report and attached Ordinance amendment reflect the direction provided by the Council at the December 7 2010 meeting. Mr. Bednarz provided a table comparing sites that are or could be zoned Neighborhood Business to the liquor licensing regulations. He provided aerial photographs for each site. Most of the sites could accommodate a 100 seat restaurant, which is required for an on -sale intoxicating liquor license. Some sites would need a small amount of off -site parking to be able to provide the required parking (1 parking stall per 2.5 seats). In a couple of cases, the amount of off -site parking would be it difficult, if not impossible for a 100 seat restaurant to be located on the site. Mr. Bednarz reviewed the definitions currently in City Code 34A 3.2 Percent Malt Liquor and City Code 3 -1B Intoxicating Liquor. He also reviewed setbacks from churches and schools are reduced from 1,000 feet to 400 feet in the proposed ordinance amendment. An exemption from these setbacks has been provided for situations where churches and schools are located in a commercial or industrial district. Mr. Bednarz reviewed the on -sale wine license and suggested adding: "As part of a commercial transaction" to section 3 -1A -1 before the words "No person". Councilmember Knight asked if a restaurant actually needed to have 100 seats or just enough © space for 100 seats. He also asked if outdoor summer seating is included. Mr. Bednarz stated they would be included. The parking requirement is a parking space for each 2.5 seats. Councilmember Trude asked about when restaurants add seats after they are open. Mr. Bednarz ® Regular Andover City Council Meeting Minutes —January 18, 2011 Page 11 stated those incidents happen and they look at the entire space. Mr. Dickinson stated as the use changes a review is done. Councilmember Trude suggested Section 3 -1B -11 Sunday Sales, be reworded to allow smaller restaurants to serve liquor or wine. Mr. Bednarz referred to 3 -1B -6 Types of Licenses and Permits; Exemptions where that is addressed. Councilmember Trude stated she does not believe any businesses would be affected by the 1,000 to 400 ft. distance from church or schools. She has concerns about liquor advertising. Councilmember Jacobson asked about page 20 Sales after 1:00 a.m.; Special License. Mr. Dickinson stated Council approval is required before the State approves it. Councilmember Jacobson stated in reviewing the table there are 6 parcels that meet the parking requirements. Serendipity would need 8 off site parking stalls. Councilmember Knight stated Serendipity could get parking agreements with other businesses. Councilmember Jacobson stated if Serendipity would change hands the parking agreement may not continue. Mr. Bednarz stated there may be some parcels that could serve intoxicating liquor within the community. Mr. Bednarz suggested on page 6 of the staff report the wording "As part of a commercial transaction" be added to Section 3 -1A -1 line one. Councilmember Trude stated she would like to see restaurants able to exist in neighborhood areas. Councilmember Bukkila stated she is comfortable reducing the distance to 400 feet near churches or schools. Councilmember Trude stated a conditional use permit for signage could be addressed for liquor advertising. Councilmember Jacobson suggested pre -K be added to page 4 under "School ". Councilmember Jacobson has some concerns about putting restaurantsibars such as this in neighborhoods. Councilmember Knight stated the restaurants in the strip malls are utilized for people going there to eat and then leave. Mayor Gamache stated in Champlin there is a Mexican restaurant in an old dental office that has a liquor license. Councilmember Trude asked if there are other restrictions that could be put into place to protect the neighborhood. Mr. Bednarz stated the conditional use permit can be reviewed yearly and revoked, if necessary. Councilmember Jacobson stated that would be difficult. Regular Andover City Council Meeting Minutes — danuary 18, 2011 Page 12 Councilmember Trude stated she is not comfortable changing the distance. Motion by Knight, Seconded by Bukkila, to approve an Ordinance amending City Code to allow On -Sale Wine licenses as a conditional use in the neighborhood business zoning district, to add definitions for churches and schools, to reduce the minimum distances from schools to 400 feet, to exempt setback requirements from churches and schools located in commercial and industrial districts, to remove the exemption for On -Sale Liquor licenses from City Code 3 -1B -6 B.3. and to clarify City Code 3 -1A -1. Motion carried 4 ayes, 1 nay (Jacobson). (See Ordinance 404) Motion by Knight, Seconded by Bukkila, to approve the Ordinance Summary for publication in the official newspaper. Motion carried unanimously. SCHEDULE FEBRUARYEDA MEETING Mr. Dickinson reviewed the Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the February 15, 2011 City Council meeting. Q Motion by Knight, Seconded by Trude, to schedule an EDA meeting at 6:00 p.m. before the February 15, 2011 City Council meeting. Motion carried unanimously. SCHEDULE FEBRUARY WORKSHOP MEETING Mr. Dickinson reviewed the Council is requested to schedule a Council Workshop for the month of February for a number of miscellaneous business items. Motion by Trude, Seconded by Bukkila, to schedule a February Council workshop for February 22, 2011 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT Mr. Dickinson updated the Council on the administration and city department activities, update on development activity, update on CIP projects and meeting reminders. Mr. Berkowitz updated the Council on snowplowing and facility maintenance. Mr. Berkowitz stated he checked with the County regarding potholes and was told they have 3 crews working on potholes. He reviewed items that will be discussed at the work session. Councilmember Trude asked that accident information be pulled on Crosstown Drive. 10 Mr. Berkowitz stated the only change as to how gravel roads are plowed is that a grader is used first then they are plowed as other roads. Regular Andover City Council Meeting Minutes — January 18, 2011 Page 13 MAYORICOUNCIL INPUT (Mayor's Trail Ride) — Mayor Gamache stated this Saturday, January 22, will be the Mayor's Snowmobile Trail Ride. (Open Skate) — Councilmember Trude stated she and Councilmember Bukkila attended the Open Skate. She stated there were many children there and one thing brought up was to have a hot chocolate vending machine. The Council recessed at 9:55 p.m. to go into a closed session to discuss Open Space Parcel Candidates. PIN #'s 11- 32 -24 -31 -0001; 27- 32 -24 -42 -0002; & 14- 32 -24 -21 -0001 The Council reconvened at 10:20 p.m. Motion by Jacobson Seconded by Knight to adjourn. Motion carried unanimously. The meeting adjourned at 10:20 p.m. © Respectfully submitted, Debbie Wolfe, Recording Secretary ►J Regular Andover City Council Meeting Minutes —January 18, 2011 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JANUARY 18, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Debt Service Payments ................................................... ............................... 2 Item 4 Order Feasibility Repord10 -30 /Crosstown Drive NW Reconstruction(See Resolution R002 -11) ....................................................................................... ............................... 2 Item 5 Order Improvement/Order Plans & Specs /11- 4/2011 Seal Coating (See Resolution R003-1 1) ....................................................................................... ............................... 2 Item 6 Order Improvement/11- 5/2011 Pavement Markings (See Resolution R004 -11) ......... 2 Item 7 Order Improvement/11- 12/2011 Parking Lot Maintenance (See Resolution R005 -11)2 Item 8 Approve 2011 Massage Therapy License /Body Image Inc ........... ............................... 2 Item 9 Approve Application for Exempt Permit/Rum River Chapter of MN Deer Hunters ... 2 Item 10 Accept Contribution/Kwik Trip, Inc. /Andover Fire Department (Resolution R006 -11) ....................................................................................................... ............................... 2 Item 11 Approve Application for Exempt Permit/Andover Boys Lacrosses Booster ............... 2 ANOKA COUNTY SHERRIFF' S DEPARTMENT MONTHLY REPORT . ............................... 2 PUBLIC HEARING /ORDER PLANS & SPECS /11 -2B (GENTHON PONDS) /2011 STREET RECONSTRUCTION (See Resolution R007 -11) ...................................... ............................... 2 PUBLIC HEARING /ORDER PLANS & SPECS /11 -2A (FLINTWOOD STREET NW) /2011 STREET RECONSTRUCTION Motion to Deny (See Resolution R008- 11) ........................... 7 PUBLIC HEARING /ORDER PLANS & SPECS /11 -2C (ROLLING FOREST) /2011 STREET RECONSTRUCTION (See Resolution R009 -11) ...................................... ............................... 8 PUBLIC HEARING /ORDER PLANS & SPECS /11 -2D (EAST BROOK TERRACE & AUDITOR'S SUB. 137)/2011 STREET RECONSTRUCTION (See Resolution RO10- 11).... 9 CONSIDER AMENDMENT TO LIQUOR LICENSING REQUIREMENTS OF CITY CODE 3- 1 & CITY CODE 12 -12 (See Ordinance 404) .......................................... ............................... 10 SCHEDULE FEBRUARY EDA MEETING ................................................ ............................... 12 SCHEDULE FEBRUARY WORKSHOP MEETING .................................. ............................... 12 ADMINISTRATORREPORT ...................................................................... ............................... 12 MAYOR/COUNCIL INPUT ......................................................................... ............................... 13 (Mayor's Trail Ride) .................................................................................. ............................... 13 (Open Skate) .............................................................................................. ............................... 13 10