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HomeMy WebLinkAboutCC May 20, 2003 ~ Cv..v ~ 10 -!J-õ!; CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CIANDOVER.MN.US Regular City Council Meeting - Tuesday, May 20, 2003 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5-06-03 Regular, 5-6-03 Executive Session (2); 4-29-03 Special) Consent Items 2. Approve Payment of Claims - Finance 3, Award Bid/Streets & Utilities!03-2/Woodland Creek Golf Villas (Supplemental) - Engineering 4. A ward Bid/Streets & Utilities!02-47 /Foxburgh Crossing - Engineering 5. Approve Joint Powers Agreement/02-18/7th Avenue (CSAH 7) & 157th Avenue (CSAH 20)ffraffic Signal - Engineering 6. Approve Plans & Specs!02-18/7th Avenue (CSAH 7) & I 57th Avenue (CSAH 20)ffraffic Signal- Engineering 7. Approve Resolution/Allocating Off System Expenditure of City MSA Funds onto County Systems! 02-18/7th Avenue (CSAH 7) & I 57th Avenue (CSAH 20)ffraffic Signal -Engineering 8. Declare Assessments in Default/Order Public Hearing/Sunridge/99-36 - Clerk 9. Approve Executive Session Summary/City Administrator Perfonnance Evaluation -Administration Discussion Items 10. Receive Anoka County Sheriff's Department Monthly Report - Sheriff I I. Crime Watch Coordinator Update - Sheriff 12. Hold Public Hearing/Approve Drainage & Utility Easement Vacation/1411 - 15200 Lane NW - Planning 13. Hold Public Hearing/02-39/Red Oaks Manor 1"-4" Addns. & Unplatted Portions of Sections 33 & 34/Street Lighting - Engineering 14. Order Plans & Specsl02-30/Andover Boulevard Trail Construction - Engineering 15. Premises Pennit/Andover Lions Club Gambling - Clerk 16. County CommunicationIRe1ocation of County Household Hazardous Waste Site - Community Development 17. Award Bond SalefTIF Refunding Bond & PIR Bond - Finance Staff Item 18. Accept April Customer Service Report - Administration 19. Schedule EDA Board Meeting/Andover Station Commercial Development-Administration 20. Schedule City Council W orkshop/Miscellaneous Items - Administration Mayor/Council Input Adjournment Regular Andover City Council Meeting Minutes - May 20, 2003 Page 18 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -MAY 20,2003 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE .....................................................................................................1 RESIDENT FORUM ..................................................................................................................1 AGENDA APPROV AL .............................................................................................................3 APPROVAL OF MINUTES.......................................................................................................3 CONSENT ITEMS Approve Payment of Claims.................................................................................................3 Resolution RI06-03 awarding Bid/Streets & Utilities/03-2/WoodJand Creek Golf Villas (Supplemental) .............................................................................................3 Resolution RI07-03 awarding Bid/Streets & Utilities!02-47/Foxburgh Crossing...............3 Resolution RI08-03 approving Joint Powers Agreement/02-18l7th Avenue (CSAH 7) And I 57th Avenue (CSAH 20)/Traffic Signal.................................................................3 Resolution RI09-03 approving Plans & Specs!02-18I7th Avenue (CSAH 7) and 157th Avenue (CSAH 20)/Traffic Signal..................................................................................3 Resolution Rll 0-03 approving Resolution! Allocating Off System Expenditures of City MSA Funds onto County Systemsl02-8717th Avenue (CSAH 7) and 157th Avenue (CSAH 20)/Traffic Signal..................................................................................3 Resolution R111-03 Declaring Assessments in Default/Order Public Hearing/Sunridge/99-36 3 AWARD BOND SALFJTIF REFUNDING BOND AND PIR BOND Resolution R112-03 to approve the $4m580,OOO bond sale and Resolution R113-03 approving the $1,555,000 Bond Sale ...........................................................................................................4 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received ................................................................................................................................4 CRIME WATCH COORDINATOR UPDATE .........................................................................5 HOLD PUBLIC HEARING/APPROVE DRAINAGE & UTILITY EASMENT V ACATION/1411-152ND LANE NW Resolution R114-03 to Approve Vacation of Easement .......................................................6 HOLD PUBLIC HEARING/02-39/RED OAKS MANOR 1 ST - 4111 ADDmONS & UNPLATTED PORTIONS OF SECTIONS 33 & 34/STREET LIGHTING Motion to table....................................................................................................................... 7 ORDER PLANS & SPECS/02-30/ANDOVER BOULEVARD TRAIL CONSTRUCTION Resolution R115-03 to approve.............................................................................................9 PREMISES PERMIT/ANDOVER LIONS CLUB GAMBLING Resolution Rl16-03 to approve.............................................................................................11 COUNTY COMMUNlCATION/RELOCATION OF COUNTY HOUSEHOLD HAZARDOUS W ASTE SITE...............................................................................................l2 APPROVE EXECUTIVE SESSION SUMMARY/CITY ADMINISTRATOR PERFORMANCE EV ALUA TION ACCEPT Motion to approve..................................................................................................................13 - -. ~ Regular Andover City Council Meeting Minutes - May 20, 2003 Page 19 Regular Andover City Council Meeting Minutes - XX; 2003 Table of Contents Page ¡¡ APRIL CUSTOMER SERVICE REPORT ...............................................................................,14 SCHEDULE EDA BOARD MEETING/ANDOVER STATION COMMERCIAL DEVELOPMENT ..................................................................................................................15 SCHEDULE CITY COUNCIL WORKSHOP/MISCELLANEOUS ITEMS ............................15 MA YORlCOUNCIL INPUT Public Information Session Advertising .............................,..................................................16 County Issues ............. ........................ ......... ............ .......... .................. .............................. .....16 Council Chambers Carpet Cleaning ......................................................................................16 Newsletter Column ................................................................................................................16 YMCA Agreement.................................................................................................................16 Fun Fest Council Booth .........................................................................................................17 Hockey and Methamphetamine Artic1es................................................................................17 Skateboard Park .....................................................................................................................17 Co=unity Center Meeting ..................................................................................................17 ADJOURNlv1ENT ......................................................................................................................17 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - MA Y 20, 2003 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 20, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MinnesotL Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins City Engineer, Dave Berkowitz Assistant City Engineer, Todd Haas Community Development Director, Will Neumeister City Administrator, John Erar Assistant Finance Director, Lee Brezinka Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Chris Scheiber. 3026 16151 A venue, stated they purchased five acres ofIand in Andover a year ago and at that time they checked to see if they could build a pole building on the property and the City told them they could. They checked with the City again in October and were still told it was fme. He met with a few builders over the winter aod this spring came to the City a couple more times for minor things and the City told him to bring them his plan and they would review it. He had the plans drawn and submitted them to City Hall. The plans crossed maoy desks without a problem until it got to the City Inspector's desk at which point they stopped. The inspector told him he did not live on five acres so he could only have an accessory structure the size of the house and he was going to deny the permit with the main reason being there was a road easement along 16151 Avenue and that easement could not be counted as part of the total land he owned. Mr. Scheiber stated everyone was going by the certificate of survey, which indicated he had over five acres of laod, and at this point they have a building lying on the ground in Big Lake and he would like to get a permit so he can build it Mayor Gamache understood that Mr. Scheiber wanted a variance because he thought he owned five acres. Mr. Neumeister stated Mr. Scheiber did not have an accurate survey of the property showing the existing structure, which was ao accessory building already and the Ordinance states on five acres or less ao applicant is permitted a structure up to the foundation footprint of the principal structure Regular Andover City Council Meeting Minutes - May 20, 2003 Page 2 and the existing structure already takes up a fair portion of the main structure percentage. When they reviewed it through the Zoning Department, they did not see there was another structure. The Zoning Department did not have accurate information when they made their judgment so it went back to the building department, which had record of a previous structure on the property. Mayor Gamache stated that if he was at five acres, which he believed he was, then the Ordinance would not kick in. Mr. Neumeister stated he would need to be over five acres and what he understood is he is either just at or under five acres. Mr. Scheiber stated he is 9.9 square feet over five acres. Mr. Neumeister stated the Building Inspector made the decision that the property was at or less than five acres. Councilmember Jacobson stated that if it is nine square feet more than five acres, then it is more than five acres. Mr. Neumeister stated the Building Official looked at the plans and stated the applicant cannot count the street right-of-way in considering the total acreage. Councilmember Knight stated according to the survey, he is over five acres. Mr. Neumeister stated a survey typically goes to the middle of the road so if the right-of-way is included, he would be over five acres. Mr. Schreiber showed a layout of the property to the Council. Discussion ensued regarding if the City should count the right-of-way as part of the total acreage. City Attorney Hawkins stated they need to look at the Ordinance to see what the wording is in regard to easements. Mr. Neumeister read from the Ordinance and it was not clear as to whether an easement could be included or not. The Council asked staff to review this and bring information back to the next meeting. Mr. Ken Chenoweth. 141 Avenue NW. stated he lives by the duplexes where they had the tragedy. He heard there was some talk about doing some work to make them owner/occupied and wanted to know if there was any new information. Mr. Neumeister stated the City has an Ordinance for Rental Licensing and he reviewed the changes with the audience. Ms. Anne Hoag, 2215 1401h Lane NW, stated it was her understanding that some of the landlords that do not occupy the building have allowed their tenants to go to where another landlord on the same block will pick up those tenants. She was wondering if there some way of making sure those neighbors were removed from the neighborhood versus allowing them to rent in the same neighborhood. Mr. Neumeister stated there was discussion about this at the Planning Commission but it was decided not to include this in the revised Ordinance. Ms. Hoag was wondering if the City could consider this. Mayor Gamache stated they could relook at this. Ms. Hoag asked if the City was giving the rental owners the option to sell out and have them as single units. Mr. Neumeister stated the City would be giving out information on whether they would like to be able to split the property to sell each half to separate owners. ~ -- --- Regular Andover City Council Meeting Minutes - May 20, 2003 Page 3 AGENDA APPROVAL Remove from Consent Items for discussion Items 9, (Approve Executive Session Summary/City Administrator Performance Evaluation). Councilmember Jacobson stated item three was removed and a new item took its place which was a denial and rebid. On item five he had a technical question on the cost of the project. It talks about the EVP emitter units for the police and fire but it does not state in the report who would be paying for this. Mr. Berkowitz stated the City would be paying, which is standard procedure. Councilmember Jacobson stated the price is not listed so they would not know how much it would . cost. Mr. Berkowitz stated the amount appears on page four of the joint powers agreement under item fifteen, number thirteen, and it shows the EVP system for $7,000.00 Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES May 6, 2003, Regular Meeting: Correct as written. May 6, 2003, Two Executive Meetings: Correct as written. April 29, 2003, Special Meeting: Correct as written Motion by Jacobson, Seconded by Orttel, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Bid/Streets & Utilities!03,-2/Woodland Creek GolfViIIas (~upplemental). (See Resolution R106-03)-ø r ~ecÍ:. b· ds ~JDbrt -03 6rck.... r~rrSCc:1 p!Clf1S. ",pea.::. , Dbe-03 r ,"G (. rt'~lSw lfu.,s + sf('CS Item 4 A ward Bid/Streets & Utilities!O =47 IF oxburgh't!rossing [iffe ~esorution Rl 01-03) Mu.nd.id Item 5 Approve Joint Powers Agreement/02-18/7th Avenue (CSAH 7) & 157th Avenue 63 -0::':, (CSAH 20)/Traffic Signal (See Resolution RIDS 8J) Iùru.rtd4L b- 3-D3 Item 6 Approve Plans & Specs!02-18/7th Avenue (CSAH 7) & 157th Avenue (CSAH 20)/Traffic Signal (See Resolution R109-03) Item 7 Approve Resolution! Allocating Off System Expenditure of City MSA Funds onto County Systems!02-87/7th Avenue (CSAH 7) & 157th Avenue (CSAH 20)/Traffic Signal (See Resolution Rll 0-03) Item 8 Declare Assessments in Default/Order Public HearinglSunridge/99-36 (See Resolution RIII-03) Motion by Orttel, Seconded by Trude, approval of the Consent Agenda as read. Motion carried -, - - ....-- - Regular Andover City Council Meeting Minutes - May 20, 2003 Page 4 unanimously. AWARD BOND SALElTIF REFUNDING BOND & PIR BOND Mr. Todd Hagen, Ehlers & Associates discussed the bond sales, TIF Refunding Bond and PIR Bond with the Council. Motion by Jacobson, Seconded by Orttel, to approve the Resolution accepting proposal on sale of $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A. Providing for their issuance, and pledging for the security thereof Special Assessments to Kronen and Company, Inc. with a true interest cost of2.2509 percent. (See Resolution 112- 03) Councilmember Knight asked how long Mr. Hagen expects the rates to remain where they are. Mr. Hagen stated he thought the trend was for them to go up and there needed to be a turnaround. Motion carried unanimously. Motion by Orttel, Seconded by Knight, to approve the Resolution accepting proposal on sale of $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B, providing for their issuance, and pledging revenues for the payment thereof Tax Increments. Motion carried unanimously. (See Resolution RIB-03) RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Undersheriff Dave King, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Undersheriff King introduced Lieutenant Tom Wells and discussed his background with the Council. Lieutenant Wells stated he was looking forward to working with the City. Undersheriff King discussed the incident that occurred over the last week with a shooting involving a deputy. Councilmember Jacobson stated when he sees the reports on where the deputy and other people are injured they seem to always end up at North Memorial or HCMC. He wanted to know why they bring them there instead of to Unity or Mercy. Undersheriff King stated he thought the reason for this was because the trauma surgeons are second to none at North Memorial. He stated the deputy fITSt went to Mercy in order to stabilize him and then they airlifted him to North Memorial. Councilmember Trude asked if there was a comment he could make to ease the neighbors' minds because there is a lot of anxiety and rumors. Undersheriff King stated it is difficult to take a stand on this incident because it is still under investigation so he cannot give any facts. They do feel it is an .-~ - --. Regular Andover City Council Meeting Minutes - May 20, 2003 Page 5 isolated incident. Councilmember Knight hoped Undersheriff King would relay the City's appreciation to all the officers. Undersheriff King stated he would relay the information and he wanted the Council to know there were a number of officers from many different cities and departments helping out with the incidents. Mayor Gamache personally thanked Undersheriff King and everyone for keeping the Council updated on what was going on. CRIME WATCH COORDINATOR UPDATE Crime Watch Coordinator Laura Landes from the Anoka County Sheriff's Office presented an update to the Council on her Crime Watch activities within the City. Ms. Landes updated the Council on the bike clinics held recently and the child seat inspections that are ongoing. She also discussed the Safety Camp for this year at Sunshine Park. Ms. Landes stated the Sheriff's Department will have a safety booth at Fun Fest this year and she discussed what items would be there for children. Ms. Landes discussed National Night Out with the Council. She stated currently they are conducting an enforcement wave in Andover in which officers go around to parking lots and look in cars for items that thieves would want to steal and alert people to this. Ms. Landes stated the Sheriff's office recently held liquor compliance training for establishments in Andover. Councilmember Knight asked how many new neighborhoods were added to the crime watch. Ms. Landes stated she has had ten new requests and met with two groups. Councilmember Trude stated some comments she has received is that people are speeding in neighborhoods and she has suggested they start a neighborhood watch but what she understands is there has not been support in the neighborhoods. Ms. Landes stated what she does when the neighborhood does not want to start a neighborhood watch group is to do an education piece with the kids in the rieighborhood regarding wearing helmets and other safety issues. She stated they do direct patrols in the area at certain times to deter speeding. HOLD PUBLIC HEARING/APPROVE DRAINAGE & UTILITY EASEMENT -- Regular Andover City Council Meeting Minutes - May 20, 2003 Page 6 VACATIONIUII - J5:zND LANE NW Mr. Neumeister explained the property owner has provided a survey illustrating the existing and proposed drainage and utility easement. The Engineering Department has reviewed the proposed easement vacation and found that the crosshatched areas on the survey can be vacated without adversely affecting the storm water management plan for Winslow Hills 3rd Addition. Councilmember Jacobson stated he saw a deck in the plans along the dotted line. He asked if the deck was already constructed. Mr. Neumeister stated it has been constructed and is not considered permanent so does not require vacation. Councilmember Trude asked if they were going to have the foundation on the addition high enough in case there is flooding from the pond. Mr. Berkowitz stated they would need to make sure the floor is above the hundred-year flood elevation before they give them a building permit. Councilmember Trude asked if they were concerned about problems with other additions being built in the future. Mr. Neumeister stated the measure here would be the degree of filling and as long as the resident does not fill in the hundred-year flood area, they do not see any repercussions. Councilmember Orttel stated the hundred year flood elevation plan was at 897 and the new one is at 896. He asked if this is a refinement or are they changing this. Mr. Neumeister stated 896 is the hundred-year flood line. Mr. Berkowitz showed a map of the area and explained the difference to the Council. Councilmember Orttel asked what happened to the Ordinance that they have to have a setback from the hundred-year flood. Mr. Berkowitz stated he thought he was talking about the sixteen and a half foot setback requirement when it refers to a wetland. Mr. Haas stated this does not impact an older subdivision, only new subdivisions. Motion by Jacobson, Seconded by Trude, to open the public hearing at 8:09 p.m. Motion carried unanimously. There was no one who wished to address the Council. Motion by Knight, Seconded by Jacobson, to close the public hearing at 8: 1 0 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the proposed vacation of easement with an addition that the property owner build only a post type footing under the proposed porch and no typographic changes be allowed under the area for utility and drainage easements with the porch floor being above the hundred year elevation. Motion carried unanimously. (See Resolution Rl14- 03) ~ - -. - Regular Andover City Council Meeting Minutes - May 20, 2003 Page 7 HOLD PUBliC HEARING/02-39/RED OAKS MANOR IST _4lli ADDITIONS & UNPLATTED PORTIONS OF SECTIONS 33 & 34/STREET LIGHTING Assistant City Engineer Haas stated the City of Andover received a petition last fall ITom the neighborhood to consider installing streetlights within the area. Ann Hoag, resident of Red Oaks, has been the leading resident advocate and is still obtaining resident signatures. Mr. Haas explained the total number oflots that benefit from the installation of streetlights is 175. The estimated cost of such improvement per Connexus Energy is $90,608.73 for Option 1, which includes 24 standard traditionaries and 5 cobra heads on existing wood poles. Option 2 is $116,336.83 for 24 acorns on fluted poles and 5 cobra heads on existing wood poles. Mr. Haas explained the quarterly payment breakdown per option. Mr. Haas stated the improvement will be the responsibility of the property owners and will be billed by Connexus Energy. Councilmember Trude asked why 140th Lane and 14151 A venue were not included. Mr. Haas stated they already have streetlights. Motion by Jacobson, Seconded by Knight, to open the public hearing at 8:15 p.m. Motion carried unanimously. Mr. Paul Olson, 2041 139th Avenue NW, stated he just heard about this issue and he does not care to have a streetlight across ITom his house. He stated kids are in front of his house until it gets dark and if they install the lights, the kids will be out in &ont of his house until eleven at night and he does not want that. Councilmember Trude stated they do have a curfew and if there are problems, he should call the sheriff. Mr. Olson discussed further why he did not want to have streetlights installed. He also expressed his anger at Mr. Haas for sending out a letter requesting the residents to sign a petition for streetlights. He asked what authority Mr. Haas had in writing a letter regarding signing a petition. Councilmember Orttel stated Mr. Haas is an employee of the City and he was only doing what the City Council asked him to do and on the petition, the residents could vote for or against the streetlights. Mr. Richard Kajawa, 2251 139th Avenue NW, stated he is one of the eighteen against this and he is not in the position to payout this kind of money. He has not had any problems in his area with theft or vandalism so he did not know why they need street lights. Mr. Tim Conroy, 2116 139th Avenue NW, stated he purchased a house nineteen houses &om where he grew up and he has managed to survive without streetlights since he was a child. He stated -~ - - - - -- ---~ Regular Andover City Council Meeting Minutes - May 20, 2003 Page 8 streetlights are not going to help with snow plowing. He cannot afford to pay $144.00 a year for lights and he enjoys the moon and stars. He is against installing streetlights also. Mr. Bob Lind, 2077 139th Avenue NW, stated what bothered him about this is they received a letter a month ago regarding this and it has been going on since last fall and no one has contacted him. Councilmember Orttel stated they have to be fair and everyone did have the ability to sign a petition for or against this. Ms. Anne Hoag, 2215 140th A venue, stated she made every effort to contact all of the residents with a letter and going door to door. She stated they now have a crime watch program and over one hundred people in the neighborhood are part of this. She stated it is unfortunate the residents did not get the information but she wanted to let everyone know that she did try to contact everyone. Councilmember Knight asked if there is a special installation cost and then a monthly maintenance cost for the streetlights. Mr. Haas stated it is a consistent quarterly cost for five years and then the only cost will be for electricity. Councilmember Trude stated she thought this was a problem for many residents at this time and she wondered if there were any other options and if they could spread out the cost for a longer period of time. Mr. Haas stated Connexus will finance this and he did not think they wanted to extend the financing. Mr. Berkowitz wanted to let the community know that Mr. Haas is a tremendous asset to the City and he was only doing his job by sending out the letter and he thought Mr. Haas did the right thing by trying to solicit the thoughts of the residents who did not respond to the original petition. Motion by Jacobson, Seconded by Knight, to close the public hearing at 8:33 p.m. Councilmember Trude stated there are yes and no columns on the petitions and the forms are provided by the City for more accuracy and truth. Mr. Conroy asked if the people who already pay for streetlights were included in the petition. Mr. Haas stated they were excluded ITom the petition. Mr. Conroy requested the Council drive down the street to see for themselves what the area is like without street lights before they make a decision. He stated the residents still want to stay in a rural looking area even though it is becoming more suburban. Motion carried unanimously. Councilmember Jacobson noted he was not going to vote because of a conflict of interest. Discussion ensued in regard to getting bids on streetlights for a better, more efficient way of getting the streetlights installed. City Attorney Hawkins explained that they would need to get bids on the project if they were going to charge the cost back to the residents. This would be a requirement per , - ~- .- - - ~-- Regular Andover City Council Meeting Minutes - May 20, 2003 Page 9 Chapter 429. Councilmember Jacobson stated the City could have another party install the street lights but the hook up must come from the local electric supply company. Mr. Erar suggested the Council table this item until the fIrst meeting in June in order to have staff check on the item regarding bidding. Motion by Trude, Seconded by Orttel, to table Item 13 (Hold Public Hearing/02- 39/Red Oaks Manor 151_ 4th Additions & Unplatted Portions of Sections 33 & 34/Street Lighting) until the first Council meeting in June to research the 429 item and financing. Motion carried 4 ayes, 1 abstain (Jacobson). CounciImember Knight asked who sets the heights of the lights and other requirements. Mr. Haas stated it is Connexus who decides this. Councilmember Jacobson stated he wants to let the residents know that if another company installed the lights, Connexus would probably not maintain the lights. CounciImember Orttel stated he assumed any bid brought forward would include a maintenance agreement. Councilmember Trude stated people could still vote on the petition because the item was tabled. Mr. Erar thanked Mr. Haas for all the work he has done on this project and commended him for ajob well done and how professionally he handled himself with the residents. ORDER PLANS & SPECS/02-30/ANDOVER BOULEVARD TRAIL CONSTRUCTION Assistant City Engineer Haas explained the item is in regard to ordering plans and specifications for the construction of a trail along Andover Boulevard NW between Hanson Boulevard NW and Bluebird Street NW and consider a request from the residents that the City remove and relocate their existing fences, which are currently located in the Anoka County right-of-way. Mr. Haas stated this proposed trail is identified in the 2003 CIP as an improvement for this year. An information meeting with property owners along the section of Andover Boulevard NW where the trail is proposed was held. There are 4 lots east of Drake Street NW in which property owners' fences encroach into the Anoka County right-of-way by approximately 13.5 feet. Mr. Haas explained to construct the trail in the appropriate 10cation based on the County's requirements and MnDOT Bikeway Guidelines, the trail must be located as close to the right-of-way line as possible for safety reasons and to avoid any costs with the future reconstruction of Andover Boulevard NW, if and when that happens. Mr. Haas explained the affected property owners have raised the question whether the City Council would be willing to remove and relocate the fences at the City's expense. The City's past practice is ,-- -. Regular Andover City Council Meeting Minutes - May 20, 2003 Page 10 not to pay for any removal or any relocation of fences located off the homeowner's property or in easements where fences are not permitted. Councilmember Trude asked if the first stretch of trail east of Hanson would need to have some fill or if the right-of-way was so far back that they would not have a problem. Mr. Haas stated we would need to fill the existing wetland and should be able to stay under the requirement so mitigation would not be required for the wetland impacts. Mr. Haas described the requirements offences in the City. Mr. Berkowitz stated the fences along the proposed trail are in the County right-of-way. Councilmember Jacobson asked City Attorney Hawkins iflegally the City could remove and replace the fences at a cost to the City. City Attorney Hawkins stated this would not be a public expenditure fund and the City would need to charge the cost back to the residents. Councilmember Orttel asked if the City has the right to remove the fence on the County right-of-way or would the County need to do this. Mr. Berkowitz stated the County would prefer not to have the fence in the right-of-way, so if the City were permitted to build a trail on the County right-of-way, the City would need to remove the fences. Councilmember Orttel asked if the fences were installed before the County took the right-of-way. Mr. Haas stated the right-of-way was taken before the fences were installed. Mr. Berkowitz stated he believed the fences were there to preserve the pine trees. Mr. Steve DeShane, 1481 144tb A venue, has lived at his property for approximately three years and the fence was there before he moved in. It appeared to him that they would be taking down a lot of trees in order to put in a trail and it would make more sense to install the trail on the other side of the street. Councilmember Trude stated the reason they were installing a trail on this side was because more children who are walkers live on the south side. Mr. DeShane asked why they could not install the trail along the curb. Mr. Berkowitz stated the County requests they put the trail as far back along the right-of-way so in the future if the road was increased, they would not need to take the trail and move it to accommodate the wider road. Discussion ensued in regard to saving the pine trees in the right-of-way. Motion by Jacobson, Seconded by Knight, to approve the resolution ordering plans and specifications for Project 02-30, Andover Boulevard Trail Construction and to take into consideration there has been discussion in regard to trying to save the trees along the trails. Motion carried unanimously. (See Resolution RI15-03) PREMISES PERMIT/ANDOVER LIONS CLUB GAMBLING Regular Andover City Council Meeting Minutes - May 20, 2003 Page 11 City Administrator Erar stated the Andover Lions Club has resubmitted a revised premises permit so they can sell pull-tabs at Pov's Sports Bar & Grill. Mr. Erar discussed the information with the City Council Councilmember Trude stated they received a copy of the information that Ms. Gail Roush has taken the gambling manager seminar and test, which she passed. Councilmember Trude stated she thought she was going to see more information regarding the utility bills. Ms. Roush stated she thought they received this last time. Mayor Gamache stated they requested a years worth of bills to review. Mr. Wrobel explained the Lions Club will be audited and the Council will be able to look at the bills at that time. Councilmember Trude recalled the Finance Department mentioning they received the bills and reviewed them. Mayor Gamache stated the concern is to stay within the Ordinance and he wondered what would stop the Lions Club, once a premise permit is approved, not to payout more for rent and utilities if requested from the establishment. Mr. Wrobel stated they needed to meet the City Ordinance and that is all the money the establishment could get for rent and utilities from the Lions Club. Mayor Gamache stated that since they have gone through the classes and understood the scare tactics the State puts them through, the Organization will be putting together a group, which will be handling the charitable distribution. He asked if they have gone through the process of who would be handling this. Mr. Wrobel listed the people who will be on the charitable gambling committee. Ms. Roush stated two members would be signing the checks for safety reasons and a double check system, with a third person listed to sign checks in case one of the two members is unavailable. Councilmember Orttel explained that once the Premises Permit is approved, the Lions Club could add or delete names from the list anytime. Ms. Roush stated they have ten days to change names but they have no reason to do this. Mr. Wrobel stated he came into the organization three years ago and during the two year suspension he has had time to talk to different people and organizations and he carne to the conclusion that they did not have enough control. The main thing he got out of the seminar was that they needed to have more control. Councilmember Trude stated they all have to be aware that there is a tremendous amount of money going through this type of operation so there needs to be a tremendous amount of responsibility and she would want to see a list where the proceeds are being distributed on a regular basis. Councilmember Knight asked if the City could control where the proceeds go. City Attorney Hawkins stated they could set up a trade area and that is the control they have. Councilmember Knight asked if they had control in regard to who sits on the board. City Attorney Hawkins stated he did not think the City would want to get involved in the Organization to that - - - - Regular Andover City Council Meeting Minutes - May 20, 2003 Page 12 degree but they probably have the authority to have notification of changes and a list of the people handling the money. Councílmember Trude stated in other cities she has seen the groups post where the money goes. She stated making the process very open and public would be important to reestablishing credibility. Mr. Wrobel agreed. Ms. Roush described what the gambling group would do for submittal to the Lions Club for approval of expenditures and the club has to make the [mal decision as to where the money would go and what bills should be paid. Mr. Erar described the reporting requirements to the Council per the Ordinance. Councilmember Knight asked if they could present a quarterly report to the Council. Ms. Roush stated she could do this. Mayor Gamache requested the City receive the same report the State receives every month. Discussion continued on the requirements of the Lions Club by the State. The City Council recessed at 9:43 p.m. The City Council reconvened at 9:47 p.m. Motion by Trude, Seconded by Knight, to approve the premises permit allowing the Andover Lions Club to sell pull-tabs at Pov's Sports Bar & Grill. Motion carried 3 ayes, 2 present (Jacobson, Orttel). (See Resolution RI16-03) COUNTY COMMUNICATION/RELOCATION OF COUNTY HOUSEHOLD HAZARDOUS WASTE SITE Community Development Director Neumeister stated Anoka County has expressed preliminary interest in relocating its Household Hazardous Waste facility from Blaine to Andover. County staff has been inquiring about constructing a new building next to the Mosquito Control Building. Mr. Neumeister explained that if allowed the Council would need to review the MUSA area and possibly amend it to include this area for City sewer and water as part of a safety issue. Councilmember Jacobson asked if it was indicated that the waste facility wanted to move because their lease was not extended. Mr. Neumeister stated their lease is up in the fall of 2003 but he indicated to the County that if allowed, they would not be able to move to Andover until the spring -, Regular Andover City Council Meeting Minutes - May 20, 2003 Page 13 of 2004 so they should look into extending their lease. Councilmember Knight asked if they would be located by the shredding operation. Mr. Neumeister explained they would share a new building with Mosquito Control. Mayor Gamache noted the facility would be comparable to a garage you drive into and unload the waste and it is removed from the site within a few days, so there would not be any on site storage. Councilmember Trude stated if the Council would allow them to move their operation to Andover, the City would need to ask the County to install some turn lanes and traffic control. Mr. Neumeister stated that was something that was discussed at the meeting with the County. Councilmember Jacobson stated this is not a small building and he had many questions and concerns. He would like to see the County's approved master plan and if granted there is concern with screening this building ITom the street. Mr, Erar stated half of the eleven thousand square feet would be for mosquito control. Councilmember Orttel stated if the County would move the facility to Andover, he would want them treated like any other commercial operation and pay the same fees and follow all the regulations. Following discussion, Council consensus was to direct staff to get a Master Plan from the County and review traffic issues related to this. Discussion continued in regard to having the Planning Commission look at this item for a Special Use Permit. APPROVE EXECUTIVE SESSION SUMMARY/CITY ADMINISTRATOR PERFORMANCE EVALUATION ACCEPT Councilmember Knight asked to have this removed because he did not know how much it was going to cost and where the money was going to come ITom. Mayor Gamache stated the information regarding Mr. Brimeyer was not part of the evaluation and it should be discussed at a Council workshop. Councilmember Knight stated he has never seen an evaluation going in this direction and he was curious why this one was going that way. He did not understand where the dissenters are put in the position where they need counseling or need intervention. Normally evaluations stand on their own and that is the end of it. He does not know where this is going. Mayor Gamache stated his understanding was that Council felt that they needed to get some things ironed out and that was why he talked to Mr. James Brimeyer. Councilmember Knight stated he did not suggest this; Councilmember Jacobson suggested it. Mayor Gamache stated he -, -- Regular Andover City Council Meeting Minutes - May 20, 2003 Page 14 thought it would be a Council decision if that is what they feel needs to be done to help them move forward. If the Council would decide they do not need consultation, they could decide that later but the decision they are making tonight is to accept the summary and then they should have a Council workshop to decide if they should proceed with mediation. Councilmember Orttel stated he thought the report was pretty neutral and exactly what went on in the Executive Session. Mayor Gamache stated he gave the information to the City Council from Mr. Brimeyer for review purposes only. Motion by Orttel, Seconded by Jacobson to accept Item 9 (Approve Executive Session Summary/City Administrator Performance Evaluation) to accept the summary report accepting the report in full. The Council voted on this item except Councilmember Knight who explained he was voting only to accept what was presented. Councilmember Trude stated she thought he was accepting the "Action Required" part. Councilmember Knight stated he was not accepting that. Mayor Gamache asked ifCouncilmember Orttel was motioning the "Action Required". Councilmember Orttel stated he was motioning just the summary showing they held a review and that was the result and in general they had a majority opinion of a satisfactory performance and they should look in the future at some more interaction to work out the negative parts. Councilmember Knight noted they should scratch the bottom part of the summary. Councilmember Trude stated then she would not have a problem voting on it. Councilmember Orttel stated they already voted on this so he was not going to make a new motion. Councilmemher Knight voted nay along with Councilmember Trude. The Motion carried 3 ayes, 2 nays (Knight, Trude) APRIL CUSTOMER SERVICE REPORT City Administrator Erar presented April's Customer Service Update to the Council. Councilmember Trude wondered how much the City was spending on this to get twenty cards a month. Mayor Gamache stated this is a positive action and was brought up by the Council to have customer service surveys and he felt it was good. He wanted to commend the staff for putting the report together and he thought the information was helpful. Councilmember Trude stated they have a very good staff working with the public but it does take someone to count the reports and they are in a budget crisis. Councilmember Orttel stated they could do this report quarterly and he wondered if the City could accept credit card payments -,- Regular Andover City Council Meeting Minutes - May 20, 2003 Page 15 because the public is used to that. Mr. Erar stated this issue has been discussed and they are looking at having the City's website accept credit card payments in the future. Motion by Trude, Seconded by Orttel to accept April's Customer Service Report. Motion carried unanimously. SCHEDULE EDA BOARD MEETING/ANDOVER STATION COMMERCIAL DEVELOPMENT Motion by Trude, Seconded by Jacobson, to schedule an EDA Board meeting for Tuesday, June 3, 2003 at 6:00 p.m. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOPIMISCELLANEOUS ITEMS Motion by Trude, Seconded by Orttel, to schedule a City Council workshop for Tuesday, May 27,2003 at 7:00 p.m. Motion carried unanimously. MAYOR/COUNCIL INPUT (public Information Session Advertising) - Councilmember Knight stated he wanted to know what methods are being used to advertise the public information session. Mr. Erar stated it is being advertised by a number of different means. He listed all the different publication mediums. (County Issues) - Councilmember Knight asked if they should be responding tonight to Representative DeLaForest and the County issue because he thought there was a timing issue. Councilmember Orttel stated they should. Mr. Erar stated he did respond to him and copied the Council with the revised legislation and Representative DeLaForest indicated he did not see any reason the Council should change their position. Part of the reason was to make sure the position he presented Representative DeLaForest is accurate iri terms of the revised legislation. Councilmember Trude stated she received a call from Senator Debbie Johnson and she asked if the City's position had changed because the County lobbyists had been informing the Senators that a lot of the Cities' positions have been changing post the County Official Meeting. Councilmember Trude responded to her that the last time they had met was at the County Official Meeting and four members were present and three spoke on it and she did not know of any changes. Senator Johnson also talked to the Mayors of Anoka and Ham Lake and they had not changed their positions either. Councilmember Trude indicated she saw the meeting where the Senate voted to include the language that they have the opt-out but not the total opt-out. When they did the math on this, it was not $10 per household but closer to $30 per household. -0 - -- Regular Andover City Council Meeting Minutes - May 20, 2003 Page 16 (Council Chambers Carpet Cleaning) - Councilmember Jacobson stated it was time for the City staff to clean the carpet in the Council Chambers because it is starting to look bad. Mr. Erar stated they have tried to set a date but there have been so many meetings in the Council Chambers that they have not been able to set a date. Councilmember Orttel stated Mr. Erar could shut down the room to get this done. (Newsletter Column) - Councilmember Jacobson stated he is responsible to write the Councilmembers report in the newsletter this month and he noticed an ad ITom the Communications Committee talking about the Community Center. He explained that in his report he is talking about if they go out for a bond, the cost to a homeowner of a $200,000 home would be about $42.00 a year on a seventeen million dollar project and he based that on the preliminary information they received at the last meeting. Councilmember Jacobson stated in the ad ITom the Communications people the cost would range ITom $45 to $55 dollars a year to build the facility. He is very concerned that he is saying one thing and the Committee is saying another thing. He checked with Mr. Erar and he told him they should be consistent. Mr. Erar thought there were still some unknowns. They still do not have a breakdown of how all of the revenue will be allocated. He explained it will probably come in under the $45.00 a year impact but until they have satisfied all of the financial questions and concerns with respect to the pro forma and how it would work with the YMCA, he felt it is better to be safe with respect to the numbers and not let anyone think that it could be at a lower amount. He stated there have been so many numbers that have been thrown out that he thought a range would be a more accurate representation of what that tax impact would be. If the Council wants to go with the lower number, that would be fme, but he thought they should keep it as a range. Councilmember Trude stated she thought a range is important because they have heard some things have not been fmalized yet. Mayor Gamache stated he would prefer the range to be $39.00 to $45.00 a year. Councilmember Jacobson read to the Council what he would write in his report. Consensus by the Council was to write the report stating the range would be $39.00 to $45.00 a year based on a $200,000 house and the higher or lower value homes will pay more or less. (YMCA Agreement) - Councilmember Trude asked if the City Attorney could draft something that is binding with the YMCA because all the City has is the Memorandum of Understanding and if something were to happen where the YMCA would decide to back out, she would want them to pay for some of the work already done. She would like something that would include cost sharing, if they cannot reach an agreement from the Memo of Understanding to the lease agreement. Councilmember Orttel did not think this was normal protocol and he felt they have offended some people at the YMCA already and he does not want to offend anyone else. City Attorney Hawkins stated this is a negotiating issue, not a legal issue but he could draft an agreement if the Council would want him to and if the YMCA would agree to cost splitting but this is not a part of his function and he has not been involved in any discussion with the YMCA at all. - - - Regular Andover City Council Meeting Minutes -'- May 20, 2003 Page 17 Councilmember Orttel asked how the Memorandum of Understanding is done. Are they ever-solid contracts or are they Memorandum of Understanding. City Attorney Hawkins stated most are based on a Memorandum of Understanding, which is a typical way of negotiating. Councilmember Trude stated she does not question anyone's goodwill but the City is the one who is contracting everything. Councilmember Jacobson stated they should get the attorney involved when the contract is almost done and then they have him review it. (Fun Fest Council Booth) - Mayor Gamache stated Fun Fest is coming up in June and it is not an election year but he wondered if any of the Councilmembers would like to have a table where they could be available to the residents for questions and to meet residents. Councilmember Trude stated she had a conflict with that date. The other council members thought it would be a good idea. (Two Articles) - Mr. Erar stated there were two articles he copied the Council on. The first article was on' hockey arenas, which was informational to bring the Council's attention to some of the challenges the City will have with respect to that component. Mr. Erar explained the second article was regarding methamphetamine. He asked the Council to read the article because there is an epidemic associated with this in Anoka County and he thought the article hits the point that this is not only dangerous to the user but to people and public safety officials who respond to the houses. He stated the chemicals are so toxic that they remain in the home and they become a hazardous waste site. The Meth Lab Enforcement Ordinance is critical to allowing the City to respond appropriately to those clean up costs. (Skateboard Park) - Councilmember Knight asked if the Skateboard park has improved. Mr. Erar stated he has not heard of anything and he would check with staffbut he has not heard or noticed anything getting worse. He thought it has leveled out somewhat. (Community Center Meeting) - Mayor Gamache stated the Community Center meeting will be held on Wednesday, June 4, 2003 at 6:00 p.m. at Andover Elementary School in the south gym. Mr. Erar stated the meeting will be taped and will be replayed after the meeting. He stated the meeting would last until 8:00 and then the Council will adjourn there and re-adjourn in the Council Chambers at 8:30 p.m., which will also be taped. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried lI""n;mously. The meeting adjourned at 11 :00 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary - -