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HomeMy WebLinkAboutCC September 17, 2002 ~ CWJ CITY OF ANDOVER W1J±u1 I CJ-I-ó. 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US Regular City Council Meeting - Tuesday, September 17,2002 Special EDA Board Meeting - 6:30 PM Call to order - 7:00 PM Resident Forum a. Citizen Appeal/Dave Olenchak/Pole Barn Removal- Building Inspection ProclamationIDomestic Violence Awareness Month Agenda Approval 1. Approval of Minutes (8-26-02 Budget Meeting; 8-27-02 Special Meeting; 9-3-02 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance . 3. Approve Tournament Application Fonn/North Suburban Mutual Aid Fire Tournament, Continued- Engineering 4. Approve Change Order #l/00-43/Natures Run - Engineering 5. Approve Change Order #3/00-181 Andover Boulevard ExtensionlEVP System for Traffic Signal- Engineering 6. Authorize Appropriation for Capital Outlay Purchases - Finance 7. Approve Tobacco LicenseIFestival Foods - Clerk 8. Authorize Park Improvement Carryovers/Wild Iris Park (02-6) & Sunshine Park (02-2) - Engineering 9. Authorize Change Order/O 1-13N erdin Street Trail Improvements (Supplemental) - Engineering 10. Declare Costs/Order Assessment RolV02-IO/Ashwood Estates (Lots 2 & 3, Block I)/SS & WM- Engineering II. Declare Costs/Order Assessment Roll/02-13/Prairie Acres Addition (Lots I & 2, Block I)/SS & WM- Engineering 12. Reduce Letter of CreditlDeveloper' s Improvements/Devonshire Estates - Engineering 13. Approve Quotes/02-34/2002 Misc. Concrete Curb & Gutter (Supplemental) - Engineering 14. Authorize Traffic Studyll74" Lane NW & Bittersweet Street NW Intersection - Engineering IS. Approve Change Order # 1/99-8/Municipal Well #8 - Engineering 16. Declare Costs/Order Assessment Ro1V00-5A112002 Mill & Overlayl7th Avenue Area - Engineering 17. Approve Quotes/01-2lrrrail on Hanson Boulevard (East Side) South of Crosstown Boulevard (Supplemental) - Engineering 18. Accept Petition/02-37/2856 Bunker Lake Boulevard NW - Engineering Discussion Items 19. Receive Anoka County Sheriff Department Monthly Report - Sheriff 20. North Metro Mayors Assoc. Membership Presentation - Administration 21. Public Hearing! Appeal of Denial of Peddler License - Clerk 22. Approve Fencing Quotes/01-2/Ball Field West of High School (Supplemental) - Engineering 23. Receive Resident Request/Ordinance # I 09 Changes - Community Development Staff Items 24. Multi-Family LicensingIMoratorium Update - Community Development 25. Schedule City Council W orkshops/2003-2007 CIP - Administration 26. Schedule City Council WorkshoplYMCA Community Center Participation -Administration Mavor/Council Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 17, 2002 TABLE OF CONTENTS RESIDENT FORUM ................................................................................................................. 1 Citizen Appeal/Dave OlenchakIPole Barn Removal............................................................ I PROCLAMATION/DOMESTIC VIOLENCE AWARENESS MONTH ................................ I AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES...................................................................................................... 2 CONSENT ITEMS Approve Payment of Claims .... .......................... .... .... ................ .... .... .... ....... ... ..... ......... ...... 2 Approve Tournament Application FormlNorth Suburban Mutual Aid Fire Tournament, Continued .. .... ............ '" .................. ..... ......... ... .... .......... ........ ................. ... 2 Resolution R135-02 approving Change Order #1/00-43INatures Run................................ 2 Resolution R136-02 approving Change Order #3/00-IS/Andover Boulevard ExtensionlEVP System for Traffic Signal...................................................................... 2 Authorize Appropriation for Capital Outlay Purchases ......................................................2 Approve Tobacco License/Festival Foods...........................................................................2 Resolution R137-02 declaring Costs/Order Assessment Roll/02-IO/Ashwood Estates (Lots 2 & 3, Block I)/SS & WM........................................................................ 2 Resolution R138-02 declaring Costs/Order Assessment Roll/02-13/Prairie Acres Addition (Lots I & 2, Block I)/SS & WM.....................................................................2 Reduce Letter ofCreditlDeveloper's Improvements/Devonshire Estates........................... 2 Approve Quotes/02-34/2002 Misc. Concrete Curb & Gutter.............................................. 2 Authorize Traffic Studyl174th Lane NW & Bittersweet Street NW Intersection.................2 Resolution R139-02 approving Change Order # 1/99-S/Municipal Well #S....................... 2 Resolution R140-02 declaring Costs/Order Assessment Roll/OO-5A12002 Mill & Overlayl7th A venue Area...... ...... .... .... ........ ..... .... ........... .... ........... ....... ............. ....... ....... 2 Resolution R141-02 accepting Petitionl02-37/2856 Bunker Lake Boulevard NW............. 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ............... 3 Received................ ....... ........................,... .................... .... ........ ...... ........... ..... ... ..... ........ . ...... 3 NORTH METRO MAYORS ASSOCIATION MEMBERSHIP PRESENTATION ............... 3 AUTHORIZE PARK IMPROVEMENT CARRYOVERSIWILD IRIS PARK (02-6) & SUNSHINE PARK (02-2) ............................................................................................. ....... 5 AUTHORIZE CHANGE ORDERJOI-13/VERDIN STREET TRAIL IMPROVEMENTS..... 5 APPROVE QUOTES/O l-2lrrRAIL ON HANSON BOULEVARD (EAST SIDE) SOUTH OF CROSSTOWN BOULEV ARD ............................................................................... .......6 PUBLIC HEARING/APPEAL OF DENIAL OF PEDDLER LICENSE Motion to Deny Appeal........................................................................................................ 10 APPROVE FENCING QUOTES/01-2/BALL FIELD WEST OF HIGH SCHOOL Motion to approve.......................................................................................................... ....... 11 RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES...................................... 12 MULTI-FAMILY LICENSING/MORATORIUM UPDATE................................................... 12 SCHEDULE CITY COUNCIL WORKSHOP/2003-2007 CIP ................................................ 13 SCHEDULE CITY COUNCIL WORKSHOP/YMCA COMMUNITY CENTER Regular Andover City Council Meeting Minutes - September 17. 2002 Table of Contents Page ii PAR TI CIP A TI ON . ...... ... ... .............. ..... .... .... .............. .... ......... ......... ... ......... .... ... ... ............. ...... 13 MAYOR/COUNCIL INPUT Met Council1ssue with Lake Elmo ......................................................................................13 Rum River Elementary School Dedication........................................................................... 14 9/11 Remembrance Event.....................................................................................................14 Anoka Hennepin Budget Issues ............................................................................................ 14 MET Council Regional Blueprint Meeting...........................................................................14 ADJOURNMENT...................................................................................................................... 14 r--~'!" _.~--... .-.._--~- "-. CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 17, 2002 MINUTES The Regular Bi-Monthly Meeting ofthc Andover City Council was called to order by Mayor Mike Gamache, September 17, 2002, 7:02 p.m., at the Andover City Hall, 1685 CrosstQ\\'I1 Boulevard NW, Andover, Minnesota; Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, and Julie Trude Councilmember absent: None Also present: City Attorney, William Hawkins City Engincer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Will Neumeister City Administrator, John Erar Others RESIDENT FORUM Citizen Appeal/Dave Olenchak/Pole Barn Removal - Mr. Dave Almgren, Andover Building Official, noted Mr. Olenchak came in on September 5, 2002 to discuss the construction of the addition and a connection that was constructed between the two existing pole barns. At the time he was advised that he was in violation of city and state codes and he would have to remove the connection. July 12, 2002 Mr. Almgren talked to Mr. Olenchak by phone. At that time Mr. Olenchak told Mr. Almgren that he had not and did not want to remove the connection. A letter from the City Attorney was sent to Mr. Olenchak regarding the matter. PROCLAMA TIONIDOMESTIC VIOLENCE A WARENESS MONTH Mayor Gamache noted Alexandra House, Inc. has requested that Council support the Alexandra House by proclaiming October as Domestic Violence Awareness Month. He read the proclamation to the public and proclaimed October as Domestic Violence Awareness Month. AGENDA APPROVAL Remove from Consent Items for discussion Items 8, (Authorize Park Improvement Carryovers/Wild Iris Park (02-6) & Sunshine Park (02-2»,9 (Authorize Change Order/Ol-13/Verdin Street Trail Improvements); and Item 17, (Approve Quotes/01-2l/Trail on Hanson Boulevard (East Side) South of Crosstown Boulevard). Regular Andover City Council Meeting Minutes - September 17. 2002 Page 2 Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES August 26, 2002, Budget Meeting: Correct as written. August 27,2002, Special Meeting: Correct as written. September 3, 2002, Regular Meeting: Correct as written Motion by Trude, Seconded by Knight, approval of the August 26, 2002 Minutes. Motion carried unanimously. Motion by Trude, Seconded by Orttel, approval of the August 27, 2002 Special City Council Meeting Minutes. Motion carried unanimously. Motio1l by Jacobson, Seconded by Knight, Approval of the September 3,2002 Regular Meeting Minutes. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Tournament Application FormlNorth Suburban Mutual Aid Fire Tournament, Continued Item 4 Approve Change Order # 1I00-43/Natures Run (See Resolution R135-02) Item 5 Approve Change Order #3/00-18/Andover Boulevard ExtensionlEVP System for Traffic Signal (See Resolution R136-02) Item 6 Authorize Appropriation for Capital Outlay Purchases Item 7 Approve Tobacco License/Festival Foods Item 10 Declare Costs/Order Assessment Roll/02-l0/Ashwood Estates (Lots 2 & 3, Block l)/SS & WM (See Resolution R137-02) Item 11 Declare Costs/Order Assessment RoIll02-13/Prairie Acres Addition (Lots I & 2, Block l)/SS & WM (See Resolution R138-02) Item 12 Reduce Letter ofCreditlDeveloper's Improvements/Devonshire Estates Item 13 Approve Quotes/02-34/2002 Misc. Concrete Curb & Gutter Item 14 Authorize Traffic Study/174th Lane NW & Bittersweet Street NW Intersection Item 15 Approve Change Order #1I99-8/Municipal Well #8 (See Resolution R139-02) Item 16 Declare Costs/Order Assessment RoIll00-5A/2002 Mill & Overlay/7th A venue Area (See Resolution R140-02) Item 18 Accept Petitionl02-37/2856 Bunker Lake Boulevard NW (See Resolution R141-02) - ,-, -' -~ - ----.. . ., Regular Andover City Council Meeting Minutes - September 17. 2002 Page 3 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Commander Dave King, Anoka County Sheriffs Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson stated a couple of meetings ago, they had a group of residents that had complained about a lot of teenage activity in part of the City and he asked what if anything had become of it. Commander King stated he received some reports this morning about assaults and a handgun recently in the neighborhood and he does not see an end in sight. Mayor Gamache asked if they have continued to beef up patrols. Commander King stated the patrols are aware of it but it is difficult to get a hand on it because the incidences arc not going to happen when the patrols are around. Councilmember Orttel stated he talked to a resident who know a lot about what is going on in the neighborhood and many ofthe homes involved are owner occupied. There is a neighborhood watch meeting coming up and the owncr occupied homes involved are upset because they have not been notified of the meetings and they would like to be involved. He stated that there are only three buildings that the problems are coming from and the same person who does not seem to care owns them all. Commander King stated public awareness is key. NORTH METRO MAYORS ASSOCIATION MEMBERSHIP PRESENTATION Mr. Erar explained at the 2002-2003 Council Goal-Setting Workshop, it was discussed that the Council would receive additional infonnation from the North Metro Mayor's Association on the benefits of membership in that organization. He introduced members of the Association to the Council. Mr. Erar introduced Brooklyn Park Mayor Arbogast, Ramsey Mayor Gamac and Executive Vice President Strauss. Brooklyn Park Mayor Arbogast stated she is the president of the Association this year. She discussed the Association with the Council. Ramsey Mayor Gamac stated he is the vice-president of the Association this year and he discussed the importance of Andover becoming a part of the North Metro Mayor's Association. Executive Vice President Joseph Strauss presented infonnation to the Council. He stated they are - - ---~- ---_.-- Regular Andover City Council Meeting Minutes - September 17, 2002 Page 4 currently working on a 2002 - 2004 work plan, which is very detailed and deals with transportation and transit projects. He stated this year they would be holding seven or eight forums inviting all political candidates to participate and discuss municipal issues with the residents. He invited Andover to rcjoin the Association. Councilmember Knight asked if the organization is going to take any position with what the Metropolitan Council has done in Lake Elmo. Mr. Strauss stated they have not at this point but the organization is open to any kind of discussion. Councilmcmbcr Trude stated that it was brought up before that the City's goals are not compatible with the organization's goals. It does not lend itself to the intense development the Met Council advocated through that vehicle and asked where he is regarding this issue. Mr. Strauss stated the board made the decision a couple of meetings ago that livable communities membership in the Met Council was not going to be a mcmbership criteria for being a member in the organization. All other twenty-two members have joined the Met Council as livable communities but they do not demand a city to join. Councilmember Trude asked what they see as their top legislative priorities next year. Mr. Strauss stated their priority would be the State dcficit. Councilmember Jacobson stated they are currently members of a competing orgmization. Their fees for membership are half of what this organization's fees are. For the extra money, what would Andover get from them that they would not get staying in the other association. Mr. Strauss stated AMM has the ability to shift the fees over a larger number of members. He stated their fees are based on a formula. The membership fee is based on two factors, one is population and the second is net tax capacity. The larger communities carry the largest burden and the Board sets the budget every year. Mr. Strauss stated they work well with AMM but AMM cannot do a lot for the northern communities. Mayor Gamache asked Ramscy Mayor Gamac what the advantages are of being a member and a mayor. Ramsey Mayor Gamac stated one advantage is the knowledge they gain when they meet with the locallcgislators. They are able to communicate with them. He stated they could use both AMM and North Metro Mayors to get statistics. He stated he serves on the AMM Board and it is a seven county metro organization. What is disturbing to him is they are constantly looking at the northern suburbs. With North Metro Mayors they have a lot more lobbying that takes a look at the northern suburbs and the problems out here. They need a stronger voice and this has been an opportunity for them. If you do not use the expertise or the information there, what good is the membership. He stated it is important that the Mayors and Councilmembers are there and bccome an active part of the organization. He stated the North Metro Mayor's Association really puts the push on their communities. Councilmember Trude asked if they have played a role in working on the North Star Corridor and Highway 10 because the communities play an important part in this too. Mayor Gamac stated he agreed with her one hundred percent. He is also on the Corridor Board and they cannot believe the traffic coming off of Highway 10. He stated a lot of traffic is coming off Highway 10 because they . ~ . - -- - ---_...--- Regular Andover City Council Meeting Minutes - September 17. 2002 Page 5 can find an alternate route, which is quicker. He stated this is bringing more traffic to the community. Transportation is a major issue they are working on. Councilmember Orttel asked how they handle the board of directors. Mr. Strauss stated the organization is ajoint powers organization. In the joint powers agreement that each member signs, it sets up the membership of the Organization and the Council has the right to appoint two members. Mayor Gamache thanked the North Metro Mayor's Association for discussing the Association with them. He stated transportation is one of the key roles the organization plays in the northern metro area. He stated it sounds like it is an organization that can focus directly in the northern area. Councilmember Trude asked when they set their legislative agenda how they decide the top issues and how could Andover impact the legislative agenda if they joined. Mr. Strauss stated they start six months in advance and have committee meetings to get a document together and circulate it to the cities for comment and then they bring it to the operating committee who would adopt the language and then it goes to the board after that. Mayor Gamache stated one of the actions required is to consider NMMA membership information and discuss the level of interest in joining. Councilmember Jacobson stated they have a budget workshop coming up and they could decide at that time. Councilmember Trude wondered if their priorities line up with Andover's. AUTHORIZE PARK IMPROVEMENT CARRYOVERSIWILD IRIS PARK (02-6) & SUNSHINE PARK (02-2) It was noted this itcm is in regard to the carryover of$15,000 that was approved as part of the 2002 C1P for the purchase of playground equipment at Wild Iris Park and $10,000 that was approved as part of the 2002 CIP for the installation of a small shelter at Sunshine Park. Councilmember Trude stated she had this pulled because she would like the Council to discuss the things that are going well in the City. She wanted to applaud the residents that live near Wild Iris Park because they had advocated a long time in getting the park upgraded. She stated what they have asked the City to do is to hold over the money that would have gone to buy the playground equipment. The neighborhood has put together a flier and they are going around the neighborhood b local businesses to solicit funds for playground equipment and also seeking people to donate time to work in a neighborhood building project. The person in charge of organizing this is Carla Johnson and she wanted to thank her. Mayor Gamache stated this is a great idea imd a good example of how people working together can bring an issue to the City. Motion by Trude, Seconded by Orttel, to approve Item 8 (Authorize Park Improvement Carryovers/Wild Iris Park (02-6) & Sunshine Park (02-2). Motion carried unanimously. ., -0.-- _ ..._ ____~ Regular Andover City Council Mceting Minutes - September 17. 2002 Page 6 A UTHORIZE CHANGE ORDER/Ol-13/VERDIN STREET TRAIL IMPROVEMENTS It was noted that this item is in regard to authorizing a change order with one of the contractors who is already under contract with the City for construction of pedestrian trails in the vicinity of the Rum River Elementary School. Councilmember Trude stated she asked to have this pulled because she wanted someone to go over this as a lot of people that live by this school follow what goes on and she wondered how the bids came in. Mr. Erickson reviewed the plans with the Council for the trails. He stated the pricing carne in favorably. They did have $100,000 budgeted in the trail fund for this and the pricing from North Valley came in at $88,409 for the two trail segments. Councilmember Trude asked if the bid included all the preparation work and the pavement. Mr. Erickson stated it did. Councilmember Trude asked if they would need to take out a lot of trees along the trail. Mr. Erickson stated there are some trees they would need to take out but they would try to minimize this. Councilmember Trude asked if they had any feedback from the public. Mr. Erickson stated he has not had a lot and they did send out a letter to the residents involved. He stated he had one call from a resident and he would be meeting with him individually but he was more curious with where the trail would be going and some tree issues. Motion by Jacobson, Seconded by Knight, to approve Item 9 (Authorize Change Order/Ol- 13Nerdin Street Trail Improvements. Motion carried unanimously. Councilmember Trude asked if Mr. Erickson could put a map on the screen to show where the trails would be going in. Mr. Erickson showed a map of the proposed trails. Mayor Gamache reiterated that Trail C was not included in the proposal. Mr. Erickson stated this was true. Councilmember Orttel stated that they had a resident come to them and state he would allow them to put the trail across his property and he wanted to commend him because they deserve their thanks and he would like a formal commendation. He stated maybe it could be included in the newsletter. APPROVE QUOTESI01-11/TRAIL ON HANSON BOULEVARD (EAST SIDE) SOUTH OF CROSSTOWN BOULEVARD Councilmember Jacobson stated he does not have a problem with the quote or the project but his only concern is they are pulling money from the PIR fund for this if approved. His understanding is the PIR fund is mainly to look at major capital pieces of equipment they could purchase through the fund and asked if they are beginning to use the fund on other projects. Mr. Dickinson stated the PIR fund is used on new developments. He stated these could only be used on assessable projects. He explained what the fund is used for. -- -- - -.- .. Regular Andover City Council Meeting Minutes - September 17. 2002 Page 7 Councilmember Jacobson asked if they were violating their own rules and regulations. Mr. Dickinson stated they were not. Within the PlR fund they track separateJy the most recent bond funds for PIR fund issuance and they track these separately from previous assessment projects. He stated once debt service is paid and assessments are still being received, that is what this is. It is all residual assessments after the debt has been paid. Councilmember Jacobson asked what the amount is in the fund that is available for something like this. Mr. Dickinson stated it varies based on the assessment amount and right now they are looking at $250,000. Councilmember Orttel stated the trail system has its own funding source for rcgional trails and askcd if it would it be reasonable to borrow the money for the trail and then pay it back when there are funds in the trail fund. Mr. Dickinson stated this could be done. Councilmember Orttel stated the trails are supposed to be paid for by the developers. He stated he wanted to keep it all above board and keep it cleaner. Councilmember Trude stated her concern is the fund was zeroed out and they have children walking on busy roads without trails. She stated this is left over money from projects that were assessed. Mr. Dickinson stated this is correct. He stated he supports the payback issue. If the balance got below the $200,000 level he would not recommend using the funds. Councilmember Orttel stated they are in need of these trails and the reason they are doing this is because the County is reconstructing the road. Motion by Jacobson, Seconded by Orttel, to approve Item 17 (Approve Quotes/O 1-2 1 ITrail On Hanson Boulevard (East Side) South of Crosstown Boulevard) and direct staff to prepare the authorizing resolution that is required with the proviso that this is tenned a loan from the fund and would be paid back anywhere within three to seven years and then staff would bring it back. Councilmember Trude stated her concern is the trail fund needs to have money added from the general fund to fund more trails. Motion carried 4 ayes, 1 nay (Trude). PUBLIC HEARING/APPEAL OF DENIAL OF PEDDLER LICENSE City Clerk Yolk stated on July 25, 2002 Austin Diversified Products (ADP) of Harvey, Illinois, applied for a license to go door-to-door selling cleaning products. The license was denied administratively by the City Clerk's Office because previous licenses were violated when people were found to be selling products without having been listed on the license application and were selling past the expiration date of the license. On August 30, 2002 ADP's attorney requested a public hearing before the Council to appeal the denial. ... -~~ -- - -- --~- .. Regular Andover City Council Meeting Minutes - September 17. 2002 Page 8 Ms. Yolk discussed the reason for denial with the Council. Councilmember Jacobson asked City Attorney Hawkins if he believed the City Clerk acted in the proper manner in doing what she did. City Attorney Hawkins stated yes and that the Ordinance section that was relied upon is one which has had an extensive rewrite on it. He stated they made sure it was constitutional and would be enforceable. The Clerk has delineated in the material the times that there has been activity where persons working for the company have engaged in selling without a permit. He stated they did receive an extensive document prepared by Mr. Perry and he has had time to review it and would disagree with the arguments in the letter from Austin Diversified Products' attorney because the city has the authority to regulate this type of activity. Motion by Jacobson, Seconded by Knight, to open the public hearing at 8: II p.m. Motion approved unanimously. Attorney Shane Perry, 5401 Gamble Drive, Suite 270, Minneapolis, stated he has read what was provided by City Attorney Hawkins and has submitted to the Council information that the Ordinance that was passed is not constitutional. He stated the first amendment under the US Constitution as applied to this Ordinance to this City by the fourteenth amendment and by article one, section three, of the Minnesota Constitution, protects commercial speech. He stated the only time an Ordinance can be used to prevent anyone to participate in commercial speech is first if the City has set forth a substantial Governmental interest promoted by specific restrictions and that those restrictions set forth in an Ordinance, advance the governmental interest. He stated Ordinance 250, has no statement of what the substantial Governmental interest is promoted by this Ordinance. As a consequence, it is unconstitutional on its face. There has to be some written statement referencing this md there is not. He stated that ifthere were some governmental interest, every restriction that is placed on a licensee has to advance that substantial Governmental interest. He stated this Ordinance does not enjoy the presumption of Constitutionality. Most Ordinances do but this one doesn't. He stated it does not because it deals with first amendment rights. It is the City of Andover's obligation to prove that the Ordinance is constitutional and it cannot be done. He stated that in order to do it, they would have to show that somehow a gross misdemeanor conviction justifies denying the license in the future. He stated the reasons stated set forth thirteen violations over the years and eight have no relationship or indication that they are from his client. The commerce clause comes into effect along with the piling on effect of going from city to city for the out of state businesses that come to peddle door to door. He stated the package of information is largely comprised of city ordinances from around the region that his client would have to comply with in order to sell within the region. He asked the City Council to overrule the decision of the City Clerk and grant the license. Councilmemher Jacobson asked if Mr. Perry knew if other cities have asimilar ordinance. Mr. Perry stated that every city's ordinances are different. He stated there have been challenges in twelve different jurisdictions for unconstitutionality ofthe ordinances. Councilmember Jacobson asked if under his argument, any city denied a peddlers license to anyone, would he say this would be illegal -. - -. - --- Regular Andover City Council Meeting Minutes - September 17, 2002 Page 9 under his arguments. Mr. Perry stated if the discretion granted for the person making the decision is as broad as it is in the city ordinance here, it is unconstitutional. Councilmember Jacobson asked why the other cities have not changed their Ordinances over the years. Mr. Perry stated this is the first city he has appeared before the City Council challenging the decision. He stated he has been in the context of the district courts and every time he has gotten to the district court, the City has resolved the case in a way that was to the best interest of his client so the challenge has never gone forward. Councilmember Trude asked Ms. V olk if the Company applied for the license to peddle and the City does not give licenses to companies so they asked for a list of names. Ms. V olk stated one of the requirements of the ordinance is that when they apply for a license everyone who is going to be selling in the city has to be listed and then they have the sheriffs office do a background check on them. Councilmember Trude asked if the license is issued to the Company or each individual. Ms. V olk stated they issue it to the company but they also list the individuals. She stated they give separate licenses to each individual that will be selling in the City. Councilmember Trude asked if they are issuing licenses to individuals. City Attorney Hawkins stated that is true. Councilmember Trude stated they do not give a company blanket licenses, they issue individual licenses. City Attorney Hawkins stated that is correct. Councilmember Orttel asked how many licenses we issue in a year. Ms. V olk stated it is anywhere between five and ten a year. Councilmember Orttel asked if they use the same standards for each one. Ms. V olk stated the only way they would deny a license, such as in this case, is the amount of police reports they have had from the individuals selling without a license. City Attorney Hawkins stated the City Clerk does not have absolute discretion. He stated there is a mechanism to have a review in front of five individuals on the appropriateness of the clerk's action. Councilmember Jacobson asked if the Ordinance allow them to deny based upon complaints and individual licensee violations of the Ordinance in the past. City Attorney Hawkins stated yes they do, in Section 2, subdivision B7, which is what the City Clerk relied upon. This would be a basis for denial of license. Councilmember Trude stated that when she read parts of the Ordinance, it indicates that they may deny a license for a number of reasons, isn't this is implied when setting up the conditions that the reason the City does this is because they do not encourage unlawful activity. City Attorney Hawkins stated that is true. Councilmember Jacobson asked Mr. Perry if to the best of his knowledge, representing Austin Diversified Products, they been denied licenses in other cities within Minnesota. Mr. Perry stated they have. Councilmember Jacobson asked how many times. Mr. Perry stated he does not know specifically, but at least two times. Motion by Jacobson, Seconded by Trude, to close the public hearing at 8:30 p.m. Motion carried -. -- - ---~-- -- . - ., -~. - - .~- ---~ -.. Regular Andover City Council Meeting Minutes - September 17. 2002 Page 10 unanimously. Motion by Jacobson, Seconded by Knight, to uphold the denial of peddler license based on the information given in the report. Councilmember Trude stated that based on the large number of police complaints, and what was found in the criminal background checks of some of the salesmen listed, justifies the action. Mr. Perry stated that if this were the opinion of the Council, he would like to address the Council. Mayor Gamache stated this is the opinion of one Councilmember. He stated they have had numerous complaints regarding salespeople not having the correct paperwork with them. Mr. Perry stated eight ofthe thirteen have no mention that Austin Diversified Products was involved; yet all the eight were listed and counted against them in denying the license. He stated that none of the items are related except the last one and this one is not subject to anything in regard to issuing a license. Councilmember Trude listed all the items on the police report pertaining to each of the individuals. She stated their actions could stand on the Ordinance that the City Attorney is willing to defend. Mr. Perry stated that none of these went through a civil process, let alone a criminal process. He stated these are reports without any names attached to them. He stated there was a stop that occurred with a suspicious van and there was not any information as to why it was suspicious. He stated it could be that all the people are black driving around Andover is suspicious enough. He stated to rely on this without an opportunity to rebut or even know who is making the complaints violates his clients' due process rights. Councilmember Jacobson stated the list is compiled based on police reports. Councilmember Knight stated race was never brought up until Mr. Perry mentioned it. Mr. Perry stated all of his clients are black. Mayor Gamache stated in Mr. Perry's opinion, the City does not have the right to enforce its Ordinance, whcreas the Company or individuals working for the company have violated the Ordinance by selling without a license. Mr. Perry stated the City does not have the authority under the first amendment to close them off from free speech for the rest ofthe company's existence. He stated he did not think that a violation from seven years ago from one person could bar a company for life. Councilmember Orttel stated the Ordinance states that violation of City Code is basis for denial. Mr. Perry stated the burden of proof is on the City to prove this is constitutional. Mr. Erar stated in terms of the process that the Council has followed tonight they have closed the public hearing and it is up to the Council to either affirm or overturn the decision and that Mr. Perry has had the opportunity in public hearing. Motion carried unanimously. Regular Andover City Council Meeting Minutes - September 17, 2002 Page II APPROVE FENCING QUOTES/OI-l/BALL FIELD WEST OF HIGH SCHOOL City Engineer Erickson stated the item is in regard to fencing quotes along the west side of the new ball fields west of the new high school. Staff was requested to obtain quotes for the installation of the fencing along the westerly property line. Staffis recommending providing an eight-foot fence on the southerly field and a six-foot fence along the rest of the fields. He stated the lower of two bids was from Century Fence for $10,743.90. Councilmember Knight asked if they looked at the netting prices. Mr. Erickson stated they did not look at the netting prices. Councilmember Jacobson stated they were talking about fencing on the west side at the last meeting and now it goes up and to the east and connects to another fence. He asked if there is a need for the extension to achieve their goal. Mr. Erickson stated it would secure the area and in the future ifthere is some livestock in the area, it would provide additional security for this. Mr. Erickson showed a drawing of the property. Council member Knight stated after listening to the demands at the Park meeting he does not see any alternative to this. Motion by Ortte\, Seconded by Trude, to approve Item No. 22 (Fencing Quotes/01-2/Ball Field West of High School) and Mr. Eveland would clear trees and grubbing where the fence will be installed. Mayor Gamache asked why they are going with an eight-foot fence in one area. Mr. Erickson stated the higher fencing should deflect the foul balls on the one field. The other fields should not ha\e that problem. Councilmember Knight asked Mr. Eveland ifhe has cattle on his property at all times. Mr. Eveland stated he does. Councilmember Knight asked if they should put up signs stating no trespassing or something like this. Mayor Gamache stated staff should talk to Mr. Haas and let him know that no one is allowed over the fences for their safety. Motion carried unanimously. RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES Mr. Neumeister stated an Andover resident has requested that Ordinance #109 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes in the City of Andover. The resident has indicated that numerous times a neighbor has ridden dirt bikes very close ~ --- ----- Regular Andover City Council Meeting Minutes - September 17, 2002 Page 12 to their home and it is very irritating to them. The resident has called numerous times to complain about the neighbor to City Council and Staff. City staff has indicated that it is a rural area in which they live and this is typical of what occurs in those areas. Councilmember Ortte\ asked what the regulation is and if ATV's and snowmobiles arc only regulated on public property. Mr. Neumeister stated he did not have an answer because he did have the regulation with him. Council member Jacobson stated one of the problems in the Ordinance is that the noise has to be over a fifteen-minute period, and with dirt bikes, it varies so much that this would not apply. Mayor Gamache stated the rationale given by the resident needs to be taken into consideration. Mr. Erar stated the item was presented to staff within the last two days and they do not have a lot of staff comment or analysis regarding this. He stated the Council has receipt of this item and information regarding this Ordinance. Mayor Gamache asked Mr. Dickinson if he had any information on the Ordinance in Sherburne County. Mr. Dickinson stated the Ordinance is very controversial and are possibly looking at repealing it. Another issue is enforcing the Ordinance. Councilmember Jacobson stated they should turn this issue over to staff to discuss with the Attorney and come back to the Council with a recommendation. MULTI-FAMILY LlCENSINGlllfORATORlUM UPDATE Mr. Neumeister explained at the August 20, 2002 Council meeting interest was expressed in making additional changes in the City's Ordinance related to multi-family rental housing and the licensing of them. He presented the information to the City Council for discussion. Councilmember Trude stated apartments were referred to in the first bullet and they would prefer them listed as rental units. She wants to make sure this would fall within a special use permit. Councilmember Jacobson stated the Dave Harris project might be converted to rental units because they are not selling well. Mr. Neumeister stated the proposal would be for changing from permitted use to special use in the districts Ml and M2. He stated to go into all rentals as becoming special use would be a problem because they are scattered across a variety of zoning districts. Councilmember Trude stated if someone is going to build a project and turn it into rental, it should go through a permitting process. Mr. Neumeister stated Ml is the category that deals with townhouses and by putting them in this designation; they would have control over to\'iIlhouse units. They would have to get a special use permit in order to be built. ---------~- --. ., Regular Andover City Council Meeting Minutes - September 17. 2002 Page 13 SCHEDULE CITY COUNCIL WORKSHOP/2003-2007 CIP Mr. Erar stated the City Council is requested to schedule two (2) workshops to review, discuss and provide preliminary direction on the acceptability of capital projects designated for completion in the 2003-2007 Capital Improvement Plan (CIP). Similar to the process used last year, the Council is requested to hold two (2) separate workshops to review proposed City department capital improvement projects and a second workshop to meet with the Park and Recreation Commission to review their proposed park improvement projects and the updated NAC Comprehensive Park Study. Motion by Orttel, Seconded by Jacobson, to schedule a City Council workshop for Wednesday, October 9, 2002 and schedule the Joint Meeting with the Parks Commission for November. to discuss CIP projects. Motion carried unanimously. SCHEDULE CITY COUNCIL WORKSHOPIYMCA COJlIMUNITYCENTER PARTICIPATION Mr. Erar statcd the City Council has indicated an interest in holding a meeting with YMCA officials to further discuss issues of general concern that have been raised relative to the YMCA's participation in the proposed community center. Motion by Jacobson, Seconded by Trude, to Schedule a City Council Workshop with the YMCA on Monday, September 23,2002 at 7:00 p.m. Motion carried unanimously. JlfA YOR/COUNCIL INPUT (Met Council Issue with Lake Elmo) - Councilmember Knight stated he thought the action of the Met Council with Lake Elmo was very threatening to cities. He stated they took one of the strongest positions they have ever taken and he has never seen that done before. Councilmember Orttel statw this is a natural progression when they took away the zoning rights and it is an eye opener because the people who passed the legislation did not realize what they had done. He stated in a sense he did not fault Met Council because they were given the right by the legis1ature. Councilmembcr Jacobson asked ifthis did go to court would Andover enter into this as a friend to Lake Elmo to support their position in any potential legal case. Mayor Gamache stated he would consider this if they received more information as to exactly what the entire Met Council decided. Council member Orttel stated there was a large issue on the NMMA regarding the issue of self- determination in regard to rezoning and they were in favor of what the Met Council did. CounciImember Jacobson stated he wanted to put staff on notice that the Council is interested in possibly participating and to keep involved and keep the Council up to date regarding this issue. Councilmember Trude stated that there would be more communities that will be pulled into these -.- Regular Andover City Council Meeting Minutes - September 17. 2002 Page 14 arguments. Councilmember Knight stated they should express an opinion to the League of Minnesota Cities. (Rum Rive¡" Elementary School Dedication) - Mayor Gamache stated there would be a dedication for the new school on October 26, 2002 at 6:30 p.m. (9/11 Remembrance Event) - Mayor Gamache stated that a 9/11 cvent was held by the Anoka County Sheriffs Office and he wanted to thank Fire Chief Dan Winkel for being there and saying a few words what it felt like. He stated he wanted to thank him publicly. (Anoka Hennepin Budget Issues) - Mayor Gamache stated Anoka Hennepin was meeting at Anoka High School regarding budget issues. He thought there was another meeting on Thursday at Champlin Park High School. He stated they are planning on discussing budget cuts if the levy does not pass. Councilmember Trude stated some of the issues are closing a number of elementary schools and cutting classroom teachers and having students pay for everything themselves. (MET Council Regional Blueprint Meeting) - Councilmember Jacobson stated Met Council will be holding a Regional Blueprint Meeting at Bunker Hills Activity Center on Octobcr IS, 2002. He asked if this should this be posted if three or more of the Council attends. City Attorney Hawkins stated if they are just going to a meeting to listen, they do not have to post it. Mr. Neumeister stated he attended an AMM meeting last week that discussed this and he would give the Council a summary of the meeting. ftfotiOIl by Orttel, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary -. - -~-...- --------.--- --,..- - .,~~~-- -- ---~-_.. - .