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HomeMy WebLinkAboutCC January 16, 2001 ~OJY ~ ~-~-()\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w.· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, January 16,2001 agenda Call to Order-7:00 PM Bookmark Resident Forum Name Agenda Approval Approval of Minutes minutes Consent Items I. Declare Cost/Order Assessment Roll/99-36/Sunridge dcIr9936 2. Approve Resolution Ordering Preparation of Plans & Specs/01-3/Crack Sealing ord013 3. Approve Resolution Ordering Preparation of Plans & Specs/01-4/Seal Coating ordOl4 4. Approve Quotes/Scanning of Utility As-Builts qtscan 5. Request to Appeal Order/93-30/Bunker Lake Blvd. Frontage Road Assessments appeal9330 6. Hire Full-time Public Works Mechanic mechanic 7. Recycling Agreement with Anoka County recycling Oæanizational Items 8. Appoint Standing Committees, Continued committees Discussion Items 9. Anoka County Sheriff Monthly Report/Officer Presentation sheriff 10. Approve Compo Plan Amendment (CPA OO-II)/RU & OS to RM/D.H. Land Company, Continued cpaOOll II. Approve Rezoning (REZ 00-09)R-4 & R-I to M- I/D.H. Land Company, Continued rezOOO9 12. Approve Special Use Permit (SUP 00-1 7)/PUD/Nature's Run/D.H. Land Company, Continued supOOl7 13. Approve Preliminary PlatlNature's Run/D.H. Land Company, Continued pplatnatures 14. Approve Special Use Permit (SUP 00-18)/Area Identification Sign/D.H. Land Company, ContinuedsupOOl8 15. Fire Marshal Discussion fire 16. Accept Feasibility Report/Order Public Hearing/00-5/7lh Avenue Area acpt005 17. Accept Feasibility Report/Order Public Hearing/00-29/Lakeview Terrace & Adjoining Areas acptOO29 18. Approve Request to Pursue Purchasing ParceVAndover Lake andoverlk 19. Discuss Co-cities Community Center/Phase II Feasibility Study/Focus Group/Survey center 20. Approve Amendment to Ordinance No. 258 Regulating Lawful Gambling ord258 Staff Items 21. Schedule Special Meeting - W orkshop/00-15/Water Quality Study mtgOOl5 22. Schedule Board of Review review Mayor/Council Input Payment of Claims Adjournment REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 16,1001 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 2 CONSENT AGENDA Resolution R006-01 declaring cost/Ordering assessment roll/IP99-36/Sunridge ...... 2 Resolution R007-0I ordering plans and specs/IPOI-3/Crack sealing ............... 2 Resolution R008-01 ordering preparation of plans and specs/IPOI-4/Seal coating..... 2 Approve quotes/Scanning of utility as-builts (Cadd/Ængineering Supply) ........... 2 Hire full-time Public Works mechanic (Erick Sohr) ............................ 2 Recycling Agreement with Anoka County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3 APPOINT STANDING COMMITTEES Motion to approve the Mayor's appointments (Personnel, Public Works, Newsletter) ., 3 JOINT LAW ENFORCEMENT COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . ,. . , . ., 3 ANOKA COUNTY SHERIFF MONTHLY REPORT/OFFICER PRESENTATION.. " ., 4 ITEMS 10-14 ON AGENDAlPROPOSED DEVELOPMENT OF NATURE'S RUN Motion to table to next meeting per the developer's request . . . . , . . . . . . . . . . . . . . . .. 4 FIRE MARSHAL DISCUSSION .............................................. 4 Motion to advertise for full-time Fire Marshal/Funding reviewed by Finance Director . 7 ACCEPT FEASIBILITY REPORT/ORDER PUBLIC HEARING/IPOO-5I7TH A VENUE AREA Resolution R009-0 I to accept feasibility/Ordering public hearing ................. 7 ACCEPT FEASIBILITY/ORDER PUBLIC HEARING/IPOO-29/LAKEVIEW TERRACE Resolution RO 10-0 I receiving feasibility/Ordering public hearing ................. 8 REQUEST TO PURSUE PURCHASING PARCEL/ANDOVER LAKE ............... 8 Motion to table to ajoint meeting with the Park Board.. . . . . . . . . . . . . . .. . . . .. .. .. 9 DISCUSS CO-CITIES COMMUNITY CENTER/PHASE II/FOCUS GROUP/SURVEY .. 9 Motion to advertise for members of the focus group .. . . . . . . . . . . . . . . . . . . . . . . . .. 10 AMENDMENT TO ORDINANCE NO. 258 REGULATING LAWFUL GAMBLING Motion to table to a work session. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 REQUEST TO APPEAL ORDER/IP93-30/BUNKER LAKE BOULEVARD FRONTAGE ROAD ASSESSMENTS Motion to authorize the appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. I I SCHEDULE SPECIAL MEETING - WORKSHOP/IPOO-15/w A TER QUALITY STUDY Motion to schedule workshop for February 13, Public Works Building ............ II SCHEDULE BOARD OF REVIEW Motion to schedule Board of Review on April 26 ............................. II MAYOR/COUNCIL INPUT Agenda items ......................................................... II Nuisance houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II House File No. 46/Metropolitan Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 Geotechnical standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 County temporary building. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .. 12 Nature's Run development.. . .. .. . .. . . . . . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . .. 12 Access to high school. . . . . . . . . . . . .. . . . . .. .. . .. . . . .. . . . .. . . . ... .. . . . . . .,. 12 Update on ball fields at the high school. .. . .. . . . . . . . . .. . . . .. . .. .. . . . . . . .. . .. 12 PAYMENT OF CLAIMS ................................................... 13 ADJOURNMENT .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 16,1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, January 16,2001,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Attorney, William G. Hawkins Fire Chief, Dan Winkel City Engineer, Scott Erickson City Finance Director, Jim Dickinson Acting City Adrninistrator, Dave Carlberg Others RESIDENT FORUM Several Andover parents acknowledged former Mayor Jack McKelvey for his dedication, hard work and leadership in assisting the community in achieving its goal in getting a high school sited in Andover. They presented Mr. McKelvey with a framed picture of the ground breaking ceremony of the high school. Mr. McKelvey stated he hoped the high school will bring community pride. The effort was the result of the residents and the City Council, and he is happy to see it all coming together. Stephanie? . 1755 146th Avenue - moved to Andover three months ago. She received a ticket in violation of the ordinance for a habitually barking dog. She is concerned v.ith the process and was shocked to discover that the penalty is not merely the payment of a fine, but she must appear in the Anoka County court for one to three times to resolve the ticket of a barking dog. It is a misdemeanor and a waste of everyone's time. It seems ridiculous to her. She asked the Council to consider changing the ordinance to make the offense payable by fine, which makes more sense. Attorney Hawkins stated it is a misdemeanor under the City's dog ordinance. He spoke to her about this. It doesn't affect the City because he is at the court house anyway, but it does impact the property owner. He explained that while some citations resulting ITom violations of state statutes are payable by fIne, city ordinance violations are not because there are so many cities with so many ordinances. In this instance, he could ask the court to make the violation payable, and he predicted the court would agree. It would still be listed as a misdemeanor. Then the fme could be mailed in without having to go to court unless the ticket was contested. The City doesn't have the ability to make that decision on its own. Normally he meets with the individuals before going to court and the issue is resolved in that manner. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 2 (Resident Forum, Continued) The Council discussed the procedure and felt some consideration should be given to the first one or two violations for barking dogs as something less than having to go to court. The change could either be making it an administrative offense payable to City Hall, or making the first offense a petty misdemeanor, or asking the court to make the violation payable. Attorney Hawkins stated he can look at the options and he can ask the court to issue it as a petty misdemeanor on the first offense. The ordinance would have to be amended. Motion by Knight, Seconded by Jacobson, to so move (have the Attorney look at options and make a recommendation). Motion carried unanimously. Attorney Hawkins stated he will file an appeal in court. Ifthe individual wishes to enter a plea of guilty, it will be certified as a petty misdemeanor. AGENDA APPROVAL Remove Item 5, Request to Appeal Order/IP93-30/Bunker Lake Boulevard Frontage Road Assessments from the Consent Agenda for discussion. Add Item 8a, Joint Law Enforcement Council. Note Items 10-14 regarding the proposed development of Nature's Run will be tabled per the developer's request. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES January 2,2001, Regular Meeting: Correct as written. Motion by Orttel, Seconded by Trude, to approve the January 2,2001, Minutes as written. Motion carried unanimously. CONSENT AGENDA Item I Declare Cost/Order Assessment Roll/IP99-36/Sunridge (Resolution R006-01) Item 2 Approve Ordering Preparation of Plans and Specs/IPOI-3/Crack Sealing (Resolution R007-01) Item 3 Approve Ordering Preparation of Plans and Specs/IPO 1-4/Seal Coating (Resolution R008-0 I) Item 4 Approve Quotes/Scanning of Utility As-Builts (CaddlEngineering Supply - $0.95 per sheet) Item 6 Hire Full-Time Public Works Mechanic (Erick Sohr) Regular Andover City Council Meeting Minutes - January 16, 2001 Page 3 (Consent Agenda, Continued) Item 7 Recycling Agreement with Anoka County Motion by Trude, Seconded by Knight, approval of the Consent Agenda as written. Motion carried unanimously. APPOINT STANDING COMMITTEES Mr. Carlberg reviewed the discussion at the Janwuy 2 meeting on the Standing Committees, at which time it was generally agreed to reduce the committees to Personnel, Public Works as an expansion of the Road Committee and a Newsletter Committee. The Finance Committee is required by ordinance but has never met, though there was an Investment Committee established in 1993. Mr. Dickinson suggested a Finance/Capital Improvement Committee be appointed to help in the process of establishing a capital improvements program. The intent is to establish a Capital Improvement Plan along with an operating budget. That program will require more involvement, and he was not sure the entire Council wished to be involved. If involved, he felt it would be a commitment of one meeting a month through May. Because in the past so many of the issues from committees came back to the full Council for discussion anyway, the Council generally preferred to go through the process as a whole, then decide after the first meeting whether or not to establish a committee. It was agreed to delay appointment to the Finance Committee until after the first meeting on the Capital Improvements Program. Mayor Gamache recommended the following appointments: Personnel Committee: Ken Orttel (Chair) and Mike Gamache Public Works Committee: Don Jacobson (Chair) and Ken Orttel Newsletter Committee: Julie Trude (Chair) and Mike Knight Motion by Jacobson, Seconded by Trude, to approve the appointments as the Mayor outlined. Motion carried unanimously. JOINT LAW ENFORCEMENT COUNCIL In a letter to the Council, Anoka County Sheriff Podany invited the Mayor and one Councilmember to discuss the Joint Law Enforcement Council. Mayor Gamache and Councilmember Jacobson agreed to meet with Sheriff Podany at the meeting on Monday, January 22. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 4 ANOKA COUNTY SHERIFF MONTHLY REPORT/OFFICER PRESENTATION Captain Larry Klink introduced the deputies who will be serving the City of Andover in the year 2001. Each deputy bid on the Andover contract. Councilmember Orttel addressed the deputies, expressing appreciation for the work they do. Captain Klink reported on the December, 2000, police activities in Andover. They had 901 calls for service, which resulted in 724 incident reports. Burglaries are down but there was an increase in domestic assaults. They had 9 snowmobile calls in November and 6 additional complaints in December. Most of the complaints are from south of 16lst and some are trespasses on properties. Councilmember Orttel asked if the types of calls are kept on a data base to be able to show trends and can the City get that information. Captain Klink stated some will depend on enforcement. As the population increases, there will be more damage to properties, theft of autos and burglaries. Andover is a bedroom community with most of its citizens working during the day. They do continue to watch that. They also try to do preventative patrol as well. Councilmember Orttel was surprised there isn't more and felt that is a compliment to the Department. ITEMS 10-14 ON THE AGENDA RELATING TO THE PROPOSED DEVELOPMENT OF NATURE'S RUN Mr. Carlberg stated the direction of the Council at the special meeting on January 9 will require some drastic changes to the plat. The developer needs more time to work through that and to analyze the impacts. The developer has requested the items be re-scheduled for the February 6, 2001, City Council meeting. Motion by Jacobson, Seconded by Orttel, that Items 10-14 be tabled until the next regularly scheduled meeting at the request of the developer. Motion carried unanimously. FIRE MARSHAL DISCUSSION Chief Winkel stated the firefighters work with the Sheriff's deputies every day, and he expressed gratitude for the quality of deputies in Andover. The request from the Fire Department is to advertise for a full-time Fire Marshal position due to the increase in buildings and all the activities in this area. He was hired five years ago to do both the Fire Chief and Fire Marshal positions. It is getting more and more difficult to keep up with both. To guarantee that things are inspected means he has to be out there, and that means he is out of the office 60 percent of the time when he should be doing administrative duties. He started requesting this position in 1997 but the Council wanted to wait. There is a difference between the Fire Chief and Fire Marshal duties. The Fire Chief should concentrate on administrative details of the Fire Department. There are 50 fire fighters responding to about 925 incidents, which requires a lot of paperwork, other fire fighting activities and upkeep Regular Andover City Council Meeting Minutes - January 16, 2001 Page 5 (Fire Marshal Discussion, Continued) of the vehicles. The Fire Marshal will concentrate on inspections, making sure all facilities in Andover are built properly and maintained. After the structure is built, the Building Department no longer has anything to do with it. It is the Fire Marshal that sees that the fire codes are adhered to for the life of that building. The Department also wants to get more involved with the juvenile fire issues in Andover. There are eight to twelve young people starting fires a year. There is a juvenile fire center program in Anoka County, but no one in the Department has time to get involved. Chief Winkle argued the position is a public safety issue. They do public education and safety programs, and they would like to continue it; but that has been reduced because there is not enough Staff available to help. He noted a memo to the Council on a number of options to fund the position. In addition, the municipalities have the ability to charge for some Fire Marshal activities. Most Departments do not charge. Blaine/Spring Lake Park charges insurance companies for vehicle accidents to non-residents. Elk River does the same. He will be researching how much revenue that could generate for Andover. Me. Dickinson stated the salary steps for the position have been formulated based on Stanton averages. Starting salary would be $4 I ,000 to $42,000 plus benefits. Councilmember Trude asked about the possibility of contracting on an hourly rate. Chief Winkel stated he has not looked for contracting with anyone. He felt there is enough work to keep this person busy. For the next two to three years, it will take at least two of them to keep up with everything that is happening, noting the construction of the schools, commercial buildings, developments, etc. Councilmember Jacobson asked if all businesses and public buildings must be inspected by the Fire Marshal each year. What about home businesses? Chief Winkel stated the State Fire Code says inspections must be done on a regular basis. The City got zero points on its ISO rating for inspections because there is no regular program. There would not be inspections of home businesses unless the City Council requires them to do so. Currently his direction from the Council in 1997-1998 was not to inspect home businesses unless there are complaints from neighbors or Councilor Staff hears of a problem. He would not direct the Fire Marshal to inspect them unless they had a complaint or serious problem or direction from the Council. He budgeted for a half-time Fire Marshal, but that person resigned. Councilmember Knight asked about the fees for plan reviews. Chief Winkel stated they would be billing for the time they spend on plan reviews, similar to what the Building and Engineering Departments do. Building permit fees are collected and includes all the fire inspections, but the Department does not receive those funds. He has not determined what would be the amount for fire inspections. Mr. Dickinson stated the inspections are part of the permit; and unless the fees are increased, there would be no increase in revenue to the City. That would only result in a shifting from one department to another. Councilmember Trude asked about the role of the State Fire Marshal and inspections of schools. Why is there such a dire need now? Chief Winkel stated there are a number of people ÍÌ'om the State Fire Marshal that try to get out here, but they too are understaffed. They do inspections ofthe schools about once every three years. He Regular Andover City Council Meeting Minutes - January 16, 2001 Page 6 (Fire Marshal Discussion, Continued) felt they need to get into the schools annually. Every three years is not enough. He has not seen a report from the State regarding Andover Elementary. It doesn't mean they haven't been there, just that he isn't aware of it. Chief Winkel also stated they brought this issue up all through the budget process. He was told to wait until after the election. The part-time person was working 20 hours a week, and it is a huge loss without that person. Prior to that there were two others working about 30 hours per week. Councilmember Jacobson asked if the Chief thinks the need is a public safety issue rather than a personnel issue. Chief Winkel stated absolutely. The Fire Code and making all buildings safe is a public safety issue. Councilmember Trude stated it is really an issue of additional expenses, wishing the new administrator was in the position to help the Council decide. There is a lot of balancing of priorities. Councilmember Jacobson stated this was discussed for the last couple years. He understood the previous Council had said yes to the position but wanted to wait until the new Council so everyone could agree. Councilmember Orttel thought he'd like to have input from the new administrator. Chief Winkel stated this is an extremely busy year, not seeing how he will keep up. Mr. Dickinson stated Andover has a history of hiring people by putting them on contract. That can be done here for several years to handle the influx of work. Chief Winkel said it is hard to tell if anyone would take the position under contract. Other cities hire full time or part time. He didn't know of any that contract for fire inspections. All Fire Marshals in the metropolitan area are funded out of the General Fund, He also felt that this is one position that will always be needed. Councilmember Orttel was concerned with the police powers of this position and getting the right person for it. In that case, a contract may be worth considering. Possibly the ads for the position could go out now with the understanding that the new administrator would still have input into the position. Or possibly some one can be hired on an hourly basis for a short time until the administrator is here. Councilmember Jacobson argued if the Chief and the Council agree there is a need and it is a public safety issue, they should take the leadership and proceed. To keep putting this off like they have done the last six months just to wait for the new administrator to decide is not proper. It will be March before an Administrator is in place, plus it will take several months to get up to speed. If it is a public safety issue, why is the Council afraid to do it? Financially, only half of the position for 2001 must be funded because the other half is already in the budget. In discussing the possibility of sharing the position, Chief Winkel noted most of the surrounding cities do have their own Fire Marshals, often more than one in the larger cities. The Council continued their discussion on what other cities do; deliberating on the best method of establishing the position; questioning whether the need will go beyond the high growth period; thinking a contract person would still get benefits but would contract for a period of time similar to what is being proposed for the administrator position; asking that the revenue source be firmed up but generally disagreeing with charging fees for inspections; expressing concern with the extend to which this person would be exercising his/her authority and its impact on businesses, hoping common sense would prevail and wondering if this is to fill a need for day fire fighters. Mr. Dickinson noted when discussing the 2001 budget, the funding source from additional fees by Regular Andover City Council Meeting Minutes - January 16, 2001 Page 7 (Fire Marshal Discussion, Continued) changing to the 1997 schedule for building fees was to be used for additional staff. If it is used for the Fire Marshal, there would be none available for the other positions discussed. Chief Winkel stated it would be their goal to use common sense in enforcing the rules, not to close businesses. They work with business owners to meet the safety codes. Having another person available for calls during the day is always a benefit. This person would be doing fire fighter duties, plus training and EMS calls. Motion by Jacobson, Seconded by Knight, to authorize the Fire Chiefto advertise for a full-time Fire Marshal with the understanding that the City Council and the new City Administrator would have the ability to interview the applicants with the Fire Chief and assist in the selection of the appropriate person. DISCUSSION: Councilmember Orttel preferred that the City Administrator have a greater consideration in this. He felt that making this decision within weeks of hiring a new administrator may not give him the confidence he/she wants. Councilmember Jacobson again argued that this has been discussed repeatedly. It is a public safety issue, and he felt it hard to believe that a new administrator would disagree with that in the first weeks of hislher tenure. The administrator can make a recommendation on a contract person, but a full-time Fire Marshal is needed now. By the time this person is hired, there will be enough money in the budget to get through this year. Salary and funding would be subject to the budget next year. He is fiscally conservative; but the Fire Chief is saying this is a public safety issue, so if something happens, he would say the Council is not doing their job. Councilmember Jacobson added to the motion "with funding based on review of the Finance Director upon hiring." Second Stands. Motion carried on a 4- Yes, I-No (Orttel -- not against the position but preferring to wait until the new administrator is in place) vote. ACCEPT FEASIBILITY REPORT/ORDER PUBLIC HEARING/IP00-5/7TH A VENUE AREA Motion by Jacobson to approve the Resolution. Motion dies for lack of a Second. Mr. Erickson stated the streets in the area are in tough shape. Before overlaying, the proposal is to meet with the neighborhood prior to the public hearing to discuss municipal utilities and costs and to receive input. This is a City-driven project for improvements, not a petition project. They definitely want resident input before proceeding. Motion by Jacobson, Seconded by Trude, to reinitiate the motion. (Resolution R009-01 receiving feasibility report and calling for public hearing on improvements of 2000 street and utility reconstruction, IPOO-5 in the 7th Avenue Area) Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 8 ACCEPT FEASIBILITY REPORT/ORDER PUBLIC HEARING/IPOO-19/LAKEVIEW TERRACE AND ADJOINING AREAS Mayor Gamache stated this is his neighborhood; so when it comes time to vote on the project itself, he will abstain. Mr Erickson explained they will hold informal meetings with the neighborhood prior to the public hearing to go over the proposal and cost estimates. This is a petitioned project of35 percent for water. The area was also previously identified for the street overlay program. The assessments for water would be levied, but the time of actual connection is up to the resident. There is also a procedure in place for deferring assessments based on the income level. The portion of Gladiola immediately south of Bunker Lake Boulevard and 135th Lane are 22 feet wide. The intent would be to widen them to 28 feet, which is close to the City's standard. He wants to review that with the neighbors as well and review options. They looked at water without the street improvements, but the residents would then pay for half of the street replacement. The proposal is to use street overlay funds for the street work. There will also be a small storm sewer cost. In addition, the Sloth property could be subdivided into four residential lots. He will be meeting with the owners to discuss the assessment, as it is quite substantial. Mayor Gamache asked about the connection to water on the comer lots of Crooked Lake Boulevard. Mr. Erickson stated they would work with the individual property owners and try to get in close to their wells. In some cases it may be closer to connect from the line coming down the street; others may be served from Crooked Lake Boulevard, whichever is more economical They would have to look at each lot to determine whether the water assessment would be from this project or from the Crooked Lake Boulevard project. Motion by Orttel, Seconded by Jacobson, the Resolution (Resolution ROIO-OI receiving feasibility report and calling public hearing on improvements of watermain and streets, IPOO-29 in the Lakeview Terrace and Adjoining Areas.) Motion carried unanimously. APPROVE REQUEST TO PURSUE PURCHASING PARCEVANDOVER LAKE The Council discussed the request from the Park and Recreation Commission to purchase Outlot A in Old Colony Estates from the Coon Creek Watershed District, as they are interested in having a fishing pier constructed at Andover Lake with trails connecting to it from the adjoining neighborhood. The Coon Creek Watershed was not receptive to an agreement to have a fishing pier there but instead preferred selling the parcel to the City. Winslow Holasek stated there are property owners who fish in Andover Lake. At one time it was stocked with fish, but he didn't know what is there now. This is a regional pond. Who would be responsible for its maintenance if the City buys this parcel? The pond is very deep and constructed in stages. He was at the watershed meeting when this Was discussed, and the consensus he received was that they didn't want the liability of a pier. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 9 (Request to Pursue Purchasing Parcel/Andover Lake, Continued) The Council was also concerned with accepting maintenance of Andover Lake, the liability and cost of a pier, with a park along Andover Boulevard because it is a very narrow, busy street and the lack of parking for anyone coming there from outside the neighborhood. Mr. Carlberg suggested this item be discussed at a joint meeting with the Park and Recreation Commission after the new Commissioners have been appointed. The Council agreed. Motion by Orttel, Seconded by Knight, to table the purchase of the parcel on Andover Lake until a joint meeting with the Park Board and City Council. Motion carried unanimously, DISCUSS CO-CITIES COMMUNITY CENTER/PHASE II FEASIBILITY STUDY/FOCUS GROUP/SURVEY Mr. Carlberg outlined the letter from Steve Erickson, BWBR Architects, on the next steps to be taken for the second phase of the feasibility study for the co-cities community center. Phase 2 is to establish a focus group, who will tailor a survey being prepared by Leisure Vision to the City. It is suggested the focus group consist of seven to ten people. The time fuune suggested by Mr. Erickson is very short, though he has explained to Mr. Erickson that the City would not be able to meet that time line. He asked the Council to consider the make up of the focus group and then ways to solicit people. The study originally started with the Cities of Anoka, Ramsey and Andover and the school district. Both the school district and the City of Anoka have dropped out, though Anoka might be willing to provide some dollars if their residents receive a benefit. The Council agreed to proceed with the survey with Ramsey even though it may be shelved. Mr. Carlberg made it clear that establishing the focus group and doing the survey does not commit the City to a community center, nor does it mean the City will go beyond that. This is information gathering only to find out what the people are thinking and to get ideas. Mr. Carlberg continued finding a location for a community center if both Ramsey and Andover proceed will be an issue. When the City of Anoka was involved, the thought was a good location for the center would be where the new library is now off Bunker Lake Boulevard and 7th Avenue. Location may be an issue for the focus group to look at. As far as he knows, Ramsey is still interested. The funding for this phase has already been allocated. It has been an on-going process and this is just gathering information, which would not involve the new City Administrator at this point. He expected the new Andover Today would have an invitation for members to the focus group and the process begun prior to the start of a new administrator. The Council was concerned that the focus group not be an advocacy group. Mr. Carlberg stated definitely not, it is a fact finding, advisory group which will be reviewing the survey by Leisure Vision and tailoring it to Andover. Once the cities finalize the survey, Leisure Vision will mail it out to the residents. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 10 (Discuss Co-Cities Community Center/Phase 11 Feasibility Study/Focus Group/Suvey, Continued) Motion by Trude, Seconded by Jacobson, to advertise in the next Andover newsletter for individuals to be part of a focus group to study this joint city community center project; we will appoint ten members. DISCUSSION: In response to Council concerns, Me. Carlberg again stated the money has been authorized. It will be made clear in the newsletter that this is just a surveying process, and he will fax the Council the article to be put in the newsletter so the Council is comfortable with it before publication. The Council asked that the focus group also ask questions that are unrelated to Ramsey, such as about an ice arena or dome. Also, the possibility of proceeding without Ramsey should be considered. Jack McKelvey explained the survey was discussed at the last meeting with the Ramsey City Council. This is the second phase to find out if the people would support it. At that time Ramsey stated they may be interested in doing it themselves. That is why there will be a focus group for each city. They want to find out if the people would still support it. Motion carried unanimously. APPROVE AMENDMENT TO ORDINANCE NO. 158 REGULATING LAWFUL GAMBLING Councilmember Jacobson noted the ordinance did not go through the Planning and Zoning Commission. With the many changes proposed and because of some concerns he has and conflicts in it, he suggested the item be referred to the P & Z for their consideration and recommendation. Councilmember Trude stated it looks like more groups would have an opportunity for pull tabs, including groups ITom outside the City. She didn't think the goals of outside organizations are the same as the City's. It is a substantial change. Councilmember Knight felt the high school changes the goals of the City on this issue. Discussion was on Page 3, Section 5, where Councilmember Jacobson felt Items bl, 2 and 3 were a catch 22. Councilmember Orttel disagreed but thought this activity is controlled by the state statute. Attorney Hawkins advised there are a number of regulations relating to gambling, so the City does not have cart blanche to do anything it wants. He can give an outline of the state regulations on gambling and what the City can do in terms of regulating this activity. Mr. Carlberg suggested this be discussed at a workshop after receiving the information from the City Attorney. The Council also suggested that the League of Minnesota Cities be contacted Motion by Orttel, Seconded by Knight, to table the discussion of the gambling ordinance to the next available work session. Motion carried unanimously. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 11 REQUEST TO APPEAL ORDER/IP93-30/BUNKER LAKE BOULEVARD FRONTAGE ROAD ASSESSMENTS Councilmember Jacobson asked the Attorney if this appeal would be worth while. Attorney Hawkins felt it is based on the results and findings of the judge. The dollar amounts are clear, and there is a substantial amount of risk. He was confident it is a legal acquisition, and the cost of pursuing this appeal is only about $7,500 to $9,500. He felt they can make a legal argument to the Court of Appeals that the court made an error in its decision. The issue is the method of calculation of benefits and how to look at the parcels. Motion by Knight, Seconded by Jacobson, to authorize Staff to proceed with the appeal. Motion carried unanimously. SCHEDULE SPECIAL MEETING - WORKSHOP/IPOO-15IWATER QUALITY STUDY Motion by Orttel, Seconded by Knight, to schedule a workshop on Tuesday, February 13, 7 o'clock, Public Works Building, water quality study. Motion carried unanimously. SCHEDULE BOARD OF REVIEW Motion by Orttel, Seconded by Knight, to set April 26 for the Board of Review, 7 o'clock. Motion carried unanimously. MAYOR/COUNCIL INPUT Agenda items - Councilmember Orttel suggested when items are pulled from the Consent Agenda that they be discussed immediately after approval of the Consent Agenda rather than at the end of the discussion items. The Council agreed. Nuisance houses - Councilmember Orttel brought up the frustration of residents when things go on at a neighboring house that affect the entire neighborhood such as possible illegal activities in the house, cars coming and going at all hours, parking on the yards, lack of maintenance on the house and in the yards, etc. There are many calls to the police, but there is only so much they can do. Often the owner does not live in the house. He asked for suggestions on what can be done. Often times residents will move because of the frustration. He is also hearing more and more about housing standards in terms of disrepair. Many houses are starting to age; and if they are not taken care of, it becomes a blighted neighborhood. He did not want to see that happen in Andover. Councilmember Trude stated when they had that issue in Mounds View, they started enforcing the nuisance ordinance for housing codes. Those people don't like others showing up all the time writing things down and issuing citations. The procedure was used in St. Paul quite successfully. Regular Andover City Council Meeting Minutes - January 16, 2001 Page 12 (Mayor/Council Input, Continued) Councilmember Knight noted there are two issues, one of neglect and one of illegal activities. Mr. Carlberg stated the City does license rental units, but not single family homes. The City also has the ability through code enforcement zoning to cite some of these items, but it hasn't been enforced. Maybe the City is at that point where there should be enforcement before the neighborhoods deteriorate. He stated they need to look at the ordinances again to address the issues raised by Councilmember Orttel. Jack McKelvey stated the City does have an ordinance holding the owner of the property responsible, and several times the Building Department contacted the owners about issues they were not even aware of. The owners did make the necessary repairs. House File No. 46/Metropolitan Council- Councilmember Jacobson suggested the Staff be directed to draft a letter for the Mayor to sign in support of the file to change the Metropolitan Council. The Council agreed, suggesting the City's State representatives be contacted as well. Geotechnical standards - Councilmember Jacobson stated Mr. Erickson has suggested that when using a geotechnical report, perhaps the threshold should be raised from three to four feet. He suggested that be discussed at a future work session. County temporary building - The Council discussed the county's suggestion to construct a temporary cold storage building, hoping the negotiations would include the traffic signal at Andover Boulevard and Crosstown Boulevard in time for the high school opening. They felt they could work with the county regarding both of those issues. Nature's Run development - Mayor Gamache suggested the Council look at the townhome development on the southeast corner of Hanson Boulevard and Highway 242 with all the pine trees. One of the concerns he saw with Nature's Run is how close it is to Hanson Boulevard and the loss of trees. Under a PUD, one of the benefits the City could require is a barrier of trees between the buildings and the road. Mr. Carlberg stated Staff will look at the Tree Protection Plan. Under the PUD the Council has the flexibility to require additional conifer plantings to help screen the area. Access to the high school- Councilmember Trude was concerned with the pedestrian accesses being provided to the new high school. Andover Boulevard is narrow with no shoulders east of Hanson Boulevard. Consideration of walkers to the new elementary school should also be reviewed. Mr. Erickson stated as part of the work, they will be looking at sidewalks between Hanson Boulevard and Crosstown along Andover Boulevard on the north side. He will bring the issue of a trail east of Hanson Boulevard to the Park Board. They will be relying on the school district on the need for trails in the area of the new elementary school. Update on ball fields at the high school - Councilmember Knight reported the task force has hit a road block in that the school district is saying their water system cannot handle the irrigation of the City's proposed four ball fields. Mr. Carlberg stated a meeting has been scheduled with experts to Regular Andover City Council Meeting Minutes - January 16, 2001 Page 13 (Mayor/Council1nput, Continued) discuss this issue. All options are being evaluated and explored do see what can be done. The next task force meeting is scheduled for January 24. PAYMENT OF CLAIMS Motion by Jacobson, Seconded by Knight, to approve. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:11 p.m. Respectfully submitted, \~~-~~~ Marcella A. Peach Recording Secretary