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HomeMy WebLinkAboutCC September 18, 2001 ~ €I/1) CITY OF ANDOVER W1ltttn ~Zp), 1685 CROSSTOWN BOULEY ARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOYER.MN.US Regular City Council Meeting - Tuesday, September 18,2001 Call to Order-7:00 PM Resident Forum Agenda Approval Approval of Minutes (8/28/01) (9/4/01) Consent Items I. Approve Tax Increment Debt Service Transfer - Finance 2. Utilization of Proceeds/Carlos Avery Fire/200l Budget Adjustment - Finance 3. Adopt Proclamation - Domestic Violence Awareness Month for October 200 I - Administration 4. Consider Proposed 2002 Quad Cities Cable Commission Budget - Administration 5. Receive AMM Housing and Economic Development Policy Recommendations - Administration 6. Accept Public Facility Use Policy - Administration 7. Accept Feasibility Report/Waive Public Hearing/01-20/Devonshire Estates - Engineering 8. Accept Feasibility Report/Waive Public Hearing/01-23/3408 - 142"d Avenue NW/WM - Engineering 9. Approve Change Order # 1/00-37 /Townhomes of Woodland Creek - Engineering 10. Approve Resolution Accepting Street & Utilities/North Valley Ridge - Engineering I I. Approve Plans & Specs/00-1717m A venue Trail - Engineering 12. Declare Cost/Order Assessment RoIV99-37/1680 Andover Boulevard NWIWM & SS - Engineering 13. Declare Cost/Order Assessment RoIVOI-81732 - 140m Lane NWIWM & SS - Engineering 14. Approve Quote/00-36/Makah Street NW & 149'h Lane NW/Storm Sewer Repair - Engineering 15. Accept Resignation/Park & Recreation CommissionlDavid O'Toole - Engineering 16. Approve Appointment/Park & Recreation Commission - Engineering 17. Approve Amended Special Use Permit (Ol-07)/Mining Permit/I 6689 Hanson Blvd. NW - Planning 17a. Authorize Relocation Payment-Eminent Domain Land Acquisition/Water Treatment Plant-Administration 17b. Approve Purchase/Aerial Bucket Truck - Finance Discussion Items 18. Approve Amended SUP/PUD/Alternate Townhome DesignlNature's Run Cont. - Planning 19. Receive Anoka County Sheriff Department Monthly Report - Administration 20. Acknowledge Zoning Code Staff Enforcement Guidelines - Administration 2 I. Winslow Hills Neighborhood Project - Request for City Assistance - Administration 22. Approve Amendment tq Ordinance No. 219, An Ordinance Regulating and Controlling Weeds and Other Harmful Vegetation - Planning 22a. Andover Baseball Association - Presentation - Administration Staff Items 23. Schedule W orkshop/Transportation Issues - Administration 24. Schedule EDA Meeting - Community Development 25. Special Council Meeting-Dates-Scheduling and Confirmation Mavor/Council 26a. Bill's Superette - Planning b. Ultralite Update - Planning c. Executive Session I. Woodland Development Corporation Litigation Payment of Claims Adjournment - - - -... - - ---- ~ a...a.- Luì Lt;to >") \O/.;I..I~I REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 18, 1001 TABLE OF CONTENTS AGENDA APPROV AL............................................................................................................ I APPROVAL OF MINUTES.....................................................................................................2 CONSENT AGENDA Approve Tax Increment Debt Service Transfer ...................................................................2 Consider proposed 2002 Quad Cities Cable Commission budget .......................................2 Receive AMM Housing and Economic Development Policy recommendation.................. 2 Accept Public Facility Use Policy........................................................................................ 2 Resolution R134-01 accepting feasibility/Waiving public hearing/01-20/Devonshire ....... 2 Resolution RI35-01 accepting feasibility/Waiving public hearing/01-2113408 142nd A venue/W atermain ......................................................................................................... 2 Resolution RI36-01 approving change order #1I00-37ffownhomes of Woodland Creek.. 2 Resolution RI37-01 accepting street and utilities/North Valley Ridge............................... 2 Resolution R138-01 approving plans and specs/00-17/Seventh A venue TraiL.................. 2 Resolution R139-01 declaring cost/Ordering assessment rolV99-37/1680 Andover BoulevardlWatermain and sanitary sewer ...................................................................... 2 Resolution R140-01 declaring cost/Ordering assessment ro1V01-81732 I 40th Lane/ Watermain and sanitary sewer ........................................................................................ 2 Approve quote/00-36/Makah Street and 149th Lane/Storm sewer repair............................. 2 Authorize relocation payment - Eminent domain land acquisitionIW ater treatment plant. 2 Approve purchase/Aerial bucket truck ................................................................................ 2 UTILIZATION OF PROCEEDS/CARLOS AVERY FIRE/2001 BUDGET ADJUSTMENT 2 Motion to approve ................................................................................................................ 3 PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH/OCTOBER 2001 Resolution R141-01 proclaiming October as Domestic Violence Awareness Month......... 3 ACCEPT RESIGNA TION/P ARK AND RECREATION COMMISSION/DA VID O'TOOLE M . .. 3 otlOn to accept resIgnatIOn............................................. ................................................... APPOINTMENT/PARK AND RECREATION COMMISSION Motion to appoint Chris DeLaForest to Commission until December 31, 2002 ................. 3 AMENDED SPECIAL USE PERMIT (01-07)/MINING PERMIT/I6689 HANSON BLVD Resolution RI42-01 approving the amended Special Use Permit....................................... 4 AMENDED SPECIAL USE PERMIT/PUD/ALTERNATE TOWNHOME DESIGN/ NATURE'S RUN Motion to table to next meeting ........................................................................................... 4 RRECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT ............ 5 ACKNOWLEDGE ZONING CODE STAFF ENFORCEMENT GUIDELINES.................... 5 Motion to approve the policy ............................................................................................... 6 AMENDMENT TO ORDINANCE NO. 219, AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND OTHER HARMFUL VEGETATION............................ 6 ANDOVER BASEBALL ASSOCIATION - PRESENTATION ............................................ 7 SCHEDULE WORKSHOPffRANSPORT A TION ISSUES Motion to set Tuesday, October 23, 7 p.m., for workshop on transportation issues............ 9 SCHEDULE EDA MEETING Motion to scheduled an EDA meeting on Tuesday, October 2, 6:00 p.m. .......................... 9 .- --~-... - .- Regular Andover City Council Meeting Minutes - September 18, 2001 Table a/Contents Page ii SPECIAL COUNCIL MEETING - DATES - SCHEDULING AND CONFIRMATION Motion to confirm Council work session on September 19, 6 p.m. .................................... 9 Motion to schedule Strategic Planning Workshop on Tuesday, November 13, 7 p.m. ....... 9 Motion to confirrnjoint meeting with Coon Rapids City Council on Thursday, Oct 25..... 9 MAYOR/COUNCIL INPUT Bill's Superette.................................................................................................................... I 0 UltraIite update.................................................................................................................... I 0 Newsletter ........................................................................................................................... 11 PAYMENT OF CLAIMS ........................................................................................................ 11 ADJOURNMENT..,.......,......................................................................................................... 12 - ~._"" CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING -SEPTEMBER 18, 2001 MINUTES The Regular Bi-MonthIy Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September IS, 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, Barry Sullivan City Engineer, Scott Erickson City Finance Director, Jim Dickinson Community Development Director, Dave Carlberg City Administrator, John Erar Others Mayor Gamache asked for a moment of silence to honor those who were killed a week ago in New York City and Washington, DC, to show support to those police, fire fighters and volunteers who are working there, and to show support for the military and leaders of the country in the upcoming events. AGENDA APPROVAL Remove from Consent Items for discussion: Item 2, Utilization ofProceedslCarlos Avery Fire/200 I Budget Adjustment; Item 3, Adopt Proclamation - Domestic Violence Awareness Month for October 200 I; Item 15, Accept ResignationlPark and Recreation CommissionlDavid O'Toole; Item 16, Approve Appointrnent/Park and Recreation Commission; Item 17, Approve Amended Special Use Permit (01-07)/Mining Permit/l6689 Hanson Boulevard NW. Table Item 21, Winslow Hills Neighborhood Project - Request for City Assistance, at the request of the citizen group. Council asked about the use for the aerial bucket truck requested in Item 17b. Mr. Erickson stated it will be used predominantly for tree trimming, bulb replacement and other projects. Council noted in Item 7, Devonshire Estates, the utilities are to be installed by a private contractor and asked if that is a change in policy. Mr. Erickson stated Staff is recommending that change. It is a very small development The expenses would exceed project costs for the City to do it. It is a unique situation that has never been encountered by the City before. Motion by Trude, Seconded by Jacobson, to approve the amended Agenda. Motion carried unanimously. Regular Andover City Council Meeting Minutes - September 18, 2001 Page 2 APPROVAL OF MINUTES August 28, 2001, Special Council Meeting: Corrections as noted by Staff. September 4, 2001, Regular Meeting: Page I, second paragraph, correct spelling of "Kim Mellem". Motion by Knight, Seconded by Jacobson, approval of the August 28 Minutes. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, approval of the September 4 Meeting Minutes. Motion carried on a 4- Yes, I-Present (Orttel) vote. CONSENT AGENDA Item I Approve Tax Increment Debt Service Transfer Item 4 Consider Proposed 2002 Quad Cities Cable Commission Budget Item 5 Receive AMM Housing and Economic Development Policy Recommendations Item 6 Accept Public Facility Use Policy Item 7 Accept Feasibility Report/Waive Public Hearing/01-20/Devonshire Estates (See Resolution RI34-01) Item 8 Accept Feasibility ReportlWaive Public Hearing/O 1-23/3408 I42nd A venue NWlWaterrnain (See Resolution R135-01) Item 9 Approve Change Order #IIOO-37ffownhomes of Woodland Creek (See Resolution RI36-01) Item 10 Approve Resolution Accepting Street and UtilitiesINorth Valley Ridge (See Resolution RI37-01) Item II Approve Plans and Specs/00-17/Seventh Avenue Trail (See Resolution RI38-01) Item 12 Declare Cost/Order Assessment Ro1I/99-3 7/1680 Andover Boulevard NW IW aterrnain and Sanitary Sewer (See Resolution RI39-01) Item 13 Declare Cost/Order Assessment Roll/O 1-8/732 l40th Lane NW lWaterrnain and Sanitary Sewer (See Resolution RI40-01) Item 14 Approve Quote/00-36/Makah Street NW and 149th Lane NW/Storrn Sewer Repair Item 17a Authorize Relocation Payment - Eminent Domain Land Acquisition/W ater Treatment Plant Item 17b Approve Purchase/Aerial Bucket Truck Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. UTILIZATION OF PROCEEDS/CARLOS A VERY FIRE/1001 BUDGET ADJUSTMENT Councilmember Trude asked if there will be enough money left in the budget to perhaps increase the pay for the fire fighters, which was discussed during the budget process. Possibly the money received -- --- ~ -~-.... - ------ Regular Andover City Council Meeting Minutes - September 18, 2001 Page 3 (Utilization of Proceeds/Carlos Avery Fire/2001 Budget Adjustment, Continued) for labor for the Carlos A very wildfires can be used for a pay adjustment. Mr. Dickinson stated those dollars that are not used will be set aside in the fund balance, and the Council can elect to use that fund balance or reallocate them in the budget. Councilmember Orttel stated the Council had asked for a report comparing the contributions the City makes to the fire fighters for pay and toward pension with what other cities do. He agreed this could then be discussed at a future workshop. Mr. Dickinson stated this item can be brought back for Council review but suggested making no modifications to the budget before the end of the year. Motion by Trude, Seconded by Jacobson, approval as presented by Staff (approve a2001 General Fund expenditure budget adjustment to Fire Protection in the amount of $17,000 for purchasing needed equipment for the Fire Department). Motion carried unanimously. ADOPT PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH FOR OCTOBER 1001 Mayor Gamache read the proclamation declaring October of2001 Domestic Violence Awareness Month. Motion by Orttel, Seconded by Knight, that the City Council support the Resolution on Domestic Violation Awareness Month (See Resolution RI41-01). Motion carried unanimously. ACCEPT RESIGNATION/PARK AND RECREATION COMMISSION/DA VID O'TOOLE Mayor Gamache stated Mr. O'Toole has been on the Park Commission for a number of years and has been very involved in many projects, including the building of Sunshine Park. He suggested that a plaque be presented on behalf of the City to honor Mr. O'Toole at the next Council meeting. Councilmember Knight suggested at the beginning of a future workshop that the Council do an exit interview. The Council agreed. Motion by Trude, Seconded by Orttel, to accept Mr. O'Toole's resignation. Motion carried unanimously. APPROVE APPOINTMENT/PARK AND RECREATION COMMISSION Council noted Chris DeLaForest was appointed as an alternate when interviews for the Park and Recreation Commission were conducted earlier this year. Motion by Jacobson, Seconded by Knight, to appoint Chris DeLaForest to fill the term of David O'Toole until December 31, 2002. Motion carried unanimously. - . - ~ -.... - --- Regular Andover City Council Meeting Minutes - September 18, 2001 Page 4 APPROVE AMENDED SPECIAL USE PERMIT (01-07)/MINING PERMIT/16689 HANSON BOULEVARDNW Councilmember Jacobson stated in 1989 the applicant was given a permit. Another one was granted in 1991 and extended to 1996. Now he is asking for another five-year permit, which would be 20 years of mining. That disturbed him, suggesting this should be reviewed on an annual basis. He didn't think there were any other permits that have been extended for 20 years. Councilmember Orttel stated this person is mining on a small scale, not like those taking out all the dirt for a highway project. The dirt is being sold, and he saw no reason to rush this. It seems much better to have it over the 20 years. There have been no complains, so why should the applicant have to come back every year. Mr. Carlberg stated this was a two-year permit in 1989. A ponding area is being created and the dirt is being removed. The City does an annual inspection, and he has always been in compliance. There have been no complaints. The grading has not yet reached the point of completing the originally approved grading plan, and that is why the applicant is asking for another five-year extension. It is a very small-time operation. Two acres is being mined, and it is not visible from Hanson Boulevard. The dirt is taken when it is needed. That is the nature of the business. Ifthere would be a violation of the Permit, Staff would bring it to the Council to revoke it. Councilmember Knight suggested in the future the Council be informed up front that it will be a smaller, slower operation. Councilmember Trude noted the grading is very close to the pipeline easement. She wondered if the pipeline company has seen this and approved it. Mr. Carlberg stated there are regulations of what he can and cannot do regarding the pipeline easement. He didn't know if the pipeline company has been notified, but Staff can notifY them of the close proximity. The grading is not in the easement area. Motion by Orttel, Seconded by Knight, to approve Item 17 as presented with the addition that the Staff notifY the gas company that there is excavation going on near its right-of-way line. (See Resolution RI42-01) Motion carried on a 4- Yes, I-No (Jacobson) vote. APPROVE AMENDED SPECIAL USE PERMIT/PUD/ALTERNATE TOWNHOME DESIGN/NATURE'S RUN, CONTINUED Motion by Jacobson, Seconded by Trude, to table this to the next meeting. DISCUSSION: Councilmember Trude asked if the applicant has been notified that there will only be three Councilmembers at the October 2 meeting. Mr. Carlberg stated Staff is attempting to notifY the applicant that this year is lost for that project. Probably the next time this will be discussed will be the one-year time period for preliminary plat approval which is in February. Councilmember Jacobson pointed out that unless there is a request to extend this again on October 2, it cannot be approved at that meeting. Motion carried unanimously. --- ~ Regular Andover City Council Meeting Minutes - September 18, 2001 Page 5 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave King explained he will now be the City's liaison and provided a brief background of his experience in law enforcement. He reported there were 1,775 calls in Andover in August resulting in 845 incident reports, and he reviewed the number of calls for the various inrractions. Noting the substantial increase in domestics, he stated they do not know the reason for it. Some months are just higher than others. He didn't know if there were any more vehicle break-ins than across the county. Many people leave things available. They have been working the areas that have had a high number of those incidents. The bike patrols have been extremely successful, but that service will be ending at the end of this month. However, they will arrange for patrols of areas along the trails where there may be problems. Council had no further questions or comments. ACKNOWLEDGE ZONING CODE STAFF ENFORCEMENT GUIDELINES Mr. Eraf explained his office in collaboration with Mr. Carlberg and his Staff has developed written guidelines to promote a more consistent, customer-friendly and defensible procedure in zoning code enforcement actions. The guidelines are in place for the handling of complaints received by Staff and those received by the Councilmembers. Councilmember Knight questioned the procedure under Item 5, that all citation letters will be mailed through regular dispatch, along with a certified copy of the letter to the property owner. It is confusing, and the property owners often think they are being cited a second time when they received the second letter. Attorney Hawkins agreed that is normal procedure to ensure that the property owner receives the citation letter. After a brief Council discussion, it was suggested that one of the letters clearly indicate that it is a duplicate letter, so it is not confused as an additional citation. Under Item 2, Councilmember Trude understood the desire to receive complaints in writing and to include a name and address, but there are valid reasons for people wanting to remain anonymous. Mr. Erar explained the reason for the name and address is to make sure the Staff gets the basic information as well as to be able to report back to them on the actions taken by the City. The complaints are treated confidentially. Councilmember Jacobson noted Item I that the code enforcement is only initiated in response to a complaint except where the public health, welfare and safety are involved. He agreed with that philosophy, but he felt the item as written leaves no room for Staff to act when the problem is obvious but no one has complained. He had a problem with the inflexibility, that Staff will never initiate code enforcement. Mr. Erar stated the policy has to be reactive, not proactive. He didn't think the City wants to be in the situation of Staff initiating code enforcement. It puts Staffin the awkward position of having to determine what violations to enforce and which ones to overlook. Councilmember Orttel stated the item as written has been the rule in the City all along. Staff can bring the item to the City Council if it feels there is a problem. Or they can call anyone of the Councilmembers. If Staff is allowed to initiate code enforcement, the problem is where do they draw the line. Now Staff will not get involved unless there is a complaint, or it is a health, safety or - ~ - -.., - -- -- Regular Andover City Council Meeting Minutes - September 18, 2001 Page 6 (Acknowledge Zoning Code Staff Enforcement Guidelines, Continued) welfare issue. He was pleased to see this in writing and complemented the Staff. Mayor Gamache agreed if Staff is allowed to initiate code enforcement, they ~e being asked to make judgments; and it puts them in a precarious position of picking and choosing. Councilmember Trude liked that the residents have to take a stand. If the neighborhood wants to tolerate a high level of ordinance violation, that is their choice. Mr. Carlberg explained another reason for needing the name and address of the person making the complaint is that Staff is not allowed to go on private property. They can seek permission from the person who is complaining to view the violation from their property. Staff does work with the property owner toward compliance and continues to work with him as long as progress is being made. Motion by Trude, Seconded by Orttel, approval of the policy. Motion carried on a 4- Yes, I-Present (Jacobson because he doesn't like Item 1) vote. APPROVE AMENDMENT TO ORDINANCE NO. 119,ANORDINANCE REGULATINGAND CONTROLLING WEEDS AND OTHER HARMFUL VEGETATION Mr. Carlberg explained the Council had asked the Planning and Zoning Commission to review the ordinance to provide a distinction between lawn maintenance requirements for urban and rural lots and to provide a penalty to discourage owners of vacant property to use the City as a mowing service. The current lawn-maintenance ordinance requires all properties to maintain a grass height ofless than twelve inches. There are many rural properties that are partially maintained and some that are not maintained at all. It is unreasonable and undesirable to require property owners to mow several acres on a regular basis, though they should be maintained so as to not cause a problem on adjacent properties. In the urban area, smaller lots that are not maintained can quickly cause problems on adjacent properties that are maintained. Of the 20 complaints regarding lawn maintenance this year, most concerned urban lots. There are four properties that the City has exclusively and consistently maintained over the past several years plus several others that it mows occasionally through the enforcement process. The current Ordinance 106 requires adjacent property owners to maintain boulevard areas in both the urban and rural areas. Mr. Carlberg provided three different scenarios of how the proposed changes to the ordinance would affect various lots in the rural area. There are exemptions for wetlands, storm water ponds, heavily forested areas, etc. Many people are not mowing the boulevards, though the ordinance requires it. Currently the City has been mowing them in the rural areas. The Council will have to determine whether to continue that practice or to enforce Ordinance 106. Councilmember Knight indicated that in some cases, it would require a tractor mower and could be a hardship on the land owner. Mr. Carlberg stated maybe in those cases the policy of the City would be to continue to maintain those areas, but on the platted 2Y2-acre lots, the owner would be required to maintain the boulevards. Ordinance 106 is not before the Council this evening. Several Councilmembers had a concern with requiring the property owner to maintain a 13- foot width in the boulevards in the rural areas and felt that should be discussed further. Regular Andover City Council Meeting Minutes - September 18, 2001 Page 7 (Amendment to Ordinance No. 219, An Ordinance Regulating and Controlling Weeds and Other Harmful Vegetation, Continued) In discussing the three scenarios given, Mr. Carlberg noted that whether or not it is mowed in the rural areas would not be an issue unless the City receives a complaint. Councilmember Orttel felt it would be reasonable to require that the complaint be from an adjacent property owner. The Council generally agreed but suggested the wording in the ordinance require that the complaint be from someone who can visibly see the violation from their property. That could include not only an adjacent property owner but someone who lives across the street. Councilmember Jacobson questioned the definition of "grass". In Section 3, B, bushes would not be allowed unless they were shorter than twelve inches. He asked that that be clarified. Councilmember Orttel noted Section 3, C, I references Ordinance 106. Section 3, C, 3 has no definition of what "lawn area" means. Council referred the item back to Staff to include the modifications suggested this evening. This is to be brought back to the Council at its October 16 regular meeting. ANDOVER BASEBALL ASSOClATION -PRESENTATION Larry Emmerich. 1341 16151 A venue - asked for the Council's support for a premises permit for charitable gambling at Pov's for the Andover Baseball Association. This is something they feel needs to be done right away. With the new high school coming in, they will be needing new equipment and assistance in getting their sports off the ground. He is a Board Member of the Association representing 700 youth. They are also concerned that there is only one baseball field in the City, and they would like to have more fields. He felt the charitable gambling would be a wonderful opportunity for the City of Andover to improve their youth facilities. Kim Mellem. 13760 Zilla Street - noted a list of other Board Members of the Andover Baseball Association. They are a committed group of individuals who are all volunteers. Chuck Schmidt has been the treasurer since 1995 and was very involved with the committee to secure the new high school. Five of the board members have been on the board for at least five years, so they have long- term stability. She has had three years experience with charitable gambling through their hockey association. The association has been non-profit since 1994. There has and continues to be tremendous growth of the program. Their reason for wanting charitable gambling is for the children. They began talking about this in August, 2000, and they are now ready to go. They have voted to contribute at least 50 percent of the proceeds to the multi-sports complex. They would also look to partner with the City to improve baseball fields and reduce participation costs, as well as contribute to other Andover organizations. They would operate the program with a high degree of integrity and wouldn't let the community down. Regular Andover City Council Meeting Minutes - September 18, 2001 Page 8 (Andover Baseball Association - Presentation, Continued) Ms. Mellem stated they would like to start as soon as possible but need a premises permit fÌ'om Pov' s to do so. The owner has been approached by three interested parties and doesn't want to make that decision but instead wants a recommendation from the City. He is leery because of what has happened in the past. There are two other organizations that have shown an interest, but they believe Andover Baseball and their status to be the most reliable. They are asking for the City's support in securing a premises permit at Pov's. Council discussion was on the procedure. Attorney Hawkins stated normally the establishment would offer the premises permit. Then the organization would come to the City for a recommendation for a gambling license. The Council would make comments to the State based on the minimum criteria of the ordinance. The State would then issue the gambling license. The establishment must work with the group, so it should be making the decision of which group it wants to issue a premises license. It becomes a business relationship. If the Council makes that decision, it is taking on a lot more problems when it doesn't have the authority to issue the gambling license. Mr. Erar also advised that by making a recommendation of one organization over another, there could be significant misgivings in terms of allegations of favoritism. It was his opinion the bar owner needs to make the decision to allow whatever group that meets the criteria into his establishment. He recommended against making a recommendation in an attempt to minimize liability to the City and the Council. Councilmember Trude liked the quality of this board. AIl the proceeds would benefit the kids locally. She worked with Chuck Schmidt who is a person of high integrity. She has been advised by the local Charitable Gambling Manager that the City should make a recommendation. She is looking for a quality group. She has no connection with this group other than meeting them in the community as a volunteer. She sees quality here that is unmatched. Councilmember Knight liked the idea that they have done their homework and are ready to go. All three groups are reputable, but the others have not approached the Council. Councilmember Orttel noted the City doesn't have standards for this. If the Council made a decision, it would be primarily political, and he was not sure this should be politicized. However, they haven't seen any other proposals. Mayor Gamache stated he knows people on the Board and has worked with Mr. Schmidt. They are a well run organization and league. He also met with members of the Andover Athletic Association and with the fire fighters. Both groups requested to talk to him and both have expressed an interest in charitable gambling. He told them the same thing being said here tonight, that it is their responsibility as an organization to get the premises license fÌ'om the bar owner. He felt all three organizations fit the criteria in the ordinance, so all ofthem could be approved. He also met with the bar owner. He told the owner that it was his decision to make. It is a business decision. The Mayor stated he is not working for any organization but met with individuals at their request. He was not sure if the other two organizations are as far along in the process as Andover Baseball. Councilmember Orttel hoped that one of the considerations for the bar owner would be to get this up and running as soon as possible. There are great people in all organizations. He likes what he sees -. - --.., - --- Regular Andover City Council Meeting Minutes - September 18, 2001 Page 9 (Andover Baseball Association - Presentation, Continued) here but also noted he hasn't seen anything from the others. It appears the integrity and goals of this organization are superb. He urged Andover Baseball to pursue this further as quickly as possible. Frank Kellogg, Chair of the City of Andover Multi-Use Sports Complex Task Force - asked about the legal ramifications of the Council making a decision. Based on what he's seen, the Task Force has something to gain by this. If they move forward, money will be needed for plans. Supporting this group would be a win-win situation. The Association is not asking the City to create a deal for them. They are looking for a recommendation to give them the ability to go to Pov's with some assurance that the City agrees that this organization is reputable. Attorney Hawkins again noted the Council can make a recommendation, but he would advise against it because they don't have the authority to make the decisions. The licensing is done by the State. He stated he would have to check the specific language of the law on whether the City "approves" or "issues" the premises permit. Mr. Erar advised from an administrative standpoint, it is not something the Council wants to assert itself politically. It can create a perception in the community that certain groups are favored over others. After further discussion, the Council generally agreed not to make a recommendation or to help in the negotiations in obtaining a premises permit. SCHEDULE WORKSHOPffRANSPORTATION ISSUES Motion by Orttel, Seconded by Trude, to set Tuesday, October 23, 7 p.m. for a workshop on transportation issues. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Orttel, Seconded by Trude, to schedule an EDA meeting on Tuesday, October 2, 6:00 p.m. Motion carried unanimously. SPECIAL COUNCIL MEETING - DATES - SCHEDULING AND CONFIRMATION Motion by Orttel, Seconded by Trude, to confirm the Council meeting work session tomorrow evening, September 19, 6 0' clock (Team Building Workshop). Motion carried unanimously. Motion by Trude, Seconded by Jacobson, to schedule the Council Strategic Planning Workshop on Tuesday, November 13, 7 p.m. Motion carried unanimously. Motion by Orttel, Seconded by Trude, to confirm ajoint meeting with the Coon Rapids City Council on Thursday, October 25,2001. Motion carried unanimously. -~ Regular Andover City Council Meeting Minutes - September 18, 2001 Page 10 (Schedule Council Meeting - Dates - Scheduling and Confirmation, Continued) Mayor Gamache reported the Mayor of Anoka has expressed an interest in scheduling a joint meeting. Council discussion was to consider that meeting the first part of next year, in either January or February. M4YOR/COUNCIL INPUT Bill's Superette - Council noted the memorandum ITom Mr. Carlberg regarding the history and status ofthe Bill's Superette property located at the southeast corner of Hanson Boulevard and 139th. He stated Staff is trying to get information on the current plans for that site. To initiate a rezoning to Limited Business would not change the use that is being proposed. Attorney Hawkins advised the owners have a vested right to continue with their plans. The more time that expires, the less that claim has merit. The issue is the Special Use Permit for the propane tanks and not for the use itself. Councilmember Orttel agreed it would still be a business area if rezoned. The problem is the proposal of a big 24-hour supermarket. Mr. Carlberg stated he will continue his attempt to contact the owners to get an update of their plans for the area. Ultralite Update - Mr. Carlberg explained the City and Sheriffs Office have received complains relating to ultralite planes in the area of 146th and Prairie Road. Staff has provided the existing regulations for ultralite vehicles, which are regulated by the Federal Aviation Administration. Prohibited and restricted areas refer specifically to air space and are typically associated with air bases or established flight zones. They cannot be operated over any congested area of a city, town or settlement or over any open air assembly of persons. There is currently no specific definition for congested areas, though the FAA believes they do include suburban residential neighborhoods where it would be difficult or impossible for a vehicle to make an emergency landing. Mr. Carlberg also noted it is possible that the continuous takeoffs could constitute a violation of the noise ordinance. Dave Beckstrom. Flight Instructor. 16135 Vintage Street. Andover - stated this is not done as a commercial enterprise. It is private. They follow FAA regulations, and there is nothing that prohibits them from flying in that area. They spoke to the people in that area and no one had any issues. Typically there are two to three residents waiting to watch them land and who express an interest in watching them. Generally they fly only two hours in the evening when there is a wind of 10 mph, possibly two to three times per week. Normally they circle the field to climb to 500 feet and then head north where there is another sod field or west to the park. There is a residential area to the east with mature oak trees, so they try to avoid that area. If they knew who is complaining, they would try to avoid those areas. The property used is about 35 acres. Christine and Adam Winarczvk. 14942 Evergreen Street. Andover - moved to a quiet residential area and the noise ITom the ultralite planes have turned their quiet neighborhood into an airport. She asked that the Council pass an ordinance to prohibit the takeoff and landing of these ultraIite vehicles right behind their home. They are also concerned with the safety because they fly so low. They don't want one of these flying into their deck. They have seen as many as eight on any given evening. The Regular Andover City Council Meeting Minutes - September 18, 2001 Page 11 (Mayor/Council Input - Ultralight Update, Continued) noise is so loud they carmot even talk in their yard. It is a very high intensity sound directly over their houses. Their children carmot sleep at night. Their neighbors are furious, but they didn't know this was going to be on the Agenda this evening or they would have been here also. When she called about the regulations, the person wasn't surprised the City did not have an ordinance. Most cities don't unless there is an accident. She asked that Andover be pro-active in regulating these vehicles. Also, she was told that according to City ordinance, unless it is specifically allowed, it would not be allowed. Many of their neighbors support their position and want to see this activity prohibited. Mr. Winarczyk stated they even fly after sunset. Dean Clossey. 2715 134th - noted he owns the property that is used for takeoff and landing of these vehicles. He wondered how many complaints there have been. He stated Ham Lake has numerous private air strips. There is no licensing or prohibition of ultralite vehicles. If Andover does prohibit them, they could still take off in Ham Lake and fly over Andover air space. They fly at 30 mph and carmot fly at night because they have no lights. The planes do not hover over an area, nor do they buzz over anyone's house. They are trying to fix the problem. Now they carmot fly because ofthe terrorist activities last week. They probably will not fly again until next spring or unless they open up the air space again for ultralite planes. Mr. Beckstrom stated they could fly to the north and avoid their houses completely. They need to do a better job of letting their people know that. They have only had four people up at one time. He denied that they ever had eight people up at one time. Councilmember Orttel didn't feel that safety was a big concern, but the noise is armoying. Councilmember Jacobson felt if it is to be regulated, it would most likely be done under a Special Use Permit. The takeoff and landing is not governed by the FAA, so that might be something the City could do. He asked that that be researched. Attorney Hawkins stated criteria could be set up as is done for any other use. Councilmember Trude thought possibly the use could be limited to the property owner and/or immediate family and guests or limit it two one or two individuals with notification. After further discussion, Mr. Carlberg stated Staff will ask the FAA what direction the City can take and have them investigate the situation. Then, if the Council is interested, Staff can look at the zoning regulations of the landing and takeoff and decide which direction to take. He will report back to the Council at the next meeting. Newsletter- Councilmember Trude asked people let her know if they have some topic that should be addressed in the upcoming newsletter. PAYMENT OF CLAIMS Motion by Knight, Seconded by Trude, the payment of Claims. Motion carried unanimously. - ~..... Regular Andover City Council Meeting Minutes - September 18, 2001 Page 12 The meeting was recessed to hold an Executive Session with the City Attorney regarding the Woodland Development lawsuit, 10:07; reconvened at 10:28 p.m. . Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 10:30 p.m. Respectfully submitted, \¥\~ Cx;:) ~ Marcella A. Peach Recording Secretary -- - - -.., -