HomeMy WebLinkAboutWK July 10, 2001
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
Special City Council Workshop - Tuesday, July 10, 2001
Conference Room A
Call to Order-7:00 PM
Discussion Items
1. Anoka County Public Communications System
2. Anoka County Crime Prevention Program
3. Charitable Gambling Ordinance - Discussion
4. Transient Merchant Ordinance - Discussion
Adjournment
CITY of ANDOVER
ANDOVER SPECIAL CITY COUNCIL WORKSHOP - JULY 10,1001
MINUTES
A Special Meeting of the Andover City Council was called to order by Mayor Mike Gamache on
July 10,2001, 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 Clerk, Vicki Volk
Fire Chief, Dan Winkel
City Administrator, John Erar
Others
ANOKA COUNTY PUBLIC COMMUNICATIONS SYSTEM
Anoka County Sheriff Larry Podany and Captain Bob Aldrich were present. Captain Aldrich gave
a presentation on the current communications system, the problems with it and proposed solutions.
The current system is 30 years old, and it is difficult to obtain replacement parts. It is VHF, which
limits the number of channel options. AIl available channels are being used now, so there is no room
to expand. The current system was designed for mobile radios. More police units have shifted to
hand-held systems. Those hand-held units do not get good reception in all areas of the county
because of the old technology ofthe communications system.
Captain Aldrich noted this is not only a problem for Anoka County, but is a state-wide problem.
Over 90 percent of the users in the State use VHF systems, and 30 percent of them will have to
upgrade within the next six years. The main problems in the county are congestion (too many calls
and talk overs), coverage problems and dead spots, interference, covered transmissions and static,
plus an unreliable system because of the old phone lines and old technology. All emergency calls
in the county are dispatched through Central Communications, but calls fÌ'om Columbus Township
are forwarded to the Forest Lake dispatch. There are a limited number of cell phones in the squad
cars, but there are a lot of dead spots in the county for cell phones as well.
Captain Aldrich continued that the recommendations to handle the problems are to add nine new
channels within the next five years to handle the congestion, to add new towers and simulcast to be
able to use multiple towers to get better transmission and coverage, and to replace some phone lines
with microwave links to handle reliability. Under the VHF system, there is no ability to address the
interference problem. Upgrading the current system would cost a significant amount and would
provide only a limited return for only four to five years. Narrowing the band is not available.
Tumbacks would result in possibly two more channels and doesn't take care of the congestion.
Andover Special City Council Workshop
Minutes -July 10,2001
Page 2
(Anoka County Public Communications System, Continued)
Captain Aldrich stated the more reliable option is to go with an 800 Mhz trunked system. That
system would provide several hundred channels, would increase coverage greatly, would remove the
interference they currently experience and will last well into the 21 st century.
Captain Aldrich explained the estimated cost to enhance the current system is $4.75 million, which
will result in a usable life of 10 years. The estimated cost for the 800 Mhz system is $10.9 million.
The $4.75 million will be spent either way, so the 800 Mhz system would cost an additional $6.15
million. This would be for the police and fire calls, not for public works. Mr. Erar stated many cities
are going to the two-way radio and phone system for public works, which is what Andover uses.
Captain Aldrich stated the payment for the alternatives would be either to have a cost sharing
between the county and cities or to have the creation of a special taxing district for public safety. The
special taxing district would need state legislative approval and could be set up for a specific period
of time or indefinitely. Sheriff Podany stated the legislation is being drafted by the county attorney
to set up the special taxing district, and he felt the County Board is leaning toward having that
district for a specific period of time just for this project. This is a state issue, not just a local one and
he will be staying on top ofit. When bonding for the new system, it will also include money for all
communities and the County Sheriff's Department to purchase the new equipment needed to be
compatible with the system. Cities would be responsible for repair and replacement costs in the
future. They are hoping that when it is all done, the costs will be appropriated to each City based on
their own portion. Chief Winkel stated the Fire Department will need mobile and hand-held radio
replacements to be compatible with the new system.
Discussion was on the special taxing district. Councilmember Jacobson was concerned that once it
is established, it will not disappear. Councilmember Orttel thought a possibility would be to have
it remain and take out law enforcement and fire protection from the cities' budgets. Sheriff Podany
stated that was talked about. That way the property owners would know exactly how much of their
tax dollar is going for public safety. After the legislation is drafted, his intent is to contact all
contract cities to review it. Then all city councils and the County Board will have ajoint meeting to
discuss it and make a decision.
Councilmember Jacobson wondered if the 800 Mhz system is the only other one available. Sheriff
Podany stated not every one agrees, but the state is going forward with that system. Politically there
is no other real option. Councilmember Orttel noted the authorities that would oversee the taxing
district do not include any representation for fire departments. Sheriff Podany stated there has started
to be more representation of fire agencies in the last year and a half. There is talk about changing the
Joint Law Enforcement Council to a Public Safety Council to include fire and ambulance. He also
noted the time frame for a new communications system would be two to three years before starting.
The intent is to educate the cities about the problems and options and to get feedback. He also felt
that the costs are going to come down as technology changes. Everyone in the entire country is
dealing with this problem. He asked that people call him with questions, noting his appreciation for
the City of Andover contract. Mr. Erar stated the county has done a good job of keeping the City
informed. No Council decisions were made this evening.
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Andover Special City Council Workshop
Minutes - July 10, 2001
Page 3
ANOKA COUNTY CRIME PREVENTION PROGRAM
Anoka County Sheriff Larry Podany asked the Council about the possibility of a partnership with
his office and other communities on a Crime Watch Coordinator position for the 2002 law
enforcement contract. It would be a full-time position with reports back to the cities. The intent is
to get more citizen information out. The cost would be $64,000, which includes some one-time and
on-going costs, a leased vehicle, salary and benefits. He has included this in his budget but does not
know if the County Board will approve it. He is recommending it as a one-year pilot program. Oak
Grove and Ham Lake have expressed an interest in sharing the position, and his hope would be to
pro-rate the cost of the position by the amount of use each city would want to use it. He has already
made his budget presentation, and he hopes to have feedback from the cities by the end of July or
beginning of August. Most of the work of this person is with people such as working with the block
captains, National Night Out, Operation ID, etc. This person could be housed at the Sheriff's
Department or at specific times in the local City halls.
Mr. Erar stated if the Council supports the program, the new contract with the Sheriff's Department
would include the City's share of the cost. He has talked with the City Administrator of Ham Lake,
who is inclined to support the program but who has not yet communicated with their City Council.
Sheriff Podany stated he is making a presentation to the Ham Lake Council tomorrow night.
The Council was receptive to the program. Mr. Erar stated there will be money in the new budget
for a school liaison. Councilmember Orttel thought the school board had agreed to pay for a school
liaison person. Mr. Erar stated he will check with the school. Councilmember Trude stated her
children have participated in the Counter Act Program at school and noted the positive response ITom
her children and the teachers. Sheriff Podany stated his intent is to have the School Research
Program look at this, but he didn't know what could be done without funding.
Sheriff Podany stated he would get back to the Council regarding this program after talking with the
Ham Lake Council tomorrow evening.
CHARITABLE GAMBLING ORDINANCE - DISCUSSION
Ms. Volk explained the Council has discussed the issue of allowing charitable gambling by
organizations outside of the city and other ways to regulate the activity. The City can limit the booth
lease to include utilities, overhead and incidental expenses as long as it does not exceed the $1,000
maximum set by state law. It can also prohibit certain games such as the paddle wheel and can
designate how much of the profits are to remain within the City. It can also require notices to be
posted on site.
Andover Lions Member Jack McKelvey stated the state law allows them to spend up to 55 percent
of the profits for expenses. Their club typically spent no more than 42 percent. The booth lease will
typically depend on the size of the business. In dealing with Pov's for the past six years, the price
the Lions paid for lease was much less than he could have collected. Pov's charged one-quarter of
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Andover Special City Council Workshop
Minutes -July 10,2001
Page 4
(Charitable Gambling Ordinance - Discussion, Continued)
the cleanup cost, $200 per month for their share of the garbage and $1,000 per month for rent, which
came to $2,700 per month. Attorney Sullivan stated language can be put in the ordinance that gives
flexibility to address the additional expenses on a case-by-case basis. He also provided a survey of
what the surrounding cities regulate for charitable gambling. Coon Rapids is in the process of
adopting a revised charitable gambling ordinance. The City can designate that up to 100 percent of
the profits be spent within the trade area, which include the contiguous cities and townships. State
law designates a maximum of 10 percent must be spent within the City.
The Council asked Attorney Sullivan to research whether or not the City can be more stringent in
limiting the percent of expenses allowed, as some felt 55 percent of the profits for expenses is very
high. They also debated whether or not organizations from outside ofthe City should be allowed
to operate charitable gambling in Andover. Arguments opposed were a fear that most of the profits
would be spent outside of Andover or in ways that would not be to the City's liking. It was also felt
that local organizations would be more likely to spend their profits within the City. Points in favor
were some organizations are eligible to start immediately and that the City can designate what
percentage ofthe profits must be spent within the City and the trade area.
Members of the Anoka Hockey Association were present to argue they meet outside the City limits
but a majority of their members are from Andover. They anticipate operating charitable gambling
at the new restaurant being constructed by 116 LLD if the ordinance is changed to allow them to do
so. Attorney Sullivan advised the Council cannot suspend the charitable gambling because it doesn't
like where the money is going. It is a two-year license, but it cannot be revoked without reason. The
Council could also say no gambling in establishments where liquor is served or no gambling
whatsoever. Mr. Erar estimated that, as development continues, there could be as many as four or
five locations in the City that would want charitable gambling.
Mr. Erar explained the City Council has oversight of the charitable gambling license, but generally
it does not determine the organization. The establishment would make an agreement with an
organization to allow it to come in. Then the organization comes to the City for a two-year premises
permit. The Council would grant it if that organization agrees to all the terms and meets all the
requirernents. Ms. Volk noted the ordinance only allows one organization per establishment. Mr.
McKelvey also noted state law requires the organization to have a signed contract with the owner
of the establishment to make application for a premises permit.
At this point there was general agreement that the ordinance should remain as is with regard to
having only local organizations for charitable gambling. The Council also agreed to prohibit paddle
wheel gambling. Discussion was then on what percent of the profits should be spent within the City
and the trade area. It was generally agreed the maximum allowed by state law of 10 percent would
be given to the City to be spent as the Council designated. Some argued the remaining 90 percent
should be spent within the trade area. Mr. McKelvey argued if the total profit must remain within
the City or the trade area, they would not be able to contribute to causes such as the eye bank or
hearing foundation, nor could they provide money for a van jointly with other Lions Clubs.
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Andover Special City Council Workshop
Minutes - July 10, 2001
Page 5
(Charitable Gambling Ordinances - Discussion, Continued)
Council then agreed that 10 percent of the profit could be spent outside the trade area. With 10
percent also going to the City, it would be required that 80 percent ofthe total profit would need to
stay within the trade area. Attorney Sullivan agreed to get clarification on the booth lease as to
whether or not the City could be more restrictive than the 55 percent of the profits.
Ms. V olk stated the City currently does not charge an investigation fee. The City gets about $60 per
month in the gambling tax. Attorney Sullivan did not think the City could charge both an
investigation fee and the .1 percent gambling tax. Council agreed to leave the ordinance as is with
the .1 percent tax.
Councilmember Trude stated the City could require the rules be posted in the establishment.
Attorney Sullivan stated that language can be added to the ordinance. Mr. McKelvey stated the state
requires the rules to be posted at each bar. They were posted at Pov's.
The Council also agreed to leave the ordinance as is with regard to serving liquor and gambling, not
wanting to open it up to gambling without liquor at this time. Attorney Sullivan agreed to have the
draft of the amended ordinance for Council review at the August 21, 200 I, meeting.
TRANSIENT MERCHANT ORDINANCE - DISCUSSION
Attorney Sullivan stated he has proposed many changes to the current ordinance because it had
required licenses for those whom the City cannot require licensing. Transient Merchants, those that
set up shop in a particular area for a period of time, will now only be allowed to have a seven-day
license every thirty days. Peddlers, those who sell door to door and have a sales inventory on hand,
would be limited to a 30-day renewable permit. The ordinance is now in compliance with state law
and clearly imposes licenses on those allowed by state law and imposes restrictions where possible.
Councilmember Knight stated the changes do not address the original complaint of competitors who
sell flowers by the roadside during holidays. Mayor Gamache noted that cannot be eliminated but
will now be more regulated. Ms. Volk noted the Staff recommendation is a $25 fee for Transient
Merchants for a seven-day license, a $50 fee for Peddlers for a 30-day license, plus a IO-dayevent
license. The Council agreed.
Motion by Orttel, Seconded by Jacobson, to adjourn. Motion carried unanimously.
The meeting was adjourned at 9:27 p.m.
Res~~¥~
~lIa A. Peach. Recording Secretary
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