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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. ,-- ---- 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 .-- - . - - - - 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. ..- - . -. ..~. - - .- 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 - ,-- -- ~- - - - - - --