HomeMy WebLinkAboutCC July 3, 2001
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOYER.MN.US
Regular City Council Meeting - Tuesday, July 3, 2001
Call to Order - 7:00 PM
Resident Forum
Agenda Approval
Approval of Minutes
Consent Items
1. Kennel License Renewals - Clerk
2. Award BidlOO-18/Andover Boulevard Extension - Engineering
3.· Approve Right-of-Way Plat No. 5/00-18/ Andover Boulevard Extension - Engineering
4. Approve Final Payment/00-28/Misc Trail Improvements - Engineering
5. Accept Petition/Order Feasibility Report/99-37/l680 Andover Boulevard NW/SS-WM - Engineering
6. Accept Feasibility Report/O 1-12/New Elementary School & Verdin Street Improvements - Engineering
7. Reduce Escrow/Developer Improvements/W oodland Oaks - Engineering
8. Approve Street Light InstallationITower Drive and Crosstown Boulevard - Engineering
9. Approve Special Use Permit (01-04)/12,000 Gallon Propane Tank/I440 Bunker Lake BlvdlAnoka County
Highway Dept. - Planning
10. Approve Additional Supplemental Depository/First Regions Bank - Finance
Discussion Items
II. Discuss Lawn Maintenance Issue/I 80th & Uplander Street NW - Planning
12. Residential Sketch Plan Review (01-05)/732 140th Lane NWrrramm - Planning
13. Consider Joint Powers Agreement/Highway 10 Coalition - Administration
14. Invitation to Submit ProposaVQuad-Cities Cable - Clerk
IS. Review Pricing/OI-2/New Ball Field Facility West of High School (Supplemental) - Engineering
16. Consider Financing of Bunker Lake Boulevard Pedestrian Underpass/98-20 - Engineering
17. Approve Contract with Minnesota Department of Natural Resources/98-20/Bunker Lake Blvd - Engineering
18. Reconsider 2001 Trail Improvements - Engineering
Mayor/Council Input
a. Review Transient Merchant Ordinance License Requirements, Continued - Clerk
b. Adult Oriented Activities at POV's, Continued - Planning
Payment of Claims
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 3,1001
TABLE OF CONTENTS
RESIDENT FORUM ................................................................................................................. I
AGENDA APPROV AL.............................................................................................................2
APPROVAL OF MINUTES......................................................................................................2
CONSENT ITEMS
Kennel License Renewals .....................................................................................................2
Resolution 102-01 awarding bid/IPOO-18/Andover Boulevard extension............................ 2
Approve Right-of-Way Plat No. 5/IPOO-18/ Andover Boulevard extension ......................... 2
Resolution R103-0l approving final payment/IPOO-28/Misc. trail improvements............... 2
Resolution RI 04-01 accepting petition/Ordering feasibility/IP99-3 7/1680
Andover Boulevard/Sanitary sewer and waterrnain......................................................... 2
Resolution R105-01 accepting feasibility/IPO 1-1 2/New elementary school & Verdin ........ 3
Reduce escrow/Developer improvements/Woodland Oaks.................................................. 3
Approve street light/Tower Drive and Crosstown Boulevard............................................... 3
Resolution R106-01 approving additional supplemental depository/I st Regions Bank........ 3
SPECIAL USE PERMIT (0 1-04)/1 2,000-GALLON PROPANE TANK/1440 BUNKER
LAKE BOULEV ARD/ANOKA COUNTY HIGHWAY DEPARTMENT
Resolution R107-01 to approve the Perrnit........................................................................... 3
DISCUSS LAWN MAINTENANCE ISSUES/I 80TH AND UPLANDER ...............................3
RESIENTIAL SKETCH PLAN REVIEW (01-05)/732 140TH LANEffRAMM
Motion to approve sketch plan.............................................................................................. 5
CONSIDER JOINT POWERS AGREEMENT/HIGHW A Y 10 COALITION......................... 5
Motion to adopt agreement ................................................................................................... 6
INVITATION TO SUBMIT PROPOSAL/QUAD CITIES CABLE (decline).......................... 6
REVIEW PRICING/IPOl-2/NEW BALL FIELD FACILITIES WEST OF HIGH SCHOOL
Motion to table ...................................................................................................................... 6
FINANCING OF BUNKER LAKE BLVD PEDESTRIAN UNDERP ASS/98-20................... 6
Motion to approve funding sources as presented.................................................................. 7
CONTRACT WITH MN DNR/IP98-20/BUNKER LAKE BOULEVARD
Motion to approve agreement for $50,000 DNR Trail Grant for IP98-20............................ 7
RECONSIDER 2001 TRAIL IMPROVEMENTS .................................................................... 7
Motion to approve revised plan ............................................................................................ 8
MAYOR/COUNCIL INPUT
Review Transient Merchant Ordinance License Requirements
Motion to table ................................................................................................................ 8
Adult Oriented Activities at Pov's........................................................................................ 8
Status of Comprehensive Plan ..............................................................................................9
Legislative update................................................................................................................. 9
Traffic lights.......................................................................................................................... 9
Special meetings ................................................................................................................... 9
Andover Family Fun Fest...........................................................................,..........................9
Property for sports complex.................................................................................................. 9
APPROVAL OF CLAIMS ........................................................................................................ 10
ADJOURNMENT...................................................................................................................... 10
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CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - JULY 3, 1001
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache on Julý 3, 2001, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Mike Knight, Ken Ortte1, Julie Trude
Councilmember absent: None
Also present: City Attorney, William G. Hawkins
City Finance Director, Jim Dickinson
Community Development Director, Dave Carlberg
City Administrator, John Erar
Others
RESIDENT FORUM
Carroll Abbott. 2917 I 42nd Lane - stated a neighbor who purchased his home two years ago was told
by someone at City Hall that municipal water was going to be coming into the area in five years.
That would be three years from now. He is opposed to it but asked if it is true. Council explained
generally when an area is scheduled to have its streets upgraded, consideration would be given to
including municipal utilities at that time. They did not know if that is the case and asked Staff to
research it further.
Mr. Abbott noted there are potholes in the streets at Heather and l42nd Lane and at about three
houses from the comer of 142nd Avenue and Dahlia. He also understood people are required to mow
the boulevard along their property, but he has seen the City mow boulevards in his area. He asked
about the policy for mowing along private property. The Council directed Staff to investigate the
street issue. Some times the City mows because of a complaint and charges it back to the property
owner. Staff was asked to research whether or not this was the case in Green Acres.
Tom Enzmann. 1718 Andover Boulevard - asked about the status of the Nature's Run plat. Mr.
Carlberg stated the original developer, DH Land Company, is no longer involved. The new developer
is Avalon Homes, and they are changing the style of town homes, which requires an amendment to
the Planned Unit Development agreement. That item will be on the July 17 City Council agenda.
Mr. Enzmann stated this project has been going on for three years, and he doesn't think it is right yet.
There was a multitude of variances in the preliminary plat, which were given because of precedence
already established in Aztec Estates. He didn't think the Aztec Estates project is proceeding;
therefore, there is no precedence. Also, several items that were recommended in the sketch plan
phase were not done in the preliminary plat such as the removal of the shared driveway and houses
,
Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 2
(Resident Forum, Continued)
behind existing homes. Also, the grading was not done to specifications, and not even the Staff was
told about it. He has spoken to the City Administrator about it and has been assured the grading will
go back to the way it was behind his property and that of his neighbors as well as suitable protection
for the natural vegetation during the construction phase. He also stated at the May 22 meeting, Mr.
Carlberg stated the new developer of Nature's Run was not opposed to reduced density, yet the new
plan shows the same amount of units. He asked for a legal opinion on whether the City can look at
the plat again since the developer is requesting a change. He felt it is important to reduce the density
and put some green back into Nature's Run. Mr. Carlberg stated Avalon Homes is a different group
than the one who had said they would reduce density. Staff will respond to the comments made by
Mr. Enzmann at the July 17 meeting. Councilmember Trude asked the City Attorney to research
whether or not the Council has the ability to look at the density issue again since the developer is
requesting a change.
AGENDA APPRO V AL
Remove Item 9, Approve Special Use Permit (01-04)/12,000-Gallon Propane Trankll440 Bunker
Lake Boulevard! Anoka County Highway Department from the Consent Agenda for discussion.
Motion by Orttel, Seconded by Knight, the Agenda as amended. Motion carried unanimously.
APPROVAL OF MINUTES
June 13, 2001, Special Council Workshop - Correct as written.
June 18, 2001, Regular Council Meeting - Correct as written.
June 18,2001, Special Closed Meeting- Correct as written.
Motion by Trude, Seconded by Orttel, approval of the Minutes of June 13, June 18 Regular and June
18 Special as written. Motion carried unanimously.
CONSENT ITEMS
Item I Kennel License Renewals (Dover Kennels, Blue Collar St. Bernards, Rescue Saint
Bernards)
Item 2 Award Bid/IPOO-18/ Andover Boulevard Extension (See Resolution RI 02-01)
Item 3 Approve Right-of-Way Plat No. 5/IPOO-18/Andover Boulevard Extension
Item 4 Approve Final Payment/IPOO-28/Miscellanous Trail Improvements (See Resolution
RI03-01)
Item 5 Accept Petition/Order Feasibility Report/IP99- 37/1680 Andover Boulevard
NW/Sanitary Sewer & Watermain (See Resolution RI04-01)
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Regular Andover City Council Meeting
Minutes-July 3, 2001
Page 3
(Consent Items, Continued)
Item 6 Accept Feasibility ReportlIPOI-I2/New Elementary School and Verdin Street
Improvements (See Resolution R105-01)
Item 7 Reduce Escrow/Developer Improvements/Woodland Oaks
Item 8 Approve Street Light Installation/Tower Drive and Crosstown Boulevard
Item 10 Approve Additional Supplemental Depository/First Regions Bank (See Resolution
Rl06-01)
Motion by Jacobson, Seconded by Trude, to approve the Consent Items. Motion carried
unanimously.
APPROVE SPECIAL USE PERMIT (01-04)111,000-GALLON PROPANE TANK/1440 BUNKER
LAKE BOULEVARDIANOKA COUNTY HIGHWAY DEPARTMENT
Councilmember Jacobson suggested a modification to the Resolution under Item 3 to preserve and
enhance the vegetative or other types of screening between the tank and Bunker Lake Boulevard. His
concern was that the tank not be seen from the road.
Tim Steigauf, Project Manager, Energy Services Group, explained the tank size is 40 feet long and
9 feet wide. It will be placed in a 50xl0-foot area, which is below road grade. The top of the tank
will be three feet above the road grade. They agree to do whatever is necessary, either fencing or
landscaping, to make sure the tank blends in. They could berm, but that would mean the removal of
trees. To lower it further presents another set of problems. The consensus of the Council was to
either plant shrubs or other vegetative screening or fencing to prevent the tank from being seen ITom
the road or by the residents across the road.
Discussion was on the reason for the tank. Councilmember Orttel wondered if the county is
concerned about brown outs on gas and if this is going to be a trend. Mr. Steigauf explained this
would be a backup but no equipment has to be redone in the building. Many other facilities have
backup fuel, but it is typically fuel oil. Part of the county plan is to look at energy supplies and
demand for all their facilities. Councilmember Trude suggested Public Works look at a backup
system for cost savings for the City buildings.
Motion by Jacobson, Seconded by Trude, the Resolution with the change in the third point, which
would then read "Preserve and enhance vegetative or other types of screening between the tank and
Bunker Lake Boulevard". (See Resolution RI07-01) Motion carried unanimously.
DISCUSS LAWN MAINTENANCE ISSUES/180TH AND UPLANDER STREET NW
Mr. Carlberg explained the City's ordinance requires the removal of noxious weeds and maintenance
of vegetation and grasses to a height of 12 inches or less. Of the 8 to 10 complaints per year, the vast
Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 4
(Discuss Lawn Maintenance Issues/18o'h and Uplander Street NW, Continued)
majority of them involved urban lots. Lawn maintenance has traditionally not been an issue in rural
areas. This has been an issue between property owners near the intersection of 1 80th A venue and
Uplander Court. Property owners are required by state statute to remove noxious weeds ITom their
property. There are noxious weeds in the rear of Mr. Sollars' property. Mowing the boulevard is not
the issue. The focus is the area along the fence abutting the adjacent property where poison ivy and
weeds are growing. The greater issue is whether or not the City wants to distinguish between the
urban and rural areas regarding weed abatement. Councilmember Knight stated to his knowledge,
the City has never required anyone to clear the woods. Given the size of the woods on some of the
large lots, where does this lead to?
Mr. Carlberg stated this is unique because they rarely get complaints in the rural area. There is
poison ivy, which must be abated according to state law. The state statute talks about controlling
noxious weeds, not necessarily mowing them. The majority of Mr. Sollars' property is maintained.
Councilmember Jacobson stated the ordinance as written pertains to the urban lot rather than the
rural one. He felt this has to be sent back to the Planning and Zoning Commission to make it work.
It doesn't make sense to require rural lots to be cleared, though the state statute must be enforced.
He felt this issue is a dJrpute between two landowners. He suggested Mr. Sollars mow the boulevard
and his back tg. b1, C}¡~ good neighbor. Councilmember Orttel stated he has advocated a distinction
between the urban and rural areas for years. He noted there are also exceptions in the urban area, as
he is not allowed to mow the weeds in the wetland area on his property. Some of the noxious weeds
are under state law because they were considered a problem for agriculture, but there isn't as much
agriculture now. It would not work to have no standards. The best answer is to try to be good
neighbors. He has no problem sending it to the P & Z, but he felt it will be difficult to make a
workable ordinance. Councilmember Knight also noted it becomes a "can ofworrns" if weeds are
mowed on one property but not the other, assuming there are noxious weeds on both sides of the
property line. Q.menc\ec\ 1-11-01
Mr. Carlberg stated they could review what other communities do that have large acreage lots.
Typically Staff does not go out looking for ordinance violations but only responds to complaints. In
this case, something has to be done with the poison ivy. Councilmember Orttel wondered if a
variance provision would work for unique circumstances. Taking care of noxious weeds by mowing
2.5 acres in the rural area is silly.
At this point the general direction was to table the item and send it to the Planning and Zoning
Commission to consider the differences between urban and rural lots and to allow the rural
residential character to remain more in its natural state. However, the poison ivy on Mr. Sollars' lot
must be abated according to state statute.
Mary Hilke. 18030 Uplander Court - agreed it is ludicrous to mow the entire 2.5 or 3 acres. They
had a complaint about the boulevard. The City mowed it last year. The issue is not poison ivy but
wanting it mowed around their mailbox. If Mr. Sollars mows to the property line, that is all they have
ever asked him to do. Mr. Carlberg stated they checked the mowing records. Those boulevards were
mowed as a courtesy because they were in that area. The City does not go through all rural platted
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Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 5
(Discuss Lawn Maintenance Issues/1S(jh and Uplander Street NW, Continued)
areas to mow boulevards. It is the property owner's responsibility to maintain the boulevards.
Councilmember Trude felt it is important to keep the boulevard maintained for the safety of children.
Dave Sollars. 12351 I 80th Avenue NW - stated he won't be happy about doing something with the
poison ivy but will do so. There is poison ivy allover the woods, pointing out Anoka County is filled
with sandburrs, poison ivy and oak wilt. He has made attempts in the past to get rid of the poison ivy,
noting it is very difficult to do. If he has to eliminate the poison ivy on his property, he hoped the
City would also require the complainant to eliminate their poison ivy as well and not just single one
individual out. Councilmember Trude suggested the issue of poison ivy be included in the next City
newsletter. She also reported she received a phone call from another resident in this area who did
not have a problem with the way the property is mowed now.
The Council again encouraged the two parties to resolve their differences. Mr. Carlberg stated Mr.
Sollars' will be sent a letter explaining the state statute. He will have to abate the poison ivy. If a
complaint is received on the adjacent property, the same procedure will be used. He will also forward
this to the Planning and Zoning Commission to come up with an ordinance that uses common sense
in the rural areas, stating he will keep the Council updated on their progress. The Council agreed.
RESIDENTIAL SKETCH PLAN REVIEW (01-05)/731140TH LANE NW/TRAMM
Mr. Carlberg reviewed the sketch plan for 732 140th Lane NW for three urban residential lots with
one lot containing the existing house. Utilities are available for all properties. Staff is recommending
the design presented. .<
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Motion by Orttel, Seconded by Jacobson, tol'hetch plan as presented. Motion carried unanimously.
ú!tY1U1ctW- 1-1l- 0'
CONSIDER JOINT POWERS AGREEMENTIHIGHWAY 10 COALITION
Councilmember Jacobson did not have a problem with a joint powers agreement to address the issue
of Highway 10; but in reading the agreement, there are quite a few items that he was concerned with.
Some of those items include GIS coordination, economic development cooperation, etc. Those issues
and the funding of them are worrisome to him. Councilmember Knight stated he felt the same way
and was surprised by the breath of the agreement. Councilmember Orttel argued the City must get
involved in the group because of the need to upgrade Highway 10. He felt the agreement is trying
to be all inclusive, but he understood the concern. Council member Trude stated the document for
the I35W coordinator was very similar, and using all of that data, they were able to get funding from
the Metropolitan Council and the state legislature. Cities did not give up local control. She would
like an understanding that this would not impact local zoning.
Councilmember Orttel pointed out the City would have to approve any expenditure of City funds for
studies, plans, etc. The City is being isolated because accesses to Highway 10 have been removed.
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Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 6
(Consider Joint Powers Agreement/Highway 10 Coalition, Continued)
Coon Rapids doesn't need Hanson Boulevard to go four lanes, but Andover does. He again noted
the importance of joining the coalition. If the City doesn't like what the coalition is doing, it can quit
any October by not paying its dues. Councilmember Jacobson again stated he not opposed to joining
the coalition, but he will watch to be sure they do not step out of bounds.
Motion by Trude, Seconded by Orttel, to approve adoption of the Joint Powers Agreement for the
North Metro Highway 10 Corridor Coalition. DISCUSSION: Mr. Erar stated he will pursue the pro-
rated fee from now until October. Councilmember Orttel stated if that is not acceptable, the City
should wait until October to join. Motion carried unanimously.
INVITATION TO SUBMIT PROPOSAUQUAD CITIES CABLE
Councilmember Jacobson stated he met with Terry O'Connell of the Quad Cities Cable Commission
about the possibility of a dual use with the R\:'" high..sç11øe1. Mr. O'Connell stated he would pursue
that further. ~O-\cch c.c.nte.y'
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Council noted the only two parcels that could be considered for the new studio for the cable company
are both outside the sewered area. They agreed to decline the opportunity to submit a proposal for
the cable company.
REVIEW PRICING/IP01-1/NEW BALL FIELD FACILITY WEST OF HIGH SCHOOL
Mr. Erar stated Staff did not receive the prices from the contractor and asked that this be tabled. They
hope to bring it back at the next Council meeting.
Motion by Orttel, Seconded by Knight, to so move. Motion carried unanimously.
CONSIDER FINANCING OF BUNKER LAKE BL VD PEDESTRIAN UNDERPASS! IP98-10
Mr. Erar explained the construction cost to build a pedestrian underpass under Bunker Lake
Boulevard just east of the Burlington Northern railroad tracks is estimated to be $175,000. The City
is eligible to receive $50,000 ITom a DNR Trail Grant. Staff is recommending the remaining
$125,000 come from the following sources: $50,000 allocated ITom the Trail Fund as recommended
by the Park and Recreation Commission; approximately $20,000 to be loaned to the project ITom
park carryover funds; and $55,000 to be funded ITom the Road and Bridge Fund but with a caveat
that the General Fund be earmarked to refund the Road and Bridge Fund and to reimburse the
carryover money. Mr. Erar explained in the 2002 budget, they will introduce an improvement
project levy, and those dollars could be used. However, the Road and Bridge Fund would need to
be repaid, and a scenario will be presented in the 2002 budget for that repayment. Borrowing ITom
the Road and Bridge Fund allows the project to go forward this year.
,
Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 7
(Consider Financing of Bunker Lake Blvd Pedestrian Underpass/IP98-20, Continued)
Councilmember Trude felt this is an important safety issue and that the project should proceed. She
wondered if there are other City funds that could be used so the park budget is not impacted.
Councilmember Orttel stated if it is taken out of roads, then they are impacted. This will be a
regional trail. There will be other regional trails, which may have a transportation element to them.
He felt the Staff recommendation for funding is reasonable.
Councilmember Jacobson wondered if tax increment could be used. Mr. Dickinson did not think this
was in the project district, but he will research it. Councilmember Grttel asked about the county's
contribution to this since this connects to their trail. Also, he questioned whether the tunnel is being
built to the width of the current road or to accommodate the widening of Bunker Lake Boulevard in
the future. Mr. Dickinson stated the county has committed to the landscaping portion of this project,
which is about $10,000 to $15,000. Mr. Erar was not sure how the construction would occur, but he
will check with the Engineer on the width and on the potential closing of Bunker Lake Boulevard
during construction.
Park and Recreation Commission Chairperson Valerie Holthus hoped the Council would look at the
big picture. Both parks and roads have projects that need to get done. Parks would appreciate it if
another funding source was found and they wouldn't have to pay the money back. Councilmember
Trude was also concerned that this cuts into the park trail budget substantially over the next few
years.
Motion by Orttel, Seconded by Knight, to approve the funding source as presented. Motion carried
unanimously.
APPROVE CONTRACT WITH MINNESOTA DEPARTMENT OF NATURAL
RESOURCES/IP98-10/BUNKER LAKE BOULEVARD
Motion by Jacobson, Seconded by Knight, to so move (the agreement for the appropriation of the
$50,000 DNR Trail Grant awarded for the construction of Bunker Lake Boulevard pedestrian
underpass, Project 98-20). Motion carried unanimously.
RECONSIDER 1001 TRAIL IMPROVEMENTS
Mr. Erar noted the revised 2001 trail improvement plan: 1) East side of 7th A venue south of Bunker
Lake Boulevard ($26,000 to be paid by Trail Fund); 2) Trail along the north side of Bunker Lake
Boulevard between Hanson Boulevard and Crane Street ($20,000 to be paid by Trail Fund); 3)
Underpass for Bunker Lake Boulevard at the railroad tracks. Two projects will remain on hold until
a later date: a) Trail along 16l't Avenue between Hanson Boulevard to Red Pine Fields and east side
of Hanson Boulevard from l55th Lane to 161" Avenue; b) Trail along south side of Andover
Boulevard between Hummingbird Street in Nature's Run and Hanson Boulevard.
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Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 8
(Reconsider 2001 Trail Improvements, Continued)
Park and Recreation Commission Chairperson Valerie Holthus explained the trail along Verdin to
the Rum River Elementary School is not a high priority. They had made a commitment to meet an
existing trail to connect the new library. Mr. Carlberg explained the trail along 7th A venue is to
connect Anoka to the library. It is part of the overall plan to access the library. For the new
elementary school, right of way is an issue. Staff will be meeting with neighbors to discuss
alternative ways to access the elementary school through the neighborhoods rather than down
Verdin.
Councilmember Orttel felt a trail is really needed to the Rum River Elementary School because that
is a very dangerous road to walk down. He questioned paying $26,000 for a trail on Seventh Avenue
that does not benefit any Andover residents. He'd be willing to approve the request with the
understanding that Staff will research the commitment made on the Seventh A venue trail. Mr.
Carlberg stated Staff will review the background regarding the Seventh Avenue trail.
Motion by Trude, Seconded by Orttel, to approve the revised plan as presented. Motion carried
unanimously.
MAYOR/COUNCIL INPUT
Review Transient Merchant Ordinance License Requirements-
Motion by Jacobson, Seconded by Orttel, to table this item to the next meeting. Motion carried
unanimously.
Adult Oriented Activities at Pov 's - Attorney Hawkins stated he has reviewed the police report of
the bikini contests at Pov's and has reviewed the City ordinance and state statute. In his opinion, the
conduct does not violate the adult use ordinance, nor is it the type of conduct, which the City could
lawfully prohibit through its liquor licensing authority. If the conduct would escalate to more than
what was observed, then the City could take some action. Mr. Erar stated the City Clerk could
request the cost of the restaurant items related to Pov's, as their Permit requires a SO-50 split between
alcohol and food sales. That can be done as a part of the relicensing process. Mr. Carlberg noted the
original plan had a dining area somewhat separate from the bar area. That layout has been revised,
the booths taken out, and it has become one area. He too noted the SO-SO-split provision between
food and alcohol receipts and that the Council can request verification of those receipts to be sure
that provision is being met. The Council discussed their ability to investigate the financial
information of the establishment and on what basis the license can be denied. It was then generally
agreed to ask for it prior to the renewal of the license for the next year. Mr. Erar stated Staff will take
the appropriate action to obtain that information prior to the license renewal.
Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 9
(Mayor/Council Input, Continued)
Status of Comprehensive Plan - Mr. Carlberg stated the City has just received a letter from the
Metropolitan Council Staff. There are still some outstanding issues relating to the sewer flows. Staff
will be working with the Met Council Staff to provide that information. It is a priority item.
Legislative update - Mr. Erar and Mr. Davidson reviewed the bills passed by the State legislature
last week that impact the City, including tax increment financing, property taxes, levy limits, market
valuation, PERA contributions for employees, local government aid, truth-in-taxation laws and
transit funding. Mr. Erar stated the Finance Department will be analyzing the impacts of the bills as
a part of the 2002 budget process. He also noted the bills not passed were the inclusionary language,
funding for the North Star line and the sales tax exemption for building the City's water treatment
plant. Mr. Carlberg also noted there were some land use changes, charges for building permits and
development fees. Staff will be bringing those items forward.
Traffic lights - Councilmember Orttel noted the road construction due to the installation of traffic
signals at Round Lake Boulevard and l57th and at l57th and Seventh Avenue plus the widening of
lanes and overlay.
Special meetings - Mr. Erar reminded the Council of the special workshop on Tuesday, July 10, for
a presentation by the Anoka County Sheriffs Department on the communication system and to
review the Transient Ordinance and Charitable Gambling Ordinance. He also announced the team
building session has been rescheduled for September I I, 6 to 10 or 10:30 p.m.
Andover Family Fun Fest - Councilmember Orttel encouraged people to volunteer for the various
activities during the Andover Family Fun Days, July 6 through 8, as a lot of help is needed. Mayor
Gamache pointed out parking will be a problem, encouraging people to park at the schools. Also,
no parking needs to be posted along Crosstown Boulevard.
Property for sports complex - Mayor Gamache suggested the City Administrator draft a letter from
the Council to the Anoka County Board forrnally requesting the land off 133'd and Hanson Boulevard
for the sports complex. This has been discussed with several Board members by the Sports Complex
Task Force, and it appears they would be in favor of at least looking at it. One of the benefits could
be the parking lot could be used for the dual purpose of a park-and-ride as well as for the sports
complex itself. Councilmember Jacobson was concerned with asking for the land before it has been
approved or even brought to the residents. A letter should include that this is not yet an approved
project. Mayor Gamache noted without the land, it is unlikely there will be a sports complex. Mr.
Erar was directed to draft a letter to the County Board signed by the Mayor for Council review.
Council agreed to send back comments before it is mailed. Mayor Gamache stated a booth will be
set up at the Family Fun Fest so people can get information and provide comments on the sports
complex.
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Regular Andover City Council Meeting
Minutes - July 3, 2001
Page 10
APPROVAL OF CLAIMS
Motion by Trude, Seconded by Knight, approval of the Claims. Motion carried unanimously.
Motion by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously.
Meeting adjourned at 9:25 p.m.
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Marèella A. Peach
Recording Secretary
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US
Regular City Council Meeting - Monday, June 18,2001
Call to Order - 7:00 PM
Resident Forum
Agenda Approval
Approval of Minutes (5/5/01)
Consent Items
I. Approve "No Parking" Resolution for Tower Drive at Crosstown Boulevard - Engineering
2. Receive Bids/00-18/Andover Boulevard Extension - Engineering
3. Approve Declaration of Covenants and Restrictions for Wetland Replacement/00-18/ Andover Boulevard
Extension - Engineering
4. Approve Anoka County Plans - Reclamation of Round Lake Boulevard ~ Engineering
5. Approve Refuse Hauler Licenses - Clerk
Discussion Items
6. Receive Anoka County Sheriff Department Monthly Report - Administration
7. Receive Request - Changes to Charitable Gambling Ordinance - Administration
8. Consider Sketch Plan/Peterson Property/Section 14 - Planning
9. Receive Pricing/01-2/Ballfield Facility West of New High School (Supplemental) - Engineering
Staff Items
10. Schedule Council W orkshop/ Anoka County Crime Prevention Program-Public Communications -Administration
Mayor/Council Input
a. Review Transient Merchant Ordinance License Requirements, Continued - Clerk
b. Motorcycle Racing Activities/South Coon Creek Drive - Planning
c. Adult Oriented Activities at POV's - Planning
d. Council Appointments to Community Survey Focus Group
Payment of Claims
Executive Session
a. Pending Litigation - Woodland Development Update
Adjournment
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 18, 1001
TABLE OF CONTENTS
RESIDENT FORUM ................................................................................................................. I
AGENDA APPROV AL.............................................................................................................2
APPROVAL OF MINUTES...................................................................................................... 2
CONSENT AGENDA
Resolution RIOO-OI approving "No Parking" for Tower Drive at Crosstown Blvd ............ 2
Resolution RIOI-Ol receiving bids/IPOO-18/Andover Boulevard Extension....................... 2
Approve Declaration of Covenants and Restrictions for Wetland replacement/
IPOO-18/ Andover Boulevard Extension ........................................................................... 3
Approve Anoka County plans - Reclamation of Round Lake Boulevard ............................ 3
Approve refuse hauler licenses (Ace Solid Waste, Walters Recycling & Refuse, BFI
Of the twin Cities, Pretzel Sanitation) ......................................"..................................... 3
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT................ 3
RECEIVE REQUEST - CHANGES TO CHARITABLE GAMBLING ORDINANCE.......... 3
CONSIDER SKETCH PLAN/PETERSON PROPERTY/SECTION 14.................................. 4
Motion to advise developer for option to connect with Drake Street ................................... 5
RECEIVING PRICING/IPOl-2/BALLFIELD FACILITY WEST OF HIGH SCHOOL
Motion to obtain additional prices ........................................................................................ 6
SCHEDULE COUNCIL WORK SHOP/ANOKA COUNTY CRIME PREVENTION
PROGRAM - PUBLIC COMMUNICATIONS (tentatively July 10 or 12) ........................ 6
MAYOR/COUNCIL INPUT
Review Transient Merchant Ordinance license requirements .............................................. 6
Motorcycle racing activities/South Coon Creek Drive .........................................................6
Adult oriented activities at Pov's.......................................................................................... 7
Council appointments to Community Survey Focus Group
Motion to approve appointments ..................................................................................... 7
Schedule Council workshopffeam building work session (tentatively August 14) ............. 7
Andover Station update......................................................................................................... 7
Mowing issues ...................................................................................................................... 7
Comprehensive Plan update.................................................................................................. 7
Watching the legislative activities ........................................................................................ 7
Road cones on Bunker Lake Boulevard at Crosstown.......................................................... 7
PAYMENT OF CLAIMS .......................................................................................................... 8
ADJOURNMENT...................................................................................................................... 8
CITY of ANDOVER
REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 18,1001
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache on June 18,2001,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmember absent: None
Also present: City Attorney, William G. Hawkins
City Finance Director, Jim Dickinson
City Engineer, Scott Erickson
Community Development Director, Dave Carlberg
City Administrator, John Erar
Others
RESIDENT FORUM
Dave Sollars. 235 I 1 80th Avenue NW - received a letter from the City advising him that his lawn
is not in compliance with the City's mowing ordinance. He lives in the northern part of Andover.
The City recognizes the rural portion as being different ttom the other areas. He requested that the
letter to bring his property into compliance be tabled and that the Council consider changing the
ordinance. His property is not in compliance with the legal letter of the law; however, more than 90
percent of the properties, especially in the north half, are not in compliance. He showed several
photographs of his property and that of neighbors. His property has been maintained the same for
the last 13 years, mowing the ttontage on l80th A venue. All yards in the neighborhood are
maintained in a similar fashion. Nothing has changed, but now it has suddenly become a problem
because of a dispute he has with his neighbors. He believed this is a waste of the City's resources
and everyone's time. He asked for good judgement on the part of the City Council to resolve this
in a sensible fashion rather than cutting the grass that the wildlife needs. When asked by the Council
ifhe had a similar citation last year for mowing, he stated he did not receive a letter from the City.
The City mows the ditches, but he was not assessed for anything.
Mary Hilke and Pat Roberts. 18030 Uplander Court -lives adjacent to Mr. Sollars. Ms. Hilke stated
they are asking the City to make Mr. Sollars comply with the City's ordinance regarding the growth
of weeds. Minnesota Statute 2000, Section 16023 requires him to mow the section along Uplander.
They went through this same process last year. She said the Code Enforcement Officer sent Mr.
Sollars a letter, who refused to mow it. The City mowed it twice. She then reviewed the history of
the situation, explaining the property was maintained up to two years ago when they complained
about dirt bike activities on that site. She claimed since then Mr. Sollars has been vindictive and
harassing. After she complained to the City, the Sheriffs Deputy visited Mr. Sollars on June 3,
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Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 2
(Resident Forum, Continued)
1999, stating he was in violation of the noise ordinance. On June 21 they spent three hours in
mediation, after which Mr. Sollars stormed out. Five days later Me. Sollars and his family were
pounding stakes, telling her they were determining the property line using eye sight, shaking his fist
in her face stating if he cannot ride his dirt bikes, he will not mow that area. Ms. Hilke stated they
had their property surveyed on July 27 and on August 7 they installed a fence so they wouldn't have
to look at the unsightliness of the Sollars' property. They complied with the ordinance, yet the
Sollars can have weeds growing over four feet tall in the ITont yard. Prior to the dirt bike incident,
they had no problem with Me. Sollars. Now if they even trim grass by their mailbox, Mr. Sollars
calls the Sheriff. The growth of the weeds and grass impacts the value of their home. It is pollution;
it is unhealthy and unhealthy to the environment. She urged the Council to make Mr. Sollars comply
with the ordinances. They have three acres and mow the front, not the back. Their back yard abuts
the county road, which is maintained by the county.
Mr. Sollars stated the City may have mowed the property, but he never received notification. lfhe
had received a letter, he would have come down to City Hall about it. Also, the Deputy never
advised him he was in violation of the noise ordinance but that there was a noise complaint.
Because of the discrepancy in the statements, Council asked Staff to look at the records to determine
whether or not this is a reoccurring problem. Staff was also asked to research the ordinances and
statutes, then bring the item back for Council to make a determination on the matter.
AGENDA APPROVAL
Add Item 3 under Mayor/Council Input, Schedule Council Workshopffeam Building Work Session.
Motion by Jacobson, Seconded by Orttel, to approve the Agenda as amended. Motion carried
unanimously.
APPROVAL OF MINUTES
June 5,2001, Regular Meeting: Correct as written.
Motion by Orttel, Seconded by Knight, approval of the June 5 Minutes as written. Motion carried
on a 4- Yes, I-Present (Gamache) vote.
CONSENT AGENDA
Item 1 Approve "No Parking" Resolution for Tower Drive at Crosstown Boulevard (See
Resolution RIOO-OI)
Item 2 Receive Bids/IPOO-I8/Andover Boulevard Extension (See Resolution RIOI-OI).
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Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 3
(Consent Agenda, Continued)
Item 3 Approve Declaration of Covenants and Restrictions for Wetland Replacement/IPOO-
18/ Andover Boulevard Extension
Item 4 Approve Anoka County Plans - Reclamation of Round Lake Boulevard
Item 5 Approve Refuse Hauler Licenses (Ace Solid Waste, Walters Recycling & Refuse, BFI
of the Twin Cities, Pretzel Sanitation)
Motion by Orttel, Seconded by Knight, approval of the Consent Agenda. Motion carried
unanimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Larry Klink reviewed the Sheriff Department's activities in Andover during the month of
May 2001. They received 808 radio calls resulting in 778 incident reports. In response to a concern
raised by Councilmember Trude of diverting traffic through neighborhoods during short-term closure
of roads, Captain Klink stated they would be placing cones to direct traffic. They will also assign
the CSOs to assist officers when directing traffic in neighborhoods to make sure people get through
them in a quick and safe manner. They try to be considerate of where traffic is routed.
Councilmember Jacobson asked if the ordinance is being enforced regarding fines for excessive
alarm calls. Captain Klink stated they take all alarm calls seriously. He noticed articles in Andover
Today about alarms, which is very helpful so people are cognizant of the seriousness when alarms
go off. Mr. Carlberg stated the penalty clause of the ordinance is being enforced.
Councilmember Trude suggested the Sheriff's Department submit articles for Andover Today to
remind people of ordinances, issues, etc. Captain Klink stated that has been discussed with the
Sheriff's office, and they will be working with the City Administrator to carry that forward.
RECEIVE REQUEST - CHANGES TO CHARITABLE GAMBLING ORDINANCE
Thomas Schuveiller, President and CEO, and Roger Schmidt represented the Fraternal Order of
Police for the Metro Lodge #3. They would like to see Andover's Charitable Gambling Ordnance
changed so that they would be allowed to run the pull tab operation at Pov's in Andover. The
majority of the contributions would go to this area. They would agree to whatever stipulations the
Council desires relating to the percentage offunds to go to this area. The majority of their charity
goes to Special Olympics, which serves this area, plus to Easter Seals and to support the Law
Enforcement Memorial Association. They would not have a problem with requiring the money to
go to a local chapter of the Special Olympics. They operate in several other communities and have
been doing this for almost a year. They argued they would not do anything to jeopardize their license
because they have to renew it every two years.
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Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 4
(Changes to Charitable Gambling Ordinance, Continued)
Councilmember Jacobson stated he would not support a change in the ordinance to allow groups
from outside the City to run charitable gambling within the City. Councilmember Trude agreed,
preferring to see 100 percent of the profits stay in the community. Councilmember Knight
commended the organization for what they are doing, but his preference would be to keep all of it
in the City. Councilmember Orttel pointed out local organizations are not able to come in
immediately. It takes time to meet the requirements to run the charitable gambling. This group is
saying they are ready to step in immediately. He agreed the idea has always been that it would be
a local organization that would be involved in the City's gambling. He doesn't care where they come
from. The state and local laws bind all groups, but the City has the oversight. He also understood
there are several organizations making application. He didn't think a decision could be made tonight.
Councilmember Trude stated she has had phone calls ITom local organizations trying to procure a
charitable gambling license. When talking to a gambling control officer, she was told the City
should have tighter controls in its ordinance. His suggestion was to try to keep it a local group. It
may be in the best interest of the City to limit the amount of the lease charged by the site, which
gives more money to the nonprofit group. Another suggestion to avoid some illegal activities is to
prohibit the use of paddle wheel gambling which is difficult to monitor. Councilmember Orttel was
told it is unusual to have the amount of salaries that was paid out by the Lions' Club. He felt the City
needs a method of responding to complaints. He felt the problem could have been caught earlier
without having the state body come in to investigate and embarrass the City if the City had
responded to complaints.
The Council agreed to review the Charitable Gambling Ordinance at a workshop. They asked Staff
to obtain copies of similar ordinances from the surrounding cities. Because of the time it may take
a local organization to be qualified to run the charitable gambling, it was felt there is a need to
address the ordinance relatively soon. Councilmember Jacobson stated another option is to not have
charitable gambling in the City at all. He is against gambling and will vote against any gambling in
the City. An easy way to deal with the problems of control is to not allow it at all. He hoped the
Council would at least consider that option. Councilmember Orttel pointed out in January 1999, he
brought up the irregularities with the gambling license at Pov's, and Councilmember Jacobson voted
present to allow it to continue.
CONSIDER SKETCH PLAN/PETERSON PROPERTY/SECTION 14
Mr. Carlberg reviewed the sketch plan for the proposed development of 13 74 16151 Avenue NW. The
proposal is to subdivide the south ten acres of the property into urban residential lots and to provide
land for a neighborhood park. The ordinance requires the owner to sketch and plat the entire 20-acre
parcel, though he could then final plat only the south ten acres. Two options for development are
being presented depending on the access to Drake Street to the south. Connection to this street
cannot be made unless an arrangement can be made with the property owner of Lot 10. A triangular
Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 5
(Sketch Plan/Peterson Property/Section 14, Continued)
shaped piece of land is needed to connect Drake Street, which would not hinder the buildability of
Lot 10; however, this developer has not been successful in negotiating with the owner of Lot 10 for
neither the purchase of the land needed nor the lot entirely. The City historically has not been
involved in such negotiations nor has it used eminent domain for streets for private development.
Mr. Carlberg explained the options proposed: I) With the connection to Drake Street, the City park
would be located on the north 10 acres of the site and developed when that area is final platted. This
is the preferred option of the City and the Park and Recreation Commission. 2) If access ITom Drake
Street cannot be achieved, enter the area ITom 16151 and cul-de-sac the road with the City park now
located on the southern tip of the land. The cul-de-sac would exceed the maximum length allowed
by ordinance. The proposal is to develop the area in 2002, which means the sketch plan and
preliminary plan process must be completed by July I. This is the last City Council meeting for
consideration of development in 2002.
Councilmember Jacobson noted the developer is not present this evening and suggested in the future
the Council should not consider proposals unless the developer is present to hear the Council's
comments. He didn't think he would vote for this unless the road connects to Drake Street. The
report states if on the north side, the park would encompass Lots 5, 6, II and 12. He noted Lot 8 is
in the middle. Also, he would not be willing to grant any variances for wetlands. Councilmember
Orttel felt it is logical to expect the road to go through to Drake Street, but wondered about requiring
that without using the City's powers to help get it through. Attorney Hawkins said any eminent
domain proceedings would be a question of having to be for public purposes. Is putting in a private
road as a through street access for public purposes or for the benefit of the developer?
Councilmember Trude felt a through street is needed for the health, safety and public welfare of the
citizens. The second option creates a very long cul-de-sac, which is very difficult to service. Mr. Erar
noted if the preference is to access Drake, there are ways to handle it through phasing.
Winslow Holasek - wondered why the developer of Lot 10 wasn't required to provide easement to
access this property. Generally a developer has to look at the possible development of adjoining
property. Council noted the developer has to make sure they are providing a logical means to
continue the street. The extension of a road to this property isn't clear cut, though Drake Street does
touch the property at one point.
Motion by Orttel, Seconded by Trude, to recommend that we advise the developer for Attachment
B as the preferable option (road to connect with Drake Street) DISCUSSION: Councilmember Trude
did not want to see variances on the lots that abut wetlands. Council also agreed that a part of the
procedure should be that the developer or representative be present; and if not present, the Council
would not consider the proposal. Councilmember Jacobson asked how the partial cul-de-sac would
work that is shown on the lower 10 acres to access the Lachinski property. Mr. Carlberg thought that
may have to be phased in. This is the only physical way to access the Lachinski property from this
property. This is a unique situation, and that will be evaluated with the preliminary plat. Possibly
temporary driveways would have to be allowed until the cul-de-sac is completed. Drainage
requirements will also be evaluated during the preliminary plat stage. Motion carried unanimously.
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Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 6
RECEIVE PRICING/IPOI-1/BALLFIELD FACILITY WEST OF NEW HIGH SCHOOL
(SUPPLEMENTAL)
Motion by Jacobson, Seconded by Trude, that since the budget implications for the ball field work
is higher than anticipated that we authorize Staff to obtain additional prices fÌ'om another fIrm to help
us determine what it may actually cost. DISCUSSION: Mr. Erickson stated irrigation and fencing
would be on top of the $279,000 estimate. The quote was about $79,000 over the amount budgeted.
Hopefully the contractor on site can provide a better price. Staff will obtain additional pricing fÌ'om
the Andover Boulevard contractor to perform this work and bring it back to the Council for
consideration. He felt the estimated management fee was quite high. Hopefully that cost would be
reduced considerably if the contractor already on site did the work. Motion carried unanimously.
SCHEDULE COUNCIL WORKSHOPIANOKA COUNTY CRIME PREVENTION PROGRAM
- PUBLIC COMMUNICATIONS
The Council preference for this item was to meet on July 10, with July 12 as a backup. Staff agreed
to contact the Sheriffs Office regarding those two dates. Council also suggested as a general rule
that the second Tuesday of each month be set aside for special meetings as needed.
M4YOR/COUNCIL INPUT
Review Transient Merchant Ordinance License Requirements - Mayor Gamache stated he asked that
this item be reviewed because of a conversation with those at Andover Floral. They are upset
because they pay taxes in the City, yet street vendors can come in several times a year and undercut
the cost of flowers because they have no overhead. It might not be fair to those who give the City
their business all year round. Councilmember Trude also wondered about the rug sales at the Spur
Station on Hanson Boulevard and Bunker Lake Boulevard. They seem to be there much of the time.
Is that "transient"? Is that what the City wants? Attorney Hawkins advised the zoning ordnance
restricts the type of sales. The City can regulate transient merchants, such as charging a fee and doing
background investigations; but they cannot prohibit them. Council discussion was to look at the fee
structure for transient merchants. Possibly the fee should be for only 30 days or by the day. Attorney
Hawkins stated the charge has to be enough to cover the administrative charge for enforcement and
investigation. It can't be another reason for raising taxes. Staffwas asked to look at the fee structure
and additional restrictions and possibly to clarify the meaning of "transient". An option may be to
license two to three times maximum per year for I 0 days each.
Motorcycle Racing Activities/South Coon Creek Drive - Mr. Carlberg reported on the issue of
motorcycle racing activities just west of the Shady Knoll Park off South Coon Creek Drive. Those
activities are being conducted on weekends and evenings. In a conversation with the property owner,
he was unaware that these activities occurred; and he wants them to stop. The owner has agreed to
sign the property for no trespassing. If the racing continues, the Sheriff's Department can then issue
citations. No Council action is needed.
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Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 7
(Mayor/Council1nput, Continued)
Adult Oriented Activities at Pov's - Mr. Carlberg stated Staff's investigation has found there are
bikini contests there on Thursday evenings. The matter has been turned over to the City Attorney.
Attorney Hawkins stated he has contacted the Sheriff's Department who will be making on-site
investigations and issuing him a report. He will then review the ordinances and the Special Use
Permit issued to Pov's and report back to the Council.
Council Appointments to Community Survey Focus Group - Council noted the appointments
recommended: Park and Recreation Commissioners Al Grabowski, Jim Lindahl and Dave O'Toole;
Sports Complex Task Force Members Gary Shibrowski, Frank Kellogg and Tony Howard; Stafr
support Todd Haas and Jim Dickinson. Councilmembers Trude and Jacobson also volunteered.
Motion by Orttel, Seconded by Knight, to recommend approval of the appointments to the
Community Survey Focus Group as noted with Councilmembers Trude and Jacobson. Motion
carried unanimously.
Schedule Council Workshop/Team Building Work Session - Council proposed the date of August
14, 6 to 10 p.m. for the work session. Staff is to confirm the date with the Brimeyer Group.
Andover Station Update - Mr. Erar explained the Economic Development Authority will discuss the
development agreement for the site on June 26. Staff is still finalizing the details.
Mowing 1ssues - Councilmember Orttel wondered if there should be a provision in the ordinance
that when the issue results because of retribution or a neighborhood dispute that Staff could use its
discretion on enforcement. Mr. Carlberg stated they do recommend mediation services quite a bit.
Unfortunately, it did not work in the situation raised during the Residents' Forum.
Comprehensive Plan Update - Mr. Carlberg reported the information has gone to the Metropolitan
Council staff. The City is waiting for a response.
Watching the Legislative Activities - Councilmember Knight worried that with the way things are
happening at the Capitol, some things are going to get done that are will not be in the City's best
interest. Councilmember Trude noted one of the problems is the legislators will go into secret session
and come out with an agreement without any public input. Councilmember Orttel was very
concerned with the apparent elimination oflocal control resulting from this session. Mr. Erar stated
other cities are sending their city administrators to the legislature every day to sit in on the sessions
and talk with their representatives. He continues to e-mail the legislators and monitor the situation,
and he is willing to go to St. Paul on occasion as well. He will continue to keep the Council apprised
of the legislative actions.
Road Cones on Bunker Lake Boulevard at Crosstown - Mayor Gamache wondered why the cones
are near the corner. Mr. Erickson stated there was some repair done there, but the cones should be
removed soon.
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Regular Andover City Council Meeting
Minutes - June 18, 2001
Page 8
PAYMENT OF CLAIMS
Motion by Jacobson, Seconded by Knight, to approve Claims as presented. Motion carried
unanimously.
The Council recessed at 9:03 to go into executive session with the City Attorney to discuss potential
litigation with Woodland Development; reconvened at 9:42 p.m.
Motion by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously.
The meeting was adjourned at 9:42 p.m.
Respectfully submitted,
~~h~~
Recording Secretary
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