The URL can be used to link to this page

Home My WebLink AboutCC September 21, 2004 CßtAu::t. Q.<y C I T Y 0 F Lmitt1n D ~-()Lf NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Tentative Agenda Regular City Council Meeting - Tuesday, September 21, 2004 Call to Order Pledge of Allegiance Resident Forum a. Longevity Plaque PresentationlFrank Stone-Public Works Supervisor b. ProclamationIDomestic Violence Awareness Month Agenda Approval 1. Approval of Minutes (8/31/04 Special; 8/17/04 Regular; 9/7/04 Regular) Consent Items 2. Approve Payment of Claims - Finance 3, Declare Cost/Order Assessment Roll/02-42/1508 - 148th Lane NW/SS - Engineering 4. Declare Costs/Order Assessment RoIV02-46/New Fire Station #3/SS & WM - Engineering 5. Declare Costs/Order Assessment RolIl03-16/16060 Crosstown Blvd. NW /SS & WM - Engineering 6. Declare Costs/Order Assessment RoIIl03-18/16150 Crosstown Blvd. NW /SS - Engineering 7. Declare Cost/Order Assessment RoIIl03-36/16150 Crosstown Blvd. NW /WM - Engineering 8. Declare Cost/Order Assessment RoIIl03-37/Donohue Creekside Addition/SS & WM -Engineering 9. Declare Cost/Order Assessment RoIIl03-38/14545 Round Lake Boulevard NW/SS - Engineering 10. Accept Feasibility ReportlWaive Public Hearing/04-42/13818 Crosstown Drive NW /WM - Engineering II. Declare Costs/Order Assessment RoIIl04-42/13818 Crosstown Drive NW /WM - Engineering 12. Declare Costs/Order Assessment RolIl04-2/2004 Overlays - Engineering 13. Approve Change Order #1/04-9/Crosstown Meadows - Engineering 14. Approve Tobacco License/CVS Pharmacy - Clerk 15. Amend Fee Ordinance - Engineering 16. Approve 2005 Recycling Agreement with Anoka County - Public Works Discussion Items 17. Receive Anoka County Sheriffs Department MontWy Report - Sheriff 18. Consider Approval/Tobacco Free Parks Policy - Administration 19. Public Hearing/Consider Resolution Modifying Development Dist. No. I and Tax Increment Financing Plan for TIF Dist. No. 1-4 (Continued) - Finance/Planning 20. Accept Feasibility ReportlWaive Public Hearing/Order & Approve Plans & Specs/04-31/1386 - 148th Lane NW/SS & WM (Continued) -Engineering 21. Consider Compo Plan Amendment/Land Use from URH & GB to URM/Andover Station North- Planning 22. Discuss Speed Lioúts in Rural Areas/Approve Resolution to Change Legislation - Engineering Staff Items 23, Schedule EDA Meeting - Administration 24. Schedule Council Workshop-Miscellaneous Business Items -Administration 25. Administrator's Report - Administration Mayor/Council Input Adjournment Regular Andover City Council Meeting Minutes-September 21,2004 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 21,2004 TABLE OF CONTENTS PLEDGE OF ALLEGlENCE ..........................................................................".........................1 RESIDENT FORUM....................................................................................,.............................1 LONGEVITY PLAQUE PRESENTATION/FRANK STONE - PUBLIC WORKS SUPERVISOR.......................................................................................................................1 PROCLAMA TION/DOMESTIC VIOLENCE AWARENESS MONTH .................................2 AGENDA APPROV AL ..................................................................................................".........2 APPROVAL OF MINUTES.......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ,...................,.....................,.....,.......................,......................,.3 Resolution RI45-04 declaring Cost/Order Assessment Rol1/02-42/1508 -148th Lane NW ISS ............,................................................................................................................3 Resolution RI46-04 declaring Costs/Order Assessment Rol1/02-46/New Fire Station #31 SS & WM ........................................................................................................................3 Resolution R147-04 declaring Costs/Order Assessment Rol1/03-16/16060 Crosstown Boulevard NW/SS & WM ...........................................,...................................................3 Resolution RI48-04 declaring Costs/Order Assessment Rol1/03-I8/l6150 Crosstown Boulevard NW ISS ..........................................,................................................................3 Resolution RI49-04 declaring Costs/Order Assessment Rol1/03-36/l6I50 Crosstown Boulevard NW IWM....................................................,....................................................3 Resolution RI50-04 declaring Cost/Order Assessment RoIV03-37/Donohue Creekside Addition/SS & WM .............,.....................,.....................................................................3 Resolution RI51-04 declaring Cost/Order Assessment Rol1/03-38/I4545 Round Lake Boulevard NW ISS .,...,......................,.".......................................................,...................3 Resolution RI52-04 accepting Feasibility Report!Waive Public Hearing/04-42/138 I 8 Crosstown Drive NW IWM ..............................................................................................4 Resolution RI53-04 declaring Costs/Order Assessment Rol1/04-42/138 I 8 Crosstown Drive NWIWM ..................,...........................................................,.................................4 Resolution R154-04 declaring Costs/Order Assessment Rol1/04-2/2004 Overlays ,............4 Resolution RI55-04 approving Change Order #1I04-9/Crosstown Meadows .....................4 Approve Tobacco License/CVS Pharmacy...........................................................................4 Amend Fee Ordinance (Ord. 300) ........................................................................................4 Approve 2005 Recycling Agreement with Anoka County ...................................................4 CONSIDER APPROV AUrOBACCO FREE PARKS POLICY Motion to approve.................................................................................................................,4 PUBLIC HEARING/CONSIDER RESOLUTION MODIFYING DEVELOPMENT DIST. NO. I AND TAX INCREMENT FINANCING PLAN FOR TIF DIST. NO 1-4 (CONT) Motion to approve (Res. ..RI56-04)......................................................................................5 ACCEPT FEASIDILITY REPORTIW ANE PUBLIC HEARING/ORDER & APPROVE PLANS & SPECS/04-3111386 - I 48TH LANE NW/SS & WM (CONTINUED) Motion to approve (Res. RI57-04)........................................................................................7 Regular Andover City Council Meeting Minutes - September 21, 2004 Page 13 Regular Andover City Council Meeting Minutes - September 21, 2004 Table of Contents Page ii CONSIDER COMPo PLAN AMENDMENT/LAND USE FROM URH & GB TO URMJ ANDOVER STATION NORTH Motion to approve (Res. RI58-04)....................................,...................................................8 DISCUSS SPEED LIMITS IN RURAL AREAS/APPROVE RESOLUTION TO CHANGE LEGISLATION Motion to approve (Res. RI59-04) ........................................................................................9 TEMPORARY WORK SPACE EASEMENT NORTHERN NA ruRAL GAS Motion to approve.......................................,..........................................................................9 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Moved to next meeting .................,........................................................................................1 0 SCHEDULE EDA MEETING ....................................................,..............................................1 0 SCHEDULE COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS lTEMS................I 0 ADMINISTRATOR'S REPORT ..........................................,...................,................................1 0 MAYOR/COUNCIL INPUT Sheriff's Help with Locked VehicIes.....................................................................................11 Liquor Ordinance Measurements..................,.......................,................................................11 Andover Huskies Football Team ...........................................................................................11 ADJOURNMENT ..,.............................,....................,................................................................11 - - . REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 21, 2004 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 21, 2004 7 :03 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 Hawkins City Engineer, Dave Berkowitz City Administrator, Jim DickillSon Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the City Council. LONGEVITY PLAQUE PRESENTAT/ON/FRANK STONE - PUBLIC WORKS SUPERVISOR City Administrator Dickinson explained as of June 29, 2004, Frank Stone, Superintendent of Public Works, has been an employee of the City of Andover for 25 years. Mr. Stone was originally hired as a Maintenance Person in the department of public works. In 1983 he was promoted to the Supervisor of Operations and Utilities and in 1991 he was promoted to Superintendent of Public Works, Frank has been an integral part of this community and his service is valued. Mayor Gamache presented Mr. Frank Stone with a longevity plaque for serving the City of Andover and its residents for the past 25 years. Mr. Stone thanked the Council for the plaque and stated it has been a pleasure working for the City. Councilmember Trude thought it spoke well of Mr. Stone to have almost his entire department appear at the meeting to thank him. Councilmember Orttel stated he was one of those who hired him and he thought he did wonders for the City. Councilmember Knight seconded that Mr. Stone is a diamond and a pro at what he " Regular Andover City Council Meeting Minutes-September 21,2004 Page 2 does. PROCLAMATlONIDOMESTIC VIOLENCE AWARENESS MONTH City Administrator Dickinson stated as part of the effort by Alexandra House to bring awareness of this growing community problem, they have asked that the Andover City Council consider proclaiming October as Domestic Violence Awareness Month. Mayor Gamache read the Proclamation and proclaimed October as Domestic Violence Awareness Month. AGENDA APPROVAL Add Item 22a, (Temporary Work Space Easement). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 31, 2004, Special Meeting: Correct as written. August 17, 2004. Regular Meeting: Correct as amended. September 7, 2004, Regular Meeting: Tabled. Motion by Trude, Seconded by Knight, approval of August 31, 2004 Minutes as indicated above. Motion carried unanimously, Councilmember Trude stated the August 17th meeting the correction was in the motion when they appointed the City Administrator, there was a little error. She stated in the minutes she asked if the amendment to the motion on page ten was okay and the Mayor stated it was and then they voted on the motion and they never rescinded anything. She wanted to correctly reflect the motion they took. "The amendment was accepted bv the maker..." and delete that the motion was rescinded and delete a motion and second and have the motion carried unanimously. The previous motion was amended to have Mr. Dickinson begin immediately, Councilmember Jacobson thought if the wording were changed to amended instead of rescinded, it would take care of the problem, Councilmember Trude thought it would be all right too. Motion by Trude, Seconded by Jacobson, approval of August 17, 2004 Minutes as indicated above. Councilmember OrtteI asked what the amendment was for in the motion. Councilmember Trude Regular Andover City Council Meeting Minutes - September 21, 2004 Page 3 stated she suggested they amend the agreement so it was effective immediately. Councilmember Orttel stated this was an amendment to the agreement not an amendment to the motion. Councilmember Trude stated he was correct and thought the previous motion should be deleted because they were not amending the motion, they were amending the agreement. Motion carried unanimously. Councilmember Trude stated there was a minor change in the September 7th minutes. The sentence does not carry over and some text is missing fÌ'om the bottom of page one and top of page two. It does not seem to make sense and some sentences need to be added. She asked if the tape fÌ'om that meeting could be reviewed because they need tD know who the speaker is when it came to the five- year plan, The additional wording from the minutes on the bottom of page one that was missing was "...drop down because of the hazards. Mr. Berkowitz thought the speed studv was underwav. Thev requested that from the County earlier this vear. Mr. Ouiglev thought the section from Hanson Boulevard..." Councilmember Trude stated on page two she made a comment stating "she thought it was presented and handled very well bv the students". She was not referring to the Parks Commission; she was referring to the students. City Administrator stated they would have the tape reviewed, corrections noted and returned to the Council for approval. CONSENT ITEMS Item 2 Approval of Claims Item 3 Declare Cost/Order Assessment RolI/02-42/l508 - 148th Lane NW/SS (See Resolution RI45-04) Item 4 Declare Costs/Order Assessment RolI/02-46/New Fire Station #3/SS & WM (See Resolution RI46-04) Item 5 Declare Costs/Order Assessment RolI/03-l6/l6060 Crosstown Blvd. NW /SS & WM (See Resolution RI47-04) Item 6 Declare Costs/Order Assessment RolI/03-l8/l6150 Crosstown Blvd. NW/SS (See Resolution RI48-04) Item 7 Declare Cost/Order Assessment RolI/03-36/16150 Crosstown Blvd. NWIWM (See Resolution RI49-04) Item 8 Declare Cost/Order Assessment Roll/03-37/Donohue Creekside Addition/SS & WM (See Resolution RI50-04) Item 9 Declare Cost/Order Assessment RolI/03-38/l4545 Round Lake Boulevard NW/SS (See Resolution RI5I-04) Item 10 Accept Feasibility Report/Waive Public Hearing/04-42/138l8 Crosstown Drive Regular Andover City Council Meeting Minutes - September 21, 2004 Page 4 NW/WM (See Resolution RI52-04) Item 11 Declare Costs/Order Assessment RolV04-42/13 818 Crosstown Drive NW /WM (See Resolution RI53-04) Item 12 Declare Costs/Order Assessment RoIV04-2/2004 Overlays (See Resolution RI54-04) Item 13 Approve Change Order #1I04-9/Crosstown Meadows (See Resolution RI55-04) Item 14 Approve Tobacco License/CVS Pharmacy Item 15 Amend Fee Ordinance (Ord. 300) Item 16 Approve 2005 Recycling Agreement with Anoka County Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER APPROVAUTOBACCO FREE PARKS POLICY City Administrator Dickinson explained Ms. Rachel Hilyar from Anoka County Community Health and Community Representatives were at the September 7, 2004 Council meeting to provide the Council with a presentation on Tobacco Free Parks. The Council directed City Staff to bring a Tobacco-Free Policy back to the next Council meeting for review. City Administrator Dickinson discussed the staff report with the City Council and noted Anoka County Community Health will provide appropriate signage for the City park entrances. Mayor Gamache stated he was looking at the surrounding cities' policies and one of the items they have under compliance procedures is "appropriate City owned park land". He stated he would like to add "appropriate" to the policy. Mr. Dickinson thought that would make sense and would be an appropriate modification. Councilmember Orttel thought when they discussed this before, they were talking about not allowing smoking at youth activities and now they are expanding it to all parks in the City. Mayor Gamache wondered when they would have this be appropriate in the parks and which areas would be appropriate. Councilmember Orttel wondered if this would also include trails in the City. City Administrator Dickinson stated the trails within the parks would be park but transportation type trails would not. Mayor Gamache wondered if they would specifically name the parks this would include. Mr. Berkowitz stated they could look at this and make the determination. Councilmember Orttel wondered if Anoka County Community Health provides the signs but does not currently have a policy in place regarding this. Ms. Hilyar stated that was correct but they are looking at policies that would be most appropriate for them. She stated the park system is looking at a policy but they have not adopted one for their parks yet. Councilmember Jacobson stated he had a problem with the statement typed by staff. He stated the wording in the policy and in the City information does not match up; they either have a policy of no tobacco products on City park land or they do not. They cannot make it voluntary if they do not - ~ ~- --- Regular Andover City Council Meeting Minutes -September 21,2004 Page 5 allow tobacco products on park land. He stated if they do not allow the use of tobacco products, why are they passing this. All they have to do is put up a sign stating Andover does not allow tobacco products. City Administrator Dickinson stated they currently do not have a policy and they are not making any ordinance modifications. A sign was shown that will be used in the parks. Councilmember Jacobson stated he was not against what they were trying to do but the sign and policy words do not match. Councilmember Knight thought this was an attempt to try to get people to comply without punishment. Further discussion was brought up regarding the policy, Ms. Sarah Nelson stated she had two additional letters of support for this policy. Motion by Knight, Seconded by Trude, to approve the attached "Andover Parks and Recreation Tobacco-Free policy" with modified language. Councilmember Trude stated she did not have a problem with this because even people she has talked to that do smoke tell her they do not smoke around others and they would not mind having this policy in force. Motion carried 4 ayes, 1 present (Jacobson). Councilmember Jacobson stated he is voting present because he does not object to what Anoka County Community Health is trying to do but he did object to how they are doing it here. PUBLIC HEARING/CONSIDER RESOLUTION MODIFYING DEVELOPMENT DIST. NO.1 AND TAX INCREMENT FINANCING PLAN FOR TIF DIST. NO. 1-4 (CONTINUED) City Administrator Dickinson explained the Council has had continued Public Hearings on August 17, and September 7, 2004 to allow additional information to be assembled and additional public input. All the additional inspections and information is now available. Mayor Gamache asked Mr. Dickinson to explain how long a TlF District comes into effect. Councilmember Orttel stated the last line on the first page of the report states "the estimated increment would be about $300,000 a year," He assumed this was at full build out. Ms. Eldridge stated that was correct, they have estimated a large number because if they estimate a small number, they would have to come back and modifY. Generally when they are estimating the tax increment, they go for the maximum amount they think is going to happen over the life of the District so they do not have to come back and update, That $300,000 a year is based on a sixteen million dollar increase from what is there now. Councilmember Orttel wondered if that included inflation and what was Regular Andover City Council Meeting Minutes - September 21, 2004 Page 6 there now. Ms. Eldridge stated it did. Councilmember Jacobson wanted to make sure that people understand that this is not free government money that is going to be used to put in road, sewer, water and everything else. They have to do something in order for this to happen. Ms. Eldridge stated one of the things that would happen would be each individual who requests assistance would have to go through the "but-4" for their particular project. llis means they would have to prove that without this assistance, they could not afford it and would not do it and each individual project will have to go through that analysis before they would advise the City to approve a developer agreement that would include assistance from the tax increment. Councilmember Orttel questioned what the significance of the last item in the EWers report is. Ms. Eldridge stated at this point, there is no tax increment in the fund and the State Auditor has talked the legislature into putting into law that if an interfund loan resolution is not adopted prior to making expenditures out of a TIF Fund, the city cannot reimburse itself from the TIP when it gets it. Councilmember Jacobson asked for clarification, what the money can and can not be used for in the TIP District. Ms. Eldridge stated in a Redevelopment Tax Increment Financing District ninety percent of the money must be used to correct the conditions that caused the District to be established. She stated some of those conditions are non-conforming uses and substandard buildings. Tax increment can be used for upgrades to buildings, sometimes façade upgrades and infrastructure. Councilmember Jacobson stated they cannot take money out of this for an owner to build a new building and this is not a business loan fund. Ms. Eldridge stated this is correct. Councilmember Trude stated another point is this area is not an attractive site at all and this is the ideal situation that the State of Minnesota allows this kind of district. Some improvement or upgrade would improve their tax value and function. She thought this would also improve the neighboring values. Councilmember Knight asked City Administrator Dickinson to explain the process. Councilmember Orttel stated the best example of TIP Redevelopment site would be the old junk yard area. Mayor Gamache opened the public hearing for comments. Ms. Hogendorf wondered if the remaining ten percent monies would be available from the association and would be private money. Mayor Gamache stated it would be private funded. Councilmember Trude stated if the developers were looking at buying land from her, it would be comparable to buying land somewhere else. Ms. Hogendorfstated it sounds like development would start in the spring of2005. Mr, Dickinson stated they have one application in for improvements and that is on the west side of the property, Ms. Hogendorf wondered if leaving the Heyen's property in the TIP District has any reflection on Regular Andover City Council Meeting Minutes - September 21, 2004 Page 7 anything that would be done on the property. Councilmember Trude stated they do not have any plans at this time so they want creative financial tools so the private sector can do the things they want to do. They do not have any plans before them but they want to create the opportunity for plans. She stated they will not see big changes immediately and there are no plans that can come forward without these tools in place. Mr. Rick Lindquist explained he is the business owner who wants to start upgrading his property. He described what his plans are, Councilmember Orttel wondered if the increment on this district is going to be site specific. Mr. DickinsDn stated they would like to tie this to the performance of each particular parcel. Councilmember Orttel stated his concern is there was talk about one central sewer and water system and that would have to come from all properties in order to share that and there would need to be a substantial amount of properties going ahead at the same time in order to fund that and he wondered how they would deal with that. Mr. Dickinson stated to deal with that type of situation at this time would be premature until they know what the partnership is. Ms. Mary Heyen stated she did not understand any of this. She asked why they are included. Mr. Dickinson stated the reason mainly for this was more options, creating a district and in staff's opinion to include as many parcel as they can. It is easier to take parcels out of the district than to put parcels into a district. He stated their property is not a substandard parcel but is a benefit to the District. Ms. Heyen wondered if they would be included in the district whether they want to be included or not. Councilmember Trude stated the Council needs to discuss this and the owner does not need to sign anything. Motion by Jacobson, Seconded by Trude, to close the public hearing at 8: I 8 p.m. Motion carried unanimously. Motion by Trude, Seconded by Orttel, to approve the attached resolution, with properties included as shown earlier. Councilmember Jacobson wondered if the resolution is referencing the sheet with the parcels and pin numbers. It was indicated that was correct. Motion carried unanimously. (Res. RI56-04) ACCEPT FEASIBILITY REPORTIW AlVE PUBLIC HEARING/ORDER & APPROVE PLANS & SPECS/04-31/1386 _148TH LANE NW/SS & WM (CONTINUED) City Engineer Berkowitz stated this item is in regard to approving the resolution accepting the feasibility report, waive public hearing, ordering and approving plans and specifications and Regular Andover City Council Meeting Minutes - September 21, 2004 Page 8 authorize obtaining quotes for Project 04-31,1386 - 148th Lane NW for sanitary sewer and water main. Motion by Jacobson, Seconded by Knight, to approve the resolution accepting the feasibility report, waive the public hearing, order and approve plans and specifications and authorize obtaining quotes for Project 04-31, 1386-I48thLaneNW. Councilmember Trude wondered how they came about with the new dollar amount of$36,000 when last week staff indicated it would be around $75,000. Mr. Berkowitz stated the discussion was what is a fair and equitable amount to this property if compared to other residential properties. They explained at the last meeting that it is typically in a reconstruct, a little bit higher so that is how the dollar amount was established. Instead of a standard twenty or twenty-two thousand dollar assessment per unit, they negotiated a little higher price because of the reconstruction. Motion carried unanimously. (Res. R157-04) CONSIDER COMPo PLAN AMENDMENTILAND USE FROM URH & GB TO URM/ANDOVER STATION NORTH Community Development Director Neumeister explained a 26-acre section of Andover Station North currently has two Land Use Designations: Urban Residential High (URH) and General Commercial (GH). The Land Use Designation needs to be changed to Medium-Density Residential (URM). Motion by Knight, Seconded by Jacobson, to approve the proposed Comprehensive Plan Amendment. Councilmember Trude stated she was going to vote against this because she hated to see any of their land zoned commercial have to go to residential and she understood the thinking of the other Councilmembers but she was concerned with the loss of the tax base, Mr. Neumeister showed the map of the area and explained the different zonings. Councilmember Jacobson stated in essence, while it is not a rezoning by doing what they are doing, they will have to rezone it later on and they are actually rezoning someone else's property who has not petitioned for it. He wanted to make sure the owner is aware of it and has not voiced any opposition to it. Mr. Neumeister stated they have talked to Mr. Povlitzki and he is not in opposition of it. Mayor Gamache asked for clarification on the URH area. He wondered how many units they would have for the ten acres. Mr. Neumeister stated the agreement was 120 units. Mayor Gamache asked what the new count would be. Mr. Neumeister stated it would be approximately six units per acre. Motion carried 4 ayes, 1 nay (Trude). (Res. RI58-04) Regular Andover City Council Meeting Minutes - September 21, 2004 Page 9 DISCUSS SPEED LIMITS IN RURAL AREAS/APPROVE RESOLUTION TO CHANGE LEGISlATION City Engineer Berkowitz stated this item is in regard to a resolution to change legislation regarding the speed limit in rural areas. At the last meeting, the Council requested staff bring back a resolution for approval to assist Representative Chris DeLaForest in pursuing this new legislation to reduce the current speed limit in rural areas of Andover from 55 MPH to 30 MPH, Councilmember Trude thought they should seek both of their State Representatives' support in this. Councilmember Jacobson thought they should include Senator Johnson. Councilmember Orttel stated this is not a local issue; they should have the League of Cities involved. He stated all the Cities in the State run into this. Mayor Gamache agreed and said he was going to talk to the other Representatives regarding this. Motion by Knight, Seconded by Gamache, to approve the resolution to pursue legislation to reduce the current speed limit in rural areas from 55 MPH to 30 MPH. Motion carried unanimously. (Res. RI59-04) TEMPORARY WORK SPACE EASEMENT NORTHERN NATURAL GAS Motion by Jacobson, Seconded by Trude to approve the temporary easement for Northern Natural Gas. Councilmember Trude stated she noticed some comment was made in the staff report that they are discussing the playground removal and they would help subsidize new playground equipment. Mr. Dickinson stated at this point in time, they are not exactly positive what that would be. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT It was indicated this item would be carried over to the next City Council meeting for lack of representation. Councilmember Trude commended the SheriIT's Department on their actions in Ramsey in capturing a criminal and thought they did an excellent job. SCHEDULE EDA MEETING Regular Andover City Council Meeting Minutes - September 21, 2004 Page 10 Motion by Trude, Seconded by Orttel, to schedule and EDA meeting for October 5, 2004 at 6:00 p.m, Councilmember Trude noted there has been a person on the board that has been absent more than fifty percent of the time and she thought they could pull their records and see if they need to reappoint. Motion carried unanimously. SCHEDULE COUNCIL WORKSHOP - MISCELLANEOUS BUSINESS ITEMS City Administrator Dickinson explained the Council is requested to schedule a Special Council Workshop for the month of October. A number of business items will be addressed at this meeting, Councilmember Jacobson stated he would not be available for this meeting. Mr. Dickinson stated they could see how far they get in their next workshop and he could bring this back to the next meeting or not have a workshop in October. Councilmember Trude thought they could skip the October meeting and have a larger meeting in November or add some of the items to their regular agenda. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council on various items of interest to the City Council and to the residents. Mr. Dickinson updated the Council on the Community Center. Mr. Berkowitz updated the Council on road improvement projects. Mr. Neumeister updated the Council on development activities. Mr. Dickinson updated the Council on miscellaneous City items. Councilmember Trude stated last week Mr. Quigley carne before the Council and she wondered ifhe is being asked to do something more extensive. Mr. Berkowitz stated at this point, they are not being asked to do anything more than what has been done in front of City Hall. Councilmember Trude thought maybe they could see if Mr. Quigley could do minimal improvements at this time with the hope they could upgrade this to a greater extent in the future when the County plans for improvements to this area. Regular Andover City Council Meeting Minutes - September 21, 2004 Page 11 MAYOR/COUNCIL INPUT (Sheriffs help with Locked Vehicles) - Councilmember Jacobson asked City Attorney Hawkins if the Sheriff's Department helps with a locked vehicle in a parking lot, and they affect the operation of air bags on the car, because some of the newer cars have the electrical connections for the air bags in the door, if they do not deploy during an accident, could the City be sued. City Attorney Hawkins stated the Sheriff is responsible for their actions and he did not think the City could be liable for this. Councilmember Trude stated this action would be solicited by the owner of the vehicle and she did not think the City or Sheriff's Department could be held responsible. (Liquor Ordinance Measurements) - Mayor Gamache wondered when talking about the Liquor Ordinance, he asked if they will they have the State Law and how it is related to the City when they discuss this. City Attorney Hawkins stated there is no State Law that prohibits the sale of liquor within one thousand feet of a public school. That is a requirement in the Ordinance. There are State laws that talk about the distances between College Institutions but when it comes to local schools, it is strictly the City's decision on whether they want to do this. The Ordinance is one thousand feet and he has always interpreted that from building corner to building corner but if they look at how the State law reads, they have all different ways of doing it and they need to clarifY how the Council wants this measured. (Andover Huskies Football Team) - Mayor Gamache congratulated the Andover Huskies Football Team on the effort they made to try to win the game against Anoka High School. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:05 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary