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HomeMy WebLinkAboutCC January 6, 1998 CITY of ANDOVER Regular City Council Meeting - Tuesday, January 6, 1998 agenda Call to Order Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes EDA Meetinl! Approve Official Depositories & Banks approfficial Ol1!anizationalltems 1. Approve Official Depositories & Banks deposit 2. Approve Official Newspaper newspaper 3. Appoint Acting Mayor mayor 4. Appoint Standing Committees standing Discussion Items 5. Amend Comprehensive PlanlLand Use Planl26XX - l38th Ave NW/Erickson, Continued acperickson 6. Rezoning/26XX - 138th Ave NW /Erickson, Continued rezerickson 7. Public HearinglVacate Easements/The FannsteadIPresbyterian Homes phfarmstead 8. Approve Final Plat/The Fannstead fpfarmstead 9. Hearing(Continued)lPrivate KenneVI7900 Uplander St. NW/Eugene Olson holson 10. Update of Winslow Hills 4th Addition update II. Discuss Anoka County 5-year Highway Improvement Plan acty5yr 12. Schedule Planning Workshop workshop 13. Amend Ordinance No. IIO/Regulating Therapeutic Massage ordllO 14. Noise Ordinance No. 230IPov's Sports Bar ord230 IS. Set Date for Review of Administrator review Staff. Committees. Commissions 16. Schedule InterviewsIPark & Recreation Commission intervw 17. Appoint ChainnanIPark & Recreation Commission chairman 18. Discuss Adult Softball Tournament Application Fonn adult Non-Discussion/Consent Items 19. Approve 1997 Fund Reservations fund 20. Approve Utility Billing Contract utility 21. Approve Final Payment/9S-14/Crooked Lake Blvd. NW fp9514 22. Approve Final Payment/97-38/0Id Is Gold/I40S6 Raven Street NW fp9738 23. Approve Final Plat/Chesterton Commons 2nd Addition fpchesterton 24. Accept Petitionl97-S0/SS & WMll4314 Crosstown Blvd. NW pet9750 25. Approve Feasibility Report/97-50/SS & WMIl43 14 Crosstown Blvd. NW appr9750 26. Approve 1998 Park Capital Improvement Budget aprpark 27. Approve Resolutionll998 User Fees/Field and Rink Use aprfees 28. Update ofLRRWMO Watershed Management Plan Irrwmo Mayor/Council Input Payment of Claims Adjournment .... ... .--.0,-...---. 0- _. .._ ".~." . .. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 6, 1998 TABLE OF CONTENTS --------. RESIDENT FORUM ..................................................... 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA Approve 1997 Fund Reservations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve utility billing contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution ROOI-98 approving final payment/IP9S-14/Crooked Lake Blvd. . . . . . . . .. 2 Resolution-RÖ02·~98 approving final payment/IP97-38/0Id Is Gold/140S6Raven . . . .. 2 Resolution R003-98 accepting petitionlIP97-S0/SalÚtary Sewer and Watermain/14314 Crosstown Boulevard .............................. 2 Resolution R004-98 accepting feasibility report/IP97-S0 ....................... 2 Approve 1998 Park Capital Improvement Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R005-98 approving 1998 Use Fees/Field and rink. . . . . . . . . . . . . . . . . . .. 2 Update ofLRRWMO Management Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Approve 1998 non-intoxicating on-sale liquor license/Tasty Pizza ................ 2 - APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 OFFICIAL DEPOSITORIES AND BANKS Resolution R006-98 designating depositories of City funds. . . . . . . . . . . . . . . . . . . . .. 2 OFFICIAL NEWSPAPER Motion to approve Anoka County Union as the official newspaper . . . . . . . . . . . . . . .. 3 ACTING MAYOR Motion to appoint Mike Knight Acting Mayor ......... . . . . . . . . . . . . . . . . . . . . .. 3 ST A1\'DING CŒvlMITTEES Motion to approve appointments ......................................... 3 AMEND COMPREHENSIVE PLAN/LAND USE PLAN/26XX 138TH A VEÆRICKSON Resolution R007-98 amending Comp Land Use Plan from C to RU ... . . . . . . . . . . .. 3 REZONING/26XX 138TH AVENUE NEWÆRICKSON Motion to amend Ordinance to rezone property to R-4 . . . . . . . . . . . . . . . . . . . . . . . .. 4 PUBLIC HEARING/V ACATE EASEMENTS/THE F ARMSTEADIPRESBYTERIAN HOMES Resolution R008-98 approving the vacation of easements. . . . . . . . . . . . . . . . . . . . . .. 4 FINAL PLAT/THE FARMSTEAD Resolution R009-98 approving the final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 HEARINGIPRIV A TE KENNEL/I 7900 UPLANDER/EUGENE OLSON Motion to approve the request .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. S UPDATE OF WINSLOW HILLS 4TH ADDITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. S PRESENTATION ON BEHALF OF THE ANDOVER LIONS ..................... 7 DISCUSS ANOKA COUNTY FIVE-YEAR HIGHWAY IMPROVEMENT PLAN . . . . .. 7 SCHEDULE PLANNING WORKSHOP (March 31 & June 30) . . . . . . . . . . . . . . . . . . . .. 7 AMEND ORDINANCE NO. llO/REGULATING THERAPEUTIC MASSAGE Motion to approve amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 NOISE ORDINANCE NO. 230IPOV'S SPORTS BAR REVIEW OF ADMINISTRATOR Motion to schedule February 17 for review of Administrator .................... 8 ENCROACHMENT IN EASEMENTS/LEADENS .............................. 8 SCHEDULE INTERVlEWSIPARK AND RECRFATION COMMISSION Motion to schedule interviews on February 3 ............................... 10 --.- ---~---_._- + ---- .. --- -..-._- -""1'----- __. "___h'_ ,__. . L . ~. _ Regular Andover City Council Meeting Minutes - January 6, 1998 Table of Contents Page ii APPOINT CHAIRMANIPARK AND RECREATION COMMISSION Motion to table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DISCUSS ADULT SOFTBALL TOURNAMENT APPLICATION FORM ........... 10 -- APPROVAL OF CLAIMS ................................................ 12 ._ ADJOURNMENT....................................................... 12 _.- -~~-~--_. -""'!---- ..--..--.._.--. . - >.. - . - - - - \-.;I..D-<"I'6 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 6, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, January 6, 1998, 7:00 p.m., at the Andover City Hall, 1685 Crosstówn Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, John Kunza, Ken Orttel Councilmember absent: Bonnie Dehn Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Finance Director, Jean McGann City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM JeffLeadens. 2776 164th Avenue - stated the City brought charges against him for a retaining wall which is considered an encroachment He had 25 pictures taken within a half-hour's time proving there are numerous other retaining walls in the City. The Council agreed to add the item to the agenda for discussion. Mark Daggar 13330 Marigold - asked to move Item 18, Discuss Adult Softball Tournament Application Form, to the next meeting or leave it where it is so he can comment on the item. He has a previous commitment to attend at this time, but could make it back to discuss the item later in the meeting. The Council agreed to leave the item as is. AGENDA APPRO V AL Add Item 15a, Encroachments in Easements/Leadens; add Item 29, Approve 1998 Non-Intoxicating On-Sale liquor License/Tasty Pizza; Table item 23, Approve Final Plat/Chesterton Commons 2nd Addition, to the January 20 meeting per the request of the developer's attorney. Motion by Orttel, Seconded by Kunza, to approve the Agenda as amended. Motion carried on a 4- Yes, I-Absent (Dehn) vote. -.. _. . ..- . .. .. ... . ---... ." --..- .' ,-'. . .. ". Regular Andover City Council Aleeting Minutes - January 6, 1998 Page 2 CONSENT AGENDA Item 19 Approve 1997 Fund Reservations Item 20 Approve Utility Billing Contract Item 21 Approve Final Payment/IP9S-14/Crooked Lake Boulevard NW (See Resolution ROO 1-98) Item 22 Approve Final Payment/IP97-38/0Id Is Goldl140S6 Raven Street NW (See Resolution ROO2-98) Item 24 Accept PetitionJIP97-S0/Sanitary Sewer and Watermain/I4314 Crosstown Boulevard NW (See Resolution R003-98) Item 2S Approve Feasibility Report/IP97-S0/Sanitary Sewer and Watermain/14314 Crosstown Boulevard NW (See Resolution R004-98) Item 26 Approve 1998 Park Capital Improvement Budget Item 27 Approve Resolutionl1998 User Fees/Field and Rink Use (See Resolution ROOS-98) Item 28 Update of Lower Rum River Water Management Organization Watershed Management Plan Item 29 Approve 1998 Non-Intoxicating On-Sale Liquor LicensefIasty Pizza Jr[otion by Kunza, Seconded by Knight, to approve the Consent Agenda. Motion carried on a 4- Yes, I-Absent (Dehn) vote. APPROVAL OF MINUTES December 16, 1997, Regular Meeting: Correct as written. December 16, 1997, EDA Meeting: Correct as written. December 16, 1997, Closed EDA Meeting: Correct as written. Moûon by Orttel, Seconded by Kunza, to approve as written. Motion carried on a 4- Yes, I-Absent (Dehn) vote. The Council meeting was recessed to hold an EDA meeting, 7:09; reconvened at 7: 11 p.m. APPROVE OFFICIAL DEPOSITORIES AND BANKS l'rlotion by Orttel, Seconded by Kunza, the Resolution designating depositories of City funds and supplemental depositories of City funds for investment purposes only. (See Resolution R006-96) Motion carried on a 4- Yes, I-Absent (Dehn) vote. -. -- -.-~-_. -.... ----- .._-.._.,~~,-- .-... - . Regular Andover City Council Meeting Minlltes - Janllary 6, 1998 Page 3 APPROVE OFFICIAL NEWSPAPER Mayor McKelvey asked for a motion to approve the Anoka County Union as the official newspaper for 1998. Motion by Kunza, Seconded by Knight, to so move. Motion carried on a 4-Yes, I-Absent (Dehn) vote. APPOINT ACTING MA fOR Mayor McKelvey recommended appointing the senior member on the Council, Mike Knight, as the Acting Mayor. Motion by Kunza, Seconded byOrttel, to so move. Motion carried on a 3-Yes, I-Present (Knight), ] -Absent (Dehn) vote. APPOINT STANDING COMMITTEES The follov.ing appointments were recommended: Road Committee - John Kunza, Chair; Ken Orttel. Economic Development Committee - Ken Orttel, Chair; Jack McKelvey. Public Safety Committee - Mike Knight, Chair; John Kunza. Personnel Committee - Bonnie Dehn, Chair; Jack McKelvey. E.ì/vironmental Committee - Bonnie Dehn, Chair; Mike Night. Motion by Kunza, Seconded by Knight, to so move. Motion carried on a 4- Yes, I-Absent (Dehn) vote. AMEND COMPREHENSIVE PLAN/LAND USE PLAN/26XX H8TH AVE NW/ERICKSON Mr. Hinzman noted the item was tabled at the December 16, 1997, City Council meeting in order to obtain a proposal for screening between the proposed residential area and the existing commercial area to the south. He noted the January 5, 1998, letter from the potential property owners to install a six-foot wood fence on the south side of both parcels. The Council felt the proposal would provide an acceptable screening between the two uses. Alotion by Orttel, Seconded by KlÚght, the Resolution amending the Comprehensive Land Use Plan of the City of Andover from C, Commercial to RU, Residential Urban Single Family of property at 26xx 138th Avenue NW. (See Resolution R007-98) Motion carried on a 4-Yes, I-Absent (Dehn) vote. --.-"--'..-.--. . - ._, --. Regular Andover City Council Meeting Minutes - January 6, 1998 Page 4 REZONING/26XX B8TH A VENUE NW/ERICKSON, CONTINUED Motion by Orttel, Seconded by Knight, the ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover on the rezoning for 26xx 138th Avenue subject to the approval of the Comprehensive Land Use Plan by the Metropolitan Council. Motion carried on a 4- Yes, I-Absent (Dehn) vote. PUBLICHEARINGIVACATE EASEMENTSíI'HE FARMSTEAD/PRESBYTERIAN HOMES Mr. Hinzman explained the platting of The Farmstead involves two areas. The western portion was formerly a commercial lot of the Andover Commercial Shopping Center. The easements in place will also be necessary for the final plat, so no vacation of easement is required there. The area to the north currently zoned R-4 originally consisted of five lots. Those five lots are being reduced to four lots to accommodate the construction of a cul-de-sac at the end of Orchid Street. That change requires the vacation of existing easements. New easements will be dedicated with the final plat. There are no utilities in the existing easements. The four single family residential lots will have the same covenants as the Woodland Creek development. Mayor McKelvey opened the public hearing for testimony. There was none. He asked for a motion to close the public hearing. Motion by Kunza, Seconded by Knight, to so move. Motion carried on a 4- Yes, I-Absent (Dehn) vote. 7:21 p.rn. Motion by Knight, Seconded by Kunza, the Resolution as presented (See Resolution R008-98 granting the vacation of easement request of Presbyterian Homes Housing and Assisted Living to vacate drainage and utility easements in the vicilÚty of the "Round Barn" site located at 331 Bunker Lake Boulevard NW) Motion carried on a 4- Yes, I-Absent (Dehn) vote APPROVE FINAL PL4TíTHE FARMSTEAD Mr. Carlberg explained Presbyterian Homes and Assisted Living, Inc., is requesting approval of the final plat for The Fannstead development project. There will be some changes on the final plat which is in the packet before the Council. The plat will be called The Farmstead, plus additional easements will be necessary. Alotion by Orttel, Seconded by Kunza, the Resolution approving the final plat development of The Farmstead as being developed by Presbyterian Homes Assisted Living, Inc., as prepared. (See Resolution R009-98) Motion carried on a 4- Yes, I-Absent (Dehn) vote. - ,-- -~_.._.~- .--- --_._----_. --.... n. ,--..~,-~ . - .þ. Regular Andover City Council Meeting Minutes - January 6, 1998 Page 5 HEARING (CONTINUED)/PRIVATE KENNEU17900 UPLANDER STREET NW/ EUGENE OLSON Mr. Carlberg reviewed the background of the request for a private kennel license by Eugene Olson on 2.3 acres at 17900 Uplander Street NW. The request was for eight dogs of the pit bull variety. The Council discussed the item at the August 19, 1997, City Council meeting, and the concern was that the ordinance lacked verbiage relating to private and commercial kennels. On Novembcr 4, 1997, the City Council approved a revised Ordinance 233 Regulating the Keeping of Dogs and Cats which set requirements for fencing and enclosures and set the maximum number of dogs per private kennel license to six. He also referenced a site map showing the dog houses and enclosures. Mayor McKelvey reopened the public hearing. Dave Sollars 23S1 180th Avenue NW - stated he has reviewed the kennel ordinance as amended. His ilÚtial concern was with the vague language and lack of confinement. With the revised ordinance, provided the guidelines are followed by the City, he would have no objections to issuing the license for Mr. Olson. His only concern is that the ordinance is followed and that the dogs are confined so they cannot dig or jump out. Mayor McKelvey stated the ordinance will be followed. Because there was no further public testimony, he asked for a motion to close the public hearing. Motioll by Kunza, Seconded by Knight, to so move. Motion carried on a 4- Yes, I-Absent (Dehn) vote. 7:30 p.m. Mr. Carlberg noted the fencing will have to be constructed prior to the issuance of the license. Staff will inspect the site to be sure the kennel meets the site plan criteria. Motioll by Orttel, Seconded by KlÚght, approval of the request. Motion carried on a 4- Yes, I-Absent (Dehn) vote. UPDA TE OF WINSLOW HILLS 4TH ADDITION Mr. Erickson reported Staff met with Winslow Holasek on December 4, 1997, to discuss the utility and street improvements for the next phase of his development, Winslow Hills 4th Addition. The four areas of concern are the services of water, sanitary sewer and storm sewer plus the timing of the project. He did not feel water to the site would be an issue because there is water service at IS2nd to service the property. Currently the deep trunk salÚtary sewer is located on IS0th Lane. There is also a lateral trunk constructed off IS2nd Lane to the north which is a shallower line. Mr. Holasek had proposed to lower the sewer line on IS2nd Lane by eight feet to service Winslow Hills 4th Addition rather than use the deeper trunk line at ISOth Lane because that line would have to go through an area that is currently being farmed. He reviewed several scenarios of providing sanitary sewer to the site. The concern with lowering the line at IS2nd Lane is it may not be deep enough to ultimately serve the potential sewer areas to the north. He noted an option of extending the deep trunk line at IS0th Lane, thinking the farm land could stìll be used for farming once the line is ---~-_...~._.. ...- Regular Andover City Council Meeting Minutes - January 6, 1998 Page 6 (Update oj Winslow Hills -Ith Addition, Continued) installed. Other options would be to look at the possibility of installing a temporary or permanent lift station. Mr. Erickson noted the options for the storm sewer would be to require additional easement to an existing storm sewer outside of the plat. The amount of ponding to be provided on the property would have to be evaluated. At this point Mr. Holasek's engineer needs to determine the discharge from the site to determine how it will be accommodated. Staff is trying to provide as much information as possible to allow Mr. Holasek to get back to his engineers to look at these issues and come up with the best development for him and still meet the City's requirements. Winslow Holasek - stated he met with Mr. Erickson and Mr. Haas three weeks ago and again this afternoon. He has had the evaluations done for the storm sewer in the entire area of the 4th Addition. The restriction occurs down in Lake Andover. Everything in the other ponds is sized to meet that restriction. There is capacity in the Oak Bluff pond. Even with the outlet, he would have to pond about 90 percent of the water on site, which he felt is more than other developments and is unfair. He explained how the original plans for Winslow Hills called for runlÚng the sewer line up I SI st and across Yellowpine. The line at IS2nd was to be the deep sewer and to service the area to the east. There was also to be a crossing of the sewer line to service the 4th Addition, which would have been a shorter route but which was eliminated in the final design. The problem y.,;th extending the line at I SOth Lane is that it would be run through a lot of ground that is not being developed. It is costly and there is no one to assess This afternoon he proposed a lift station, as one is being installed in Shadowbrook and one is also being requested by Mr. Windschitl for the development on Fahrnams. To him the best route would be to lower the sewer at IS2nd. He wasn't aware line would go beyond the railroad tracks to Prairie Road and to IS7th. He questioned that proposal because there is a lot of marginal land, and it would be crossing areas that have large lots. Mr. Holasek also expressed some ITustration that decisions are being made on the depth and location of the sewer line to service his property and ultimately to the outlying areas when no feasibility study has been done to determine what depth is needed to serve specific areas. It is just guessing. He also went into some detail as to what was originally proposed with the sewer line during the sketch plans of Winslow Hills and the changes made which he felt has created various problems in serving not only the 4th Addition but other areas as well. He blamed the consulting engineering firm at the time for making those change and again argued for lowing the sewer line at IS2nd as the best option to provide sanitary sewer for the 4th Addition. He didn't think much has been resolved yet. The Council and Mr. Holasek discussed several issues relating to providing utilities to the 4th Addition, but no decisions were made. Mr. Holasek asked if the deep trunk at ISOth Lane is to be extended, would the City pay for the trunk fees out of the trunk fund. He alleged that is what was done for Mr. Windschitl when going across Crosstown Boulevard. Mayor McKelvey recalled Mr. Windschitl offered to pay for that extension. Mr. Holasek stated he would produce the documents that say otherwise. He again stated if the City wants to extend the line at IS0th, he would like to see the City pay for the trunk fee or install a lift station. ---~---_...-._.. .. .~. - Regular Andover City Council Meeting Minutes - January 6, 1998 Page 7 (Update of Winslow Hills -Ith Addition, Continued) Mr. Erickson stated they can look at the topography maps to determine how far the salÚtary sewer pipe can go and the effect of the difference in elevation between lowering the line at IS2nd versus extending the deep line at IS0th. After further discussion, the Council suggested that Mr. Holasek and Staff discuss the issues further in an attempt to reach a resolution. PRESENTATION ON BEHALF OF THE ANDOVER LIONS Mayor McKelvey presented checks to the City of Andover ITom the Andover Lions Club. One check is for a piece of equipment the Fire Department wants to buy to take to the schools for training. The other is for the Youth First program. That group had requested a $2, SOO donation from the City of Andover; however, because the City had not included that in the 1998 budget, he asked the Lions to make that donation. J>/SCUSS ANOKA COUNTY FIVE- YEAR HIGHWAY IMPROVEMENT PLAN Mr. Erickson reported the only project in Andover that the county is identifYing in their current five- year plan is the upgrading of Round Lake Boulevard from just north of Bunker Lake Boulevard to approximately 149th Avenue. Because Andover has not received a lot of county road improvements in the past, he felt it is important to continue to submit the City's list of priorities to the County Highway Department and the County Board for their review and inclusion in their program. About a year ago the Council did meet with representatives ITom the county regarding county road improvements He noted the priority of upgrades for Andover may be Bunker Lake Boulevard from Round Lake Boulevard to Hanson Boulevard, Hanson Boulevard ITom Bunker Lake Boulevard south to the Coon Rapids city limit and ultimately south to Hwy 242, and Andover Boulevard from Hanson Boulevard to Prairie Road because of all the housing development in that area in recent years. Mayor McKelvey stated the county has assured him they have the funding for the upgrading of the intersection of Hanson and Bunker Lake Boulevards for 1999. Construction wìll begin in July, 1998; and he has asked them to seriously consider the upgrade of Hanson Boulevard south to Hwy 242 at the same time. Councilmember Orttel stated the county has been making it clear that they expect some contribution with assessments or State Aid or TIF funds. The City is getting shorted because there are no other major roads through it. No Council action was taken. SCHEDULE PLANNING WORKSHOP Motion by Orttel, Seconded by Knight, to schedule planning workshops on March 31 and June 30, 1998. Motion carried on a 4-Yes, I-Absent (Dehn) vote. Regular Andover City Council Meeting lvlinutes - January 6, 1998 Page 8 AMEND ORDINANCE NO. llO/REGULATING THERAPEUTIC MASSAGE Mr. Carlberg reviewed the amendments proposed by the Planning and Zoning Commission to Ordinance No. 110, An Ordinance Regulating Therapeutic Massage in the City of Andover. The amendments allow the massage of the scalp, face, neck and shoulders associated with a scalp massage, the massage of the hands to elbows associated with a manicure, and a massage of the feet to knees associated with a pedicure. In addition, the amendment allows some flexibility in the proof of educational requirements. Rather than requiring verification of passing the National Certification Examination in Therapeutic Massage and Bodywork, an applicant must now furnish proof of graduating ITom a school of therapeutic massage with a core curriculum of at least SOO hours of in- class, teacher supervised instruction of which no more than 200 hours shall be clilÚcal training. Motion by Orttel, Seconded by Knight, the amendment to Ordinance I lOA as presented. Motion carried on a 4- Yes, I-Absent (Dehn) vote. Joy Pirkl - felt the amendment is very good. She stated she found the Planning Commission, Council and Staff vcry easy to work with and thanked them for their cooperation. ]\,OlSE ORDINANCE NO. 230/POV'S SPORTS BAR Mr. Carlberg reported on the recommendation of the Planning and Zoning Commission regarding the Noise Ordinance and Pov's Sports Bar. The Commission is recommending that further study be done this spring on the noise issue ITom Pov's and other commercial establishments by measuring the noise decibels and that the ordinance be changed at that time to be more subjective. Half of the cities they researched used the Minnesota Statute requirements relating to noise decibels. Greg? . 1319 IS3rd Avenue - is not connected with Pov's or the residents in that area, but he does have experience with the Pollution Control Agency with noise. He presented the Minnesota Statute to the Statf which specifies the decibel standards followed by the PCA. The Council thanked him and agreed with the recommendation for Staff to do further study on the noise issue. SET DATE FOR REVIEW OF ADMINISTRATOR Motion by Orttel, Seconded by Knight, that the Council set the 17th of February as the date for review of the Administrator. Motion carried on a 4-Yes, I-Absent (Dehn) vote. ENCROACHMENT IN EASEMENTS/LEADENS JeffLeadens 2776 I 64th Avenue - reviewed the charges against him pertaining to the retaining wall in the easement being called an encroachment. He doesn't have a problem taking the wall down, but - . ~"- . .. Regular Andover City Council Meeting Minutes - January 6, 1998 Page 9 (Encroachment in Easements/Leadens, Continued) there are many other such brick retaining walls in the City. If he is required to take his down, which has been in place for about seven years, then he is going to file complaints on all of the other approximately 200 retailÚng walls in the City. If his wall must be removed, everyone else in the City should be treated the same. He said there has never been a complaint with his retaining wall before this. A court date is scheduled for next Wednesday. Mr. Carlberg noted there has been a lot of controversy regarding boulevard encroachments. The requirement is that the first eight feet of the boulevard is the control area and should not have any encroachments. A complaint was filed that water was backing up as a result of Mr. Leaden's retailÚng wall. That is the only reason the City investigated the violation, and it was found that the wall did block the water flow drainage to the west. Councilmember Orttel asked about the possibility of a culvert under the driveway. Mr Leadens - stated there has never been a culvert under the driveway. The wall is about 30 feet from thc driveway, and water flows over it. The ditch flows into the wetland. He has new topography maps that clearly shows that the drainage flows to the wetland. There is a 3 Y>-foot drop from the City street to County Ditch No.6. From his driveway to the west is all high ground. Councilmember Knight was concerned that the issue has gotten to the point of going to court. Attorney Hawkins stated usually the Zoning Administrator sends out at least two letters asking to resolve the issue. Ifthere is no satisfaction, the matter is sent to him; and he sends out at least one more lettcr before issuing a citation. Mr. Leadens - stated he never received any of these letters. The Zoning Administrator was out to his farm and brought up the retaining wall, noting the neighbor's complaint; but since then he has never received anything. The neighbor has also filled in the ditch with about IS loads of black dirt which has blocked the flow of water and part of the wetland. He's been in contact with the Anoka County Soils and Conservation Board about filling in the wetland, and there is a clear determination that seven to eight feet of the wetland was filled.. He even got a very large pump with a four-inch hose to pump water down his driveway to see which way it drains. The water went left, over the wall, into the ditch and back into the pond. Since then Mr. Haas, the Assistant City Engineer, came out to his place. After looking at the wall and the surrounding area, he did not have a problem with it. Mr. Leadens stated he wants to get measurements of the ditch but would have to go on the neighbor's property, so he is going to hire someone to do that. Mr. Erickson stated the City has had a survey crew out there. The water should drain to the west toward the retaining wall, but he didn't know when the ditch was filled. Councilmember Orttel noted the retailÚng walls are common and fairly attractive. He didn't have a problem with them. He asked what would change if the retaining wall is removed. Mr. Erickson stated nothing unless a culvert is installed. Mr Leadens - stated the culvert would have to be SOO feet long to get to the county ditch. It is impossiblc for water to go up hill, and it is about 14 inches from the ditch to the top of his driveway. -_. -... -- .-~ - . - . ~ . Regular Andover City Council Meeting Minutes - January 6, 1998 Page 10 (Encroachment in Easements/Leadens, Continued) The wall is only about 12 inches high at its highest point. The wall was designed to have water flow between the blocks with gravel immediately behind it. He is not the original builder of the home, but they did rebuild the lawn on that side in which they found 4 'h dump trucks of construction garbage buried there. He has been living there for eight years and has yet to see any standing water or any kind of water problem. The Council asked that the Zoning AdmilÚstrator and City Engineers meet with Mr. Leadens to resolve the situation. They hoped the issue could be resolved outside of court. Attorney Hawkins suggested Mr. Leadens enter a plea of not guilt at next week's hearing. It will be several months before a trial date is set, which will allow time to resolve the issue. SCHEDULE INTERVIEWS/PARK AND RECREATION COMMISSION Illation by Orttel, Seconded by Knight, to schedule Park and Recreation Commission interviews on the 3rd of February. DISCUSSION: Council asked Staff to set the time for those interviews prior to the regular meeting, the specific time to depend on the number of applicants. Motion carried on a 4- Yes, I-Absent (Dehn) vote. APPOINT CHAIRMAN/PARK AND RECREATION COMMISSION Dave O'Toole, Park and Recreation Commission Chairman, didn't know if Jeff Kieffer, the recommended new Chairman, was contacted; but he felt Commissioner Kieffer would accept and would do a good job. He suggested, however, that the Council may want to table the appointment until after the interviews for the vacancy. If the person reapplying for the position is selected, he felt it would be time for that person to serve as Chair. Motion by Orttel, Seconded by Kunza, to table the issue of the appointment of the Chair and Vice- Chair of the Park and Recreation Commission to February 3. Motion carried on a 4- Yes, I-Absent (Dehn) vote. DISCUSS ADULT SOFTBALL TOURNAMENT APPLICATION FORM Dave O'Toole, Park and Recreation Commission Chairman, stated they are asking for comments on the proposed changes for the adult softball tournament application form. Last year the Commission spent a great deal of time revising the application and still recommends that a Deputy be on the premises during the tournament. Since that meeting, he personally has thought of several other options in lieu of a Sheriff's Deputy. One option would be to require the $300 per field fee and have a maintenance staff there. That staff person would be responsible for maintenance, would be responsible for calling games in inclement weather and would call the Sheriff's Department if there .-- --..-.--. . .--~. Regular Andover City Council Meeting Minutes - January 6, 1998 Page 11 (Discuss Adult Softball Tournament Application Form, Continued) are any violations. Staff feels they can provide maintenance with two people for $300. A compromise may be to require a $225 fee per field and have a Staff person on hand but no field maintenance. He was thinking regular staff would be used, but he is open to hiring others similar to what is done for the warming houses in the winter. Chairman O'Toole stated another option may be to have the City run the tournament, where the fees would be paid to the City and the City in turn woul¡l pay the fees associated with the tournament. Mayor McKelvey stated that would take away the responsibility for damages from the applicants. He did not have a problem with the fees per field, but the cost of a Sheriff's Deputy on duty during the entire tournament is very expensive. It chases away adult tournaments from the City because it is cheaper for them to go to other cities. Chairman O'Toole understood, but the issue is protecting the City's interest in the fields. It is not that they are trying to discourage adult tournaments, though the park was primarily built for Andover residents and the youth. They want to protect what is there and try to rotate the fields. Councilmember Orttel asked that since all the fields are in one area, would it be necessary to charge the same fee for all fields. Chairman O'Toole thought it may be possible to have a different fee schedule for multiple fields. The Council generally preferred the option of requiring a staff person to be at adult tournaments to be respons:b!e for the fields and to call the Sheriff's Deputies in emergencies. They suggested the Staff work up the numbers to show the actual cost for maintenance at a tournament. It may not be a per- field fee. The fee should recapture the City's costs. Mayor McKelvey was concerned with the deadline for the application. As he reads it, all tournament applications must be submitted by March 3. That would eliminate any adult teams from having a toumament if one happens to be finalized later in the year. He did not have a problem requiring the application to be submitted eight weeks prior to a tournament. Chairman O'Toole explained the adult league toumament schedules are known before March 3; however, the intent is not to eliminate any application after March 3. That can be reworded on the application. Park and Recreation Commissioner Dave Blackstad stated they have never turned anyone down. The Commission does have a problem with applications being made less than eight weeks before the toumament. Last year the City could have kept the concession stand open if it had known about one ofPov's tournaments earlier. That hurt the City. Also, they don't want to book a tournament every weekend, as they need the fields to recuperate from the week's use. Mayor McKelvey also asked the Commission to reconsider the requirement of submitting the $500 damage deposit with the application If an application is made in March but the tournament is not held until October, it is a long time for the City to be holding that money; and often times the applicant has not yet collected money for the event. He suggested the damage deposit be required eight weeks prior to the event. Chairperson O'Toole thought that time for the deposit could be shortened. He stated the Commission wìll review the application form again and make a recommendation to the Council. -. -~ ..-,-_. Regular Andover City Council Meeting , Afi,:¡.'ti'.,'''- .. JUNia!}' 6. 1998 Page j 2 APPROVAL OF CLAIMS Jl.fotion by Kunza, Seconded by KIDght, the payment of claims. Motion carried on a 4- Yes, I-Absent (Dehn) vote. Motion by Kunza, Seconded by Knight, to adjourn. Motion carried on a 4-Yes, I-Absent (Dehn) vote. The meeting was adjourned at 9:55 p.m. Respectfully submitted, , \\\~c2~l "- Marcella A P<:ach Recordir!g S~cret¡:ry - , -_. -- -~ ~___ -.-0- _u_ _ --._-