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HomeMy WebLinkAboutCC June 16, 1998 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100. Regular City Council Meeting - June 16, 1998 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Approval of Minutes minutes EDA Meeting Discussion Items 1. Pov's Sports Bar Noise Test Results noise 2. Approve Driveway License AgreemenU97-43/1171 & 1155-140th Lane appr9743 3. Discuss Curbs in Rural Areas curbs 4. Discuss Ordinance 10, Section 9.07.6/Park Dedication ord10 5. Use of Park IncidentfTom Basara/Resident/Andover Baseball basara 6. ICMA Conference icma 7. City of Ramsey Public Hearing Results/Slow-No-Wa~e Ordinance ramsey HRA MeetinQ 8. Public Hearing/Reallocation of 1995 Social Service Funds phearing Consent/Non-Discussion Items 9. Approve Feasibility Report/98-13/Fox Meadows appr9813 10. Approve Bids/Painting of Old Public Works Building apprpw 11. Approve Temporary Non-Intox. Liquor License/Lions Club/Fun Fest liquor 12. Approve Bingo PermiUAndover Baseball/Fun Fest bingo 13. Approve Extension of Liquor License/Pov's Sports Bar liqpovs 14. Approve Sale of Pulltabs/Lions Club/Fun Fest pulltabs 15. Approve Junkyard License/Anoka Auto Wrecking junkyard 16. Approve Amendment to Ordinance 101 ord101 17. Approve Ordinance 228A1Swimming Pools ord228a 18. Approve Garbage Hauler Licenses garbage 19. Approve Recycling Agreement w/Anoka County recycle 20. Approve Assignment and Pledge of Securities at Norwest Banks norwest 21. Approve Change Order #1 to Project 97-44 (Shadowbrook 3rd Addn.)/ co1971 Trunk Watermain for Project 97-1 (Andover Blvd./Weybridge 3rd Addn.) Mayor/Council Input Payment of Claims Adiournment ...--..-.--. --. ~- REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 16,1998 TABLE OF CONTENTS RESIDENT FORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 APPROVAL OF MINUTES ................................................... 4 CONSENT AGENDA Resolution RI 11-98 approving feasibility reportJIP98-13/Fox Meadows. . . . . . . . . ., 4 Approve bids/Painting of Old Public Works Building ......................... 4 Approve Temporary Non-Intoxicating Liquor LicenseILions Club/Fun Fest. . . . . . .. 4 Approve Bingo Permit! Andover BasebalVFun Fest ........................... 4 Approve Extension of Liquor License/Pov's Sports Bar. . . . . . .. . . . . . . . . . . . . . . .. 4 Resolution R112-98 approving sale ofPulltabslLions Club/Fun Fest. . . . . . . . . . . . .. 4 Approve Junkyard License/Anoka Auto Wrecking. . . . " . . . .. . . . . . . . . . . . " . . .. 4 Approve Amendment to Ordinance 101 .................................... 4 Approve Ordinance 228A./Swimming Pools ................................ 4 Approve Garbage Hauler Licenses ........................................ 4 Approve Cycling Agreement with Anoka County . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Approve Assignment and Pledge of Securities at Norwest Banks ................ 4 Resolution RI13-98 approving Change Order #1 to Project 97-44 & IP97-1 ........ 4 POV'S SPORTS BAR NOISE TEST RESULTS. . . . .. .. .. . . . .. . . .. . . . . . . . . . . . . . . .. 5 DRIVEWAY LICENSE AGREEMENT/IP97-43/1171 AND 1155 140TH LANE. . . . . . . .. 6 Motion to approve ..................................................... 7 USE OF PARK INCIDENTrrOM BASARAlRESIDENT/ANDOVER BASEBALL. . . . . .. 7 DISCUSS CURBS IN RURAL AREA ........................................... 9 DISCUSS ORDINANCE 10, SECTION 9.07.6/PARK DEDICATION Motion to list 3 to 5 appraisers .........................................., 9 ICMA CONFERENCE Motion to approve Mr. Fursman's attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 CITY OF RAMSEY PUBLIC HEARING RESULTS/SLOW -NO-WAKE ORDINANCE. .. 10 MAYOR/COUNCIL INPUT Cars "For Sale" along the roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11 Referendum in Woodbury - open spaces. . .. . . . . .. . . . .. . . .. . . . . . . . .. .. . . . '" 11 Sidewalks along Crooked Lake Boulevard .................................. 11 Meet with the P & Z and Comprehensive Plan Task Force (July 28) .............. 11 APPROVAL OF CLAIMS .................................................... 12 ADJOURNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 12 --.- ..~.-- . - ~ " Jt' -..J' .~<.(I. Lt_..; C..C\!-'1 (,tJ.PCJ _. ~ -..J _.' . ,.<\.1.... ... ...,..- ~, ¡-1- cfi CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JUNE 16,1998 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, June 16, 1998,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Bonnie Dehn, Mike Knight, John Kunza, Ken Orttel Councilmembers absent: None Also present: City Attorney, Wìl1iam G. Hawkins Assistant City Engineer, Todd Haas City Code Enforcer, Jeff Johnson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others The meeting was recessed to hold an EDA meeting, 7:03; reconvened at 7:51 RESIDENT FORUM John Zìl1hardt. 3753 l45th Avenue - had a complaint about the speed bumps in place from l43rd Avenue to l47th. He felt the use of speed bumps is over kilL While there is a speeding problem through there, speeding is not just a problem in Andover. He has a legitimate use to drive from his land, which is in an adjoilÚng neighborhood, through that area to get to the Anoka Senior High SchooL One of the arguments against the speed bumps is that they infringe on those law abiding citizens who have a legitimate use of those streets. They pay taxes for street maintenance and law enforcement, and barricading the area unfairly punishes them. He also has a concern with his son and other children who ride their bikes down the streets and now have to maneuver over those speed bumps. It can be a dangerous situation. Another issue could be emergency vehicles having to negotiate the speed bumps when seconds are important. He has difficultly driving over them with his vehicle, and he assumed it would be even more difficult to do so with the large emergency vehicles. He also questioned the effectiveness of the speed bumps, as he has noted that people have learned that the faster the vehicle is going, the easier it is to get over them. The speed limits are too high, as he grew up in areas where it was 25 mph. He is not one of the offenders and has a legitimate right to use the road. Another permanent stop sign placed in the middle of the block would help some of the speeding problems. Or maybe it is time to look at adding additional police officers to ticket the offenders. He hoped the Council decides to take them out as soon as possible. Mayor McKelvey explained those speed bumps are temporary and will be removed in about two weeks. He reviewed the law enforcement efforts made to address the speeding problem through .---.. ".. - ..-.---. .--..- .- .. . Regular Andover City Council Meeting Minutes - June 16, 1998 Page 2 (Resident Forum, Continued) that neighborhood. This was an attempt to encourage those who cut through the neighborhood to use other routes. Stop signs cannot legally be used to control speeding problems. Councilmember Dehn admolÚshed those drivers in general who speed, putting themselves and others at risk. Going the speed limit and using good judgement means no one wìl1 get hurt, and this applies to everyone in all neighborhoods. Mr. Haas stated the City Engineer will hold another neighborhood meeting after the speed bumps are removed. He will be sure that Mr. Zìl1hardt is notified as welL Don Legge. ] 44 ] 7 Vinta¡¡e Street - stated aU of the citations issued for this area were given in RoseUa's Addition. He stated there is a total disregard for the speeding laws with people speeding through their area, as well as running the stop signs, and passing on the right. However, going over the speed bumps is a nuisance. He suggested that the speed limit be lowered instead. Mayor McKelvey noted by law the City is unable to lower the speed limit; and given the guidelines used by the State to establish speed limits, he wasn't sure he wanted more speed studies done. Mr. Legge - complained of the violations of the City's code by a neighbor living across the street. He's registered numerous complaints for the last two years, and he enumerated the dates and type types of complaints. He expressed frustration that even though repeated warnings have been given to those residents, the problem is not getting resolved; and he cited some of the things done by the residents to get around the code. Currently there are IÚne vehicles on that property and a dog which attacked one of the neighbors. It is a case of the neighbors not caring or having respect for the others in the area. There is no teeth in the ordinance to force this person to comply with the codes and nothing is getting done. The value of his property has dropped about $25,000 because of this. He felt Mr. Johnson is doing a good job but that there is a problem with the City's code. Mr. Johnson stated this is a repeat violator. The property is now in worse condition than it has even been in terms of violating the City ordinances. The Zoning Ordinance Review Task Force has not yet reviewed the portion of the ordinance relating to junk vehicles. Attorney Hawkins stated normally when they get a conviction, the judge wìl1 impose a jail sentence and stay it based on no further violations. If there are future violations, there is grounds for incarceration. ? . 14406 Vintage - has lived there for 23 years and this problem has gotten worse in the last three to four years. There is also a problem with noise. Those people just do not care. He doesn't want to live next door to someone with six or eight trailers in the back yard. It is usually worse on Sunday morning. He's counted as many as nine vehicles on the property at one time. Attorney Hawkins stated the policy can be changed to contact the owners to comply with the ordinance within so many days; and if there are further violations, a complaint will be filed in court against them. He felt the City does have the tools available to deal with repeat offenders. After some discussion, the Council encouraged Staff and the City Attorney to take the necessary steps to resolve this issue. Carroll Abbott. 39] 7 142nd Lane - thought Councilmember Dehn's remarks on speeding amounted to a tongue lashing. He related a similar problem with speeding in his neighborhood several years ago by snowmobilers, and he drove his station wagon across the street. The problem never happened -----.. --. -- ,-~, . .-. .. Regular Andover City Council Meeting Minutes - June 16, 1998 Page 3 (Resident Forum, Continued) again. Councilmember Oehn apologized if anyone was offended. No one should be speeding. Mr. Abbott - stated he was the Crime Watch captain of his block when that program was in effect. He would cOnITont adults and youth he knew and saw speeding down the street, and that seemed to eliminate some of the problems. If the Crime Watch program could work again, there may not be these problems in the City. Mr. Abbott then asked about the plans for the dump station and whether or not residents will be allowed to use it. Grand Rapids asks users to deposit a $1 or $2 donation on the honor system, which might be a consideration here in Andover. Mr. Fursman stated an appraisal is being done on the property the City is considering to purchase for the dump station. No decisions have been made on the ability of residents to use it or the security that would be needed to do so. That will ultimately be a Council decision. Mr. Abbott - stated if there is going to be residents on the committee to make a recommendation, he would like to be on that committee. He then asked who is responsible for the property line markers. The people on both sides of him want to install fences, and they have been out with metal detectors but have been unable to find the property markers. He wondered if they were dug out when the street was installed. Mr. Haas stated he will check on that matter. Mr. Abbott - stated on Heather between Ivywood and 142nd, people park on both sides of the street during ball games, creating only one lane for traffic. He feared that some child will dart out between the cars and get hit. He'd like to see no parking signs on the east side of Heather. Mr. Haas stated Staff will look at that and bring it to the Park and Recreation Commission for a recommendation to the CounciL ? . 14 771 Crane Street - expressed disappointment in the way the City deals with law enforcement, particularly in driving violations. He sited numerous instances of speeding, people passing on the right, and general disregard for the traffic laws. He felt it is worse in Andover than elsewhere. He is just waiting for someone to get killed before something is done. There is only passive enforcement of the law, citing numerous instances of violations taking place in front of officers who do nothing about them. The road signs don't work. He's never seen a patrol car in his neighborhood. He thought it is time for the City to get its own police department as there is not enough of a presence of the police at this time. . Councilmember Orttel noted he has experienced similar problems in other cities as welL The upgrading of the intersection at Hanson and Bunker Lake Boulevards will help. So will the reconstruction of Bunker Lake Boulevard to four lanes next year. The City's roads are over loaded, as there has been little upgrading of county roads in recent years, since the population is rapidly increasing. It seems that people don't care any more, and more police is not necessarily the answer. The Anoka County Sheriff's Department is the City's police department. If more enforcement is needed, the Council may have to look at the need for more officers. Andover also has the advantage of having the Sheriffs station in the City, so there is also the presence of squad cars coming and ~ .,' ". -- ~.- Regular Andover City Council Meeting Minutes - June 16, 1998 Page 4 (Resident Forum, Continued) going from other locations in the county. Mayor McKelvey also noted that often the deputies are on calls that are a higher priority than traffic stops, which can take up to an hour and a half to process. The City of Minneapolis increased its law enforcement from 300 to 800 officers, but it didn't make a difference. He related an incident of driving at 65 miles an hour and found that a great number of vehicles passed him, agreeing there is little regard for the law anywhere. Councilmember Dehn again noted that road rage is very prevalent in this state. The Council noted they will be reviewing the Sheriff's Department contract for the next year. AGENDA APPROVAL Motion by Dehn, Seconded by Kunza, the Agenda as written. Motion carried unanimously. APPROVAL OF MINUTES June 2, 1998, Regular Meeting: Correct as written. June 2, 1998, Special Closed Meeting: Correct as written. Motion by Knight, Seconded by Dehn, to approve the Minutes. Motion carried unanimously. CONSENT AGENDA Item 9 Approve Feasibility ReportlIP98-13/Fox Meadows (Resolution RIII-98) Item I 0 Approve BidslPainting of Old Public Works Building Item 11 Approve Temporary Non-Intoxicating Liquor LicenseILions Club/Fun Fest Item 12 Approve Bingo Permit/Andover BasebaIl/Fun Fest Item 13 Approve Extension of Liquor LicenselPov's Sports Bar Item 14 Approve Sale ofPulltabslLions Club/Fun Fest (Resolution RI12-98) Item 15 Approve Junkyard License/ Anoka Auto Wrecking Item 16 Approve Amendment to Ordinance 101 Item I 7 Approve Ordinance 228NSwimming Pools Item 18 Approve Garbage Hauler Licenses (Johnson Sanitation, Larry's Quality Sanitation, Pretzel Sanitation, Corrow Trucking & Sanitation, BFI Waste Services, Waste Management) Item 19 Approve Recycling Agreement with Anoka County Item 20 Approve Assignment and Pledge of Securities at Norwest Banks Item 21 Approve Change Order #1 to Project 97-44 (Shadowbrook 3rd Addition)!frunk Watermain for Project 97-1 (Andover Boulevard/Weybridge 3rd Addition) (Resolution RI13-98) Motion by Dehn, Seconded by Kunza, to approve the Consent Agenda. Motion carried unanimously. ,--.-- ._- ,. Regular Andover City Council Meeting Minutes - June 16, 1998 Page 5 PO V'S SPORTS BAR NOISE TEST RESULTS Mr. Johnson reviewed the noise test results of Po v's Sports Bar, 1851 Bunker Lake Boulevard NW using a sound level (decibel reading) meter ITom the State of Minnesota Pollution Control Agency. Six noise tests were taken at two locations west of the sports bar and adjacent to the residences on Nightingale Street and Partridge Street. He was on Pov's property doing the tests. Those tests were conducted ITom 9 to 11 p.m. on evelÚngs that softball games were played. The results indicate that the decibel level readings were within the MPCA Noise Standards; however, noise was audible at the property line of adjacent residences after 10 p.m., which is prohibited by the City's Noise Ordinance, Ordinance 231. He also reviewed how the tests were taken and the measurement standards of the MPCA. A majority of the metropolitan cities have adopted the MPCA noise standards, as they have been proven to be an effective mechanism for noise levels. Councilmember Orttel questioned the location site of the noise tests, especially the one due west. The City's ordinance refers to noise at the property line, which he interprets would be the property line of Po v's Sports Bar; but it appears the westerly location of the noise tests was done on the City's property adjacent to the residents. The City's ordinance is such that talking from one parcel which can be heard over the property line would be ìllegal. Because the Planrúng and Zoning Commission made the request for the noise tests, he suggested the matter be referred to them for review. Attorney Hawkins advised that if the MPCA standards are to be adopted, the ordinance would be amended to reference those standards and eliminate Section 2, which is too subjective. AI Grabowski - stated the MPCA standards would have some type of code enforcement. He suggested Staff check with the Cities of Minneapolis and St. Paul, which have codes similar to the MPCA codes. James? . 13885 Osage - stated the first tests were along side the highway within a couple hundred feet of Bunker Lake Boulevard. The second one was more than 200 feet from the property line of the bar on the other side of the woods. Some of those people who signed the petition along Nightingale are on the other side of the woods do hear the noise. Those tests should have taken place at the property line of the bar. Councilmember Orttel understood the bar owns that entire parcel; and under the ordinance, the noise should not go beyond the parcel's boundary. One test was taken at the property line, but apparently the one to the west was not. Mr.? - understood the sports bar is now supposed to comply with the code in place of no noise after 10 o'clock. The other night he laid in bed for 20 minutes, and the noise was so bad he called the sheriff at 10:20. The Deputy got to Pov's at 10:30, but said there was nothing going on. He stated it was about 10:35 when the noise finally quit. Three of his neighbors who are 1 Y, blocks from his house also heard the noise. This has been going on all summer already. There is no respect for the people, and the residents around this facility are going through a lot with the Council and Attorney not going to court over the issue. Councilmember Orttel stated the decision was made that the City will determine the noise levels to resolve the problem. In the mean time, he understood there would be no prosecution. For any amendment to the ordinance, the Planning Commission will hold a .. .- -.. ~ - -..- ,-.-.-- .. .-. ,. Regular Andover City Council Meeting Minutes - June 16, 1998 Page 6 (Pov's Sports Bar noise Test Results, Continued) public hearing, at which time the residents are invited to give testimony. Mayor McKelvey stated he stopped by Pov's that evening at 10:30 and no one was on the ball fields and the lights were of off. A brief discussion on the issue continued, after which the Council agreed to forward the tests results to the Planning and Zoning Commission for their review. APPROVE DRIVEWAY LICENSEAGREEMENTIIP97-43/1171 AND 1155140TH LANE Mr. Haas summarized the Driveway License Agreement to allow two residents to use motorized vehicles on a portion of the City's trail to access their rear yards. The Park and Recreation Commission has reviewed it and is recommending approval with a review of the amount of liability coverage. After discussing it with Councilmember Orttel, the minimum liability coverage has been increased to $100,000 per person, $300,000 per occurrence and $50,000 in property damages. Tony Brozek. 1155 140th Lane - recommended a few changes to the agreement, as he felt as written it favors the City. Paragraph 4, third line, .....or in any other way interferes with the use of the Drivewayaccess..." He felt that language is very vague, and he'd like to see more specific items be outlined or delete that phrase altogether. Paragraph 6: He didn't have a problem with it but asked that he be given the opportunity to repair any damage at his cost first, as he felt he would be able to do so at a cheaper cost than having the City do it and assess it back. Paragraph 8: Mr. Brozek stJited the paragraph is written that if something happens with his vehicle, it is his liability. He felt similar language should be added about the City's liability if something happens with a City vehicle. Paragraph 9: He wondered why the agreement would not be recorded with the County Recorder. If it is recorded, he wouldn't have to go through this process again if there is a change in policy or in the City Council. He felt he is protected if the agreement is recorded. Mayor McKelvey explained by recording the agreement, he would have a permanent easement over the City's property, which is not what is being done. This way, should his home bum down, the City would have the right to remove the agreement because it wouldn't be needed. The City cannot give him interest in public property. Mr. Brozek - asked what kind of proof would be needed to abide by this agreement. Councilmember Orttel noted it is a legal document and the rules of evidence would apply. The wording in Paragraph 4 simply refers to other ways in which the trail could be blocked. It would not be possible to list in this document all the potential ways of interfering with the driveway access. The access is only for the two residences to be able to get to the garages in the back. Mr. Brozek - asked that a provision be added that if the City decides to terminate the license, that he would get reimbursed for the money he's invested in that area to improve it. He's put in over 100 yards of dirt and over $2,000 worth of rock. He also presented a proposal for revising the license - --. ---- .--- .--.- -------..~ ---- ---..--..- - --..- .-- .-- .. . - ~ .. Regular Andover City Council Meeting Minutes - June 16, 1998 Page 7 (Driveway license Agreement/IP97-43/1171 & 1155 140th Lane, Continued) agreement with those changes, asking that the Council review it. Councilmember Orttel noted the only way the license can be terminated is if the property owner breaks the agreement; and, again, the rules of evidence would apply. Mayor McKelvey noted if that provision were in the agreement, it would mean IS or more years down the road, he would be able to collect without any depreciation. In further discussion, the Council did not feel there was a problem with the license agreement as written by the City Attorney. Mr. Brozek - stated it is difficult to drive vehicles on a IO-foot wide path, and he asked the Council to consider constructing the trail wider toward the street. It is 16 feet wide there now. Councilmember Orttel stated the agreement is to allow inITequent access to the back of the property. The City drives on the 10-foot trail to access the back. Mr. Haas stated at this point the 10-foot width is acceptable to the Public Works Department. The Council agreed to leave it up to the Public Works Department. Mr. Brozek - asked when will they start the trail, as he doesn't want all of the crushed rock pulled out and used elsewhere. Mr. Haas stated he will be notified when the project will begin. Attorney Hawkins did not recommend paying the property owners for the breach of the agreement. The draft agreement is short and consise and is of extreme benefit to the property owners, allowing them to use City property as access to the back of their properties. Without it, he felt there would be a title problem when they sell their homes in the future. In the event of any legal action against either property owner, the reasonable standard would apply in court. Mr. Brozek - asked that the effective date of this agreement be July I or after the trail is completed. He will be moving his business out of the garage as soon as his new building for his business is completed. Attorney Hawkins stated the effective date of the agreement has nothing to do with the construction. The only thing being required is the proof of insurance. While the Council discussed several options on a starting date, no change was made to the agreement. Motion by Orttel, Seconded by Knight, that the Council authorize the License Agreement known as License Agreement for Project 97-43 as prepared by the City Attorney. Motion carried on a 4- Yes, I-No (Dehn as she felt the entire thing is a big mistake) vote. USE OF PARK INCIDENTíI'OM BASARAlRESIDENT/ANDOVER BASEBALL Tom Basara. 1286 ISOth Lane - reviewed an incident of his family playing on a ball field when AI Grabowski hollared at them to get off the field. Apparently the field was to be used for an Andover Athletic Association tournament the next day, but there were no signs that said so. The incident was very upsetting to his wife and children. His point for bringing this forward was he thought a Park and Recreation Commissioner was totally out of line in the way he handled the situation. He understands a City Board member has no authority to throw people off the fields, so possibly there is a conflict of interest there. That is for the City to decide. - . - .. -. ..-- ---.. -. - - Regular Andover City Council Meeting Minutes - June 16, 1998 Page 8 (Use of Park Incident/Tom Basara/Andover Baseball, Continued) Park and Recreation Commission ChaiJ:person Al Grabowski - stated the AAA had reserved those fields for Friday evening back in January because at the time he didn't know whether or not they would be playing games Friday evening. He eXplained that the level of maintenance has changed this year, and now Public Works is grooming the fields the day before a tournament plus once on Saturday and once on Sunday. Public Works had always posted the signs in the past to keep people off the groomed fields. He happened to see lights on the fields at about 9:30 the evening in question and drove out as a representative of the AAA to see what was happening. He saw people in the field; and from his truck over 70 feet away, said "Would you please get off the fields. I have games scheduled for tomorrow." He carried out his responsibilities correctly by getting the reservations and gave a copy to the Andover Baseball Association. He called the head of the Andover Baseball Association about the incident, and there is no problem between the two organizations. The baseball association volunteered their time to repair the field the next day. Public Works Superintendnet frank Stone stated they have no signs, as he thought it is up to the athetlic associations to indicate the fields are reserved. He will check with the Parks Department to see what can be done and with Mr. Haas to determine how many signs would be needed. After discussing the incident and policies in place with Staff and Chairperson Grabowski, the Council suggested that because it is assumed that the ball fields are available for public use when not being used for an organized game, that those fields that have been groomed for tournament play the next day should be signed. Also, the public should be directed to those fields that are available for them. They also suggested that even though Chairperson Grabowski was acting on behalf of the AAA, he is always perceived as a representative of the City and as someone of authority; and his actions should always reflect that. Mr. Stone stated because of the problem keeping the bathrooms cleaned during large tournaments, he has hired a cleaning service to come in both Saturday and Sunday to clean up so the restro:>ms wìll meet the health codes. In addition, the outside satellite companies will be asked to pump on Saturdays and Sundays on weekends oflarge tournaments. Chairperson Grabowski stated he has a check to the City for $400 from the State tournament committee ITom the tournament that can go toward maintenance. He has also donated three dozen bats and 400 stirrups that the baseball league uses this year. Mr. Fursman noted the growth in the baseball and softball associations has doubled and tripled in recent years. With only three full-time people in the Parks Department, they simply cannot do the things they have done in the past. The City needs to evaluate how tournaments are handled, and help is needed from the associations as well. The proposed 1999 budget will also reflect the tremendous growth in these programs. Mr. Stone stated there will be "reserved:" signs on the fields for the next tournament. Councilmember Dehn asked if people are allowed to display their cars that are for sale in the park's parking lot, referring specifically to Hills of Bunker Lake Sth park. Mayor McKelvey stated people are not allowed to do so, and one has already been towed off the City's property. .. . ~. -- ..---- -~,- --. .-- Regular Andover City Council Meeting Minutes - June 16, 1998 Page 9 DISCUSS CURBS IN RURAL AREA Mr. Haas reviewed a proposal to change the street curbing standard in rural developments ITom the current standard of asphalt curbs, to require concrete curb and gutters, the same as what is required in urban developments. He cited four reasons for doing so: 1) There is a longer service life with concrete curb and gutter. 2) The drainage is improved within the street, as bituminous curbing often results in "bird baths" along the curb lines or at intersections of adjacent streets. 3) There will be a long-term cost savings for the City because it will not have to be replaced as often as the asphalt curbing. 4) It is the norm in other developing communities such as Ham Lake. Mr. Haas had pictures showing some of the problems with asphalt curbing. The drainage does not necessarily have to be more sophisticated with the concrete curb and gutter. It would add about $1 ,SOO to the cost of a rural lot and would apply even to roads in rural areas that are being upgraded or rebuilt. The Council asked Staff to draw up the specifications for action at a future meeting. They also asked that the Staff research what other cities are doing in the rural areas, the width of street they require and whether or not they require the concrete curb and gutter in repaving projects. DISCUSS ORDINANCE 10, SECTION 9. 07. 6/PARK DEDICATION Mr. Haas reviewed the Park and Recreation Commission's recommendation to leave the Ordinance as is relating to park dedication in commercial and industrial developments and to follow it. The Council discussed the procedure for obtaining market value ofthe property. Councilmember Orttel commented that in the dispute over market value for HarlÚlton Square, it was the Council that felt there was a discrepancy in the value and asked that it be looked at again. He also did not have a problem following the ordinance as written, but felt there needs to be some provision for mediation if a dispute arises. He also suggested that the City have three official appraisers that are used and the developer would be able to choose one. Motion by Kunza, Seconded by Orttel, to list three to five appraisers and let the developers pick one of them. DISCUSSION: There was discussion with Park and Recreation Commission Chairperson Grabowski regarding the ordinance provision and procedure for obtaining market values. The Council felt the confusion has been with the commercial development in the rural area, as that is something the City has not done before. Some cities don't assess a park fee at all for commercial property; others charge just a flat fee each year. Ed Hamilton. 661S Highway 10 NW Ramsey. MN - stated they were denied the right to appeal the park dedication fee for Hamilton Square. The land was appraised for $1 million. They paid $100,000 for park dedication but were then denied the right to appeal. They had 24 acres, but only 16 acres could be sold and developed. They checked with policies in the surrounding cities and found that if this were in Ham Lake, they would have paid $12,600 in park dedication fees. In ~ I-hr.\ ~ il~ld Ilav" beclì. $j,I~..l pel _~.~, in Elk River, $1,500 per acre; and in Ramsey, about k.w.".~~ J. .¡,~y\·,,",t~ \)J~\t\(\..CI.';<.· ,;J}í.:} . \,y\ ('0-1\'-<:., ¡\. . it .\.., . , "-".,.I \, V')-'.: L... (¡ ,~:¡.-~.; ·.",:,,1~j I - - . -- ~ ..' -. -- .. -_. ..---- Regular Andover City Council Meeting Minutes - June 16, 1998 Page 10 (Ordinance 10, Section 9.07. 61Park Dedication, Continued) $40,000 total. He feels they were penalized for developing in Andover, and that will discourage others from developing in the City. He also reviewed the great disparity on the land value determined by the three appraisers on his property, and he went into some detail as to how the land was appraised both before and after its Green Acres classification. If he had to do it over again, he would not have developed that property for the clinic and post office. Councilmember Orttel asked that he provide copies of the ordinances ITom other cities regarding park dedication for commercial property. Winslow Holasek. 1159 Andover Boulevard - stated it's been his experience that appraisers are not impartial and favor the City they were hired by. He has a concern of who will be on the list of appraisers and that it not be just those working for government entities. He also explained that the property is not valued as it was under Green Acres. When the Green Acres classification ceases, taxes are paid retroactively for three years and full market value is assigned. Motion carried on a 4-Yes, I-No (Oehn believing the City should look at a separate policy for residential and commercial property) vote. Councilmember Orttel agreed the research and discussion should continue on how other cities determine park dedication for commercial property. ICMA CONFERENCE Mr. Fursman asked the Council to consider options for funding out-of-state travel to professional conferences, specifically the October International City Manager's Conference in Orlando. He attended the 1997 ICMA conference in Vancouver, paying for his own travel and accommodations and using his own time off for the trip. While he would use his own time off for this conference, he did not feel he could pay his own way for this year's conference, which he estimated to be between $600 to $900. His research finds that all cities the size of Andover recognize the benefits of such travel, education and contacts and pay for these types of professional conferences. Council discussion noted that a policy needs to be developed on national conferences that is applicable to all of the department heads, keeping in mind the budget restraints so that there is equal treatment of everyone. The policy might be that they be allowed to attend a national conference every two to three years, and that it would be known beforehand when they would be able to attend. Motion by Kunza, Seconded by Orttel, to approve Mr. Fursman's request regarding the October, 1998, ICMA conference. Motion carried unanimously. CITY OF RAMSEY PUBLIC HEARING RESULTS/SLOW-NO-WAKE ORDINANCE Mr. Johnson explained the City of Ramsey held a public hearing on the proposed ordinance for slow- no-wake zones along the Rum River. They are recommending that Zones I and 2 be deleted, that Zone 3 is questionable and that Zone 4 remain as illustrated on the map. - ... -". .. Regular Andover City Council Meeting Minutes - June 16, 1998 Page 11 (City of Ramsey Public Hearing Results/Slow-No-Wake Ordinance, Continued) While the Council was confused because the first reaction from the City of Ramsey was that they wanted the entire river as a slow-no-wake zone, they preferred that Zones 3 and 4 remain as proposed. It was also suggested that Staff contact Anoka County regarding their position on Zone 2 since it is adjacent to the newly developed county park. It was suggested the item be placed on the agenda after a response is received from the County but before forwarding a response to the City of Ramsey. The meeting was recessed to hold an HRA meeting, II :30; reconvened at II :31 p.m. MAYOR/COUNCIL INPUT Cars "For Sale" along the roads - Councilmember Dehn noted there are many cars along the highways, especially on public property, that are being displayed for sale. She also complimeated the Sheriff's Department and CSOs for doing a good job of being highly visible. Mr. Johnson stated Staff is coordinating with the Community Service Officer on this issue. Rejèrendum in Woodbury - open spaces - Councilmember Kunza noted the referendum that passed in Woodbury regarding open spaces. Councilmember Orttel noted it is a big issue with the public, but it is very costly to purchase those open spaces. Mayor McKelvey also noted it then becomes City land which has to be maintained. No action was taken. Sidewalks along Crooked Lake Blvd - Councilmember Kunza understood the neighbors voted to reject the installation of sidewalks along Crooked Lake Boulevard when the project was done last year; but the recent incident of a child being hit by a truck in the neighborhood reaffirms his belief that sidewalks or trails should be installed along there. Councilmember Orttel felt the City's policy on traffic, patrol and road improvement needs to be reviewed and updated. The population has doubled, so the amount of police patrol needs to keep up. Also, the county has not kept up with keeping their roads in good condition. Mayor McKelvey stated he has been trying to convince the county to upgrade Hanson Boulevard to four lanes from Bunker Lake Boulevard south to Highway 242 along with the intersection project tJùs summer. So far no one will give him a definitive answer. No specific direction was taken on this issue. Meet with the Planning and Zoning Commission & Comprehensive Plan Task Force - The Council agreed to meet with the Comprehensive Plan Task Force between 6 and 7 p.m. on Tuesday, July 28, and with the Planning and Zoning Commission between 7 and 8 p.m. on that same day. - - - .. _.. ~. -- .._-~ Regular Andover City Council Meeting Minutes - June 16, 1998 Page 12 APPROVAL OF CLAIMS Motion by Dehn, Seconded by Kunza, the payment of Claims. Motion carried unanimously. Motion by Knight, Seconded by Dehn, to adjourn. Motion carried unanimously. The meeting adjourned at 11 :42 p.m. Respectfully submitted, ,'Y\ ' ~, l \: I I . { ,\..; \-~"--~, -' ,-- ( ", Marcella A. Peach Recording Secretary . . _. . ~. _0 -.--.-