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HomeMy WebLinkAboutCC August 15, 2006 o o o r \f~ ~. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, August 15,2006 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/25/06 Workshop; 8/2/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Hold Hannless & Easement Encroachment Agreement/2450 Bunker Lk. Blvd. NW (Serendipity Cafe) - Engineering 4. Approve Resolution/Speed StudyIMeadowlark Heights - Engineering 5. Approve Joint Powers Agreement/04-37/Andover Blvd. NW (CR 16) & Hanson Blvd. NW (CSAR 78)/ Intersection hnprovements - Engineering 6. Order Plans & Specs/06-40/Round Lk. Blvd. NW & Bunker Lk. Blvd. NW/Traffic Signal hnprovements - Engineering 7. Adopt Resolution Appointing Election Judges for Primary Election - Clerk 8. Approve-Agent/Broker of Record City's Employee Benefits Program - Administration 9. Accept Contributions/Concert in the Park - Finance 10. Approve Final Plat/Country Oaks South/161 5t and Wintergreen Street - Planning 11. Declare Surplus Equipment & Authorize Sale - Finance Discussion Items 12. Receive Anoka County Sheriff's Department Monthly Report - Sheriff 13. Fox Meadows Park/Burgeson Family - Administration 14. Review and Approve Memorandum of Understanding for Right-of-Way & Easement Aquisitions/05- 11/Tulip Street NW - Engineering 15. Discuss Outdoor Concert Events - Administration 16. Community Center Advisory Commission Appointment - Administration Staff Items 17. Schedule EDA Meeting - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment o o o ~ Q..L) LJ~ll tkn 1-5-610 REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 15, 2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 15, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Chad Erickson -13500 Hidden Creek Drive, stated he was at the meeting regarding a change in the ordinance for A TV use on private property. He does not understand why this ordinance was put in place because he feels the property is his and he should be able to do what he wants on the property. A neighbor has complained about his ATV use to the Sheriff. He showed the Council photos of the ATV on his land. He does not have 2.5 acres but one ofthe reasons he purchased the property is because he likes A TV's and they occasionally ride around their property. He wondered what he could do about this. Councilmember Jacobson stated the reason the ordinance was enacted was they did not want people on small city lots to disturb their neighbors by riding A TV's. Councilmember Trude stated she gets calis about people riding on park land and tearing it up. The City has a paid bike patrol of officers to start preserving City property behind people who have 'l'4 acre lots. The problems are happening throughout Andover. Captain Jenkins stated this is correct and a lot of the land backs up to park lands, wetlands and designated wetlands and people tend to venture out onto this land to ride which is not allowed. He thinks it is a good idea in the City to have a minimum acreage designation for something like that. Mr. Erickson stated he has contacted surrounding communities and has not found any that have this type of ordinance so he did not understand why Andover needs to have this type of ordinance. Mayor Gamache stated they are trying to deal with complaints from people. Because the ordinance o o Regular Andover City Council Meeting Minutes - August 15, 2006 Page 2 was just passed he did not think the Council would want to make any changes at this time but Mr. Erickson could talk to neighbors and get signatures to try to have this looked at again. AGENDA APPROVAL Add Item lla, (Approve Dental Renewal and Employee Contributions) to the Consent Agenda. Add Item l6a, (Consider Approval of Premise Permit AHYHA) to Discussion. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES July 25, 2006, Workshop Meeting: Correct as amended. Councilmember Jacobson stated on page five, two thirds down the page it states "Councilmember Jacobson asked for people who bought homes next to the railroad, to what degree did they owe spending a lot of tax money to solve this problem." He did not think it was what he meant. The issue of train noise and the amount of money they would have to spend to create quiet zones, he asked the Council that if ninety percent of the people in the City are not bothered by train horns. They were looking at spending around one million dollars, did they think that they had enough political backing to do this because other people may complain because they would not want their money spent on something that only benefits a very few people. He wanted to see if the Council was willing to go ahead and do that and it was not stated that way in the minutes. Councilmember Orttel stated they discussed at the meeting that they would need to find the money because they could not use general funds because of that very problem. He thought the minutes should say they should try to find funding somewhere else. August 2, 2006, Regular Meeting: Correct as written. Motion by Trude, Seconded by Knight, approval of the July 25,2006 Minutes as indicated above. Motion carried 4 ayes, I present (Gamache). Councilmember Trude stated she had one name change on page six. The name should read "Mr. Enzmann" instead of the name in the minutes. o Motion by Trude, Seconded by Jacobson, approval of the August 2, 2006 Minutes as indicated above. Motion carried unanimously. o Regular Andover City Council Meeting Minutes - August 15, 2006 Page 3 CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Hold Harmless & Easement Encroachment Agreement/2450 Bunker Lake Boulevard NW (Serendipity Cafe) Item 4 Approve Resolution/Speed Study/Meadowlark Heights (See Resolution R096-06) Item 5 Approve Joint Powers Agreement/04-37 / Andover Boulevard NW (CR 16) & Hanson Boulevard NW (SCAR 78)/Intersection Improvements Item 6 Order Plans & Specs/06-40/Round Lake Boulevard NW & Bunker Lake Boulevard NW/Traffic Signal Improvements (See Resolution R097-06) Adopt Resolution Appointing Election Judges for Primary Election (RES. R098-06) Approve-AgentlBroker of Record City's Employee Benefits Program Accept Contributions/Concert in the Park (RES. R099-06) Approve Final Plat/Country Oaks SoutlV16l st and Wintergreen Street (See Resolution RlOO-06) Item 11 Declare Surplus Equipment & Authorize Sale Item lla Approve Dental Renewal and Employee Contributions Item 7 Item 8 Item 9 Item 10 o Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEWE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff s Department, provided an update on law enforcement activities occurring within Andover. Mayor Gamache stated they received an email regarding an incident to the east of City Hall and he asked Captain Jenkins to review this with them. Captain Jenkins reviewed the incident for the Council. FOX MEADOWS PARK/BURGESON FAMILY City Administrator Dickinson explained the Burgeson Family has requested to address the City Council regarding on-going trespassing of Frisbee golf players from Fox Meadows Park onto the Burgeson property. o Mr. Jim Neilson, Attomey, representing Mr. & Mrs. Burgeson at 4345 l5ih Avenue NW, Andover, made a presentation to the Council regarding the issues with the Frisbee golf at Fox Meadows Park. Mayor Gamache asked if they take the baskets down at season's end and put them away. Mr. Dickinson stated they were permanently placed in the ground. Mayor Gamache asked if the chain baskets could be removed. Mr. Dickinson indicated he was not sure. o Regular Andover City Council Meeting . Minutes - August 15, 2006 Page 4 Mayor Gamache asked Mr. Neilson ifthis was a problem primarily in the summer and died down in the winter. Mr. Nielsen stated there is only a problem during the time the Frisbees have been thrown. Mayor Gamache thought they need to look at what they can do additionally on the course. He stated this frustrates him because it is really unnecessary. He stated the City builds these parks to accommodate residents and things like this happen. He did not have a problem with a fence in this area. People are not supposed to be drinking or swearing in the park. Mayor Gamache asked if the vandalism only happened to the cameras the Burgesons placed on their property. Mr. Neilson thought that was the only vandalism that was done. He stated they have been going through the trees to come out into the open back yard but there was no vandalism as far as he knew. o . Mayor Gamache stated the reason he asked Mr. Dickinson about the cages is because it is going to take some time to get the fence up and he would personally like to stop the Frisbee part until this is done. He thought it was a small minority but he did not think they deserved the right to play until this was taken care of. Mr. Dickinson thought they could be removed by looking at the design. Councilmember Knight asked how many feet the fence would be from the property line. Mr. Neilson thought it would be approximately five feet. Councilmember Knight asked City Attorney Hawkins if they could do this because they would be . removing park land out of circulation. Mr. Dickinson showed an aerial photo and showed the property line is along the edge of the tree line. City Attorney Hawkins stated he did not see that as a problem and is a reasonable method to deal with the problem they have. Councilmember Orttel asked if they knew what age group they are. Mr. Neilson indicated he has been there and there are cars there but he has not seen younger individuals there or bikes. He indicated they were younger adults. Councilmember Orttel would like to see a study done to find out if they are from Andover or from outside of the City. o Councilmember Trude stated her son does ultimate Frisbee and she was in a store where they sell the discs and they have to buy different sizes and weights and they had a sign up on the wall showing the different parks with Frisbee golf and Andover was not on it but it becomes a networking. She stated her sister lives by one and she has never had a problem so she did not think it was endemic with the kids that do this activity. She stopped at the park and was by herself and walked up to some of the young adults and they were very polite and cordial. She noted she did not hear any foul language. She stated there is obviously a group of young adults that are not acting appropriately but she would hate to take this away because it is not everyone. Mr. Neilson agreed and did not think that Andover was different than other cities. He stated other cities have had problems with this also. o o o Regular Andover City Council Meeting Minutes - August IS, 2006 Page 5 Councilmember Jacobson asked, assuming the fence were built and a Frisbee went over the fence and someone tried to climb the fence and injured themselves, would the City be liable because the City put the fence up and it was on City property. City Attorney Hawkins did not think there would be a liability ifthe fence were constructed properly. He thought there would be signs indicating no climbing or trespassing but they do have insurance and coverage to defend them in case something were to happen. Councilmember Trude thought the height was critical for the fence and the change of the lay in the course would help too. Motion by Orttel, Seconded by Knight, to have the City Administrator coordinate the installation of an eight foot chain length fence along the park and Burgeson property line for the length of the property with the property owner's donation for the fence and the park not be operated while the fence is installed. Motion carried 4 ayes, 1 nay (Jacobson). REVIEW AND APPRO VE MEMORANDUM OF UNDERSTANDING FOR RIGHT-OF-WAY & EASEMENT ACQUISITIONS/OS-Il/TULIP STREET NW City Engineer Berkowitz stated the City Council is requested to approve the Memorandum of Understanding (MOD) for right-of-way and easement acquisition related to City Project 05-11, Tulip Street NW. Councilmember Jacobson removed himself from discussion and voting because of conflict of interest. Motion by Knight, Seconded by Trude, to approve the Memorandum of Understanding for right-of- way and easement acquisition for City Project 05-11, Tulip Street NW. Motion carried 4 ayes, 1 abstain (Jacobson). Councilmember Trude thanked Mr. Berkowitz for all the work he has done on this project. DISCUSS OUTDOOR CONCERT EVENTS City Administrator Dickinson stated at the July 25, 2006 Council Workshop, the Council indicated a desire to have a formal agenda item to discuss a noise issue related to a recent outdoor concert held at Pov's Sports Bar. Councilmember Knight stated he received complaints at the time the concert was going on at Pov' s. Councilmember Trude stated the person that called her indicated he lives in the Hills of Bunker which is a substantial distance away. o Regular Andover City Council Meeting Minutes - August 15, 2006 Page 6 Councilmember Jacobson stated they approved the liquor extension so they could have liquor in the ball field with the band but the way it is set up in the ordinance is if they wanted to have a band out there and not have liquor, they could do so without any additional permitting from them. Mr. Dickinson stated they could as long as they complied with the noise ordinance. Councilmember Jacobson thought the reason that this was brought up is within a year there will be new homes behind the ball fields and they were concerned that if they were getting complaints from residents a fair distance away, with people moving even closer, would that be a problem also. He wondered if there was any other way that they can hold the lights and noise down besides what is stated in the ordinance. Mr. Dickinson stated additional limitations could be put on as far as the time. The ordinance indicates 10:00 p.m. Mr. Dickinson stated he had some research done on how many complaints they had relative to sound at Pov's Sports Bar and Tanners. There were some complaints relative to sound. There were three separate occurrences. One involved theP .A. system for a ball game and the other two times were on the 21 st and 22nd, the two nights in question this year. Those were the only noise complaints they received on Pov's. o Councilmember Trude stated the call she had from the resident indicated they called after 9:00 p.m. and again after midnight and the response from the Sheriffs Department was that Pov's had permission to do this. She stated that was the issue she raised at the Council meeting regarding allowing the liquor license to extend out to the ball field and if the noise ordinance went with this. Councilmember Jacobson read from the noise ordinance regarding what is allowed between midnight and 7:00 a.m. Councilmember Jacobson stated they need to reaffirm the 10:00 p.m. noise ordinance when extending other licenses. Councilmember Orttel stated he did not realize this included the Fun Fest and other city events. He asked if they had ever had complaints about those events. Mr. Dickinson stated the main reason for the Andover Fun Fest is they do have bands and the time frame is they do go past the 10:00 p.m. barrier. He noted he talked to the owner of Po v' s, Brad Povlitski, and he could not be at the meeting but asked if the Council could wait to make a decision until he could come and talk to the Council. Councilmember Orttel indicated it was not just Pov's but a City-wide issue that needs to be dealt with. The Council decided to put this item on as a workshop item to be discussed further. o COMMUNITY CENTER ADVISORY COMMISSION APPOINTMENT City Adn1inistrator Dickinson indicated correspondence has been received from Dan Masloski o Regular Andover City Council Meeting Minutes - August 15, 2006 Page 7 indicating his desire to step down as the Park Commission representative on the Community Center Advisory Commission (CCAC). Mr. Masloski was appointed by the Council to the CCAC on February 7, 2006. Mayor Gamache thought this item should go back to the Park Commission to see if anyone else wanted to apply for the appointment. CONSIDER APPROVAL OF PREMISE PERMIT FOR AHYHA. City Administrator Dickinson stated the Andover Husky Youth Hockey Association is looking for approval of a premise permit for lawful gambling at Tanners Station. Councilmember Jacobson thought that technically since the owners of Tanners now want the Hockey Association he did not think there was anything they could do legally to stop this. Mr. Dickinson stated the ordinance does permit an organization to be at more than one business but they cannot have more than one organization in one location. o Mayor Gamache asked if they allow paddle wheels. Mr. Dickinson indicated they allow paddle wheels for meat raffles. Motion by Councilmember Knight, Seconded by Councilmember Jacobson, to approve the resolution as presented. Councilmember Trude asked if they have any role other than perfunctory to make sure this is an issue between the restaurant owner and lessee. Mr. Dickinson stated this is really the bars decision. City Attorney Hawkins stated their only role is to make sure the organization qualifies under their ordinance. Motion carried unanimously. (RES. RIOI-06) SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for September 5,2006 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT o City Administrator Dickinson updated the Council on Administration & City department activities, Open Space Task Force update and miscellaneous projects in the City. City Engineer Berkowitz updated the Council on road improvements projects in the City. o Regular Andover City Council Meeting Minutes - August 15, 2006 Page 8 Community Development Director Neumeister updated the Council on development activity in the City. MAYOR/COUNCIL INPUT There was no Council input. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:31 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary o c o o o Regular Andover City Council Meeting Minutes - August 15, 2006 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 15,2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL.............................................................................................................2 APPROVAL OF MINUTES ......................................................................................................2 CONSENT ITEMS Approve Payrrtent of Claims ................................................................................................ 3 Approve Hold Harmless & Easement Encroachment Agreement/2450 Bunker Lake Boulevard NW (Serendipity Cafe)..................................................................................3 Resolution R096-06 approving Resolution/Speed Study/Meadowlark Heights.................. 3 Approve Joint Powers Agreement/04-3 7/ Andover Boulevard NW (CR 16) & Hanson Boulevard NW (SCAR 78)/Intersection Improvements ................................................. 3 Resolution R097-06 ordering Plans & Specs/06-40/Round Lake Boulevard NW & Bunker Lake Boulevard NW/Traffic Signal Improvements ........................................... 3 Adopt Resolution Appointing Election Judges for Primary Election (RES. R098-06) .......3 Approve-Agent/Broker of Record City's Employee Benefits Program............................... 3 Accept Contributions/Concert in the Park (RES. R099-06) ................................................ 3 Resolution R100-06 approving Final Plat/Country Oaks South/161 st and Wintergreen Street... ..... ......... ...... ................................ ......... .... ........................................... ................ 3 Declare Surplus Equipment & Authorize Sale .................................................................... 3 Approve Dental Renewal and Employee Contributions ...................................................... 3 RECENE ANOKA COUNTY SHERIFF DEP ARTMENT MONTHLY REPORT Received........ ...................... ....... ...................... ................ ........ ......................... .............. ...... 3 FOX MEADOWS P ARKIBURGESON FAMILY Motion to Approve. ....... ............. ...... ......... ..... ................. ........ .......... ........................... ......... 3 REVIEW AND APPROVE MEMORANDUM OF UNDERSTANDING FOR RIGHT-OF- WAY & EASEMENT ACQUISITIONS/05-11/TULIP STREET NW Motion to Approve............ ......... ............... ............................... ............................................. 5 DISCUSS OUTDOOR CONCERT EVENTS........................................................................... 5 COMMUNITY CENTER ADVISORY COMMISSION APPOINTMENT ............................. 7 CONSIDER APPROVAL OF PREMISE PERMIT FOR AHYHA Motion to Approve (RES. R101-06).....................................................................................7 SCHEDULE EDA MEETING................................................................................................... 7 ADMINISTRATORS REPORT ................................................................................................ 8 MA YORlCOUNCIL INPUT ..................................................................................................... 8 ADJOURNMENT......................................................................................................................8