HomeMy WebLinkAboutCC - April 6, 2010
0 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, April 6, 2010
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (3/16/10 Regular; 3/16/10 Closed; 3/23/10 Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Award Bid/I 0-2, 2010 Street ReconstructionllO-8, 2010 Curb, Sidewalk & Pedestrian Ramp Repairs/10-12,
Public Works Salt Storage Facility Paving - Engineering
4. Approve ResolutionslRevoking & Desiguating MSA Streets/I 0-9 - Engineering
5. Approve Off-Sale 3.2% Liquor License & Tobacco License/Stop N Shop - Administration
6. Approve Drainage & Utility Easements/1 0-02, 20 I 0 Street Reconstruction - Engineering
0 7. Approve Final Plat/Kwik Trip Andover Addition - Planning
8. Award Bid/09-22, Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment - Engineering
9. Approve 2011 Budget Development Guidelines - Administration
Discussion Items
10. Consider Naming Fields/Sunshine Park! AAA - Engineering
II. Consider Authorizing ApplicationlLCCMR Environmental and Natural Resources Trust Fund - Planning
12. Consider ApprovaI/Extension of Liquor LicenseIPov's Sports Bar & GriIl- Administration
Staff Items
13. Administrator's Report - Administration
Mayor/Council Input
Closed session - Public Works Union Negotiations Update
Land Purchase - 07-32-24-11-0001 and 07-32-24-14-0001
Adjournment
0
"
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 6,2f)10
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, April 6, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude
Councilmember absent: None
Also present: City Attorney, Scott Baumgartner
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Public Works Director/City Engineer, David Berkowitz
Others
0 PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Motion by Knight, Seconded by Bukkila, to table Item 10 to the April 27, 2010, City Council
Workshop. Motion cmried unanimously.
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
March 16, 2010, Regular Meeting: Correct as amended.
Councilmember Jacobson requested a correction on page 8, line 8, the word "can" should be changed
0 to "could".
Motion by Knight, Seconded by-Trude, to approve the minutes as indicated above. Motion carried
unanimously.
0 Regular Andover City Council Meeting
Minutes-April 6, 2010
Page 2
March 16, 2010, Closed Meeting: Correct as presented.
Motion by Trude, Seconded by Jacobson, to approve the minutes as written. Motion carried
unanimously.
March 23, 2010, Workshop Meeting: Correct as presented.
Motion by Jacobson, Seconded by Bukkila, to approve the minutes as written. Motion carried
unanimously.
CONSENT ITEMS
Item 2 Approval of Claims
Item 3 A ward Bid / 10-2, 20 I 0 Street Reconstruction / 10-8, 2010 Curb, Sidewalk &
Pedestrian Ramp Repairs / 10-12, Public Works Salt Storage Facility Paving (See
Resolution R030-1O)
Item 4 Approve Resolutions / Revoking & Designating MSA Streets / 10-9 (See
0 Resolution R031-1 0 & Resolution R032-1 0)
Item 5 Approve Off-Sale 3.2% Liquor License & Tobacco License / Stop N Shop
Item 6 Approve Drainage & Utility Easement / 10-02, 2010 Street Reconstruction
Item 7 Approve Final Plat / K wik Trip Andover Addition (See Resolution R033-l 0)
Item 8 Approve Bid /09-22, Bunker Lake Blvd. NW Frontage Road / Jay Street
Realignment (See Resolution R034- I 0)
Item 9 Approve 2011 Budget Development Guidelines
Motion by Jacobson, Seconded by Bukkila, approval ofthe Consent Agenda as read. Motion carried
unanimously.
CONSIDER A UTHORIZING APPLICATION /LCCMR ENVIRONMENTAL AND NATURAL
RESOURCES TRUST FUND
Mr. Neumeister reviewed the staff report with the Council and presented the recommendation of
the Open Space Advisory Commission to pursue grant funding through the Legislative Citizens
Commission on Minnesota Resources (LCCMR). The deadline date for this is Friday, April 9,
2010.
Motion by Jacobson, Seconded by Bukkila, to approve the authorization of the application for the
LCCMR Environmental and Natural Resources Trust Fund. Motion carried unanimously. (See
0 Resolution R035- I 0)
0 Regular Andover City Council Meeting
Minutes-April 6, 2010
Page 3
CONSIDER APPROVAL / EXTENSION OF LIQUOR LICENSE / PO V'S SPORTS BAR &
GRILL
Mr. Dickinson reviewed the staff report with the Council and the request of Brad Povlitzki,
owner ofPov's Sports Bar & Grill, to extend the liquor license to include their fully enclosed ball
. fields. It was noted that POy'S is planning to hold an outdoor music celebration July 16 and 17,
2010 with bands playing until midnight, which is not consistent with the City's noise ordinance
that prohibits noise after 10 p.m. He noted the City has allowed similar activities for other
businesses and this is an annual event for POy's.
Councilmember Jacobson asked ifthe police reports and complaints were from the same person
or different people.
Mr. Dickinson clarified that the complaints were from different people but the same
neighborhood.
Councilmember Knight asked if extending the noise ordinance for POy'S would set precedence
0 and other businesses would request similar action.
Mr. Dickinson clarified that Pov's is requesting to have their liquor license extended not the
noise ordinance. The noise ordinance would remain in effect and Pov's is required to comply.
The noise level can be measured with a decibel meter.
Councilmember Jacobson stated Section 5-6-3A of the noise ordinance states "No person shall
engage in or permit construction activities involving the use of any kind of electrical powered,
diesel powered, or gas powered machine or other equipment which creates noise that is audible at
the property line, except between the hours of seven o'clock a.m. and ten o'clock p.m." He
stated the City does need to put something in place that addresses consistent noise that goes
beyond the property lines. Even though this type of noise may not be above the maximum
decibel level the fact that it is constant does make it a problem for many residents.
Councilmember Trude stated Section 5-6-2 references noise from radios, phonographs, and
paging systems. "No person shall use or operate or permit the use or operation of any radio
receiving set, musical instrument, phonograph, paging system, machine, or other device for the
production or reproduction of sound in a distinctly and loudly audible manner as to unreasonable
disturb the peace, quiet, and comfort of any person nearby."
Councilmember Jacobson asked what the officers would do if they found they decibel readings
were to high.
0 Mr. Dickinson stated in the past the officers have asked that the noise level be tumed down to
meet the requirements of the ordinance.
Councilmember Jacobson clarified the officers would have the option to end the music at this
0 Regular Andover City Council Meeting
Minutes-April 6, 2010
Page 4
time as well.
Mr. Dickinson stated the officers that will be on duty the night ofthe outdoor concert for Pov's
would be notified of the City's noise ordinance and the decibel level requirements.
Councilmember Bukkila stated the main concern would be the noise levels after 10:00 p.m.
Councilmember Knight stated this is an issue that comes up every year and the City only has one
opportunity to address the noise level.
Mr. Dickinson clarified the language in the ordinance is what is suggested by the MPCA. The
decibel readings are set so that there is something to measure by and use as a determinant. Noise
can be a subjective thing and what is noisy to one person may not be to another. The code simply
identifies what the minimum level would be for noise to be a problem.
Mayor Gamache stated of the four complaints received last year, two of these were before 10:00
p.m. and the City would not have done anything about this because the ordinance says the noise
0 must be after this time. He pointed out that there will always be some complaints no matter
what.
Councilmember Jacobson suggested that on the days of this event the officers on duty be
provided with a copy of the ordinance so they have something to follow besides just taking a
decibel reading. The officers will know there is the option to send people home or end the event
if the noise is excessive.
Mr. Dickinson stated the City has approved similar events for other businesses in the City but the
City does limit the number of events that they will approve. This was an effort to ensure these
types of events are not happening every weekend. He also pointed out the last year Pov's did
follow the recommendations ofthe officers and reduced the noise level.
Councilmember Knight stated the bass level should be limited.
Councilmember Bukkila stated it is not just the bass level that can be a problem. A bad singer
could be as big a problem if not bigger.
Motion by Jacobson, Seconded by Knight, to approve an extension of liquor license for Pov's
Sports Bar and Grill to include their fully enclosed ball fields and to provide a full copy of the
City's Noise Ordinance to the officers.
Councilmember Trude pointed out that Pov's is taking the complaints from last year into
0 consideration according to the drawing they provided.
Mr. Dickinson stated Pov's is planning to move the tent closer to their building in an effort to use
the building as a sound barrier.
0 Regular Andover City Council Meeting
Minutes-April 6, 2010
Page 5
Motion carried unanimously.
ADMINISTRATOR REPORT
Mr. Dickinson updated the Council on the administration and city department activities, meeting
reminders, CIP Projects, Sheriff's update and development activity. He pointed out that residents
should keep their garage doors closed.
Mr. Berkowitz updated the Council on construction projects, Public Works projects, and
community gardens.
Mr. Neumeister updated the Council on the Kwik Trip project, hunting regulations, and CDBG
income surveys.
Councilmember Jacobson asked for a map of the salt storage facility paving project.
0 Mr. Berkowitz stated the reason this particular project was bid at this time with the other projects
the City is working on is so that a favorable bid would be received. Staff did spend time on the
master plan for this facility and maps are available for the Council. He also offered to take the
Councilmembers on a tour of the facility. There is flexibility within this contract for changes that
may occur.
Mayor Gamache asked Mr. Gompertz of the Andover Athletic Association ifhe would be able to
answer a couple of questions regarding the naming of the fields before the April 27 workshop.
There are other items on the agenda for that meeting. He asked if the people that Mr. Gompertz
would like to recognize are aware that this is happening.
Mr. Gompertz, President of Andover Athletic Association, stated that he had talked with
everyone last year and when he talked to them again recently they could not say for certainty that
they had talked with him previously. At this time he does not have their support in writing.
Councilmember Trude pointed out the policy for Naming and Renaming Parks, Park Facilities,
and Trails, item 7 states the person being honored must adhere to at least one of the following
credentials and complete a waiting period of at least six months from the conclusion of service or
time of death.
Mr. Gompertz stated the opening ofthe season is scheduled for April 26 and if the Council did
not make a decision until April 27 it would be after the opening. The opening of the season
would be the best time to honor these individuals.
0 Councilmember Trude stated Mr. Gompertz has had a year to work on this project but the
Council has only had a couple of days to review this. There are other things that need to be
considered when looking at this proposal and the Council should have an opportunity to discuss
0 Regular Andover City Council Meeting
Minutes~April6, 2010
Page 6
these. If the City names all the fields, trails and facilities now there would not be anything
availableto honor future leaders ofthe community. When something is named it is forever and
the Council needs to consider this when making its determination. The City has a policy in place
for a reason and it should be adhered to and this includes providing the Council time to discuss
the proposal.
Mr. Gompertz stated he had asked for guidance from City Staff in the process and they had
misguided him. This is why the proposal was not before the Council at their previous workshop.
He asked the Council to reconsider their decision because he would hate to miss the opportunity
due to a technicality.
Mayor Gamache stated the Council had a meeting scheduled for April 20 and this could
potentially be discussed at that time. This would give the Council two weeks to review the
proposal and contact Mr. Gompertz with any questions.
Councilmember Trude stated she would prefer to have this discussion in a workshop since it is
also a policy discussion. The Council should spend time deliberating about this. This decision is
0 forever and is setting precedent for the future. If all the fields are named at this time then what
will be done to honor future leaders.
Councilmember Jacobson asked ifthere would be any support for meeting at 6:00 on April 20 to
discuss this proposal.
Mayor Gamache stated there is an EDA meeting on the calendar for the Council at 6:00 p.m. on
that day.
Councilmember Trude stated the naming of fields, trails, and parks is seen more as a memorial.
Mr. Gompeliz pointed out the City's policy does not say that the person being honored needs to
be deceased. The Association would like to honor these individuals while they are still alive.
Councilmember Bukkila stated she would like additional time to consider this request.
Councilmember Trude stated she is not denying these individuals have made contributions to the
community and to the association but she would like to discuss this in greater detail with the
other members ofthe Council in a workshop. She does not understand the urgency to make a
forever decision.
Mayor Gamache stated based on the input of the Council this proposal will be discussed by the
Council at the April 27, 2010 workshop.
0 MA YOR/COUNCIL INPUT
Councihnember Bukkila asked for an update ofthe City wide garage sale event.
0 Regular Andover City Council Meeting
Minutes-April 6, 2010
Page 7
Mr. Dickinson stated the date has not been finalized but will be in the next few days.
RECESS TO CLOSED EXECUTIVE SESSION
The Council recessed to a closed executive session at 8:01 p.m. to consider Public Works Union
Negotiations Update and Potential Land Purchase 07-32-24-11-0001 and 07-32-24-14-0001.
The Council reconvened at 8:28 p.m. to adjourn.
Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:29 p.m.
Respectfully submitted,
Tina Borg, Recording Secretary
0
0
0 Regular Andover City Council Meeting
Minutes-April 6, 2010
Page 8
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 6, 2010
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE ......................................................................................................... I
RESIDENT FORUM ...................................................................................................................... 1
AGENDA APPROV AL.................................................................................................................. 1
APPROVAL OF MINUTES........................................................................................................... 1
CONSENT ITEMS .........................................................................................................................2
Item 2 Approval of Claims ...................................................................................................... 2
Item 3 Award Bid /10-2,2010 Street Reconstruction /10-8,2010 Curb, Sidewalk &
Pedestrian Ramp Repairs /10-12, Public Works Salt Storage Facility Paving (Resolution
R03 0-1 0) ............................................................................................................................. 2
Item 4 Approve Resolutions 1 Revoking & Designating MSA Streets 110-9 (Resolution
R03l-l0 & Resolution R032-l 0)........................................................................................ 2
Item 5 Approve Off-Sale 3.2% Liquor License & Tobacco License 1 Stop N Shop ............... 2
0 Item 6 Approve Drainage & Utility Easement / 10-02, 20 I 0 Street Reconstruction............... 2
Item 7 Approve Final PlatlKwik Trip Andover Addition (Resolution R033-l0).................... 2
Item 8 Approve Bid / 09-22, Bunker Lake Blvd. NW Frontage Road 1 Jay Street
Realignment (Resolution R034-l0) .................................................................................... 2
Item 9 Approve 2011 Budget Development Guidelines.......................................................... 2
CONSIDER AUTHORIZING APPLICATION / LCCMR ENVIRONMENTAL AND
NATURAL RESOURCES TRUST FUND (Resolution R035-l0) ........................................... 2
CONSIDER APPROVAL 1 EXTENSION OF LIQUOR LICENSE 1 POV'S SPORTS BAR &
GRILL ........................................................................................................................................ 3
ADMINISTRATOR REPORT ....................................................................................................... 5
MAYOR/COUNCIL INPUT ..........................................................................................................7
CLOSED SESSION ......................................................................................................................... 7
ADJOURMENT .............................................................................................................................7
0