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HomeMy WebLinkAboutCC October 19, 1999 _. ~ 11-1--'1'1 ... CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, October 19,1999 agenda Call to Order - 7:00 PM Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes Discussion Items I. Anoka County Sheriff Report sheriff 2. Public Hearing/Tax Rate Certification phtaxrate 3. Approve ASUPIPipeline Expansion/Northern Natural Gas Co.! Cont. nothern 4. Discuss Ordinance No. 109, Regulating Snowmobiles ord109 5. Discuss Amendment to Ordinance No.8, Section 4.26, Bulk Storage Liquid Fuels ord8 6. Approve Amendment to Development Policy Guideline policy Staff, Committees, Commissions 7. Approve Amendment/Ordinance 229C ord229c Non-Discussion/Consent Items 8. Approve Probationary Period/General ClerklMargaret Engstrom engsrom 9. Approve HireIPublic Works Secretary A secretarya 10. Appoint Finance Director findirector I I. Approve ASUPIPortable Classrooms/Constance Free Church constance 12. Declare Cost/99-19/3580 - 144th Avenue NW/SS-WM dclr9919 13. Adopt Assessment RolllWaive Public Hearing/99-19/3580 - I 44th Avenue NW/SS-WMadpt9919 14. Declare Cost/97-26A/Hamilton Square dlr9726a . 15. Adopt Assessment RolVWaive Public Hearing/97-26A/Hamilton Square apt9726a , 16. Adopt Assessment RolllWaive Public Hearing/97-35/The Farmstead adpt9735 17. Reject Bids/99-2/Hawkridge Park Well bid992 18. Street Name Change/Chesterton Commons/Chesterton Commons 2nd Add. streetname Mayor/Council Input Payment of Claims Adjournment ,- ,~ ~ Il-¿-qc¡ ,.. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 19, 1999 TABLE OF CONTENTS RESIDENT FORUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Approve probationary period/General ClerklMargaret Engstrom .................. 2 Approve hirelPublic Works Secretary A (Barb Wells) .......................... 2 Appoint Finance Director (James Dickenson) ................................. 2 Resolution R209-99 approving amended Special Use PermitIPortable classrooms/ Constance Free Church. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R210-99 declaring costsIIP99-19/3580 144th Avenue/SS & WM ........ 2 Resolution R2 I I -99 adopting assessment rolllWaive public hearinglIP99- I 9/ 3580 144th Avenue/Sanitary sewer and watennain ......................... 2 Resolution R212-99 adopting assessment rolllWaive public hearinglIP97-35/ The Farmstead. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Resolution R213-99 rejecting bidsIIP99-2/Hawkridge Park well .................. 2 Street name change/ Chesterton Commons/Chesterton Commons 2nd Addition (I 54th Avenue NW to I 54th Lane NW) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 APPROVAL OF MINUTES .................................................. 2 ANOKA COUNTY SHERIFF REPORT ........................................ 2 PUBLIC HEARING: TAX RATE CERTIFICATION.............................. 3 Resolution R214-99 authorizing tax increase for 1999 tax levy, collectible in 2000 ... 4 AMENDED SPECIAL USE PERMITIPIPELINEINORTHERN NATURAL GAS ....... 4 Motion not to appeal the FERC decision ...................... . . . . . . . . . . . . . .. 6 Motion to table Amended Special Use Permit request to November 16 ............. 6 DISCUSS ORDINANCE NO. 109, REGULATING SNOWMOBILES ................ 6 Motion to restrict snowmobiling south of 16 I st + establish committee to research snowmobile trails ........................................... I I Motion to include lakes as part of the approved trail system. . . . . . . . . . . . . . . . . . . .. 12 AMENDMENT TO ORDINANCE NO.8, SECTION 4.26, BULK STORAGE LIQUID FUELS Motion for no change to the ordinance. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 12 AMENDMENT TO DEVELOPMENT POLICY GUIDELINE Motion to approve amendment (relating to the development of small plats) . . . . . . . .. 12 AMENDMENT/ORDINANCE 229C REGULATING PARKS Motion to approve amendment. .. . ., . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 12 MAYOR/COUNCIL INPUT AnokaAuto Wrecking.................................................. 12 School zones on Hanson Boulevard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 Development density ................................................... I3 Snowmobiling ........................................................ 13 Grey Oaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I3 APPROVAL OF CLAIMS .................................................. I3 ADJOURNMENT ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 ....-, CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 19, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, October 19, 1999,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel Councilmembers absent: None Also present: City Attorney, William G. Hawkins City Engineer, Scott Erickson Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others RESIDENT FORUM Winslow Holasek. 1159 Andover Boulevard - asked ifItem 3 on the Amended Special Use Permit for Northern Natural Gas Company will be tabled. He'd prefer it remain on the Agenda for discussion. Mayor McKelvey stated the item will remain on the Agenda for discussion. Dan Johnson. 2165 I 54th Lane - is concerned with the rapid growth in Andover. The rapid growth is affecting the water quality to the residents, the school district, taxes and traffic. The infrastructure can't handle it, it is pushing the snowmobilers out, and it takes twice as long to get to work. He urged the Council to slow or stop development, as it is hurting his life style. What is being done about the rapid growth? Councilmember Orttel explained the City is actually being directed by the Metropolitan Council to intensifY development. He is very concerned that the City is being forced to an even higher density, which is not wanted out here. The Chainnan of the Metropolitan Council has admitted that funding for building highways has been diverted to mass transit. They want development of three per acre which means apartments, condominiums, etc., with the same roads. He felt that really spells disaster and felt the City needs to look at development and possibly revise the Comprehensive Plan to state the City is full. He also pointed out that other cities instituting development moratoriums are doing so to provide time to come back with a higher density development plan. He didn't think that is that Andover wants. AGENDA APPROVAL Remove from the Agenda Item 14, Declare CostlIP97-26A1Hamilton Square, and Item 15, Adopt Assessment RoII/Waive Public HearinglIP97-26A1Hamilton Square at the request of Staff. .--- · ~.. . _. . Regular Andover City Council Meeting Minutes - October 19, 1999 Page 2 (Agenda Approval, Continued) Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 8 Approve Probationary Period/General Clerk/Margaret Engstrom Item 9 Approve HirelPublic Works Secretary A (Barb Wells) Item 10 Appoint Finance Director (James Dickenson) Item II Approve Amended Special Use PennitIPortable Classrooms/Constance Free Church (Resolution R209-99) Item 12 Declare Cost/IP99- I 9/3 5 80 144th Avenue NW/Sanitary Sewer and Waterrnain (Resolution R210-99) Item I 3 Adopt Assessment RolllW aive Public HearinglIP99- I 9/35 80 I 44th Avenue NW/Sanitary Sewer and Watennain (Resolution R21 1-99) Item I 6 Adopt Assessment RolllWaive Public HearinglIP97-35/The Farmstead (Resolution R212-99) Item I 7 Reject BidslIP99-2lHawkridge Park Well (Resolution R2I3-99) Item 18 Street Name Change/Chesterton Commons/Chesterton Commons 2nd Addition (I 54th Avenue NW to I 54th Lane NW) Motion by Jacobson, Seconded by Knight, to approve the Consent Agenda. Motion carried unanimously. APPROVAL OF MINUTES October 5, 1999, Regular Meeting: Page 3, last paragraph to read: "The Council agreed to allow this plat to proceed for development in 2000 subject to having a completed and approved preliminary plat by January 31, 2000, and..." October 5, 1999, Special Closed Meeting: Correct as written. Motion by Knight, Seconded by Johnson, approval as amended. Motion carried unanimously. ANOKA COUNTY SHERIFF REPORT Captain Bruce Andersohn, Anoka County Sheriff Department, reported they responded to 980 calls during the month of September, bringing their total calls year-to-date to 8,035. He then provided a breakdown of calls and also announced the Department of Justice has approved the COPPS grant to the City of Andover for two additional officers. That $300,000 funding will be received over the . r-·, . <.. Regular Andover City Council Meeting Minutes - October 19, 1999 Page 3 (Anoka County Sheriff Report, Continued) next three years. As result, beginning October I, they have implemented 56 hours of coverage per day in Andover. Councilmember Johnson asked about the number of accidents on either end of South Coon Creek Drive since the rerouting of traffic on Bunker Lake Boulevard. Captain Andersohn didn't have that number, stating he would research it, but noted there were surprisingly few. He commended the community for their driving habits along that area. PUBLIC HEARING: TAX RATE CERTIFICATION Mr. Fursman explained in 1999 a new law was passed that requires all cities over 500 population to hold a hearing and pass a Resolution certifYing the tax rate for the upcoming year if the new tax rate is higher than the current year. This Resolution must be filed with the County Auditor by October 20. The City would still have the authority to certifY the final 2000 levy with the same or decreased tax rate. Mayor McKelvey opened the public hearing at 7:18 p.m. Residents in the audience asked what this means. Comments made were they did not want to see taxes increase, that property values have risen which automatically generates higher taxes, that most residents didn't even know about this hearing, plus skepticism that government never reduces spending or taxes. Mr. Fursman explained the maximum the City can raise the levy for next year is four percent, and that is what is being proposed. That relates to approximately $ I 2 to $20 per year depending on the value of the property. It has nothing to do with the school bond issue. The Council also explained that property taxes on new homes are not received by the City for two years; however, there is an increase in services required because of those homes. Once the county provides the valuation, the City will know exactly how many dollars of revenue the four percent increase will generate. The budget will then be finalized, and every attempt will be made to reduce the amount of the proposed levy increase. Residents will be sent individualized tax statements the end of November, and a public hearing on the budget itself will be held on November 29. They also expressed some frustration that this public hearing must be held, yet no real facts are known. It is only to certifY the upper limits of general levy. The Council also pointed out that Andover has been ranked 97 lowest out of 99 metropolitan cities for city taxes. Mr. Fursman also explained that for the last several years, intergovernmental transfers have been made to the General Fund rather than raise taxes. There have been larger increases in the budget to protect the infrastructure -- sealcoating, cracksealing, overlaying, as the decision has been not to assess those costs to the property owners. There are no staff increases proposed for the year 2000. Last year three people were added to help with sewer, water and street maintenance. Motion by Jacobson, Seconded by Johnson, to close the public hearing. Motion carried unanimously. 7:39 p.m. ---. --- _. , Regular Andover City Council Meeting Minutes - October 19, 1999 Page 4 (Public Hearing: Tax Rate Certification, Continued) Motion by Jacobson, Seconded by Johnson, to approve the Resolution as presented. (Resolution R214 authorizing a tax increase for the 1999 tax levy, collectible in 2000) Motion carried unanimously. APPROVE AMENDED SPECIAL USE PERMITIPIPELINE EXPANSION/NORTHERN NATURAL GAS COMPANY Mr. Hinzman explained Northern Natural Gas has requested this item be tabled to allow them time to look at the concerns expressed to them by the City Council and Planning Commission. This will be brought back to the November 16 City Council meeting for a decision. The Federal Energy Regulatory Commission has authorized the construction of a new pipeline in the route proposed by Northern Natural Gas parallel to the existing 8-inch natural gas pipeline. An appeal to FERC's decision must be made by October 30, 1999. He then showed pictures of the construction that has already begun in the City of Ramsey last week. It sounds like construction in Andover will not begin until spring. He believed there were 30 to 40 people in Andover who have not yet signed temporary agreements for this project. Councilmember Jacobson indicated he did not feel the need to appeal FERC's decision when approximately 80 percent of the people have already agreed to the requests of Northern Natural Gas unless it is clearly shown that there is still something outstanding. Mr. Hinzman stated he was not aware of any new or outstanding issues. In response to a question on the environmental issues within the existing easement, he reviewed the environmental assessment made by FERC's staff which indicated the existing right of way would not be environmentally destroyed if the certificate was issued by FERC for that alignment. The EP A has made comments all along. Councilmember Orttel noted the City does not have the capability to do the technical analysis of the two sites, hoping that was done by the agencies. He was impressed that FERC representatives came out to the site a couple times, but it didn't appear there was an adequate procedure relating to the alternate site. Mayor McKelvey then allowed representatives from both sites to address the Council. Winslow Holasek. 1159 Andover Boulevard - went through FERC's certificate which granted the right of Northern Natural Gas to install another pipeline within their existing easement and pointed out items that he felt were in error. He stated the findings of the EPA have not yet been done. Page 6, third paragraph - He felt the statement that Northern Natural Gas has multiple line rights over the easements is not true. Also, they do not have work space from everyone nor, he thought, did they even have all of the permanent easement needed. Page 6, last paragraph - He stated the statement referring to the proximity of the homes in the existing right of way, some with the approval of the City, is not true. Many of those were built before Andover was a City, plus people have property rights to the easement, though not on it. Page 9, bottom paragraph - He read the reason for the expedited certificate was to service all those customers during the 1999-2000 winter season. He disputed that statement, noting his reference at another meeting to items which indicate the need is T: Regular Andover City Council Meeting Minutes - October 19, 1999 Page 5 (Pipeline Expansion/Northern Natural Gas, Continued) really to those eleven towns west of Elk River out to Watkins. When easement was given for the pipeline in 1959, the residents were told the 8-inch line was only going to supply to the UP A plant. That was the purpose of the original line. Page I I, Notice of availability of environmental assessment - Mr. Holasek pointed out a reason for installing the additional pipeline in the existing easement is to be able to do the construction this year to service customers. However, there is no intention of building anything but the last six miles of the line this year. Page 12- I3 relating to the adverse effects or damages from construction to wells, drainfields, habitat, etc. along the alternate route - He didn't understand the statement since those same concerns exist along the proposed route. Appendix X - Mr. Holasek did not feel the list of intervenors was accurate, As his name was not on the list. Appendix C - He stated all of the comments listed came from people along the alternate route because those on the existing route made their comments in preparation ofthe environmental assessment. He also disagreed with the inference that the City of Andover supported the existing route. The City has remained neutral on the issue. Mr. Holasek also read in part letters from state representatives that opposed the FERC alternate route. He felt some of the facts listed were incorrect, specifically the number of homes that would be affected along the original versus alternate routes. He felt FERC chose the original route because of erroneous statements made in those letters, and he asked that the City Council consider appealing the decision, in part because of inaccuracies and the unfairness of those two letters. Larry Whitman. 3736 171st Circle - believed the issue is whether or not the City wants to appeal the FERC decision. He reminded the Council of the statement on the bottom paragraph of Page 15 which indicates state and local permits must be consistent with the conditions of the certificate. If the City appeals, it will be a long, drawn-out, expensive legal process. He doesn't want his tax dollars to go for this. Both sides had their hearing and the federal government made its decision. He thought it should be left as is. Russ Mitchell. 2032 I 57th Lane - stated the appeals process doesn't cost anything, but he felt the record should be set straight. If the City doesn't follow the process, it loses its opportunity to correct things. He felt it is important to carefully consider the constraints put on the Amended Special Use Permit. He was specifically concerned with the tree preservation ordinance and the replacing of trees where required. It may have been the position of Northern Natural Gas to table this item until beyond the time line for the City to appeal FERC's decision. Steve Florman. 3755 171 st Circle - was happy about the FERC decision and puzzled as to why they were here tonight. He would like to see the line installed to avoid having to restart this whole process again. He asked that the Council take the Amended Special Use Permit off the table and approve it tonight. If there are some minor errors in the certificate that need clarification, he noted Mr. Holasek can do so as an intervenor. If there was fraud on the part of Northern Natural Gas when originally obtaining the easement, that is a legal issue between the landowners and the company. People who purchased homes along that pipeline since then should know about the pipeline and should have signed easement agreements when they purchased the property. Just because Mr. Holasek feels he was treated unfairly regarding the easement doesn't mean the best -- , T: Regular Andover Cily Council Meeting Minutes - October 19, 1999 Page 6 (Pipeline Expansion/Northern Natural Gas, Continued) place to put the pipeline is through other neighbors' yards. The people along the existing easement have spent eight months to drive the pipeline through his yard. He understands that attempt failed, but everyone along the alternate route is extremely upset. They had only two weeks to respond. He accused the City and Task Force of lying to the residents about having nothing to do with the alternate route. The federal government has made its decision and he again asked that the City approve the request of Northern Natural Gas this evening. Mr. Flonnan also stated the City and Task Force provided false data regarding the number of people that would be affected by the alternate route. That route is no longer rural. He expressed disgust with the entire operation, including the conflict of the Mayor. Mayor McKelvey clarified neither his current nor previous house was on the existing pipeline. The parcel of property owned by he and ten other people is, and that easement was given before he purchased it. His issue was to get the gas company to install safety measures along the line, which he felt still may be able to be done. Mr. Flonnan stated it is difficult for him and his neighbors to relate with the City Council with any good will because of the way they were treated. They did not receive notice of the alternate route until two weeks before the deadline, and many families did not receive the notice until after the City's meeting. He is happy the decision is made and felt there is no need to appeal. If the Council will not vote on the pennit request of Northern Natural Gas, he requested at the very least that they vote against making an appeal ofFERC's decision. Motion by McKelvey, Seconded by Jacobson, that the City of Andover does not appeal the FERC decision on the Northern Natural Gas pipeline route. DISCUSSION: Mayor McKelvey again noted Mr. Holasek has the ability to correct the record as an intervenor. There was some discussion on the environmental issues along the existing route. Mr. Hinzman eXplained EP A was commenting on this during the process, and that was a part of what FERC had when it made its final decision. Motion carried unanimously. Motion by Jacobson, Seconded by Johnson, to table Item 3 and move to the November 16 meeting for consideration. Motion carried unanimously. The Council asked for responses from Northern Natural Gas regarding those safety issues addressed at previous meetings plus the requirements of the tree preservation policy. DISCUSS ORDINANCE NO. 109, REGULATING SNOWMOB1LES Mr. Carlberg explained Planning and Zoning Commission has recommended snowmobiling should be prohibited south of 161 st Avenue NW in the City. Councilmember Johnson noted the members of the Sno Dragon's Snowmobile Club have done a lot of research on snowmobiling, which has been very helpful. She didn't feel the Snowmobile Task Force did a thorough review before making its recommendation. Mayor McKelvey agreed. He then asked for resident input. -- .- -- - ---- [: Regular Andover City Council Meeting Minutes - October 19, 1999 Page 7 (Discuss Ordinance NO.1 09, Regulating Snowmobiles, Continued) John Nord. 14216 Heather- lived in Andover for 26 years and owns the Anoka-Ramsey Sports Center. He has a personal and business interest in this issue. He felt the members of the snowmobile club have shown there is a lot of support for the activity. Snowmobiling in this part of the country is a way of life. There is definitely a need to educate certain people in Andover and the surrounding cities. Many of the problems result because the young people do not know the rules. The Sno Dragons have made an effort to educate them and have furnished him copies of the ordinance to make available to the public so they know the rules in Andover and Ramsey. Many tax dollars have been spent on trails for walkers, runners and bikers, none of whom need to acquire a license; but no tax dollars have gone for snowmobile trails, and snowmobiles do need licenses and do bring in a lot of money to the area. Russ Mitchell. 2032 157th Lane - noted walkers and bikers are quiet. He snowmobiled all during his youth. People ride through his yard without asking. They jump on his driveway and destroy his mail box. They rip through his yard at 2 a.m. when there's not quite enough snow. In the town in New York where he grew up, they closed 80 percent of the roads and brought the snowmobiles in on trails, making it an enterprise. It supports the City well. If Andover wants to do something like that, it will have to be well thought out. Corridors will have to be created and hours of operation clarified. A gentlemen who lives in St. Francis and is a member of the St. Francis Snowmobile club stated the snowmobile clubs are trying to work with the City to get a trail through it. He has lived here since 1973 when a trail was started in Coon Rapids and went all the way up to Milacs, but the cities let the area grow. He'd really like his kids to be able to ride the trails. Permission has been received from landowners for a trail, but there is a problem crossing Coon Creek. Why is it such a problem getting the bridge over Coon Creek to be able to ride from Hanson Boulevard over to Round Lake, then up Seventh Avenue or up Hanson Boulevard? Why isn't that trail system being put through? Mayor McKelvey explained the bridge over the creek is needed for the trail, and so far no one has come up with the funding for it. There is talk of a double bridge, one for walkers and one for snowmobiles. The gentlemen stated ifit would be strictly a snowmobile trail, the snowmobile clubs usually foot the bill. They built several bridges in St. Francis with no money from the city. Much of the material is donated by people in their group who are in construction or with money from the DNR. The law enforcement issue is a problem, but something will be done if there are enough complaints. The snowmobilers aren't asking for any money, they are asking for approval and support. Mayor McKelvey noted the Sno Dragons have not wanted to spend money on the trail because every year there is the theat that snowmobiling will be banned. The bridge has to be temporary and removed during the summer per the Coon Creek Watershed Board. Kim ? 14108 Round Lake Boulevard - noted there has been talk of banning snowmobiling for the last four to five years. Some of the problems have stopped, but not enough. She has been threatened. When she tells someone it is illegal to ride through her yard, they ride through it even - --- -- T: Regular Andover City Council Meeting Minutes - October 19, 1999 Page 8 (Discuss Ordinance No.1 09, Regulating Snowmobiles, Continued) more, at times 2 or 3 in the morning, plus knock over the mail box. It is not the young people who have threatened her but people in their 40s and 50s. If there are young people out there breaking the rules, where are their parents? She suggested a ban on snowmobiling south of 161 st and then work on corridors through the City. They should not be allowed on Round Lake Boulevard, however, because it is such an busy, unsafe road. They are riding on that street now, which is illegal; and there is no enforcement. The snowmobilers need to respect her rights also. She doesn't want someone creating an ice bridge at the end of her driveway so she can't get out. Nor do her neighbors. She would like to have snowmobiling banned. Chris LeY)'. 1415 Andover Boulevard - has lived in Andover for three years. He put many miles on his snowmobile in 1996, but the last two years have been poor winters for snowmobiling. He suggested an ordinance establish at what depth of snow people can be riding. That should help with the problem of snowmobiles tearing up the grass while riding when there isn't enough snow. It should be easy to enforce a regulation that doesn't allow snowmobiling on less than six inches of snow. Mayor McKelvey noted there are portions of the ordinance in place already such as not riding on the streets or riding at 15 mph, neither of which are respected. Mr. Levy stated not too many people like getting ticketed more than once for speeding. If people know there are patrols, they won't violate the ordinance again. He also noted that the complaints will vary depending on the amount of snow. Again, that is an enforcement issue. Councilmember Knight explained the problem of the police responding to complaints because the offenders take off and the deputies are not on snowmobiles. Attorney Hawkins also noted that the driver of the sled must be identified and tagged if there is a violation. It is not sufficient to get the license plate number and tag the owner. Don Le!!ge. 14417 Vintage - has been a resident for 15 years and lives in a small residential neighborhood. Every year he has to fence off the front portion of his property on both sides to stop the damage caused by snowmobiles. He watches a neighbor snowmobile up and down the street, doing circles in the street, then drives into the garage when complaints are registered. The snowmobile clubs are trying to help, but it isn't enough. The City cannot afford the cost of enforcement. Further restrictions are needed. Tom? . 13437 Narcissus Court - stated the potential ban south of 161st would affect him. He's lived in Andover for 10 years. People think they own the land right to the highway, but snowmobiles do have the right to ride across the driveways and in the ditch. He wished the Council would spend as much time finding snowmobile corridors through the City as it has talking about banning snowmobiles. He lives two blocks from Crooked Lake and rides to the lake to test his machine, then does all the rest of his riding outside of Andover. He would hate to have that privilege taken away. He'd like to see the community support and establish corridors for snowmobiles like it does for walkers. Spend more time trying to find common ground instead of banning the use. Work with the land owners and work with the Club to get this done. They haven't seen much support in that area. Regulations are being broken now, so how will adding another regulation help? .~ L: Regular Andover City Council Meeting Minutes - October 19, 1999 Page 9 (Discuss Ordinance No.1 09, Regulating Snowmobiles, Continued) Winslow Holasek - observed the rudeness and disrespect of many people this evening, but apparently it has accomplished their means. Lee Wamicka. 14791 Blackfoot Street - has lived in Andover 23 years, had a snowmobile and still enjoys it. He wondered of those who don't like snowmobiles have corralled some power here. He didn't believe there are that many people against it. Minnesota is a snowmobile state. People enjoy getting out into the fresh air in the winter. There are people who abuse bicycles, and the snow plow plows snow onto his driveway. Andover is on the fringe, and he felt it must step back to reassess the situation. He didn't believe the overall feeling of the City is that strongly against snowmobiles. The Council then discussed some of the comments made this evening as well as a possible course of action at this point. Councilmember Johnson wanted to see the citizen's task force meet again and to explore options instead of just banning snowmobiling south of 161 st. One suggestion would be to provide maps of where snowmobiling is allowed. Councilmember Jacobson has been in Andover for 30 years and has seen it change a lot. Some of the recommendations of the task force have been recommended for years, and there really hasn't been much of a change. He proposed restricting snowmobiling south of 161 st for the upcoming winter season. During that time and before the season 2000-2001, have the task force come up with good, solid ideas of where trails can go and how they can be handled. The restriction would be for one year, and he would be willing to give snowmobiling another chance with a really good plan in place. Mayor McKelvey has lived here 26 years and would hate to see snowmobiling banned even temporarily. His concern was once it is banned, it will never be restored. Establishing trail corridors for snowmobiles would resolve many of the problems. He was concerned that there is no enforcement in the five-block area of Round Lake Boulevard, so how will a total ban south of 161 st be enforced? The area that looks the worst with yellow tape barriers is along Old Crosstown Boulevard, yet the City owns all of the property on the other side of the street. All the City would have to do is allow them on that side so they wouldn't ride across driveways on the other side. He felt it may be possible to complete the east-west route along Coon Creek and to have a north-south route along Hanson Boulevard. Both the City and the county must approve two-way traffic on Hanson Boulevard. Resident comments at this time pointed out the City of Plymouth requires a speed of 10 mph to get to the trail. It's 5 mph in St. Francis. Other cities provide snowmobile corridors but the sleds must be brought in by trailer at various entry points. Another person stated the DNR has $ I 00,000 worth of money to give to the City to build bi-seasonal use trails as a part of the National Recreational Trail Program. They would be limestone trails for waking, biking and hiking that would be available for snowmobiling in the winter. Councilmember Orttel stated his concern is that snowmobiling is the only sport in which the legal use destroys public assets. Since studs are allowed, there is no place on the south side of town for ,- L ¡ Regular Andover City Council Meeting Minutes - October 19, 1999 Page 10 (Discuss Ordinance NO.1 09, Regulating Snowmobiles. Continued) snowmobilers to ride. Along Bunker Lake Boulevard, they run across his land because there is not enough right of way; and that is common in many areas. He gets calls about snowmobilers plugging up driveways so the residents can't get out. He didn't think the trails would solve the problem. How do they get to the trail without damaging the public infrastructure? He was originally thinking the boundary should be Coon Creek, but now he's thinking it should be at 161st as suggested. He didn't see how snowmobiling could be allowed without damaging the infrastructure. Many in the audience disagreed with the premise that the snowmobiles destroy public streets. Their point was the streets are made of stronger material and there has been no evidence of destruction by snowmobiles on the streets. Mr. Erickson stated typically the asphalt used for the streets is used for the driveways as well. A gentleman who grew up in Coon Rapids and witnessed the banning of snowmobiling in that city wanted to be able to continue to enjoy snowmobiling with his children in Andover. lt is not convenient to have to put the sled on a trailer to get to a trail. When he gets home from work, he enj oys taking the sled out right from his house. It is not right to take away their enjoyment. Snowmobiling is a heritage in this state; and by moving the boundary, people's rights are being taken away. Coon Rapids, in his opinion, made a mistake by banning snowmobiling. lt could have planned for the people to get on the trails. Council member Knight noted despite everyone's best effort, there is damage and behavior that is unacceptable. Adults also have to accept the responsibility for giving snowmobiles to some of the youth who create problems. He spent the afternoon talking with other cities, and none have found the solution. A few cities have banned them completely, though many have resolved the issue with trails. There is no question the City must do something, as people are running around neighborhoods and fann fields on snowmobiles, knocking down mail boxes, intimidating people and destroying crops. He suggested looking at Hanson Boulevard as a corridor because there are fewer people living on it than the other major north-south roads. The problem may be with having two-way traffic on one side of the street. An east-west corridor also needs to be researched, possibly along Highway 20. Snowmobiling is not allowed in Blaine, though they can trailer to Highway 65 and ride along the highway. It is a similar situation in Brooklyn Center where the snowmobiles can be trailered to a park. Plymouth provides parking for people to trailer their snowmobiles at five or six different sites. To have that same situation in Andover, the City would have to provide parking and to support snowmobile trails. Possibly parking could be provided on the City-owned property south of the landfill to be able to access Hanson Boulevard. At this point, he is not in favor of a ban; however the non-snowmobilers do have the same property rights as those who do snowmobile. The problem is how much of this can be accomplished before the first snowfall. There was further discussion with the residents regarding trails, damage to asphalt, rights, enforcement, the snowmobilers' request for support for trails and whether or not to ban snowmobiling south of I 6 I st for one year. If trails are established, the Council felt the neighboring residents should have some input first. A resident stated the east-west trail is all on private property and they have already obtained permission. A question was on which side of Hanson Boulevard - --- -----........-.. ,. ._-----~--- .~. U Regular Andover City Council Meeting Minutes - October 19, 1999 Page 11 (Discuss Ordinance No.1 09, Regulating Snowmobiles, Continued) would the trail be constructed. A suggestion was on the east side, because that affects the least residents and because the schools are on the west side of the road. Along some roads, it must be determined that there is sufficient right of way for snowmobile trails. Another issue could be lack of snow along the trails, which then means the turf gets torn up. Another resident suggested the Council allow them to do the research and bring back recommendations for the location of trails rather than making those decisions tonight. Someone also felt with ham radios they would be able to police the few blocks along Round Lake Boulevard where snowmobiling is not allowed. Still another person talked about the influence of police enforcement along South Coon Creek Drive where people have been driving the speed limit since Bunker Lake Boulevard was closed because it is constantly patrolled. Someone else stated they would be willing to donate a patrol sled to the police. Others agreed that if violators are ticketed and fined, the word will get out and there will be fewer violations. Some noted the City of Uno Lakes has trails along Lake Drive on both sides right to down town. Mr. Carlberg didn't think there was a realistic chance of getting any trails or parking locations in place before this winter season. Motion by Jacobson, Seconded by Orttel, that the City Council restrict snowmobiling south of 16 I st Street with the exception that a person can snowmobile on their own property, or in the case of a natural disaster such as a snow storm where that is the only mode of travel that can be used. During this restriction for the snowmobile season for 1999-2000 that a committee be set up that comprises of snowmobile enthusiasts and representatives from the City to agree on a north-south, east-west trail plan for it, and bring the results back to the City Council for approval and instituting north-south, east-west trails prior to the 2000-200 I snow season. After some discussion, Councilmember Jacobson accepted an amendment to the motion to include the fact that snowmobiles will be allowed on approved City trails south of 161 st. Second Stands. DISCUSSION: Councilmember Jacobson noted the intent would be the Council would have to give approval to the snowmobile trails. Council member Orttel stated this makes it incumbent upon the City to provide parking to access the trails. Residents argued against a one-year ban stating it creates a huge compliance issue, that this creates a large issue for law enforcement, that the snowmobiles clubs will no longer be able to help with enforcement and that other cities allow the snowmobilers to drive from their house to the designated trail. Councilmember Johnson called the question. Motion carried on a 3- Yes (Jacobson, Knight, Orttel), 2-No (McKelvey, Johnson) vote. Several residents asked about the ability to snowmobile on the lakes. The Council agreed to include the lakes as part of the trail system. Attorney Hawkins stated an ordinance will be brought back to the Council to correct any conflicts that may have occurred because of this action tonight. Mr. Carlberg stated for the next meeting he will provide a map outlining the snowmobiling boundary for the Council to consider. - /- ~ l, Regular Andover City Council Meeting Minutes - October 19, 1999 Page 12 (Discuss Ordinance No. 109, Regulating Snowmobiles, Continued) Motion by Knight, Seconded by Orttel, to include the lakes as part of the approved trail system. Motion carried on a 4- Yes, I -No (McKelvey since he opposes the ban) vote. DISCUSSAMENDMENTTO ORDINANCE NO.8, SECTION 4.26, BULK STORAGE LIQUID FUELS Motion by Jacobson, Seconded by Knight, that the City Council agree with the Planning Commission and recommend no change to Ordinance No.8, Section 4.26. Motion carried unanimously. APPROVE AMENDMENT TO DEVELOPMENT POLICY GUIDELINE Motion by Jacobson, Seconded by Orttel, to move Item 6, recommend approval of the Development Policy Guideline as presented. Motion carried unanimously. APPROVE AMENDMENT/ORDINANCE 229C REGULATING PARKS The Council discussed the proposed changes to the ordinance. Some thought the intent was to allow people to walk their pets on the trails through Sunshine Park, though this amendment would prevent that. Park and Recreation Commissioner AI Grabowski explained the main complaint about the parks is the problem with dogs leaving deposits on the fields. It is unhealthy and unsanitary, and the amendment is proposed in an attempt to resolve that problem. Dogs are permitted in all other parks, but it has not been a problem in the other parks. Many other cities prohibit animals in their sports complexes. In Sunshine Park, the problem with allowing them on the trail is that the trail is very close to the soccer field and it becomes an unhealthy situation. Motion by Orttel, Seconded by Knight, the amendment as presented by the Park Board. Motion carried on a 4- Yes, I -No (McKelvey) vote. MAYOR/COUNCIL INPUT Anoka Auto Wrecking - Mr. Carlberg stated the City is attempting to get permission to do the necessary environmental testing on the site; however, the owners are not willing to allow that until they have a purchase agreement. They are still in the process of negotiating the issue. :L Regular Andover City Council Meeting Minutes - October 19, 1999 Page 13 (Mayor/Council Input, Continued) School zones on Hanson Boulevard - Mr. Erickson stated the City wrote a letter to the county indicating it wished to have school zones established along Hanson Boulevard, but there has been no response. He will check on the status of this item. Development density - Councilmember Orttel stated he was disappointed to learn that the Metropolitan Council is diverting highway funds to public transportation. It appears there has been no change in the position of the Metropolitan Council regarding density. In fact, they may be pushing for even more density than before. The City needs to be very careful, as he felt the City doesn't want real high density housing. Transportation, which is impacted by development, is getting to be a big issue. Mr. Hinzman stated Andover may be closer to the 3 units per acre than originally thought. That has yet to be detennined. Snowmobiling - The Council suggested a proposal be submitted to the county as soon as possible for two-way snowmobile traffic on Hanson Boulevard. Possibly someone from the county can address the issue with the task force. It was felt the process for establishing snowmobile trails should begin as soon as possible. Grey Oaks - Jerry WindschitI, developer, stated the project is graded, but there are some difficulties with the paperwork that haven't been resolved. Their hope was to be able to do something this year, but the winter season is approaching quickly. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, to approve the Claims. Motion carried unanimously. Motion by Johnson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 10:45 p.m. Respectfully sUbrni~ ~~~ Recording Secretary .- , -