HomeMy WebLinkAboutCC - June 15, 2010m emo ` ��
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, June 15, 2010
Call to Order — 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (5/20/10 Workshop; 06/01/10 Council Meeting; 06/01/10 Closed Session)
Consent Items
2. Approve Payment of Claims — Finance
3. Approve Memo of Understanding (MOU)/North Metro Soccer Assoc. /09- 18 /Hawkridge Park
Reconstruction — Engineering
4. Approve No Parking Resolution/ 148"' Lane NW - Engineering
5. Approve Waiver to Water Hookup /09- 37/138 Avenue NW & Xavis Street NW/Water Main Extension
CDBG — Engineering
6. Approve Temporary 3.2% Malt Liquor License /Andover Lions /Fun Fest —Administration
7. Adopt Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of
Assessments & Reduced Sanitary Sewer Rates — Administration
8. Approve Resolution Accepting Grant/CenterPoint Community Partnership Grant/Fire Department Pagers—
Administration
9. Declare Surplus Equipment - Finance
Discussion Items
10. Anoka County Sheriff's Department Monthly Report - Sheriff
11. Consider Conditional Use Permit /Substation Expansion/1635 and 1657 Bunker Lake Blvd. NW - Planning
12. Consider Changes to City Code 5 -4 Weapons /Hunting Regulations — Planning
13. Discuss Awarding Bid /08 -33 /City Bridges Scour Evaluation — Engineering
Staff Items
14. Administrator's Report -Administration
Mayor /Council Input
Closed Session — Open Space Land Purchase Negotiations — White Pine Wilderness
Adjournment
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrab
FROM: Michelle Hartner, Deputy City C
SUBJECT: Approval of Minutes
DATE: June 15, 2010
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
May 20, 2010
June 1, 2010
June 1, 2010
DISCUSSION
Workshop
Regular Meeting
Closed Meeting
The minutes are attached for your review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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ANDOVER CITY COUNCIL WORKSHOP MEETING — MAY 20, 2010
MINUTES
The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache,
May 20, 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: Assistant Public Works Director, Todd Haas
City Administrator, Jim Dickinson
Others
The meeting was called to order following the Community Garden Plot Ribbon Cutting Ceremony.
DISCUSS WIND TURBINE ORDINANCE
Mr. Dickinson explained on March 16, 2010 the City Council approved Ordinance No. 390 which
includes regulations for wind energy conversion systems. Recently, Councilmember Don Jacobson
submitted revised language suggestions for consideration.
Councilmember Jacobson reviewed with the rest of the Council the revised language he came up
with to improve the Ordinance.
Councilmember Trude stated on page 2 under WECS prohibited she wanted to add a word ... shall be
prohibited "on" but she wanted to know why this would matter. She would be fine if it was omitted
because they do not control it. Councilmember Knight agreed. Councilmember Trude stated she
would like to remove this from the ordinance.
The Council discussed roof mounted turbines.
Mr. Dickinson stated the question was if the Council still wanted roof mounted prohibited within the
MUSA area. He stated Councilmember Jacobson is proposing to remove this from the ordinance so
roof mounted turbines would be allowed throughout the entire City.
Councilmember's Knight and Bukkila stated they would not want to remove that from the ordinance.
Councilmember Bukkila asked if it were roof mounted would it still be under conditional use. Mr.
Dickinson indicated it would. Councilmember Bukkila stated she would not have a problem with
that if each one was reviewed.
Andover City Council Workshop Meeting
Minutes —May 20, 2010
Page 2
1 Mr. Dickinson noted most current residential roofs are likely not designed to structurally hold a
2 turbine so he believed new construction would be where most would likely be proposed.
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4 Councilmember Bukkila stated because these are so new she thought there will be improvements to
5 them in the future so she did not want to prohibit them at this time.
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7 Councilmember Bukkila asked if someone installs one of these and taps into the grid will the utility
8 companies get involved. Councilmember Jacobson stated these would be for home use and not
9 powerful enough to tap into the grid and to supply electricity to a full household.
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11 Councilmember Trude asked if they will need to add this to the building code. Mr. Dickinson stated
12 if someone were to come in for approval they would need to get a structural analysis done to see if
13 the structure is strong enough to hold a wind turbine.
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15 Setbacks
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17 Mayor Gamache stated he liked the proposed changes to the setback section.
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19 Mayor Gamache asked how they would measure the setback if the turbine is on top of the home. Mr.
20 Dickinson stated they would follow the design requirements for these.
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22 Councilmember Knight asked how they would control a noise nuisance that would be continuous.
23 Mr. Dickinson stated that would be listed in the nuisance ordinance.
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25 The Council continued to discuss possible noise issues related to wind turbines.
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27 Councilmember Trude asked if wind turbines will be allowed in front yards. Mr. Dickinson stated it
28 depended on where on the lot the wind turbine would fit with the setback requirements.
29 Councilmember Jacobson asked Mr. Dickinson to check with the City Attorney regarding this.
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31 Mr. Dickinson preferred to keep the insurance liability requirement at $300,000 since that is the
32 standard amount provided on a homeowner's policy.
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34 The Council concurred with the changes that were proposed to the Ordinance.
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36 Mr. Dickinson indicated the proposed changes would need to go through the public hearing process
37 again.
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39 2011-2015 CAPITAL IMPROVEMENT PROGRESS REPORT
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41 Mr. Dickinson stated Administration/Finance along with all other City Departments are well
42 underway in the process of developing a 2011 -2015 CIP. As part of the process, staff is working
43 with various committees and commissions to assist them in completing their work.
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Andover City Council Workshop Meeting
Minutes —May 20, 2010
Page 3
1 Mr. Dickinson reviewed the progress report with the Council.
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3 Mr. Dickinson stated the Park Commission is going to be focusing on this item at their meeting and
4 they will be discussing the funding they received because Andover Station North was paid off early.
5 He stated the reason they did this was because the Andover Station North fields are built on an outlot
6 and by them utilizing the available funds that were provided that area is no longer a park dedicated
7 improvement funded facility which means twenty years down the road if the Council wants to shut
8 the facility down and sell it they can do that.
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10 Councilmember Jacobson liked the idea of doing this because right now when they accept a park
11 dedication from a developer it has to be a park but maybe it should be outlots with placing play
12 structures on them and in the future they can turn them into something else.
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14 Mr. Dickinson stated there is a fiscal background behind why this is done. This would offer the City
15 maximum flexibility to utilize the assets they have.
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17 Motion by Jacobson, Seconded by Bukkila, to authorize staff to look into the issue of parks /outlots
18 and bring back to the Council for potential changes to the City Code.
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20 Councilmember Knight asked if there is any part of Eminent Domain that affects that.
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22 Mr. Dickinson discussed with the Council some cities that have accepted outlots instead of park
23 dedicated parcels in a development. He discussed the benefits and drawbacks that the City would
24 have if they adopted this. He thought this is something the City should explore.
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26 Motion carried unanimously.
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28 Mr. Dickinson continued to review the Capital Improvement Plan with the Council.
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31 2010 BUDGET IMPLEMENTATIONPROGRESS REPORT
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33 Mr. Dickinson stated the 2010 Budget and Levy was the outcome of a number of budget workshops
34 with the Council, numerous staff meetings, a December 1, 2009 Public Hearing and the final
35 adoption on December 15, 2009.
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37 The 2010 Budget includes a total property tax levy of $10,856,299: $7,631,494 (70.3 %)
38 operational levy, $1,900,566 (17.5 %) debt service levy, and $1,324,239 (12.2 %) capital levy.
39 The 2010 gross levy reflects a 2.48% increase over 2009.
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41 Mr. Dickinson reviewed the Budget Implementation progress report with the Council. The
42 primary focus of the report was the investment portfolio make up and some of the strategies
43 currently being used.
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Andover City Council Workshop Meeting
Minutes —May 20, 2010
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2011 BUDGET DEVELOPMENT DISCUSSION
Mr. Dickinson explained the City Finance Department distributed to all City Departments their base
budgets, personnel services estimates, capital budget forms, and line item budget pages on May 5 h to
get the 2011 budget development process underway.
Mr. Dickinson reviewed the staff report with the Council.
The Council discussed possibly reinstating steps for employees and when the furlough for the
employees should be lifted. Mr. Dickinson indicated he would be comfortable with removing the
furlough starting mid - September 2010, but also to allow employees to voluntarily continue on
the furlough if they would want to through the end of the year, the benefit provisions would
remain enforce, this would likely be attractive to some employees.
Mr. Dickinson stated mid - September would be one full year on the 4 hour per pay period
furlough.
The Council was in agreement to remove the furlough by mid - September 2010, but would
encourage Mr. Dickinson to push for an earlier option if financially prudent. Mr. Dickinson
indicated if that was the Council direction he would look for an earlier date. They asked Mr.
Dickinson to send out a letter to the employees letting them know how much the Council
appreciated them taking the furlough and acknowledge their sacrifice.
a) Newsletter Discussion
Mr. Dickinson showed the Council a couple of sample newsletters from different vendors
for consideration. The Council would like the Newletter Committee to look at formal
proposals.
b) Community Education Partnership Discussion
Mr. Dickinson stated the City of Andover as part of the annual budget process for the past
number of years has included a funding contribution to the Anoka- Hennepin School District
specifically for Community Education. The budgeted contribution for 2010 is $45,200 and
the 2008 and 2009 the budgeted contribution was also $45,200.
Mr. Dickinson reviewed the information with the Council.
Councilmember Trude explained a lot of money is being spent on clerical stuff and staffing.
She thought they needed to provide better service to the community for what the City is
contributing. She thought they needed to go to a regional model because most schools are
regional. She stated they wanted to go to more family programs but the problem is that
parents work during the day and do not have time after work to bring the child to a program.
Andover City Council Workshop Meeting
Minutes — May 20, 2010
Page 5
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2 Councilmember Trude stated they are thinking about offering Adventures Plus by
3 combining the daycare with the program and the parent can pick them up after work.
4 Councilmember Bukkila stated this will not work with families that have day care after
5 school. She stated families will need to make a choice again. Day cares will not let you pay
6 for part time so the families would need to pay for Adventures Plus for once a week
7 activities and a day care.
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9 Mr. Dickinson noted the City of Ramsey has stopped contributing but he thought they
10 needed to talk to them because he felt Andover could be subsidizing Ramsey.
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12 Mayor Gamache felt the Council needed a breakdown of the costs that Andover will be
13 paying for the services before any contribution is made. The rest of the Council concurred.
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16 The Council recessed at 8:55 p.m.
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18 The Council reconvened at 9:00 p.m.
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21 DISCUSS DOG PARKS
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23 Mr. Haas stated this item is in regard to a request by resident Jennifer Frisby in the Pinewood Estates
24 development for the City to consider a location(s) for a dog park possibly at one of the existing city
25 parks or other city owned property.
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27 Councilmember Jacobson wondered if they could use the old golf course for a dog park.
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29 Ms. Frisby stated she has done a lot of research on the City of Minneapolis website regarding their
30 dog parks. She stated she is ready to take the next step and get other people involved in getting a dog
31 park started.
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33 Mayor Gamache asked when looking for areas for a dog park he thought people south of City Hall
34 would want one because they will not want to go very far to take their dog.
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36 Mr. Haas stated they will look at all the options and there will be a booth at Fun Fest to see what the
37 response is.
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39 Councilmember Trude wondered why the resident wanted to have a dog park. Ms. Frisby stated she
40 loves dogs, one of her dogs is a service dog and she wants to have a place where she can bring her
41 dogs and a lot of the parks in the City do not allow dogs. She would like to be able to bring her dogs
42 with her to watch her daughter play sports. She thought this would be good for the dogs and also for
43 the owners.
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Andover City Council Workshop Meeting
Minutes —May 20, 2010
Page 6
1 Mayor Gamache stated they would need to post some rules at the park indicating the City is not
2 responsible for damages or bodily harm.
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4 DISCUSS CAPITAL IMPROVEMENT PLANIPARK IMPROVEMENTS
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6 Mr. Haas explained this item is in regard to the 2011 -2015 Parks Capital Improvement Plan (CIP).
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8 Mr. Haas reviewed the staff report with the Council.
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10 Mr. Haas stated the Park Commission is on board with Hawkridge Park, they felt $100,000 was very
I I generous and they want to move forward. They were also interested in doing Sophie's Park this year
12 and also the skate park.
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14 Mr. Dickinson stated they would be looking at $150,000 from the fund for Hawkridge Park, Sophie's
15 was $75,000 which would leave approximately $100,000 left to start another project and they do not
16 want to start a project unless they have all the money to get the project done.
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18 Councilmember Bukkila asked if they could leave the left over money there. Mr. Dickinson stated
19 that is always an option.
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21 Councilmember Knight explained the problems the Community Center is having with the kids at the
22 skate board park. He noted it is not the kids that skate but the ones that hang around with them and
23 he felt they had a supervision problem.
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25 Mr. Dickinson reviewed with the Council based on his research what makes a good skateboard park.
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27 Mr. Haas stated the Park Commission is not interested in placing permanent equipment at the skate
28 park but would like to install a concrete pad somewhere and replace equipment as needed.
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30 The Council discussed with staff supervision problems that are occurring at the Community Center.
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32 DISCUSS LRRWMO 3 RD GENERAL WATERSHED MANAGEMENT PLAN
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34 Mr. Haas explained the Lower Rum River Watershed Management Organization (LRRWMO) is
35 currently in the process of finishing their Third Generation Watershed Management Plan in
36 accordance with stated rules for surface water management. Cities within the management area and
37 other agencies are given a 60 day review period to provide comments on the proposed plan. Staff
38 has reviewed the plan and would like to review a few items with the City Council before the formal
39 comments are submitted.
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41 Mr. Haas reviewed the staff report with the Council particularly the disturbed acreage requirement to
42 require a permit.
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44 The Council concurred that they wanted to keep the permit requirement at 1 acre and directed staff to
19 Mr. Haas reviewed the information with the Council.
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21 The Council was in agreement to install a street light where indicated on the map shown.
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23 OTHER TOPICS
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25 Mr. Dickinson stated he received a call regarding people placing a memorial on her property
26 where someone was killed. The resident did not want to have the memorial there and wondered
27 if there was a policy in place regarding this. He stated the City does not have a policy and
28 wondered if the Council wanted to implement this.
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30 The Council indicated they did not want to set a policy at this point but asked staff to talk to the
31 family involved about this. He noted the resident would be ok if a bush was planted there but did
32 not want a memorial there anymore.
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REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 1, 2010
MINUTES
The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Acting Mayor
Don Jacobson, June 1, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Sheri Bukkila, Mike Knight
Councilmember absent: Mayor Mike Gamache, Councilmember Julie Trude
Also present: City Attorney, Scott Baumgartner
Director of Public Works /City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Others
PLEDGE OFALLEGIANCE
SPECIAL PRESENTATION — CENTERPOINT ENERGY COMMUNITY PARTNERSHIP
GRANT
Mr. Kyle Marty, CenterPoint Energy, presented the Community Partnership Grant of $1,000 to Fire
Chief Dan Winkel.
Chief Winkel stated they will use the money to purchase pagers for the Department.
The City Council thanked CenterPoint Energy for their grant.
RESIDENT FORUM
Mr. Carroll Abbott, 2917 142 Lane, stated his concern was about Pitbull dogs in his
neighborhood. He explained an incident that happened to a neighbor last Saturday that involved
a Pitbull running loose in his neighborhood. He stated he called the Sheriff on his neighbors and
his own behalf He stated the person that owns this dog owns another one and there are two
other houses on his block that also have Pitbull dogs. He stated the Sheriff never responded to
his call.
Acting Mayor Jacobson stated Mr. Abbott needs to make sure there is a report on file with the
Sheriff s office in case something to were to happen in the future the City has a record of the
previous incident. Mr. Abbott stated the Sheriff did talk to him but not his neighbor.
Regular Andover City Council Meeting
Minutes —June 1, 2010
Page 2
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Mr. Dickinson explained he received the information about the owner of the Pitbull and will look
into this and make sure the dogs are licensed.
AGENDA APPR0VAL
There were no changes.
Motion by Knight, Seconded by Bukkila, to approve the Agenda as presented. Motion carried
unanimously.
APPROVAL OFMINUTES
June 18, 2010, Regular Meeting: Correct as presented.
Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried
unanimously.
June 18, 2010, Closed Session Meeting: Correct as presented.
Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried
unanimously.
C� CI] U` C Y� ► � � � ► r � u iC y
Item 2 Approval of Claims
Item 3 Approve Plans & Specs /Order Advertisement for Bids /09- 37/138 Avenue NW &
Xavis Street NW /Water Main Extension (See Resolution R045 -10)
Item 4 Approve Plans & Specs/ Order Advertisement for Bids /10 -12 /Public Works Salt
Storage Facility (See Resolution R046 -10)
Item 5 Approve Used Vehicle Sales License /Andover Auto Care/ 16191 Round Lake
Boulevard NW
Item 6 Order Improvement/Approve Plans /09- 18/Hawkridge Park Reconstruction
Item 7 Authorize Sophie's South Park Improvements
Item 8 Amend Fee Ordinance (Ordinance 393)
Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
unanimously.
YEAR END DECEMBER 31, 2009 AUDIT PRESENTATIONIHLB TAUTGES REDPATH
Regular Andover City Council Meeting
Minutes —June 1, 2010
Page 3
1 Ms. Peggy Moeller, HLB Tautges Redpath made the Year End December 31, 2009 Audit
2 presentation to the Council outlining the required reports and provided some details on the City's
3 financials.
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5 Acting Mayor Jacobson stated he understood the auditors found a few items that needed attention
6 and he wondered if they were taken care o£ Ms. Moeller indicated she was satisfied with the results
7 and both items have been corrected.
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9 Motion by Knight, Seconded by Bukkila to accept the Year End December 31, 2009 Audit reports.
10 Motion carried unanimously.
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13 DISCUSS PETITIONINO PARKING REQUEST 1148 LANE NW
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15 Mr. Berkowitz explained the City Council is requested to discuss a petition requesting no parking
16 along 148' Lane NW, south of Andover Elementary.
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18 Acting Mayor Jacobson noted the school provides a place to pick up the kids but wondered why it is
19 not being used, he questioned if it is a little less convenient. Mr. Berkowitz stated the Sunshine Park
20 parking lot is used quite a bit at the end of the day and can be very congested, but the parking lot has
21 a lot of capacity.
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23 Councilmember Knight asked if the school could send home a flyer to the effect to what is being
24 done so parents are being warned ahead of time. Mr. Berkowitz stated they can work with the school
25 to see if they could get some type of notification out.
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27 The petitioner, Shannon Wagner, was at the meeting.
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29 Acting Mayor Jacobson stated not all of the homes along the street signed the petition and he
30 wondered why. Ms. Wagner stated the times she went around the neighborhood the residents that
31 did not sign the petition were not home.
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33 Councilmember Knight asked what percentage of homes she got to sign the petition. Ms. Wagner
34 stated seven homes signed the petition out of fifteen homes she went to and nobody refused to sign
35 the petition.
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37 Motion by Bukkila, Seconded by Knight to authorize staff to go forward as presented and draft a
38 resolution for approval at the next City Council meeting. Motion carried unanimously.
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41 SCHEDULE JUNE WORKSHOP
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43 The Council is asked to schedule a City Council Workshop for either Tuesday, June 22, 2010, or
44 Tuesday, June 29, 2010 at 6:00 p.m.
Regular Andover City Council Meeting
Minutes —June 1, 2010
Page 4
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Motion by Knight, Seconded by Bukkila, to schedule a June Council Workshop for June 29,
2010, at 6:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders, CIP Projects and development activity.
MAYORICOUNCIL INPUT
(Intersection Work) — Jacobson wondered why on 133` Avenue & Swallow Street the intersection
was dug out. Mr. Berkowitz indicated they had a watermain valve issue there and the valve has been
fixed and the final restoration work is to be finished within the next week.
The City Council recessed at 7:35 p.m. to go into a closed session to discuss:
2010 Public Works Contract Review /Discussion
Open Space Land Purchase Negotiations — White Pine Wilderness
The City Council reconvened at 7:55 p.m. to adjourn.
Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 7:55 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
Regular Andover City Council Meeting
Minutes —June 1, 2010
Page 5
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 1, 2010
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1
SPECIAL PRESENTATION — CENTERPOINT ENERGY COMMUNITY PARTNERSHIP
GRANT....................................................................................................... ............................... 1
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 2
APPROVAL OF MINUTES ............................................................................ ............................... 2
CONSENTITEMS .......................................................................................... ............................... 2
Approvalof Claims ...................................................................................... ............................... 2
Approve Plans & Specs /Order Advertisement for Bids/09- 37/138' Avenue NW & Xavis
Street NW /Water Main Extension (See Resolution R045 -10) ............... ............................... 2
Approve Plans & Specs/ Order Advertisement for Bids /10 -12 /Public Works Salt Storage
Facility (See Resolution R046- 10) .......................................................... ............................... 2
Approve Used Vehicle Sales License /Andover Auto Care/ 16191 Round Lake Boulevard NW 2
Order Improvement/Approve Plans /09- 18/Hawkridge Park Reconstruction ............................. 2
Authorize Sophies South Park Improvements ............................................. ............................... 2
Amend Fee Ordinance (Ordinance 393) ...................................................... ............................... 2
YEAR END DECEMBER 31, 2009 AUDIT PRESENTATION/HLB TAUTGES REDPATH... 2
DISCUSS PETITION/NO PARKING REQUEST /148 LANE NW ............ ............................... 3
SCHEDULEJUNE WORKSHOP .................................................................. ............................... 3
ADMINISTRATOR REPORT ........................................................................ ............................... 4
MAYORICOUNCIL INPUT ........................................................................... ............................... 4
ADJOURNMENT............................................................................................ ............................... 4
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: June 15, 2010
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $171,422.93 on disbursement edit list #1- 3 from 06/01/10 to 06/11/10 have been issued and
released.
Claims totaling $103,212.11 on disbursement edit list #3 dated 06/15/10 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REQUESTED
The Andover City Council is requested to approve total claims in the amount of $274,635.04. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
Lee Brezinka
Attachments: Edit Lists
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator / Finance Direc
David D. Berkowitz, City Engineer/Director of Public Works
FROM: Todd J. Haas, Assistant Public Works Director
SUBJECT: Approve Memo of Understanding (MOU) North Metro Soccer Assoc. /09-
18/Hawkridge Park Reconstruction — Engineering
DATE: June 15, 2010
INTRODUCTION
The City Council is requested to approve the MOU with the North Metro Soccer Association in
regards to the reconstruction of Hawkridge Park.
DISCUSSION
North Metro Soccer Association (NMSA) has indicated that they would like to enter into a MOU
for the reconstruction of Hawkridge Park (Phase 1) which includes a donation from them of
$100,000. The donation as per the MOU would be required to be submitted prior to the
commencement of construction. Any extensions would need to be approved by the City Council.
For Phase 1 to begin construction and stay on schedule the donation will need to be made and the
MOU executed prior to construction. The project is schedule to begin early to mid July.
BUDGETIMPACT
The project budget is $225,000 in which $100,000 would be a donation from NMSA. The
remaining portion of the project would be funded by Park Dedication.
ACTION REQUIRED
The City Council is requested to approve the attached MOU.
Respectfully submitted,
Todd J. Haas
Attachments: Memo of Understanding & Letter from NMSA
cc: Ted Butler, Park and Recreation Commission Chair (copy sent by e -mail)
Barb Anderson, President of NMSA (copy sent by e-mail)
MEMORANDUM OF UNDERSTANDING (MOU)
Between the City of Andover and North Metro Soccer Association
This MOU is an informal agreement between the City of Andover and North Metro
Soccer Association (NMSA) regarding the $100,000 donation that will be made towards
the redevelopment/reconstruction of Phase 1 for Hawkridge Park.
The conditions of this MOU are as follows:
Section 1. It is agreed that NMSA will donate to the City in the amount of $100,000
towards the redevelopment/reconstruction of Hawkridge Park.
Section 2. It is understood that the donation will be made to the City by NMSA by July 1,
2010. Any extensions to pay up the donation after this time would need to be agreed to by
the City Council.
Section 3. It is understood by both the City and NMSA that the project construction will
begin this year (20 10) and completion of Phase 1 will be schedule for July 1, 2011. Use
of the fields for fall of 2011 will depend on if sod can be donated for each of the fields.
Otherwise the fields will be seeded and irrigated and may not be ready for use until the
year 2012.
Section 4. Phase 1 will include grading of the site including parking lots, construction of
a well, irrigation and restoration seeding and/or sodding of the site.
This memorandum of understanding is agreed to in both principle and practice and
describes in total the agreement between the City and North Metro Soccer Association
with regards to the redevelopment/reconstruction of Hawkridge Park.
City of Andover North Metro Soccer Association
Mayor
President
Date
Deputy City Clerk
Date
U North Metro Soccer Association
PO Box 250
Cedar, MN 55011
City Council, Andover
1685 Crosstown Blvd
Andover, MN 55304
Council Members:
0q-1F,
RECEIVED
APR 2 2 2010
CITY OF ANDOVER
Wednesday April 21, 2010
North Metro Soccer Association (NMSA), Board of Directors, approve incremental funding not to
exceed $100,000.00 (without requiring additional board action) to fund the well and irrigation
portions of the Hawk Ridge renovation project. Phase I is expected to be completed by December
2010 or this commitment requires new action by NMSA. If the well and irrigation is under cost the
remaining funds are to be used for other aspects of the Hawk Ridge Project. The following
commitments by the City of Andover are requested:
• The Hawk Ridge project major excavation will not interfere with the use of two soccer
fields currently setup for use with the 2010 Spring /Summer Soccer Leagues
• NMSA has the right of first use of the Hawk Ridge fields from April 1 thru October 30
annually
• Adequate parking will be provided at Hawk Ridge, per the engineering site plan dated
12/3/2009 which shows a minimum of 193 parking stalls
• In the event the City of Andover decides to remove the hockey rink from this park facility
NMSA will be informed and included on discussion of development.
• NMSA has the first right to develop and use the proposed building or buildings of Phase 3
It is our understanding that current field allocations will not be decreased on account of this project.
This is also to clarify that the previous commitment of $30,000 will be a part of this total new support.
NMSA has been serving the youth in communities across the northern suburbs for 31 years. The
organization is 100% volunteer based with consistent growth. The Board of Directors appreciates
your continued support to enable our ability to provide an opportunity for youth to participate in a
quality soccer experience that promotes positive youth development through soccer.
The City of Andover has the opportunity to recover their investment in the Hawk Ridge Project by
cost avoidance for the operational costs of trucking water to the park. North Metro Soccer
Association's investment has no cost avoidance or monetary value benefiting the community; the
value is in the quality of the "green space" enabling the NMSA Community Youth Soccer
Programming in the City of Andover.
Spring 2010, NMSA had approximately 1,950 registered youth participants with Minnesota Youth
Soccer Association, recreation and competitive participants combined. The youth who participate in
our community based soccer programs range from age 4 to age 19, both boys and girls. We are
expecting approximately 2,100 participants in 2011. NMSA is also a sponsor organization for the
National Top Soccer Organization which serves youth with disabilities.
�r
U North Metro Soccer Association
PO Box 250
Cedar, MN 55011
We continue to experience and foresee growth in our membership as the northern communities
grow. It is our desire to continue to partner with the cities in our area to provide a FUN and
meaningful community based soccer experience for our youth.
We thank you for your continued support and look forward to our ongoing relationship with renewed
energy.
Sincerely,
Barb Anderson
NMSA President
r �
(F
t�NDOVWE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and Council Members
Jim Dickinson, City Administrator <s
David D. Berkowitz, Director of Public Works /City Engineer
Approve No Parking Resolution/148 Lane NW - Engineering
June 15, 2010
INTRODUCTION
This item is in regard to approving a resolution designating no parking on both sides of 148`
Lane NW between Grouse Street NW and Jay Street NW.
DISCUSSION
Attached is a petition that has been received from the neighborhood south of Andover
Elementary requesting conditional no parking signs be place along 148` Lane NW. The attached
letter from Shannon Wagner addresses the concern of parking along 148`" Lane NW and provides
pictures. This item was presented and discussed at the May 18` City Council meeting.
ACTION REQUIRED
The City Council is requested to approve the attached resolution designating no parking on both
sides of 148` Lane NW between Grouse Street NW and Jay Street NW.
Respectfully submitted,
1E t
David D. Berkowitz
Attachments: Resolution! & Location Map's
cc: Richard & Shannon Wagner, 1735 —148` Lane NW, Andover
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
:_ ►0
A RESOLUTION DESIGNATING NO PARKING FOR BOTH SIDES OF 148 TH
LANE NW BETWEEN GROUSE STREET NW AND JAY STREET NW
WHEREAS, the City Council is cognizant of the public nuisance, traffic
hazard and congestion; and
WHEREAS, the Council believes restricting the parking in the area will be a
solution to a problem.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate the no parking zone from 8:00 am to 10:00 am and 3:00 pm
to 5:00 pm, Monday through Friday from September 1 St to June 1 St .
Adopted by the City Council of the City of Andover this 15 day of June ,
2010
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover City Council Members:
We, the undersigned, owners of real property in the following described area:
N V\ ?Ir Yf�l�V�dlV�o
Date: — Z -1 o
Do hereby petition that said portion of said area bE posted no parking {� ZK�NQ �K00 f� M�
D 0YY — E D D
WIC
SIGNATURE OF OWNER
ADDRESS
YES NO
1�3� tL18�
This petition was circulated by: tL k w— 21
Address: ( 135
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This petition was circulated by: tL k w— 21
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Richard & Shannon Wagner
1735 148' Lane NW * Andover, MN 55304 * 763 - 862 -1145
May 4, 2010
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
Dear Andover City Council Members:
Thank you for taking the time to review this petition. The following are a couple of concerns
regarding the issue of people using 148' Lane NW as their own school drop off zone:
• The street ends up being so congested, with vehicles lining both sides, that trying to pass
through becomes a challenge. It even becomes dangerous trying to back out of our own
driveways. (photo below was on a slow day)
• There have been many times where a vehicle pulls to the side to park and wait for their
child(ren) and end up blocking our driveways:
µ:
• The safety of the children is at risk. Often times these kids enter into the street without
paying any attention to the fact that there are other vehicles driving through. Parents also
stop their vehicles in the middle of the road to talk to another parent in a vehicle that is
already parked.
• The home to the east of the walking path has complaints of all these kids cutting across
her yard to reach their parents' vehicle, trampling through her hastas that line her
driveway.
The attached petition has been signed by the residents of this block who are directly affected
by all of this unnecessary traffic. We do not agree that our block should be used as a school
drop off zone and that these parents should utilize the drop off/pick up process that the school
has in place.
Thank you again for your time.
Sincerely,
z V
Shannon Wagner
1735 148' Lane NW
Andover, MN 55304
Encl: no parking petition
01
• F^
LNDOVE
it 6�
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administratc
FROM: David D. Berkowitz, Director of Public Works /City Engineer
SUBJECT: Approve Waiver to Water Hookup /09- 37/138 Avenue NW & Xavis Street
NW/Water Main Extension CDBG — Engineering
DATE: June 15, 2010
INTRODUCTION
The City Council is requested to approve a waiver to municipal water hookup related to the 138`
Avenue NW & Xavis Street NW Water Main Extension project.
DISCUSSION
A Community Development Block Grant has been awarded to the City to construct water main
along 138 Avenue NW and Xavis Street NW between Crosstown Drive NW and Bunker Lake
Boulevard NW. After the construction is complete the properties along this segment will not be
required to hookup to the public water system. If they desire to hookup they will go through a
petition process and the relevant fees will be assessed to the property.
The Minnesota Plumbing Code requires properties to hookup to the public water supply system if
it is accessible unless otherwise permitted by the administrative authority which is the City. The
City Council is requested to waive this requirement and allow each property to petition for such
connection if desired.
ACTION REQUIRED
The City Council is requested to approve a waiver to municipal water hookup related to the 138
Avenue NW & Xavis Street NW Water Main Extension project.
Respectfully submitted,
David D. Berkowitz
Attach: 2009 Minnesota Plumbing Code, Section 4715.031 ✓
2009 MINNESOTA PLUMBING CODE
Itli
4715.0300 GENERAL REGULATIONS
OF PLUMBING CONSTRUCTION.
Subpart 1. Grades of horizontal piping.
See parts 4715.2400 and 4715.2310, subpart 2.
Subp. 2. Changes of direction. See part
4715.2410.
Subp. 3. Prohibited fittings. See part
4715.2420.
Subp. 4. Protection of material. All pipes
passing under or through walls shall be protected
from breakage. All pipes passing through or in
contact with cinder, concrete, or other corrosive
material shall be protected against external
corrosion by protective coating, wrapping, or
other means that will resist such corrosion.
Subp. 5. Construction. Construction shall
be of such character as to secure fully the results
sought to be obtained in all sections of the code.
Subp. 6. Exclusion of materials
detrimental to drainage system. See parts
4715.1600 and 4715.1610.
STAT AUTH: MS s 326.37 to 326.45; 326B.43 to 326B.49
MST: 17 SR 1279;L2007c140 art 6s15; art 13s4
4715.0310 USE OF PUBLIC SEWER
AND WATER SYSTEMS REQUIRED.
If a public sewer is accessible in a street or
alley to a building or premises and the
connection is feasible, liquid wastes from any
plumbing system in that building must be
discharged into the public sewer unless
otherwise prohibited by this code or a local
ordinance.
If a public water supply system is accessible,
the water distribution system must be connected
xo it unless otherwise permitted by the
ad ministrative authority A water well taken out
of service because a person is connecting to a
public water supply must either be maintained
for a use such as irrigation, or sealed and
abandoned in accordance with the Minnesota
Water Well Construction Code. (Minnesota
Rules, chapter 4725)
If either a public sewer or water supply
system or both are not available, an individual
water supply or sewage disposal system, or both,
conforming to the published standards of the
administrative authority must be provided.
Every building must have its own
independent connection with a public or private
sewer, except that a group of buildings may be
connected to one or more manholes which are
constructed on the premises, and connected to a
public or private sewer. These manholes must
conform to the standards set by the local sewer
authority.
STAT AUTH: MS s 16B.61; 326.37 to 326.45; 326B.106;
326B.43 to 326B.49
HIST: 9 SR 1557,15 SR 76; L 2007 c 140 art 4 s 61; art 6 s 15; art
13s4
4715.0320 CONFORMANCE WITH
CODE.
Subpart 1. Scope. As provided in Minnesota
Statutes, section 32613.43, the Minnesota
Plumbing Code applies to all new plumbing
installations, including additions, extensions,
alterations, and replacements connected to a
water or sewage disposal system owned or
operated by or for a municipality, institution,
factory, office building, hotel, apartment
building, or other place of business regardless of
location or the population of the city or town in
which it is located.
Subp. 2. New buildings. All plumbing
materials and plumbing systems or parts thereof
must be installed to meet the minimum
provisions of this code.
Subp. 3. Existing buildings. In existing
buildings or premises in which plumbing
installations are to be altered, renovated, or
replaced, the new materials and work must meet
the provisions of this code. If the administrative
authority finds that the full performance of
bringing the work into compliance with all
requirements of this code would result in
exceptional or undue hardship by reason of
excessive structural or mechanical difficulty, or
impracticability, a deviation may be granted by
the administrative authority only to the extent
the deviation can be granted without
endangering the health and safety of the
occupants and the public.
STAT AUTH: MS s 16B.61; 326.37 to 326.45; 326B.106;
326B.43 to 326B.49
JUST: 15 SR 76; L 2007 c 140 art 4 s 61; art 6 s 15; art 13 s 4
11
C I T Y F
ND OV E
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Jim Dickinson, City Administratc
Michelle Hartner Deputy City Cl1...
Approve Temporary 3.2% Malt Liquor License /Andover Lions /Fun Fest
June 15, 2010
INTRODUCTION
The Andover Lions have applied for a 3.2% malt liquor license for the Fun Fest.
DISCUSSION
Each year the Lions Club sells 3.2% malt liquor during the Fun Fest, which will be held
on July 9, and 10, 2010.
They will be selling on Friday, July 9` from 6:00 p.m. until 11:00 p.m. and on Saturday,
July 10 from 10:00 a.m. until midnight.
ACTION REQUIRED
The City Council is requested to approve a temporary 3.2% malt liquor license for the
Andover Lions Club for July 9 and 10, 2010.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
Attach: Application
Ub /U2 /21JI LL: 4U Ib6innbt;Z6 k.t i , ur I iivuvGm
D 0
1685 CROSSTOWN 9OULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
COMBINATION APPLICATION FOR RETAILERS (ON -SALE) (OFF -SALE)
3.2 % MALT LIQUOR LICENSE
To the City of over, County of Anoka.
f, UNI `(� o f the City o f Ql/ 0 veA
County of __.. � hereby make application for the following
license(s): (Off -Sale) (On -Sale) established pursuant to an Ordinance passdd by the
Andover City Council.
For the past five years nV ri�pidence has been as
�v
I was born , I at
, d ,
(month -year )) tL;rty, village, or Ta"I
I am the t'e5Jey I ar of _/aG � ,,1,,
(Title, Officer) (Name of organization)
located at the following address _/� t` a/ _ iI _S
The date the organization was incorporated Z9 ZCs--�
The name and address of the officers are as follows:
/ i 4-r4 - ,
Name t f Business: I o(UroP�^ S
Business Address: A, , 7 / y�
Store Manager:
Store Phone Number; :Z& 9 - ad'& - 9 74),
CSDocumcnts and Setting.g ^gCottA.Crty_ITAU.1im -11 SettimpVrempor®ry Inlcr M Film QLKi5D13.2^1„ Msit l,lgvor.dec
Ub /UZ/ ZULU ZZ: 40 Ib5f0007L.5 �.i I r ur HIIVUVGM '"U9 Uc' uZ
I agree,'as part of this application, to furnish a list of all other persons, firms, or
corporations having an interest in the licensed organization. I will notify the City of
Andover of any change in legal ownership or beneficial Interest in such organization.
I am am not engaged in the retail sale of intoxicating liquor.
I have have not had an npplir atinn for licenses rejected previously.
I hav have not_ been convicted of a felony or of violating any national or state
liquor law or local ordinance relating to the manufacture, sale or transportation of
intoxicating liquor.
Gambling or gambling devices will not be permitted on the licensed premises.
I have no intention or agreement to transfer this license to another person.
1 agree to waive my constitutional rights against search and seizure and will freely
permit peace officers to inspect my premises and agree to the forfeiture of my license if
found to have violated the provisions of the ordinance providing for the granting of this
license.
I hereby solemnly swear that the foregoing statements are true and correct to the best
of my knowledge.
_1
Signature of Applicant Date
n
Temporary' : (3 day max.)
Cuff -Sale 3.2% Malt Liquor: $75.00
Oh -Sale 12 Malt Liquor: $200.00
Receipt## VAS. / A
Action by City Council: Approved
Denied Date:
(711)nenmmh and Setting wSenttA.Cr7Y, HALL%Locat SeXImp7cmpomcy lnbmct Files \OLKUD\32% Mniti Giquor.doe
1.
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clef
SUBJECT: Adopt Resolution Setting Annual Income Level for Senior Citizen and
Disabled Individuals for Deferral of Assessments & Reduced Sanitary
Sewer Rates
DATE: June 15, 2010
INTRODUCTION
The City offers deferral of assessments and reduced sanitary sewer rates for senior
citizens and disabled individuals.
DISCUSSION
The annual income has been $29,350 for senior citizens and $44,800 for disabled
individuals since 2009 and should be increased according to the Federal Rent Assistance
for Section 8 Housing. That figure is now $29,400 for senior citizens and $45,100 for
disabled individuals.
ACTION REQUIRED
The City Council is requested to adopt the attached resolution setting the annual income
at $29,400 for senior citizen and $45,100 for disabled individuals for deferral of special
assessments and reduced sanitary sewer rates.
�Respectfully submitted,
r �l
Michelle Hartner
Deputy City Clerk
Attach: Resolution
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR
CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OF SPECIAL
ASSESSMENTS AND SANITARY SEWER RATES.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
Annual Income Level for Special Senior Citizen
Deferral of Special Assessments and Reduced
Sanitary Sewer Rates $29,400.00 (Not to Exceed)
Annual Income Level for Disabled
Individuals of Special Assessments and
Reduced Sanitary Sewer Rates $45,100.00 (Not to Exceed)
Adopted by the City Council of the City of Andover this 15 day of June, 2010.
CITY OF ANDOVER
Attest:
Michael R. Gamache — Mayor
Michelle Hartner — Deputy City Clerk
ANLb 6 V 9
j01
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator / Finance Din
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Accept Contribution / CenterPoint Energy / Andover Fire Department
DATE: June 15, 2010
INTRODUCTION
This item is in regards to approving a resolution accepting a contribution made by CenterPoint Energy to
be used towards the purchase of pagers for the Andover Fire Department.
DISCUSSION
CenterPoint Energy has made a one- time ontribution of $1,000.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the contribution.
Respectfully submitted,
Lee Brezinka
Attachments: Resolution
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE USED TOWARDS THE PURCHASE OF PAGERS FOR THE ANDOVER FIRE
DEPARTMENT.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from CenterPoint Energy of $1,000 is to be used
towards the purchase of pagers for the Andover Fire Department.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to be used towards the purchase of pagers for the Andover Fire
Department.
MOTION seconded by Councilmember
and adopted by the City
Council at a regular meeting this 15th day of June 2010, with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
NDOVE ^
NLf
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator/ Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Declare Surplus Equipment
DATE: June 15, 2010
INTRODUCTION
The Finance Department is requesting City Council's approval to declare the following list of equipment as
surplus property and to authorize the sale of these items through a State of Minnesota authorized process.
• Panelview 1000 Operator Terminals (2)
• Panelview 900 Operator Terminal
• Penta -Drive DC Motor Speed Controls for SP -10 and SP -15 pumps (4)
DISCUSSION
These items no longer in use, outdated, and /or have been replaced and no longer needed by staff.
BUDGET IMPACT
The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future
purchases and/or operations.
ACTION REQUESTED
Staff is recommending that the City Council declare all items as surplus property and authorize the sale
through a State of Minnesota authorized process.
Respectfully submitted,
n
Lee Brezinka
C Lb Y 6
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.0 LAN DOVER. MN. US
TO: Mayor and Councilmembers l
- A CC: Jim Dickinson, City Administrator
FROM: Captain Tom Wells — Anoka County Sheriff's Office
SUBJECT: Anoka County Sheriffs Department Monthly Report - Sheriff
DATE: June 15, 2010
INTRODUCTION
Captain Tom Wells & Crime Watch Coordinator Laura Landes from the Anoka County Sheriffs
Office will be present to provide the Council and the citizens of Andover with an update on law
enforcement activities within the City. '
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
Captain Tom Wells
Anoka County Sheriff's Office
y � C I T Y O F �•
ND OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100
FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Develop Director wlc —
FROM: Courtney Bednarz, City Planneo
SUBJECT: Consider Conditional Use Permit/Substation Expansion/1635 and 1657 Bunker Lake
Blvd. NW - Planning
DATE: June 15, 2010
INTRODUCTION
Great River Energy and Connexus Energy are proposing to expand the existing substation and
provide additional site improvements. Public utility improvements outside of the public right -of-
way require a Conditional Use Permit.
DISCUSSION
A letter describing the scope and need for the project (pages 8 -10) and a plan set (pages 21 -28)
are attached. A brief summary of the proposed improvements is provided below:
1. Addition of distribution substation, switch structure at north end of the existing substation
2. Replacement of breakers, switches and transformer
3. Installation of two 100 foot tall shield poles (lightning rods)
4. Expansion of fence along the north side of the substation
5. Relocation of access from Bunker Lake Boulevard (south) to 138 Avenue NW (west).
6. Construction of internal drive lane improvements
7. Providing additional screening and landscaping of the site
Review Criteria
12 -14 -6 B. provides the following general criteria for granting conditional use permits:
1. In granting a Conditional Use Permit, the City Council shall consider the
advice and recommendation of the Planning Commission and:
a. The effect of the proposed use upon the health, safety, morals
and general welfare of occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking
facilities on adjacent streets and land.
c. The effect on values of property and scenic views in the
surrounding area, and the effect of the proposed use on the
Comprehensive Plan.
New Distribution Substation
This installation is best represented on the attached layout and side elevation drawings (pages 23-
26). The substation itself is contained within an approximately 14.5 by 38 foot prefabricated
building. Additional equipment will need to be installed to connect with the existing substation
as shown on the plans.
Landscaping Plan
The attached landscaping plan (page 28) shows the locations of landscaping that was planted last
year (in black and white) as well as additional landscaping that is proposed as a part of the
current project (in color). A location map near the bottom center of the landscaping plan shows
where the various planting areas are located around the site. When comparing area 2 on the
landscaping plan with the grading plan you can see an area of existing gravel that is proposed to
be replaced with seed and landscaping.
The Planning Commission recommended that irrigation be added to the south side of the
substation to improve the survival rate of seed and plantings in that area of the site. Great River
Energy has provided an additional letter to address this item (page 20).
Fence Adjustments
The existing fence will be expanded to the north to allow the addition of the new distribution
substation and associated site improvements. As indicated in the applicant's letter (pages 8 -10),
the fence along Hanson Boulevard is located on the property line. The Anoka County Highway
Department would like to avoid planting in the right -of -way. Winter salt spray would also have a
negative effect on plantings close to the county road. The applicant's proposal is to provide
fence slats along the north and most of the east side of the fence.
The southeast corner does not currently show slats as can be viewed between the proposed
landscaping on the attached views of the site (page 17). The one inch chain link style of fence
and animal prevention panel at the top of this fence is different than the rest of the fencing on the
site. The applicant is continuing to investigate the potential for slats to be added to the rest of the
east and south sides of the fence. A description of the fence slats is provided in the attachments.
Green is the color shown on the plan set. However, a number of different colors are available if
the Council has another preference.
Additionally, a screening wall was discussed as an alternative to the chain link fence with slats at
the Planning Commission meeting. A photograph of an Xcel Energy installation in Apple Valley
where a wall was added with expansion of that site several years ago is attached (page 20).
Driveway Relocation/Drive Lane Improvements
The applicant is seeking to relocate the existing driveway from Bunker Lake Boulevard to 138
Avenue NW to provide safer and more functional access to the site. The applicant is also
proposing to gate the new access to provide clear definition between the public street and their
site. A permit from the Anoka County Highway Department will be necessary to work within
their right -of -way to close the existing access.
The applicant intends to pave the new drive lane and provide a gravel area under and around the
new distribution substation as shown on the attached grading plan (page 22). They are also
requesting a variance to City Code 12 -13 -8 D. 9. to waive curbing requirements as indicated in
the attached letter. Findings for the variance inc lude the size, weight and turning movements of
the vehicles needed to operate and maintain the site and the fact that the site is not a typical
parking area as the City Code intends to regulate. Staff feels this is a reasonable request and
recommends approval of the variance.
Planning Commission Recommendation
The Commission recommended approval of the request with a 3 -1 vote (three members were
absent). The motion also recommended approval of the variance to curbing requirements and
requested the addition of irrigation for the landscaped area along the south side of the site. The
Commissioner voting against the proposal requested that a brick or otherwise opaque solid wall
should be provided to provide more permanent screening of the site. The attached resolution
(pages 4 -6) has been modified to reflect the Planning Commission's recommendation.
ACTION REQUESTED
The Council is asked to approve or deny the conditional use permit amendment, including the
proposed variance to curbing requirements and any other details the Council may choose to
consider.
Attachments
Resolution
Location Map
Aerial Photograph
Applicant's Letter
Applicant's Letter - Irrigation
Fence Slat Information
Proposed Substation Photographs
Views of the Site
Planning Commission Minutes
Screening Wall - Xcel Energy Substation - Apple Valley
Plan Set
• Site Plan
• Grading Plan
• Electrical Layout
• Side Elevations
• Lightning Protection Plan
• Landscaping Plan
Cc: Rick Heuring Great River Energy 12300 Elm Creek Boulevard Maple Grove, MN 55369
Mike Felber Connexus Energy 14601 Ramsey Boulevard Ramsey, MN 55303
3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT
REQUEST FOR EXPANSION OF THE GREAT RIVER ENERGY AND CONNEXUS
ENERGY ELECTRICAL SUBSTATION LOCATED AT 1635 AND 1657 BUNKER LAKE
BOULEVARD NW LEGALLY DESCRIBED IN EXHIBIT A
WHEREAS, Great River Energy and Connexus Energy have requested a conditional use permit
amendment for the expansion of the existing electrical substation on the subject property, and;
WHEREAS, Great River Energy and Connexus Energy have requested a variance to City Code
12 -13 -8 D. 9. to eliminate curbing requirements for the proposed drive lane improvements, and;
WHEREAS, the Planning Commission held a public hearing pursuant to the requirements of City Code
12 -14 -8, and;
WHEREAS, the Planning Commission finds the conditional use permit amendment request
would not have a detrimental effect upon the health, safety, morals, and general welfare of the
City of Andover and recommends to the City Council approval of the conditional use permit
amendment; and
WHEREAS, the City Council finds that the following conditions constitute an undue hardship
for the subject property:
1. The size, weight and turning movements of the vehicles needed to operate and maintain
the site may conflict with and cause damage to curb along the drive lanes.
2. The site is not a typical parking area as the curbing requirements of the City Code are
intended to regulate.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves /denies the proposed
conditional use permit for expansion of the electrical substation, subject to the following:
1) The project shall conform to the plans stamped received by the City of Andover May
18, 2010.
2) The applicant shall obtain approval of a commercial site plan from the city.
3) The applicant shall obtain a building permit for the foundations of the proposed
substation and shield poles.
4) The applicant shall obtain permits from the Anoka County Highway Department and
Coon Creek Watershed District as required to implement the proposed project.
5) The cost of modifying 138 Avenue NW to provide an access to the subject property
shall be the responsibility of the applicant.
6) A variance to waive the curbing requirement of City Code 12 -13 -8 D. for the
proposed drive lane improvements is granted.
7) The applicant shall provide irrigation for the landscaped area along the south side of
the site.
8) The Conditional Use Permit shall be su ject to a sunset clause as defined in City
Code 12 -14 -6.
Adopted by the City Council of the City of Andover on this _"' day of 1 2010
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Michelle Hartner, Deputy City Clerk
EXHIBIT A
Resolution R
Legal Description
Bunker Lake 69 kV Substation Site (formerly R -46): A certain tract of land described
in Warranty Deed #297105, dated April 19, 1967, by Carl E. Sorensen and Catherine M.
Sorensen, husband and wife; Harold Rubin and Elaine Rubin, husband and wife; Richard
Kleven and Janice Kleven, husband and wife, all as grantors, to The Rural Cooperative
Power Association, as grantee, and recorded in the Office of the Register of Deeds, in
Deed Book 747, on Page 293.
Legal Description: The South 250 feet of the East 250 feet of the Southeast quarter of the
Northeast quarter (SE 1/4 of the NE 1/4) of Section 34, Township 32, Range 24,
according to the Government Survey thereof.
Bunker Lake 230 kV Substation (formerly R -47): A certain tract of land described in
Warranty Deed 4479045, dated September 21, 1977, by Calvin E. Jellison and Loraine G.
Jellison, husband and wife, as grantors, to United Power Association, as grantee, and
recorded in the Office of the County Recorder on September 27, 1977.
Legal Description: The East 600 feet of the Southeast quarter of the Northeast quarter
(SE 1/4 of the NE 1/4), Section 34, Township 32, Range 24, according to the
Government Survey thereof, excepting therefrom the South 250 feet of the East 250 feet
thereof, subj ect to easements of record.
&b 6q
Incorporated
1974
Conditional Use Permit
Great River Energy / Connexus Energy
Substation Expansion
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Substation Aerial Photograph
March 30, 2008
A
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GREAT RIVER
ENERGY®
12300 Elm Creek Boulevard • Maple Grove, Minnesota 55369 -4718 • 763 -445 -5000 • Fax 763- 445 -5050 • www.GreatRiverEnergy.com
May 18, 2010
TO: HONORABLE MAYOR, CITY COUNCIL & PLANNING COMMISSION
APPLICATION: CONDITIONAL USE PERMIT
APPLICANTS: GREAT RIVER ENRGY AND CONNEXUS ENERGY
LOCATION: BUNKER LAKE BULK AND DISTRIBUTION SUBSTATION
Great River Energy and Connexus Energy respectfully submit this Conditional Use Permit
application for the purposes of modify the existing Great River Energy Bunker Lake bulk
substation facility and for the addition of a new Connexus Energy distribution substation to
be situated along the northwesterly corner of the existing bulk substation facility. Included
with this application are plans and drawings that provide details of the location of the
proposed addition and modifications. The plans also illustrate some of the visual elements
of the existing facility as well as the proposed substation modifications and addition.
In addition to the substation improvements described above, Great River Energy requests
to modify the point of access to the facility by constructing a new driveway connecting to
138 Avenue which currently terminates at the west property line of this facility. Following
the recent Hanson Boulevard and Bunker Lake Boulevard improvement project by Anoka
County, along with the addition of the concrete center median, we find the existing driveway
along Bunker Lake Boulevard does not provide sufficient width and does not allow for the
necessary large turning movements when transporting substation transformers or other
heavy equipment transported on long trailers. A new driveway entrance connecting to 138
Avenue would remedy this problem as well as avoiding the potentially dangerous and
problematic traffic delays when transporting large loads to and from the substation facility. If
approved and once constructed, the existing access driveway along Bunker Lake Boulevard
would be abandoned and removed by Great River Energy and the area properly restored to
County and City standards. Great River Energy proposes to provide asphalt surfacing on
the new driveway, but further requests an exemption from installing concrete curb and
gutter. Our experience shows that concrete curbs can cause problems with the large trucks
and multiple -axle trailers making complex maneuvers and turning movements that can
cause damage to tires as well as the curb and gutter. It is our opinion that the primary
driveway can consist of asphalt pavement with the surface runoff designed to drain to the
areas located adjacent to the driveway and allowed to percolate into the course native soil.
For security purposes, Great River Energy proposes to install a locked swinging gate on the
new driveway near its connection with 138 Avenue. The locked security gate is needed to
discourage the public from trespassing into the substation property, as copper thefts and
other acts of vandalism have become more common in recent years.
A Touchstone Energy Cooperative
Contains 100 % post consumer waste
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The final element of this application involves the issue of visually screening the facility.
Great River Energy has made inquiries to Anoka Co. Hwy. Dept. pertaining to vegetative
plantings along Hanson Blvd. It should be noted that most of the easterly segment of the
facility fence is situated directly over the westerly right of way line of Hanson Blvd.
Consequently, there is no reasonable way to screen the easterly side of the facility by way
of vegetative plantings. For this reason, Great River Energy is proposing the install fence
slats along the east side of the facility as this does not interfere with the safety and integrity
of the high voltage facility, nor does it interfere with the new bituminous trail located in the
grass boulevard along the west side of Hanson Blvd. Great River Energy and Connexus
Energy are also proposing to plant and establish trees and shrubs on the north, south and
southwest sides of the facility as shown on the enclosed Landscaping Plan.
CONNEXUS DISTRIBUTION SUB ADDITION
The existing distribution substation transformer at Bunker Lake is fully loaded. In order to
meet the increasing electric demand and future growth within the City as well as increasing
the ability to serve this and surrounding areas in emergency situations, additional capacity
as well as additional feeders are required. The existing distribution substation located at the
south side of the larger bulk substation facility is small and essentially has no available
space for adding more infrastructure. To insure there is sufficient electric capacity available
during emergency situations and to provide reliable electric service during the summer peak
electric load, the best location for additional distribution facilities should be connected
directly to Great River Energy's transmission bus which is located approximately 700 feet
north of the existing distribution substation.
Further, the proposed distribution substation design includes placing of the switchgear bus
inside a metal enclosure. This consists of a 14 foot by 40 foot enclosure that houses the
distribution bus, feeder breakers and accessory equipment. This design improves reliability
and electrical performance as well as packaging a major portion of the substation
equipment. Enclosing the distribution equipment also provides a more esthetically pleasing
facility.
GREAT RIVER ENERGY BULK SUBSTATION MODIFICATIONS
With the addition of the Connexus distribution substation on the north end of the existing
bulk substation, Great River Energy will need to mount a switch structure to connect to the
Great River Energy owned 69kV ring bus. The switch structure makes possible the
connection with the new Connexus distribution substation.
Great River Energy also proposes to add two 100 foot tall shield poles. One of the poles
will be mounted approx. 45 feet east of the proposed Great River Energy switch structure
described above. The second shield pole is proposed to be located 122 feet southerly of
the first proposed shield pole. The purpose of these two new shield poles is to protect both
the Great River Energy and Connexus owned equipment in the event of a lightning strike.
The existing shielding protection system is inadequate to protect the 69kV ring bus from
i
lightning strikes and has been a reliability issue for quite some time. The first shield pole
being located in the northern segment of the bulk substation will also provide necessary
lightening protection of the new Connexus distribution transformer.
Along with the work described above, Great River Energy intends to perform maintenance
upgrades on its 69 kilovolt (kV) ring bus. This includes replacing all four 69 kV breakers
with higher rated breakers in the same locations, replacing nine 69 kV switches with similar
switches in the same locations, and replacing the existing 230 -69 kV transformer with a new
230 -69 kV transformer. In analyzing the 230 -69 kV transformer replacement, Great River
Energy determined the existing access on Bunker Lake Blvd. is inadequate. For this reason
Great River Energy is proposing to construct the new access driveway connection to 138
Avenue and located at the west property line of the substation, as described above.
Below is a list of drawings and materials included with the application.
Great River Energy Drawings
S030 -04D sh. 10 — Electrical Layout of Bank #2 expansion & Shield Pole Top View
S030 -10D sh. 1 — Plot Plan
S030 -33D sh. 1 — Lightning Protection
S030 -40D sh. 2 — Grading Plan
S030 -41 D sh. 1 — Landscaping Plan
Example of the Fence Slats
Legal Descriptions of Property
Connexus Energy Drawings
SA13 -04D — Electrical Layout of Bank #2 expansion & sectional view
Bunker Lake Switchgear Building — Plan View
Respectfully submitted,
'lam
Ri k Heuring, SRAN�A
Sr. Field Representati
Great River Energy
Greg ch tte, P.E:'
Subs n Engineer
Great River Energy
Mike Felber, P.E.
Substation Engineer
Connexus Energy
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GREAT RIVER
ENERGY'
12300 Elm Creek Boulevard • maple Grove, Minnesota 5536974713 • 763 -44S -5000 • Fax 763 -.145 -5050 • %Ymv.GreatRiverFnergy.com
June 9, 2010
TO: HONORABLE MAYOR AND CITY COUNCIL
SUBJECT: CONDITIONAL USE PERMIT AMENDMENT (10 -07)
APPLICANTS: GREAT RIVER ENERGY AND CONNEXUS ENERGY
LOCATION: BUNKER LAKE BULK AND DISTRIBUTION SUBSTATION
At the City of Andover Planning Commission meeting held on Tuesday, June 8 the
Planning Commission members recommended for approval the subject Conditional Use
Permit Amendment. In making its recommendation for approval, the Planning
Commission added a condition which would require the applicants to provide an
irrigation system to promote successful establishment and growth of the proposed
vegetative screening to be located at the south end of the substation facility.
The applicants respectfully request the Mayor and City Council to evaluate further the
irrigation requirement and waive it as a condition to the permit. In discussing the
availability of municipal water with the City Engineer this morning, it appears a
dedicated water service line has never been extended into this property since it is a
facility that would only require municipal water in very unique circumstances. In order to
install a dedicated water service line to this property, the municipal water main along
Bunker Lake Boulevard or 138 Street would have to be exposed to facilitate tapping a
service line to the municipal water main. We contend this comes at a cost that may not
be justified by its purpose. Furthermore, all of the associated back -flow valves, water
meters, and other related equipment would essentially be exposed to the elements, thus
making it vulnerable to freezing and possible vandalism. This facility is essentially
unmanned at all times, so any leaks, equipment failures or vandalism could go
undetected for days or weeks. Annual maintenance costs of such a system would be
unreasonably high for Great River Energy, particularly given its susceptibility to
problems resulting from the absence of employees working on site.
As a trade -off for waiving the irrigation requirement, Great River Energy proposes a
permit condition whereby we are required to provide manual watering of the new trees
and shrubs on a regular or as- needed basis until they become firmly established. We
also offer to replace all weak, diseased, or dead trees for a minimum period of two
years from the date of initial planting.
A TUUCI7S(One Energy' Cooperative Contains 100% post consumer waste
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When considering the scope of work that would need to be done just to provide a water
service to the property, and the relative limited need for municipal water only during the
warm growing season, we believe the irrigation requirement is not a cost - effective
means of promoting or insuring a higher survival rate of the trees and shrubs. Great
River Energy hereby offers to be held responsible for successful plant establishment
and survival by means of manual watering and proper plant care and management
techniques.
Attached please find a photo that demonstrates very healthy vegetative screening that
was established several years ago at a substation located in Ham Lake where soil
conditions are very similar to those found at the Bunker Lake substation. The trees and
shrubs shown in the photo were established and are continuously maintained without
the benefit of an irrigation system.
We sincerely appreciate your consideration in our request to waive the irrigation
requirement for this permit.
Respectfully submitted,
Rick Heuring, SR/W
Sr. Field Representative
Great River Energy
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The Bottom -lock slat provides an economical and attractive way to enhance
any chain link fence. Filtrona Extrusion is the largest manufacturer of
Bottom lock, which are marketed under the PDS° brand name. With over
25 years of experience extruding this product and an exclusive, patented,
locking design, you can be assured of the highest standards in quality
- from the raw materials used in manufacturing to the finished product in
your fence.
DESIGN: Bottom -Lock Slats are flat tubular in shape, with
reinforced "legs" inside for extra durability. Our patented,
locking channel provides a "snap -in" locking effect for
security and to deter vandalism.
j f STANDARD HEIGHTS: 4, 5, 6, 7, 8,10 and 12 feet. Special
heights available upon requests.
!i WIND LOAD AND PRIVACY FACTOR: Approximately 75 %.
!i SLAT LENGTH: 3 shorter than overall height of fence.
Ask for details about the 25 -year warranty.
white '_ ' 0 %
green
brown
black
beige
gray
redwood
Exact representation of slat
colors in printing is difficult. roya b I u e
Please refer to actual color light blue
samplesfor final matching. g
Covered by one or more of the fallowing patents.
US POW 4,725,044 / 5,165,664 /5,234,199/ 4,995,591
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�FENCE
PRODUCTS
Filtrona Extrusion (East) Filtrona Extrusion (West)
P.O. Box 370 3110 70th Ave. E.
Athol, MA 01331 Tacoma, WA 98424
1.800.755.7528 1.800.822.7528
www.pdsfence.com
patented products from = AMRUSiam
FENCE PRODUCTS SPECIFICATIONS
BO .
SLAT TYPE SLATWIDTH MESH SIZE WIRE GAUGE SLATS PER BAG APPROX. (OVERAGE PER BAG
BOTTOM r OR 11 82 10 LINEAR FEET
BOTTOM LOCK 2'/+" 1 /e 2 11' /,OR 11 18
BOTTOM LOCK 1 '/P 7 4" 1'4" & 2 6, 9 OR 11 91
10 LINEAR FEET
10 LINEAR FEET
MATERIALS
The Bottom Lock product is extruded from High Density Polyethylene
(HOPE), color pigments and ultra violet (UV) inhibitors, specifically designed
to retard the harmful effects of the sun and lengthen the life of the product.
DURABILITY Density
PDS° HOPE Fence Products are resistant to: severe weather conditions, salt
water, sand, road dirt, most acids, alcohol, alkaline, ammonia, petroleum
distillates, and common environmental pollutants.
Maximum
MAINTENANCE
Pressure cleaning of surface contaminants is quickly accomplished with
plain water.
WINDLOAD DISCLAIMER
Filtrona will not be responsible for fence damage resulting from wind load
conditions due to insufficient structural support.
Insert rail horizontally in first full diamond at
bottom of fence with open side facing up.
Step 2
(.951) Polyethylene ranges anywhere from .914 to .960 in density.
A higher density yields maximum stiffness without becoming overly brittle.
(250 F) Polyethylene does not distort until
LIMITED WARRANTY
Bottom Lock carries a 25 -year, pro -rata warranty against breakage under
normal conditions. Write Filtrona Extrusion for full warranty information.
Step 3
Insert vertical slats with beveled/ Push the vertical slat into
notched end downward. Slat engages the horizontal channel to
and interlocks with bottom rail. Lock -In Place.
Complete
(ontoct your local fence professional for more information about our complete line of enhancement products.
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Enjoy a beautiful fence that was simple to install.
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Proposed Substation Photographs
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C I T Y O F I�
ND OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 - 8923- WWW.CLAN DOVER. MN. US
TO: Mayor and
CC:
FROM:
SUBJECT:
DATE:
Jim Dickinson, City Administrate
Will Neumeister, Community Development Director
Courtney Bednarz, City Plann+
Consider Changes to City Code 5 -4 Weapons/Hunting Regulations - Planning
June 15, 2010
INTRODUCTION
Several issues with the current hunting regulations were identified during the 2009 deer season.
The Council requested a public hearing process to review hunting regulations.
DISCUSSION
Background
A list of discussion items was generated based on feedback from hunters, property owners and
the DNR, as well as from the Council work sessions and public hearings held by the Planning
Commission. The Planning Commission's recommendation is included in the discussion of each
item.
Important Note: Several provisions of this ordinance regulate hunting by the size of the
property. Recent Council discussions on this topic have focused on properties that are
fractionally above or below an acreage requirement. A map is attached on page 15 to show
parcel sizes throughout the city. If the Council is interested in incorporating some
language on this topic in the ordinance amendment it will need to be added to the attached
draft ordinance.
1. Clarification of Hunting Zones
Currently the City Code has two identically named `Restricted Zones'. No clarification is
provided in the ordinance text and the map contains different regulations for each of these zones.
The Planning Commission recommended that the ordinance text contain all of the hunting
regulations and that the map provide distinctly named zones for ease of reference. A map
comparing the existing and proposed hunting zones and a draft ordinance amendment containing
all of the regulations are attached on pages 11 and 6.
2. Revision of Zone Boundaries
The boundaries have been adjusted several times since the first hand drawn map was introduced
in 1982. In 2000, the restricted zone was divided into two parts to provide the additional
restrictions for deer hunting in the southerly area that exist today. Recent urban developments
have encroached into both restricted zones. The Planning Commission recommended that the
zone boundaries be modified to remove these developments from the hunting zones. The hunting
map on page 11 compares the existing and proposed hunting zone boundaries.
3. Updating of Definitions
An Andover resident provided the draft ordinance in the blue covered packet on pages 22 -24 to
be of assistance in this process. The first suggestions (shown in red) come in the definitions
section where modern forms of bows are added to the definition of bow and muzzleloader is
added to the definition of rifle.
The Planning Commission agreed with the modifications to the definition of bow but did not
want to include muzzleloader in the definition of rifle. As the minutes describe, muzzleloaders
and rifles are regulated differently by the DNR and the Commission did not want to conflict with
those regulations.
4. Minimum Parcel Size for Hunting with Shotguns
Currently ten acres is the minimum parcel size for hunting with shotguns in the northerly
restricted zone as well as for hunting geese in the southerly restricted zone. Forty acres is the
minimum parcel size for hunting deer with shotguns in the southerly restricted zone. The
Planning Commission recommended no changes to these requirements although two
commissioners were in favor of increasing the minimum parcel size to twenty acres. The
following information was reviewed by the Commission:
A. The testimony from hunters at the April 13 and May 11 public hearings. The
comments indicated that any problems were violations of the existing regulations and
increasing the parcel size would not solve them (minutes attached on pages 1 -14 of the
blue covered packet.
B. Three maps are attached on pages 11 -13 to show how the minimum parcel size
and minimum firing distances combine to restrict hunting in the city.
C. A newspaper article provided by an Andover resident is attached on pages 18 -20
to show maximum range under perfect conditions. The draft ordinance provided by the
resident suggests that 40 acres be the minimum parcel size for hunting deer with a
shotgun throughout the city.
D. It should also be noted that a resident pointed out that staff had spoken with a
majority of property owners with large tracts of land. While these owners indicated ten
acres seemed too small to hunt with a shotgun, a change in this regulation would not
affect them. It would affect those on properties at ten acres or slightly larger properties.
E. A letter received prior to the May I I' meeting from an Andover resident
describing their concerns related to hunting.
5. Minimum Firing Distance from Residences for Shotguns in Both Restricted Zones
City Code 5 -4 -1 C. presently requires a minimum firing distance of 500 feet from residences for
firearms in all hunting areas. DNR regulations stipulate 500 feet from buildings or corrals
occupied by humans or livestock.
For deer hunting in the southerly restricted zone, City Code 5 -4 -1E. increases the required
distance to 1,320 feet (1/4 mile) from any residential development, park or institutional use.
L
The draft ordinance amendment submitted by an Andover resident suggested this 1 /4 mile
regulation apply to deer hunting in all hunting areas. He also suggested a minimum distance of
500 feet from any roadway for goose hunting with shotguns.
The Planning Commission recommended no changes to the minimum required firing distances.
The fact that both the city and DNR currently have a 500 foot minimum distance was the basis
for this recommendation.
6. Minimum Parcel Size for Hunting with Bows in Restricted Zones
Currently 2.5 acres is the minimum parcel size for hunting with bows in the restricted zones. No
hunting with bows is allowed in the prohibited zone. A group of residents in the Barnes Rolling
Oaks neighborhood has asked to be able to hunt on their 2.5 acre properties. Under the current
regulations hunting in this area of the city would only be allowed with a special exemption
approved by the City Council.
The Commission recommended that bow hunting be allowed on all properties in the city with a
minimum of 2.5 acres. Two members also expressed that some additional regulation may be
necessary for rural lots adjacent to urban neighborhoods.
This is the most substantial change recommended by the Commission. By looking at the
attached map on page 15, the Council will be able to see the areas where 2.5 acre or larger
properties exist and where they are located adjacent to urban neighborhoods.
7. Minimum Firing Distance From Residences for Bows
City Code 5 -4 -1 C. presently requires a minimum firing distance of 150 feet from residences for
bows. While arrows can travel significantly further than this distance, this type of hunting is
usually done from an elevated position with discharges directed toward the ground.
Additionally, few hunters would attempt to fire at a target more than 40 yards away. The
Commission recommended no change to the minimum firing distance for bows, although two
commissioners were in favor of increasing the distance to 300 feet.
8. Prohibited Zone
Some of the input that has been received centers on whether some hunting should be allowed on
larger parcels in the prohibited zone. In one case a farm has issues with geese and some
management of their population is needed. Staff suggested that hunting in the prohibited zone be
allowed only under the exemption allowed by approval of the Council under City Code 5 -4 F. 2.
As mentioned above, the Commission recommended expanding the area where bow hunting is
allowed to all properties in the city with 2.5 acres or larger properties. No changes were
proposed to the area where hunting with a firearm is allowed.
9. City Permit for Deer Hunting
The City Code currently requires a city permit to hunt deer in the southerly restricted zone and
limits who can hunt deer to property owners and immediate family members. This requirement
was added to the City Code in 2000 in response to an issue discussed in the August 15, 2000
minutes attached on pages 15 -18 of the blue covered attachment. Most residents staff spoke with
favor a city permit requirement for deer hunting and encouraged it to be expanded to include all
areas where deer hunting is allowed in the city.
3
Those in favor of requiring a permit for deer hunting indicate that it allows the city to keep track
of who is hunting and ensures each hunter will get a copy of the regulations and map. Those
opposed to this requirement felt property owners should know who is hunting on their land and
call the sheriff's office if there are trespassers. Since this regulation was established in 2000, the
city has issued one or two permits each year for the southerly restricted zone.
The Commission recommended that the permit requirement be eliminated as practice has shown
it to not be an effective tool in regulating deer hunting.
10. Immediate Family Restriction for Deer Hunting with Shotguns in the Southerly
Restricted Zone
Some input has been received that this provision is too restrictive. Please note that bow hunting
of deer and hunting of geese in the southern restricted zone does not carry this same restriction.
The only type of hunting that is limited to property owners and immediate family members in the
southerly restricted zone is deer hunting with a shotgun. The Planning Commission discussed the
fact that deer population needs to be controlled and landowners and family members may not
wish to or be able to hunt. The Commission recommended that this restriction be eliminated.
11. Written Permission from 50% of Surrounding Landowners for Deer Hunting in the
Southerly Restricted Zone
In addition to other requirements specific to deer hunting in the southerly restricted zone, the
City Code also requires written permission from at least 50% of the surrounding landowners.
The Commission recommended removing this restriction based on the minimum parcel size and
firing distances already in place.
12. Council Exemption and DNR Support
The current ordinance gives the Council the authority to allow special hunts. However, the
provision includes a requirement for these hunts receive support from the DNR. In speaking
with the DNR wildlife management office, they indicated that the DNR supports any hunting
consistent with state law and would rather not be involved in the enforcement of local
ordinances. The Commission recommended the reference to the DNR be changed to require
compliance with state regulations.
Additionally, the DNR expressed concern that the area proposed to be purchased by Anoka
County with state funding in the northwestern part of the city remain open to hunting. The
current and draft ordinances allow hunting with a bow and firearm on these large parcels. The
Planning Commission discussed the possibility that the purchase may not occur, that there is
currently no conflict with the code and recommended that no changes be made related to this
item. In the event the county purchases the property City Code 5 -4 -1 C.2. would prohibit
hunting on this county property unless an exemption is approved by the Council or a separate
provision is added.
ADDITIONAL INFORMATION
Anoka County Sheriffs Office
The Sheriff's Office indicated that there have been four complaints related to hunting over the
last two years. Two of the complaints involved goose hunting on Round Lake. One citation was
y
issued. A third complaint involved shooting of squirrels immediately north of 157' Avenue
NW. No citation was issued. The fourth complaint involved a report of shots fired in the
northwest corner of the city in an area of less than 10 acre lots. No one was found in the
subsequent search.
ACTION REQUESTED
The Council is asked to review the information provided and determine if the draft ordinance
amendment on pages 6 -9 should be approved, modified or discussed further. If the Council
approves an ordinance amendment, please approve the summary ordinance as well so that it can
be published in the newspaper.
Attachments
Draft Ordinance Amendment
Summary Ordinance
Hunting Map
Map 1 - Prohibited Discharges Restricted Zone North
Map 2 - Prohibited Discharges — Deer Hunting - Restricted Zone South
Map 3 - Prohibited Discharges — Goose Hunting - Restricted Zone South
Map 4 - Parcel Sizes
Separate Attachment Packet (Blue Cover)
Planning Commission Minutes
August 15, 2000 Council Minutes
Article Provided by Resident
Draft Ordinance Provided by Resident
Letter Provided by Resident
Petition, Voluntary Rules and Map for Bow Hunting in Barnes Rolling Oaks
Summary of Other Cities Regulations
Sri
S
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TO UPDATE HUNTING REGULATIONS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 5: POLICE REGULATIONS
CHAPTER 4: WEAPONS
SECTION:
5 -4 -1: DISCHARGE OF WEAPONS:
A. Definitions: The following definitions shall apply in the interpretation and
enforcement of this section:
BOW: All long composite or compound bows used for target and hunting purposes as
regulated and defined by Minnesota Statutes Chapter 97B.
FIREARM: Shotguns and pellet weapons, whether CO2 or pneumatic powered.
HANDGUN: A hand held weapon with a rifled barrel and discharging a single shot or pellet at a
time.
RIFLE: A shoulder weapon with a long bored barrel or barrels and discharging a single shot or
pellet at a time.
SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels and normally discharging
more than one pellet at a time, except when using a single slug. (Amended Ord. 240, 10 -6 -1998,
eff. 1 -1 -1999; amd. 2003 Code)
B. Compliance With Provisions: No person shall discharge at any time a firearm or bow upon or
onto any land or property within the city except as provided by this section.
C. Prohibited Discharges:
—`v
1. No person shall discharge a firearm within five hundred feet (500') of any residence or a bow
within one hundred fifty feet (150') of any residence.
2. No person shall discharge a firearm or bow on public property owned or operated by the city,
county, state or school district.
3. The discharge of a rifle or handgun utilizing a solid projectile shall not be allowed within the
city.
D. Permitted Discharges; Restrictions:
1. Written permission by the property owner shall be given to any person prior to the discharge
of a firearm or bow on his/her property.
2. When recreational target shooting is conducted, the projectile shall be directed at a target with
a backstop of sufficient strength and density to stop and control the projectile.
3. When discharging a firearm or bow, the projectile shall not carry beyond the property line.
(Amended Ord. 240,10-6-1998, eff. 1 -1 -1999)
4. All huntine shall be conducted in compliance with the regulations of the State of
Minnesota.
E. Hunting Zones Established: The City of Andover Hunting May attached to Ordinance
on file in the office of the City Clerk establishes boundaries for zones where huntine is
allowed as well as where hunting is prohibited within the city.
1. Restricted Zone North:
a) A minimum property size of ten acres is required for the discharge of firearms for
the purpose of hunting or tareet shooting.
b) A minimum property size of 2.5 acres is required for the discharge of a bow for the
purpose of hunting or target shooting.
2. Restricted Zone South
a) A minimum property size of forty acres is required for the discharge of firearms for
the purpose of hunting deer. Deer hunting with a firearm in Restricted Zone South
shall also be limited as follows:
1) Discharge of firearms shall occur no closer than one - quarter (1/4) mile from
any urban development, nark or institutional use.
�•'_
b) A minimum property size of ten acres is required for the discharge of firearms for
the purpose of hunting geese during Early Goose Season and waterfowl during the
Regular Waterfowl Season as regulated by the State of Minnesota.
c) A minimum property size of 2.5 acres is required for the discharge of a bow for the
purpose of hunting or target shooting.
3. Prohibited Firearm Zone
a) The discharge of firearms is prohibited.
b) A minimum property size of 2.5 acres is required for the discharge of a bow for the
purpose of hunting or target shooting,
- -
IF ME rMOR'"ORTNTArM.M.
i�
• . • IMOM
F. Exemptions From Provisions:
1. The provisions of this section shall not apply to the discharge of firearms, rifles or handguns
when done in the lawful defense of persons or property. No part of this section is intended to
abridge the constitutional right to keep and bear arms.
2. The City Council may approve an exemption to this section to allow the discharge of firearms
and bows for the sole purpose of managing and controlling wildlife populations, provided the
hunt has feeeived the support ftem the Mimieseta DepaAment ef Natidfal Reseuf complies
with state law.
G. Violation; Penalty: Any person who violates any provision of this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished according to state law. (Amended
Ord. 240, 10 -6 -1998, eff. 1 -1 -1999)
Adopted by the City Council of the City of Andover on this day of , 2010.
;�GII `LINM.1 0i9ZGIL 7
Michael R. Gamache, Mayor
0401WIV
Michelle Hartner, Deputy City Clerk
7—
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
AN ORDINANCE AMENDMENT TO CITY CODE 5 -4 WEAPONS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in
Minnesota Statute 462.
Policy
The purpose of these regulations is to protect the public health, safety and welfare as well as to
allow recreational hunting and management of wildlife populations.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this _ day of , 2010.
ATTEST:
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER
Michael R. Gamache, Mayor
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PLANNING AND ZONING COMMISSION MEETING MAY 11, 2010
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Vice Chairperson Kirchoff on May 11, 2010, 7:05 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger (arrived at 7:45 p.m.),
Commissioners Michael Casey, Dennis Cleveland, Lynae
Gudmundson, Valerie Holthus, Tim Kirchoff and Devon
Walton.
Commissioners absent: None.
Also present: City Planner, Courtney Bednarz
Others
APPROVAL OFMINUTES.
April 13, 2010
Motion by Casey, seconded by Walton, to approve the minutes as presented. Motion
carried on a 6 -ayes, 0 -nays, 1- absent ( Daninger) vote.
PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO
CITY CODE 5-4 WEAPONS TO UPDATE HUNTING REGULATIONS.
Mr. Bednarz noted the Commission received a lot of public input and made significant
progress in reaching a consensus on the discussion items at the last meeting. The
Commission wanted to discuss items 4, 6 and 8 further before making a recommendation
to the Council.
Mr. Bednarz reviewed the proposed Ordinance changes with the Commission.
The Public Hearing was carried forward from the previous meeting.
Mr. Luke Davich, 2780 South Coon Creek Drive, stated he has ten acres and the way
things are set up now, he cannot even bow hunt on his property. He did not believe he
should be restricted on his property. He noted he sees deer on his property daily and
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 11, 2010
Page 2
feeds them. Commissioner Kirchoff asked if Mr. Davich was currently in an area where
all hunting is restricted. Mr. Davich indicated he was.
Mr. Davich thought the restriction was ridiculous especially for bow hunting deer. He
indicated he was at the meeting to get the restriction removed. He stated he used to work
at Federal Cartridge and he knew a lot about ammunition and distance and a shotgun with
a slug is not going to hurt anyone where he lives.
Mr. Davich stated he purchased his property because of all the wildlife in the area and he
cannot do anything on the land. Mr. Bednarz asked Mr. Davich what type of hunting he
was proposing. He stated he would prefer shot gun and slugs for deer but his kids like to
use bow hunting because in his opinion no one will get hurt.
Mr. Don Wilson, 14920 University Avenue NW, stated the last time they were at the
meeting they were discussing 2.5 acres and self imposed some rules the residents could
accept. They have also gone around and had a petition signed by people in the area that
this would involve and they have 16 signatures out of 47 so far. They are trying to get
bow hunting allowed in their area because 2.5 acres should be sufficient and it was his
understanding that north of 161 Avenue hunting is allowed on 2.5 acres. He thought if
others are allowed to hunt on 2.5 acres he should be able to hunt on his too. He did not
think where the parcel is located should matter. He would like to be able to hunt using a
bow only while in a tree stand so nothing will be hurt if he were to shoot downward and
miss, the bow would go into the ground and not onto another parcel of land. He noted
that even the people that said no, three so far, indicated there were too many deer in the
area and that something needed to be done but they did not want to shoot the deer
themselves.
Mr. Lee Packer, 3074 161 Avenue, stated he was at the meeting when the Ordinance
was originally passed and the understanding he had for the Ordinance changes was that
there were people out hunting in areas where they should not be but what heard was that
they were people from other cities coming up to hunt. Since the ordinance passed he has
been to the City to get his permit and had his neighbor's sign that it would be fine for him
to hunt. He would rather not have to do this but he would rather hunt than not. He
wanted to make sure nothing changes in his area. He stated they have had a problem with
deer eating their crops and in the past have hunted the deer to lower their numbers. He
would like to avoid having to get permission from the neighbors but he would still come
in and get a permit from the City to hunt. He stated he would rather have it stay slightly
restrictive now and have it keep going then to eliminate everything and have problems
come up and then have hunting taken away completely.
Motion by Walton, seconded by Casey, to close the public hearing at 7:30 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote.
The Commission reviewed Items 1 -3 and agreed the changes were acceptable.
z
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 11, 2010
Page 3
Mr. Davich asked what chance there was of getting the ordinance changed to allow
hunting on their property. Vice Chairperson Kirchoff indicated they will be discussing
this.
The Commission reviewed Item 4; minimum parcel size for hunting with shotguns, and
discussed their opinions.
Commissioner Casey was in concurrence that ten acres was sufficient size for a shotgun.
Commissioners Cleveland and Gudmundson disagreed and felt the acreage should be
larger.
Commissioner Gudmundson stated she was not sure about what the size should be. She
reviewed some of the other cities she looked at regarding size. She thought they had
already agreed to leave the distance alone and seems as if they want to stick with the 500'
minimum firing distance that by increasing the minimum parcel size they basically do the
same thing as if they had wider distances. It offers more protection. She suggested
increasing the size to 20+ acres.
Commissioner Walton thought they should leave this at 10 acres and 2.5 was too small.
Commissioner Casey agreed they needed to keep this at 10 acres and then keeping it with
the 500 foot distance from occupied structures which is structured from the DNR.
Commissioner Holthus agreed.
Commissioner Gudmundson did not think 10 acres would be sufficient for shotguns,
especially when looking at the dimensions in the examples and the article describing how
far a slug travels.
There were two Commissioners in favor of 20 acres and four Commissioners to leave the
acreage at 10 acres.
The Commission reviewed Item 5; minimum firing distance for hunting with bows, and
agreed with the proposed changes.
The Commission reviewed Items 6 and 7 concerning bow hunting and discussed their
opinions.
Chairperson Daninger arrived at 7:45 p.m.
Commissioner Gudmundson asked if the DNR sets the 150 feet for distance. Mr.
Bednarz indicated they did not and it is a local requirement. He reviewed what the DNR
requirements were regarding hunting.
Commissioner Gudmundson thought they were focusing more on the acreage and not the
distance. She thought they should leave this one and move to the acreage one. She
3
Regular Andover Planning and Zoning Commission Meeting
Minutes —May]], 2010
Page 4
wondered if they should look at more cities and find out if the City is being too lenient
and possibly opening themselves up for some dangerous situations.
Commissioner Cleveland indicated he was on 2.5 acres and placed his home in the center
and he thought 150 feet was too close for him. He noticed some of the other cities for
this particular kind of ordinance have 300 feet which would effectively eliminate all the
hunting with bows on 2.5 acre parcels and he would be in favor of 300 feet instead of 150
feet.
Commissioner Kirchoff stated this would not restrict the property owner if expanded to a
larger acreage.
The Commission felt 2.5 acres was fine to hunt with bow. Five commissioners felt the
150 feet buffer was sufficient. Two commissioners were in favor of increasing the
minimum firing distance from structures for bow hunting.
Commissioner Gudmundson did not feel 150 feet was a large enough buffer.
Commissioner Casey felt 150 feet was more than adequate for bow hunting.
The Commission reviewed Item 8; the prohibited hunting zone and discussed their
opinions.
Commissioner Cleveland stated he was not in favor of changing the status of any parcel
in a prohibited zone. Commissioner Gudmundson agreed. Commissioner Walton
disagreed and felt they had more potential problems for wildlife, vehicles and people if
they cannot hunt in these areas. He thought they should be allowed to hunt with bow
only on 2.5 acres whether on prohibited zone areas or not.
Commissioner Cleveland stated he was not in favor of redrawing the map and there will
not be an impact on the deer herds on 2.5 acres. He felt the deer will weed themselves
out because they will starve to death if not hunted.
Commissioner Cleveland felt this item should be left alone. Commissioner Kirchoff
supported changing the 2.5 acres and did not think going to the Council for a special
exemption on each plot would do any good; it will just take up the Council's time.
Councilmember Casey agreed as long as it is for bow hunting only. Commissioner
Walton agreed, Commissioner Gudmundson indicated she was against it.
Commissioner Holthus stated she was worried about bow hunting on a 2.5 acre plot next
to an urban development. She felt the City needed to have a consistent ruling on where
one can bow hunt and she felt 2.5 acres was fine but she did not know what the solution
to that would be if they are next to R -4 parcels but she would be open to looking at that.
She noted it was illegal for an arrow to go across the property line if you do not have
permission to hunt on the neighbors land.
�f
Regular Andover Planning and Zoning Commission Meeting
Minutes —May 11, 2010
Page 5
The Commission reviewed Items 9 -12 and agreed the changes in the draft ordinance
amendment were acceptable.
Mr. Bednarz stated in discussions with the DNR, one concern the wildlife manager
indicated was land that Anoka County was intending to purchase land along Cedar Creek
and the Rum River, part of which is in Andover, with State and Federal funding and they
would require hunting to be allowed. Right now that example on the map, hunting is
allowed. The DNR's concern was that there not be a local requirement that restricts
hunting on State funded and purchased land. He wanted to know if the Commission
wanted to write into the code that State funded land purchased would allow hunting or be
aware of that so that if changes occur in the future that it is not prohibited. It is not being
prohibited now but they could go a step further and write it into the Code as a safeguard.
Commissioner Kirchoff thought this should be mentioned somehow so if it does come up
in the future it will be looked at. Commissioner Walton thought they could add some
language to the Code for future reference so it does not get forgotten about.
Chairperson Daninger thought they should leave it alone at this time. Commissioner
Casey agreed because things could change in the future. The consensus of the
Commission was to make no change at this time.
Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the draft amendment for changes to City Code 5 -4 Weapons to updated hunting
regulations to reflect the discussions. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Mr. Bednarz stated that this item would be before the Council at the June 1, 2010 City
Council meeting.
OTHER B USINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 8:45 p.m. Motion
carried on a 7 -ayes, 0 -nays, 0- absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
rA
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 4
PUBLICHEARING: CITYCODEAMENDMENT TO CONSIDER CHANGES TO CITYCODE
5-4 WEAPONS TO UPDATE HUNTING REGULATIONS
Mr. Bednarz reviewed the proposal with the Commission. He clarified it was not the intention of
the City to prohibit hunting in the City but rather to clarify the regulations. He outlined the
points to be discussed:
1. Clarification of the hunting zones — determining a unique name for each zone.
2. Potential for revision of zone boundaries.
3. Updating Definitions
4. Minimum parcel size for hunting with shot guns.
5. Minimum firing distance from residences with a shot gun.
6. Minimum parcel size for bow hunting.
7. Minimum firing distance from residences for bow hunting.
8. The prohibited zone, which does not allow for hunting, except by special
permission from the Council. There has been interest in having some type of
hunting allowed in this area for wildlife management.
9. City permit requirements for deer hunting.
10. Immediate family restriction for deer hunting.
11. Written permission from 50% of the neighboring properties for deer hunting.
12. The Council exemption and DNR support.
Motion by Walton, Seconded by Kirchoff, to open the public hearing. Motion carried on a 7-
ayes, 0 -nays vote.
Mr. Dave Pearson, 17382 Flintwood Street, Ham Lake, stated he hunts the Fields property
currently because this is his immediate family. He goose hunts and bow hunts this area. He
stated that last year there were only two people who acquired hunting permits from the City last
year but there were more than two people hunting in that area. He indicated that he has not
gotten a permit from the City in the past because he does not agree he should have to ask for
permission to hunt in an area that it is permitted to hunt. He also stated there has been several
incidences of trespassing and people are getting close to homes while they are hunting and it is
getting to a point where people are not being safe. He clarified that if an area is legal to hunt by
the DNR with either a shotgun or rifle then the City should make it legal as well. The only
question should be if it is safe to hunt with rifle slugs.
Mr. Ray Sowada, 14921 Butternut Street, stated he has 2.5 acres just south of a hunting area. He
stated his attitude is that since the residents to the north of him are allowed to bow hunt deer with
2.5 acres he should be able to as well.
Mr. Don Wilson, 14920 University Avenue, stated he has 2.8 acres and he is currently spending a
lot of money to keep the deer out of his garden. The Council determined the cost to have the
DNR count the deer was excessive and he does not agree with having a sharp shooter come and
hunt his land. If he cannot hunt it then he does not want someone else hunting it. He suggested
the following rules for deer hunting: only hunt from a tree stand that is a minimum of twelve feet,
Regular Andover Planning and Zoning Commission Meeting
Minutes — April 13, 2010
Page 5
always shoot down not straight across, get permission from property owner to track a deer, only
field dress a deer on your own property, only the property owners could hunt the property, and
only shoot doe. In the past a property owner could bow hunt deer if you had 2.5 acres and he
would like to see this be the case again.
Mr. John Wallace, 17564 Ward Lake Drive, stated he has been hunting in Andover for a number
of years and he is currently using a muzzleloader. He has not heard of any problems as far as
people getting shot or people shooting at homes. He questioned why the City was looking at
revising these regulations at this time. He also stated that it would not be cost effective for the
City to bring in sharp shooters to control the number of deer but they could allow residents to
hunt their own property.
Mr. Mark Jones, 2127 167' Avenue NW, stated the City has a growing turkey population and
cutting hunting will affect this as well. He stated those people that are currently hunting their
property are careful and hopefully courteous hunters. He stated he did not want to lose a right he
currently has.
Mr. Tony Howard, 2119 156' Avenue NW, stated an issue is the distance from the property line.
He suggested the minimum distance be measured from the property lines rather than structure.
He also suggested hunters ensure projectiles do not leave the property they are hunting. He
expressed concerns for those traveling on City streets as well as neighboring property owners.
He questions whether ten acres was enough to allow hunting with a shotgun and still maintain
public safety.
Mr. Steve MacGlover, 14909 University Avenue, Ham Lake, stated his family owns 80 acres in
Andover and there is a deer and turkey problem. His family is trying to farm this land but
because of the deer they have been unable to make a profit. He stated there is a need for wildlife
management within the City. He stated the regulations do need to be reviewed for some changes
but he suggested removing the requirement that a property owner get a permit from the City to
hunt their own land and also the requirement that a property owner get permission from 50% of
the neighboring properties. He does not believe shutting the hunting down is a good idea for the
City since no one else is controlling the wildlife population.
Mr. Harvey Matthies, 2857 172 °d Avenue NW, stated he had 2.9 acres but because of the way the
properties are laid out there is not enough distance between the homes to allow for hunting. He
stated that he had someone hunting near his property illegally. He had called the Sheriff but the
Sheriff did not know what the regulations were for distance and nothing was done regarding the
individual who was hunting his property illegally. He would like to see the distance requirement
changed to be 500 feet from the property line not structure.
Mr. Sowada stated two years ago the DNR passed a law that a big game license covered deer
hunting with a bow in zone 601, which is the metropolitan area.
Mr. Jones reminded the Commission that there is a problem currently with wildlife management
7
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 6
and restricting the hunting more will increase this problem.
Mr. Howard suggested the city permit be required to have people notify the City where they are
hunting to increase the safety. This way also if the Sheriff is dispatched to an area they will
know if a person is hunting a piece of property illegally.
Motion by Walton, Seconded by Casey, to close the public hearing at 8:14 p.m. Motion carried
on a 7 -ayes, 0 -nays vote.
Mr. Bednarz summarized the concerns of the residents who spoke. This included concerns about
hunters that are violating the current regulations but most of the speakers felt there was not a
need for dramatic changes with the ordinance.
Commissioner Holthus asked for clarification on what were the lawful hunting zones on the map
with the urban developments that was presented.
Mr. Bednarz stated there was no legal hunting in the new urban development areas that were
encroaching into the hunting zones because of the minimum distance requirements. There was a
unique situation with the Woodland Crossing townhomes that were constructed. There is enough
acreage in the common area that would allow for bow hunting according to the current
regulations.
Commissioner Holthus suggested changing this area to a non - hunting zone, or yellow color
according to the map.
Chair Daninger agreed with Commissioner Holthus and suggested changing the hunting zone
boundaries and define these areas as areas where hunting is prohibited.
Chair Daninger stated Item 1 referred to renaming the hunting zones in order to differentiate
between the two areas. He asked for input.
Mr. Bednarz stated he had been using restricted zone -north and restricted zone -south during the
presentation as a way to differentiate between the two.
There was a consensus with the Planning Commission to designate the zones as north and south.
Chair Daninger asked for comments regarding the definition for muzzleloader.
Mr. Bednarz stated the terms rifle and muzzleloader are interchanged frequently. DNR regulates
where you can hunt with a rifle just north of Andover. There are muzzleloaders and shotguns
that are used south of this line at this time. The suggestion is to include a muzzleloader in the
rifle definition is not recommended because these are two differently regulated items.
Commissioner Kirchoff suggested using the DNR regulations as a guideline.
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 7
Chair Daninger stated the DNR is the guidance for many of the regulations the City has regarding
hunting. He clarified the DNR has different definitions for muzzleloader rifle versus shotgun
load.
Chair Daninger stated a muzzleloader shoots the same distance as a shotgun and the DNR
considers the muzzleloader like a shotgun.
Mr. Bednarz stated this was correct.
Chair Daninger stated he would recommend staying with the DNR regulations and not define a
muzzleloader as a rifle.
It was the consensus of the Commission to not include muzzleloader in the definition of rifle.
Chair Daninger asked for Commission input regarding the minimum parcel size for hunting with
a shotgun. The minimum size is currently 10 acres but there was a suggestion to increase this.
He also clarified the minimum distance from a residence home is 500 feet.
Mr. Bednarz clarified the ordinance states a minimum distance of 500 feet from any residence,
DNR regulations are 500 feet from any structure.
Chair Daninger stated there had been a suggestion of changing this requirement to a minimum
distance of 500 feet from the property line.
Mr. Bednarz explained the current ordinance restricts any projectile from leaving the property.
The question is if the minimum 10 acre size and 500 feet from a structure allows enough area for
shotgun hunting deer and geese.
Commissioner Casey stated this could be looked into further. At this time he is in favor of
keeping it at 10 acres and a minimum of 500 feet from a structure.
Commissioner Walton stated it is important to be consistent with the State Statutes. The 10 acres
and 500 -foot minimum seems to be consistent with the State.
Chair Daninger clarified the State only specifies 500 feet from a structure and the City is adding
the 10 acre minimum. He further stated there has not been an issue with the minimums and there
are State regulations is place to control the need for a larger minimum area.
Commissioner Walton the City needs to draw the line from regulating common sense and
courtesy.
Commissioner Holthus asked Mr. Bednarz if he had talked to all of the property owners with 10
or more acres and if they all thought the minimum acreage should be increased.
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 8
Mr. Bednarz stated he talked with most of the property owners that own significant acreage but
not a majority of property owners with 10 acres. Large property owners all indicated that 10
acres was too small of an area to allow for hunting with a shotgun.
Commissioner Holthus stated she would be in favor of increasing the minimum acres
requirement.
Commissioner Cleveland agreed with Commissioner Holthus.
Chair Daninger polled the Commission.
Chair Daninger, Commissioners Casey, Walton, and Kirchoff are in favor of keeping the
minimum acre requirement at 10 acres. Commissioners Holthus and Cleveland are in favor of
increasing the minimum. Commissioner Gudmundson is unsure at this time.
Commissioner Gudmundson stated she would tend to think that 10 acres is too small of an area
but there was not a strong argument for or against this.
Chair Daninger summarized four members were in favor of leaving the minimum at 10 acres and
two and a half would like to see the minimum increase. He clarified if there was a need for a
definite answer the Commission could work through this.
Commissioner Kirchoff asked if the minimum firing distance of 500 feet was a State regulation.
Mr. Bednarz clarified this was in the State regulations.
Commissioner Kirchoff stated if this was changed to read a minimum distance of 500 feet from
the property line then the minimum width of a property has to be 1000 feet in order for a person
to hunt on it.
Commissioner Walton pointed out there is also a lot of ambiguity when referencing property
lines versus a structure that is in place.
Chair Daninger agreed with keeping the City regulations consistent with the DNR regulations.
It was the consensus of the Commission to keep the minimum distance at 500 feet from a
structure.
Mr. Bednarz stated there were additional restrictions in the restricted zone -south. These
restrictions are a person must be a quarter mile from a development, park or institutional use for
hunting deer with a shotgun.
Commissioner Walton asked if the restrictions changed for flight animals such as geese or
to
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 9
turkeys.
Mr. Bednarz showed a map for goose hunting areas. There are larger areas where goose hunting
would still be allowed but on the easterly side the hunting would be limited due to the parcel
sizes being smaller than 10 acres. He clarified the maps being presented represent the regulations
as they are currently written.
Chair Daninger expressed concerns with the rifle slug is different than that of a shotgun and he
wants to be sure the restrictions that are in place are keeping the residents safe.
Commissioner Walton stated if the State was providing guidance on these distances and if the
City was following the States regulations then they should be keeping the residents safe.
Mr. Bednarz stated the regulations do follow what the State regulations are in the northerly
hunting zone. The City is already more restrictive in the southerly hunting zone with the quarter
mile firing distance and other regulations.
Commissioner Cleveland stated he is okay with leaving the distance requirements as they are at
this time. He would not be in favor of lowering these and raising the requirements would shut
out hunting in these areas.
It was the consensus of the Planning Commission to leave the distance requirements at 500 feet
of a structure and a quarter mile in the locations indicated.
Chair Daninger clarified the Commission has not discussed turkeys yet and there was a lot of
concerns expressed by the residents about bow hunting on 2.5 acres.
Commissioner Holthus pointed out there were concerns expressed about the safety of people
traveling on Hanson Boulevard.
Mr. Bednarz stated the draft ordinance provided by Mr. Howard included a restriction of being
500 feet from a road for firing a shotgun but the City already has a restriction within the
ordinance about projectiles leaving the property.
Chair Daninger clarified if a hunter shoots across a road then the projectile would be leaving the
property and be in violation of the City's ordinance.
Mr. Bednarz stated the minimum acre requirement to bow hunt is 2.5 acres but those properties
that are located in the prohibited zone are not allowed to hunt unless they get permission from the
City Council. In the restricted hunting zones the minimum size requirement is 2.5 acres and 150
feet from a structure. He also stated there are no similar DNR restrictions for bow hunting. He
asked the Commission if 2.5 acres was enough area.
Chair Daninger asked what the 150 feet means to the City. He asked if this would restrict those
/(
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 10
residents with 2.5 acres. He also asked if the gold zones should be changed to allow for bow
hunting.
Mr. Bednarz stated Staff could provide a map to the Commission that reflects the 150 feet
requirement on those properties in question.
It was the consensus of the Planning Commission to direct Staff to bring a map to the next
meeting outlining the effects of a 150 -foot requirement and this would allow the Commission to
determine if 2.5 acres is sufficient.
Mr. Bednarz stated the next point of discussion is the City permit requirement for deer hunting in
the south restricted zone. He clarified that a person can only apply for the permit if they own the
land or are immediate family of the landowner, have permission from 50% of the neighboring
properties. He asked the Commission if the permit requirement should be kept and/or should it
be expanded to require all hunting in the City to require a permit as suggested by a resident
earlier.
Commissioner Casey suggested leaving the requirements as they are currently.
Commissioner Walton asked if the landowner would be able to give permission to someone other
than immediate family to hunt on their land.
Mr. Bednarz clarified the way the ordinance is written at this time only the landowner or
immediate family can apply for and obtain a permit to hunt their land. They are not able to give
permission to a third party to hunt on their property.
Commissioner Walton stated with the growing issue with deer and growing issue with turkeys he
is in favor of expanding who can hunt on the property. If the property owner says it is okay and
they get a permit from the City and the property owner signs off on it then it should be allowed.
Commissioner Kirchoff stated there are not many properties in these zones. He suggested asking
the property owners what they would like to see regarding the requirement that only the property
owner or immediate family can hunt on the property.
Commissioner Walton stated if the Commission did not change this requirement it does not
allow for property owners to solve their wildlife issues without having to hunt the property
themselves.
Commissioner Gudmundson asked what the difference would be if the property owner did the
hunting or if they signed off on having someone else do the hunting because there would still be
only one person doing the hunting.
Commissioner Cleveland stated in this situation there tends to be more than one person hunting
then.
/Z
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 11
Commissioner Gudmundson stated the property owner would need to give permission.
Chair Daninger stated with or without a permit a person would need permission to hunt on
someone's property. He suggested removing the permit requirement completely from the
regulations.
Commissioner Gudmundson stated the permit requirement was put into place because the
southern portion of the City was more urbanized and there was some concern for safety. She
stated treating the north and south section differently makes sense.
Commissioner Cleveland stated he would be in favor of leaving the permit requirement in the
regulations and not allow people outside of the property owner or immediate family to hunt on
the property.
Commissioner Kirchoff stated he would agree with Chair Daninger and remove the permit
requirement and allow the property owner the ability to determine who hunts of the property.
Commissioner Walton stated he agreed with Chair Daninger and Commissioner Kirchoff.
Commissioner Gudmundson stated she would be in favor of keeping the permit requirement in
the regulations but allow the property owner the flexibility to allow others to hunt on the
property.
Commissioner Casey stated he would favor removing the permit requirement from the ordinance.
Commissioner Holthus stated she would favor removing the permit process from the ordinance
as well.
It was the consensus of the Planning Commission to remove the permit requirement from the
ordinance.
Mr. Bednarz stated the next point for discussion is the requirement of having permission from
50% of the neighboring properties. He stated with all the other regulations in place the question
was asked whether it is necessary to include this in the ordinance.
Commissioner Kirchoff pointed out if the permit process was eliminated from the ordinance then
this would not be a requirement.
It was the consensus of the Planning Commission to remove the requirement of having
permission from 50% of the neighboring properties in order to hunt on your property.
Mr. Bednarz stated the final point of discussion was the Council exemption and this requires the
DNR support. The DNR does not want to be involved in the local regulations. If the regulations
i3
Regular Andover Planning and Zoning Commission Meeting
Minutes —April 13, 2010
Page 12
meet the State laws established by the DNR there answer will be the same every time. He asked
if this needed to be included as part of the Council Exemption.
Commissioner Kirchoff stated it does not need to be included.
Commissioner Walton stated this could be determined by the City Council.
Commissioner Cleveland suggested changing the reference to compliance.
Mr. Bednarz stated they do want to include a reference that the DNR regulations are followed.
Commissioner Cleveland stated this would be sufficient to cover this.
Mr. Bednarz encouraged the Planning Commission to reopen the public hearing and continue the
item to next month to allow a draft ordinance to be brought forward.
Commissioner Cleveland suggested getting input from the Sheriff's Department about the
enforcement of this type of thing and the resolution to these calls.
Chair Daninger stated the clearer the regulations the easier it will be to enforce.
Motion by Cleveland, Seconded by Walton to reopen the public hearing. The motion carried on
a 7 -ayes, 0 -nays vote.
Motion by Cleveland, Seconded by Kirchoff to continue the public hearing to May 11, 2010.
The motion carried on a 7 -ayes, 0 -nays vote.
OTHER BUSINESS
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT
Motion by Kirchoff, Seconded by Casey, to adjourn. Motion carried on a 7 -ayes, 0 -nays vote.
The meeting adjourned at 9:18 p.m.
Respectfully submitted,
Tina Borg, Recording Secretary
Iq
Regular Andover City Council Meeting
Minutes -August 15, 2000
Page 3
COUNTY SHERIFF MONTHLY REPORT
Serge Dave Seevert reported the Sheriff's Department has responded to 6,856 calls year -to -date,
1,092 of in July. The number of calls in July was higher than in June. In response to questions
from the Co 'l, he stated the thefts generally go in streaks. It seems to move around; but when
they bit, they t t an area. He wasn't personally aware of the problems surrounding the new
Precision Tune, but will pass that on to the Department.
PUBLIC HEARING: ADOP SESSMENT ROLL/IP98- 1IIJAY STREET NW
Motion by Jacobson, Seconded by O to open the public hearing. Motion carried on a 4 -Yes,
1- Absent (Knight) vote. 7:16 p.m.
Mayor McKelvey noted a letter was received the Kottke Bus Company objecting to the
purposed assessments. There was no public testimon
Motion by Jacobson, Seconded by Johnson, to close the publi earing. Motion carried on a 4 -Yes,
1- Absent (Knight) vote.
Councilmember Jacobson asked if the letter of objection needs to be in 'oned in the Resolution.
Attorney Sullivan stated no, as it is noted in the Minutes and is in the pa ork. He assumed
another objection will be received once the Council adopts the resolution.
Motion: by Orttel, Seconded by Jacobson, the Resolution as written with the assess is to be
payable on or before the first Monday in January, 2001. (Resolution R175 -00 adop the
assessment roll for the improvement of sanitary sewer, watermain, street and storm sewer, IP9 1,
Jay Street NW) Motion carried on a 4 -Yes, 1- Absent (Knight) vote.
AMEND ORDINANCE NO 240, FIREARMBOW DISCHARGE
Mr. Carlberg reviewed the proposed amendment to Ordinance No. 240 - An Ordinance Regulating
the Discharge of Firearms and Bows. The amendment basically sets 161st Avenue NW as the
boundary prohibiting the discharge of firearms and bows south of it except in restricted areas. He
reviewed the map indicating where firearms would be permitted south of 161st Avenue on parcels
of land ten acres or more solely to shoot geese during the early Goose Season and waterfowl during
the Waterfowl Season. Bow hunting would be permitted on parcels 2.5 acres or larger. The
Commission was concerned with the overlap of the waterfowl season interfering with deer season.
Some Commissioners felt a line should be drawn between the seasons. Those voting no were
concerned with the shotguns used for waterfowl in the same area when deer bunting season is open.
Waterfowl hunters wear camouflage; deer hunters wear blaze orange. The hunting seasons are
established by the DNR and are not mentioned in the ordinance. Councilmember Orttel noted that
/6�
Regular Andover City Council Meeting
Minutes - August 15, 2000
Page 4
(Amend Ordinance No. 240, FirearmlBotiv Discharge, Continued)
issue has existed in the past. The reason for looking at the issue was not for the safety of the hunters
but for the concerns of the neighbors and the fear of safety from bullets while in their yards.
Mr. Carlberg noted the proposed amendment was discussed with the Sheriff's Department. It was
felt the enforcement will be better with a clearly defined boundary. The DNR has to approve the
change, though they reviewed this and are in agreement with its enforceability. Councilmember
Orttel stated the zones are being set up for the honest people. There are still jagged boundary lines,
so he questioned the ease of enforcement. The only thing this does is limit deer hunting. The
problem is in isolated properties and in areas adjacent to housing areas. The proposal makes it
impossible for someone with 40 to 80 acres south of 161st to hunt. He proposed establishing a
system where those on 40 or more acres could get a permit from the City to hunt deer with guns if
certain criteria is met. Only the landowner and/or his immediately family could hunt and permission
would be needed from half of the neighbors. The police would be given maps showing where
permits have been issued, thinking it wouldn't make it any harder to enforce. The City is rapidly
approaching an overpopulation of deer, and the proposed amendment would not make a dent in that
population.
Larissa Amtz. 2381 155th - stated the petition has the support of three to four neighborhoods that
border the faun area. The problem they are having is controlling people that are hunting. It is the
poaching and hunters chasing wounded deer onto their private properties. She understood the idea
of permits, but stated the City is growing. There is hunting where the new school is going in. A
gentleman in Woodland Estates was hit while on his roof. Someone in Woodland Estates made the
statement that looking out the bedroom window, they saw hunters coming from everywhere. She
didn't understand how there could be hunting bordering those homes.
Chris Hines, 15260 Nightingale - worked on the farms for about 10 years and can see both sides.
He agrees to some extent with the shot gun and slugs because they carry quite a distance. He agrees
with the waterfowl hunting and agrees with Councilmember Orttel's suggestion for permits for large
land owners to be able to hunt. He doesn't hunt geese any more because there are too many people.
` is a lot of agricultural damage caused by deer, so there is a need to keep them in check.
Tony Howard, 2119 156th - stated the biggest thing is safety. He called Federal Cartridge today.
The ordinance says 500 feet away from any structure. He'd like to see it changed. A three -inch slug
will only fall two feet in 200 yards. He'd like to see it outlawed. He's okay with bow and arrow
hunting to cut down the deer herd, because it is not as much of a safety issue. He was told if a slug
is shot, it can travel 1,600 feet. A lot of the property is 100 to 200 feet to the back yards, so 500 feet
in the ordinance isn't enough. He hoped the Council will not allow slug hunting, because nothing
will stop it unless it hits a tree. He'd like to see the ordinance say to the property line, not to a
structure. With the high school coming in, he'd hate to see an accident that could be prevented. He
also learned that the shot for geese will travel 980 feet, so 500 feet from a structure for geese isn't
enough either.
_. _ A0
Regular Andover City Council Meeting
Minutes - August 15, 2000
Page 5
(Amend Ordinance No. 240, Firearm/Bow Discharge, Continued)
Lee Packer, 3074 161st Avenue - preferred that either the 80 acres on the corner of Round Lake
Boulevard and 161st be excluded or that some kind of permit be allowed. He is outside of the
MUSA through the year 2020, and there are no plans to develop near his home. If that happens, he
is open to restricting hunting on his land. Now he is surrounded by 80 acres east and peat to the
south. He hunts only on his land and does not allow anyone else to hunt there because he doesn't
feel safe with other hunters there. He'd be willing to ask anyone who signed the petition if he could
hunt. He hunts on a stand and shoots toward the ground. The shells never leave his property line.
The land has been in his family for many years. He realizes at some point he will not be able to hunt
there, but that is not the case today. He requested the boundary be changed to allow him to hunt on
his land or come up with a permitting process on 80 acres or more.
Steve McGlover. 14909 University - has 80 acres in Andover and 110 acres in Ham Lake. They
don't allow anyone else to hunt on their land. They do have a deer problem in there. More deer are
killed in Anoka County by cars than by deer hunters. Last year they could shoot 5 deer per permit
because of the overpopulation. They feel they should be able to help control the deer population.
He never saw the petition. All of the concerns seem to be coming from the Round Lake area or west
of there. He should be able to hunt on his land. He agrees with Councilmember Orttel's suggestion
to get a permit. Goose hunters fire more shots than deer hunters, at least in his area.
Don Bower. 14570 Jonquil - represented the goose hunters. They can hunt right across from where
he lives. When hunting, they get permission and try to keep their shooting to the east. The emphasis
is on safety first because they don't want anyone to get hurt. They get permission from Ken Slyzuk,
which provides an opportunity to keep the geese population down. Regarding the overlapping
season, waterfowl hunters are required to wear orange until they get to the blind, then they can take
it off. The lake is generally frozen over and the geese gone when deer hunting season starts. He
suggested a cheap $2 permit to know who is hunting out there. He hoped they will get the
opportunity to keep hunting here.
Mr. Carlberg stated there is nothing in place for the City to issue permits for hunters. Staff would
have to do some investigation. He didn't think it would be an extensive process. Then the Sheriff s
Department would have a record of those permits as well. Councilmember Jacobson was concerned
with the suggestion of allowing deer hunting by permits below 161st Avenue, thinking it will create
problems with enforcement. The ordinance amendment is for the safety of the people living in the
houses nearby. The City is growing, and he felt what was presented by the Planning Commission
is reasonable. He preferred the amendment as written,
Councilmember Orttel reiterated his proposal to allow guns for deer hunting on the larger parcels,
noting the safety concerns are both real and perceived. There are problems with both types of
hunting. Goose hunting is perceived to be less dangerous, but both are dangerous. He also predicted
there will still be people hunting whether its legal or not. They trespass. He liked the idea of permits
for deer hunting only for landowners because that creates responsibility on their part of what happens
/-I
Regular Andover City Council Meeting
Minutes -August 15, 2000
Page 6
(Amend Ordinance No. 240, Firearm/Bow Discharge, Continued)
out there. It is also a property rights issue. Plus, the proposed boundary between the hunting and no
hunting areas is not straight. Adding the large parcels should not create any more confusion. Mayor
McKelvey liked the idea of permitting the hunting of deer on the larger parcels, noting the problems
with the large deer population in the City.
Motion by Orttel, Seconded by Johnson, introducing the ordinance as prepared with the following
amendment, that the City consider permitting deer hunting with shot gun slugs in the restricted goose
hunting zones providing the following: on parcels over 40 acres in size; parcels whose borders are
at least one - fourth mile from any urban type development, that being R -2, R -3 and R4 or any
multiple zones, and any governmental, institutional or educational buildings or churches; and that
the hunting be limited to the owner and the owner's family; and that the owners would get a permit
at least 30 days prior to the start of hunting and they would state who would be hunting and an exact
description of the property and would be accompanied by signed permission from over 50 percent
of the property owners adjacent to the subject property. DISCUSSION: Mr. Carlberg stated they will
do some research on fees and permits and come back to the Council. Mr. Fursman didn't think there
would be that many permits. Councilmember Orttel thought maybe the permit should be for the land
itself so it is more enforceable. Councihnember Johnson suggested the possibility of issuing permits
for goose hunting on 10 acres of more as well. Mr. Carlberg stated the season starts September 2,
so that would have to be considered for next year.
Motion carried on a 3 -Yes, 1 -No (Jacobson, thinking the permit makes it over complicated,
preferring the original proposal instead as it is more easily understandable), 1- Absent (Knight) vote.
APPROVE VARIANCE (VAR 00- 16)IFRONTAGE ON ROADILOT WIDTH /SECTION
121WOJCIECHOWSKI
Mr. Carlberg reviewed the request of Peter and Marian Wojciechowski to vary from the lot frontage
requirement for a buildable lot and from the lot width at th front setback on property located in the
NE 1/4 of the NW 114 of Section 12. The Planning Commission discussed ways to avoid the
variance but determined the applicant is not able to acquire adjacent land, that the applicant did not
become aware that the lot was not legally buildable until about six months ago, that the land has been
valued as a landlocked parcel created in 1980 and has been taxed at a reduced rate, that future
development of adjacent land may create access but that there are no development plans in the
foreseeable future; that a stub to this parcel was not provided when the property to the southwest was
developed in the early 1990's; that prohibiting development of a 40 -acre buildable parcel appears to
be a severe restriction and that a similar variance was granted in 1997 for a lot along the Rum River.
The Commission recommended the driveway standards be required, including a Class V surface and
minimum 16 -foot clear zone with adequate drainage ditches to provide adequate ingress and egress
for emergency vehicles. There was a question that a portion of the present access easement may be
subject to wetland regulations, but the applicant has indicated the easement could be reconfigured
to avoid the wetland. The Planning Commission generally agreed with the variances but left it open
18
144-n(. -e Favtaem 13 Qrstoa4_r
The "safe" slug myth: shotgun slugs are required in some areas, but why? I Guns Magazine I Find... Page 1 of 3
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The "safe" slug myth® shotgun slugs
are required in some areas, but why?
Guns Magazine, Nov, 2007 by Holt Bodinson
The shotgun slug is less safe and more dangerous in the field than a 150 grain .3o -o6
bullet or a 50- caliber muzzleloading projectile. Does that statement sound improbable?
Conventional wisdom would say so.
I've just finished digesting a 67-page technical report commissioned by the
Pennsylvania Legislative Budget and Finance Committee that blows a hole in
conventional wisdom and the increasing establishment of shotgun- slug -only zones by
state's game agencies.
What prompted the study? A lawsuit involving a hunting accident in which a woman
sitting in a car was struck by a stray rifle bullet coupled with increasing sportsmen's
opposition to the expansion of shotgun slug and muzzleloading -only zones on the
decision of the Pennsylvania Game Commission.
When the professional staff of the Game Commission questioned other states with
about their slug policies, they found no state had any definitive safety data to support
the decision to restrict zones to shotgun slugs. Quoting from the report, "They found in
the shotgun -only states, this appears to be an issue driven by emotion and politics
rather than sound scientific data."
The Army Weighs In
The research firm, Mountaintop Technologies, conducted the resulting outside -
contracted study. Its prime subcontractor was the US Army Armament Research,
Development and Engineering Center at the Picatinny Arsenal.
P
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The "safe" slug myth: shotgun slugs are required in some areas, but why? I Guns Magazine I Find... P age 2 of 3
[ILLUSTRATION OMITTED]
The Picatinny research team used the concept of Surface Danger Zones to compare the
relative risk performance of three projectiles: a 15o -grain SP fired from a .30 -06 with a
muzzle velocity of 2,910 fps, a 385 - grain, 12- gauge, 50- caliber sabot load with a
hollowpoint, semi - spitzer projectile at 1,90o fps and, for the muzzleloaders, a 348 -
grain, 50- caliber CVA Powerbelt projectile at 1 ,595 fps-
The March 2007 study looked at the maximum range a projectile would reach at
various firing angles of elevation plus the distance the projectile would ricochet after
impacting the ground. The data is intriguing.
At a maximum firing angle of elevation of 35- degrees, the rifle, shotgun and
muzzleloader projectiles travel 13,926, 10,378', and 9,197' respectfully. Because of the
angle of descent, there are no ricochets.
At a firing angle of 10- degrees, the rifle, shotgun and muzzleloader projectiles travel
10,004', 7,163' and 6,247' respectfully plus additional ricochet distances of 702', 949'
and 913' respectfully.
Ali, but the big surprise comes at o- degrees of elevation which would be more or less a
typical shot at a deer on level terrain. Here the rifle, shotgun and muzzleloader
projectiles travel 1408', 840', and 686' respectfully plus ricochet distances of 3,4
4365', and 3,812' respectfully. Now the total distances traveled by the projectiles are
4 for the rifle, 5,205' for the shotgun and 449 for the muzzleloader.
"The smaller cross sectional area of the .30- caliber projectile and its shape contributes
to a higher loss of energy on impact and, after ricochet, the 3o- caliber projectile tends
to tumble in flight with a high drag. Test data confirm that the 50- caliber projectile's
larger cross sectional area and its shape contribute to less energy loss on shallow angles
of impact and, after ricochet, the projectile exhibits less drag which results in a greater
total distance traveled.
[ILLUSTRATIONS OMITTED]
"It is recommended the Pennsylvania Game Commission address the public perception
a shotgun with modern high - velocity ammunition is less risky than centerfire rifles in
all circumstances ... Frangible, or reduced ricochet, projectiles for hunting firearms
should be investigated as an alternative to the mandatory use of shotguns or
muzzleloaders."
Far Reaching
I think the effect of this study may be far reaching and it's why I have covered it in such
detail. State game agencies tend to talk to one another and, indeed, tend to copy each
other's regulations. It will be interesting to see w_ hat impact this study may have on
ZD
http://findarticles.com/p/articles/Mi—mOBQY/is-I 1 53 /ai n20512665/ 12/15/2009
The "safe" slug myth: shotgun slugs are required in some areas, but why? I Guns Magazine I Find... P 3 of 3
present or future slug -only zones and on shotgun slug design itself.
The answer may be in making the shotgun slug more frangible. Slug design is
increasingly taking on the structure and composition of a jacketed bullet. Looking at
the design of the new xp3 Winchester, the Hornady SST, and Federal Fusion slugs, it's
clear we are already there. They're built like jacketed bullets, and they upset and
expand like jacketed bullets. They're the finest rifled shotgun slugs we've ever had plus
muzzle velocities keep increasing with every passing year.
I'm sure the major ammunition companies are studying this groundbreaking report
from Pennsylvania with keen interest. Knowing them as I do, they will have a solution
to slug ricochet problem within months so stay tuned.
COPYRIGHT 2007 Publishers' Development Corporation
COPYRIGHT 2008 Gale, Cengage Learning
V
http: / /findarticles.com/p /articles /mi m0BQY /is 11_53 /ai n20512665/ 12/15/2009
• Tony Howard's proposed changes (in Red.)
CHAPTER 4
WEAPONS
SECTION:
5 -4 -1: Discharge Of Weapons
5 -4 -1: DISCHARGE OF WtEAPONS:
A. Definitions: The followiing definitions shall apply in the interpretation and
enforcement of this section:
BOW: All long, Compound or Crossbow bows used for target and hunting purposes as
regulated and defined by Minnesota Statutes Chapter 9713.
FIREARM: Shotguns and (pellet weapons, whether CO2 or pneumatic powered.
HANDGUN: A hand held wveapon with a rifled barrel and discharging a single shot or
pellet at a time.
IMMEDIATE FAMILY: All (persons related to the landowner that shall include the
children, grandchildren and their spouses.
RIFLE or Muzzleloader: A :shoulder weapon with a long bored barrel or bafrels and
discharges ing a single shot or pellet at a time.
SHOTGUN: A shoulder weapon with a snxxAh borers barrel or bars and nommaNy
dirihatyeas iii move than one pellet at a time„ except when using a single slug -
(Amended Ord. 240,10-6- 1998, eff. 1 -1 -1999; amd. 2003 Code)
B. Compliance Witih Proviisions: No person shall discharge at any time a firearm or
bow upon or onto any land (or property within the city except as provided by this section.
C. Prohibited Discharges::
1. No person shall discharge a firearm within five hundred feet (500') of any residence
or a bow within one hundred fifty feet (150') of any residence.
2. No person shall discharge a pelleted firearm within five hundred feet (500') of any
roadway.
3. No person shall discharge a pelleted firearm within one thousand feet (1000 of any
institutional use property line.
4 No peffsco shall dirge a pellletedl firearm within one thousand feet (1000') of any
urban development's property line.
LZ
5. No person shall discharge a pelleted fireamn within five hundred (500') of any rural
development's property line.
6. No person shall discharge a firearm or bow on public property owned or operated by
the city, county, state or school district.
7. The discharge of a weapon fifle OF handgun utilizing a solid projectile shall not be
allowed within the city except in permitted areas.
D. Permitted Discharges; Restrictions:
1. Written permission by the property owner shall be given to any person prior to the
discharge of a firearm or bow on his /her property.
2. When recreational target shooting is conducted, the projectile shall be directed at a
target with a backstop of siufficient strength and density to stop and control the
projectile.
3. When discharging a firearm or bow, the projectile shall not carry beyond the property
line. (Amended Ord. 240, 110 -6 -1998, eff. 1 -1- 1999)
E. Permit to Hunt Deer with nire, rns:
1. Permit Required_ An indlividual Ann in' n seasonal permit is required by the city for
the discharge of firearms for the purpose of hunting deer with a shotgun (slug only)4n- A
map of designated peiiyaled areas of the city
OFdiRaRGe 240 which er-diRanGe is on file in the office of the City Clerk for public use and
inspection.
paFt of sr.
than one quaFteF (114) mde frem aRyUFbaR development, paFkGF iRStitUtiGRa use.
(Amended Ord. , 10 6 1999, eff. 1 1 1999; amd. 2003 GGde )
F. Restrictions:
a) Hunting deer shall only occur on parcells greater than forty (40) acres in size.
b) Hunting shall only be allowed for landowners or immediate family members.
c) Hunting shall occur no closer than (1/4) mile from any urban or rural
development, park or institutional use.
Z3
d) Consent of Property Owners: A request for such permit shall be accompanied by
written permission from fifty percent (50%) or more of the adjacent landowners.
Land owner written permission must include parcel designation.
e) Time Limit on Acquiiring Permit: Permits shall be obtained from the city thirty (30)
days prior to the opening day of firearm deer season as established by the
Minnesota Department of Natural Resources.
f) Conditions of Issuance: Such permit shall only be issued under the terms
consistent with this section and all applicable state and federal laws and
regulations concerning the hunting of deer via firearm. (Amended Ord. 240, 10 -6-
1998, eff. 1- 1- 1999,; amd. 2003 Code)
F. Exemptions from Provisions:
1. The provisions of this section shall not apply to the discharge of firearms, rifles or
handguns when done in the lawful defense of persons or property. No part of this
section is intended to abridge the constitutional right to keep and bear arms.
2. The City Council may approve an exemption to this section to allow the discharge of
firearms and bows for the sole purpose of managing and controlling wildlife populations,
provided the hunt has received the support from the Minnesota Department of Natural
Resources.
G. Violation; Penalty: AnW person who violates any provision of this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished according to
state law. (Amended Ord. 240, 10 -6 -1998, eff. 1- 1 -1999)
`j
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To: Planning and Zoning Commission of Andover May 4, 2010
From: Laura Wade
15608 University Ave NW, Andover
Re: City Code Amendment under consideration, 5 -4 weapons hunting regulations
I am requesting no changes in the current City Code 5 -4, discharge weapons
for multiple reasons. As a city resident for over 25 years my husband and I have
experienced many issues with several of our neighbors hunting in Andover and
Ham Lake, which is across the street from our property.
I first remember the goose hunting on the back bordering part of our
property, shooting day and night through our wood. Many times the buck shot
bouncing off the trees and I'd hit the dirt while taking my evening walk with our
two dogs. When trying to confront the hunters they would always disappear and
hunting would cease, I think they let who ever wanted to hunt, hunt on their
property. No one cared about the discharge of weapons over any border. Since
then the property has sold and no more hunting on our back border.
Several years ago we needed to replace our roof due to hail damage. With
the tear off of the 15 year roof, we discovered that we had rifle slugs embedded
in the roof that faced the Ham Lake side of University Ave. We talked to the
neighbors across the street that hunt and let others hunt on their property and no
claims that they are shooting in our direction or with a rifle. What can anyone due
in this situation, knowing that letting anyone hunt on their property that there is
no responsibility to the property owner or your neighbor unless you catch them in
the act. Is anyone going to respect your property or your neighbors other than the
owner themselves, I don't believe so especially when there hunting and the
adrenaline is running.
I called City Hall last fall and talked to Will after the first weekend of shot
gun season. I had many questions about deer hunting within the city limits. What
some of the ordinances were and who could hunt here. I was appalled to hear
that two of my neighbors were approached to let hunters on their property to
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film a live deer kill. So when a neighbor had hunters arriving after five in the
morning last year, my concerns really started to mount. I discovered that many
city ordinances were violated and the city was going to do nothing. Will told me
to call the sheriff's office with concerns and to investigate. But this was already
after the hunting weekend of concern. Some of the violations to the current city
ordinance were; not immediate family hunting, discharge of firearms needing at
least forty acres, no discharge of weapons over the property lines, not fifty
percent of neighbors gave permission, deer stands out of DNR regulation, wearing
camouflage, not orange for shot gun opener and no city permits issued in this
area of Andover at all. Still not sure how legal the deer decoy with fur and all was,
and really don't like them hunting seventy five feet off my side border. It is five
hundred feet from a building, but myself and family, including two dogs, are not
going to hide out because they choose to hunt on our border within the city limits
as far as I am concerned. We have already discovered how careful hunters are
about discharge of weapons across property lines and have also found a broad
head spears from bow hunter in the middle of our ten acre lot which in only three
hundred forty some feet wide. They too must travel a couple hundred feet from a
bow, I'm guessing.
Very curious if there is a report listed with the city from my concerns last
year? Also what is the follow up with the sheriff's reports listed in and around
Andover during the hunting season? I don't believe these ten and fifteen acre
plots in Andover and Ham Lake are big enough to hunt on with all the
development and safety concerns.
I am looking for protection and safety on my own property during all these
hunting seasons against unsafe, none compliant, unregulated hunting practices in
the City of Andover. The current regulations are the only safety net that we have
to enforce noncompliant hunting practices, do not change or take them away; we
still need them for conformity and safety.
2-6
Petition to allow bow - hunting of deer in
Smiths' Rolling Oaks area
Name
Address
Yes
No
Signature
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❖ Adhere to all Minnesota DNR rules on bow hunting
❖ Must hunt from a tree stand so when a arrow is released it is
heading toward the ground
❖ Can't go on another person's property to track a deer without the
permission of the property owner
❖ Can only field dress the deer on the hunters property
❖ May only harvest does as killing 1 doe is like killing 3 deer as they
usually have twins
❖ The whole process of this is to try and thin the heard out and save
our flowers and gardens and for the good of the heard in general
❖ You must have at least 2.5 acres to participate
❖ A public hearing with the Planning Board is 5 -11 -10 at 7:00 pm in
Andover City Hall
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Incorporated 1974 s
Other Cities Hunting Regulations
Ramsey
See. 34 -21. - Weapons.
(a)
(b)
(c)
(d)
(e)
(fl
Discharge prohibited. Except as hereinafter provided, no person shall fire or
discharge any gun, pistol or firearm of any description within the limits of the
city.
Protection of home and family. Nothing in this section shall be construed to
embrace the possession of a firearm within the home or the discharge of the
same when done in the lawful defense of person, family or property.
Discharge of firearms. The owner or tenant or persons having written
authorization of such owner or tenant may, upon the land of the owner or the
owner's tenant, discharge firearms in hunting wild game in accordance with the
laws of the state. However, discharge of firearms shall not be permitted within
1,500 feet of any residential dwelling or other structure, park or playground. In
addition, shotguns using no larger than size 6 shot and non -lead shall be the only
type of firearm permitted to be discharged in any area of the city.
Permit to hunt. A permit to hunt wild game with a firearm as an exception to this
section may be issued by the police chief. The police chief shall be granted the
authority to administer the permit process.
Use of bows and arrows. The use of a bow and arrow for hunting purposes shall
be permitted in the city in hunting wild game in accordance with the laws of the
state. However, bow and arrow hunting shall not be permitted within 500 feet of
any residential dwelling or other structure, park or playground and said hunting
shall not be permitted within 500 feet of any trunk highway.
Permits for bow and arrow hunting. A permit for bow and arrow hunting shall
be required prior to such hunting in the city. Applicants for a bow and arrow
hunting permit shall apply to the city police chief or his designated
representative. The police chief shall be granted the authority to administer the
permit. Permits shall be issued only for the period of the state bow and arrow
annual deer hunting season.
(Code 1978, § 5.07; Ord. No. 73 -10, 8 -20 -1973; Ord. No. 73 -14; Ord. No. 83 -15; Ord.
No. 05 -26, 11 -14 -2005; Ord. No. 08 -06, § 2, 2 -12 -2008)
Oak Grove
The City of Oak Grove has no local hunting regulations and defers to the standards created
by the DNR.
33
Other Cities Hunting Regulations
Blaine
The City of Blaine has only allowed bow hunting for many years. The information is shown
below and the most recent hunting map is attached.
Blaine Sets New Boundaries for 2009 Boiv and Arrow Deer Hunting Area
The City of Blaine has set the below boundaries for the 2009 bow and arrow deer hunting
season. The State of Minnesota has established the dates for the hunting season as running from
September 19, 2009 through December 31, 2009.
Persons wishing to hunt must contact a landowner within the designated hunting areas. There is
no hunting allowed on park property or city -owned property, Property owners within the
designated hunting areas who wish to allow hunting on their land are required to give written
permission to the hunter. Persons hunting on designated property must have in "their
immediate possession ", the written permission of the property owner allowing them to hunt and
identification. Persons found hunting in the areas without a written note from the landowner are
subject to fines up to $750 and/or 90 days in jail, as well as confiscation of their equipment.
Hunters would still need to obtain all the required State of Minnesota, Department of Natural
Resources Hunting Licenses and follow all of the State laws, rules and regulations regarding bow
and arrow hunting for deer. Those wishing further information may contact the Blaine Police
Department at 763 - 785 -6132. A map of the designated approved hunting area is available upon
request and a copy is posted on the "Legal Notices" board in the Blaine City Hall.
Ham Lake
You cannot discharge a firearm within the City of Ham Lake on, onto or across any property
unless you own the property or have written permission from the owner and are a minimum of
500 feet from any dwelling. If you have further questions, please contact City Hall at (763) 434 -
9555 or read the complete ordinance regarding the discharge of firearms.
Source: Article 3, 3 -200
3 -200 Discharge of Firearms
(1) Except as permitted in subsection (2) below, no person shall discharge a firearm upon, onto,
or across any "Prohibited Areas" within the City of Ham Lake. No person shall discharge an
arrow from a bow upon, onto, or across any Prohibited Area within the City of Ham Lake.
"Prohibited Area" shall include the following:
a) The outside perimeter of all platted subdivisions, including auditor's plats;
b) The outside perimeter of all areas of residential concentration in which lots
have been created by metes and bounds, and which have been identified by
the Zoning Administrator as the equivalent of platted areas;
c) All schools and churches, measured from the lot lines of the parcel upon
which the school or church is situated;
d) The outside perimeter of all City or County parks;
Other Cities Hunting Regulations
e) The traveled portion of any public road.
(2) Notwithstanding the foregoing, firearms and bows and arrows may be
discharged upon, onto or across Prohibited Areas described in Article 3-
200(1)(a) and (b), under the following conditions:
a) The person is the owner or lessor of, or has the written permission of the
landowner who owns the land upon which the firearm or bow and arrow is
discharged, the land upon which the projectile comes to rest, or the land
over which the projectile passes;
b) The person discharging the firearm or bow and arrow is in actual
possession of the written permission documents at the time of discharging
the device, and
c) The discharge of the firearm or bow and arrow does not occur within 500
feet of any residential dwelling, unless the permission documentation
referred to in item 2(a) above specifically permits discharge within 500
feet of the dwelling.
(3) In areas which are not Prohibited Areas, persons may discharge firearms or
bows and arrows, but only under the same conditions as are listed in Article 3-
200(2)(a), (b) and (c).
(4) The provisions of paragraphs (1), (2) and (3) of this section do not apply to the
discharge of firearm by law enforcement officers while performing their
duties.
(5) The term "firearm" as used in this section includes pistols, rifles, revolvers,
shotguns as well as all pellet guns, whether gas explosive or spring powered,
BB guns and all other devices or weapons which propel a projectile of any
sort.
(6) The Zoning Administrator of the City shall cause the preparation of a map of
the City, at a scale of one inch = 500 feet, which displays the locations of the
Prohibited Areas identified in Article 3 -200 (1)(a)(b)(c) and (d), and which also
bears the following Legend:
NOTICE: SUBJECT TO CERTAIN EXCEPTIONS DETAILED IN THE
HAM LAKE CITY CODE, THE DISCHARGER OF FIREARMS AND
BOWS AND ARROWS IS PROHIBITED UPON, ONTO OR ACROSS
THE AREAS IDENTIFIED AS "PROHIBITED AREAS" ON THIS
DISPLAY, AND SUCH DISCHARGES ARE FURTHER PROHIBITED
WITHIN 500 FEET OF ANY DWELLING WITHOUT PERMISSION OF
THE DWELLING OWNER. PERMISSION OF THE LANDOWNER TO
DISCHARGE FIREARMS OR BOWS AND ARROWS IS REQUIRED
AT ALL TIMES.
The map so prepared, as periodically updated, shall be available for inspection at
City Hall during normal business hours, and shall also be posted in three
conspicuous places within the City between September 1 and December 1 of each
3's-
Other Cities Hunting Regulations
year.
7) Notwithstanding the provisions of subsections 1 through 6, inclusive, of Article 3-
200, it shall be unlawful for any person to discharge a gun, pistol, shotgun or rifle for the
purpose of target practice, including the terms clay pigeon shooting, skeet shooting, trap
shooting, gun - sighting or other recreational shooting not aimed at actual game, except
under the following conditions:
a) The activity is carried out on premises which have a conditional use permit for
the activity; or
b) The activity is carried out on premises and under conditions which meet the
criteria outlined in Article 3 -200 (2) of this Code, and
i) The activity is limited to no more than two sessions every thirty days; and
ii) The activity takes place between the hours of 10:00 a.m. and 7:00 p.m., and
iii) The activity introduces no lead shot onto any wetland which has been so
designated by the Minnesota Department of Natural Resources.
&.41AI F,- -��c
load 12
Legend
Ditch
Park & City Owned Property
Property Line
Sections
Hunting Area
Hunting Allowed
No Hunting Allowed
2009 BOW AND ARROW DEER HUNTING BOUNDARIES 025
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Pu rslCityyneer
FROM: Jason J. Law, Asst. City Engineer
SUBJECT: Discuss Awarding Bid /08 -33 /City Bridges Scour Evaluation — Engineering
DATE: June 15, 2010
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 08 -33, City Bridges
Scour Evaluation. This project would include bridge scour countermeasures at the roadway and
pedestrian bridges over Coon Creek on Prairie Road.
DISCUSSION
The bid opening was held on June 3, 2010. The bid was set up with a base bid and an alternate bid. The
base bid included installation of rip rap with 4" of sand/topsoil to be placed over the rip rap and seeded.
The alternate bid included installation of rip rap without a covering medium, but instead partially grouting
the rip rap in place. Partially grouting rip rap has been used successfully in other parts of the country, but
has not yet been tried in Minnesota.
It is staff's recommendation to award the alternate bid, even though it is more expensive than the base
bid. Staff believes this will provide a more long term solution for holding the rip rap in place, and it will
also reduce the potential for kids removing the rip rap and throwing it into the creek. Staff is concerned
that sand/topsoil covering in the base bid would wash away in short order, exposing the un- cemented rip
rap to creek erosion and vandals.
The three lowest bids received are as following:
Contractor
Base Bid
Alternate Bid
County Line Excavating
$30,700.00
$40,500.00
Sunram Construction, Inc.
$34,545.00
$48,900.00
Minger Construction Inc
$43,595.00
$58,029.00
Engineer's Estimate
$32,890.00
$34,097.50
Please refer to the attached bid tabulation for a breakdown of bids and unit prices.
BUDGETIMPACT
The project is identified in the City's Capital Improvement Plan to be funded by Storm Water Utility and
the Road and Bridge fund. For 2010 through 2012, $35,000 is identified each year, for a total of
$105,000.00. This project being considered would complete half of the proposed bridge scour
countermeasures. The second half of the project would be bid and constructed in 2011.
Mayor and Council Members
June 15, 2010
Page 2 of 2
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the alternate bid and awarding the
contract to County Line Excavating in the amount of $40,500.00 for Project 08 -33, City Bridges Scour
Evaluation.
Respectfully submitted,
6 )ZZ-4
Jason J. Law
Attachments: Resolution & Bid Tabulation
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 08 -33, CITY BRIDGES SCOUR EVALUATION
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution
No. 036 -10 , dated April 20 , 2010 bids were received, opened and tabulated
according to law with results as follows:
Contractor
Base Bid
Alternate Bid
County Line Excavating
$30,700.00
$40,500.00
Sunram Construction, Inc.
$34,545.00
$48,900.00
Minger Construction, Inc.
$43,595.00
$58,029.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate County Line Excavating as
being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to
enter into a contract with County Line Excavating in the amount of $40,500.00
for construction of the improvements; and direct the City Clerk to return to all bidders
the deposits made with their bids, except that the deposit of the successful bidder and
the next two lowest bidders shall be retained until the contract has been executed and
bond requirements met.
MOTION seconded by Council member and adopted by the City
Council at a regular meeting this 15 day of June , 2010 , with Council
members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: June 15, 2010
Iq.
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
1. Administration & City Department Activities
2. Update on Development Activity
3. Update on CIP Projects
4. Meeting reminders & Council Workshop Topics
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
submitted,
JiA Dickinson
ANLb 6 W ^ ov-,901mcd
DATE June 15, 2010
ITEMS GIVEN TO THE CITY COUNCIL
• May 2010 Building Report
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
GASTAFFRRHONDAAWGENDMCC LIST.doc
CITY OF ANDOVER
2010 Monthly Buildin Re t
TO:
ty
Council
FROM:
MD�
MAY
BUILDING
PERMITS
Permit/Plan
Tax
Total
Valuation
7
Residential
$ 17,478.33
$ 699.00
$ 18,177.33
$ 1,398,000.00
Single Family
6
13,436.24
519.00
13,955.24
1,038,000.00
Septic
1
4,042.09
180.00
4,222.09
360,000.00
Townhome
-
-
-
-
2
Additions
727.48
12.80
740.28
25,600.00
1
Garages
400.70
7.20
407.90
14,400.00
3
Basement Finishes
300.00
1.50
301.50
I
Commercial Building
2,000.05
69.40
2,069.45
138,800.00
Pole Bldgs/Bams
-
-
-
-
1
Sheds 1
84.65
1.55
86.20
3,100.00
I
Swimming Pools
101.90
1.40
103.30
2,800.00
Chimney /Stove/Fireplace
-
-
4
Structural Changes
578.54
7.26
585.80
14,318.00
I
Porches
299.06
5.00
304.06
10,000.00
22
Decks
2,536.10
30.03
2,566.13
60,060.00
Gazebos
Repair Fire Damage
-
11
Re -Roof
825.00
5.50
830.50
11
ISiding
819.25
6.00
1 825.25
1 2,000.00
1
Other
209.25
6.00
215.25
12,000.00
1
Commercial Plumbing
244.25
7.25
251.50
14,500.00
2
Commercial Heating
193.10
3.95
197.05
7,900.00
Commercial Fire Sprinkler
-
-
-
-
Commercial Utilities
Commercial Grading
-
-
-
69
Total Building Permits
$ 26,797.66
$ 863.84
$ 27,661.50
$ 1,703,478.00
PERMITS
Permit/Plan
Tax
Total Fees Collected
69
Building Permits
$ 26,797.66
$ 863.84
$ 27,661.50
-
Ag Building
-
-
-
-
Curb Cut
-
Demolition
-
Fire Permits
-
2
IFooting
30.00
1.00
1
31.00
-
Renewal
-
-
-
-
Moving
-
-
-
20
Heating
1,620.00
10.00
1,630.00
1
Gas Fireplaces
75.00
0.50
75.50
46
Plumbing
2,585.00
23.00
2,608.00
22
Pumping
330.00
-
330.00
1
Septic New
100.00
0.50
100.50
2
Septic Repair
150.00
1.00
151.00
6
Sewer Hook -Up
150.00
-
150.00
6
Water Meter
300.00
300.00
Sewer Change Over/Repair
-
-
Water Change Over/Repair
-
6
Sac Retainage Fee
126.00
-
126.00
6
Sewer Admin. Fee
1
90.00
-
90.00
8
Certificate of Occupancy
80.00
-
80.00
7
License Verification Fee
35.00
-
35.00
-
Reinspection Fee
-
-
-
12
Contractor License
600.00
-
600.00
-
Rental License - Single
-
-
-
49
Rental License -Multi
2,686.00
-
2,686.00
Health Authority
-
-
-
263
TOTALS
$ 35,754.66
$ 899.84
$ 36,654.50
$ 1,703,478.00
Total Number of Homes YTD
2010
36
Total Number of Homes YTD
2009
7
Total Valuation YTD
2010
$ 8,104,468.00
Total Valuation YTDI
I
1
2009
$ 2,798,004.00
Total Building Department Revenue YTD
2010
$ 147,456.07
Total Building Department Revenue YTD
2009
$ 82,369.47
i
ND OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for June 15, 2010 City Council Meeting
DATE: June 15, 2010
The City Council is requested to receive the following supplemental information.
Consent Items
Item #3. Approve Memo of Understanding (MOU)/North Metro Soccer Assoc. /09- 18/Hawkridge
Park Reconstruction (Supplemental - Request to move from Consent to last Discussion
Item/Revised MOU) — Engineering -
Discussion Item
Item #11. Consider Conditional Use Permit/Substation Expansion/1635 & 1657 Bunker Lake Blvd.
NW(Supplemental) - Planning
Item #12. Consider Changes to City Code 5 -4 Weapons/Hunting Regulations (Supplemental) —
Planning
Closed Session
Add -On Item. Discuss Pending Litigation Pool Fence Construction (Attorney /Client Privilege)
(Supplemental)
submitted,
C 1 3k
MEMORANDUM OF UNDERSTANDING (MOU)
Between the City of Andover and North Metro Soccer Association
This MOU is an informal agreement between the City of Andover and North Metro
Soccer Association (NMSA) regarding the $100,000 donation that will be made towards
the redevelopment/reconstruction of Phase 1 for Hawkridge Park.
The conditions of this MOU are as follows:
Section 1. It is agreed that NMSA will donate to the City in the amount of $100,000
towards the redevelopment/reconstruction of Hawkridge Park.
Section 2. It is understood that the donation will be made to the City by NMSA by July 1,
2010. Any extensions to pay up the donation after this time would need to be agreed to by
the City Council.
Section 3. It is understood by both the City and NMSA that the project construction will
begin this year (2010) and completion of Phase 1 will be schedule for July 1, 2011. Use
of the fields for fall of 2011 will depend on if sod can be donated for each of the fields.
Otherwise the fields will be seeded and irrigated and may not be ready for use until the
year 2012.
Section 4. Phase 1 will include grading of the site including parking lots, construction of
a well, irrigation and restoration seeding and/or sodding of the site. The project
excavation will not interfere with the use of two soccer fields currently setup for use
with the 2010 Spring/Summer Leagues. Adequate parking will be provided at the
Park, per the final engineering site plan which shows a minimum of 193 parking
stalls.
Section 5. It is agreed that in the event the City decides to remove the hockey rink
from the park facility, NMSA will be informed and included on discussion of
development. NMSA also has the opportunity to develop and use the proposed
building or buildings of Phase 3.
This memorandum of understanding is agreed to in both principle and practice and
describes in total the agreement between the City and North Metro Soccer Association
with regards to the redevelopment/reconstruction of Hawkridge Park.
City of Andover North Metro Soccer Association
Mayor
President
Date
Deputy City Clerk
Date
1K jo
PLANNING AND ZONING COMMISSION MEETING —JUNE 8
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Acting Chairperson Holthus on June 8, 2010, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
APPROVAL OFMINUTES.
May 11, 2010
Dennis Cleveland, Lynae Gudmundson, Valerie Holthus,
and Devon Walton.
Chairperson Dean Daninger, Commissioners Michael
Casey, and Tim Kirchoff
City Planner, Courtney Bednarz
Others
Motion by Walton, seconded by Cleveland, to approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
PUBLIC HEARING: CONDITIONAL USE PERMITAMENOMENT (10 -7) TO
CONSIDER EXPANSION OF THE GREAT RIVER ENERGYICONNEXUS
ENERGYSUBSTATIONLOCATEDAT 1635 AND 1657 BUNKER LAKE
BOULEVARD.
Mr. Bednarz noted Great River Energy and Connexus Energy are proposing to expand
the existing substation and provide additional site improvements. Public Utility
Improvements outside of the public right -of -way require a Conditional Use Permit.
Mr. Bednarz reviewed the information with the Commission.
Motion by Cleveland, seconded by Walton, to open the public hearing at 7:10 p.m.
Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
Mr. Bob Larock, 13783 Ibis Street, stated he did not understand what the new addition
was to the substation, he wondered what it was for and what it will do. He wondered if
L
Regular Andover Planning and Zoning Commission Meeting DRA
Minutes — June 8, 2010
Page 2
the changes would affect the electrical interference of his business. He stated he has
concerns if the changes will affect his business.
Mr. Louis Rudneke, owner of North Point Plaza, stated he wanted to make sure they do
not add any additional electrical interference to the businesses in his building also. He
stated he had some concerns about the changes to the grading and entrance. He
recommended installing additional curb and gutter for an additional twenty -five to fifty
feet so they would not have to worry about undermining of the existing curb and gutter at
the end.
Commissioner Holthus noted Great River Energy and Connexus Energy would like to file
for a variance and not put curb and gutter in because according to the information they
received the utility companies have large equipment and curb and gutter would not allow
them to maneuver some of their equipment into the area.
Mr. Rudneke indicated he would still ask that curb and gutter be installed at least ten feet
to divert the drainage in a controlled fashion onto their property.
Mr. Rudneke asked who was responsible for plowing the road into the property. He also
wondered what kind of landscaping will be planted to screen the equipment.
Mr. Bednarz explained 130 Avenue is a public street and the City has an interest in
making sure the curb and the rest of the improvement there is maintained. If this item is
approved they will go through a commercial site plan process. He stated plowing will
continue as it has been in the past, up to the property line and snow storage will continue
where it has been and then beyond that point it will be a private driveway and the
applicant will be responsible for the maintenance.
Mr. Rick Hiring, Great River Energy, explained what the project entailed. He stated
there are no issues with medical devices in and around the equipment as long as they are
not inside the fenced area. He noted there is a pedestrian walkway in very close
proximity of the substation and a lot of studies have and continue to be done regarding
this. He stated there should not be an issue and no changes should be made by the
surrounding businesses.
Mr. Hiring stated in regard to drainage along with getting the City approval they will also
need to get app from Coon Creek Watershed District which they have not begun yet.
He stated 138' currently flows easterly and will continue to flow easterly. He reviewed
some of the landscaping they plan to do to improve the site.
Mr. Mike Felber, Connexus Energy Manager, stated the distribution substation they are
proposing is an addition that will be located to the north side of the sub. He stated they
need to add capacity to this site. He reviewed the proposed expansion with the Council
and residents.
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 8, 2010 AFT
Page 3
It was noted that cell phone usage would not be affected by this.
Mr. Greg Shuddy, Great River Energy, explained the fence slat on the south portion
where Connexus portion of the sub is actually a one inch mesh fence slat which is a
tighter slat they have around the existing Great River Energy portion of the fence, there's
is a two inch slat. He stated they are currently working with the manufacturing company
but from what they have been told they do not have anything for the tighter mesh fencing
and that is part of the reason why they went towards the landscaping plan around the
southern portion to help screen it.
Mr. Rudneke stated he did not realize they were going to gate the front entrance to it and
perhaps a good solution to all the issues around that would be to install some sort of a
cul -de -sac with curb and gutter and then have the gate go off the end of that and it would
give the City staff to go all the way around and continue back west on 138 and would
resolve most of those issues. He stated it was not the voltage that causes the
electromagnetic interference in the surrounding area it is the current going through those
wires that creates those magnetic fields and creates that interference so if they are
increasing the current then there will be a larger magnetic field and interference. He
stated he was in support of this project and he thought this was wise for the growing
community.
Motion by Walton, seconded by Cleveland, to close the public hearing at 7:41 p.m.
Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
Commissioner Cleveland asked how large is the expansion going to be. Mr. Felber stated
the fence expansion is 57x120 to accommodate vehicle movement around the equipment.
Commissioner Goodmanson asked if the question and concern about interference could
be addressed. Mr. Hiring explained how the electromagnetic interference works. He
stated the greatest magnetic field would be directly under the wire and the further away
you are the less the magnetic field would be. He stated the addition of their project and
the modifications to their substation is essentially negligible in terms of the amount of
current that will be increasing.
Commissioner Goodmanson asked what other colors would they consider using for the
slats in the fence. She also thought they will struggle to keep plants and grass alive
without some type of irrigation. Mr. Hiring stated he drove by the site today and the
plantings they put in last year, like the arborvitae is not doing well and he suspected that
was due more to salt than anything else but some of the others seem to be doing quite
well. He thought they needed to learn and figure out what types of species will do well at
this site.
Commissioner Goodmanson asked who would take care of the grass area. Mr. Hiring
stated they currently mow the area within the fence to keep the area clean.
30
Regular Andover Planning and Zoning Commission Meeting DRA
Minutes — June 8, 2010
Page 4
Commissioner Cleveland asked what the color options are for the fence slats. Mr.
Shuddy stated there are examples in the packet that show what the manufacture has and
they will use whatever the City recommends.
Commissioner Holthus stated since this is probably one of the busiest corners in Andover
and played the role of "Welcome to Andover" statement, she thought this site could be
made a lot more attractive. She stated she would like to see a brick wall or cement block
with a texture on the outside to make it look aesthetically more pleasing. She would like
them to consider putting up something of a stronger screening and a better looking
screening than slats and a chain link.
Mr. Hiring stated they are certainly aware of this concern and that a solid wall like that
would screen more effectively but the issue that keeps coming back is the road right of
way is at the fence line and using today's standards, their facility would not be built the
way it exists today. The fence would be further away from their equipment. If they
could move the fence there they would. They have had several discussions with the
County Highway people and were told they could not do anything in their road right -of-
way. He stated the slates are the only reasonable thing they could do to screen the site.
Commissioner Holthus stated she would like to see this motion include a
recommendation to the City Council to include a brick wall because she knew this could
be done and has seen it done elsewhere. Mr. Shuddy stated this is something they looked
at quite a bit and due to the right -of -way issue, in order for them to build a brick wall
along Hanson Boulevard, even if they were to build it on the right -of -way line, the
foundation that needs to be built beneath that wall to withstand their wind loading and
criteria for that substation would encroach on the County and the width to the nearest
foundation of their large 230kb structure would cause a significant issue with their
existing substation.
The Commission discussed with the applicant landscaping, irrigation, security and
screening.
Motion by Cleveland, seconded by Goodmanson, to recommend to the City Council
approval of Resolution No. , including the variance noted to curb and gutter and
irrigation on the south side of the site. Motion carried on a 3 -ayes, 1 -nays ( Holthus), 3-
absent (Casey, Daninger, Kirchoff) vote.
Commissioner Holthus stated she voted against this because she felt there needed to be
better screening which would consist of a wall.
Mr. Bednarz stated that this item would be before the Council at the June 15, 2010 City
Council meeting.
E6
Regular Andover Planning and Zoning Commission Meeting DRA
Minutes —dune 8, 2010
Page 5
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Cleveland, seconded by Walton, to adjourn the meeting at 8:05 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
S
(P
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administa
Will Neumeister, Community
FROM: Courtney Bednarz, City Planne.4
SUBJECT: Supplemental - Consider Changes to City Code 5 -4 Weapons/Hunting Regulations
DATE: June 15, 2010
INTRODUCTION
Staff was asked to prepare a brief list of the items initially discussed by the Council during work
session meetings on this topic. The list is provided below. Additional materials for each of these
items as well as the others that were raised through the public process are contained in the staff
report.
Also, two additional items of correspondence that were received since the packet was released
are attached.
DISCUSSION
List of Items Initially Discussed by the Council (as numbered in the staff report):
1. Clarification of Hunting Zones
2. Revision of Zone Boundaries
4. Minimum Parcel Size for Hunting with Shotguns .
ACTION REQUESTED
Please add these materials to your packet.
Attachments
Letter Opposing Hunting in Prohibited Zone
Draft Ordinance Provided by Resident
l j 0
A /
..Moo
eo
JAMES M. NEILSON
Attorney at Law
118 East Main Street
Anoka, MN 55303
Tel: (763) 489 -4000
Fax: (763) 489-4001
Email: jim@neilson- law.com
RECEIVED
Real Property Law Specialist certified
by the Minnesota State Bar Association
JUN 15 1010
June 14, 2010
Courtney Bednarz
City of Andover
City Hall
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: Hunting Regulations
CITY OF ANDOVER VIA EMAIL AND U.S. MAIL
cbednarz @ci.andover.mn.us
My wife and I own our homestead at 4949 Marystone Blvd. NW, Andover, MN 55303. There is
approximately 3 '/z acres on our property on the Rum River. We built our home on this property
in 1997.
To my knowledge hunting has never been permitted on my property or on any property south of
159 Avenue NW and west of 7 th Avenue.
I understand that the Andover Planning and Zoning Commission proposes a change in the
hunting regulations in order to permit bow hunting on all property in Andover containing 2 '/z
acres or more in area.
I strongly oppose any change to the hunting regulations south of 159 Avenue NW and west of
7 th Avenue.
I will not be able to be at the City Council meeting on Tuesday, June 15, 2010, due to the fact
that I will be at the airport at approximately 7:00 p.m. picking up my wife who has been out of
the country for 3 weeks.
Very truly yours,
James M. Neilson
JMN /lba
U
Jam s Dickinson
From: Family Newbolt [newboltfamily @yahoo.com]
Sent: Thursday, June 10, 2010 9:33 PM
To: Mike Gamache; Don Jacobson; Mike Knight; Sheri Bukkila; Julie Trude; James Dickinson
Subject: Andover Hunting /Discharge Statute Proposal
Attachments: Discharge Ordinance (Proposed) 2010- 06- 09.docx
Andover Council Members & Administrator,
As each of you are intimately aware, the city council and planning and zoning commission are evaluating the
current discharge ordinance for the city.
After careful evaluation and determination through discussion with various community leaders as well as those
concerned citizens who have voice their opinions during the proceedings, a policy has been authored which
makes its points on the following key issues:
1) Public Safety
2) Community Structure and Future Growth
3) Landowner's & Hunters Rights
4) Animal Population Management
As this issue is neither without simplicity nor controversy, I and others in attendance look forward to addressing
this proposal with you at the next council meeting on June 15th.
Tim Newbolt
15071 Ivywood St. NW Andover
763 - 712 -5378
l�J
CHAPTER 4
WEAPONS
SECTION:
5 -4 -1: Discharge of Weapons
5 -4 -1: DISCHARGE OF WEAPONS:
A. Definitions: The following definitions shall apply in the interpretation and
enforcement of this section:
FIREARM: SHOTGUNS, RIFLES, DEER GUNS, AND HANDGUNS as defined
herein when utilized with either live or blank ammunition that derive
their source of energy from gunpowder or any other burning
propellant, except for CAPGUNS. This also includes any AIRGUN
either larger than .22 caliber or that has a velocity above the speed
of sound (supersonic).
DEER GUN: Any FIREARM designated by the Minnesota Department of Natural
Resources as an authorized FIREARM to take deer during the state
proscribed hunting season. The only FIREARMS currently
permitted by the State within area 601, the Metro Deer Area, which
includes the city of Andover for the hunting of deer are: shotguns
using rifled slugs, muzzleloaders, and handguns legal for big game.
SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels which
utilizes gunpowder or any other burning propellant and discharges
more than one projectile at a time, except when using ammunition
containing a single slug or a combination of both a single slug and
shot in the same shotshell. The "SHOTGUN" definition also applies
to any muzzzleloader which discharges more than one projectile at
a time, as well as any RIFLE or HANDGUN larger than .22 caliber
ONLY when using "shotshell" type ammunition and not a solid
projectile. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999; amd.
2003 Code)
RIFLE: A shoulder weapon which utilizes gunpowder or any other burning
propellant with a long bored barrel or barrels and discharges a
single, solid projectile at a time, a SHOTGUN when using
ammunition containing a single slug or a combination of both a
single slug and shot in the same shotshell, any shoulder stock
equipped muzzleloader which discharges a single projectile at a
time, and also any shoulder stock equipped airgun either larger
than .22 caliber or that has a velocity above the speed of sound
(supersonic).
HANDGUN: A weapon without a shoulder stock that is typically held with one
hand which utilizes gunpowder or any other burning propellant and
discharges a single, solid projectile at a time, including any hand
held airgun either larger than .22 caliber or that has a velocity
above the speed of sound (supersonic).
CAPGUN: Any .22 caliber RIFLE or HANDGUN when utilized ONLY with
unmodified factory BB or CB cap cartridges containing no
gunpowder or any other additional propellant and having a
maximum velocity below the speed of sound (subsonic), or .22
11 shotshell" ammunition that utilizes gunpowder as a propellant and
contains shot no larger than #7 1/2. This DOES NOT include the
usage of specialized "subsonic" single projectile .22 ammunition
containing gunpowder or any other burning propellant.
AIRGUN: BB or Pellet weapons not exceeding .22 caliber, whether gas or
pneumatic powered that have a maximum velocity below the speed
of sound (subsonic), as well as Blowguns which utilize only breath
or gas to discharge a projectile.
BOW: All long bows, compound bows, or crossbows used for target and
hunting purposes as regulated and defined by Minnesota Statutes
Chapter 97B.
IMMEDIATE
FAMILY: All persons related to the landowner that shall include their
grandparents, parents, siblings, children, grandchildren and their
spouses.
B. Compliance With Provisions: No person shall discharge at any time a FIREARM
upon or onto any land or property within the city except as provided by this
section, and only within the designated areas of the city as shown on the map
attached to and as defined in city Ordinance 240 which ordinance is on file in the
office of the City Clerk for public use and inspection. Said map and the language
contained and stated on the map shall become part of this section.
C. Prohibited Discharges:
1. No person shall discharge a FIREARM, BOW, CAPGUN, OR AIRGUN on
public property owned or operated by the city, county, state or school district.
2. No person shall discharge a FIREARM within five hundred feet (500') of any
residence or a BOW, CAPGUN, OR AIRGUN within one hundred fifty feet (150')
■
of any residence not owned by that person or their IMMEDIATE FAMILY, unless
that person has written permission to discharge or hunt by the landowner (see
Section D -1 for restrictions). Landowners and homeowners are exempt from this
provision so long as the discharge occurs on their property, and said property
contains no residences owned or leased by any other person. In such cases,
they and their IMMEDIATE FAMILY are bound by the limits of this section in and
around the residences they have either leased to others or do not own.
Individuals renting a residence or structure are NOT exempt from the limits of this
provision and must adhere to the provisions of this section.
3. The discharge of a FIREARM, BOW, CAPGUN, OR AIRGUN by a juvenile
shall not be permitted anywhere within the city, unless such juvenile is personally
accompanied by a parent or guardian or has completed a state sponsored
firearms safety course and has written parental permission, within the limits of
this provision and state hunting regulations.
4. The discharge of a FIREARM, utilizing a solid projectile, shall not be allowed
within the city except in designated areas as shown on the map attached to city
Ordinance 240, and only under the provisions of that Ordinance.
D. Permitted Discharges; Restrictions:
1. Written permission by the property owner must be given to any person not
designated as IMMEDIATE FAMILY prior to the discharge of a FIREARM,
BOW, CAPGUN, OR AIRGUN on his /her property, whether for recreation or
hunting. Such written permission must include the lot description, address, as
well as the full name and signature of the property owner. Additionally, such
written permission must be carried by the permitted party on their person at
all times while on the permitted property.
2. Recreational shooting of any FIREARM is prohibited within the city except in
designated areas as shown on the map attached to Ordinance 240, and only
under the provisions of that Ordinance. No permit is required for recreational
shooting. Recreational shooting of a FIREARM shall generally only be
allowed on lots 10 acres or larger with written permission from fifty percent
(50 %) of the adjacent landowners. Lots of 40 acres or larger do not require
adjacent landowner permission for recreational shooting.
3. When recreational target shooting is conducted with CAPGUNS, AIRGUNS,
OR BOWS, all projectiles shall be directed at a target with a backstop of
sufficient strength and density to stop and control the projectiles. The
backstop for FIREARMS must be made of dirt or sand, with dimensions no
less than 6 feet tall and 10 feet wide. The backstop requirement for
FIREARMS is considered met if the discharge is directed downward into solid
earth.
d
4. No recreational shooting or hunting of any kind shall be directed toward any
city, county, state, or school district roadway or trail that is immediately
adjacent to the property on which the shooting is conducted, regardless of
backstop.
5. While recreational shooting or hunting, no discharge of any FIREARM shall
take place within 500 feet of any city, county, state, or school district roadway
or trail and no closer than one - quarter (1/4) mile from any urban development,
park or institutional use property.
6. When discharging any weapon of any kind, whether specified in this provision
or not, the projectile shall not carry beyond the property line. (Amended Ord.
240, 10 -6 -1998, eff. 1 -1 -1999)
E. Permit To Hunt Deer:
1. Permit Required: An individual seasonal permit is required by the city for the
discharge of a DEER GUN as defined in section A for the purpose of hunting
deer in designated areas of the city as shown on the map attached to Ordinance
240, and only under the provisions of that Ordinance. A permit to hunt deer by
BOW is only required for lot sizes smaller than 5 acres. (Amended Ord. 240, 10-
6 -1998, eff. 1 -1 -1999; amd. 2003 Code)
2. Consent Of Property Owners: A request for such permit shall be accompanied
by written permission from one hundred percent (100 %) of the adjacent
landowners if hunting deer on lot sizes smaller than 5 acres with a BOW only.
Consent is not required for any hunting on lots 5 acres in size or larger.
3. Lot Size and Restrictions: Taking of deer by BOW is generally permitted on lot
sizes of 2.5 to 39 acres. Taking of deer by DEER GUN is generally permitted on
lot sizes 10 -39 acres if done from a deer stand at least 10 feet off the ground.
Lot sizes of 40 acres or larger do not require a deer stand. Please see the map
attached to Ordinance 240 for permitted hunting areas.
4. Time Limit On Acquiring Permit: Permits shall be obtained from the city thirty
(30) days prior to the opening day of firearm or bow deer season as established
by the Minnesota Department of Natural Resources.
5. Conditions Of Issuance: Such permit shall only be issued under the terms
consistent with this section and all applicable state and federal laws and
regulations concerning the hunting of deer via firearms or bows.
F. Exemptions From Provisions:
1. The provisions of this section shall not apply to the discharge of any legally
owned weapon when done in the lawful defense of persons or property. No part
O
of this section is intended to abridge the constitutional right to keep and bear
arms.
2. The City Council may approve an exemption to this section to allow the
discharge of a FIREARM on any property by issuance of a permit to a landowner
showing reasonable cause in the eyes of the council, with a majority vote.
G. Violation; Penalty: Any person who violates any provision of this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
according to state law. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999)
WAMAI
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06/15/2010 15:23 7634214213 PAGE 02/03
05/15/2010 14:18 7637674679 ANOKA CO 5HER PATROL PAGE 02/03
CITY OP ANDOVER — MAY 2010
ITEM
MAY
APRIL
VTD 2010
MAY
YTI) 2009
Radio Calls
861
886
3,894
3,6$4
Incident Reports
$38
909
3
4
krglaries
11
4
28
38
Thefts
38
45
210
198
Crim.Sex Cond.
1
2
7
12
Assault
6
10
32
32
Dam to Prop.
22
31
88
86
Harr. C OMM,
22
5
64
55
Felony Artoats
4
2
14
28
Gross Mis.
2
0
5
7
Misd. Arrests
35
56
202
183
Dt71 Arrests
10
12
54
59
Domestic Arr.
11
8
27
35
Warrant Arr.
8
7 1
46
54
Traffic Arr.
207
192
1
1,183
DVI O FFENSES:
DAY
OF
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
WEEK:
TIME:
00
00:18
02:06
01:49
01:30
02:09
01:55
04:15
05:05
02:45
06/15/2010 15:23 7634214213 PAGE 03/03
06/1512010 14:18 7637674679 ANOKA CO SHER PATROL PAGE 03/03
CI'T'Y OF ANDOVER — MAY 20110
COMMUNITY SERVICE OFFICER REPORT,'
ITEM
MAY
APRIL
YTD 2010
MAY
Y D 2009
Radiv callo
113
99
303
Incident Reports
129
100
503
374
Accident. Assists
8
3
21
39
Vehicle Lock Out
30
20
101
133
Extra Patrol
92
398
833
1,015
House Checks
0
0
5
3
Bus. Checks
1
1
29
157
Animal Carnpl,
34
42
160
182
Traffic Assist
4
6
57
S6
Aids: Agency
101
140
658
972
Aids: Public
40
28
156
239
Paper Service
Inspections
Ordinance Viol.
0
0
7
18
0 1
0
18
0
15
9
3
2