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HomeMy WebLinkAboutCC - July 6, 2010 ~NDbVE~ 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, July 6, 2010 Call to Order - 7:00 p.m, Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/15/10 Regular; 6/15/10 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Change Order #1/09-22/Bunker Lake Boulevard NW Frontage Roacl!Jay Street Alignment - Engineering 4, Award Bicl!09-37/138th Avenue NW & Xavis Street NW/Water Main Extension CDBG - Engineering 5. Approve Plans & Specs/Order Quotes/10-7, 2010 Trail Maintenance & 10-25, 2010 Parking Lot Maintenance - Engineering 6. Approve Removal 00 Way Stop Sign/165th Avenue NW & Zuni Street NW - Engineering 7. Approve Plans & Specs/Order Advertisement for Bids/09-18/Hawkridge Park Reconstruction/Well- Engineering 8. Approve Application for Exempt Permit/ Andover Center Ice Club - Administration 9. Adopt Resolution Appointing Election Judges for Primary Election - Administration 10, Approve Cleaning Service Contract/CMT Diversified - Finance Discussion Items 11. Consider Approval/Extension of Liquor License/Beef 0 'Brady's - Administration 12. Consider Conditional Use Permit/Substation Expansion/1635 and 1657 Bunker Lake Blvd. NW- Planning(Continued) 13. Consider Changes to City Code 5-4 Weapons/Hunting Regulations - Planning (Continued) 14,. Crooked Lake Water Quality/Invasive Plant Species Treatment - Engineering StaffItems 15. Schedule July EDA Meeting - Administration 16. Schedule July Council Workshop - Administration 17, Reschedule August 3rd Council Meeting - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment C9 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 Clerk SUBJECT: Approval of Minutes DATE: July 6,2010 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: June 15,2010 Regular Meeting June 15,2010 Closed Meeting DISCUSSION The minutes are attached for yow review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 15,2010 7 MINUTES 8 9 10 The Regular Bi-MontWy Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, June 15,2010,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: Director of Public Works/City Engineer, Dave Berkowitz 17 Community Development Director, Will Neumeister 18 City Planner Courtney Bednarz 19 City Administrator, Jim Dickinson 20 Others 21 22 23 PLEDGE OF ALLEGIANCE 24 25 26 RESIDENT FORUM 27 28 There was no input. 29 30 AGENDA APPROVAL 31 32 Add On Item - Closed Session - Pending Litigation on Pool Fences. 33 34 Move Item 3 from Consent Items to Item 13a 35 36 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 37 carried unanimously. 38 39 40 APPROVAL OF MINUTES 41 42 May 20, 2010, Workshop Meeting: Correct as amended. 43 44 Councilmember Jacobson stated on page 1, line 34, the sentence should read: "She said it..." 45 46 Councilmember Trude stated on page 4, line 42 should read "She stated they wanted to go to more 47 family programs, it should continue into the evening. One current problem is all elementary 48 programs are held after school and working parents cannot always arrange to pick up their child." Regular Andover City Council Meeting Minutes-June 15,2010 Page 2 1 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried 2 unanimously. 3 4 June 1,2010, Regular Meeting: Correct as presented. 5 6 Councilmember Trude stated she had one concern because the minutes of the May 18th meeting were 7 approved and three members were at the meeting and since then they have received an email from a 8 resident who had a concern that the comments made at the resident forum made by herself were not 9 accurately reflected in the minutes so she requested that the Councilmembers that were at the 10 meeting and approved the minutes to make a motion to reconsider the minutes of the meeting so they 11 could have a better record of what happened. 12 13 Councilmember Jacobson stated he talked to City Administrator Dickinson and he communicated 14 with the person involved and agreed to include the photographs in the record of what she presented IS but he thought the rest of what is in the record was correct as stated. He did not think they needed to 16 reopen the minutes that were approved. He thought they needed to fix the spelling of her name and 17 insert the photos in the record to make it complete and suggested they do not reconsider the minutes. 18 19 Mayor Gamache asked if the Councilmembers who were at the meeting and approved the minutes 20 thought the minutes needed to be looked at again. Councilmembers Bukkila and Knight felt the 21 issue was correct as approved. 22 23 Motion by Jacobson, Seconded by Knight, to approve the minutes as presented. Motion carried 3 24 ayes, 2 present (Gamache, Trude). 25 26 June 1, 2010, Closed Session Meeting: Correct as amended. 27 28 Councilmember Trude stated on line 21, page 1, there is a sentence that states "what they agreed" 29 and she believed "they" meant "City". Mr. Dickinson indicated it should be staff. 30 31 Councilmember Trude stated on page 22, line 17, there is a misspelling of a word and should read: 32 "graded". On line 21 there is an extra apostrophe in the middle of the sentence also. 33 34 Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion 35 carried 3 ayes, 2 present (Gamache, Trude). 36 37 38 CONSENT ITEMS 39 40 Item 2 Approval of Claims 41 Item 4 Approve No Parking Resolution/148th Lane NW (See Resolution R047-10) Regular Andover City Council Meeting Minutes-June 15,2010 Page 3 1 Item 5 Approve Waiver to Water Hookup/09-37/138th Avenue NW & Xavis Street 2 NW/Water Main Extension CDBG 3 Item 6 Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest 4 Item 7 Adopt Resolution Setting Annual Income Level for Senior Citizen and Disabled 5 Individuals for Deferral of Assessments & Reduced Sanitary Sewer Rates (See 6 Resolution R048-1 0) 7 Item 8 Approve Resolution Accepting GrantlCenterPoint Community Partnership 8 GrantlFire Department Pages (See Resolution R049-1 0) 9 Item 9 Declare Surplus Equipment 10 11 Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried 12 unanimously. 13 14 15 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT 16 17 Captain Tom Wells updated the City Council on law enforcement activities for May. 18 19 20 CONSIDER CONDITIONAL USE PERMIT/SUBSTATION EXPANSION/1635 AND 1657 21 BUNKER LAKE BLVD NW 22 23 Councilmember Jacobson indicated he had a conflict of interest and would step down from 24 discussion and voting. 25 26 Mr. Bednarz explained Great River Energy and Connexus Energy are proposing to expand the 27 existing substation and provide additional site improvements. Public utility improvements outside of 28 the public right-of-way require a Conditional Use Permit. 29 30 Mr. Bednarz reviewed the information with the Council. 31 32 Mayor Gamache asked where curbing would be required. Mr. Bednarz stated they would typically 33 require curbing around all paved areas. 34 35 Mayor Gamache asked if this fit the City Engineers plans for drainage. Mr. Berkowitz reviewed with 36 the Council how they would handle the drainage and snow plowing. 37 38 Councilmember Trude asked if the business owners concerns have been addressed regarding the 39 drainage and curbing. Mr. Berkowitz stated Staff will discuss this with the applicants at an 40 upcoming meeting. 41 42 Councilmember Knight asked how the applicant is planning on making the fence solid. Mr. Bednarz 43 stated they would use slats and the applicant would be willing to use any color the Council would 44 recommend for the slats. Regular Andover City Council Meeting Minutes-June 15,2010 Page 4 1 Councilmember Trude stated this site has been an eyesore for the community and she did not think 2 the screening plan was adequate and she thought the applicant needed to go back and figure out a 3 better way to screen the site. She did not think the landscape plan was anywhere near adequate and it 4 needs to meet the City requirements like other businesses in the City have had to do. She thought the 5 applicants will be saving a lot of money on curbing if the variance is granted so she would like to see 6 more money spent on landscaping to screen the site. 7 8 Mayor Gamache wondered if vines could be placed on the fence for screening. Mr. Gregg Schutte, 9 Great River Energy stated vines would not be recommended on the fence because it would make it 10 significantly easier for animals to climb the fence, get into their electrical equipment and create 11 outages within the community. 12 13 Mr. Rick Heuring, Great River Energy, stated he talked to the County last year in regard to planting 14 in their right-of-way and what they tried to do and offered to do was to phase in some plantings over 15 a course of three years and moved forward with that last year. He stated the County was willing to 16 look into allowing them to plant in their right-of-way if the City of Andover entered into an 17 agreement to maintain and care for the plantings. He noted the trail is also very close to the fence so 18 landscaping may not be feasible between the fence and trail. 19 20 Mr. Heuring reviewed the utilities screening standards with the Council. He stated Great River 21 Energy would be open to going back to review the landscaping plans and amending if needed. He 22 stated plantings within the fenced in area is not possible because there is not enough room. 23 24 Mr. Berkowitz stated it would be difficult to get anything planted between the fence and the trail and 25 he did not know if the Council wanted to go into a mutual agreement for maintenance of the 26 plantings. 27 28 Mayor Gamache wondered what it would cost to install slats in the fence. Mr. Heuring thought it 29 would be about $25,000. Mayor Gamache wondered if it would be feasible to install a white vinyl 30 privacy fence along the existing fence. Mr. Heuring stated if the fence would be installed outside of 31 the fence it would be in the County right-of-way. He also stated there could be a problem with 32 graffiti on the solid wall. He stated there would also be an issue with security because the site could 33 not be seen from the roadway. 34 35 The Council discussed with the applicants possible ways to screen the site. 36 37 Councilmember Trude stated she would like to see something besides slates for screening. She 38 preferred more bushes around the facility to screen the site. 39 40 Mayor Gamache felt having a white vinyl fence would be more attractive for the area. The other 41 Councilmembers agreed. Councilmember Bukkila stated she did not like the slats and it would be 42 different if it was in a rural area but this is in the center of the City so it makes a difference. 43 44 Councilmember Trude suggested staff go back and rework the resolution with the applicant and then Regular Andover City Council Meeting Minutes-June 15,2010 Page 5 1 bring this back for approval by the Council at the next Council meeting. 2 3 Mr. Dickinson summarized what the Council wants staffto resolve with Great River Energy. The 4 issues to work on are landscaping on the east side and the Council is concurring that if they see 5 adequate screening on the east side the variances are probably not a problem in reference to curbing 6 and also for irrigation. Councilmember Trude asked for a commitment to the screening plan that has 7 a long term perspective to it. 8 9 Motion by Trude, Seconded by Bukkila, to table this item and have staff work with Great River 10 Energy and the County on the landscaping plan, resolution changes and to bring this item back to the 11 July 6, 2010 City Council meeting. Motion carried unanimously. 12 13 Councilmember Jacobson returned to the meeting. 14 15 16 CONSIDER CHANGES TO CITY CODE 5-4 WEAPONS/HUNTING REGULATIONS 17 18 Mr. Bednarz explained several issues with the current hunting regulations that were identified 19 during the 2009 deer season. The Council requested a public hearing process to review hunting 20 regulations. 21 22 Mr. Bednarz reviewed the information with the Council. 23 24 Mayor Gamache noted the City allows whatever the DNR allows. Mr. Bednarz stated that is 25 correct. 26 27 Councilmember Jacobson reviewed the history of the changes to the regulations with the other 28 Councilmembers. He stated simplicity is the key and if they make things too difficult it is hard to 29 read and follow. He thought they needed to address the issue ofthe 2.5 acre 10t and the actual 30 measurements of the lot. He suggested they take their copies, mark them up and then give them 31 to City staff and the City Attorney for processing and bring back to the Council for review and 32 approval of changes. 33 34 Councilmember Knight did not think sending changes back to the City Attorney would matter 35 because the Council needed to make judgment calls on distance and how far shotguns travel. 36 Councilmember Jacobson wondered if they should change the map to reflect the growth of the 37 City and do nothing else. Councilmember Trude stated she would like to work on the three 38 original main issues. 39 40 Mr. Dickinson stated the Council needed to approve items one and two since those are based on 41 the maps and the definitions were discussed and minimal changes were made by the Planning 42 Commission. They would like some direction on where to focus. The Planning Commission 43 agreed that no changes should be made. 44 Regular Andover City Council Meeting Minutes-June 15,2010 Page 6 1 Mayor Gamache asked if Captain Wells had any recollection to any hunting related accidents in 2 the City. Captain Wells stated he could not think of any off the top of his head in recent years. 3 4 Mayor Gamache did not think there was any interest in lowering the limit to 2.5 acres for bow 5 hunting. He thought the only way they could approve that would be to require hunting from a 6 deer stand only so the trajectory would be downward. 7 8 Councilmember Bukkila thought this was more accepted if it was resident driven instead of City 9 driven. She thought after spending all this time reviewing this item they should see what 10 everyone likes and does not like. 11 12 Councilmember Jacobson thought ifthey are going to allow bow hunting it should be from the 13 stand only and in regard to the 2.5 acre issues he thought the verbiage should be included to read 14 "If it was originally platted as 2.5 acres", he thought this was a technicality. Councilmember 15 Trude stated she would not go that far because then they would be less likely to meet the distance 16 requirements. Councilmember Jacobson thought the language the City Attorney came up with at 17 a previous meeting should be included in this. 18 19 Councilmember Knight indicated he would like to hear from the residents in the audience. 20 21 Mr. Dickinson stated there were still some items that staff needed direction on before this item is 22 closed. 23 24 Mr. Tim Newbolt, 15071 Ivywood Street NW, stated he has proposed several changes after 25 discussion with several Councilmembers as well as several residents in the community that had 26 voiced concern at the Planning Commission meeting. 27 28 Councilmember Jacobson asked why Mr. Newbolt included recreational shooting in the hunting 29 ordinance proposal. Mr. Newbolt stated in looking at the current hunting ordinance the City has 30 it defines in the definition section firearm based on an amalgam of what is current state penal 31 code as well as hunting regulations. There are also a number of instances within the current code 32 that do that, a variance between the code itself and ordinance 240 and its attached map. There is 33 one document that codifies the physical nature of discharges and a map that corresponds with it. 34 Being that the current code does actually indicate discharge rather than just for hunting he felt it 35 important to quantify that issue so that people are not discharging firearms ifthey are not hunting 36 on inappropriate lot sizes. 37 38 Councilmember Jacobson wondered if it was reasonable to have recreational shooting covering 39 about half a page in the hunting ordinance. Mayor Gamache asked on the breakdowns given for 40 the definitions, which were great, they are trying to limit the ordinances but in doing that are they 41 possibly opening areas they did not expect. Mr. Newbolt stated being that it is listed as a 42 discharge ordinance it can cover areas regarding hunting as wells as the actual discharge for 43 recreational purposes as well as other things. 44 Regular Andover City Council Meeting Minutes-June 15,2010 Page 7 I Mr. Newbolt reviewed his proposals and clarified some of the points of his proposal with the 2 Council. 3 4 Councilmember Bukkila asked Mr. Newbolt what he thought the appropriate acreage would be 5 for discharge of weapons and bow hunting to ensure safety. Mr. Newbolt stated his initial 6 recommendation when drafting his proposal was a minimum of forty acres for any type of solid 7 projectile ammunition, however, given the possibility or utilization of different acreage lots if 8 shooting downward into the ground, which is a proper backstop, it would be met but the hunter 9 would need to be in a stand. 10 11 Councilmember Jacobson stated he heard the Council agreed to change the map to reflect the 12 current status, they are going to change the verbiage in the ordinance to reflect what is shown on 13 the map and staff is going to review the definitions section to make sure the definitions are 14 correct and accurate. The Council agreed. 15 16 Councilmember Trude stated her concern is with Woodland Estates 6th Addition people will be 17 able to hunt right to the back of those homes and she did not want that to happen. She wondered 18 if they wanted to allow marksmen in one of the provisions. Mr. Dickinson stated they have the 19 exemption provision at the end which is to manage deer population. 20 21 Mr. Dickinson stated in dealing with the minimum acreage size they are dealing with ten acres 22 and in the rural reserve they are at forty and the Planning Commission recommended no change. 23 He wondered if the Council is in concurrence with the Planning Commission that there should be 24 no change. 25 26 Councilmember Knight stated the question is ifit is ten acres and following Mr. Newbolt's 27 recommendation of shooting from a deer stand only. Mr. Dickinson stated this needs to be fairly 28 simple and they need to be able to enforce the ordinance. He did not know if they could show 29 that a person was or was not shooting from a deer stand. They need something that can be easily 30 enforced. 31 32 Councilmember Trude stated a few of the Councilmembers have heard from some residents that 33 have had some great success on ten acre lots and they feel they are protected so if they kept them 34 in there and made a safety feature that would meet their needs and the City's and it is an honor 35 system. 36 37 Councilmember Knight stated he would not want to allow hunting on ten acres from the ground. 38 39 Mr. Dan Davich, 2780 South Coon Creek Drive, stated his parents live there and they have a deer 40 problem. They would really like to be included and be allowed to hunt on their property with 41 shotguns and would not be a danger to anyone around them if hunting from a deer stand. He 42 noted they cannot even bow hunt on their property and they have ten acres of land. He stated 43 they would like to be considered. 44 Regular Andover City Council Meeting Minutes-June 15, 2010 Page 8 1 Mr. Don Wilson, 14920 University Avenue NW, stated his neighborhood was concerned with 2 bow hunting on 2.5 acres. He stated they were interested in University A venue, Butternut and 3 Evergreen Streets. He stated they went out and got over fifty percent of the people to sign a 4 petition to say that they okayed hunting in that area. Even the people that said no stated there are 5 too many deer there but did not want to see one die in their yard. He stated they have self 6 imposed restrictions oftheir own that they would abide by and one of those would be to adhere to 7 all the MN DNR regulations. They would also hunt from a tree stand and nowhere else. He 8 reviewed other restrictions they are proposing in their area. 9 10 Councilmember Trude wondered if they should take the rural reserve on map 3 off the hunting 11 map because of her concerns with Woodland Estates 6th Addition. She wanted to make sure the 12 people that purchase those homes in this development feel that they are protected. All this land 13 is coming out of Ag Preserve and they may start to see some development. 14 15 Councilmember Bukkila asked if this meant they could not even bow hunt on this land. 16 17 Councilmember Trude stated only a few families can hunt on this land and they are not hunting 18 in those areas anyways. Councilmember Bukkila stated she would like to find out how the 19 families feel about the change to the map. Councilmember Trude reconsidered. 20 21 Mr. Ray Sowada, 14921 Butternut Street, stated McGlover's are the only family that hunts in 22 their area because they have eighty acres on the Andover side and eighty acres in Ham Lake. 23 They do goose hunt on the sod fields in Ham Lake and they only allow their family members to 24 hunt on their land and no one else. He stated he was told when they hunt on their land they hunt 25 from stands and the deer come into the 2.5 acre area and stay because they are chased from the 26 McGlover's land and are protected because no one can hunt on this land. He stated this was hard 27 to comprehend and felt something needed to be done. He stated he would like to be able to bow 28 hunt on his 2.5 acres if the City changed the boundaries. 29 30 Mr. Tim Newbolt stated he had a clarification on what he discussed earlier with regard to bow 31 hunting. Even with the restricted zones, one of his proposals is that anyone with a 2.5 acre lot, if 32 they have one hundred percent adjacent landowner permission, he thought this would address the 33 deer running in the neighbors' yard to finish the kill concern. 34 35 Mr. Davich stated the only snag he would see with getting the neighbor's permission would be 36 the people who live next to the family with eighty plus acres. They may not get their permission 37 to hunt. 38 39 Mr. Dickinson stated staff needs to know if the Council wants to keep the current acreage for 40 hunting in the different zones with shotguns. The Council indicated they would be fine with 41 staying with the current acreage. Mr. Dickinson stated the Planning Commission recommended 42 2.5 acres as a minimum for bow hunting. Councilmember Jacobson thought this was a split vote. 43 44 The Council discussed the restricted areas for bow hunting and which areas they should allow it Regular Andover City Council Meeting Minutes - June 15, 2010 Page 9 1 on 2.5 acres. 2 3 Councilmember Jacobson felt 2.5 acres was pretty small to be allowed to bow hunt. 4 5 Councilmembers Bukkila and Trude agreed they would be in favor of allowing on ten acres if 6 hunting was done from elevated stands. Councilmember Bukkila stated anything between ten 7 and thirty-nine acres would require an elevated deer stand for shot gun in the restricted north and 8 restricted south zones. 9 10 Councilmember Knight stated the concern he had is being able to enforce this. 11 12 Councilmember Trude thought this was based on the honor system. Councilmember Jacobson 13 thought there were too many homes in the City to allow this. He thought they needed more than 14 ten acres for shooting a shotgun. 15 16 Captain Wells stated the reason why they do not have hunting accidents is because hunting is not 17 allowed in the most populated areas of Andover so by changing that he thought it would be hard 18 to enforce and they needed to be careful and to keep it simple. He understood the deer 19 management issue but that is different than hunting on smaller lots. He stated this conversation 20 has worried him from an enforcement and safety standpoint. He thought there were a lot of 21 responsible hunters but not everyone is responsible. 22 23 Councilmember Jacobson stated he would support what they have currently in ordinance for 24 sizes and changing only the map to reflect the changes where they have new subdivisions built 25 out in the last couple of years to protect them. 26 27 Councilmember Knight agreed with Councilmember Jacobson. Mayor Gamache also agreed and 28 felt keeping this the way it has been for the last ten years is probably the best way to go. He 29 stated they are not changing anything. 30 31 Motion by Jacobson, Seconded by Knight, to send the material to City staff to look at the 32 definition section and make any suggested changes if needed to be reviewed at the July 6, 2010 33 City Council meeting. 34 35 Councilmember Trude suggested they remove item 11, the permit requirement from the people in 36 the rural reserve. Mayor Gamache thought they should keep everything consistent. 37 38 The residents in the audience indicated they did not like that the Council did not change anything 39 to allow them to hunt on their land. 40 41 Mr. Newbolt stated current City Code allows the Councilmembers to grant a permit to an 42 individual to discharge onto their property. With regard to the DNR restrictions, the DNR is 43 recommending they be removed from those restrictions and in his proposal it allows the City 44 Council the levity of allowing a permit for the discharge of certain types of weapons with regard Regular Andover City Council Meeting Minutes -June 15, 2010 Page 10 1 to certain circumstances and there could be exceptions made in regard to that. The Council 2 agreed. Mr. Dickinson read what the City has in their current City Code. 3 4 Motion carried 4 ayes, 1 nay (Bukkila). 5 6 7 DISCUSS AWARDING BID/08-33/CITY BRIDGES SCOUR EVALUATION 8 9 Mr. Berkowitz stated the City Council is requested to receive bids and award the contract for Project 10 08-33, City Bridges Scour Evaluation. This project would include bridge scour countermeasures at 11 the roadway and pedestrian bridges over Coon Creek and Prairie Road. 12 13 Motion by Jacobson, Seconded by Knight, to approve the resolution accepting the alternate bid 14 and awarding the contract to County Line Excavating in the amount of $40,500.00 for Project 08- 15 33, City Bridges Scour Evaluation. Motion carried unanimously. (See Resolution R050-10) 16 17 18 APPROVE MEMO OF UNDERSTANDING (MOU)/NORTH METRO SOCCER 19 ASSOCIATION/09-18/HAWKRIDGE PARK RECONSTRUCTION 20 21 Mr. Berkowitz explained the City Council is requested to approve the MOU with the North Metro 22 Soccer Association in regard to the reconstruction ofHawkridge Park. 23 24 Mr. Berkowitz noted the Soccer Association had some wording they would like changed in the 25 MOU. He stated they already have a policy in place that field usage is based on the number of 26 Andover kids that are within the association so with that staff would not recommend additional 27 changes to the MOU and to approve the MOU that was submitted as supplementary information. 28 29 Councilmember Jacobson wondered why North Metro Soccer Association felt they needed that 30 since they already have that covered through the Park Commission. 31 32 Ms. Barb Anderson, North Metro Soccer Association, stated they wanted to make sure there is 33 the understanding that they will need additional fields besides Hawkridge fields as the 34 association grows larger. 35 36 Motion by Jacobson, Seconded by Trude, to approve the MOU with the North Metro Soccer 37 Association that was added to the agenda as supplementary. Motion carried unanimously. 38 39 ADMINISTRATOR REPORT 40 41 City Administrator Dickinson updated the Council on the administration and city department 42 activities, meeting reminders, CIP Projects and development activity. 43 Regular Andover City Council Meeting Minutes - June 15, 2010 Page 11 1 MAYOR/COUNCIL INPUT 2 3 (Annual Golf Tournament) - Mayor Gamache stated June 16,2010 is the annual Andover Golf 4 Tournament at the Refuge in Oak Grove. 5 6 (Councilmember runningfor County Commission) - Councilmember Jacobson stated 7 Councilmember Trude is running for one of the County Commission seats and he wished her 8 luck. 9 10 The City Council recessed at 10:00 p.m. to go into a closed session to discuss: 11 12 - Open Space Land Purchase Negotiations - White Pine Wilderness 13 - Pending Litigation on Pool Fences 14 15 The City Council reconvened at 10:35 p.m. to adjourn. 16 17 Motion by Knight, Seconded by Bukki1a, to adjourn. Motion carried unanimously. The meeting 18 adjourned at 10:35 p.m. 19 20 Respectfully submitted, 21 22 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes-June 15,2010 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JUNE 15,2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENT ITEMS ......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Approve No Parking Reso1ution/148th Lane NW (See Resolution R047-10) ............................ 2 Approve Waiver to Water Hookup/09-371138th Avenue NW & Xavis Street NW/Water Main Extension CDBG .................................................................................................................. 3 Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest................................. 3 Adopt Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of Assessments & Reduced Sanitary Sewer Rates (See Resolution R048-1 0). 3 Approve Resolution Accepting GrantlCenterPoint Community Partnership GrantlFire Department Pages (See Resolution R048-10) ......................................................................3 Declare Surplus Equipment................ ................................................................ ....... ................. 3 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ...................................3 CONSIDER CONDITIONAL USE PERMIT/SUBSTATION EXPANSIONI1635 AND 1657 BUNKER LAKE BLVD NW Motion to Table.......................................................................... 3 CONSIDER CHANGES TO CITY CODE 5-4 WEAPONS/HUNTING REGULATIONS.......... 5 DISCUSS AWARDING BID/08-33/CITY BRIDGES SCOUR EVALUATION (See Resolution R05 0-10)............................................. ........... ................... ........................................................ 10 APPROVE MEMO OF UNDERSTANDING (MOU)/NORTH METRO SOCCER ASSOCIA TION/09-18/HA WKRIDGE PARK RECONSTRUCTION ................................... 10 ADMINISTRATOR REPORT ..................................................................................................... 10 MAYOR/COUNCIL INPUT ........................................................................................................ 11 Annual Golf Tournament .......................................................................................................... 11 Councilmember running for County Commission.................................................................... 11 ADJOURNMENT......................................................................................................................... 11 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: July 6, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION. Claims totaling $418,059.89 on disbursement edit list #1- 3 from 06/15/10 to 07/02110 have been issued and released. Claims totaling $256,929.05 on disbursement edit list #4 dated 07/06/10 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 REOUESTED The Andover City Council is requested to approve total claims in the amount of $674,988.94. Please note that Council Meeting minutes will be used as documented approval. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public Works / City Engineer SUBJECT: Approve Change Order #1/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment - Engineering DATE: July 6,2010 INTRODUCTION This item is in regard to approving Change Order #1 for Project 09-22, Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment. DISCUSSION Change Order # 1 is for the removal of a tower footing and screening topsoil/sand for reuse on the site. A footing that was 6' -8' in diameter and 20' in depth was removed. Also the topsoil/sand had debris and tree roots and was not suitable for topsoil or engineered fill. It was more cost effective to screen the material than to haul off and dispose of and bring clean fill back in. BUDGET IMP ACT The cost ofthe change order will be assessed to the Kwik Trip property as part of the project. ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order #1 for Project 09- 22, Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment. Respectfully submitted, c;)~Q.~ David D. Berkowitz Attachments: Reso1utio::;: Change Order #1 ../ cc: Leah Nicklaus Berlin, Kwik Trip, Inc. - Store Engineering, 1626 Oak Street, P.O. Box 2107, La Crosse, WI 54601-2107 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER ttL TO PROJECT NO. 09-22. BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY STREET REALIGNMENT. WHEREAS, the City of Andover has a contract for Project No. 09-22, Bunker Lake Boulevard NW Frontaqe Road/Jav Street Realiqnment. with Rum River Contractinq, Inc of Princeton, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 09-22. Adopted by the City Council of the City of Andover this 6th day of Julv ,2010. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk Jun,29, 20102~ 2:23PM 763'Rum River Contracting CITY OF ANDOVER No. 1771 P. 2GE 04/06 CHANGE ORDER Chn\lgc Order No.: I DlIte: 6/24/10 sheet: 1 <If 1 Project Namc~ Bunker tnke Blvd. frontagc Road IJay St. Reconstruction .. PrqjcctNo.: ~~-2J_ C:;ontr8ctor: Ruin River Contrnoting You are hereby (lirected to make the following change to your.:ont\'llct dated June :2411). 2010. th() change aIld the work affected \\1e._hy is subject to all CO\llract stipulations and cOVCI'Il\!Itll. This ohn.\lge order will (increase) (~) (fl<l- ~) the contruct Slim by ~.._$J 1.484.5.5 Dolhl.f~ ($xxxx.Jlx). 111is Change Order provides for the following extra work: Q_m:rintion ItWletl.Se (!)ecrease) Remove towcr footing $5,066.0.5 Screening topsoil (1500 Cy @ $3,89/CY) $6,418.50 - Total Amount of C1langc Order $11,484.55 Amount of Original Contract $143,793.85 Additions Approved to Dale (Cbnnge Order II~----.J $0.00 '1"f'T Doollctlons Approved to I)ate (Chaglil Order # ~ $0.00 - Contruct Amount to Date $148,793.35 Amount of this Chonge Order (Add) (Deduet) (No Change) $11,484.5'.5 Revised Contmct Amount $160,:278.40 Appl"Q'Vnl: City of Andover By: David D. Serkowil1! - Nome Direlrtor of,l'W I City Engineer VI e,<L Yre-5111€.l'lt ,('5"" lee. Title 1'111e Sign3t\\TGl DfttGl Signllblr. D\l.te Change Order 1 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayo, ""d Council Member.. ~ CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public s ity Engineer \:>DD FROM: Jason J. Law, Asst. City Engineer SUBJECT: Award Bid/09-37/138th Avenue NW & Xavis Street NW Water Main Extension/CDBG - Engineering DATE: July 6, 2010 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 09-37, 138th Avenue NW & Xavis Street NW /Water Main Extension. DISCUSSION The bid opening was held on June 30, 2010. The three lowest bids received are as following: Contractor Bid Amount Rum River Contracting Co. $237,246.00 North Valley, Inc. $242,120.37 S.R. Weidema, Inc. $243,541.00 Engineer's Estimate $235,000 Please refer to the attached bid tabulation for a breakdown of bids and unit prices. BUDGET IMPACT The project will be funded with CDBG funds administered by Anoka County. This includes construction costs as well as all indirect costs related to the design and construction up to a total project cost of $300,000. There are no costs or assessments to the existing parcels proposed with this improvement project. Should they so choose, the parcels would have to petition the City to connect to the new water service lines, at which point a feasibility report would be prepared to determine water area and connection charges for each parcel. ACTION REOUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Rum River Contracting Co. in the amount of $237,246.00. for Project 09-37, 138th Avenue NW & Xavis Street NW Water Main Extension. ly submitted, fILr ason J. aw Attachments: Reso1utio~ Bid Tabu1atio/ 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. 09-37. 13STH AVENUE NW & XAVIS STREET NW WATER MAIN EXTENSION. WHEREAS,pursuant to advertisement for bids as set out in Council Resolution No. 046-10 ,dated June 1, 2010, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Rum River Contracting Co. $237,246.00 North Valley, Inc. $242,120.37 S.R. Weidema, Inc. $243,541.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contractino Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contractino Co. in the amount of $237,246.00 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 reoular meeting this 6th day of Julv , 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 m~~ggg~gg~re~~~~~ 8g~8gg8~re8g8gg~~~88g8g88~ 8gg88g~gg~ ~~~ ~ ~~~~~a~~~g~~~a~m~ ~l~~~RR~~~~~~~~m~~~~~gggg~ ~g~~a~g~~~m ~~g ~ g g~~~~~~~ii~;;~~ii ~ 6~~~~;~~~~~N~;0~~~~i~~~~i~ 6 g~~;~i~~~~~ g~~ ~ 1S.... 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Law, Assistant City Engineer SUBJECT: Approve Plans & Specs/Order Quotes/l0-7, 2010 Trail Maintenance & 10-25, 2010 Parking Lot Maintenance - Engineering DATE: July 6,2010 INTRODUCTION The City Council is requested to approve plans and specifications and order quotes for Projects 10- 7,2010 Trail Maintenance & 10-25,2010 Parking Lot Maintenance. DISCUSSION In 2004 a Pavement Maintenance Program was put in place for the City of Andover's Trail System. The engineering department annually updates the plan as more trail segments are constructed throughout the City and revises the plan accordingly to fit into budgetary constraints. Parking Lot Maintenance has been completed for the past several years. A product similar to what is used on the trails is being used on City owned parking lots and park facilities to prolong the life of the infrastructure. BUDGET IMPACT This project is identified in the 2010 - 2014 Capital Improvement Plan. ACTION REOUIRED The City Council is requested to approve the resolution approving plans and specifications and ordering quotes for Projects 10-7,2010 Trail Maintenance & 10-25,2010 Parking Lot Maintenance. y:JIY subnll""~ - ~- Jason J. Law Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECTS 10-7. 2010 TRAIL MAINTENANCE & 10- 25.2010 PARKING LOT MAINTENANCE. WHEREAS, pursuant to Resolution No. 087-09, adopted by the City Council on the L day of November , 2009, the City Enaineer has prepared final plans and specifications for Project Nos. 10-7 & 10-25.; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of July , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council to hereby direct the ....Ql!y Enaineer to solicit quotes for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 6th day of July , 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 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 Council Members CC: Jim Dickinson, City Administrator / Finance Director David D. Berkowitz, City Engineer/Director of Public Wor FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Approve Removal of3 Way Stop Sign/16Sth Avenue NW & Zuni Street NW- Engineering DATE: July 6,2010 INTRODUCTION The City Council is requested to approve the removal of the existing stop signs for the east-west traffic on 165th Avenue NW at Zuni Street NW. DISCUSSION This intersection is currently a multiway (4-Way) stop that was installed a number of years ago. This multiway stop does not meet the criteria identified in the MN Manuel on Uniform Traffic Control Devices in which the City follows for proper standards and rules to be utilized for placement of such signs. Please refer to the attached section of the manual, section 2B. 7 MuItiway Stop Applications, for the placement criteria. Following the manual provides the City with consistency throughout the City on when and where signs are placed. Staff did receive 1 call from residents concerned about the removal of the stop sign due to the speed of the traffic. Vehicle speed is the concern in the area as 165th Avenue NW has a speed limit of 55 mph as the street does not meet the 35 mph state statue requirements for rural areas. The side streets will be posted 35 mph as they do meet statue requirements for a rural area. If the stop signs are approved to be removed, staffwill evaluate to ensure "Watch for Children" signs are installed coming into the general area ofthe neighborhood. Attached is a copy of the letter that was sent to residents notifying them of the removal of the all way stop. ACTION REOUIRED The City Council is requested to approve the removal of the existing stop signs for the east-west traffic on 165tl1 Avenue NW at Zuni Street NW. Respectfully submitted, ~0~ r Todd J. Haas Attachments: Sec.2B.7 MN Manual on Uniform Traffic Control Devices, Letter to residents & Location Map 2B.6 STOP Sign Placement 2B.7 Multiway Stop Applications /.... ~.(lI;JI I SUPPORT: I I , The STOP sign shall be installed on the right side of the Multiway stop control can be useful as a safety measure ' , . ~proach lane to which it applies. When the STOP si is at intersections if certain traffic conditions exist. Safety is 'concerns associated with multiway stops include installed at this required location and the sign visibi . pedestrians, bicyclists, and all road users expecting o~er restrict d, a Stop Ahead sign (see Section 2C.29) s be road users to stop. Multiway stop control is used where the installe in advance of the STOP sign. . volume of traffic on the intersecting roads is approximately The S OP sign shall be located as close as practi to the equal. intersecti it regnlates, while optimizing its visib' Ity to the road user i is intended to regulate. The restrictions on the use of STOP signs described in STOP si s and YIELD .signs shall not be m Section 2B.5 also apply to mu1tiway stop applications. same post. !'GUIDANql' I - -'," ....~'.,...,"..".... "'- The decision to install multiway stop control should be based on an engineering study. There shoul The following criteria should be considered in the STOP sign in a engineering study for a multi-way STOP sign installation: sign. A Where traffic control signals are justified, the multi- Compliance way stop is an interim measure that can be installed I SUPPORT: I quickly to control traffic while arrangements are being made for the installation of the traffic control signal. Section 2A.16 con . onal information about B. A crash problem, as indicated by 5 or more reported separate .and combined of other signs with STOP crashes in a 12-month period that are susceptible to signs. correction by a multi-way stop installation. Such 1'~4'fMi!;1 crashes include right- and left-turn collisions as well as right-angle collisions. -. Stop lines when used t pplement a STOP sign, should , , C. Minimum volumes: t. be located at the point w e road user should stop (see 1. The vehicular volume entering the intersection from '. Section 3B.16). the major street approaches (total of. both If only one STOP talled on an approach, the approaches) averages at least 300 vehicles per hour STOP sign should no n the far side of the inter- for any 8 hours of an average day, and section. 2. The combined vehicular, pedestrian, and bicycle Where two road intersect at . acute angle, the STOP volume entering the intersection from the minor sign should be po . oned at an ang or shielded so that the street approaches (total of both approaches) legend is out .of w of traffic to w h it does not apply. averages at least 200 units per hour for the same 8 Where there i a marked crosswalk t the intersection, the hours, with an average delay to minor-street STOP sign sho d be installed approxi ately 1.3 m (4 ft) in vehicular traffic of at least 30 seconds per vehicle advance of crosswalk line nearest the approaching during the highest hour, but traffic. 3. If the 85th-percentile approach speed of the 1ll!ljor- OPTION: street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the . At wid throat intersections or where two or more above values. approach es of traffic exist on the si d approach, D. Where no single criterion is satisfied, but where observan of the stop control may be imp ved by the Criteria B, C.1, and C.2 are all satisfied to 80 percent installa' n of an additional STOP sign on the Ie side of the of the minimum values. Criterion C.3 is excluded road or the use of.a stop line. At channelize inteJ;'sec- . tions, t e additional STOP sign may be effectively laced on from this condition. ach elizing island. "- 2B-3 May, 2005 I OPTION: I C. At the second crossroad of a divided highway, where Other criteria that may be consider~d in an engineering the median width is 9 m (30 ft) or greater. A STOP sign may be installed at the entrance to the first study include: roadway of a divided highway, and a YIELD sign may A. The need to control left-turn conflicts; be installed at the entrance to the second roadway. B. The need to control vehicle/pedestrian conflicts near D. At an intersection where a special problem exists and locations that generate high pedestrian volumes; where engineering judgment indicates the problem to C. Locations where a road user, after stopping, cannot be susceptible to correction by the use of the YIELD see conflicting traffic and is not able to reasonably sign. safely negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood -2) sign shall be used to a ign right-of-way collector (through) streets of similar design and a roundabout intersecti operating characteristics where multiway stop control 2B.1O Sign Placemen would improve traffic operational characteristics of the intersection. mmi1!lmI 2B.8 YIELD Sign (R1-2) The YIELD sign s I be installed 0 the right side of the approach to which it a lies. YIELD s shall be placed on both the left and righ sides of ap oaches to roundabout intersections with mo than 0 lane on the signed approach where raised s litter isl ds are available on the left side of the approach. en Y1ELD sign is installed at this required location an the visibility is restricted, a Yield Ahead sign (see Sec 'on C.29) shall be installed in R1-2 advance of the YIELD sign. 900 x 900 x 900 mm The YIELD sign shall be cated as close as practical to 36" x 36" x 36" the intersection it regulates, e optimizing its visibility to &~I,ii1mJ the road user it is intended 0 gulate. YIELD signs and STO sign shall not be mounted on the ' . , The YIELD (R1-2) sign shall be a downward-pointing same post. equilateral triangle with a wide r d border and the legend Itij!tWm~1 . YIELD in red on a white backgr d. There should be -of-way to traffic on certain YIELD sign in a m . Vehicles controlled by a YIELD sign. Compliance I SUPPORT: I 2B.9 -YlEL Section 2A.1 contains additional information about I OPTION: I separate and co bined mounting of oth signs with YIELD signs. .@~o;~ YIELD . es, when used to supplemen a YIELD sign, should be I ated at a point where the road er should yield (see Sectio 3B.16). Where two roads intersect at an acute an , the YIELD sign should be positioned at an angle, or shield d, so that the legend is out of view of traffic to which it does not apply. Except at roundabout intersections where there is a marked crosswalk: at the intersection, the YIELD sign should be installed in advance of the crosswalk: line nearest to the approaching traffic. May,2005 2B-4 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US June 22, 2010 Re: Removal of Existing Stop Signs/165lh Avenue NW and Zuni Street NW Dear Owner/Occupant: Over the past few years the City of Andover has been updating traffic sign throughout the City. Nine zones (9) are identified throughout the City in which signs are being removed, replaced or relocated along with potentially new signs being placed. Zone 3 in which you preside is currently being worked on. The reason for this letter is to notify you that the existing 4 way stop sign at the intersection of 165th Avenue NW and Zuni Street NW will be removed. The reason the City will be removing the stop signs for the eastbound and westbound traffic along 165lh Lane NW is due to a couple factors that have come into play. First, the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) mandates local authorities to place and maintain traffic control devices, as they deem necessary to carry out the provisions of Chapter 169 or local traffic ordinances, or to regulate, warn or guide traffic. Based on the engineering review of the guidelines in the MMUTCD, the existing all-way stop does not meet the guidelines as outlined. Second, stops signs are not a good use for speed control. Research suggests that at most locations, increasing the level of intersection control will not improve safety and also can provide a false sense of security as some motorist's tend to roll through stops signs or in some cases not even stop at all. If you have any questions or concerns, please contact me at (763) 767-5131 or Dave Berkowitz, City Engineer at (763) 767-5133 by Friday, July 2nd. Sincerely, ~/~ Todd J. Haas Asst. Public Works Director T JH:rja '" .,. <D <D ,,0 o -(,. . ef; . ~\"J '0 '0'< <' .~~ e; 0: '\\O~ o J ~ ,y' 16604 '" o <D <D 16550 ~ g ----- . " . --. . - ~ ;; .,. ;g ~"' ".. i ~ ~ f-g ,-,-".. 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V':~'. , , \ \ I ' '-. cq\ -!~ ~ I /--~ ~ tj-l J 1/ ; ~ I S~S9~ / . ! /r ] -. _J_______________. /// . ~ i YAKIMA 8T .. ;::; -....-....-....---.r---.... ~ -.t N '" \:S9~:2 '<"' .... ....-..........-..--....r-......----.-.....---... ! L(') T- I '<"' O'l ~\:S9~ ! :g I ;Z S€V9~ g~v9~ ~91:9~ 6€1:9~ I.... '<"' 1 .....___..._ .J ~ _LS1NnZ ..., . i---- ------ -1-- - - - - - __n - -- - -.....-....-...--..........----- i ~ N IN! N (Ii ~ I I,(") : -..t g L(') i ~ ~ M '0 ~ i ~ v\:v9~ I v~v9~ 09\:9~! ~ I Z ~ ~-----l--.--j-------.- _m__ i---------I ~ O~~S ~ ii' I i. e::: ~ ..., i [ i C'0 ~ T'" i I ! <0 g. I.t"); I ., j u @ 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 FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/09-18/Hawkridge Park Reconstruction/Well- Engineering DATE: July 6, 2010 INTRODUCTION The City Council is requested to approve plans and specifications and order advertisement for bids for Project 09-18, Hawkridge Park Reconstruction/Well. DISCUSSION The construction of a well at Hawkridge Park will provide water for irrigation and for a future warming house/storage building. The well is scheduled to be completed along with the irrigation system by the time the site grading is complete and the seed and/or sod is placed. BUDGET IMPACT The well construction was estimated at $84,000 as part of the overall project cost. This will be funded by the donation from North Metro Soccer Association. ACTION REOUIRED The City Council is requested to approve the resolution approving plans and specifications and ordering advertisement for bids for Project 09-18, Hawkridge Park Reconstruction/We1l. Respectfully submitted, Q..,.co.0. David D. Berkowitz Attachments: Resolution / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 09-18 , FOR HAWKRIDGE PARK RECONSTRUCTION/WELL WHEREAS, Bolton & Menk, Inc. have prepared final plans and specifications for Project No. 09-18.; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of July , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public quotes as required by law, with such bids to be opened at 11 :00 a.m. , Auqust 2 , 2010 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of July , 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 Clerk @ 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 Clerk SUBJECT: Consider Approval Application for Exempt Permit/Andover Center Ice Club DATE: July 6, 2010 INTRODUCTION Andover Center Ice Club has submitted an application for a raffle on October 9,2010 at Tanners Station. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REOUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, lfh(;~~ Michelle Hartner Deputy City Clerk Attach: Application Minnesota Lawful Gambling Page1of2 2110 Application fee for each event LG220 Application for Exempt Permit If a lication ostmarked or received: . An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 . ORGANIZATION INFORMATION Check # f?.-l.-{ g-' $ So Previous gambling permit number fJ DoVr. C--UJ\Ef'~ IC~ C,.[,.UfS Type of nonprofit organization. Check one. D Fraternal D Religious DVeterans Other nonprofit organization Mailing address City State Zip Code County ISZ \,JPL?\-IJ 5'. AN DOVce- lNvJ 5'530 '-f ANorA Name of chief executive officer (CEO) Daytime phone number Email address f:f:ll c Of(fNW (P /7---]&(P-59 7 ~t:J oj( I wW @ CornC1t3l. E_I Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer n.umbers as they are not proof of nonprofit status. D Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, SI. Paul, MN 55155 Phone: 651-296-2803 ~RS income tax exemption [501 (cll letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. D IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. D IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) -r AJ iJ ~ SmTl O,J Address (do not use PO box) City Zip Code County ( 3& S' 5 fY\~1l "j .s-r fJW PrrJ DoV&(L 5 S' 3D Y /tNDKA Date(s) of activity (for raffles, indicate the date of the drawing) /d--1--/D - %w \ U l:". Check the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo' affles o Paddlewheels' o Pull-Tabs' DTipboards' * Gambling equipment for pUll-tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. I PrintForm I To find a licensed distributor, go to www.gcb.state.mn.us and click on List I;~~set Form I of Licensed Distributors, or call 651-639-4076. LG220 Application for Exempt Permit Page20f2 1/10 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT Ifthe gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). days. _The application IS denied. _The application is denied. . . Print county name Prmt city name . .. . On behalf of the county. I acknowledge this application. On behalf of the cily, I acknowledge thIs applIcatIon. Signature of county official receiving application Signature of city official receiving application Title Date / / (Optional) TOWNSHIP: On behalf of the township, I Title Date I / acknowledge that the organization is applying for exempted gambling - - - activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date / / CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and~~:J!'!ate to the best of my knowledge. I acknowledge that the financial report will be completed and rej ~ ~ t?~!oard1:1in 30 days of the date of our gambling activity. Chief executive officer's signature fS1~..../ Date (p ~ 2..l/. - l'b Complete a separate application for each gambing/a"ctivitY: Financial report and record keeping required - one day of gambling activity '. " . .' .. . A financial report form and instructions Will be sent With - two or more consecutive ~ays of gambling activity, your permit, or use the online fill-in form available at - each day a raffle draWing IS held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and retum the financial report form to the . a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control T G bl' C t I B d Board at 651-639-4076. 0: am mg on ro oar 1711 West County Road B, Suite 300 South I I I I Roseville, MN 55113 .' Priht Form ,Reset Form This fonn will be made available in alternative the Boar~ wi,1I be a~le!o process your. ., information; Minnesota's Department of , t (' I . t B '11) t organization s application. Your organIZation s Public Safety. Attomey General' ,onna I.e. arge pnn, ral e upon reques . name and address will be public infonnation . .' ...'. Data privacy notice:The information requested h . db th B d All th Comm[SSloners of Administration, Mmnesota on this fonn (and any attachments) will be used '!" en receive .y e. oar.. 0 er . Management & Budget, and Revenue: b th G bl' C t I B d (B d) t mfonnat[o~ provided Will be pnvate data until Legislative Auditor national and international yearn 109 on ro oar oar 0 the Board Issues the pennlt lMlen the Board . '. detennine your organization's qualifications to. th 't II" . t' 'ded '11 gambling regulatOfY agencies; anyone pursuant . I . w1i . . ... Issues e pennl ,a m,onna Ion proVl WI t rt d . th . d"d I d . be mvo ved In la ul gambling act[v[tles 10 b bl' Ifth B d d t' 0 cou or er, 0 er 10 [VI ua s an agencies . . . . ecome pu IC. e oar oes no Issue a . . Mmnesota Your organlza!lon has the right to 't II" t' 'ded . . t specifically authOrized by state or federal law to . .. penn[ a In,orma [on proVI remams prlva e h " . .. refuse to supply the Information requested; 'th th' t. f . ti-' . ave access to the Information; mdlvlduals and . . . W[ e excep Ion 0 your organlza on s name ., h' . however, If your organization refuses to supply d dd h' h '11 . bl' p' t agencies ,or W [ch law or legal order authonzes . . . an a ressw Ie WI remalnpu Ie. nvae . . . . thiS Information, the Board may not be able to d t '1 bl t B d be B d a new use or sharing of Informat[on after thiS . . ., I" a a are aval a e 0: oar mem IS, oar N f . d 'th . detennlne your organization s qua lficatlons staff whose work re uires access to the 0 Ice was given; an anyone WI your written and, as a consequence, may refuse to Issue a q consent. permit. If you supply the infonnation requested, 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 Clerk SUBJECT: Adopt Resolution Appointing Election Judges for Primary Election DATE: July 6, 2010 INTRODUCTION The City Council is required to appoint judges to serve at the Primary Election on Tuesday, August 10,2010. ACTION REOUIRED Council is requested to adopt the attached resolution appointing judges for the Primary Election. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPOINTING JUDGES TO SERVE AT THE AUGUST 10,2010 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the August 10,2010 Primary Election. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the August 10,2010 Primary Election. Precinct #1 - Hope Lutheran Church Gloria Young, Head Judge Dean Arneson David Catherson Sharon Cramer Janna Goodrich Skip Larson Carol Moeller Richard Snyder Donna Turnbom Gwen Vagle Precinct #2 - Grace Lutheran Church Gretchen Sabel, Head Judge Nancy Ahlberg Susan Christofferson Christine Deggendorf Linda Evavold Frances Gargano Joe Holloway Joann KoecWer Jerry Lapham Marie Romo Precinct #3 - Riverdale Assembly of God Church Phyllis Kieffer, Head Judge Elaine Boos Margaret Kennedy John King Rene Kroll Nanci McManus Barbara Peters Michael St. John Leon Tibbon Precinct #4 - Crooked Lake E1ementarv School Kelly Danz1, Head Judge John Catherson Leatrice Cooper Stan Graf Bonnie Lapham Ginger Nelson Carol PaW Judy Thorson Liliya Ustimchuk Michelle Winship Precinct #5 - Meadow Creek Church Luther Romo, Head Judge Carroll Abbott Don Ahlberg J an Klinsing Peter Ustimchuk Terry VanNote Precinct #6 - Bunker Hills Activitv Center Carol Mursche1, Head Judge Susan Beal Janice Fuerst Dan Frost Connie Holloway Angie Janowiec Dan Lehrer Judy Lestina Sandy Roslin Marlene Schafer Marian Smith Barb Taylor Precinct #7 - Andover Community Center Lois Spadgenske, Head Judge Shirley Beam Kim Halberg Chris Hoopman Richard Lindmark, Jr. Pat Maltzen Larry Mueller Norman Myhre Lisa Nicoski Nancy Posl Mary Sullivan John Wolf Precinct #8 — Andover Christian Church Marie Bourque, Head Judge Tami Allen Julie Haugen Michele Koester Bruce Maltzen Linda Mazzuco Denise McNeff Mary Mead Amanda Nowack Tricia Shannon John Stong Patricia Wenberg Precinct #9 — Prairie Oak Community Church Gary Horning, Head Judge Barry Cenaiko Bruce Crane Susan Fanucci Barbara Humphreys Dolores Jeska Norma Johnson Rana Mattson Gerald T. Nelson William Obedoza Lucy Schalwig Precinct #10 — Andover Elementary School Nicole Mason, Head Judge Ester Amborn James Anderson Sheila Bauer Kimberly Capistrant - Schalo Stan Deden Lois Koblitz Linda Nelson John Rosky Mike Roslin Alysha Smethurst Diane Terebenet Adopted by the City Council of the City of Andover this 6 th day of July 2010. Attest: CITY OF ANDOVER Michelle Hartner- Deputy City Clerk Michael R. Gamache — Mayor ND OVE: 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 Councilmembers Jim Dickinson, City Administrator / Finance Direct Lee Brezinka, Assistant Finance Director Approve Cleaning Services Contract/CMT Diversified July 6, 2010 0 1b. INTRODUCTION The City has a cleaning service that cleans City Hall, Public Works, and the fire stations. City Hall and Public Works is cleaned three times a week and the fire stations and Senior Center is cleaned once per week.. The contract for cleaning services through CMT Diversified expires on December 31, 2010. The new contract will include additional services paid separately for including window and carpet cleaning. DISCUSSION Finance is recommending that the City renew the contract with CMT Diversified. The City has had an excellent working relationship with this company, and is very pleased with the quality of their cleaning services. CMT Diversified is instrumental in maintaining the appearance and cleanliness of Andover's facilities. BUDGET IMPACT The fee will be $40,500 plus sales tax per year for the next three years; 2011, 2012, and 2013. ACTION REQUESTED The Andover City Council is requested to approve the attached Cleaning Service Contract with CMT Diversified. Respectfully submitted, Lee Brezinka Attachment CONTRACT This is a three (3) year contract. Thirty (30) days prior to the anniversary date we will be in contact for a renewal and to discuss any new potential cleaning duties, terms, etc. A thirty (30) day written notice is needed to end this contract. With the proper thirty (30) day notice, this Agreement will end at midnight on the anniversary date. Otherwise, this contract may be terminated for non - performance. Either City of Andover or CMT Diversified may end this contract for non - performance by following these steps: The party who wishes to end this contract must give the other party a written notice detail the "nonperformance" which is causing the claimant to consider ending the contract. 2. The party in fault will have thirty (30) days to fix the problem to the satisfaction of the claimant. If the "nonperformance" is corrected to the satisfaction of the claimant, this contract will remain in effect. 4. If the "nonperformance" is not corrected to the satisfaction of the claimant, the claimant must then give the defendant a written notice detailing why they feel that their needs are not being fairly met. This contract will then terminate thirty (30) days after the party has received this second notice. These steps can be waived, and this contract can be terminated immediately if both City of Andover and CMT Diversified agree to this. The signature of the City of Andover representative who has authority to form this agreement with CMT Diversified and the company they represent indicates that City of Andover understands and agrees with all of the terms of this contract. El Janitorial services for City of Andover AND Floor Services at outlined on The attached at a monthly rate of $3,375.00 + tax A 6.875% Minnesota sales tax will be added to the monthly janitorial service prices when billed. Please indicate the following start date: City of Andover Date Marcia Krupa Date CMT Diversified Lee Br zinka From: Marcia Krupa [cmtdiversified @yahoo.com] Sent: Wednesday, June 23, 2010 1:53 PM To: Lee Brezinka Cc: Ron Scott Subject: 3 YR CONTRACT PROPOSAL Lee - I looked over the 3 year proposal with an increase each year and also after speakin with you Lee, I would instead propose the following: Beginning January 1, 2011, a 3 year contract at the rate of $40,500 + 6.875 tax for the 3 year term which would include the following additional services below: ** Carpet cleaning for City Hall, Public Works and the Fire Depts 1 & 2 at lx per year ** Auto scrubbing the tiled floors at City Hall, Public Works, and Fire Depts 1, 2, 3 at 2 X e * * Window cleaning - interior and exterior for City Hall, Public Works, 3 Fire Depts, and Water Treatment (outside only) 1 x perms ** Strip and Wax VCT Floors at City Hall, Public Works 2x per year As you are aware - we are very detailed and the work will be getting performed as scheduled and also you will be notified when we are doing it. Thank you and appreciate it! - Marcia A C I T Y I • NDOV 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 Administrat( 101:10]51 Michelle Hartner, Deputy City Cl,1. SUBJECT: Consider Approval/Extension of Liquor License /Beef O'Brady's DATE: July 6, 2010 INTRODUCTION Matt Zeece, of Beef O'Brady's has submitted a request for an extension of their liquor license. DISCUSSION Beef O'Brady's is planning to hold an outdoor event Saturday, August 14, 2010 and would like Council to approve an extension of their liquor license to include a portion of the parking lot in front of the patio area. Tom Roberts, Stonewood Properties, Inc. the owner of Clocktower Commons leasing to Beef O'Brady's has given approval for Beef O'Brady's to hold their outdoor event. ACTION REQUIRED Council is requested to consider the extension of liquor license request submitted by Beef O'Brady's for August 14, 2010. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: Outdoor Event Application Email from Tom Roberts, Stonewood Properties, Inc. Police Report Jun 14 10 12:17p 763 -434 -2707 p.2 --. _ .. _ _ 1.11 Y ur RNWVkN PAGE 82103 U Y O F O 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER. MINNESOTA 55304 - (763) 755 -5100 PAX (7691 755 -8923 - WWW.CI.ANO©VERAMN.US OUTDOOR EVENTS ARE PEBIM U ON WEEKENDS OWDAYS AND SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT MUST END AT MIDNIGHT. Commercial Outdoor Event Application Name of Buslnese Owner: NameofB usiacis. Be c-f 'U AddressofBusiness: JSf `/d Phone Number. 1 1 3 y- Z-760 2. Datc(s) of Outdoor 3. Time of Event: q 6F °' /: 4 P / z 6 'd ,O1b1 4. Location of Tent and/or Band: 6 rs /j G r kr� 1. f (,Provide a sketch on the back of this £ozxn detailing where the t t, stage and/or band will be located on the property, indicating lot bouadary lines and building locations.) S. Extension of Liquor License: Yes No Applicant of this application will comply with Andover City Code 5-6, Noise Control. The business is required to provide seeulity for. the outdoor event. Dated: �' J`f r1 ` / -- �At 7 Owner's sig�tature APProved: Denied: City Clerk CouneiI Actioa: Approved Denied Date: Jun 14 10 12:18p 763 -434 -2707 p.3 ��•_�•��- �.� VJIJJQa {J �iir ur WrvuuvtK RAGE 03!83 -PROVIDE A SKETCH OETAILTNG WHERE THE TENT, STAGE AN.13 1OR BAND WILL BE LOCATED ON THE PROEERTy, INDICATING LOT BOUNDARY LINES AND BUILDMG .LOCA'TIONS. Jun 14 10 12:18p 763-434-2707 p.4 Page 1 of 2 Tent Party F;olll vi: CUm� Tc ','mJ,n,-A.20-.010442!AW Matt it is ok with BDT Holdings that you have a tent party in August with Fire Fighters. Good Luck Torn Roberts .....I ................. Stonewood Poperes, Inc 6484 Pinnacle Dr. --- ....................... Eden Prairie, MN 55346 ...11.11 .... ...................1...1..1.1.. 952-934-1423 offloe —11 .... .............. 952-934-4697 fax ...... -.1 ............... 612-790-2766 call ..................... http-.//us.ing4.niail.yahoo.com/dc/launch?.gx=l&.rand--f2li5l8bpxusq 6114/2010 Michelle Hartn From: Laura Landes [Laura. Landes @co.anoka.mn. us] Sent: Thursday, June 17, 2010 8:44 AM To: Michelle Hartner Subject: Re: Noise Complaint We received one; it came from the area of 15xa 153 Lane NW at 22:26: DISPATCHED A NOISE COMPLAINT AT BEEF O BRADYS. THEY HAD A PERMIT. ANDOVER FIRE CHIEF 1 WAS ON SCENE AND ADVISED BY PHONE TO TURN DOWN THE MUSIC. HE STATED HE WOULD GET IT DONE. NO FURTHERINFO DEPUTY SCHULDT >>> "Michelle Hartner" < MHartnerCa)ci.andover.mn.us > 06/15/2010 10:23 AM >>> Hi Laura, Sorry to bug you, I know you are busy with Safety Camp. When you get a chance can you check for any noise complaints reported August 22, 2009 for Beef O'Brady's (15190 Bluebird St. NW) outdoor event. Thanks again for your help. Have a great day! Michelle Hartner City of Andover This email has been scanned by the MessageLabs Email Security System for the City of Andover. For more information please visit http: / /www.messagelabs.com /email NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and /or may be disclosed to third parties. 1 ND OVE: 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 Will Neumeister, Community Develo en Director FROM: Courtney Bednarz, City Planner* L� SUBJECT: Consider Conditional Use Permit/Substation Expansion/1635 and 1657 Bunker Lake Blvd. NW - Planning DATE: July 6, 2010 INTRODUCTION This item continues the discussion from the June 15 Council meeting. DISCUSSION At that meeting the Council asked for a revised landscaping/screening plan to provide screening along the south and east sides of the substation. A revised plan is attached. The plan shows substantial plantings along the south, east and north sides of the substation in addition to the fence slats that were previously proposed. Photographs that correspond with the plant list on the landscaping plan are attached. Anoka County Highway Department Staff met with Anoka County to discuss their concerns related to landscaping in their right -of- way and near the intersection of Hanson and Bunker Lake Boulevards. They indicated that the proposal would be acceptable provided an agreement between the city and county was put in place, including a long term maintenance plan to ensure the plantings would not adversely affect public safety. The attached site distance graphic shows the clear view area that needs to be maintained along Hanson and Bunker Lake Boulevards. AS the graphic illustrates, the clear view area touches the fence along Hanson Boulevard. Plant material should not exceed 3.5 feet in height above the road elevation in this area to comply with Anoka County Highway Department policy. Long Term Maintenance Agreement A condition of approval has been added to require a long term maintenance agreement between Great River Energy and the city to ensure that the plants will survive or be replaced. In addition, Great River Energy will be responsible for trimming plant material to ensure that it complies with the Anoka County Highway Department policy. Irrigation 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 the attached letter to address this item. It is proposed that the long term maintenance agreement take the place of irrigation. Recap of Proposed Changes to the Site 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. 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 con 'iy e mitted ednarz Attachments Resolution Location Map Proposed Landscaping Photographs Revised Landscaping Plan Site Distance Graphic Separate Attachment Packet — Blue Cover 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 Z • Grading Plan • Electrical Layout • Side Elevations • Lightning Protection Plan • Previous 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 F 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 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. 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 substantially conform to the plans stamped received by the City of Andover May 18, 2010. The landscaping plan shall substantially conform to the drawing stamped received by the City of Andover June 30, 2010. 2) The applicant shall enter into a long term maintenance agreement with the city to ensure that the proposed landscaping survives and matures to provide screening of the site as shown on the landscaping plan in compliance with Anoka County Highway Department policy. 3) The applicant shall obtain approval of a commercial site plan from the city. 4) The applicant shall obtain a building permit for the foundations of the proposed substation and shield poles. 5) The applicant shall obtain permits from the Anoka County Highway Department and Coon Creek Watershed District as required to implement the proposed project. 6) The cost of modifying 138 Avenue NW to provide an access to the subject property shall be the responsibility of the applicant. y 7) A variance to waive the curbing requirement of City Code 12 -13 -8 D. for the proposed drive lane improvements is granted. 8) The Conditional Use Permit shall be subject 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 , 2010 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk r Incorporated 1974 ___ ------ I Conditional Use Permit Great River Energy / Connexus Energy Substation Expansion 1823 1711 /C\ L 1130 1750 13901 1850 IE BLVD 13655 n 13633 w 1891 1893 13545 ° 881 B1 NO 13817 I 13829 13809 13811 13797 ff�77 1777 1786 ^ ^ 1714 P 13625 Hills of Bun ec�r -- //��Lake West F / I / \ 1557 " 7¢0 27 ' w rn Fc 0 N r 139 M 13946 It � 13934 m ^ 13625 ('1 13533 13535$ 13530 496 1349 `r ro 34 98 95 13476 `* 1 p Sub ect Properties N W� E �Y 73874 13838 J 13826 i ED Z ^ b oo ^b��^g� 13790 13791 M np 0 v v M Q 2 N � 13778 13779 N Q N 1485 lD o ' a dj N o 1426 BUNKER LAKE BLVD 1530 1350 13625 ('1 13533 13535$ 13530 496 1349 `r ro 34 98 95 13476 `* 1 p Sub ect Properties N W� E �Y Proposed Landscaping Photographs Austrian Juniper rte.: r Common Lilac r Al ' 1 Y ' Pink Spire Crab Bur Oak �� Pattern Perfect Maple Autumn Blaze Maple isL m PC t� n- r Ja � 1 l 7 Prairiefire Crabapple a p ww 3 wo °o�mw si FO o O � NZw K I i v1 LL �'p �6 2 O K p WW3� I Q Wrc € Kvi 3 �3 w p3 0 ° ° I�_^ 3 ° 0 w3 �i 8o w I- p o u =wzo~O 1 �wp Q oz m p z �t z0 Z oa zNrmF �czow g5 O � i�w ° off € pQ= O3O �' 3 z]x xr 3 E� < �w lw° �w of 6dd~Uiw wWi LLJ d Z . 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O o a� w W° O z z F � In (V •9 Ly` i a rc rc � rc < z OOa w w< € Li r o Q�e ° K z w ¢ J H J in w z 0 F ]� 5 0 U Q oaf p w V j�l ¢ I z rc o o c €< m 0 ow N ZJ6 ° ° z =Z �W Oejd p i W SaE c < gym= W S 0 Z UO E 3 Z m m o� e a 1 _l N w wC��z Ci aS z aa r� w O O 6 U Z Z s w w N o > > > z z ° W � Lu J 0 0 \ �I a N N v; �^ m m N i rc rc � rc < z a i w z 0 U w Y m V U m 0 m � ± LJ o — � � z � U s- to Wns S 01021oc19 'mW' !it 30.. %2• V%Coal wJ lJu \\ C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Devel me Director FROM: Courtney Bednarz, City Planneip SUBJECT: Consider Conditional Use Permit/Substation Expansion/1635 and 1657 Bunker Lake Blvd. NW - Planning DATE: July 6, 2010 INTRODUCTION This is a cover for the separate attachment packet for this item. DISCUSSION The attachments were previously provided at the June 15 Council meeting. ACTION REQUESTED Please add these materials to the information for this item. Separate Attachment Packet — Blue Cover 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 • Previous Landscaping Plan Substation Aerial Photograph March 30, 2008 -� I � Oh_ I. -� I � Oh_ 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 *,% * I Contains 10o% post consumer waste °- 3 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, Ri k Heuring, SRTA Sr. Field RepresentatLVe Great River Energy Greg ch tte, P.E" Subs n Engineer Great River Energy 9 -'�d / . Mike Felber, P.E. Substation Engineer Connexus Energy 6 GREAT _R ENE R GY 12300 Elm Creek Boulevard ^ Maple Grove, Minnesota 55369 -4718 0 763 -445 -5000 ^ Fax 763 445 -5050 e www.GreatRiverEnergy.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 th , 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 TOUCIISLooe Energy' Cooperative j Iti y / 65 Contains 100% post consumer wa5le 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, rte. 7 � Rick Hearing, SR/W Sr. Field Representative Great River Energy 5 ® IN, R 0 z U ) Z Z - LU Cf) LLI > Vd U J W > LLI LU FDJ 1� >= LU LL (f w 0 M The Bottom -locic slat provides an economical and attractive way to enhance any chain link fence. Filtrona Extrusion is the largest manufacturer of l~ Bottom Lack, 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 he assured of the highest standards in quality ' from the raw materials used in manufacturing to the finished product in your fence. r t 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. ' A STANDARD HEIGHTS: 4 5 6, 7, 8,10 and 12 feet. Special heights available upon requests. WIND LOAD AND PRIVACY FACTOR: Approximately 75 %. SLAT LENGTH: 3 1 /2 " shorter than overall height of fence. Ask for details about the 25 -year warranty. v rI-OW fi i white green brown black beige 1 gray redwood 'Exact neprosenialion of slat colors in printing is difficult. royal blue Please refer to actual color samples for final matching. light Covered by one or more of the follomng potenls: US Patent 4,125,044 / 5,165,664 / 4,995,591 �s � /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 producis tram �r� exTnasro , _� ) � ����) i �1 �� �OTTWA LOCK SIZE SPE ���J91r i!:9l' BOTTOM LOCI( 2" 1 2" 9 OR 11 82 10 LINEAR FEET BOTTOM LOCI( 2 1'i +" BOTTOM LOCK 1 'i+" 1 /" , 2'/+" 11 11 78 1' /4" & 2" 6, 9 OR 11 97 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. 10 LINEAR FEET 10 LINEAR FEET (.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 reaching this temperature. WINDLOAD DISCLAIMER LIMITED WARRANTY Filtrona will not be responsible for fence damage resulting from wind load Bottom Lock carries a 25 -year, pro -rata warranty against breakage under conditions due to insufficient structural support. normal conditions. Write Filtrona Extrusion far full warranty information. INSTALLATION INSTRUCTIONS Insert rail horizontally in first full diamond at bottom of fence with open side facing up. Step 2 Step 3 U Insert vertical slats with beveled/ Push the vertical slot into notched end downward. Slat engages the horizontal channel to and interlocks wish bottom rail. Lock-In Place. Complete Contact your local fence professional for more information about our complete line of enhancement products. 4( II ( ILA T&J Enjoy a beautiful fence that was simple to install. 1 L i. ' 7 T&J Enjoy a beautiful fence that was simple to install. Proposed Substation Photographs c v v 0 L C Q G L d Q W !A E O L LL 3 v 12 sw °i i t zit roll 4 E CL 0 E ad 0 a in t 0 z LL 3 v 9 v E v 0 0 CL E Q 0 z 3 v N i Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 2 PUBLIC HEARING. CONDITIONAL USE PERMITAMENDMENT (10 -7) TO CONSIDER EXPANSION OF THE GREAT RIVER ENER G YICONNEXUS ENER G Y S UBS TA TION L 0 CA TED AT 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 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. 15 Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 3 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 approval 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. 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. NI Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 4 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. 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 11 Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 5 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. 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. 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MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administ Will Neumeister, Community Courtney Bednarz, City Plannert Consider Changes to City Code 5 -4 Weapons/Hunting Regulations (continued)- Planning July 6, 2010 INTRODUCTION This item continues the discussion from the June 15 Council meeting. DISCUSSION The Council provided staff with the following direction at the last meeting: 1. Provide clarification of hunting zone names and incorporate all of the regulations within the text of the ordinance. 2. Revise the zone boundaries to remove recent urban developments from hunting zones. 3. Review the definitions section with the City Attorney and Mr. Newbolt and suggest appropriate changes. 4. Do not change any other existing regulations These items have been completed and are reflected on the attached map and draft ordinance amendment. Petition From Smiths Rolling Oaks The previous proposal to allow bow hunting on 2.5 acres has been revised to reduce the area where bow hunting is requested as shown on pages 28 -36 of the separate blue covered attachment. ACTION REQUESTED The Council is asked to review the information provided and determine if the draft ordinance amendment 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. i i ji Attachments Draft Ordinance Amendment Summary Ordinance Proposed Hunting Map 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 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 A 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 bows, composite bows or compound bows used for target and hunting purposes as regulated and defined by Minnesota Statutes Chapter 97B. FIREARM: Sh,..,..,..s a pe ll....,,,,.,. ens, w h e th er Crn , o mafie powe red. — Means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air. HANDGUN: A h hold we apen +h ., W fled w a ff el .,.,d disehar -grog a s i n gle s h a t er pe at ., titre: weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or effected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. IMMEDIATE FAMILY: All persons related to the landowner that shall which includes the children, grandchildren and their respective spouses. RIFLE: A shoulder weapon with a long bared rog oved barrel or haff°'s and di „ s shot or- pellet at a thne. that uses the energy of the explosive in a fixed metallic cartridge to fire only a single projectile (bullet). SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels more 4iaa ene Pellet at a time, exeept when using a single . 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. For the purposes of this Ordinance, a muzzleloader. as regulated by the State of Minnesota, shall be considered a shotgun. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999; amd. 2003 Code) 5 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: 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 hunting shall be conducted in compliance with the regulations of the State of Minnesota. where the discharge of firearms or bows are permitted. Said may and the language contained and stated on the map shall become part of this section. No discharge of firearms or bows for the purpose of hunting shall be permitted except in compliance with the regulations of the State of Minnesota, the designated areas established on the City of Andover Hunting Map, the restrictions of this section and the following_ 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 target 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: q a) A minimum property size of forty acres is required for the discharge of firearms for the purpose of hunting deer. b) Permit To Hunt Deer: 1. Permit Required: An individual annual or seasonal permit is required by the city for the discharge of firearms for the purpose of hunting deer with a shotgun (slug only) in Restricted Zone South. Only landowners or immediate famil members as defined in this Ordinance are eligible for this permit. desien insfittifie °' use (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 fifty percent (50 %) or more of the adjacent landowners. 3. Time Limit On Acquiring 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. 4. 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 and discharge of firearms shall occur no closer than one - auarter (1/4) mile from any urban development, park or institutional use. c) 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. d) 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 Zone: a) The discharge of firearms and bows are prohibited. F. Exemptions From Provisions: 5 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: 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. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Michelle Hartner, Deputy City Clerk 0 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: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 7 'WR ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • W DOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Devel ment irector FROM: Courtney Bednarz, City Planner SUBJECT: Consider Changes to City Code 5 -4 Weapons/Hunting Regulations — Planning (Continued) DATE: July 6, 2010 INTRODUCTION This is a cover for the separate attachment packet for this item. DISCUSSION The attachments were previously provided at the June 15 Council meeting. ACTION REQUESTED Please add these materials to the information for this item. Respectfully submitted, Courtney Bednarz 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 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 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 OF MINUTES. 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 CIIANGES 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 05 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. 161J Regular Andover Planning and Zoning Commission Meeting Minutes —May]], 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 q Regular Andover Planning and Zoning Commission Meeting Minutes —May 11, 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. 6 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 BUSINESS. 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. 0 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, ?A 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 t ` 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 nd 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 P 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. YJ 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. PO 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 properly 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 yt 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 I Z- 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. 13 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 N 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 adj ourn. Motion carried on a 7 -ayes, 0 -nays vote. The meeting adjourned at 9:18 p.m. Respectfully submitted, Tina Borg, Recording Secretary �5 Regular Andover City Council Meeting Minutes - August 15, 2000 Page 3 CO UNT Y aSHERIFF MONT HL Y R EPORT 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 I, he stated the thefts generally go in streaks. It seems to move around; but when they bit, they tall t an area. He wasn't personally aware of the problems surrounding the new Precision Tune, but wiPl pass that onto the Department. PUBLIC HEARING. ADOP SESSME1irTROLL IIP98- 111JAY 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 r the Kottke Bus Company objecting to the purposed assessments. There was no public testimon Motion by Jacobson, Seconded by Johnson, to close the publi Baring. Motion carried on a 4 -Yes, I- Absent (Knight) vote. Councilmember Jacobson asked if the letter of objection needs to be me '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 248, FIREARM/BOW DI,SCIIARGE 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 fine should be drawn between the seasons. Those voting no were concerned with the shotguns used for waterfowl in the same area when deer hunting 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 Regular Andover City Council Meeting Minutes -August 15, 2000 Page 4 (Amend Ordinance No. 240, FirearmlBow 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 Iandowner 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 farm 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. There 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 out 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. Regular .4ndover City Council Meeting Minutes -August 15, 2000 Page 5 (Amend Ordinance No. 240, FirearWBow Discharge, Continued) Lee Packer. 3074 161 st Avenue - preferred that either the 80 acres on the comer 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 Haan 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 Paving 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 Regular Andover City Council Meeting Minutes -August 15, 2000 Page 6 (Amend Ordinance No. 240, FirearralBow 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 Iarge 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 Ieast one - fourth mile from any urban type development, that being R -2, R -3 and R -4 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 ofthe 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. Counciimember Orttel thought maybe the permit should be for the land itself so it is more enforceable. Councilmember 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), I- Absent (Knight) vote. APPROVE VARIANCE (vAR oo- 16)IFRONTAGE ON ROADILOT WIDTHISECTION 121WOJCIECHOWSIf[ 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 the front setback on property located in the NE 114 of the NW 1/4 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 ate 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 IR The "safe" slug myth: shotgun slugs are required in some areas, but why? I Guns Magazine I Find... Page 1 of 3 . Find Articles in: . All . Business . Reference . Technology . Lifestyle . Newspaper Collection Sports Publications o Comments 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. htq)://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 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 150 -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 1,408', 840', and 686' respectfully plus ricochet distances of 3,427, 4365', and 3,812'.respectfully. Now the total distances traveled by the projectiles are 4,835' for the rifle, 5,205' for the shotgun and 4,498' for the muzzleloader. "The smaller cross sectional area of the .3o- caliber projectile and its shape contributes to a higher loss of energy on impact and, after ricochet, the 30- 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 what impact this study may have on �!,. http://Rndarticles.com/p/articles/mi—mo l_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 ge 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 xpg 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 AA http: / /findarticles.com/p /articles /mi m0BQY /is_ll_53 /ai n20512665/ 12/15/2009 -0 A - r T Et��.r�v R.arrtD - 95 'S}7 - Tony Howard's proposed changes (in Red) CHAPTER 4 WEAPONS SECTION: 5 -4 -1: Discharge Ot Weapxons 5 -4 -1: DISCHARGE OF VAEAPONS: 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 weapon 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 eFbaFrels and discharges iRg a single shot or pellet at a time. SHOTGUN: A shoulder weapon witlh a smooth bored band or barrels and nominally d16dhewgesmq male 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 Provdisions: 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 firearrn within one thousand feet (1000') of any institutional use property line. 4. No person shafll dliisc e a pdMedl fireamn within one thousand feet (1000') of any urban development's property line. 5. No person shall discharge a pelleted firearnn 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 rifle er handg '" 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 targelt 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, 110 -6 -1998, eff. 1 -1- 1999) E. Permit to Hunt Deer with firearms: 1. Permit Required: An indlividual annual or seasonal permit is required by the city for the discharge of firearms for the purpose of hunting deer with a shotgun (slug only)-40. A map of designated permitted areas of the city a s how th ^,^ ^++^ ^h ^.d t n d San w ero de ,aMe is on file in the office of the City Clerk for public use and inspection. Said map and the language eentained and st—ated on the map shall beeerne paFt of this seGtien. --r nn Pin s el- . 2003 Code ) 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. d) Consent of Property Owners: A request for such permit shall be accompanied by written permission from fifty percent (5t0 %) 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 ooncerniing the hunting of deer via firearm. (Amended Ord. 240, 10 -6- 1998, eff. 1- 1- 199% amd. 2003 Code) F. Exemptions from Pro4isions: 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 receiived the support from the Minnesota Department of Natural Resources. G. Violation; Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor aced, upon conviction thereof, shall be punished according to state law. (Amended Ord. 240, 10 -6 -1998, eff. 1- 1 -1999) 0 Zr- -f --iza, ` Tye &9 f 0E`V" 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 171.6 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. �7 Proposal for Bow-Hunting of Deer in Smiths' Rolling Oaks 'rhis petiuor, is a proposal to allovi bovv hunting in S12 ith7s Rolling Oaks. This incliade th-, area Covered from 145"' Lane( Side) w 150"' Lane (back property line), and frorn. University Avenue Ex-tension to E Sn-ect (back p, merty Ii.ne. ) The proposed vv-ovdd � Lt� . I I CoMply arld f6flow all Deparun-1,11-A of Nat: aral Resowces htuating regulations; inckiding those wider hunting manod rest,6cboms, wi�it' _'h aip t oFdeer and no elevab�d stands ply to -he batung be-inky higher I'Dan 16 ffeet (:from ihse 2007 MIJ11-nesota Huq�ting --- _qLid-Traq, Area Included In Petition I'm +:+ Adhere to all Minnesota ®NR 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 +o A public hearing with the Planning Board is 5 -11 -10 at 7:00 pm in Andover City Hall no] Petition to allow bow-hunting of deer in Smiths' Rolling Oaks area Name Address Yes No Signature .Rulfrp n)U-r /470.4 p Buttqlvat /4.73c7 RujitgrOut 14-733; 8a-ffc-iFAIu-r 1 419oo Buf�r-: R M u-t 148ol 3ufh�Rwuq- BQifYIqU+ 7 Nad 4 6 3'_� C9 8,frEpNirr J4 P so X I I�I.�� no�v �1� � OEM, Name Address I Yes I No Signature !Bu tteRMIrr 14920 14 q D Raf+Ekfva r 1494o &L-H tA-r 49 41 cyo rz,7,r-j 31 i i nFR C� REEIV I 14 - 7X4- � I I ! Name j Address Yes ' No Signature V E86RE - LE X" 14717 /` i L - --� 3 dl� Name I Address -" es ' No � Signature i 33 i 33 Name Address i Yes No Signature 50 LN i .�� L q 150 +h 150 L IV /5Dth LN 150 Vh LN 15 D +- � LN 15ot-6 LN Q1 5 JS L�/� -L H 3q Name Address 1 Yes No Signature I , Chef ko0� } 1 - L0 tali V Ave ` I ' f , I;t- U ^ �, rt ( =� �iro��; -t � "i �;"� �-� • G�..� L i ? � I I�v >F:d_ t - _ � � rL• c::Y r ve :/i f Jt ✓� i ._� � I ��~ U` - ' � !��� . i,i��J�JVI';j j 1 tNi,\j :'�'v1 6.!"L.. � � � -qtr -. ,�-�s_i„'_ -•� -7 N7 i' 7 - / . ► i { - I I i I 1 r i 35 r ?r 3 3 F uE r, xf x b,• — — N ■ ■I ■ ■+ ■ ■■ /tom@_...:? ■■■ ■'s :::'lit �F.'_7_� / / ■ ■V /•=+�. _ ..:.::........_,' ■ilk_" ■ : -��: 4J11 '1'■ �. =,: - I ■ IIII%II .Ctrl . iii s ' �i �i► ■ .:11.. , Trim — IL& : ate '8..z r ?r 3 3 F uE r, xf x b,• — — N s F r ?r 3 3 F uE r, xf x b,• — — N Other Cities Hunting Regulations Ramsey Sec. 34 -21. - Weapons. (a) (b) 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. (c) Discharge offirearms. 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. (d) 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. (e) 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. M 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. 37 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 Bow 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; 1 38 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 .19q 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. 0 ,_q1 2009 BOW AND ARROW DEER HUNTING BOUNDARIES w,._ := ° = K S E - "'" -~) ~ . if ..'" ~ 'J( f,' I , '" "'. , 4lnoS auoz paPPlsaM .. ~ " m~~1 ~I~ ~::ffm, Ifl!lI S:$ - ~.'~lf,l , \\ ~~~.J;J[J]lii!bf. 4lJON auoz paPPlsaM .---, .... ~ .j 3~Nn RJ f-J' '~I U"" ~. \....J Wi!JJlBrI/1lfj, 1E ~ II lO~ : ., auoz wJeaJ!::1 pal!Q!4oJd I """'lg~ -. !I!13 'g """, , r.. ~ E! iB ON3931 ~ ,~ IffilllIIlE~~ P mu "rff<<"~ ~ Innl. v'" I ~ Jim' " ""bBl~ 11I1 ,1;:iJ - ~2 < II iIiI lIill /- ):l,IJ ~J~OOI ~m .' ~~~L~! ~ [JJJ~ V ~ 1- "Q'lI9W1l0 ~ "" 6 ,"'".,,,"' - \....lJ1 J< toes, N~j 'JO^OPU\! ~ III I r- q - #.,11 MN 'P^IB UMOlSSOJ~ S99~ ~l.i./a H::!: dJ.4 I r EEW~r luowjJ'do06u!uU'ld'JOMPU\!jO,\J!~ < ~~ 6\ tuf.lWl1l r edE . ~;H,. i'T'CllD<::rc frY I ~~ If ~):}" OlOZ^'," :ol'ad,," '=' ~ l1J~ bh?1l ~if ;q un JL '-Y fJ =1 ~ ;~'~,,~~L _;~'A!~ , - 0" ", ",!;4_ ~ 'm!'Jl ~I ~" , I~ w: L"" ~ Q ~, , .l J[j IY '! 1. m:aElrl 'It),; ~~~~ I IP' I'II~ , , ~ r-' L.l\lr ",IE1,-.,,0 'Cj.I)1. ~ .~.. ? 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Mi W-1 0- M 11 NO I m C:> -P� o 0 J I 1 � IL Lo o LU L C6 (1) LL w N C:> -P� o 0 J I 1 � IL Lo o LU a v J (1) LL CC UJ N 0 i E C, CD 0) N U) P-- CD CD 0 LO co LO CD CD Lo cli a v J NDOVE. 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 FROM: David Berkowitz, Director of Public Works / City Engineer (3 SUBJECT: Crooked Lake Water Quality/Invasive Plant Species Treatment - Engineering DATE: July 6, 2010 INTRODUCTION The City Council is requested to discuss the request from the Crooked Lake Area Association for additional funding for the Eurasian Water Milfoil and Curlyleaf Pondweed treatment. Refer to the attached letter from the Association. DISCUSSION In 2009 the City Council approved to fund 1/3 of the 2010 invasive plant treatment of Crooked Lake for a maximum budgeted amount of $3,000. The Crooked Lake Association has requested the City of Andover to fund $3,705 for the 2010 treatment. If the City was to fund 1/3, the total contribution would be $2,470. If the City was to fund the budgeted amount of $3,000, it would equate to 40% of the total treatment cost. BUDGETIMPACT The contribution for the 2010 Invasive Plant Species Treatment would be funded by the Storm Water Utility Fund. ACTION REQUIRED The City Council is requested to approve or deny the Crooked Lake Area Association request to fund 1/2 of the 2010 treatment for a total of $3,705. Respectfully submitted, i David D. Berkowitz Attachments: Crooked Lake Area Association Request Letter I/ Cc: Gary Nereson, Crooked Lake Area Association President, 13415 Heather St. NW, Andover RECEIVED JUN 17 010 C ROO&ED LAK Ij OF r • a r e a a S S o C i a June 14, 2010 Mr. Todd Haas, Asst. Public Works Director City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Crooked Lake Water Quality /Invasive Plant Species Treatment Dear Mr. Haas: Last fall, Tim Kelly (CCWD) and I did a presentation to the Andover City Council of the five year Crooked Lake Comprehensive Lake Management Plan. The plan calls for annual herbicide treatments of Crooked Lake, along with many other activities involving CLAA, CCWD, ACD, DNR and the cities of Andover and Coon Rapids. In the past, the cities of Andover and Coon Rapids have split the cost of these treatments 50 — 50. We are very appreciative of that help. Without it, the CLAA would not be able to fund its other obligations — notably aquatic plant grid surveys, native plant restoration, sediment core sampling, etc. We would also like to note that beyond our obligations under the plan, the CLAA has adopted the public landing park in Andover for the last four years, and is committed for the next two as well. In addition, our newsletter (two per year) and meeting notices are distributed to the entire Crooked Lake sub - watershed, and all within the sub - watershed are eligible to become members of the CLAA. At that 2009 fall meeting, the Council agreed to reimburse the CLAA for the 2009 treatment at 50 %, but also stated that they would prefer to do a 1/3 reimbursement in 2010. We request that the Council reconsider their decision and participate at the 50% level. This spring, in accordance with that five year Comprehensive Lake Management Plan, we contracted with PLM Lake and Land Management, Pequot Lakes, to treat the lake for Eurasian Water Milfoil and Curlyleaf Pondweed. The treatment occurred on April 20, 2010, and cost $6660.00 (invoice copy attached) plus $750 for the DNR permit. A 50 -50 split of costs between the cities of Andover and Coon Rapids puts each city's portion at $3705.00. Therefore, would you please review this with the Council, and hopefully process the attached invoice #42010 -1 in reimbursement to the Crooked Lake Area Association (the CLAA has paid PLM and the DNR)? I am available to participate in any meeting discussion. Thank you for your help and cooperation in our efforts to maintain and improve Crooked Lake as a vital community resource. Yours tr G Nereson President R ,1 5e n i " d h .t 3 — } a r e a To: City of Andover 1685 Crosstown Blvd. Andover, MN 55304 a s s o c i a r i o n INVOICE May 19, 2010 Invoice # 42010 -1 Remit to: Crooked Lake Area Association 13415 Heather St. NW Andover, MN 55304 Terms: net 60 Due Date: July 19, 2010 Quantity Description Price 1 Lot Treatment of Crooked Lake for invasive plant species $3705.00 (Eurasian Water Milfoil and Curlyleaf Pondweed) Application performed by PLM Lake and Land Management, Pequot Lakes, MN on April 20, 2010. PLM cost ----- - - - - -- $6660.00 MN DNR permit cost - - - - $750.00 Total cost $7410.00 X .50 City of Andover's 50% portion - $3705.00 � "� eLM PLM Lake and Land Management Corp. O`a . PO Box 326 not Lakes, MN 56472 Phone: 218- 568 -5379 MANA www.plmcorp.net Invoice 4/30/2010 4613 LAKEFRONT: Crooked Lake Area Association Gary Nereson 13415 Heather Street NW Andover, MN 55304 04/20/2010 Crooked Lake Area Association Gary Nereson 13415 Heather Street NW Andover, MN 55304 10F -3A218 Net 60 Crooked 6/29/2010 , (Make sure 'Bill To" address matches the credit card address) Questions? Call us at (218) 568 -5379. Monday -Friday 9am to 5pm TOTAL $6,660.00 79195 (4109) 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 FROM: Jim Dickinson, City Administrator SUBJECT: Schedule July EDA meeting DATE: . July 6, 2010 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the July 20, 2010 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Purchase Agreement /Letter of Intent/Progress Review 2. Andover Station Maintenance Discussion 3. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the July 20, 2010 City Council meeting. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule July Council Workshop July 6, 2010 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of July for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general July workshop have been identified as follows: 1. Discuss City Newsletter Options 2. Discuss City Water Utility Infrastructure and Rate Analysis 3. Discuss City Sanitary Sewer Utility Infrastructure and Rate Analysis 4. Joint Meeting with Park & Recreation Commission — CIP Items 5. 2011 -2015 Capital Improvement Plan Discussion — Focus on Equipment 6. 2010 Budget Implementation Progress Report — Focus on 97% Directive 7. 2011 Budget Development Discussion 8. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a June Council workshop a suggested date is July 27 at 6:00 p.m., or another date and time acceptable to the Council. submitted, Dickinson 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: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrat Michelle Hartner, Deputy City C Reschedule August P Council Meeting July 6, 2010 INTRODUCTION ly. August 3, 2010 is scheduled to be Night to Unite and also a regularly scheduled Council meeting night. DISCUSSION To give the Council the opportunity to attend Night to Unite events throughout the City, it is recommended that the August 3, 2010 Council meeting be rescheduled. Suggested options are: Monday, August 2, 2010 Wednesday, August 4, 2010 Or another date acceptable to the Council ACTION REQUIRED Council is requested to reschedule the August 3, 2010 Council meeting to a date acceptable to the Council. Respectfully submitted, Michelle Hartner Deputy City Clerk A C I T Y 0 F I NDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report July 6, 2010 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 & FunFest 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. Respectfu ubmitted, T Dickinson Below is the additional language found in the State Statutes for "pistol ", which excludes BB Guns and other items. "Pistol" does not include a device firing or ejecting a shot measuring .18 of an inch, or less, in diameter and commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the construction industry or children's pop guns or toys. Regular Andover City Council Meeting Minutes — September 5, 2006 Page 4 Item 9 Approve Lawful Gambling Exempt Permit/Andover Wrestling Club Item 11 Approve Appointment Secretary A Item 12 Approve Quote /Authorize Expenditures for Lift Station #1 Item 13 Approve Contribution to Anoka County Sesquicentennial (Res. RI 05-06) Item 14a Award Bids — Surplus Equipment Motion by Jacobson, Seconded by Knight, approval ofthe Consent Agenda as read. Motion carried 4 ayes, 1 present (Jacobson). Councilmember Jacobson stated he wants to change his vote to present because he has a conflict of interest with Item 4. PUBLIC HEARWGIORDINANCEAMENDMENTIDEER HUNTING REGULATIONS City Administrator Dickinson explained the City Council is considering adopting a change to the Firearm/Bow Discharge Map, which illustrates where hunting and shooting activities may take place in the City. Several property owners in the Prohibited Zone have requested that their land be placed in Restricted Zone 2, which would allow them to hunt deer with bows & arrows on their property. Mr. Dickinson reviewed the information with the Council. Councilmember Trude asked for clarification on how this item was brought to the Council. W. Dickinson explained. Commissioner Knight asked how many of the parcels would be 2.5 acres or greater. Mr. Dickinson stated at minim they are 2.5 acres but some could be larger. Mr. Bednarz showed the corrected shaded area proposed for bow hunting. Councilmember Trude asked if this was an error in publication or notification. Mr. Dickinson stated they need to only consider the area east of Prairie Road. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to open the public hearing at 7:34 p.m. Motion carried unanimously. Mr. John Beam, 121 Andover Boulevard, asked if this would permit only the landowner to hunt on their property. Councilmember Orttel indicated that is correct Mr. Beam asked how the permission © aspect happens. Councilmember Trude stated it would need to be written permission of surrounding neighbors. She stated they have to look at their ordinance. The other Councilmembers indicated there is no ordinance pertaining to this. Mr. Dickinson stated he would enhance bullet item two indicating they would have to get written permission of all adjacent property owners. Regular Andover City Council Meeting Minutes — September 5, 2006 Page 5 Mr. Beam asked if this meant that no people other than the property owners could hunt. Did this mean relatives of the property owner could not hunt on the owner's land. He wondered where the line is. Councilmember Trude stated their existing ordinance refers to immediate family but that is in regard to farms. Councilmember Orttel indicated on large parcels, it could only be immediate family. Councilmember Jacobson referred to Chapter 4 of the ordinance regarding weapons. City Attorney Hawkins stated the ordinance does not state anything regarding immediate family. If they want to limit it to only family members it should be included. Councilmember Orttel thought their intent would be to only allow immediate family and relative's authorization to hunt. Mr. Beam assumed the hunter would need a license and he wondered if there was any concern about bonding for reparations in case of damage to adjacent properties. Councilmember Orttel thought it was standard property law that if there was damage, they would need to pay to repair it. Councilmember Trude stated there is no City license discussed so State Law allows anyone over a certain age to go without any training to get this license and the time period is several months. Councilmember Orttel stated they have to follow the State Law. Mr. Beam stated there is also a standard hunting procedure that a wounded animal may be followed by the hunter. He wondered if that will prevail here. Councihmember Knight indicated that is State Law. Mr. Beam saw some real concerns in terms of hunting an animal that may be injured and may barge onto someone else's property where there may be young children. He thought this was a real liability and should be looked at. Mr. Dickinson stated regarding the notifications, the mailings and advertisement did go out appropriately. Ms. Arlene Elin, 137 Andover Boulevard, stated her parcel is 3.5 acres and she is not interested in having any bow hunting on any of the properties. She stated Mr. Beam's property and hers have the bulk of the forests and she enjoys seeing the deer on her property. She is not at all for this and thought there was a huge safety issue with this. She stated an injured deerhit by a bow is going to go where they know they are safe which the woods are. She stated she is totally opposed to this. She thought if they wanted to present a proposal for thinning a heard of deer they should do that but this is a proposal to change the zoning to allow hunting. They are two different issues. There have been no studies from the DNR to say how many deer are in the area and is the concern wanting to hunt or wanting to thin the heard. She did not see the concerns anywhere regarding too many deer in the area. Ms. Ruth Moss, 147 and University Avenue, stated they have a lot of deer in their area but she is against having bow hunting on her property or surrounding area. She thought no trespassing signs in a residential area would be out of place and she wondered who would clean up the area after hunters came through. She thought there was a better way to control the deer population. Regular , 4dover City Council Meeting Minutes — September S, 2006 Page 6 Mr. Doug Kelly, 14745 Evergreen Street, stated he is for the bow hunting being reinstated. He would like the right to make that choice. He did not think people would come from the outside to hunt on their properties but he would like the right to hunt in his backyard if they had the choice. He indicated goose hunting is permitted close to their homes with shotguns on forty acre parcels. This is also open for deer hunting with slugs and shotguns. Ms. Linda Meyer, 155 Andover, stated they have been there five years and have spent the last four years pushing their lawn further back and it is a beautiful backyard. She noted her grandchildren play out there. The thought of deer hunting going on in their back yard is out of the question. She stated they live in a residential area with other homes and people. The resident next to her feeds the deer. She did not think hunting deer should be permitted in their backyards. Mr. Don Wilson, 14920 University Avenue NW, stated he is in favor of hunting with bows. He did not think anyone would be injured. He also thought that if a deer is shot, it needs to be followed to take care of them. It is the law and a hunter cannot just leave a wounded deer. He thought if the City wants to make some laws regarding this they should and the hunters will follow them. Ms. Shirley Beam, 121 Andover Boulevard, passed out and read a letter regarding this item to the Council. Mr. Jeff Price, 330 14e Lane, stated he has had 34 years experience and he has yet to trespass. It is up to him to find the boundaries; it is his responsibility. They have a whole book of laws. He has heard that a lot of deer have been killed on Andover Boulevard and he wondered who benefits from that They have automobile damage, life safety issues and the deer goes to waste. He wondered why they won't let a hunter take a deer and benefit from the meat. He did not see a problem with that hunt. He noted elevated stands are very safe for bow hunting and he thought hunters use ethics. He stated it is right to ask permission of the property owners to go on their property. Ms. Cynthia Fetser,172146' Avenue, stated she is not a hunter; she is a veterinarian. She has lived in the area for several years and has seen them go from one or two deer in their yard to maybe twelve or thirteen deer in their yard. She is concerned about the deer population and how they are getting hit and killed on the road. She stated the hunters she knows that want to hunt in her neighborhood are extremely responsible people who take hunting seriously. They want to hunt and not wound and to make sure the animals are not suffering. The hunters she knows that want to have this passed feel strongly about making sure theses animals are not wounded. She supports them being able to do that on their property if they get permission from the people around them. Mike Engelman and Nancy Engelmann, 1493 5 Evergreen Street NW, stated their concern is about safety. They presented a letter to the Council and showed a drawing of their property and the shooting radius allowed in Andover. Mr. Engelman stated he could not place the radius anywhere on his property and be the required shooting radius of 150 feet from any occupied residence. He stated they are against the bow hunting. Regular Andover City Council Meeting Minutes — September 5, 2006 Page 7 Mr. Adam Winiarczyk, 14942 Evergreen Street, stated they are strongly opposed to this change. Andover is a rapidly developing and populated suburban area now and opening up more residential areas to hunting is not the direction the City should be moving in. The City should be moving in the opposite direction for this reason. They are not a rural area anymore. This area under consideration is relatively small but there are always a lot of children, walkers, drivers and bikers outside at all times. He stated he is not against hunting. He is a hunter himself but is considerate to go up north to hunt. He did not think this is safe. Ms. Marsha Murphy, 14826 Butternut Street NW, stated there are more deer than twenty -five years ago but there is also more population in Andover. She stated if this change is passed she could have four neighbors hunting at the same time. She has a strong concern for her children and they go to school and come home during prime hunting time. She is totally against this. Mr. Pat Cahill indicated he is at the meeting representing Chris Wallace at 225 Andover Boulevard. He is a hunter but has some concerns as far as the bow hunting goes. There are some issues regarding the population of deer and he has been around that area enough to know that it is not a biological caring capacity that they are worried about; it is a social caring capacity which is how j, many deer that people in the area will tolerate. That area could probably handle two to three times �F the number of deer biologically than it has now. It all comes down to how many car kills and how much people will tolerate. A legal issue that would need to be addressed is people that do feed in their backyards on a two and a half acre lot. If you are two lots away and those deer are heading to that feeding pile, there are some baiting issues that ran within the State of Minnesota and those would have to be addressed. As far as trespassing to pursue wounded game, he was almost sure that if they leave the property and go to the next property, unless they have permission from that owner, they cannot carry a weapon with them to go to the next property but they can pursue the wounded game. Mr. Cahill stated if the property owner does not give permission, the only way they can go on the property is with a Conservation Officer or someone appointed from the DNR. He did know that on small 2.5 acre lots, they are going to have a percentage of deer that do get hit with a bow, even a fatal hit that are going to leave the property. He stated it is up to the bow hunter to follow the game. Mr. Cahill stated he is not opposed to hunting himself but he thought there are some issues that need to be addressed. He stated the only thing that he knows is that any of the hunts he has been involved with in small tracts of land like this, those allowed people from outside areas. This one will not but everyone has to have a bow hunting certification through the State of Minnesota and they also have to pass a proficiency test to show they are capable of hitting a certain number of arrows in a designated size target at twenty yards. With those kinds of restrictions be thought it was possible to hold a hunt but it takes some time to get those things in play plus getting everybody else in the neighborhood understanding what is happening and also having a general consensus of everyone there that knows what is going on. He also did not think that if they are going to have a hunt that they could have it at the beginning of the season, which starts September 16 and ends on December 31 ' Most of the hunts that they do run a period of three or four days and they try to pick the days where people are not going to be out and active. Most of them they do run late in the year and most Regular Andover City Council Meeting Minutes — September 5, 2006 Page 8 of the time snow is on the ground. That way it is easier to follow game. Most people are not outside playing and they are notified that on certain days there will be hunters there and it would be tightly regulated. His biggest concern is the way this is written is that it is pretty loosely regulated and does not leave a lot of room for safety issues and general concern of how it is presented to the public in the form of bow hunting. He thought if they are going to do something like this, they do it in the best way possible for the image of bow hunting to the public in the area. Councilmember Orttel asked what another way of getting deer is. Mr. Cahill stated they could hire a sharp shooter, which would be pretty expensive. Councilmember Orttel stated they originally wanted to have a hunt for a couple of days but the DNR would not allow that so the City needs to expand their hunting area to allow bow hunting during the entire hunting season which seems pretty liberal. Mr. Cahill stated they could also trap the deer, which would also be pretty expensive. He stated the most effective way has been through hunting and it can be done through bow hunting and he would like to see it done on pretty tight parameters so it is controlled and they do not have a black eye coming out on the bow hunting issue. He stated some of the hunts, like Bunker Hills, have worked a to control the deer population. Commissioner Knight asked how high an elevated stand typically needs to be. Mr. Cahill stated there is no height restriction and the only regulation they use is that they do not have screw -in tree steps. As far as height, it is what the State of MN says and a portable stand has no height restriction on it Mayor Gamache asked if this area has quite a bit more space left before it biologically becomes an issue. Mr. Cahill stated when they start looking into a forest and can see from head high to the ground that there is no vegetation that is when there are way too many deer. He stated they are a long ways from that. Councilmember Trude indicated she is not certain if they investigated the route that Bunker Hills uses. Mr. Dickinson stated they looked at that process early on and that is an option afforded to them if they are willing to go through the costly fly -over concepts with DNR officials. It has to be completely petitioned of the DNR and the DNR has to do the review, counts via an aerial and it is very costly. He stated a project of this size does not meet the DNR criteria. Councilmember Knight stated a correction is with a wounded animal. They can go onto other properties with a weapon. When pheasant hunting you have to leave the weapon behind. Councilmember Trude asked if it is correct that at a certain age a person could get a license without O any training for bow hunting. Mr. Cahill thought there was something now that stated under a certain age you need to have a bow hunting certificate to now get a license in the State of Minnesota. Councilmember Trude thought a concern the residents have is the State does not regulate the quality of people pulling that license. Mr. Cahill thought this was something the City could require, that a person would have to have the certification in his possession to hunt. p Regular Andover City Council Meeting Minutes — September 5, 2006 Page 9 Mr. Wayne Regotta, 134 140 Lane, agrees with the people on the other side of Andover Boulevard. He asked if this only includes the bow hunting of deer or other things. Mayor Gamache stated it is to just bow hunt deer. Mr. Regotta stated he does not support this change. Mr. Ray Sowada, 14921 Butternut Street, stated he.has lived in the area since 1978 and they have had very few deer but as the population of Andover starts growing and the houses appear, the deer start going in the treed areas. He stated a lot of the deer come up from Bunker Hills and work their way up to the area when they have the hunting season down in the park. He started this to get something going and to include the 2.5 acres for the deer hunting. He has bow hunted since he was twenty years old. He indicated he is for this hunt. Councilmember Trade asked if Mr. Sowada would have a problem getting his neighbors to allow him to hunt on his property. Mr. Sowada thought his neighbors would allow him to hunt. Motion by Councilmember Jacobson, Seconded by Councilmember Trade, to close the public hearing at 8:28 p.m. Motion carried unanimously. Mayor Gamache stated he had several questions. He is not familiar with the history of why the hunt area moved north and he would like to have staff look into this. He stated some of the things Mr. Cahill brought up were pretty interesting because some of the concerns he has are if they are to do this, it be done correctly. Some of the issues the residents have are legitimate; however, for some it is just in their backyards where hunting is already allowed. Mayor Gamache stated they may want to look at requiring a bow hunting certificate in order to bow hunt. A resident asked if they should require a rifle hunter to also have a certificate because rifle hunting is allowed just to the north of them. Mayor Gamache indicated he wants to have staff look into this. Motion by Councilmember Trade, Seconded by Councilmember Jacobson, to deny the change. Councilmember Knight stated he is a bow hunter and he could tell them from both sides of the issue there are some very valid positions. First of all, deer hit with an arrow rarely go less than fifty yards; usually it is one hundred or more. Deer are involved in car accidents at an unbelievable rate. There is a problem with deer. Deer also destroy a lot of plants in yards and it is a dilemma. Hunting in the next yard is also a dilemma. He did not know how they could get all the neighbors to consent to a hunter bow hunting on their property. He also wondered how tall a stand needs to be. He has had more calls opposing this than opposing anything else in a long time. ® Councilmember Jacobson stated he once lived in this area and there are a lot of unanswered questions. He did not think the take on the deer would be very many in terms of numbers that would solve their problem. While he understood there is a problem he did not know if the way being proposed is the right way to do it right now. If they are going to do something, he thought it needs more thought and consideration and he would not be able to vote for it this year. Regular Andover City Council Meeting Minutes —September S, 2006 Page 10 Councilmember Trude indicated she is also against this because of the safety issue for the children. She thought three months was too long to allow a hunt to happen especially with children going to school and walking in the area. Councilmember Orttel stated there are two problems he has. ha the discussion most of it had to do with the technicalities of how they could fit hunting into 2.5 acre areas and he thought this was foolish because half the city does this and they have done it for thirty years or more and there has never been a problem of any type. The issue is if there is a problem, no one is addressing the problem. The neighborhood came to them indicating there was a problem and asking for a solution. He stated he was surprised there was no other way than to harvest the deer. He was also surprised they would use shot guns in Ham Lake because he was told they did not. He stated there is a problem that ought to be addressed before it gets worse. Mayor Gamache felt they need more information before they either approve or deny the change. He was not ready to go ahead with a vote to say no to make a change. © Councilmember Trude stated the reason she made the motion to deny was because the people have been disturbed in their neighborhood with the information that deer hunting may happen in their neighborhood and they are concerned about everything the Council has heard about and she did not see that postponing this decision will give them the ability to go home and relax and not worry. She counted twelve people that spoke against it and she has had phone calls and emails from others opposing this. She stated if this is postponed to get more information, the implication is this may happen and the residents will need to stay tuned and she felt this is not a good way to leave all the people that came to the meeting. Motion failed to deny the change on a 2 ayes, 3 nays (Knight, Gamache, Orttel). Mayor Gamache stated there have been no changes to the ordinance so hunting is still not allowed in that area. Councilmember Knight stated feeding the deer did not do them or the public any good because it is encouraging the deer to be around and gather and cause problems. CONSIDER NOVEMBER RALLOT QUESTION— OPEN SPA CEREFERENDUM City Administrator Dickinson explained an Andover Council 2005 -2006 goal is to explore open space preservation. Questions relative to open space were integrated into the recent community Q survey conducted by Decision Resources, Inc., which indicated that there is strong support for the City to purchase open space for the purpose of preservation. The survey also indicated that residents would be supportive of an increase in property taxes to support open space preservation in the amount of $20.60 on an annual basis.