Loading...
HomeMy WebLinkAboutCC - March 16, 2010 , 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, March 16, 2010 Call to Order - 7 :00 p.m. Pledge of Allegiance Presentation - Federal Cartridge Co./Hawkridge Park Resident Forum Agenda Approval 1. Approval of Minutes (3/2/10 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Resolution Rejecting Bids/10-3/2010 Crack Sealing - Engineering 4. Award Bids/l 0-4/20 1 0 Seal Coating - Engineering 5. Award Bid/1O-5/2010 Pavement Markings - Engineering 6. Approve Resolution Accepting Donation/Federal Cartridge Co./Hawkridge Park/Bleacher/09-18 - 0 Engineering 7. Approve Resolution Denying Conditional Use Permit!Clear Wireless LLC/Andover Lions Park - Planning Discussion Items 8. Anoka County Sheriff s Department Monthly Report - Sheriff 9. Public Hearing/Consider Authorizing Application/201O DNR Natural and Scenic Area Grant Program- Planning 10. Consider City Code Amendment! Adding Section 9-13 & Amending Sections of Title 12/Wind Turbines- Planning 11. Approve Appointment!Coon Creek Watershed District Vacancies - Engineering Staff Items 12. Schedule EDA Meeting- Administration 13. Schedule April W orkshop- Administration 14. Administrator's Report - Administration Mayor/Council Input Adjournment 0 0 ,^-NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 16, 2010 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 16, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE 0 PRESENTATION - FEDERAL CARTRIDGE CO. Mr. Dave Henderson, Supply Chain Director for Federal Cartridge Co. and A TK Commercial Products made a presentation to the Council regarding a $5,000 donation for Hawkridge Park. He noted that Andover is the third largest population center for their employees and Federal Cartridge Co. is trying to give back to the community. Mayor Gamache stated that in talking with Mr. Henderson some months ago he found that Federal Cartridge Co. was interested in helping the parks all across the region and Staff recommended Hawkridge Park as the donation recipient. He thanked Federal Cartridge Co. for their donation and noted that the donation will be used for bleachers for the soccer fields at Hawkridge Park. Mr. Dickinson stated that acceptance of the donation is item 6A on the Agenda. The donation will go towards new bleachers on the west field for now and will then be moved to another location in Hawkridge once the park is redeveloped. RESIDENT FORUM No one wished to address the Council. 0 AGENDA APPROVAL 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 2 Mayor Gamache advised that a closed session to discuss the City of Andover right-of-way plat #3 will be added after Mayor /Council input. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES March 2,2010, Regular Meeting: Correct as amended. Councilmember Trude requested a correction on page 5, line 15, after the word "businesses" insert a comma and then the word "more" and after the word "cities" insert a comma. Councilmember Trude requested a correction on page 8, line 13, after the word "Trude" insert the statement "asked ifthe motion might be". Councilmember Trude requested a correction on page 8, line 14, after the end of the sentence add the 0 sentence "This was accepted by proponents." Councilmember Trude requested a correction on page 8, line 35 insert a new paragraph and the sentence "Councilmember Trude stated that they were not voting on this." Councilmember Trude requested a correction on page 9, line 7 replace "is never" with "does not act like" . After the word "microwave" add a semicolon. After the word "foot" insert the word "shrouded". Also, after the word "impossible" replace "to reach the microwave radiation to the ground" with "for microwave radiation to reach the ground." Councilmember Jacobson requested a correction on page 4, line 20 after the word "existing" insert "county". Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Resolution Rejecting Bids/l 0-3/20 lO Crack Sealing (See Resolution R024-10) 0 Item 4 Award Bids/l 0-4/20 1 0 Seal Coating (See Resolution R025-1 0) Item 5 . Award Bids/l 0-5/20 1 0 Pavement Markings (See Resolution R026-1 0) Item 6 Approve Resolution Accepting DonationlFederal Cartridge Co./Hawkridge Park! Bleachers/09-18 (See Resolution R027 -10) 0 Regular Andover City Council Meeting Minutes - March 16, 2010 Page 3 Item 7 Approve Resolution Denying Conditional Use Permit!Clear Wireless LLC/ Andover Lions Park (See Resolution R028-1 0) Councilmember Jacobson asked the City Attorney if Council does not have to accept a bid if they do not wish to in regard to agenda Item 3. City Attorney Baumgartner confirmed that the Council has the right to reject all bids. Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Tom Wells updated the Council on the February Sheriffs Department Report. He also noted that on April 17 , 2010 there will be an open house at the Sheriff s Office and invited the public to attend. 0 Mayor Gamache stated that the Sheriffs Office is located off Hanson Blvd. near the compost site. He asked Captain Wells to elaborate on the recent situation at Chanticlear Pizza on Saturday around noon. Captain Wells explained that someone at the business called the police to that location regarding an incident that occurred including self inflicted injuries. He assured that nobody else was in harms way and the person involved is now receiving medical attention. Coundlmember Trude asked when the Sheriffs Office open house starts. Captain Wells stated that it will be held from 1:00 p.m. to 4:00 p.m. Councilmember Trude asked ifthere will be announcements on Cable TV and the bulletin boards. Captain Wells stated that announcements could be arranged and noted that it is also posted on the Sheriff s Office website. Councihnember Trude suggested sending it out through the Crime Watch newsletters. 0 PUBLIC HEARING / CONSIDER AUTHORIZING APPLICATION / 2010 DNR NATURAL AND SCENIC AREA GRANT PROGRAM Mr. Neumeister reviewed the Council had directed staff to proceed with this grant application, which requires a public hearing and resolution adoption. ~ 0 Regular Andover City Council Meeting Minutes - March 16, 2010 Page 4 Mr. Neumeister reviewed the staff report which included: proj ect scope & the type of activities involved, implementation schedule, overall cost & the proposed financing for the project, costs to be assessed to community residents and other associated project costs such as maintenance expenses, etc. with the Council and the information required to be available at the public hearing for the Natural and Scenic Area Grant Program. Mr. Dickinson stated that the current bonding bill did have approximately $4.5 million of program funding for these types of projects; however, the program was line item vetoed. The City should still put in an application and get in line but chances are unlikely of receiving funding unless the program funding is restored. Mayor Gamache asked if all the money being requested is in the grant. Mr. Dickinson answered that there could be other funds but the grant is the primary source. Mayor Gamache stated that the piece the City is looking at is on the Rum River, in the northwest side of town by Valley View Park and is next to the site that was previously purchased. 0 Councilmember Bukkila stated that there are three different properties the Open Space Commission discussed and asked why the grant money is only being solicited for the one location. Mr. Dickinson stated that this parcel is the one that ranked highest regarding grant criteria and the other two did not meet a lot of the criteria such as parcel size and proximity to things like a scenic river. The parcels were evaluated by the Open Space Commission. He explained that they are pursuing negotiations on the other parcels. Additionally, the chosen parcel has to secure an appraisal based on DNR guidelines which is costly and is why the City only picked one parcel. Councilmember Knight asked for the acreage information. Mr. Dickinson stated this parcel is approximately 33 acres and the previously purchased parcel is just shy of39 acres. Mayor Gamache asked if item #4 regarding project costs not being assessed to residents is due to the open space bond. Mr. Dickinson stated that it is a tax levy based on market value ofthe property. The assessment item #4 is talking about a 429 assessment to other property owners and also has to do with going 0 after funds to be part of a project. This project does not apply. Councilmember Trude stated that these discussions took place at a workshop and the Commission has been looking at the project for a year. During the workshops landowners came forward expressing their interest in selling their property. This parcel was chosen due to the I! 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 5 natural amenities and although the access is not great it is an intact parcel that will add a lot for the future of the community. She noted that they would hope to have access to both parcels at some point through development to the south. The criteria needed to move ahead with one parcel could cause money to be freed up as the City would have to purchase the parcel based on the appraised price. lfthey get the grant it would leave the City with additional funds for more purchases. lfthey do not get the grant then they will evaluate again as a Council what the next step would be. Mr. Dickinson stated that there is another grant program that this parcel would qualify for which will be explained at the next Council meeting. It does not require a public hearing but will need a Council resolution. Councilmember Trude asked if she is correct that the purchase of any parcel will still come back to the Council for evaluation regardless ofthe grant being awarded. Mr. Dickinson confirmed that it would come back to Council for evaluation regardless. He explained that the City can be awarded the grant and if they decide not to acquire the parcel the grant funds would go back. 0 Motion by Jacobson, Seconded by Trude, to open the public hearing. Motion carried unanimously. Mr. Larry Elfelt, 17216 Aztec St. NW, stated that he is somewhat familiar with the Scenic Area program and knows that some of the grant programs allow public hunting. He does not think that this parcel lends itselfto public hunting. Mayor Gamache asked if Mr. Elfelt is saying that with some of the DNR approvals, public hunting must be allowed. Mr. Elfelt stated that some Scenic Area parcels allow hunting and some do not but he does not know the criteria. Mr. Dickinson stated that he is not sure how that will work on this parcel but knows this parcel has some restrictions for hunting based on the proximity of homes as part of state law and city code. He stated that Mr. Elfelt is correct that if a parcel is acquired with these types of grants you do have to look at the option of hunting. Certain types of hunting could be allowed, but based on some restrictions fire arms may not be allowed in the area. Councilmember Knight asked if that restricts the ability of people who want to use the land as a place to be outdoors. 0 Mr. Dickinson answered yes and stated that they may have to put up signs during hunting seasons to alert people that there could potentially be hunters out, if hunting is ultimately allowed on the parcel. Councilmember J aco bson stated that they will have to be aware of the hunting requirement and if the - - -- 0 Regular Andover City Council Meeting Minutes - March 16, 2010 Page 6 grant is awarded they can discuss how to handle the requirement. Mr. Elfelt stated that the enforcement of hunting rules would be a nightmare. He felt snowmobiles have overrun the open space and hunting would be no different. The parcel is surrounded by properties where hunting is not allowed. He indicated the Petersons have always hunted on their property and he does not have a problem with that but ifthe parcels open to anyone in the state there will be problems. Mayor Gamache asked if the parcel would be considered park land. . Mr. Dickinson stated that it is not specifically park land but is open space. Some criteria would have to be followed based on distances outlined in the city code and certain hunting can be allowed but he believes it would need to be pretty restrictive and does not believe they will be able to allow firearms. Mayor Gamache stated that with the Petersons owning the property, anyone who wanted to hunt on the land would need permission. He asked if they could set up the same way and require anyone who wants to hunt on the land to get permission from the City. 0 Mayor Gamache asked why it would not be the same as getting a permit on private property as the parcel would not be considered park land. Mr. Dickinson stated that the current hunting ordinance has restricted and non-restricted areas. This is non-restricted so the normal permissions and rules outlined in the ordinance do not apply. There are restrictions based on state law but once the parcel is City property it depends on how the open space lands fall within that category. He thinks that with the applicable restrictions it would be hard to effectively hunt on the parcel. Mayor Gamache stated that they will have to do some studying on how hunting is affecting other cities in regard to open space parcels. Councilmember Jacobson stated that this is not an issue for tonight as they may not even get the grant. However, he is glad that Mr. Elfelt brought up the issue as they will need to determine how to handle the hunting issue if the grant is awarded. Mr. Elfelt encouraged the City to look for any kind of grant but noted some have stipulations the City may not like. Mayor Gamache stated that if they do purchase the parcel it will combine two large pieces in the 0 northern part of the City open to hunting and they will have to be careful as to what they allow. Mr. Neumeister stated that they will bring the hunting regulations to the Council in April and there may be some input from the public. The City could look at making tighter restrictions in these areas. 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 7 Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Jacobson, to approve the resolution authorizing the grant application to the DNR Natural and Scenic Area Grant Program. Motion carried unanimously. (See Resolution R029-10) CONSIDER CITY CODE AMENDMENT / ADDING SECTION 9-13 & AMENDING SECTIONS OF TITLE 12 / WIND TURBINES Mr. Neumeister explained the City Code does not currently regulate wind turbines and the City has received a few inquiries from residents wanting to erect small residential/non-commercial wind turbines within residential districts. The Council has previously discussed this item and suggested obtaining feedback from the Planning and Zoning Commission through a Code amendment similar to that of the City of Oak dale's City Code on wind turbines. Mr. Neumeister reviewed the staff report with the Council and presented the revised draft language as directed by the City Council at its February 17,2010 workshop. 0 Councilmember Jacobson stated that he still finds numerous problems with the amendment if it is adopted as is. The only other alternative, since there have been inquiries, is to place a moratorium for a year to 18 months but he does not think that is the best way to handle it. He suggested approving the changes and to allow some time to work on changes over the next number of months. The Council can also review some of the practical situations that come up when residents make application. Councilmember Knight stated that in reading about the noise issue on page 3, he concludes that noise is the primary problem but the noise ordinance does not apply well to something like this. He reviewed that some years ago, there were problems with people letting their semitruck diesel engines run all night, which did not violate the decibel ordinance but did keep the neighbors awake. This would be the same type of situation where it may not be the highest decibel level but is a continuous noise. He felt this is an issue with wind turbines and needs to be considered. Councilmember Trude suggested that Councilmember Jacobson spend some time 'wordsmithing' the changes because it would cost a lot of money to publish again and hold a public hearing to amend the ordinance. With the sound issue, they may need to look at the noise ordinance as other issues have come up in the past, such as an issue on school property with an air conditioning unit causing a deep low rumble in a range oftones that was a nuisance but did not exceed decibel levels. 0 Councilmember Jacobson stated changes like that would take some time and would be better done at a work session because there are some things in the ordinance that ban wind turbines in almost all parts of the City. He noted it would cost $1,000 or more just to get a permit and with required distances from streets and side yard setbacks, you basically cannot put up a turbine in --~ 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 8 the City unless it is a rural area. Councilmember Trude stated that you could meet the requirement on five or even three acres. Councilmember Jacobson stated that a person could but the amendment basically bans them in most parts of the City and this would make things so difficult and so costly that you are almost banning them. He felt this is a policy question that would need to be discussed. He stated the Council could delay the matter to a work session as there are other issues to discuss including cost liability insurance, roof mounts, certain protections, and exemptions. Mayor Gamache stated that he came across some interesting rooftop mounted apparatus not requiring tall poles that could fit on an acre or half acre and some may fit into residential areas. Mr. Dickinson showed a video on rooftop turbines. Mayor Gamache stated that he realized that the code amendment would eliminate those from many areas in the City. He does not know if rooftop turbines will save people money but he can 0 see people wanting to use them and the example shown in the video is totally different from what Council has been discussing. Councilmember Jacobson agreed that they would not be allowed with the proposed code. He suggested the Council talk about its philosophy, costs, and what they want to do which will take some time. Councilmember Knight asked ifthere is demand in the City. Mr. Dickinson stated that there are no applications in front of Staff at this time but people do ask about them and he feels the City should be prepared. He noted the rooftop turbine is prohibited in any MUSA area including urban areas and any area that could expand into urban, which takes up a significant part ofthe City. At the workshop, direction was to put something on the books and the ordinance before the Council tonight is very strict. He noted that with the proposed amendment, there are very few locations where anyone could put up a commercial turbine and it would be difficult to put one on residential property with the requirement to be 300 feet from a property line and a structure. Mayor Gamache asked if the code was taken from Oakdale. Mr. Dickinson stated that the 300 foot requirement was provided by the Oakdale code and the rooftop language was taken out of Cottage Grove's code. Some cities do not even address the 0 rooftop WECS. Councilmember Jacobson asked how a request for a WECS would be addressed if it came in tomorrow. 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 9 Mr. Neumeister stated that the City would be bound to issue a building permit as there is nothing in the code to restrict them. Councilmember Jacobson asked how the height limitation would be handled. Mr. Neumeister stated that it would have to go through a variance process. Councilmember J aco bson asked if anyone could put up any kind of WECS in an R -4 area if they wanted to. Mr. Neumeister answered in the affirmative and explained that an exception to the variance would be needed, but that could be denied. Councilmember Jacobson stated that by approving the proposed code amendment it would provide a protection even though it is not what the Council ultimately wants. Councilmember Trude stated that it looks like a rooftop WECS could work easily on a 2.5 acre 0 lot. She noted the company in the video is in Canada where they have a lot more wind. She suggested that after Council adopts the code, if that technology comes to Andover, the Council could set up a variance procedure for an adopted ordinance to deal with concerns including noise pollution, scenic view pollution, and maintenance. Mayor Gamache stated that there needs to be something in the code or they would just have to follow the building code and could get exemptions. He felt rooftop turbines did not look much different than having a satellite dish on the top of the roof. Councilmember Jacobson stated that there are also commercial models with the same type of setup that are very large. Mayor Gamache agreed the City does need to have something on the books and can discuss it further if they get an actual application. He noted that if someone wants to go through the whole process, they may ask Council to change some parts of the code. He does not have a problem with the 1.5 times height requirement but the 300 foot requirement eliminates a large area. Councilmember Trude stated that it would address some ofthe noise problems. The WECS in the video was probably shot from 300-400 feet away. Councilmember Jacobson stated that even with the large ones you can still hear them up to three- fourths of a mile away. 0 Councilmember Trude stated that she initially thought it was too restrictive but after learning about the noise factor, she now thinks the 300 feet is more about the noise than anything. Mayor Gamache stated that 300 feet eliminates most lots unless they are over 2.5 acres. - ---- 0 Regular Andover City Council Meeting Minutes -March 16,2010 Page 10 Councilmember Knight stated that would be equivalent to a football field in every direction. Councilmember Trude stated that she does not know if it eliminates rooftop WECS. Councilmember Jacobson stated that rooftop WECS would be all right in a rural area but not in an urban area. Mr. Dickinson stated that rooftop WECS are not allowed in the MUSA area in the proposed amendment. Mayor Gamache asked if that includes areas in the MUSA but not being serviced. Mr. Dickinson answered yes, WECS cannot be in the current MUSA boundary. The proposed amendment has been designed to have basic standards and then commercial, residential, and rooftops are all broken out so one small location could be modified under general standards which will cover all of them. Even though it is more repetition, it is designed to make changes very easily. 0 Councilmember Trude agreed, especially looking at the cost of the CUP for the rooftop unit. She indicated that if technology improves it could be moved to a building permit by meeting certain standards and Council knew the impact of sound and structure. However, there is not currently a standard. Councilmember Jacobson stated that if Council passed the code amendment tonight, he would be willing to go through it again and highlight problem areas which are policy and mechanical Issues. Mayor Gamache stated that passing it will allow them to move on and reevaluate what they want. He asked if some cities have already passed ordinances in this regard. Mr. Dickinson stated that Anoka only allows them in commercial areas. Oakdale, Cottage Grove and some other cities have also passed ordinances. Motion by Knight, Seconded by Jacobson, to adopt Ordinance No. 9-13, An Ordinance Amending Code Sections by Adding Chapter #13, Wind Energy Conversion Systems, to Title 9 and amending Title 12, Sections 12-12 and 12-3-5, and to authorize publication by summary ordinance. Mayor Gamache stated that some states have laws so the individual cities are not passing its own 0 ordinances. Councilmember Jacobson stated that there are rules and regulations affecting wind farms in southern Minnesota. However, distances are being challenged by people saying they are too close so the state does have some control over commercial operations. -- -- 0 Regular Andover City Council Meeting Minutes -March 16,2010 Page 11 Mayor Gamache stated that they need something on the books, otherwise they are opening it up with nothing to reign it in. He stated it might be restrictive to the point of not allowing it but there is always the opportunity to make changes to the code. Councilmember Trude stated that Council will have to adopt the summary publication too. Motion carried unanimously. (Ordinance 390) Councilmember Jacobson asked if Council would like him to work on another draft and outline the policy and mechanical issues. Mayor Gamache answered yes. Councilrnember Knight stated that a rooftop turbine, as presented in the video would not be as objectionable ifthere were one on a house and one on a garage. Mr. Dickinson stated that the current code just adopted says one per lot, so they would need two lots to have two turbines. 0 Councilmember Knight stated the rooftop turbine is not as obnoxious as a large commercial turbine. Councilmember Jacobson stated that depends on whether you are a neighbor. Mayor Gamache stated that he has received emails about a problem with a neighbor's wood burning stove that is 2.5 acres away but causes breathing issues ifthe humidity is high, but the stove meets code, so you never know what kind of problems can arise. APPROVE APPOINTMENT / COON CREEK WATERSHED DISTRICT VACANCIES Mr. Dickinson reviewed the staff report with the Council and request of current Coon Creek Watershed District (CCWD) Board Managers Warren Hoffmann and Bill MacNally for reappointment. It was noted that Andover resident Charles Ellis has also requested appointment. He noted that Mr. Hoffmann and Mr. MacNally do not reside in Andover, so the consideration of Mr. Ellis would provide the opportunity for City representation on the Watershed District Board. Councilmember Jacobson stated that he does not know Mr. Ellis and his email does not indicate that he has any water or Watershed District experience. He indicated he does not have a problem 0 with forwarding his name to the County, but it would be to his advantage to outline his experience and why he could do a good job. Mayor Gamache suggested he provide a full resume or letter to the Board. -- 0 Regular Andover City Council Meeting Minutes -March 16,2010 Page 12 Councilrnember Bukkila stated her agreement. Mayor Gamache asked if one ofthe members of the Board does live in Andover. Mr. Dickinson answered that his term is not up, but there is an Andover resident serving. Mayor Gamache stated his support to pass on all three applications. Councilmember Trude noted that a letter from the County states there has to be at least three nominees but they could list the resident from Andover first and make a comment that Andover seems under represented on the Board when you look at the map and see how many are represented from Ham Lake, for example. Councilmember Jacobson stated they certainly want to make sure that the applicants are qualified. Councilmember Trude stated that Mr. Ellis is obviously an intelligent person as he has a doctorate degree and can learn a field quickly and be an outstanding contributor. 0 Motion by Knight, Seconded by Trude, to direct staff to submit a letter recommending that Charles Ellis, Warren Hoffman and Bill MacNally be considered for appointment to the Coon Creek Watershed District for those representatives whose terms are to expire on May 27, 20 I 0 with a notation that one applicant is an Andover resident. Motion carried unanimously. SCHEDULE EDA MEETING The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the April 6, 2010, City Council meeting. Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for April 6, 2010, at 6:00 p.m. Motion carried unanimously. SCHEDULE APRIL CITY COUNCIL WORKSHOP The Council is requested to schedule a City Council Workshop for April 27, 20lO. Motion by Trude, Seconded by Bukkila, to schedule a City Council Workshop Meeting for April e 27,2010, at 6:00 p.m. Councilmember Trude asked if the March workshop will be devoted to fire safety issues. Mr. Dickinson answered that in addition to fire issues we will discuss the parking of commercial vehicles, the ClP and a budget status report. 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 13 Councilmember Trude asked if the hunting ordinance issues will be coming back to Council. Mr. Dickinson stated that the hunting ordinance issue is going through the Planning Commission likely in April. Motion carried unanimously. ADMINISTRATOR REPORT Staff updated the Council on the administration and city department activities, meeting reminders, ClP Projects and development activity. Councilmember Jacobson noted that the Home Show being held at the Community Center is free to the public. Mayor Gamache stated that he will not be able to attend the Home Show. He asked if the resident's questions were satisfied in regard to parking near the garden plots. 0 Mr. Dickinson answered that Todd Haas has been in contact with those individuals about potential issues and solutions. MAYOR/COUNCIL INPUT Councilmember Trude stated that Pastor Mark Hellman would like to schedule something with the Council as a dedication ofthe garden site in May. She suggested the Parks Commission be involved as it has come under their domain. Councilmember Trude asked if it would be better if they picked a time on Thursday before the Parks Commission meeting or ifthey should have Mr. Dickinson coordinate a time. Councilmember Jacobson suggested letting Mr. Dickinson coordinate it. Councilmember Trude stated that they can compare times at the next workshop and assume Pastor Hellman would send out a communication to the neighborhood as they would see a few cars parked on the street that night. She asked ifthe DNR is going to expand the flood plain areas. Mr. Neumeister answered yes and advised there will be some areas more affected than previously. 0 Councilmember Trude asked if there will now be larger areas and if some homes or lots not currently in flood plains will then be in flood plains. Mr. Neumeister stated he was told that a few more homes will be affected than before. 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 14 Councilmember Trude asked if they are talking about the Rum River. Mr. Neumeister answered in the affirmative on the Rum River, but there are other areas impacted away from the Rum. Mayor Gamache asked how things are looking at the Rum River in regard to sandbagging. Mr. Dickinson stated that water levels are up but owners of problem areas were given direction in 2001 that they needed to do something to protect their property after the City had put in a significant effort to protect those properties. He is aware that some property owners have put in berms and stated the City is not planning on an effort due to the direction given in 2001. Mayor Gamache stated that they must have taken care of it as there have been no issues since 2001. Councilmember Trude encouraged the public to complete the Census survey. 0 Councilmember Knight stated that there is nothing controversial in the survey. Mr. Dickinson stated that they go by the theory of 10/10/1 0 meaning every 10 years it will only take about 10 minutes to fill out the form and has 10 questions. The long form takes more than 10 minutes and has some very detailed questions. Councilmember Trude stated that the data is sealed for about 70 years for privacy protection. RECESS TO CLOSED EXECUTIVE SESSION The Council recessed to a closed executive session at 8: 15 p.m. to discuss the City of Andover Right-of-Way Plat #3. The Council reconvened at 8:35 p.m. to adjourn. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:36 p.m. Respectfully submitted, Amanda Wylie, Recording Secretary 0 --~- ---~ 0 Regular Andover City Council Meeting Minutes-March 16,2010 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 16,2010 TABLE OF CONTENTS PLEDGE OF ALLEGlANCE ......................................................................................................... 1 PRESENTATION - FEDERAL CARTRIDGE CO....................................................................... 1 RESlDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES...........................................................................................................2 CONSENT lTEMS .........................................................................................................................2 Item 2 Approval of Claims ...................................................................................................... 2 Item 3 Approve Resolution Rejecting Bids/1 0-3/201 0 Crack Sealing (Resolution R024-1 0) 2 Item 4 Award Bids/1 0-4/201 0 Seal Coating (Resolution R025-lO) ........................................ 2 Item 5 Award Bids/lO-5/2010 Pavement Markings (Resolution R026-10) ............................ 2 Item 6 Approve Resolution Accepting Donation/Federal Cartridge Co.lHawkridge Park! Bleachers/09-18 (Resolution R027-10) .............................................................................. 2 0 Item 7 Approve Resolution Denying Conditional Use Permit/Clear Wireless LLC/Andover Lions Park (Resolution R028-10) ....................................................................................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ...................................3 PUBLIC HEARING / CONSIDER AUTHORIZING APPLICATION / 2010 DNR NATURAL AND SCENlC AREA GRANT PROGRAM (Resolution R029-10)......................................... 3 CONSIDER CITY CODE AMENDMENT / ADDING SECTION 9-13 & AMENDING SECTlONS OF TITLE 12/ WIND TURBINES (Ordinance 390) ............................................ 7 APPROVE APPOINTMENT / COON CREEK WATERSHED DISTRICT VACANCIES ...... 11 SCHEDULE EDA MEETING...................................................................................................... 12 SCHEDULE APRIL ClTY COUNClL WORKSHOP ................................................................. 12 ADMINlSTRATOR REPORT ..................................................................................................... 13 MA YOR/COUNClL INPUT ........................................................................................................ 13 CLOSED SESSlON. ..................................................................................................................... 13 ADJOURNMENT......................................................................................................................... 13 0