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HomeMy WebLinkAboutCC - February 3, 2010 ,: C I T Y 0 F 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US Regular City Council Meeting - Wednesday, February 3, 2010 CaIl to Order - 7:00 p,m. Pledge of AIlegiance Presentation - Andover Athletic Association Resident Forum Agenda Approval 1. Approval of Minutes (1/12/10 P&Z and Open Space Interviews, 1/19/10 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Consider Approval Application for Exempt PermitINorth Suburban Women's Club -Administration 4. Approve Resolution Accepting Donation/AAAlSunshine Park!Scoreboards for BaIl Fields/IO-II - Engineering 0 5. Award Bid/09-1 0/20 I 0 Tree Removal Contractor - Engineering Discussion Items 6. NPDES (National PoIlutant Discharge Elimination System) Presentation & Public Meeting/10-1 - Engineering 7. A ward Bond Sale for Open Space and Refunding Bonds - Administration 8. Consider Conditional Use Permit/Hidden Creek North Park/Clear Wireless LLC - Planning 9. Consider Conditional Use Pennit/Rose Park!Clear Wireless LLC - Planning 10. Consider Conditional Use Permit/1717 Crosstown Boulevard NW/Clear Wireless LLC - Planning Staff Items II. Schedule Local Board of Appeal & Equalization Meeting - Administration 12. Administrator's Report - Administration Mayor/Council Input Closed Session - Update on Union Negotiations Adjournment 0 " 0 S'\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 - FEBRUARY 3,2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 3, 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 Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OF ALLEGIANCE 0 PRESENTATION -ANDOVER ATHLETIC ASSOCIATION Mr. Pat Olson, Volunteer Director for the Andover Athletic Association Slow Pitch Softball, made a presentation to the Council regarding the donation of scoreboards to the City. He noted these will be paid for solely by the Association and would ask the City to consider charging other Associations for use of the boards for maintenance or repair. Mayor Gamache asked how the City will be able to charge for the scoreboards. Mr. Berkowitz stated this will go before the Park Commission for discussion and recommendation and then will come back to the Council for review. Councilmember Trude stated City taxes pay for power lines, electricity, maintenance and all the kids in the City seem to benefit from the parks and they have tried not to charge residents for use and would be reluctant to support an organization making a donation with strings attached because that starts a turf war. Mr. Olson stated they are just making a suggestion to the Council. Mayor Gamache stated the City appreciated the Andover Athletic Association for this donation. 0 RESIDENT FORUM No one wished to address the Council. ~- 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 2 AGENDA APPROVAL There were no changes Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES January 12,2010, P&Z and Open Space Interviews Councilmember Trude stated on page four, line 41, "aesthetics" is spelled wrong and should be corrected. Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. 0 January 19,2010, Regular Meeting: COlTect as amended. Councilmember Trude stated on page 6, line 4, the word should be "as" instead of "and". Motion by Trude, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Consider Approval Application for Exempt PermitINorth Suburban Women's Club Item 4 Approve Resolution Accepting Donations/ AAAI Sunshine Park/Scoreboards for Ball Fields/1 0-11 (See Resolution RO 1 0-1 0) Item 5 Award Bid/09-1O!201O Tree Removal Contractor (See Resolution R007-l0) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. 0 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING/I0-l Mr. KamerOll Kytonen made a presentation to the City Council. 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 3 Mayor Gamache asked how large the grant was. Mr. Kytonen stated it was $7,000. Mayor Gamache asked why they picked the three property owners. Mr. Kytonen stated it was based on interest and also they were looking at locations that would be the most effective for treating storm water runoff. Mr. Kytonen explained the requirements that the City has to meet to be in compliance with the Federal Government. CONSIDER CONDITIONAL USE PERMIT/HIDDEN CREEK NORTH PARK/CLEAR WIRELESS LLC Mr. Bednarz explained Clear Wireless, LLC is seeking to locate a 75 foot tall tower and wireless internet antenna array within Hidden Creek North Park. A conditional use permit is required to locate antennas above 35 feet in height. Mr. Bednarz reviewed the information with the Council. Councilmember Trude stated the ordinance allows the Council to change the setback on the towers 0 and she wondered ifthey could get it bumped up as close to Bunker Lake Boulevard as possible and not behind the back stop so it does not deter viewing of a baseball game and this would also move it further away from the homes in the area. Councilmember Knight wondered if they could go along the third base line towards the outfield. Mr. Bednarz stated they are looking at that. Councilmember Trude thought this would fit better closer to the street to blend in with street lights. Mr. Bednarz thought it would probably fit in that area. Mr. Bednarz stated there are some different places the Council could review for placement ofthe pole. Councilmember Bukkila stated as it stands now she is not in favor ofthe project since it will stick out on the street because there are not any other light poles in that area. Councilmember Jacobson stated he watched the Planning Commission meeting and the arguments broke down into three areas, aesthetics, did not feel parks in general were appropriate to have commercial type things in them and the Council has already approved a site in Prairie Knoll Park and the third issue was the emitted RF from the pole and looking at the information these poles emit less than cell towers and at a different frequency. He stated the tower at 75 feet, typically the power poles along Bunker on the north side were approximately 65 feet and this pole would not be much taller. He stated he is in favor of this and thought parks were there for kids to play in and sports to play in but there are some folks that do not partake in these things and there should be something for them 0 and the internet is a huge thing now and should be accessible to everyone that wants it. He stated change comes and he thought in this case, if you do not have wireless internet it puts people at a disadvantage. He stated he would like to see the pole placed in a different location in the park. Councilmember Knight stated part of the issue is the Wi-Fi coverage and he thought the pole needed 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 4 to be in the park to connect to the other poles but he would like to see the pole placed further down the 3rd line base. Mr. Steve Stultz, Clear Wireless, LLC, reviewed the site plan with the Council and explained the reason why they needed a pole in Hidden Creek Park. Mayor Gamache asked if this site is the best place for the pole. Mr. Stultz stated it is. He explained how the network works with the other planned poles. Mayor Gamache asked how many more poles will be needed to cover Andover entirely. Mr. Stultz stated there are three being proposed this evening and a couple more in the near future to adequately cover the southern portion of the City. Mayor Gamache asked if they would be willing to co-locate on a pole with other companies and he wondered if a light pole at Target would work. Mr. Stultz stated that they would be willing to co- locate but the Target location is too far outside of the parameter needed to connect the pole with the rest of the network. C Mr. Stultz stated this pole is a line of site to other poles and ifthey moved this pole out of the park they will need to reconfigure their entire ring to make it work. Mr. Stultz reviewed the current connections needed with the Council. Councilmember Bukkila asked if they could move the pole to the current Fire Station to the east and make this work. Mr. Stultz stated this is to the north and would not work and this has already been reviewed extensively. He stated ifthey could co-locate there they would because it would save them a lot of money. Councilmember Bukkila asked ifthey had alternate sites picked out. Mr. Stultz stated they do not have alternate sites picked out. He stated they have researched the area and it is not possible to move it to another raw land site or somewhere that would not affect residents. Councilmember Trude explained the ordinance and the reason why these poles are allowed in parks and at the time the ordinance was made the concern was with poles falling over in a storm so they needed an open area. Mr. Stultz stated the pole is designed to collapse upon itself and can withstand tornados and severe storms. City Attorney Baumgartner reviewed the ordinance and places where poles are allowed in the City. He stated in looking at the regulations, technology has changed a little bit and he thought the 0 language when written identified the towers with guide wires and this tower everything is internal. He thought the intent was the same as with other towers also. He thought what is being proposed still fits within the intent of the ordinance. Councilmember Trude stated there are a lot of home offices in the City now and they need good 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 5 internet connections along with children needing a good internet connection for school projects. She thought this is needed in the City. She thought it is important to locate the pole far away from activity in the park since use in this park is busy with many activities. She thought if they located close to the boulevard so it stands in line with the power poles she did not see that there were any other options. She thought the site impact would be greater if it were moved to a well house site. She stated they needed to be supportive of new technology. She also did not think a fence would benefit this and thought it would benefit the park if a light were attached to the pole for use on the field. She thought this was a balancing act. Councilmember Jacobson asked if they looked at co-locating on the County tower down the road. Mr. Stultz stated they already have a pole on the water tower on Hanson Boulevard and they cannot remove that pole since it connects to other poles in Coon Rapids. Councilmember Knight stated there is money involved and will go directly to the park if approved. This money cannot be used anywhere else but in Hidden Creek Park North. Councilmember Bukkila reviewed the differences between Prairie Knoll Park and Hidden Creek C Park North and she thought Prairie Knoll was larger and did not have alternate commercial sites for location. She thought because Hidden Creek Park North is smaller and surrounded by a neighborhood this created conflict. She wondered if it could be located in the industrial park. Mr. Stultz stated they do have to meet setbacks and there are additional requirements that are needed to place a pole on a private location. Councilmember Bukkila asked if Mr. Stultz would be willing to look at private land. Mr. Stultz stated they have done extensive research and they can only go out a half mile in diameter otherwise it will affect all of the other poles. Councilmember Bukkila stated the private land is within the requirements and she wondered if they would be willing to look at this. City Attorney Baumgartner reviewed the ordinance revisions with the Council and when they were put into effect. Councilmember Trude asked if private land could be looked at for a location. City Attorney Baumgartner stated there are other requirements and there are a whole different set of rules in place when dealing with a private land owner. He noted only one tower can be located in industrial areas and he did not know what was already out there. Mayor Gamache stated he did not have a problem with putting these on water towers but he did have a problem with placing these in parks where there is not anything else there. 0 Councilmember Bukkila asked if these poles would allow coverage in all of Andover including rural areas. Mr. Stultz stated it would not cover all of Andover but covers most ofthe city areas. Councilmember Trude asked if someone was interested in purchasing wireless internet from them how would they go about doing this. Mr. Stultz explained the process for getting wireless internet at 1 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 6 a residential home or public area. Councilmember Knight asked how far away does someone need to be from the tower to access the wireless internet. Mr. Stultz stated as long as the person is within Andover they could access the internet. It is almost seamless connection. Mr. Stultz stated if they do not get this connection it will require a rework ofthe entire network in Andover and some of Coon Rapids. Mayor Gamache thought if Clear Wireless was looking at Hidden Creek East Park, that park is directly south of Festival Foods parking lot and the pole would also work in Festival Foods parking lot because that is within the network area. Mr. Stultz indicated he did not remember reviewing the park and did not think there was a commercial area between Hidden Creek East Park and Hidden Creek North Park. He did not think this was a viable location for them otherwise they would have considered it. Councilmember Trude thought if they placed the pole as close to the road as possible it would be close to the industrial and commercial areas which are across Bunker Lake Boulevard and would 0 then blend in. Councilmember Bukkila stated she would be willing to table the discussion and allow Clear Wireless, LLC to review the commercial area for possible location. Motion by Jacobson, Seconded by Knight, to approve the proposed conditional use permit with changes under the Now Therefore it Be Resolved. The changes would be under points 2, 3 and 4. Point 2 would be revised to strike out the ball field and skating rink and note that per discussion the tower would be moved north closer to Bunker Lake Boulevard and to the east alorig the third baseline. The applicant would not have to screen the ground mounted equipment with evergreen trees in point 3 and point 4 would not have to add a fenced area around the equipment. Councilmember Trude asked ifCouncilmember Jacobson would accept a friendly amendment that the applicant shall provide some landscaping adjacent to the little green plastic housing. She thought this could be worked through. Mr. Andrew Tremble, 2633 136th Avenue NW, stated he did not think they should be prostituting their parks to private corporations. He stated the parks were paid for by the residents, not companies. He stated he is totally against this and thought this is wrong. He thought it is the applicant's problem to have to redraw their plans and not the cities. He stated they bought this house because it was along an open park. He stated if they had known about this when they purchased their home in 0 December the house would still be sitting empty with no one to pay the taxes. He stated when the economy improves the parks will start to bring in money for maintenance. Mr. Tremble stated the City Code will not allow him to put up a wind turbine to help with his costs of electricity and he wondered what the difference is. Councilmember Jacobson stated they are 0 Regular Andover City Council Meeting Minutes -February 3,2010 Page 7 working on that issue. Mr. Tremble stated anyone who votes for this will be held responsible and remembered come election time. Mr. Tremble indicated he works for a powerful organization. Ms. Jan Anderson, 13683 Yukon Street, stated in listening to the arguments presented she appreciated one member on the Parks Commission who mentioned this is a slippery slope because when they start putting these various things into public areas what else will they put in down the road. As far as the use ofthe land she understood there is a business very close to Festival that is totally empty and she wondered why not put the location of the tower there. She did not understand why the resolution presented to the Park Board the location was along the first baseline and now it is along the third baseline. . Mayor Gamache thought that was the option they had at the time and was not sure if they looked at any other options and felt it worked best there. Councilmember Trude stated she talked to the Park Commission Chair and asked why they put the pole in the center of everything and the answer was if a light was placed on the pole it would light a couple of different areas. She asked the Park Commission Chair if they could move it further towards Bunker Lake Boulevard would they and the answer was yes but City Staff said they could not because of setback issues and when she read the City Code is states the City Council can override 0 the setback for aesthetic reasons. She thought if they moved it closer to Bunker Lake Boulevard the pole is less likely to be in a resident's site line. Councilmember Knight stated he drove the little path that goes by the play equipment and that made him look towards Bunker Lake Boulevard for a site which would remove it from view of residents in their homes. Ms. Patricia Grayheck, 13678 Yukon Street, asked if this does go through and it goes along the third baseline when would the installation take place or be completed. She wondered if they could vote on park improvements since the revenue earned would be used in this park and would they be notified of the park and planning meetings with the park so they can voice their concerns. She also wondered if the revenue from this be put in a separate account and would the residents in the area have access to the information and would it be fully disclosed. She wondered how many other approved locations are in Andover. She thought the business plan was made without a lot offorethought with regard to getting approvals and recommendations from the City prior to them making all the decisions and now it looks like they will have to go back to the drawing board which she thought they should because you do not comprise families and children for commerce. She stated she is sadly disappointed that the City of Andover has put their integrity and values up for sale. Mr. Dickinson explained what will happen with the money that comes in from the pole. He stated any improvements would be reviewed and discussed by the Park Commission and the public would be notified if it impacted them. He stated the City does try to co-locate when appropriate. He stated 0 the City Code directs them to public areas first for utilities. They also look at open land and outlots for locations. He stated the revenue as with all money of the City is available for review at anytime for the public to come in and request to see. Mr. Dickinson reviewed the next step if this is approved. Mr. Stultz stated they would like to be in 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 8 as quickly as possible. Councilmember Knight stated there is a demand for wireless internet in Andover and it is not a thing of selling integrity; it is the community wanting this. Mayor Gamache stated he is going to vote against this like he did at Prairie Knoll Park and did not believe they should be using the parks for things like this. He felt they could move this tower to a commercial site close by. He stated he did not have as much of an issue with this type of tower as others but did not feel a tower belonged in a park. He stated if they wanted to raise money for parks they could always run bond issues for the money for improvements. He did not think the money should be their sole concern. He did know there are wireless needs in their city but knew there are different ways and places for them. Councilmember Trude wondered if they could keep the light on the pole as a possibility. Mr. Dickinson stated ifthe pole will go along the third baseline a light would not work in that location. The Council discussed their viewpoints on this item and the reason why they are going to vote for or C against this project. Councilmember Bukkila stated she would be willing to table this to allow Clear Wireless, LLC to look at other locations for placement. She indicated she would not vote in favor of this because she felt commercial sites would work better. Councilmember Trude felt they needed to move forward with this item to allow the network circle to continue because ifthe City does not allow a tower in this park she feared the circle would break and end in Andover. Motion carried 3 ayes, 2 nays (Gamache, Bukkila). (See Resolution R012-l0) AWARD BOND SALE FOR OPEN SPACEAND REFUNDING BONDS Mr. Mark Ruff from Ehlers & Associates, the City's Financial Advisor, presented the results of the City's sale ofthe following bond issues authorized at the January 5, 2010 Council Meeting for the $3,200,000 General Obligation Open Space and Refunding Bonds Series 2010A. Motion by Bukkila, Seconded by Trude, to approve the attached resolution accepting the proposal on the sale of the respective bonds based on the bid tabulation presented by EWers & Associates. Motion carried unanimously. (See Resolution RO 11-1 0) 0 CONSIDER CONDITIONAL USE PERMIT/ROSE PARK/CLEAR WIRELESS LLC Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna array at 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 9 the top of a City water tower located on the City park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 150 feet tall. Mr. Bednarz reviewed the staff report with the Council. Mayor Gamache stated the City is not giving approval to a monopole at this site at this time they will need to come back and apply for a CUP in the future when the water tower is removed. Mr. Bednarz explained that is correct. Motion by Trude, Seconded by Jacobson, to approve the proposed conditional use permit. Motion calTied unanimously. (See Resolution R013-l0) CONSIDER CONDITIONAL USE PERMIT/1717 CROSSTOWN BOULEVARD NW/CLEAR WIRELESS LLC Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top and sides ofthe City water tower located adjacent to City Hall. A conditional use permit is 0 required to locate antennas above 35 feet in height. The water tower is 166 feet tall. Mr. Bednarz reviewed the staff report with the Council. Councilmember Jacobson asked how many more antennas the tower can hold. Mr. Berkowitz stated they have worked with the different carriers to clean up the antennas on the tower so there is more availability. Mr. Dave Hagen, Clear Wireless, LLC, reviewed the plans with the Council. Motion by Jacobson, Seconded by Knight, to approve the proposed conditional use permit. Motion carried unanimously. (See Resolution RO 14-1 0) SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATION MEETING The Council is requested to schedule a Local Board of Appeal & Equalization Meeting for April 22,2010 at 7:00 p.m. Motion by Jacobson, Seconded by Trude, to schedule a Local Board of Appeal & Equalization Meeting for April 22, 2010 at 7:00 p.m. Motion carried unanimously. 0 ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 10 activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT There was none. The Council recessed to go into a closed session to receive an update on union negotiations, land purchase negations for PID 29-32-24-44-0022 and PID 10-32-24-22-0012 at 9:21 p,m. The Council reconvened at 9:54 p.m. to adjourn. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:55 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 0 Regular Andover City Council Meeting Minutes - February 3, 2010 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 3,2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ,....,..,....,......,......,..............................,.................,....,.,..,...,.........,.... 1 PRESENTATION -ANDOVER ATHLETIC ASSOCIATION ...................................................1 RESIDENT FORUM .,...,.................,...................................,..,..............,...............,.........,.,..,......... 1 AGENDA APPROV AL................................,.........................,.......,......,..,.......,...,..............".........2 APPROVAL OF MlNUTES..........,.................,.......,....,........,.......,................,...."...................,..... 2 CONSENT ITEMS ..,..,..................,.......................................,....................,.........,.........................2 Approval of Claims.,.,................................,................................,............................,..,.......,...,.. 2 Consider Approval Application for Exempt Permit/North Suburban Women's Club............... 2 Approve Resolution Accepting Donations/ AAAI Sunshine Park/Scoreboards for Ball Fields/lO-ll (See Resolution R010-l0)........................................................................ 2 Award Bid/09-1O/2010 Tree Removal Contractor (See Resolution R007-1O) .......................... 2 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC MEETING/l0-1........................................................................ 2 CONSIDER CONDITIONAL USE PERMIT/HIDDEN CREEK NORTH PARK/CLEAR 0 WIRELESS LLC (See Resolution R012-l0) ............................................................................. 3 AWARD BOND SALE FOR OPEN SPACE AND REFUNDING BONDS (See Resolution RO 11-1 0)...,.................................. ,.........................................................,..............,..................... 8 CONSIDER CONDITIONAL USE PERMIT/ROSE PARK/CLEAR WIRELESS LLC (See Resolution RO 13-1 0) ...........,.............,..........................................,..............,.......,............,......,..,8 CONSIDER CONDITIONAL USE PERMIT/1717 CROSSTOWN BOULEVARD NW/CLEAR WIRELESS LLC (See Resolution ROI4-10) ............................................................................. 9 SCHEDULE LOCAL BOARD OF APPEAL & EQUALIZATION MEETING ........................... 9 ADMINISTRATOR REPORT ...........,......,......,.......................'......,................,.............,............,.. 9 MAYOR/COUNCIL INPUT .,.,.......,.......,........,................,..........,.............,.....................,......,.... 10 ADJOURNMENT.,.......,..............,.............................,.........,..........,.............,.........,..................... 10 0