Loading...
HomeMy WebLinkAboutCC - August 17, 2010 " C I T Y o F NDOVE 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, August 17, 20 I 0 Call to Order -7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/20/10 Workshop, 7/20/10 Closed, 8/4/10 Regular, 8/4/10 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Declare Surplus Material/Sand - Engineering 4. Approve City Code Amendment/Changes to the Wind Turbine Ordinance - Planning 5. Amend Community Center Fees/Fee Ordinance No. 377 - Community Center 6. Approve 201 I Anoka County Sheriff's Contract-Administration 7. Approve Contract for School LiaisonlAnoka-Hennepin School District #1 I - Administration 0 Discussion Items 8. Anoka County Sheriff's Department Monthly Report - Sheriff 9. Consider Special Bow Hunting Request for Smith's Rolling Oaks Neighborhood - Planning 10. Consider Two Year Time Extension/Timber Trails 2nd Addition - Planning StaffItems II. Schedule September Workshop Meeting - Administration 12. Administrator's Report - Administration Mayor/Council Input Closed Session - Public Works Union Negotiations Update Adjournment 0 0 REGULAR ANDOVER CITY COUNCIL MEETING-AUGUST 17,2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 17, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, and Julie Trude Councilmember absent: None Also present: Director of Public Works/City Engineer, Dave Berkowitz City Planner Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Addition of the August 8, 2010 Regular and Closed Session minutes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES July 20,2010, Workshop Meeting: Correct as amended. Councilmember Jacobson asked on page 1, line 23, if the amount should be $40,000. Mr. Berkowitz indicated the amount should read $740,000. 0 Councilmember Jacobson stated on page 3, line 30, starts off with the words "area to free up for the operational side." He stated on the same page, line 38, it says "the City's broker evaluated it and do no believed it" and he wondered what they did not believe. Mr. Dickinson stated it should be The League of Minnesota Cities recommendation. - 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 2 Councilmember Trude stated the word "issues" should be "issue" in the same area. Councilmember Trude stated on page 2, line 27, "Mr. Brian Kraabel stated they are taking different waters" and she thought he was talking about taking water from different aquifers. Mr. Berkowitz believed the statement was referring to the different interconnects they have with Coon Rapids and Anoka, meaning different type of waters and the way they are treated. Councilmember Trude suggested they word it as follows: "water of different qualities". Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. July 20,2010, Closed Meeting: Correct as amended. Councilmember Jacobson stated on page one, line 36, it talks about the valuation of the parcel and he would like words to be added after parcel "to be purchased back". Councilmember Trude stated on page three, line 9 instead of moral it should be "morale" and to strike the word Baa and insert poorly. 0 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. August 8, 2010, Regular Meeting: Correct as amended. Councilmember Trude stated on page one, line 45, it should be "branches". She also stated that during the public hearing they had the letter read and the transcription had some words that are not accurate and she thought it would be better to have someone on staff conform the actual letter into the minutes. Mr. Dickinson stated he would have that done. Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). August 8, 2010, Closed Meeting: Correct as amended. Councilmember Trude stated on page three, line 9, after the word eroding it should be "their relationships with and strike thc ambitions ofthcir. Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). 0 CONSENT ITEMS Item 2 Approval of Claims Item 3 Declare Surplus Material/Sand 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 3 Item 4 Approve City Code Amendment/Changes to the Wind Turbine Ordinance (See Ordinance 397) Item 5 Amend Community Center Fees/Fee Ordinance No. 377 (See Ordinance 398) Item 6 Approve 2011 Anoka Sheriffs Contract Item 7 Approve Contract for School Liaison! Anoka- Hennepin School District # 11 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read with a change to the Wind Turbine Ordinance on page 13 of the full version to the word "insurance". Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Tom Wells from the Anoka County Sheriffs Office presented the Sheriffs Department Month Report to the City Council. CONSIDER SPECIAL BOW HUNTING REQUEST FOR SMITH'S ROLLING OAKS 0 NEIGHBORHOOD Mr. Bednarz explained that members of the Smith's Rolling Oaks Neighborhood have requested permission for a Special bow hunt from November 15th through December 31, 2010. Mr. Bednarz reviewed the information with the Council. Councilmember Trude stated they needed to look at the City Code and the question would be why there should be a special hunt because the DNR has not specified that there were too many deer in the area and the only confirmation of too many deer were by the residents. She reviewed how Bunker Hills Regional Park does their deer hunt each year. Councilmember Trude wondered why they would allow a special hunt in the City for something like this. Mr. Dickinson stated they do have a provision in their City Code that does allow for a special hunt. They have done special hunts in the community before but they have been related to geese and predators (coyotes), via bow. The City does allow this by permit only. Councilmember Bukkila read from the City Code where this provision is listed. Mr. Bednarz indicated he talked to the DNR and they promote hunting, it is local ordinances that restrict the location where you can hunt and as long as they are following the DNR regulations the DNR does not have an issue with hunting. 0 Councilmember Trude asked of the City Attorney's opinion on this. City Attorney Baumgartner stated he thought the code read the provisions sole purpose was to manage and control the wildlife populations and before the Council can make the decision on whether or not to allow this, he thought there has to be a decision made that it is necessary first, if that is going to be the exception or exemption to this section to allow for that sole purpose he thought the determination 0 Regular Andover City Council Meeting Minutes-August 17,2010 Page 4 had to be made that it is necessary before it is allowed. Councilmember Trude agreed and thought they needed to find a reason for this special hunt. Councilmember Knight asked if the DNR is involved, it has to be open to all hunters. City Attorney Baumgartner stated he was not sure how they do the special hunts. Mr. Bednarz stated the DNR does have a process that hunters have to go through to qualify for their special hunts. He stated the difference here is this is a request by the local residents and is not a DNR sponsored thing. Mr. Dickinson stated the request is to do the hunt during regular hunting season which the DNR allows and the City restricts where hunting is done and the residents is requesting to hunt in a restricted area. Councilmember Bukkila stated she talked to the DNR and they said there was no proficiency test at all for adults, only juveniles. She was under the impression that they were not going with a special hunt but asking for authorization to hunt on their own property. Councilmember Knight stated one ofthe opponents stated there were strange hunters on their property and blocking their driveways so he wondered if this would be open to anybody. Mr. Bednarz stated the proposal is 0 for the residents to hunt on their own property and no one else's property. The Council discussed past hunts and the reasons for and against a special hunt in the City. Councilmember Bukkila stated she did not see a reason to not try to make this happen for the people in this neighborhood. Councilmember Trude asked how much area Councilmember Bukkila thought they should have for bow hunting because she talked to people who bow hunt and they indicated they need to have room for tracking of the injured deer besides just shooting the animal. Mayor Gamache asked if the sole purpose of managing and controlling deer populations any deer hunting season. City Attorney Baumgartner stated that was true along with the sportsmanship of it. Mayor Gamache asked if it was necessary for a City in this regard to look at it and indicate that there is an over population of deer when it is normally deer hunting season and others will be hunting in permitted areas of the City. City Attorney Baumgartner thought it also had to be read in conjunction of where the hunt is going to occur as well and has to be hand in hand. Councilmember Trude thought this needed to mean something because if they wanted hunting to happen all the time in that area they should have added it to the map as a permitted hunting area when previously reviewed. She thought there needed to be a reason for a special hunt in this area even though it would be during hunting season. 0 Mr. Don Wilson, 14920 University Avenue NW, stated he brought this forward to the Council and they have tried to do everything the City requested of them. He stated they would like to try it this year to see if it works and if it does not work then they will not request it again. Councilmember Trude stated she understood the request was from the middle of November -- Q Regular Andover City Council Meeting Minutes - August 17, 2010 Page 5 through December and the concern of the residents was the concern for their children at during their school break and what the rush was to get this approved in August when they don't want to hunt until the middle of November. Mayor Gamache asked what happens when the hunter has to track the deer on another person's property, he understood the hunter could not carry along the weapon but could track the deer. Mr. Wilson stated his understanding was if they needed to track the deer off of their property they needed to get the permission of the property owner where the deer is to get the deer but if denied by the property owner the hunter is supposed to contact the DNR and a DNR agent will come out and take care ofthe deer. Mayor Gamache stated it was his understanding that the hunter would abide by all DNR regulations, only hunting from a tree stand, field dress the deer on their own property, tracking the deer only by getting permission by the land owners, the plan is to only go for the doe and the hunting time would be middle of November through December 31 st with this being the trial year. He agreed that they would not need to necessarily make a decision at this meeting in order to get more neighborhood input. 0 Councilmember Trude stated some of the people in this neighborhood are not comfortable with the bow hunting and they like the idea that when the County has a special hunt they have people go through a DNR proficiency course and pass in order to hunt and she wondered if they would be willing to make that a requirement. Mr. Wilson did not see a problem with that if that is what it takes to get a special hunt approved. Councilmember Bukkila stated she would like to have at least fifty percent of the adjacent properties to approve in order to approve this hunt. Councilmember Jacobson stated his impression of the meeting tonight and the meetings in the past is that government tends to make things really complicated and with the discussions they have had tonight he thought they are making this overly complicated and he would like to make a motion for possible discussion. Motion by Jacobson, Seconded by Bukkila, to allow the special bow hunt for Smith's Rolling Oaks, only the first and second weekend of December 2010 and they must obtain permission from property owners to do tracking outside of own property, property owner only, no one from the outside, tree stand shooting only, following DNR guidelines and must hunt on own property. Councilmember Jacobson stated this issue has come up over the last five years and he used to live in that area and understands there are a lot of critters in that area and over the four and five years they have been looking at this they have come up with ideas why they should not allow this 0 and he would not be in favor of voting for this if it were the entire length they wished to hunt but he thought at this point for the number of people who said they were in favor of this or at least allow it, he would like to see how it goes for two weekends and see if they get complaints and if it is a problem that limits the exposure and then they can find out what is true and false and go from there. 0 Regular Andover City Council Meeting Minutes-August 17,2010 Page 6 Mayor Gamache stated to clarify and make sure they have everything he wanted to know what the first two weekends in December are and he would like to have the dates noted in the motion. Councilmember Bukkila stated it would be December 4_5th and II-12th. Mayor Gamache asked if it was in the motion that permits were required. Councilmember Jacobson stated it was not. Mr. Jerry Colbert, 56 l46th Lane, stated he wanted to be included in this hunt and did not know how he got excluded. He noted he did bow hunt. He stated the DNR does not qualify the hunters, they pull names for permits and those that get permits get to hunt. Mr. Michael Engelmann, 14835 Evergreen Street NW, stated eighty percent of the lots in the area are 2.5 acres and the City Ordinance states a bow may not be fired within a 150 feet of a residence. He showed a map to scale of his lot showing there was not anywhere on his lot that he could shoot a bow without hitting another residence. He stated he has concerns with the deer running but he was also concerned about hunting in the area and maintaining a safe distance from other residences. 0 Councilmember Jacobson stated Councilmember Bukkila has to leave the meeting soon and wondered if they should vote on this now. Councilmember Trude stated she could make a motion to table this until the September 7, 2010 meeting. Motion by Trude, to table the motion until the September 7,2010 City Council meeting. Motion failed for lack of second. Mr. Don Granander, 14800 Evergreen Street NW, stated the if the deer population was too big they would be eating the underbrush and in their neighborhood the brush is so thick you cannot even walk through it so the deer are very healthy. He stated the reason why they moved to Andover is because of the deer and turkey and Mr. Bednarz told him that the City has not had any complaints about the deer except from the people who want to hunt the deer. Mr. Bednarz indicated that was correct. Mr. Granander did not think the deer were a big problem. He thought the deer hunt will cause bad feelings in the neighborhood between residents. Mr. Ray Sowada, 14921 Butternut Street, asked if a crossbow would be allowed because he has received special permission by the DNR to use one. City Attorney Baumgartner stated this was handled in a special way by the DNR and thought it would be allowed if the special bow hunt is approved. Councilmember Bukkila left the meeting at 8:30 p.m. 0 Ms. Shirley Beam, 121 Andover Boulevard, stated she was at the meeting a couple years ago in opposition of this based on safety issues and the non existence need to reduce the number of deer because offood shortage and the questionable use of bows and arrows. Her questions to consider were: rfthey were using the argument of overgrazing leading to starvation as the 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 7 rationale how could it be justified with the lush vegetation they have now and the deer are not starving. If the request is approved, how would limiting the number of deer killed be enforced. If approved how would landowners only be monitored. If approved how could the rule of no baiting be enforced. If approved how would the decision to allow hunting benefit the residences of Andover and would there be a benefit to Andover to do away with the deer. Ms. Beam noted some bushes and trees that are deer resistant that could be planted along with liquid that could be placed in the yard to deter the deer. She suggested the DNR should be involved to find out ifthere are too many deer and get experts to set the limits and time to hunt. Councilmember Jacobson stated his motion should include "only property owners would be allowed to hunt". Mr. Jim Williams, 14810 University Avenue, stated he is a qualified sharp shooter for the Metro Bow Hunter Resource Base and participates in local area hunts throughout the seven county metro area and an instructor for the DNR for the advanced bow hunter education program and one of the things they focus on is respect for the land owners and respect for the animal. He stated as they move forward with this experiment for the hunt he expected they will be under the 0 microscope and should expect zero tolerance of any negative events so the participants in this hunt should take it very seriously and responsibly and understand their neighbors limitations and being very patient and responsible in waiting for a very humane shot so they do not have to deal with a long trailing situation. He stated in light of this experience he would like to keep those things in mind. Mr. Forrest Brothen, 14149 Butternut Street, stated this neighborhood is very unique and quiet and there are a lot of deer. He thought the DNR should have the say on if there are too many deer in the neighborhood or not. He stated minus Ham Lake, two out ofthree sides they can hunt now so all ofthe issues being discussed are already in play now and how many complaints do they get now from the neighborhood to the City. Councilmember Trude noted a few complaints they have received over the last couple of years. Captain Wells stated he has pulled reports in that area and he has not seen any. Councilmember Trude thought they needed clarification on the 150 foot because she thought people were confused. Mr. Bednarz stated this is a local ordinance. City Attorney Baumgartner stated the 150 feet is from the point of discharge to the residence, it has to be 150 feet. Mr. Jerry Colbert, stated he wanted to hunt because there are so many deer in their neighborhood and so much deer excrement in his yard. Mr. Mike Engelmann, 14835 Evergreen, stated at the last meeting nine out often people were 0 against this, Councilmember Knight and Jacobson were against it and he wondered what changed. He wondered ifthere has been lobbying and wanted to know who was for or against this. He thought independents needed to take the survey in the area and not the hunters. He thought this needed to be an independent study. He wondered why the Councilmember's changed their votes. ---------- - : 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 8 Mayor Gamache stated they have not voted yet so he did not know if the votes changed but they had a different request at the time and it was for a permanent change for a larger area in the City, now it is restricted to a smaller neighborhood and for a shorter period oftime for only one time, not permanent. Councilmember Jacobson called the issue to vote. Councilmember Trude stated she was looking back at the minutes of September 5, 2006 and it seems like the reason why this keeps coming back is because when the Council says no, the residents don't take no for the answer. She stated in 2006 everybody was here and now when she looks at the petition it is empty except for two people and she noticed a lot of homes on the list with no response and she thought it came back because when they looked at the hunting ordinance this spring they reviewed areas that should be able to hunt and the people that came to them in 2006, the people bringing the petition thought they had their foot in the door to come to them when they were rewriting the whole hunting ordinance and they could just open the area permanently and at that time they were told no but there was a provision to come in and get a special hunt. Now they have brought a petition, supposedly informing the entire neighborhood 0 and she did not know ifthey had all the information and did not feel there was a rush to get to a decision. When she looked at the concerns people had in 2006, she did not think they have addressed those concerns. She did not see some of the people who were concerned and she knew there were people who contacted her who were afraid they will not have good relationships in the neighborhood when this is done. There are other areas in the City where this would be a better fit. She would prefer if the people on the north side of South Coon Creek came in because they would have the space to do this. She was very worried about the families who have children and their playing in the backyards while a hunt is going on in the woods. She thought this will restrict the use ofpeople's property for the limited time the hunt would be allowed. She stated they do not know the people that will be hunting or how qualified they are to hunt. She stated they have the testimony from Mr. Cahill in 2006 regarding the age hunters need to be and that concerns her that they could have first time hunters out there. Councilmember Jacobson stated the hunter has to be the property owner and relatives carmot hunt on the land, which is the motion he made. Councilmember Trude asked ifthe only people who can hunt are the ones on the deed. Councilmember Jacobson indicated that was correct. Councilmember Trude stated they need to figure out the 150 foot rule because the deer stand would not necessarily be 150 feet away from the neighbor's property. Councilmember Jacobson thought the neighbors would regulate violations and report anything they see that is not right. He thought they were making this too complicated and thought the hunters will be very careful because if there are problems they will not get this hunt again in future years. CounciImember 0 Knight stated they have to understand that the real bow hunting season runs 2.5 months and these residents are looking at four days, two Saturdays and two Sundays so it is very minimal. Councilmember Trude stated the risks are the same. City Attorney Baumgartner stated in looking at the ordinance itself the Council is being asked to ~ 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 9 exempt this hunt from the ordinance and in looking at the language they have to find that the sole purpose is for the management and control of the animals. There is one other requirement under Article 5, Chapter 4-1 G, #2, that the exemptions allowed provided the hunt has received DNR support and understood the motion contemplated following the DNR guidelines and regulations and he wanted to make sure they are keeping within the intent and spirit ofthe Ordinance in granting the exemption. Councilmember Jacobson stated that was correct and in his motion. He understood that staff contacted the DNR and they did not have an issue with bow hunting. Mr. Bednarz concurred. City Attorney Baumgartner stated if there is a violation of any of those conditions then are they to assurne that they are not exempt from the ordinance and therefore in violation of the ordinance and subject to a misdemeanor citation by law enforcement. Councilmember Jacobson and Mr. Dickinson indicated that is how they understood it to be. City Attorney Baumgartner stated Councilmember Jacobson's motion was to restrict it to the residence only and if it is the intent that it be the property owner, he thought it was two different things. Councilmember Jacobson indicated it would be the property owner. 0 Motion carried 3 ayes, I nay (Trude), 1 absent (Bukkila). CONSIDER TWO YEAR TIME EXTENSION/TIMBER TRAILS 2ND ADDITION Mr. Bednarz stated Landmark Community Bank is seeking a time extension to extend the approval ofthis plat for two more years. Motion by Trude, Seconded by Knight, to approve the proposed time extension for Timber Trails 2nd Addition. Councilmember Jacobson stated when the plat was approved they got two years automatically and then were granted a one year extension and now are looking for two more but wondered why they wanted another two years. Mr. Jerry Moynagh, Landmark Bank, indicated they have only owned the property for one year and in this economy one year is not long enough and expect it to get done within two years. Councilmember Jacobson asked ifthis is extended for two years what does the City lose. Mr. Dickinson stated potential things that could come into play is if some permitting changes come into play such as the watershed district. What may be on their plat may not comply with what some permit requirements might be. Mr. Bednarz stated they will have to update their watershed approval with any changes and will need a permit from the County Highway Department. Mr. 0 Dickinson stated this is not a full blanket exemption for changes but it does provide a level of security from the plat perspective. Motion carried unanimously. (See Resolution R065-l0) 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 10 SCHEDULE SEPTEMBER WORKSHOP MEETING Motion by Jacobson, Seconded by Knight, to schedule the September Workshop Meeting for 6:00 p.m. on September 28,2010. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and City Department Activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT (YMCA/Community Center Anniversary Celebration) - Councilmember Trude stated at the YMCA/Community Center five year anniversary there were a lot of people that came through and appreciated all the help but were still not at the five thousand members which was what their projections told them. She stated they were very pleased with the outcome and it was a pleasant 0 day. (School Saftty) - Mayor Gamache stated they are getting close to school time and the Sheriffs Department will be starting up the flashing lights on Hanson Boulevard and on Bunker Lake Boulevard so be sure to slow down. Councilmember Trude stated they will not be seeing school crossing guards because there will be more bussing and eliminating the school crossing guards to save money. The Council recessed at 9:10 p.m. to go into a closed session to discuss 2010 Public Works Union Negotiations. The Council reconvened at 9:24 p.m. to adjourn. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:25 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes - August 17, 2010 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 17,2010 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 Declare Surplus Material/Sand ................................................................................................... 2 Approve City Code Amendment/Changes to the Wind Turbine Ordinance (See Ordinance 397) ...................................................................................................................................... 3 Amend Community Center Fees/Fee Ordinance No. 377 (See Ordinance 398) ........................ 3 Approve 2011 Anoka Sheriffs Contract.................................................................................... 3 Approve Contract for School Liaison/Anoka-Hennepin School District #11............................3 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT................................... 3 CONSIDER SPECIAL BOW HUNTING REQUEST FOR SMITH'S ROLLING OAKS 0 NEIGHBORHOOD .................................................................................................................... 3 CONSIDER TWO YEAR TIME EXTENSION/TIMBER TRAILS 2ND ADDITION (See Resolution R065-1 0) ... ............................................................... ...... .......................................... 9 SCHEDULE SEPTEMBER WORKSHOP MEETING ............................................................... 10 ADMINISTRATOR REPORT ..................................................................................................... 10 MAYOR/COUNCIL INPUT ........................................................................................................ 10 YMCA/Community Center Anniversary Celebration .............................................................. 10 School Safety............................................................................................................................ 10 ADJOURNMENT......................................................................................................................... 10 0