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HomeMy WebLinkAboutCC - August 4, 2010 b 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, August 4,2010 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/20/10 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. A ward Bid/I 0-12/ Public Works Salt Storage Facility - Engineering 4. Award Bid/09-18/Hawkridge Park Reconstruction/Well (Supplemental) - Engineering 5. Approve Auditing Services Contract/HLB Tautges Redpath - Finance 6. Approve Therapeutic Massage Therapist License - Administration 7. Authorize Facility Management Budget/Emergency Backup Power - Finance 0 8. Approve Resolution/ Approving License Agreement /Hidden Creek North/Clear Wireless - Administration 9. Approve Change Order # II 10-04/20 I 0 Seal Coating - Engineering Discussion Items 10. Public Hearing/City Code Amendment to Apply Park Regulations to Open Space Properties - Planning 11. Public Hearing/City Code Amendment to Allow Lots at Least 2.375 Acres in Size to be Considered Equivalent to 2.5 Acre Lots for the Purposes of Interpreting the City Code - Planning 12. Public Hearing/City Code Amendment to Consider Changes to the Wind Turbine Ordinance- Planning Staff Items 13. Schedule August EDA Meeting- Administration 14. Administrator's Report - Administration Mayor/Council Input Closed Session - 20 I 0 Public Works Union Contract ReviewIDiscussion - Administration Closed Session - Open Space Land Purchase Negotiations - White Pine Wilderness - Administration Adjournment 0 0 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 - AUGUST 4, 2010 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Julie Trude, August 4, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight Councilmember absent: Mike Gamache Also present: Director of Public Works/City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others 0 PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Move Item 4 to discussion. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES July 20, 2010, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, they were discussing the tree branches and trees that were down from the storm and she wanted to add a paragraph that was left out. Line 22 should 0 read "Councilmember Trude suggested a less expensive option would be if the City hired a wood chipper and came to the neighborhood to chip the branches and left the chips for the neighborhood landscaping. Logs would be kept by the homeowners. This way there would be no removal costs." 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 2 Councilmember Jacobson stated on page 3, line 19, "...did not think there would be. Councilmember Jacobson asked ifthe City would allow the RV to be..." Motion by Knight, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Bid/1O-l2/Public Works Salt Storage Facility (See Resolution R062-10) Item 5 Approve Auditing Services Contract/HLB Tautges Redpath Item 6 Approve Therapeutic Massage Therapist License Item 7 Authorize Facility Management Budget/Emergency Backup Power Item 8 Approve Resolution! Approving License Agreement/Hidden Creek North/Clear Wireless (See Resolution R063-l0) Item 9 Approve Change Order # 1/1 0-04/20 1 0 Seal Coating (See Resolution R064-l 0) 0 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanirnously. PUBLIC HEARING/CITY CODE AMENDMENT TO APPLY PARK REGULATIONS TO OPEN SPACE PROPERTIES Mr. Bednarz stated the Open Space Advisory Commission has discussed establishing rules for open space areas to satisfy that portion of their assigned duties. As a part ofthose discussions they reviewed City Code 8-4 which provides regulations for parks and recreation areas. It is the recommendation of the Open Space Advisory Commission that the existing park regulations be applied to open space properties. Mr. Bednarz reviewed the information with the Council. Councilmember Trude asked ifthere was discussion about horses. Mr. Bednarz stated the Open Space Commission has talked about horses on multiple occasions and did not want to make a change to allow or include them. Councilmember Trude stated she saw this as an opportunity to clean up this ordinance because she noticed that right now it is not allowed to rollerblade anywhere in tlle City except Sunshine Park. Councilmembers Knight and Jacobson indicated they would like to look at leashed 0 animals, motor vehicles in parks, and firearms. Mr. Dickinson thought this item might want to be redirected back to the Park Commission to review and discuss possible changes. He stated their first goal would be to have some regulations for open space propeliies that would be put in place immediately and if they would like to look back at these other items they should re- 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 3 advertise and bring it back. He stated they would really like to have something in place for their open space since there is not anything currently. Mr. Bednarz reviewed the cunent discharge ordinance with the Council and indicated this would also be valid on the open space. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. No one from the public wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing. Councilmember Trude wondered if they should close the public hearing or if they should continue it to another meeting. City Attorney Baumgartner stated he agreed with what Mr. Dickinson stated. If they are looking at doing a revamp of the park outside of what they are talking about currently which is the addition of open space to the cunent ordinance that should be a different hearing so he would close the public hearing for the purposes of what they are 0 addressing currently at the meeting and ifthey want to go back and make any major improvements, additions or deletions to the ordinance as a whole it should be something completely different. Councilmember Trude thought there was an opportunity to clean something up and did not want anyone to go to court because they were skateboarding or rollerblading. She thought this would be an opportunity to get a free clean up of an ordinance. She asked if anyone would have an objection if they were to remove that provision from the Parks ordinance. Councilmember Jacobson thought they should close the public hearing and then they should send this to a workshop to discuss and possibly end up with two ordinances, one for parks and one for open space. Councilmember Trude stated she did not want to close the public hearing until she was able to get her issue cleaned up. She thought the other items could be discussed at another time. She stated she did not want to adopt this ordinance if they thought they would have to readopt it again after more changes. Councilmember Jacobson stated if they close the meeting and then don't do anything, they still have the original park ordinance as it stands now. Councilmember Trude understood and stated the concern that was originally brought forward is do they want to have any regulations for the open space and that is the reason why they published the notice so the public deserves the opportunity to know what some of the concerns might be. 0 Mr. Dickinson stated from his perspective, what are the primary items they have concern with. His primary concern is not having regulations over the open space. Councilmember Trude agreed and stated she did not want action on the hearing or the ordinance until she knew this was 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 4 the direction to pursue. There is concern about bringing this to a workshop since there is so much work to be done and maybe they need to have a little more understanding. If they adopt this and then they come up with a whole new ordinance they will need to bring this ordinance back and change it and then bring in the new ordinance. Councilmember Knight stated there are some issues, particularly with the piece on the river where you could have people canoeing and camping there and would they want that or not. He stated there is one item that says you have to have a dog leashed and he did not think it was practical to leash a dog in the open space woods. These are little things but pertain to this. Councilmember Trude stated she would prefer they continue the public hearing if they are just going to have some discussion with the attorney, iron out things and make a decision. She thought if they are going to make some changes this should come back for comment. Mr. Dickinson stated if they were to make some wholesale changes he thought it should be re- adveliised. They could take this to the August workshop to review and if necessary this could be re-advertised for the second Council meeting in September. City Attorney Baumgartner stated if they were to continue this public hearing, it will be confined solely to the open space, you should not go back in and make the changes they have been Q discussing because that is something over and above what has been advertised so they should re- advertise because there might be some people that do not have a problem with including open space to this ordinance but may want to comment about some of these things the Council wants to discuss. Councilmember Trude thought that was reasonable and accepted the motion to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Bukkila, to move this item to the August City Council Workshop for further discussion. Councilmember Knight stated the issues he thought that should be discussed are: land that is on a water body versus land that is completely landlocked. Councilmember Jacobson stated his concern is with firearms and ifthey are going to allow hunting in the open spaces or not. Councilmember Trude stated ifthis is adopted tonight there will not be any hunting on open space land. Councilmember Jacobson stated he is also concerned about vehicles and play areas listed in the current ordinance, he thought they needed to talk about them so they understand what they are 0 doing. Councilmember Trude asked if the Parks and Recreation Commission or Open Space Commission discussed these items already and was there a concern. Mr. Bednarz stated the 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 5 Open Space Commission's understanding was much like was outlined that motor vehicles would not be allowed unless there were designed areas for them. Councilmember Trude asked if they adopted the ordinance as proposed would there be any hunting in the open space areas. City Attorney Baumgartner stated if they adopt this as proposed there would not be any hunting in open space areas because firearms are excluded from parks and open space. Councilmember Trude asked ifbows would be excluded also. Mr. Dickinson stated that is covered in the discharge ordinance. Councilmember Trude asked if camping would be allowed in the open space areas. Mr. Bednarz stated as written they would not be allowed based on the hours of operation and they do not allow fires. Councilmember Trude stated she would be willing to defer this for another week or two to a workshop when all the Council will be there. Councilmember Knight stated they also need to discuss signage. Mr. Dickinson stated the Open Space Commission has already discussed this and he asked Mr. Bednarz to review the signage plan with the Council. 0 Mr. Bednarz reviewed what the Open Space Commission has done so far in regard to signage of the open space areas. Motion carried unanimously. PUBLIC HEARING/CITY CODE AMENDMENT TO ALLOW LOTS AT LEAST 2.375 ACRES IN SIZE TO BE CONSIDERED EQUIVALENT TO 2.5 ACRE LOTS FOR THE PURPOSE OF INTERPRETING THE CITY CODE. Mr. Bednarz stated the Council has discussed properties that are fractionally above or below an acreage requirement of the City Code on several occasions. The outcome was to direct staff to prepare an ordinance amendment that allowed what has been referred to as a 95% rule for regulations that affect the use of lots intended to be 2.5 acres in size. Mr. Bednarz reviewed the information with the Council. Councilmember Trude wondered if the ordinance title would change. Mr. Bednarz stated the ordinance that will be adopted will include the new title. Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. 0 Mr. Dickinson read into the record the following statement from Shannen Schmieg, 2731 l67th Lane NW. The topic is related to City Code regarding ATV's and OHM's. 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 6 "Good Evening, this statement is being read aloud on my behalf per Andover City Administrator's approval. Since early this spring my family has had an ongoing noise and nuisance issue with our neighbors to the south of us which our home faces. Because the neighbor refused to come to a compromise or agree to mediation we filed a complaint with the City of Andover. This person then decided to drag everyone in Andover who had 2.35 to 2.49 acres into what should have been a one on one appeasement. Since then our home has been subject to three incidents where profanities were written in our driveway, soiled underwear was left in fi:ont of our home and gunshots fired in the rear of our property. Lastly I was verbally threatened by an attendee from the workshop in July. For the record, for those who are unaware, our son is the reason I asked the neighbor to compromise. Our son has Asperger's Syndrome which is part of the Autism Spectrum. Loud sounds are terrifying to anyone with the condition. The use of ATV's and OHM's on the neighbors track has disrupted his life and impacted our family to the extreme that we often leave our home and have to medicate our son to ease his anxieties. Though some of his anxieties are not the neighbors fault, he was fully aware of our son's condition yet continued to wantonly engaged in the continued use. Our main issue is the extreme noise coming from 16729 Crocus Street due to the use of multiple A TV's and full size OHM's. It is our opinion the excessive noise is due to the use of multiple machines at one time and the use of jumps. These machines rev louder than standard use when throttling to gain 0 momentum to get over said jumps. These jumps are manmade dirt piles that exceed two feet in height. One is estimated at 3.5 feet. No one in the Lund Evergreen Estates has a track. They may ride on their property but do not have a visible track nor does anyone have jumps. Photos provided showing dirt jumps." Mr. Dickinson showed the Council the photos. Councilmember Trude indicated the Council received this letter also. Mr. Dickinson continued with the letter: "Our second issue is the littering and kick-up of dirt and dust from this track. When this neighbor is riding dust kicks up and travels onto our property. When this occurs and we are outside or on our deck we are littered with said debris. We often had to retreat inside until the neighbor finished and the dust settled. This is not just a nuisance but a health hazard, especially to asthmatics. This neighbor created a track that has curves, jumps and is rather large for a small parcel that is in full view on three of his four sides in the development. This is more than leisure use to ATV's and OHM's. Though the City is expected to pass a revision of the said ordinance to grandfather in parcel owners who have thought they had 2.5 acres or are in a development where most ofthe neighboring parcels are 2.5 acres or higher, I the complainant urge and request that serious limitations be set due to the size of these parcels, proximity of neighboring parcels and exactly how the use impacts neighbors and the environment. 0 1. The hours of use should be limited until 7:00 p.m. due to the noise factor. Small children and some adults attempt to sleep that early, bringing the time down to 7:00 p.m. would add an extra hour of quiet time for those needing rest. 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 7 2. Limit the number of machines that can be used at once to only one. Due to the noise factor and the nuisance of dust, this would lower the noise level and amount of dust traveling to neighboring parcels. 3. Require those with visual dirt tracks to add gravel to limit the dust nuisance and add a buffer zone with trees, shrubs or privacy fence. This would drastically reduce dust and dirt kick-up. 4. No jumps purchased or manmade should be used with parcels this size. This only adds to the noise when an A TV or OHM needs to thrust the throttle to get over these jumps. 5. If numerous complaints about noise and or dust are confirmed by law enforcement in the future it should be the City Council that comes out to observe the said complaint. It will only be there that a true understanding of how disturbing and a nuisance they can be and how much it effects residents lives. Speaking on behalf of those with special needs children and residents who live in close proximity, I urge the City Council to add these requested restrictions. It is essential for the peace and tranquility of Andover. Thank you, respectfully submitted, Shannen Schmieg." Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried 0 unanimously. Councilmember Jacobson wondered if on the first line they could change the sentence after Policy to read: ".. . for those rural lots originally platted and intended" be appropriate because there are rural lots of 2.5 acres that were just carved out and not platted. City Attorney Baumgartner thought that by inserting the word platted they will limit it down so ifthere was any lot that the intended result was the 2.5 acres regardless of whether or not it was platted, you would miss those. Councilmember Trude stated they had a few of those come in because oflot splits. Councilmember Knight asked if they had lots that were intended to be 2.5 acres and some of them turn out to be less than the minimum, would it not be fair to leave them all at that rather than putting any footage on them. City Attorney Baumgartner stated they are going to have to have some size requirement or they are going to have nothing and then they are going to leave themselves open to arguments of intention. Usually he would suggest that if it was intended to be 2.5 acres it is going to be pretty close to that or it is going to be so much less that it is going to be noticeable. Councilmember Knight asked what the language is when these are recorded. City Attorney Baumgartner stated it is typically recorded by acreage; the issue is when roads come in and decrease the size of the property. 0 Motion by Jacobson, Seconded by Bukkila, to approve the draft ordinance amendment along with the summary ordinance. ~ , 0 Regular Andover City Council Meeting Minutes-August 4, 2010 Page 8 Councilmember Trude stated this all came about because of concem an individual had with the neighboring property owner and she did not think this action addresses the concems the two neighbors have and mediation would probably be the most successful tool that these parties could engage in to live in peace in the neighborhood. Motion carried unanimously. (See Ordinance 396) PUBLIC HEARING/CITY CODE AMENDMENT TO CONSIDER CHANGES TO THE WIND TURBINE ORDINANCE Mr. Dickinson stated at the May 20,2010 workshop, the City Council reviewed the adopted City Code language for regulations of wind energy conversion systems and compared it with language that was suggested by Councilmember Jacobson. At the May 20th workshop, the Council liked the changes that were proposed and recommended bringing this item back for a public hearing. Mr. Dickinson reviewed the information with the Council. 0 Councilmember Jacobson stated there were a couple of things that needed to be simplified. On page 5, under 2 WECS prohibited A, they discussed this at the workshop and the majority wanted section A deleted because it is a duplicate and is still in there and should be deleted. 3A, there should be a period after WECS and then delete the rest ofthe line. Scattered throughout there are typos that should be corrected. Councilmember Knight stated on page 14, under noise, as he understood the biggest objection is the never ending grinding sound and not the actual noise and they do not address that and did not know how they would address that. Councilmember Jacobson stated page 7 is the revised wording. Councilmember Knight stated that wording does not apply to repetitive noise. Mr. Dickinson stated the MPCA is the agency that sets the standards that cities use for the enforcement of noise nuisances. Councilmember Trude asked if they are going to talk about the location. Councilmember Jacobson suggested staff and the City Attorney to draft the language that basically none of these units is to be sited in the front yard of a residence on any parcel ofland that is 2.5 acres or smaller. Motion by Jacobson, Seconded by Bukkila, to open the public hearing. Motion calTied unanimously. 0 No one wished to address the City Council. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion calTied 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 9 unanimously. Motion by Jacobson, Seconded by Bukkila, to direct the City Staffto make the changes as discussed and bring back under the consent agenda at the next meeting. Councilmember Knight asked if it would be necessary to do any adjusting to the building code for homes that would have these on the roof in terms of structure. Mr. Dickinson stated it would not; the building code is prescribed to them by the State. Motion carried unanimously. AWARD BID/09-18/HA WKRIDGE PARK RECONSTRUCTION/WELL Mr. Berkowitz stated the City Council is requested to receive bids and award the contract for Project 09-19, Hawkridge Parks Reconstruction/Well. Mr. Berkowitz reviewed the information with the Council. 0 Motion by Jacobson, Seconded by Knight, to award the bid to Mark J. Trout Wells for this project and approve an additional $33,000 to be allocated through the PaTk Improvement Fund for this project to meet the plans and specifications they had prepared for full completion. Councilmember Knight asked if the Park Commission had been involved in this and aware they may have less money to work with. Mr. Berkowitz stated at this point bids were received on Monday so the Park Commission has not been notified that there are additional requests for funds. Councilmember Bukkila asked if anyone has done a breakdown to see what the overall effect is on that budget. Mr. Dickinson stated he had a spreadsheet to show on the Park Improvement Fund. Motion carried unanimously. (See Resolution R066-l 0) SCHEDULEAUGUST EDA MEETING Motion by Jacobson, Seconded by Bukkila, to schedule the August EDA Meeting for 6:00 p.m. on August 17, 2010. Motion carried unanimously. ADMINISTRATOR REPORT 0 City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 10 MAYOR/COUNCIL INPUT (Night to Unite) - Councilmember Knight complimented the Fire Department of the great job they did. Councilmember Bukkila stated she was on the new fire truck and misquoted the cost; the actual cost was approximately $450,000 which is spread over two years. She noted the new tmck has air conditioning which is nice for them, Councilmember Trude reviewed her night out on Night to Unite with the Council. (Andover Station Outdoor Concert) - Councilmember Knight stated he has received a lot of good comments on the outdoor concert and thought they may want to do more ofthem. (Upcoming Primary Election) - Councilmember Jacobson reminded the residents when voting to vote on both sides ofthe ballot. (Administrative Fines instead of Court) - Councilmember Trude stated she would like to discuss at the August Council Workshop about going to administrative fines instead of bringing people to court for certain violations. She thought this would cut down on costs and time spent and she 0 thought this would improve revenues also. (Water Hook-Up Charges) - Councilmember Trude would like to look at having more people hook up to the water when street construction is done. She thought they could lower the costs for hook up. She would like to see this as a workshop topic. (Andover's Foreclosure/New Construction Status) - Councilmember Knight asked for an update on new construction in Andover. Mr. Dickinson stated YTD they have 46 new homes compared to 13 in 2009. He did not think the numbers would rise significantly going forward. He stated the pace of foreclosures is going to be about the same as the previous two years. The Council recessed at 8:48 p.m. to go into a closed session to discuss 2010 Public Works Union Contract Review/Discussion and Open Space Land Purchase Negotiations - White Pine Wilderness. The Council reconvened at 9:21 p.m. to adjourn. Motion by Bukkila, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:21 p.m. Respectfully submitted, 0 Susan Osbeck, Recording Secretary 0 Regular Andover City Council Meeting Minutes - August 4, 2010 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 4,2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL...........................................,.................................,.................................... I APPROVAL OF MINUTES........................................................................................................... 1 CONSENT ITEMS ....................................................................................,.................................... 2 Approval of Claims..................................................................................................................... 2 Award Bid/I 0-12/Public Works Salt Storage Facility (See Resolution R062-l0) .....................2 Approve Auditing Services Contract/HLB Tautges Redpath..................................................... 2 Approve Therapeutic Massage Therapist License...................................................................... 2 Authorize Facility Management Budget/Emergency Backup Power ......................................... 2 Approve Resolution/Approving License Agreement/Hidden Creek North/Clear Wireless (See Resolution R063-1 0) ................................................................... ....... ......... ......................... 2 Approve Change Order #1/10-04/2010 Seal Coating (See Resolution R064-l 0) ...................... 2 PUBLIC HEARING/CITY CODE AMENDMENT TO APPLY PARK REGULATIONS TO 0 OPEN SPACE PROPERTIES Motion to Table......................................................................... 2 PUBLIC HEARING/CITY CODE AMENDMENT TO ALLOW LOTS AT LEAST 2.375 ACRES IN SIZE TO BE CONSIDERED EQUIVALENT TO 2.5 ACRE LOTS FOR THE PURPOSE OF INTERPRETING THE CITY CODE (See Ordinance 396).............................. 5 PUBLIC HEARING/CITY CODE AMENDMENT TO CONSIDER CHANGES TO THE WIND TURBINE ORDINANCE Motion to Table ................................................................... 8 AWARD BID/09-18/HA WKRIDGE PARK RECONSTRUCTION/WELL (See Resolutin R066- 10)...............................................................................................................................................9 SCHEDULE AUGUST EDA MEETING ...................................................................................... 9 ADMINISTRATOR REPORT ....................................................................................................... 9 MAYOR/COUNCIL INPUT ........................................................................................................ 10 Night to Unit. ............................................................................................................................ 10 Andover Station Outdoor Concert ............................................................................................ 10 Upcoming Primary Election ................. ................... ..... ........... ... ...................................... ......., 10 Administrative Fines................................................................................................................. 10 Water Hook Up Charges........................................................................................................... 10 Andover's Forclosure/New Construction Status ...................................................................... 10 ADJOURNMENT......................................................................................................................... 10 0