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HomeMy WebLinkAboutCC - July 6, 2010 0 ~NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, July 6, 2010 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/15/10 Regular; 6/15/10 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Change Order #1/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment - Engineering 4. Award Bid/09-37/138th Avenue NW & Xavis Street NW/Water Main Extension CDBG - Engineering 5. Approve Plans & Specs/Order Quotes/10-7, 2010 Trail Maintenance & 10-25,2010 Parking Lot Maintenance - Engineering 0 6. Approve Removal 00 Way Stop Sign/165th Avenue NW & Zuni Street NW - Engineering 7. Approve Plans & Specs/Order Advertisement for Bids/09-18/Hawkridge Park Reconstruction/W ell- Engineering 8. Approve Application for Exempt Permit! Andover Center Ice Club - Administration 9. Adopt Resolution Appointing Election Judges for Primary Election - Administration 10. Approve Cleaning Service Contract/CMT Diversified - Finance Discussion Items 11. Consider Approval/Extension of Liquor License/Beef O'Brady's - Administration 12. Consider Conditional Use Permit!Substation Expansion/1635 and 1657 Bunker Lake Blvd. NW - Planning(Continued) 13. Consider Changes to City Code 5-4 Weapons/Hunting Regulations -Planning (Continued) 14.. Crooked Lake Water Quality/Invasive Plant Species Treatment - Engineering Staff Items 15. Schedule July EDA Meeting - Administration 16. Schedule July Council Workshop - Administration 17. Reschedule August 3rd Council Meeting - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment 0 " C I T Y o F 0 NDOVE 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 - JULY 6, 2010 MINUTES The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike Gamache, July 6, 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: Director of Public Works/City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM Mr. Mark Hedin, 3482 165th Lane NW, stated he is the owner and winemaker of White Rabbit Winery in Andover. He stated he did not think it was fair that he needed to report how much wine he produced in the previous year when other businesses do not need to report their volume of sales or people served in the City. He requested a change be made. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES June 15, 2010, Regular Meeting: Correct as amended. 0 Councilmember Trude stated on page 8, line 10 the sentence should read: "Councilmember Trude wondered if they should remove from the hunting map No.3, those forty acre sections which abut the Woodland Estates Sixth Addition. On page 9, second paragraph might have been a misunderstanding and she thought when Councilmember Bukkila stated her comment, that should be 0 Regular Andover City Council Meeting Minutes -July 6, 2010 Page 2 a new paragraph because she was going to change the way her sentence is worded to read: "Councilmembers Bukkila and Trude agreed they would be in favor of allowing shotguns to continue to be used on rural parcels often acres if hunting was done from elevated stands" She thought they agreed on this but thought they may have differed on allowing this elsewhere. Councilmember Bukkila stated she agreed with Councilmember Trude and did not want it anywhere else but in the restricted north area. Councilmember Trude indicated "restricted south" should be stricken. Councilmernber Trude stated on page 9, line 35, "Councilmember Trude suggested they remove Item 11, the permission of neighbor's requirement..." Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. June 15, 2010, Closed Meeting: Correct as presented. There were no changes. Motion by Jacobson, Seconded by Bukkila, to approve the minutes as indicated above. Motion 0 carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Change Order #1!09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Aligmnent (See Resolution R051-1 0) Item 4 Award Bid/09-37/138th Avenue NW & Xavis Street NW/Water Main Extension CDBG (See Resolution R052-1 0) Item 5 Approve Plans & Specs/Order Quotes/10-7, 2010 Trail Maintenance & 10-25, 2010 Parking Lot Maintenance (See Resolution R053-1O) Item 6 Approve Removal of 3 Way Stop Sign/165th Avenue NW & Zuni Street NW Item 7 Approve Plans & Specs/Order Adveliisement for Bids/09-18/Hawkridge Park Reconstruction/Well (See Resolution R054-1 0) Item 8 Approve Application for Exempt Permit/Andover Center Ice Club Item 9 Adopt Resolution Appointing Election Judges for Primary Election (See Resolution R055-1 0) Item 10 Approve Cleaning Service Contract/CMT Diversified Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Motion canied 0 unanimously. CONSIDER APPROVAL/EXTENSION OF LIQUOR LICENSE/BEJ<.--p' o 'BRADY'S 0 Regular Andover City Council Meeting Minutes -July 6,2010 Page 3 Mr. Dickinson stated Matt Zeece, ofBeefO'Brady's has submitted a request for an extension of their liquor license. Mr. Dickinson reviewed the information with the Council. Motion by Jacobson, Seconded by Bukkila, to approve the extension of liquor license request submitted by BeefO'Brady's for August 14, 2010. Mayor Gamache stated they received from the resident of the winery the statement of how many gallons and he assumed Mr. Hedin was well under the amount permitted by State Law and discussed this when they passed it. He is open to allowing more since State Law allows more and he understood that because it is a home business a stipulation was placed on this but he would be willing to review it to change this. Councilmember J aco bson called a point of order indicating this did not have anything to do with the item before them. Mayor Gamache understood and wanted to clarify what the resident had at resident forum. 0 Councilmember Trude stated it appeared the tent and band will be directed away from the residential area. Mr. Dickinson stated that is correct and would be directed toward the commercial area. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT/SUBSTATION EXPANSION/1635 AND 1657 BUNKER LAKE BLVD NW (CONTINUED) Councilmember Jacobson indicated he had a conflict of interest and would step down from discussion and voting. Mr. Bednarz stated this item continues from the June 15th Council meeting. He reviewed the information with the Council. Mayor Gamache asked for clarification on the landscape map where they are showing a number of different landscaping and trees. Mr. Bednarz reviewed the landscape map with the Council. Mayor Gamache stated he did not understand the County's concern with the height issue further back from the comer. Mr. Bednarz stated the County uses the State site distances for speed and visibility and those have been laid onto this site with the existing situation of the fence on the 0 property line, the triangles are what they are based on speed regardless of what exists on the site. Mayor Gamache asked if they could still put slats in the fence. Mr. Bednarz stated they could. They talked to the County about that and their primary objective in having an agreement with the City to allow landscaping in the right-of-way is that they do not make the site conditions any , 0 Regular Andover City Council Meeting Minutes - July 6, 2010 Page 4 worse than they presently are. Mr. Berkowitz explained to the Council the Bunker Lake Boulevard and Hanson Boulevard comer and what the County is requiring. After Mr. Berkowitz explained the landscaping requirements with the Council they were ok with what the County was requiring. Motion by Knight, Seconded by Trude, to approve the conditional use permit amendment as presented including the proposed variance to curbing requirements. Motion carried unanimously. Councilmember Jacobson returned to the meeting. CONSIDER CHANGES TO CITY CODE 5-4 WEAPONS/HUNTING REGULATIONS (CONT.) Mr. Bednarz explained this item continues the discussion from the June 15th Council meeting. He reviewed the changes with the Council. Councilmernber Bukkila stated she had a conversation with the City Attorney and there was 0 some concern with the definition in comparison to the State and they were talking about the difference between the handgun, the improved definition staff made, where it is actually coming from the pistol definition and that the last remaining paragraph was left off and she would like some direction from Council because she has had quite a few residents contact her that they did not know up until this point that the discharge ofBB guns and pellet guns were illegal. She stated they were in common practice and usage and they are not considered a deadly weapon as a normal handgun or shotgun or rifle so if there was any consideration by the Council for bringing that out of the firearm definition. Councilmember Tmde wondered ifby removing this they would see more kids shooting BB guns in the neighborhoods. Councilmember Bukkila stated normally with kids there is a provision in the State Code that they have to be under the supervision of a parent or adult. Mayor Gamache stated if they were to look at that where they would be looking at making the change. Mr. Dickinson stated he included a suggested modification in the miscellaneous handout section he gave to the Council this evening. Councilmernber Bukkila read from the information Mr. Dickinson gave the Council. City Attorney Baumgartner reviewed the State Statute with the Council. 0 Councilmember Bukkila asked if it would be a reasonable option to list the regular firearms as they have them and then have the shotgun exemption under the dangerous weapons and thereby excluding the BB guns and pellet guns. City Attorney Baumgartner stated they first need to decide what they want to allow in the City because he can draft some language to allow BB guns or other items. 0 Regular Andover City Council Meeting Minutes - July 6, 2010 Page 5 Mayor Gamache stated ifthey went in that direction ifthey were to say BB guns were allowed Item C would cover the area so that it would have to be in an area that is large enough if it fell under that category. City Attorney Baumgartner explained what the Council would need to do to allow certain types of weapons in the City. He stated they could put a general provision in indicating what would be included and what would not. The Council discussed with staff and the City Attorney provisions what could be put in place in regard to allowing certain weapons to be used in the City. Councilmember Jacobson stated the question is if the Council wanted to allow BB guns or not. He thought they should vote on this. Mr. Dickinson stated they have advertised this discussion as hunting regulations and now they are getting into other things and in his opinion the City did not provide the proper advertisement for what they are doing and what the end result discussion is getting to. He was a little leery in 0 getting into broad changes of the code. Cou.ncihnember Jacobson asked ifthey adopted the ordinance as they have it in front ofthem would this allow BB guns or not. City Attorney Baumgartner stated it would not. City Attorney Baumgartner reviewed what other cities have listed in their regulations regarding firearms and weapons. Mr. Tim Newbolt, 15071 Ivywood Street NW, stated he was asked to work with City Staff and the City Attorney on the definitions and the definitions as presented to the Council were not actually discussed with him prior to the drop dead date for the packet they received and he had a series of questions on these. He stated he also had some concerns as well. Mr. Newbolt reviewed the declaration of policy in regard to firearms in general and indicated it was not the intent of the legislature to regulate ownership, possession, etc., not discharge. He also reviewed the current regulations and the rights of the residents and his proposals for the City to use for regulations. Mayor Gamache wondered why they did not just adopt the State Statute as theirs. Mr. Newbolt stated the State Statute does not delineate discharge. What it does do is delineate and define for the purposes of penal code which he was actually against. He did not think they needed to use them. Mayor Gamache thought they could adopt the State's definitions. Councilmember 0 Bukkila stated they could do away with the argument if they just simply tacked on the additional line. Mr. Dickinson stated to clarify one thing, it was not an omission to not have this in there, the code was brought forth based on the direction from the last meeting that indicated not to change 0 Regular Andover City Council Meeting Minutes - July 6, 2010 Page 6 other existing regulations, having this in place would have been a significant change and from a staff perspective they were following direction on how the Council wanted this brought forward based on not making changes and that is why it was not included so if the Council wants to consider it that is up to the Council. Councilrnember Trude stated City Attorney Baumgartner could address some of the items discussed and they need to rely on their attorney that defends them in court. City Attorney Baumgartner stated they cannot rely on State Statute for definitions since it does not define all of the different items they have and different portions of the Statute will define a weapon differently depending on which section ofthe Statute it is used for. From the point of enforcing public health, safety and welfare from a discharge of weapons point of view an ordinance is much easier for him to prove in court than a state reckless discharge would be. He thought that was the City's concern, to make sure the public's health, safety and welfare is protected. Councilmember Trude asked in regard to the BB guns item, what they have now and what would 0 happen if they changed it. City Attorney Baumgartner stated it depends on what the Council wants. Nothing has been changed so far and if the Council wished to change that they could. He suggested ifthe Council were to allow BB guns to be allowed in the City that they yvould prob.ably put it right after the definitions and he would make a new Item B with language depending on what the Council wants to allow in there that for the purposes of these sections Firearms and Handguns do not include BB guns, etc. Councilmember Trude stated currently a BB gun could be used now in the rural areas but if it is pulled out ofthe definition it could be used on any lot in the City. Councilmember Bukkila did not think that would happen. Councilmember Trude stated they would need to draw the line somewhere. City Attorney Baumgartner stated they could identify these by acreage. Councilmember Bukkila asked if they could allow them outside of multi-housing or dwellings or by zoning. City Attorney Baumgartner stated they would need to create a zoning map for BB guns. Motion by Jacobson, Seconded by Trude, to change first page ofthe ordinance under the definition "Bow" make the following changes" Bow: All long bows, composite bows or compound bows used for target and hunting purposes as regulated and defined by MN Statutes Chapter 97B. Under the Handgun Section insert "Handgun does not include: (insert the language from the C State regarding BB guns, Scuba guns, etc.)" Under Immediate Family, second line starts the word "Children, siblings..." Councilmember Bukkila asked if they would have to make the adjustment City Attorney Baumgartner described under Item B. City Attorney Baumgartner stated what Councilmember . 0 Regular Andover City Council Meeting Minutes -July 6, 2010 Page 7 Jacobson did was what he was trying to do with one sentence and the reason why he suggested . putting it there is because now they are saying a BB gun is not considered a handgun but is it considered a firearm. He stated he would just create an exclusion saying "firearms and handguns do not include these items. He would create a new Item B after the Shotgun definition and he would put the language in there to exclude these. Councilmember Jacobson was fine with that change. Councilmember Bukkila asked if they would be in favor of excluding your own household in Section C, number 1. Councilmember Trude agreed. The other Councilmembers felt this was acceptable. Councilmember Jacobson accepted the friendly amendment. Councilmember Jacobson added the summary ordinance to the motion. Councilmember Trude seconded. Motion canied unanimously. Bow Hunting - 2.5 Acres in Southern Part of the City . Mayor Gamache felt there was not a lot of support from the Council for opening this up further. He suggested the neighborhood request special hunting permits from the City for this. This would give the Council an opportunity to get comfortable with this. Mr. Ray Sowada, 14921 Butternut Street NW, stated they want to be able to bow hunt on their 2.5 acre properties. There are 46, 2.5 acre lots in the neighborhood and they have twenty-five lots that have said yes and should have some standing. He stated just north ofMcGlover's there is 2.5 acres included in the allowance and he wanted to know why that neighborhood is allowed to hunt and they can't,. He wondered what the difference was. Mayor Gamache understood but indicated for ten years this neighborhood has not been able to hunt. Mr. Sowada stated they have a proposal for hunting from stands and they want to try to control the deer population in their neighborhood. The Council discussed this issue of hunting in the neighborhood with the residents and staff. Mr. Don Wilson, 14920 University Avenue NW, stated he would not mind a permit as long as it was fairly given out. 0 Councilmember Bukkila stated they need to have some type of a balance because there is an overabundance of deer and the City does not want to spend the money for a fly over for a deer count. Councilmember Trude stated Bunker Hills Park does a yearly shoot and felt they did an adequate job of controlling the deer. 0 Regular Andover City Council Meeting Minutes - July 6, 2010 Page 8 Mr. Wilson stated he would not have a problem with having to get a permit but would like to have more time to hunt than two weekends in the fall. Mayor Gamache told the residents to go back and come up with a proposal indicating the dates, number of people wanting to hunt the area to hunt, etc. and bring back for Council review and possible approval. Motion by Jacobson, Seconded by Bukkila, to adopt the proposed map. Motion carried unanimously. CROOKED LAKE WATER QUALITYIINVASIVE PLANT SPECIES TREATMENT Mr. Berkowitz stated the City Council is requested to discuss the request from the Crooked Lake Area Association for additional funding for the Eurasian Water Milfoil and Curly Leaf Pondweed treatment. Mr. Berkowitz reviewed the information with the Council. 0 Councilmember Jacobson stated last year the Council suggested they pay for 1/3 of the costs and he wondered if Mr. Gary Nereson, 13415 Heather Street NW thought the association has the responsibility to shoulder at least a 1/3 of the costs. Mr. Gary Nereson stated the association does a lot more than the treatment of the invasive species. He stated historically the two cities have split the costs 50/50. Mr. Gary Nereson reviewed all of the items the lake association has taken care of. Mayor Gamache stated the City has reconstructed the boat landing and spent a lot of money on that which has brought in a lot of boats to the lake. He wondered what the monitoring program will cost and how will it be done. Mr. Gary Nereson stated the cost will be negligible because it will be a volunteer program from the people on the lake. Mayor Gamache asked what they do to keep the landing area clean. Mr. Gary Nereson stated they have a family that lives on the lake that comes and cleans up the area by the landing. Councilmember Bukkila asked if they had any type of budget they are trying to maintain. Mr. Gary?? stated they currently have around $7,000 in their treasury and have paid for this years' treatment. He explained some of the other costs they are looking towards. Councilmember Bukkila stated her problem was the inability to try to budget for them. 0 Motion by Knight, Seconded by Gamache, to approve up to fifty percent of the funds to payout this year and to start to look this year for next year's funds. Councilmember Jacobson indicated they have budgeted $3,000 for this year. Councilmember Bukkila stated she would prefer to stick to that amount and not go above it. 0 Regular Andover City Council Meeting Minutes - July 6, 2010 Page 9 Mr. Dickinson stated they agreed last year to pay 1/3 this year and the association is asking for 50%. He stated if they pay the 50% this year, next year they will be asking for 50% again and he guarantees that they will be asking for more than $4,000. Mayor Gamache stated the way he looked at this is they updated the landing and they are making sure the water is not going back to the lake and has made the lake more attractive for people to use. He thought they may be causing more of the issue because they fixed it up. He believed they are responsible to help and felt this should be a budgeted item every year. Mayor Gamache stated this is a lake in their City and the residents use it so he wondered ifthis should be the City's responsibility rather than the associations. He thought the City needed to step up and help out. Councilmember Jacobson stated last year they agreed to pay 1/3 and staffhas allocated $3,000, which is actually close to 40% towards the payment of this and he felt this is what the association should receive this year. e Motion failed 3 to 2 (Knight, Gamache) Motion by Trude, Seconded by Bukkila to allocate the amount budgeted for 2010. Motion carried unanimously. Motion by Jacobson, Seconded by Bukkila, to approve $4,000 for 20 11 or 40% ofthe bill, whichever is less. Motion carried unanimously. SCHEDULE JULY EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the July 20,2010 City Council meeting. Motion by Jacobson, Seconded by Trude, to schedule the July EDA meeting for 6:00 p.m. on July 20,2010. Motion carried unanimously. SCHEDULE JULY CITY COUNCIL WORKSHOP The Council is requested to schedule a Council Workshop for the month of July for a number of miscellaneous business items. 0 Motion by Knight, Seconded by Bukkila, to schedule the July City Council Workshop for July 20, 2010 after the City Council Meeting. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes-July 6,2010 Page 10 RESCHEDULE AUGUST 3RD COUNCIL MEETING August 3, 2010 is scheduled to be Night to Unite and also a regularly scheduled Council meeting night. To give the Council the opportunity to attend Night to Unite events throughout the city, it is recommended that the August 3, 2010 Council meeting be rescheduled. Motion by Knight, Seconded by Jacobson, to reschedule the August 3rd Council Meeting for August 4,2010 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, ClP Projects and development activity. MAYOR/COUNCIL INPUT . (Furifest) - Mayor Gamache stated Fun Fest will be July 9tll'and 10th of this year. He hoped everyone will come out and enjoy the festivities. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:34 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 , 0 Regular Andover City Council Meeting Minutes -July 6,2010 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JULY 6, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGlANCE ......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES ........................................................................................................... 1 CONSENT ITEMS .........................................................................................................................2 Approval of Claims..................................................................................................................... 2 Approve Change Order #1/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment(See Resolution R051-10) ................................................................................... 2 Award Bid/09-37/138tl1 Avenue NW & Xavis Street NW/Water Main Extensi~:m CDBG(See Resolution R052-1 0) .............................................................. .............................................. 2 Approve Plans & Specs/Order QuotesIl0-7, 2010 Trail Maintenance & 10-25,2010 Parking Lot Maintenallce (See Resolution R053-1 0) ........................................................................2 Approve Removal on Way Stop Sign/165th Avenue NW & Zuni Street NW.......................... 2 0 Approve Plans & Specs/Order Advertisement for Bids/09-18/Hawkridge Park Reconstruction/Well(See Resolution R054-10) ................................................................... 2 Approve Application for Exempt Pelmit!Andover Center Ice Club........................................... 2 Adopt Resolution Appointing Election Judges for Primary Election(See Resolution R055-lO)2 Approve Cleaning Service Contract!CMT Diversified............................................................... 2 CONSIDER APPROV AL/EXTENSlON OF LIQUOR LICENSE/BEEF O'BRADY'S .............. 2 CONSIDER CONDITIONAL USE PERMIT/SUBSTATION EXPANSIONIl635 AND 1657 BUNKER LAKE BLVD NW (CONTINUED) (See Resolution R056-1 0) ............................... 3 CONSIDER CHANGES TO CITY CODE 5-4 WEAPONS/HUNTING REGULATIONS (CONT.) (See Ordinance 394) ...................................................................................................4 CROOKED LAKE WATER QUALITY/INVASIVE PLANT SPECIES TREATMENT............. 8 SCHEDULE JULY EDA MEETING.............................................................................................9 SCHEDULE JULY CITY COUNCIL WORKSHOP ..................................................................... 9 RESCHEDULE AUGUST 3RD COUNClL MEETING ............................................................... lO ADMINISTRATOR REPORT ..................................................................................................... 10 MA YOR/COUNCIL INPUT ........................................................................................................ 10 Fun Fest .................................................................................................................................... 10 ADJOURMENT ........................................................................................................................... 10 0 -- -