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HomeMy WebLinkAboutCC - March 5, 2013a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, March 5, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/19/13 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution/Rum River Regional Trail Master Plan/Anoka County Parks Department — Engineering 4. Approve Green Acres Park Improvements — Engineering 5. Annual Review /Temporary Greenhouse/Linder's Flower Mart/2218 Bunker Lake Blvd. NW — Planning 6. Authorize Utility Billing Contract —Administration 7. Approve Application for Exempt Permit/Andover Boys Lacrosse Booster — Administration Discussion Items 8. Residential Sketch Plan Review — Southeast Corner of Prairie Road and Andover Boulevard - Mark Smith Staff Items 9. Administrator's Report — Administration Mayor /Council Input Adjournment A,Lb 6 W j0tk-�((D 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: March 5, 2013 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: February 19, 2013 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, � -� i ., — Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 REGULAR ANDOVER CITY COUNCIL MEETING — FEBRUARY 19, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City Mike Gamache, February 19, 2013, 7:00 p.m., at the Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Mike Knight, Sheri Bukkla, Julie None City Administrator, Jim Dickinson Community Development Director, Public Works Director /City Engine City Attorney, Scott Baumgartner-= PLEDGE OF ALLEGIANCE SPECIAL DEPUTIES Sheriff Stuart updated the Council on;activiti County. _ _ _ _ - Halweg and Chief Deputy Wells The Council thanked the RESIDENT No one wished to address AGENDA APPROVAL was called to order by Mayor ;r City Hall, 1685 Crosstown and Tony Howard COUNTY SHERIFF Sheriff's Office has been doing in the the 2013 Sheri ff Deputies that will be all the work they have done throughout the years. Staff requested the Council remove Item #6, Approve Resolution Setting Annual Income Level for Senior Citizens and Disabled Individuals for Deferral of Assessments and Reduced Sanitary Sewer Rates. Staff submitted supplemental information for Item #7, Anoka County Sheriff's Office Monthly Report. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 2 Motion by Knight, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES January 28, 2013, Special Meeting: Correct as written. Motion by Trade, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. January 29, 2013, Special Meeting: Correct as written. Motion by Trade, Seconded by Bukkila, to approve the minutes as presented. Motion carried 4 ayes, 1 present (Howard). February 5, 2013, Regular Meeting: Correct as written. Motion by Howard, Seconded by Knight, to approve the minutes as presented. Motion carried 4 ayes, 1 present ( Trude). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Petition/Order Feasibility Report/13- 17/4038 —153`d Lane NW /Storm Sewer Pipe Extension (See Resolution R014 -13) Item 4 Approve Northwoods East Park Improvements Item 5 Approve to Terminate Joint Powers Agreement /Crooked Lake Elementary School Playground Equipment Motion by Bukkila, Seconded by Howard, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHLY REPORT Commander Halweg updated the Council on the January monthly Sheriff's report. HOLD PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS /12- 28INIGHTINGALE STREET NW RE CONS TR UCTION Mr. Berkowitz explained the City Council is requested to hold a public hearing for Project 12 -28 Nightingale Street NW Reconstruction. Mr. Berkowitz reviewed the information with the Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 3 Councilmember Trade asked if it was correct that curb was being placed in one area so it will continue to be considered a ditch section road. Mr. Berkowitz stated that is correct. The reason they will be putting curb in is to try to get less of a wetland impact for the trail and move it closer to the roadway. Councilmember Knight asked why the trail is not being brought up to the church and what the plan for the intersection at Crosstown Boulevard is. Mr. Berkowitz stated when looking at the trail there was consideration of how far north they should go and determined where a trail loop connection would be appropriate. It was felt the trail loop should end at 157th Lane to serve that area. Mr. Berkowitz noted a consultant has been hired to look at several intersections within the corridor around Andover High School and will also look at the most feasible options for the Crosstown/Nightingale intersection. The Council and staff discussed possible plans for the intersection at Crosstown Boulevard and Nightingale Street. Motion by Knight, Seconded by Howard, to open the public hearing. Motion carried unanimously. Mr. Steve Peterson, 15757 Martin Street NW, complimented City staff on the design and thought they did a good job. His comment was regarding the extension of the trail along Nightingale Street and suggested it be extended all the way up to 1591h Lane NW. He thought this would have tremendous benefits to everyone. He felt extending the trail farther north would benefit the children walking to school along the road and keep them safe. Mr. Peterson stated to extend the trail from 157th Lane to 1591h Lane would add approximately 5% to the project costs which would give access to around 250 people and felt this was a good use of taxpayer dollars. He also would like the Council to consider adding a bench along the trail at some point. He submitted a petition of 175 residents living along the corridor supporting the trail extension. Mr. Peterson read the petition and a couple of comments from the residents that signed the petition to the Council. Councilmember Trade asked if the petition was to extend the trail to 159th Lane. Mr. Peterson indicated that was correct. Councilmember Trade asked if Mr. Peterson is aware that the shoulders were going to go from eight feet to five feet after the improvements and was he okay with that. Mr. Peterson stated it concerns him a little because people are using the curb right now and if it is shortened, it will exacerbate the problem. Councilmember Bukkila thought there was a little bit of confusion because the Council did not have an issue with the trail as currently proposed by staff. Councilmember Bukkila stated the petition is to create a trail that the Council already approved; the petition is not specific that they are requesting just an extension of a trail. She wondered if a five -foot shoulder would still be relevant if there was a trail in the same area. Mr. Peterson stated if there is a trail, then the shoulders could be made five feet. Mr. Peterson stated the petition is to extend the trail to 159th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 4 Lane rather than 157th Lane. Councilmember Bukkila stated she would like to get information from residents who would be cut off from the trail and if those residents wanted a trail extended farther north. Councilmember Knight asked what the cost would be to extend the trail. Mr. Berkowitz stated they looked at the cost to extend the trail from 157th Lane to 161" Avenue and it was approximately $100,000. Councilmember Howard asked if there would be wetland issues if extending the trail. Mr. Berkowitz reviewed locations along the trail where there would be issues. Mr. Jerry Saarenpaa stated his concern is the assessment of $3,000 per unit because he no longer lives there but still has property along there. He wondered about the people behind him not on Nightingale Street, and what their assessment is going to be. Mayor Gamache explained the City policy regarding road reconstruction and assessments to Mr. Saarenpaa. Mr. Marc Angell, 16070 Quay Street NW, stated the extension to 159th Lane could reduce the amount of foot traffic on a high speed road that kids would have to make. Mr. Mark Krause, 15783 Martin Street, stated he would agree with extending the trail to 159th Lane because he felt this is a safety issue. Mr. Bruce Johnson, 15450 Nightingale Street, had called Mr. Berkowitz indicating he could not afford the assessment fees. Motion by Trade, Seconded by Knight, to close the public hearing. Motion carried unanimously. Mayor Gamache recapped possible access points along the trail through the neighborhoods. He hesitated going any farther north along Nightingale Street because the County does not have any trails on 161 st Avenue. He would not want to encourage people to use a trail up to 161St Avenue and then have nowhere to go on a trail from there. Mayor Gamache suggested making a connection on Linnet Street on an easement the City has. Mr. Peterson did not think people would go out of their way into a neighborhood to continue onto a trail. He thought this would be a secondary solution by encouraging people to use a trail along Linnet Street. Councilmember Trade did not think that spending an additional $50,000 to extend the trail would be too much. She felt it would be worth the money because people use the trails and it is safer than walking along the shoulder of a road. She suggested they extend the trail to 159th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 5 Lane. Motion by Trade, Seconded by Knight, to approve Resolution R015 -13, ordering the improvement of Project 12 -28, Nightingale Street NW Reconstruction, and to consider extending the trail from 157`h Lane to 1591h Lane. Further Discussion: Mayor Gamache asked where the additional money would come from to extend the trail from 157`h Lane to 159`h Lane. Mr. Dickinson stated the money would have to flow through the Road and Bridge Fund and then be reimbursed by State Aid. He thought this was something that needed to be reviewed to assure the trail extending to 1591h Lane would be covered by State Aid. Councilmember Bukkila stated in looking at Mr. Peterson's petition, she thought his comments had merit but had to disregard some of the petition for lack of addresses. She indicated what was weighing on her mind is the idea that it is going to provide a significant amount of access to parkland and greater recreational activities than what is available in that area, although it is a minimal number of residents. She stated she could not vote in favor of this tonight without knowing what the cost would be. Motion carried 4 ayes, 1 nay ( Bukkila). APPROVE AMENDED CUP /SUP — ANDOVER DOWNTOWN CENTER — 13735 ROUND LAKE BOULEVARD NW Mr. Carlberg explained the applicant, Mike Frattalone of Frattalone's Ace Hardware, is seeking to amend the special use /conditional use permit issued in 1988 to expand the permitted outdoor displays, sales, and storage at 13735 Round Lake Blvd NW to include side and rear locations with City approval. Mr. Carlberg reviewed the information with the Council. Mr. Mike Frattalone, Frattalone's Ace Hardware, Arden Hills Minnesota, stated he is fine with the plan that was discussed. Mayor Gamache stated in removing the parking space on the east side, there is a fire hydrant and curb and he wondered if that would remain. Mr. Carlberg indicated it would remain but the curb could be cut down in size and the City would ask Mr. Frattalone to remove the striped areas and modify the median to still protect the hydrant and create a drive lane so there would be three drive lanes in that area. This would alleviate the potential issue of a tie up of traffic if someone was loading product. Councilmember Trude asked if they could extend the current metal fence to contain the product in the garden area on the side of the store. She was also concerned about pallets being stacked as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 6 high as the fence and would like to limit the pallet height to four feet. She suggested adding planters to the front of the store and additional screening to the front of the garden center to enhance the site and hide the product from view from the front of the store. Councilmember Howard stated his concern is with the fire hydrant and he would like to find a way to move it, if possible. Mr. Carlberg indicated they will need to work with the Fire Department to evaluate what needs to be done to protect the fire hydrant. Mayor Gamache stated he did not want to add any more fencing to the front of the building because there have not been any complaints from the neighborhood. He would support what the Planning and Zoning Commission has recommended. The Council discussed storage and stacking of pallets with the applicant. Councilmember Trude stated she would like to change the dates in resolution Condition 7 because she thought this would be too restrictive to Mr. Frattalone's business. Mr. Frattalone indicated he would be willing to work with staff on dates. Councilmember Trude stated on Item 7 she would like to change the wording to "Items may be displayed and sold on the east side of the mall in the rear and side yards, on the outside of the fenced area from March 15th to November 15th" Councilmember Trude stated she would like to introduce the resolution which amends the Special Use Permit that is existing on the property already with the conditions that were drafted by the Planning Commission with the suggested revision to Condition 7. Motion by Trude, Seconded by Howard, to approve the Conditional Use Permit Amendment with eight conditions and revisions to Condition 6 and 7. Further Discussion: Councilmember Bukkila stated she would like to strike Condition 5. Councilmember Howard stated he would like to leave this in so the area remains neat and uncluttered and a portion of the fence will still be visible and the higher items can be stored in the back of the building. Mr. Frattalone stated he would have to travel from the store all the way to the back fence to load up someone's product and they normally stack pallets two high. He would only use pallets that are open and selling up by the fence and would store large pallets in the back against the fence. Councilmember Bukkila stated this is not a cumbersome thing and goes down as it is being used. Councilmember Trude thought they would need a vote on this because it was a safety issue. Councilmember Howard agreed. City Attorney Baumgartner stated on Condition 6, he would suggest rewriting to read: "Eleven parking spaces on the east property line be removed and the associated islands be reconfigured, consistent with an approved site plan, to create a new drive lane to improve traffic flow." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 7 Councilmember Trude accepted this as a friendly amendment to the motion. Motion approved 3 ayes, 2 nays (Bukkila, Gamache) (See Resolution R016 -13) PRESENTATION OF SPORTS COMPLEX MASTER PLAN 13535 —161sT AVENUE NW /12- 31 Mr. Berkowitz updated the Council and residents on the history of the parcel of land. Mr. Jason Amberg, WSB, made a presentation of the Sports Complex Master Plan located at 3535 —16155 Avenue NW. Councilmember Knight asked if there would be room for people to park alongside the roadway and still have two lanes of traffic. Mr. Amberg stated at this time there is not and he thinks this would be a safety issue. Councilmember Knight stated he has heard some people request a tennis court and wondered if Mr. Amberg knew of this request. Mr. Amberg stated he has only had one request for a tennis court and that was after the open house was conducted. Councilmember Knight asked how big is the disc golf area. Mr. Amberg stated it would be a three -hole disc course. Councilmember Knight asked if the park and parking area will be lit. Mr. Amberg indicated it would be lit as part of the plan. Councilmember Knight asked on the two cul -de -sacs coming from the east, how the City can make sure they are not used as outlets or parking areas. Mr. Berkowitz stated like any park, once they put a park in action, they will see what the issues would be. If there are issues, the City will work with the neighborhood in putting no parking signs where needed. He suggested they not do anything until they can evaluate the situation. Mr. Berkowitz noted that the city property does not immediately abut the cul -de -sacs. Mrs. Bonnie Dehn, 16485 Tulip Street, thought the Frisbee golf area maybe better placed farther south near the parking area and roadway. This will alleviate the parking in the cul -de -sac and also walking through private property to get to it. Councilmember Knight stated some of the trails will be fairly remote and he thought lighting on the trails would provide safety. Councilmember Trude did not think they would want too much lighting because that attracts people to stay there at night. Mrs. Dehn stated at the open house the concern was with lighting and safety. She thought it would be wise to install a security camera at the entrances and around the park to ensure safety. The residents wanted to make sure that the lighting was not too invasive and were okay with the Regular Andover City Council Meeting Minutes — February 19, 2013 Page 8 additional noise if they can ensure safety and limiting of light. Mrs. Dehn thought there should be ample parking for tournaments and they also need to make sure the parking areas are paved. She stated the residents in the area are interested in recycling and suggested placing more garbage and recycle containers in all the parks. She also thought the City should have a trail going up Tulip Street because the road has curves and is dangerous in areas where vehicles do not see people along the side of the road. 9 Mr. Marc Angell stated he did not see any reason for City parks to be open after dusk because 10 most vandalism happens in the parks after dark. He stated they do not want to see any lights 11 shining in their neighborhood and wants to keep the lights conducive to just the field lights. He 12 would like to make sure they have a secure safe crosswalk at the intersection of 161St Avenue 13 and Tulip Street because the parking lots in both parks will be used consecutively together. He 14 believed Quay Street will be used for parking when there is overflow so he would like to see the 15 City install some type of "no complex activity parking" signage. He also felt paving the parking 16 lots would be beneficial to everyone and they should plan the park right the first time. He would 17 like the Council to allow the restroom facility that is planned to go into Phase One. Mr. Angell 18 stated it would be great if the City could work with the Youth Associations on the concession 19 stand and to have them open during all events. He wondered if they could have some type of 20 permanent housing for the garbage and recycling, as it would help keep things looking tidy. He 21 wondered how they will control erosion on the trails if they are not paved. Mr. Angell implored 22 the Council to look at the financial situation in the world and try to do all the phases at once 23 instead of waiting a number of years. 24 25 Councilmember Trude asked if Mr. Angell would support a voter referendum. Mr. Angell stated 26 he would support that. 27 28 Mrs. Dehn stated she would like the Council and staff to consider the naming of the park 29 "Bennett Park" because it was once her parent's farm. 30 31 Mr. Chris Zenner, 16134 Tulip, asked where the corner parking lot entrance comes out on Tulip 32 Street. Mr. Amberg stated it is located where the City constructed the curb cut. Mr. Zenner 33 wondered if it could be moved because of sight issues. 34 35 Mayor Gamache asked if the lights for the parking lot would be connected to the fields so they 36 will go off simultaneously. Mr. Berkowitz stated they can put the lights on timers to shut off the 37 lighting fifteen minutes after the field lights go off or after the park closes, if the Council desires. 38 39 Commissioner Ted Butler, Park Commission, thanked the public for coming to the open house 40 and this meeting. He thought they had an excellent plan and now need to figure out how to make 41 this happen in a timely way. 42 43 Mr. Berkowitz commented the plan is to extend a water main to the roadway and ultimately Pine 44 Hills Park. In regard to "no complex parking" signage, he suggested the City see what the Regular Andover City Council Meeting Minutes — February 19, 2013 Page 9 1 patterns are and then have the resident's petition for signs, if needed. 2 3 Councilmember Trade thought the plans looked gorgeous and she is sure City staff will work 4 with the Park Commission to work on any issues. 5 6 ORDER IMPROVEMENTS /ORDER PLANS AND SPECIFICATIONS 112 -31 1SPORTS 7 COMPLEX13535 —161sT AVENUE NW 8 9 Mr. Berkowitz explained the City Council is requested to order the improvement for Phase 1 and 10 direct preparation of plans and specifications for Project 12 -31, Sports Complex located at 3535 11 —161st Avenue NW. 12 13 Mr. Berkowitz reviewed the information with the Council. 14 15 Councilmember Trade wondered if they go ahead and order plans and specs, they are not 16 obligated to spend more than in their budget until they get further along. Mr. Dickinson 17 indicated that is correct. 18 19 Motion by Knight, Seconded by Bukkila, to approve Resolution R017 -13, ordering the 20 improvement and directing preparation of plans and specifications and discuss funding options 21 for Phase 1 for Project 12 -31, Sports Complex located at 3535 —1615` Avenue NW. 22 23 Further discussion: 24 25 Councilmember Trade stated she would like to discuss this further at a Council Workshop and 26 possibly look at a referendum to fund this all at once. Mr. Dickinson indicated that a referendum 27 may delay the project. 28 29 Mayor Gamache stated they should look at what the Phase 1 costs are and also bring in Phases 2 30 and 3 so they know what they are dealing with and what different ways to finance this are 31 available, including the possibility of paving parking lots and looking at any additional parking 32 they might be needed at Pine Hills Park. 33 34 Mr. Berkowitz stated the estimate to pave the roadways and parking lots is $330,000, including 35 curb and gutters. 36 37 Motion carried unanimously. 38 39 SCHEDULE MARCH COUNCIL WORKSHOP MEETING 40 41 Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed 42 in the staff report. 43 44 Motion by Bukkila, Seconded by Howard, to schedule a Workshop Meeting on March 26, 2013, Regular Andover City Council Meeting Minutes — February 19, 2013 Page 10 1 at 6:00 p.m. Motion carried unanimously. 2 3 ADMINISTRATOR REPORT 4 5 City Staff updated the Council on the administration and city department activities, legislative 6 updates, updates on development /CIP projects, and meeting reminders /community events. 7 8 MAYOR/COUNCIL INPUT 9 10 (Boy Scout Breakfast) Mayor Gamache stated the Boy Scout Breakfast is Thursday, February 11 21" at 7:29 a.m. 12 13 ADJOURNMENT 14 15 Motion by Knight, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting 16 adjourned at 10:25 p.m. 17 18 Respectfully submitted, 19 20 Sue Osbeck, Recording Secretary 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — February 19, 2013 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBRUARY 19, 2013 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 SPECIAL PRESENTATION — INTRODUCTION OF ANOKA COUNTY SHERIFF DEPUTIES.................................................................................................. ............................... 1 RESIDENT FORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Accept Petition/Order Feasibility Report/13- 17/4038 —153rd Lane NW /Storm Sewer Pipe Extension (See Resolution R014- 13) ........................................... ............................... 2 Item 4 Approve Northwoods East Park Improvements ............................ ............................... 2 Item 5 Approve to Terminate Joint Powers Agreement/Crooked Lake Elementary School PlaygroundEquipment ......................................................................... ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 HOLD PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS /12- 28/NIGHTINGALE STREET NW RECONSTRUCTION (See Resolution R015- 13) ............... ............................... 2 APPROVE AMENDED CUP /SUP — ANDOVER DOWNTOWN CENTER —13735 ROUND LAKE BOULEVARD NW (See Resolution R016 -13) .............................. ............................... 5 PRESENTATION OF SPORTS COMPLEX MASTER PLAN /3535 —161 ST AVENUE NW /12- 31 ................................................................................................................. ............................... 7 ORDER IMPROVEMENTS /ORDER PLANS AND SPECIFICATIONS /12 -31 /SPORTS COMPLEX/3535 —161sT AVENUE NW (See Resolution R017- 13) ........ ............................... 9 SCHEDULE MARCH COUNCIL WORKSHOP MEETING ........................ ............................... 9 ADMINISTRATOR REPORT ...................................................................... ............................... 10 MAYOR/COUNCIL INPUT ......................................................................... ............................... 10 BoyScout Breakfast .................................................................................. ............................... 10 ADJOURNMENT.......................................................................................... ............................... 10 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Director Lee Brezinka, Assistant Finance Director Payment of Claims March 5, 2013 O INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $63,475.19 on disbursement edit list #1- 3 from 02/21/13 — 03/01/13 have been issued and released. Claims totaling $39,627.36 on disbursement edit lists #4 dated 03/05/13 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $103,102.55. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists V V V M N Y v U N X U s U 0 v a z" 0 E2 00 a 6 w O>. N v c� O A m L 4v r� iii Q Q z on 'T I � Y x � 0 0 0 0 V v 0 0 0 O d M C U h vNi h N O U N G N N N N N N V nl rl N N N N E O O O O O O T a = O O O O O O V 7 N M Q N N U O � 'G Q iti h Q U v v ¢2 v > > > > '> U GO C4 a., C� rz 94 _O GOl G O n bA W1 0 O T r1 C 1� ow D O `"C .� O I N > M 0 L'. 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N O U O U U U •- U i a a. 0 0 G7 E � ¢ ❑ � v' o 'cu c G a p � w�' w_�� a a y_ �� °, � y_ o � 3 c m Q — U a t1 N N N V s H U U a ° av R a u u C u L u x L U G z u u Q u a G u C _T C. O � m C O MONIFf O G L U m V a 0 z U U .O C N Y U U U 0 v A z w 0 r. F �o M N b M go Y L U w F N 1 V_ U 0 Z c c °o a U C W W L u Q d Si O N N � b 7, C O C O O U L O B O O Q U v U o 0 y M M M Q N N N V M M M G O O O 0 W W W V1 M E M M N G1 N 4 N ti N N i-i O T � = a M U o � •� w � n L �' � �J [i H W M ��1 O •ti � CO Y ,. � � Y O O M w e0i T �> O Ei i W Q M N b M go Y L U w F N 1 V_ U 0 Z c c °o a Y O F 4VE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Direct David D. Berkowitz, City Engineer/Director of Public orks� FROM: Todd J. Haas, Assistant Public Works Director b SUBJECT: Approve Resolution/Rum River Regional Trail Master Plan/Anoka County Parks Department - Engineering DATE: March 5, 2013 INTRODUCTION The City Council is requested to approve the resolution supporting the development of a multi- purpose regional trail system that would link local and state trail systems, regional parks, and provide safe and convenient route for non - motorized traffic to traverse Anoka County. DISCUSSION Attached is the proposed Rum River Regional Trail Master Plan prepared by Anoka County Parks that was presented at the August 8, 2012 City Council meeting. This Regional Trail would link together the cities of Anoka, Andover, Oak Grove, and St. Francis. The plan provides a good planning document for preparing funding applications for the regional trail system. This section of trail is identified in the Cities Transportation Plan. Note that the section through Andover would run along the right -of -way of 7th Avenue NW and most likely be constructed with roadway improvements. ACTION REQUIRED The City Council is requested to approve the resolution supporting the development of a multi- purpose regional trail system that would link local and state trail systems, regional parks, and provide safe and convenient routes for non - motorized traffic to traverse Anoka County. Respectfully submitted, 40.A4"2- Todd J. Haas Attachment: Resolution, Proposed Rum River Regional Trail Master Plan CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013- MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING RESOLUTION SUPPORTING ANOKA COUNTY RUM RIVER REGIONALTRAIL. WHEREAS, Anoka County is pursuing the development of a multi - purpose regional trail system that would link local and state trail systems, regional parks, and provide safe and convenient routes for non - motorized traffic to traverse the County; and WHEREAS, in 1996, the Metropolitan Council adopted a Regional Trails Policy Amendment to its Regional Recreation Open Space Development Guidelines /Policy Plan for the implementation of corridors which provide access to high quality natural resources, regional parks, park reserves, and local areas of interest; and WHEREAS, the alignment of the Rum River Regional Trail Corridor would link together the cities of Anoka, Andover, Oak Grove, and St. Francis; and WHEREAS, the Rum River Regional Trail Corridor is strategically located to provide pedestrian access to the recreational resources along the Rum River. NOW, THEREFORE, be it resolved that the City of Andover hereby offers its support to Anoka County in the effort to cooperatively develop the Rum River Regional Trail Corridor. MOTION seconded by Councilmember, and adopted by the City Council at a regular meeting this 5th day of March , 2013 , with Councilmembers voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor expected and the increase in recreational visits to regional parks and trails, the demand for additional facilities will only increase. Development Concept Sugar Hills .- Regional Trail; - ' - - - -- ....... .. V � I NOWTHENNorth Anoka County Regiona Trail • ' BETHEL North Anoka County Regional Trail .......... _....— --- Lake George OAK GROVE EAST Regimal Park • y;y RAMSEY ANDOVER HM.I LAKE M� Legend R�i I• :: •• Central Anoka RUM RIVER REGIONAL TRAIL '4. _1 jrd9 • �� - County STATUS •1% Regional Trail m1ws9ppi lM1'est� • • � 6 i, T U:; Regional Park • • • PRCPO'E! AND OTHER TRAILS REGIONAL TRAIL EXISTING - - - REGIONAL TRAIL PROPOSED COON F COUNTY ROAD - REGIONAL AND COUNTY PARKS Q CITY BOUNDARY Rum River Regional Trail FIGURE 3 Overall Trail Corridor �Mies 005 1 2 3 C I T Y O F • ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Publi orks /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve Green Acres Park Improvements -- Engineering DATE: March 5, 2013 INTRODUCTION The City Council is requested to approve the plan for playground equipment for Green Acres Park as recommended by the Park and Recreation Commission. DISCUSSION The Park Commission held a public information meeting on January 17'' with the neighborhood to discuss possible improvements to the park. A few residents were in attendance to address the Commission. The City did receive 12 online surveys that were completed by area residents. Based on input from the meeting and in reviewing the surveys received, it was recommended by the property owners to replace the existing playground equipment with new playground equipment for 2 -12 year olds and install a new swing set. The Park Commission also recommended that $24,000 be allocated to this project for equipment and other items such a wood chips for the fall zones, ADA access and borders that will be installed around the equipment. Neighborhood representatives will be involved in selecting the equipment once the City Council approves the improvements. Note: The Park Commission is still discussing options for relocating the existing ball field to another city park after the upcoming spring - summer season is over. Andover Baseball Association, area residents and the Park Commission are in agreement with having the ball field removed at this location for the following reasons: • Parking is one issue as there is not a designated parking lot. Vehicles are currently parking in the street. • The park is not large enough to accommodate the older individuals that have used the field in the past for fun ball. Any direction you relocate this field will result in baseballs or softballs would be hit onto Ivywood Street and Heather Street and possibly even in the neighbor' s yards across the street. • If the association were to continue using the park for organized play, fencing (sideline and backstop) would be necessary to protect players and spectators. With the new fencing that would be needed, the field would take up additional area of the park and is not the right fit for a park of this size. Mayor and Council Members March 5, 2013 Page 2 of 2 BUDGET IMPACT The improvements are identified in the 2013 Parks Capital Improvement Plan. The total budget available for park improvements for replacement is $56,000 for both Northwoods East and Green Acres Park. The amount to be allocated to each park is $24,000 ( Northwoods East Park has already been approved by the City Council). The remaining $8,000 will be allocated at a later date or carryover into 2014. The Park Commission will be discussing this over the next few meetings. ACTION REQUIRED The City Council is requested to approve the plan for playground equipment improvements to Green Acres Park as recommended the Park and Recreation Commission. Respectfully submitted, Todd Todd'J. Haas Cc: Ted Butler, Park and Recreation Commission Chair (copy sent by e-mail) Attachment: Park Location Map, xisting Park Layout c t r l o r NDOVE _ Location Map �pEE K pP S 1ODN 31M 3061 142A2 IRMA 14222 1 /299 MRS 141" MIR 3060 2990 3045 Mn MM MIS 3005 2955 29/9 2930 mm 2917 M05 2859 2819 142ND LN 142ND LN 142ND LN 3030 3014 3001 2950 2939 2926 am 2901 2030 3816 Z n uzM = rn b N ti MRS 2929 M27 NU 14216 mos 20y 2963 14215 142ND AVE 1/200 14LO 14183 2020 an 2916 29a/ 2956 2966 f 1 /lW o o ¢ O ti S 14161 2 COON CREEK PARIt 2967 2031 2935 2019 2903 2087 1/l68 �� GREEN XRES 14151 LN 141x N ¢ M38 2022 am 2890 = 2070 Mx 21169 a W Z u17I 20!7 20/1 2920 20m 2093 2967 !o! `I} 9� 141 ST AVE 14ISTAVE rnE 14112 2399 D ut ti 14190 M38 2929 M08 Lm90 Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and N are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, All Rights Reserved $ Printed 02/27/2013 a. Nb6" - 1 :400 A tv,289; .+ JJ 1 A 1- ..� •1 "S. • � L'L9u� �V. - Irk. I ,.r Green Acres Perimeter '� Lot /Parcel x t- i I ,.r Green Acres Perimeter '� Lot /Parcel • ANDOVEA 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • W W.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develop t Director FROM: Stephanie L. Hanson, City Planner SUBJECT: Annual Review /Temporary Greenhouse / Linder's Flower Mart/2218 Bunker Lake Boulevard - Planning DATE: March 5, 2013 INTRODUCTION Linder's received conditional use permit approval in 2008 for a temporary greenhouse in the Festival Foods parking lot. A condition of approval requires annual review by the City Council. DISCUSSION A letter from the applicant, site plan and greenhouse details are attached. No changes are proposed to the way the site has been operated over the past five years. The resolution approving the conditional use permit is also attached. ACTION REQUESTED The Council is asked to review the attached materials to fulfill the annual review condition of the temporary greenhouse conditional use permit. Attachments Applicant's Letter Permission Letter Site Plan Greenhouse Details Resolution R024 -08 Respectfully submitt d, Stephanie L. Hanson Cc: Caio Cella, Linder's Flower Marts 275 W. Wheelock Pkwy St. Paul, MN 55117 Linder's Flower Marts 275 W. Wheelock Pkwy St. Paul, MN 55117 ® 651- 255 -0417 0 Fax: 6517255-0445 E -mail: flowermarts @linders.com February 20, 2013 Stephanie Hanson— City Planner City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Dear Ms. Hanson; Please consider this letter our request to renew our Conditional Use Permit for our 2013 Flower Mart at the Andover Station. According to our approval in 2008 the permit must be reviewed annually by the City of Andover. This will be our sixth year at this location. I am very happy to report that we have been very well received here and we are eager to return to service the customers we have earned. We have heard many excellent comments from our customers here regarding Linder's coming to Andover Station and our quality, selection, customer service and warranties. We are planning to locate in the same position as in 2012. This location worked very well and had little or no impact to the traffic flow in the lot. I'm sure that if anything, it had a good effect on the traffic through the lot. Our selling period for 2013 will be the same as in 2012; from mid -April thru mid -July, and we will be setting up according to the same schedule as last year. As in the past we will abide with all of the other provisions in the original agreement. We are eager to continue being an excellent addition to the City of Andover and feel that we are doing a very good job here and compliment the Center's selection of retailers. www.Linders.com We have contact the owner of the Center and have been able to establish an excellent relationship. They are eager to have us return. We hope that we will again have an exciting spring season here. I have attached diagrams of the Flower Mart as it will be in 2013. If there is anything else we need to do please contact me at 612- 685 -7993 or email caiocella(a)linders.com . We are eager to return and be a part of providing Andover area residents with employment and plant materials to beautify their properties and gardens. Sincerely, Caio Cella General Manager Flower Mart Division To Whom It May Concern: Linder's Greenhouses, Inc. has our permission to operate a Flower Mart at Andover Station from April 15 through July 20, in the years 2013 and 2014. They also have permission to begin setting - up the Flower prior to their opening date. If you have any questions, please feel free to call at 952- 893 -8242. Sincerely, Title, ®�,�.a CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R024 -08 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUESTED BY ANDOVER STATION LLC FOR OUTDOOR DISPLAY, STORAGE, AND SALES IN THE GB - GENERAL BUSINESS ZONING DISTRICT IN ANDOVER STATION, LEGALLY DESCRIBED AS: Lot 1, Block 1, Andover Marketplace 2nd Addition, Anoka County, Minnesota (PIN 34- 32- 24 -32- 0028) WHEREAS, Andover Station LLC has requested approval on behalf of Linder's Greenhouses, Garden Center & Flower Marts of a conditional use permit for a "Flower Mart" greenhouse operation in the parking lot of Andover Station, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -14-6 Conditional Uses, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends.to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for outdoor display, storage, and sales, subject to the following conditions: 1) The greenhouse operation shall conform in size . and scale with the materials submitted with the Conditional Use Permit Application dated February 15d', 2008. 2) The Flower Market operation shall operate only between April Isf and July 31" subject to annual review by the City Council. 3) Hours of operation shall be from 8:00 AM to 8:00 PM. 4) All signage relating to the proposal shall require a sign permit from the City. 5) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6. Adopted by the City Council of the City of Andover on this 18th day of March, 2008. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk /Oc-haef R. Gamache, Mayor F i 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANC "" "" " TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Direcl FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Approve Utility Billing Services Contract — Opus21 DATE: March 5, 2013 INTRODUCTION As you are aware, Connexus Energy will no longer be providing utility billing services for the City of Andover effective July 2013. They have decided to focus solely on their core business — delivering electricity to the north metro. Connexus Energy has provided billing services for the City for over 18 years and it has been a valuable partnership. DISCUSSION With Connexus Energy no longer providing billing services, Finance and Administration have had multiple discussions on whether to continue to outsource utility billing or bring it in- house. Through a cost analysis based on current accounts and billing cycles, it was more cost effective to continue with outsourcing. In researching companies, only Opus21 provided the type of service similar to Connexus Energy. They are currently providing services for Ramsey, Cottage Grove, Forest Lake, Savage and Isanti. They are able to present bills monthly and quarterly and would provide meter reading, bill presentation, remittance processing and a call center. Outsourcing has an initial conversion/startup fee of $47,000 and an annual fee of $126,000. To bring these services internally, there would be an initial conversion/startup fee of $55,000 and an annual fee of $170,000. In 2012, billing services with Connexus Energy cost the City $143,951. BUDGET IMPACT This service is funded through the General Fund and Enterprise Funds. ACTION REQUESTED The Andover City Council is requested to approve the attached contract with Opus21 to provide utility billing services contingent upon City Attorney's review. Respectfully submitted, Lee Brezinka Attachment: contract OPUS21 MANAGEMENT SOLUTIONS MASTER AGREEMENT OPUS21 Agreement Number: 4078 Date: THIS OPUS21 Master Agreement (this "Agreement"), is made and entered into this of 2013, by and between OPUS21 MANAGEMENT SOLUTIONS, LLC. A Minnesota Limited Liability Company ( "OPUS2" ), 680 Commerce Dr., Suite 160, Woodbury, MN 55125 and the City of Andover, a Minnesota Municipal Corporation, 1765 Crosstown Blvd NW, Andover, MN 55304 ( "Customer") OPUS21 and Customer agree that all products and services to be provided by OPUS21 to Customer shall be furnished -only under the terms and conditions of this Agreement and its attached Schedules No. 1 and 2 (the "Schedules "). OPUS21 is a technology product and service firm specializing in providing certain technology software products and services that OPUS21 has developed, owns or leases. Customer desires to purchase products or services from OPUS21. OPUS21 desires to supply Customer pursuant to the terms and conditions contained in this Agreement and the attached Schedules. NOW THEREFORE, in consideration of the mutual promises contained herein, it is agreed to as follows: 1 Defmition of Terms. As used herein: 1.1 "Project" — The products and services provided by OPUS21 for Customer. 1.2 "Schedules" — Attachments 1 and 2 to this Agreement, which are made a part of this Agreement for all purposes. 1.3 "OPUS 21 Custom Software" — Software developed by OPUS21 specifically for Customer or OPUS21 Core Software customized by OPUS21 specifically for Customer. 1.4 ,OPUS21 Core Software" - Software developed or customized by OPUS21 but not specifically for Customer. 1.5 "OPUS21 Software" — OPUS21 Custom Software and OPUS21 Core Software. OPUS21 Software does not include the Source Code. 1.6 "Third -Party Software" — Software in machine- readable form provided by OPUS21 to Customer that is not developed or customized by OPUS21. Third -Party Software does not include the Source Code. 1.7 "Software" — OPUS21 Software and Thirty -Party Software. 1.8 "Source Code" — A copy of the computer programming code in human - readable or other form. 1.9 "Third -Party Customer" — Third party utility service providers that provide utility services and obtain service bureau processing from Customer. Management Solutions. Page 1 of 8 2 Term of Agreement. This Agreement shall be effective upon execution by both parties and shall continue in force through completion of services described in the "Schedules" unless earlier terminated in accordance with the terms herein. 3 Compensation. The amount of compensation Customer shall pay OPUS21 for the products and services provided by OPUS21 hereunder shall be provided in the Schedules. All compensation shall be payable by Customer within 30 days of receipt of an invoice from OPUS21. 4 Confidentiality of Customer's Information. 4.1 OPUS21 acknowledges that Customer subject to Minnesota's Date Privacy laws, regards as confidential and as a proprietary asset any information or materials that come to the attention of OPUS21 by reason of (a) the presence of OPUS2"s agents, employees, or representatives at Customer's site, or (b) OPUS21 furnishing services to Customer in connection with this Agreement (such information, materials, and records collectively being referred to as "Customer's Confidential or Proprietary Information "). 4.2 OPUS21 agrees to safeguard Customer's Confidential or Proprietary Information by holding it in strict confidence, disclosing it only to those employees, agents or contractors who have a need to know in order to provide services as agreed upon. 4.3 Notwithstanding anything herein to the contrary, Customer's Confidential or Proprietary Information shall not include: (a) information that comes into the public domain except as a result of a breach of this confidentiality provision; (b) information received by OPUS21 from a third party not under any obligation of confidentiality with respect thereto; (c) information that is independently developed by OPUS21 personnel that have not had access to Customer's Confidential or Proprietary Information; (d) information required to be disclosed under operation of law; or (e) information approved in advance in writing for disclosure by Customer. 5 Intellectual Property. All computer programs, including the OPUS21 Software, related documentation, written procedures, copies of transcripts, Source Codes, and similar items are proprietary to and shall be considered trade secrets and confidential information remaining the property of OPUS21. Customer agrees that, other than those disclosures and records required to be made or maintained pursuant to Minnesota Law, it will not disclose to any third patty at any time (either during or after termination of this Agreement) any OPUS21 trade secrets or any other OPUS21 secrets or confidential information, learned by Customer in connection with this Agreement. All documentation shall be returned to OPUS21 upon termination of this Agreement. All original input data items shall remain the property of Customer.and will be returned pursuant to Customer's instructions, except as may be required by Minnesota's Data Privacy law as determined by a Court of competent jurisdiction. Customer shall retain or destroy all original input documentation and other documentation in accordance with its own procedures. Management Solutions. Page 2 of 8 6 Modification. 6.1 Either party may modify this Agreement or any Schedules through mutual agreement of both parties. 6.2 In the Event of Default the non - defaulting party may terminate this Agreement or any Schedule. 6.3 In the event of modification for any reason, Customer will pay all amounts due and payable under this Agreement up to the effective date of modification, and Customer may retain and use any products or services delivered to Customer prior to the date of modification as governed by the terms and good standing of the Agreement. 7 Hold Harmless and Indemnification. 7.1 By OPUS21. OPUS" shall indemnify, defend and hold harmless Customer against any loss, damage or expense incurred by Customer as a result of claims, actions or proceedings brought by any third party arising out of OPUS21's performance of this Agreement including Customer's reasonable attorney's fees and any money damages or costs awarded in respect of any such claim(s) and any suit raising any such claim(s); provided, however, that (a) Customer shall have given OPUS21 prompt written notice of any such claim, demand, suit or action; (b) Customer shall cooperate with said defense by complying with OPUS .21, reasonable instructions and requests to Customer in connection with said defense; and (c) OPUS21 shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. 7.2 By Customer. Customer shall indemnify, defend and hold harmless OPUS21 against any loss, damages or expense incurred by OPUS21 as a result of claims, actions or proceedings brought by any third party arising out of Customer's performance of this Agreement including OPUS21's reasonable attorney's fees and any money damages or costs awarded in respect of any such claim(s) and any suit raising any such claim(s); provided, however, that (a) OPUS21 shall have given Customer prompt written notice of any such claim, demand, suit or action; (b) OPUS21 shall cooperate with said defense by complying with Customer's reasonable instructions and requests to OPUS21 in connection with said defense; and (c) Customer shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. 8 Notices. All notices and other communications under this Agreement must be in writing and shall be deemed to have been given if delivered personally, sent by facsimile (with confirmation), mailed by certified mail, or delivered by an overnight delivery service (with confirmation) to the parties at the following addresses or facsimile numbers (or at such other address or facsimile number as a party may designate by like notice to the other parties): To OPUS21: OPUS21 Management Solutions, LLC Attention: Lynn Shuba, -President 680 Commerce Drive, Suite 160 Woodbury, MN 55125 Facsimile No.: (651) 905 -0440 Management Solutions. Page 3 of 8 To Customer: City of Andover Attention: Jim Dickinson, City Administrator/Finance Director 1685 Crosstown Blvd. NW Andover, MN 55304 Any notice or other communication shall be deemed to be given (a) on the date of personal delivery, (b) at the expiration of the third (3`d) day after the date of receipt in the United States Mail, or (c) on the date of confirmed delivery by facsimile or overnight delivery service. 9 Governing Law/Dispute Resolution. This agreement shall be governed by, construed, and enforced under and in accordance with the Laws of the State of Minnesota. In the event of any litigation arising under or construing this Agreement, Plaintiff agrees to bring any action in the State of Minnesota. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If any dispute arises between the parties either relating to this Agreement or in any way arising out of this Agreement then the complaining party shall provide a notice of such dispute, in writing, to the other party. Such notice shall include both a specific description of the disputed issues and suggested action(s) to remedy such dispute. The Parties shall thereafter attempt, in good faith, to settle such dispute. If no resolution of the dispute is reached within forty -five (45) days of the notice of dispute, then either party may pursue any legal remedy it may have available including instituting suit in a court of competent jurisdiction. 10 Binding Nature and Assignment. This Agreement shall bind the parties and their successors and permitted assigns. Neither party may assign this Agreement without the prior written consent of the other party, except that the term "Assignment' shall not include any transfer by merger, acquisition, stock transfer or other consolidation with another entity. Notwithstanding the foregoing, Customer shall effect no assignment or transfer by merger, acquisition, stock transfer, sale of substantially all of the assets or consolidation to or with any entity engaged substantially in the business of providing software and /or related services that are similar to the software and services provided by OPUS21. 11 No Third Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than OPUS21 and Customer. OPUS21 reserves the right to enforce the terms and conditions of this Agreement against all Third -Party Customers. 12 Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement (except failure to pay) if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. Management Solutions. Page 4 of 8 13 Entire Agreement. This Agreement and the Schedules contain the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties relative to its subject matter. No amendment to, or change, waiver or discharge of any provision of this Agreement shall be valid unless in writing and signed by any authorized representative of the party against which such amendment, change, waiver or discharge is sought to be enforced. 14 Signature Authority. Each party represents and warrants to the other that the signatory of that party is authorized to enter into this Agreement for and on behalf of that party. 15 Relationship of the Parties. The relationship of the parties established by this Agreement is solely that of independent contractors, and nothing contained in this Agreement shall be construed to (a) give any party the power to direct and control the day -to -day activities of the other; or (b) constitute such parties as partners, joint ventures, co- owners or otherwise as participants in a joint or common undertaking; or (c) make either party an agent of the other for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent, employee to represent, to act for, bind, or otherwise create or assume any obligation on behalf of the other. 16 Approvals and Similar Actions. Where agreement, approval, acceptance, consent or similar action by either party is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld, unless specifically permitted by this Agreement. 17 Publicity. Either party hereto may prepare press releases concerning the existence of this Agreement and may reference the other party and this Agreement in its advertising, sales promotions, trade shows, or other marketing material, subject to review, comment, revision and prior written approval of the other party which approval shall not be unreasonably delayed or withheld. 18 Severability. If any provision of this Agreement is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent or, if that is not possible, by substituting another provision that is enforceable and achieves the same objective and economic result. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION OR EXCLUSION OF DAMAGES OR OTHER REMEDIES IS INTENDED TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY UNDER THIS AGREEMENT IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR OTHER REMEDIES SHALL REMAIN IN EFFECT. Management Solutions. Page 5 of 8 19 Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. 20 Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 21 Compliance with Laws. Each party shall comply with all governmental, including federal, state, and local laws, statutes, rules and regulations applicable to this Agreement. 22 Conflicts between Agreements. In the event that any terms of this Master Agreement conflict with any Schedule(s), License Agreement, or Support Services Agreement, the specific terms of those particular schedules or agreements will govern. 23 Termination of Agreement. Upon termination of this Agreement, OPUS21 will assist the City, on a time and material, basis transfer the data to another system in a professional and timely manner. 24 Certificate of Liability Insurance: Upon enactment of the Agreement, OPUS21will add the Customer as an additional Certificate Holder to our insurance policy. Accepted by: OPUS 21 Management Solutions, LLC a Minnesota Limited Liability Company By: Lynn Shuba Its: President Date City of Andover, a Minnesota Municipal Corporation By: Its: Attest By: Its: Date Management Solutions. Page 6 of 8 SCHEDULE NO. 1 Base Services and Cost This Schedule is part of the Master Agreement No. 4078 between OPUSZI and Customer dated the day of 2013. NOW, THEREFORE, the parties agree as follows: 1. Term of Agreement. The term of the agreement will be 60 months beginning with first billing. 2. Cost of Services. CIS Data Hosting, Bill Print, Lockbox and Support Services Billing Agreement Customer Information Systems (CIS) Data Hosting / Account $0.23/Mth Personnel & Support / Account $0.12 /Mth Billing Simplex Bill Print w/ Inner and Outer Envelopes $0.19 Each E- Billing $0.07 Each Inserts $0.03 Each Remittance Lockbox / Account Processed $0.23 Each On -Line $0.11 Each ACH Auto -Pay $0.05 Each Call Center from 8:00 AM — 9:00 PM M -F / Account $0.14/Mth 3. Additional Services Services Provided as a Pass - Through Cost to Customer as Part of Master Agreement USPS Postage and Related Fees RMR Meter Reading Services Banking Fees Printing of Inserts or Other Materials Management Solutions. Page 7 of 8 SCHEDULE NO. 2 Conversion of Data This Schedule is part of the Master Agreement No. 4078 between OPUS21 and Customer dated the day of 2013. NOW, THEREFORE, the parties agree as follows: 1 Software. 1.1 OPUS21 will provide Customer with Customer Information System / Utility Billing Software. 2 Services. OPUS21 will provide Customer with the following services on an as needed basis: 2.1 Planning and Specifications 2.2 Fulfillment 2.3 Configuration 2.4 Data Migration 2.5 Training 2.6 Testing 2.7 Production and Post -Live Monitoring 3 Specifications. OPUS21 shall analyze Customer's needs to determine the required functionality and processes of the Software and /or Services. After preparing such needs analysis, OPUS21 shall prepare specifications for the Software and /or Services. 4 Customer's Obligation. Customer shall: 4.1 Designate a primary and a secondary project manager, including telephone numbers and e -mail addresses, within ten (10) days following the execution of this Schedule. 4.2 Perform all of its obligations hereunder in a time frame that permits OPUS21 to meet the Delivery Schedule. 4.3 Provide accurate information and the necessary resources required for OPUS21 to meet the Delivery Schedule. 4.4 Participate in all required reviews, testing, training, and perform all Customer testing as deemed necessary by OPUS21 to ensure the compliance and adherence to all required functionality and processes as defined and documented throughout the Project. 5 Compensation. 5.1 Services. Not to exceed $4.50 /Account. Management Solutions. Page 8 of 8 6NDOVEA 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit /Andover Boys Lacrosse Booster DATE: March 5, 2013 INTRODUCTION The Andover Boys Lacrosse Booster has submitted an application for a raffle at an event they are hosting on April 12, 2013 at Tanners Station, 13655 Martin Street NW. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, 1*1-� Michelle Hartner Deputy City Clerk Attach: Application MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 1/13 Page 1 of 2 An exempt permit may be issued to a nonprofit organization that: Application fee (non refundable) - - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. If application is postmarked or received 30 days or If total prize value for the year will be $1,500 or less, contact the licensing more before the event $50; otherwise $100 . specialist assigned to your county. ' ORGANIZATION INFORMATION Organization name Previous gambling permit number Andover Boys Lacrosse Boosters X -92574 Minnesota tax ID number, if any Federal employer ID number (FEIN), if any 26- 3226555 Type of nonprofit organization. Check one. —0 Fraternal Religious veterans Other nonprofit organization Mailing address City State Zip code County 64,_ AI a c Name of chief executive officer [CEO] Daytime phone number _ F -mail address Nancy McComber ^ NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103 ❑ Phone: 651- 296 -2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact ❑the IRS at 877 - 829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Tanner's Station Address [do not use PO box] City or township Zip code County 13655 Martin St. NW Andover 55304 Anoka Date[s] of activity. For raffles, indicate the date of the drawing. r� Iz 2.01 CF a� each type. of ling activity that your organization will conduct. In Bingo* M Raffle Paddlewheels* Pull -tabs* El Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on Distributors under the WHO'S WHO? LIST OF LICENSEES, or call 651- 639 -4000. LG220 Application for Exempt Permit t 11 Z Dena 9 of I LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township _The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30 [60 days for a 1st class city]. days. _The application is denied. The application is denied. Print city name Print county name - Signature of city personnel Signature of county personnel Title Date - Title Date TOWNSHIP. If required by the county. On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny Local unit of government must sign an application, per Minnesota Statutes 349.166.1 Print township name Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief executive officer's signature Datela Print name Ct Y-\Cy Hc6orn REQUIREMENTS Complete a separate application for: Financial report and recordkeeping required • all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your • all gambling conducted on one day. permit, or use the online fill -in form available at Only one application is required if one or more raffle drawings www•gcb.state.mn.us. are conducted on the same day Within 30 days of the event date, complete and return Send application with: the financial report form to the Gambling Control Board. _ a copy of your proof of nonprofit status, and Questions? application fee (non refundable). Make check payable to ..State Call the Licensing Section of the Gambling Control Board of Minnesota." at 651- 639 -4000. To: Gambling Control Board This form will be made available in alternative format (i.e. large print, Braille) 1711 West County Road B, Suite 300 South upon request. Roseville, MN 55113 Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling All other information provided will be pri- General; Commissioners of Administration, vate data about organization Control Board (Board) to determine your organization's qualifications to be involved in lawful activities in your until the Minnesota Management & Budget, and Board issues the permit. When the Board Revenue; Legislative Auditor, national and issues gambling Minnesota. Your organization has the right to refuse to the permit, all information provided international gambling regulatory agencies; will become public. If the Board does not supply the information; however, if your organization refuses to supply this information, the Board may not be anyone pursuant to court order; other indi- issue a permit, all information provided viduals and agencies specifically authorized able to determine your organization's qualifications and, remains private, with the exception of your by state or federal law to have access to organization's name and address which will the information; individuals and agencies as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board remain public. Private data about your for which law or legal order authorizes a organization are available to: Board will be able to process the application. Your organization's name and address will be public information when mem- new use or sharing of information after this bers, Board staff whose work requires notice was given; and anyone with your received by the Board. - access to the information; Minnesota's written consent. Department of Public Safety; Attorney 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Developm t Director FROM: Stephanie L. Hanson, City Planner 4f — SUBJECT: Residential Sketch Plan for property located at the southeast corner of Andover Boulevard and Prairie Road NW. DATE: March 5, 2013 INTRODUCTION The applicant Mark Smith is requesting a review of a residential sketch plan for a 75 – lot single family urban residential development to include all of the outlined properties shown on the attached location map. DISCUSSION The sketch plan is intended to illustrate how the entire area can be developed. It is important to note that not all of the property owners in this area are interested in development at this time. Background The applicant, Mr. Mark Smith submitted a sketch plan on January 11, 2013 for review. The Andover Review Committee (ARC) reviewed the sketch plan and submitted comments to Mr. Smith. These comments have been attached for your review. Staff suggests the comments be reviewed as part of the sketch plan process. Mr. Smith and staff met to discuss the comments. Mr. Smith has responded to at least some of the comments by resubmitting a sketch plan with changes associated to the staff comments. The attached sketch plan reflects these changes. Public Works and Engineering staff are currently reviewing the updated sketch plan. Conformance with Local and Regional Plans and Ordinances 1. The property is located within the 2020 MUSA Boundary and within the current stage of sewer expansion. 2. The property is zoned Single Family Rural Residential (R -1). A rezoning to Single Family Urban Residential (R -4) will be necessary to allow the project to move forward. Access Access would be provided from Prairie Road NW as shown on the attached sketch plan. Eventually the development will gain access to Andover Boulevard through Hickory Meadows 2 °d Addition, located east of this development. Sixty six (66') feet of right -of -way may be required for the local street at the Prairie Road intersection. This would allow sufficient space for three lanes of traffic. The access to Prairie Road is approximately 767 feet from the intersection of Andover Boulevard. This location provides adequate spacing between the intersections and would provide an alignment to the west for future development. The Anoka County Highway Department is in the process of reviewing the sketch plan; therefore staff has not received a written review letter. Utilities Trunk sewer and water lines are located east of the land within the Hickory Meadows development. It is undetermined at this time if the improvements will be constructed privately or if the developer will petition the city for public improvements. As part of the preliminary plat process, the applicants engineer will need to evaluate if the southern cul -de -sac can be served with sewer and if it is feasible. Lots Some of the lots may need to be adjusted to meet the minimum requirements of the R -4 Zoning District. This includes: 1. Lot size requirements is 11,400 square foot. When the preliminary plat is submitted all of the proposed and sketched lots will be required to meet the R -4 requirements. However, double frontage lots must have additional depth for screen planting along the rear lot line of 10 feet. 2. There are two odd shaped lots. These lots may not provide enough buildable area to position an average home; this will need to be verified during the preliminary plat process. I Lots must be 80 feet wide at the front yard setback. Corner lots must be at least 90 feet wide at the front setback line. The preliminary plat will need to include the front setback line for each parcel. 4. Corner lots must be a minimum of 100 feet wide as measured at the building setback line or 90 feet wide for back to back lots. There are a number of existing homes within the sketch plan. The preliminary plat will need to illustrate and address each structure. Floodplain and Wetlands A significant amount of floodplain exists along the north side of Coon Creek. Flood fringe, flood way and wetland areas were delineated in 2004. The delineation needs to be updated and officially approved this coming growing season. Areas of floodway and flood fringe are shown in the southwestern area of the sketch plan. It is important to note that a separate process involving the Federal Emergency Management Agency (FEMA) would need to be completed before a preliminary plat for lots that propose floodway impact could be reviewed by the City. If this area of the sketch plan can be developed, it will most likely be part of a future phase after the process with FEMA has been completed. Coon Creek Watershed District (CCWD) Once the overall layout of the sketch has been agreed upon, the developers will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the City, an engineering consultant and the CCWD. The CCWD will need to have reviewed the preliminary plat and the developer will need to address any issues that are raised during that review before a public hearing will be scheduled for the preliminary plat. Southwest Corner of Sketch Plan The two properties at the southwest corner of the sketch plan are not proposed for development at this time. However, it is important that these properties be evaluated and that a street connection is provided at a location that will allow efficient development to occur in the future. The proposed street connection near the entrance from Prairie Road is angled to avoid the existing home at 14367 Prairie Road. The location of streets beyond this point and the resulting lots will likely be affected by field delineation of the floodplain and any proposed floodway impact /mitigation in the future along with any wetlands that do exist. Trail System It should be noted that a 100 foot trail easement presently exists on the north side of Coon Creek on the properties east of the development. It has yet to be determined the exact location of a future trail along the creek. It should also be noted that the location for trail connection through the neighborhoods has yet to be determined. It will either be through this development or Hickory Meadows 2 °d Addition. Park and Recreation Commission The Park and Recreation Commission reviewed the sketch plan on February 21, 2013. The commission is recommending acquiring a small lot for the expansion of Hickory Meadows Park. Draft meeting minutes have been attached for your review. Coordination with other Agencies The developer and/or owner are responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Planning Commission Review The Planning Commission reviewed the sketch plan and had the following comments for City Council to consider as the plan moves forward: 1. Park placement: safety concerns for the children with the current location of the park in Hickory Meadows. Ideas were discussed about relocating the park to the southern area of the proposed development. 3 2. Developer to consider berming and planting along Prairie Road and Andover Blvd to discourage mismatched fencing along the roadways. 3. Concerns with the main street through the development being a cut through for traffic and potentially a safety hazards because of fast driving. Are there ways to deter speeding on this particular local street? 4. Developer to consider preserving the wetlands on the southern portion of the development. Public Comments Jeff and Millie Johnson, 14315 Prairie Road, attended the public hearing and have also submitted a comment letter for City Council to consider as part of the review process. The letter has been attached for your review. Action Requested City Council is asked to informally advise the applicant on adjustments to the proposed project to conform to local ordinances and review criteria. Attachments Location Map Sketch Plan (11x17 in packet) City Staff Comments Draft February 12, 2013 Planning Commission Minutes Draft February 21, 2013 Parks Commission Minutes Comment Letter from Jeff and Millie Johnson, 14315 Prairie Road Respectfully ubmitte Stephanie L. Hanson Cc: Mark Smith, 2120 Otter Lake Dr., Lino Lakes, MN 55110 M 7 ' ^W L.J.: 5 U N 9 IM FRJiR4E RD a 4 a fr A cl"Ilo 15 N33d9d9A3 H 3 1S NB 3A dD d3 -1 II n 1 � i II T \ O i " -°DIVE 1 - ^ m I V V V V _ u i IF i n I F W N o- N R Ev m� F- N t_ 3 @ N U N a R � as N R Ul a � ow a C N a o � U N C >. 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"s � ,.'�' 4'• - //1 h � l'�yt6. � >,yfnt r � - ['b r, f � � � j�Lw-��- tpR..x�t"^ 4M 4 ] �Y .,` � F; � r P Cot Z r fb , ll yam. r w� ?ti P a q -s ar c ±n v f� � " CI r g :yy all r C I T Y o F 1'� D O 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV January 25, 2013 Mark Smith 2120 Otter Lake Drive Lino Lakes, MN 55110 Re: Residential Sketch Plan - SE Corner of Andover Blvd NW & Prairie Rd NW Mr. Smith: Staff has completed the review of the sketch plan for the residential development located at the SE corner of Andover Blvd and Prairie Rd W. Please respond in writing to the comments below and the attached Engineering Department memorandum. Sketch Plan Review I . The Applicant will be required to make application for a rezoning of the parcels from RI- Single Family Rural to R4- Single Family Urban 2. R4 Single Family Urban requires lots to be 11,400 square feet. It appears there are numerous lots that do not meet the required lot size. 3. R4 Single Family Urban lots are required to have a lot width of 80 feet at the front setback. This needs to be verified that all lots meets this requirement. 4. Block 5, Lot 1 does not appear to be buildable because of the odd size of the lot. This needs to be verified that a house can be placed on the lot while meeting all setbacks. If you have questions regarding the comments, please contact me at (763) 767 -5147 or the staff person listed on the attached memorandums. Sincerely, Ud/ � i � Q rl�1�, L�Z� - Stephanie L. Hanson Andover City Planner MEMORANDUM TO: Stephanie Hanson, City Planner COPIES TO: FROM: David Berkowitz, City Engineer �3 Todd Haas, Asst. Public Works Director DATE: January 24, 2013 REFERENCE: Mark Smith Sketch Plan /SE Corner of Andover Boulevard NW & Prairie Road NW /Review #1 Listed below are comments based on the proposed sketch plan for your review. 1. The delineation of the wetland identified on sketch plan will need to be approved by the Coon Creek Watershed District and indicated on the plan as such. There is no indication on the sketch plan that the Coon Creek Watershed District has approved the wetland boundaries. 2. The developer is responsible to obtain the necessary permits from the Coon Creek Watershed District, DNR, U.S. Army Corps of Engineers, MPCA or any other agency that is interested in the site. 3. Need to meet the requirements of the City of Andover Water Resource Management Plan. 4. The developer will be required to receive approval from the Federal Emergency Management Agency (FEMA) before the final plat can be recorded due to the impacts to the flood fringe and floodway areas. 5. A buffer strip will be required for wetlands and storm water areas. Some of the lots in the development may be impacted by the floodplain areas, wetlands and /or buffer strip areas. The developer's surveyor /engineer will need to evaluate this closer to see if lots can be made buildable due to these impacts. 6. Need to submit a tree protection plan with the submittal of the preliminary plat. 7 See comments from the Anoka County Highway Department in regard to the development. It may be necessary for the developer to contact the ACHD to obtain a copy of the comments. No direct driveway access from lots will be allowed to Andover Boulevard NW and Prairie Road NW. Arrangements to modify the driveways will need to be identified on the preliminary plat. 8. It will be necessary to identify all existing driveways and structures that will be removed on the sketch plan. 9. A 20 foot radius corner is required for the intersection right -of -ways within the sketch plan where a city street intersects with another city street. A 30 foot radius corner is required for the intersection right of way where the City street intersects with a County road (Andover Boulevard NW) and City collector street (Prairie Road NW). 10. All stretets are required to be public. i 11. A variance may be required for the proposed cul -de -sac at the south end of the sketch plan due to the length as it appears to exceed the 500 foot maximum requirement. 12. The Engineering Department is recommending that the proposed street that is accessing to Prairie Road NW be shifted further south to accommodate a future street that could be constructed to serve the area west of Prairie Road NW. Turn lanes on Prairie Road NW to access this development will be required to provide safer turning movements for vehicles. See sketch plan as to a recommended street and lot layout. 13. Need to indicate the existing right -of -way width and all existing drainage and utility easements within 100 feet of the site. 14. Are there any existing easements (private or public) that need to be vacated? If there are, they should be clearly indicated on the sketch plan so that it can be determined if the easement needs to be vacated. 15. Drainage and utility easements in the preliminary plat will need to be provided to allow utilities to be looped as required in various portions of the development. This will be determined as part of the preliminary plat. 16. Drainage and utility easements will be required for all ponding areas. This will be evaluated as part of the preliminary plat. 17. A preliminary sanitary sewer and water main layout will be reviewed later as part of the preliminary plat submittal. 18. A bikeway /walkway trail is planned to be constructed along the north side of Coon Creek between Prairie Road and the Hickory Meadows development. A trail easement has already been dedicated along Coon Creek in the Hickory Meadows development. It will be necessary to identify this existing location . of the easement on the sketch plan and provide a trail detail easement as part of the preliminary plat. 19. A trail and /or an emergency vehicle access will be necessary to provide access to the proposed trail along Coon Creek. The location will need to be determined as part of the preliminary plat preparation. 20. It will be necessary for the developer to sketch the undeveloped adjacent property on the east side of Prairie Road NW and north of Coon Creek so that there access to the property for future development. 21. Park & Recreation Commission will need to review and determine if a park is necessary or a cash dedication will be recommended in lieu of land. It appears that a combination of land and cash will be recommended since additional park land may be necessary adjacent to the existing park in Hickory Meadows. 22. Need to meet requirements of all City Codes that apply specifically City Code Section 11. 23. When beginning the platting process the plat, the grading plan and all other plans must utilize the Anoka County coordinate system and datum so the information can be transferred to the City's GIS mapping. 24. When the final plat is approved and recorded, the developer must submit a digital copy of the plan. 25. See additional comments on the plan. 26. Additional comments pending further review. Note: The developer must respond in writing to each item in the memo to ensure compliance. If you have any questions, feel free to contact Dave Berkowitz or Todd Haas at (763) 755 -5100. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV MEMORANDUM To: Stephanie Hanson, City Planner From: Kameron Kytonen, Natural Resources Technician KK Date: January 24, 2013 Reference: Prairie Rd. and Andover Blvd. -Mark Smith SP Comments 1. It is recommended to integrate some low impact development (LID) concepts into the design to maximize tree preservation, improve stonn water quality and potentially save money on infrastructure costs. Staff is happy to discuss this with you in more detail. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2013 Page 5 PUBLICHEARING. SKETCHPLANREVIEW— ANDOVER BOULEVARD NW AND PRAIRIE ROAD NW— MARK SMITH. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a sketch plan review at Andover Boulevard NW and Prairie Road NW. City Planner Hanson reviewed the proposed sketch plan with the Commission. Commissioner Holthus asked if there is adequate space for 66 feet of right of way. Ms. Hanson indicated there was and the applicant has already addressed this in the new sketch plan. Commissioner Holthus asked if the trail ea: up with Prairie Road. Ms. Hanson thought Commissioner Holthus wondered if the developer south two lots over and have it be on the lot line t two lots to one lot. That would give the developer corner larger. She indicated that would take away problem and change the access point =to the park to Commissioner Nemeth asked on the Hanson stated the develop will nee and certify where the boundaries are. could move the hen chaneine the further west to meet access to the tration of those ice to make the one lot on the e lots but it would-solve the , in her opinion. is outlined, is that preliminary. Ms. land delineation verified this spring Commissioner Gudmundson asked why wouid_there be some question about getting the sewer and water down to the southern portion. She wondered if it was topography. Ms. Hanson cate -_that was correct. ` Co- m-missioner Holthus asked if--- wetland mitigation would solve the sewer and water problem. Ms. Hanson indicated 1C W-111 further investigation. Commissioner Peterson asked _if they had enough right away on Andover Boulevard and Prairie Road for future expansion. Ms. Hanson indicated additional right of way may need to be given fof future expansion. Commissioner Peterson asked how the topography affects the buildable lots. Ms. Hanson indicated it might on the southern portion of the property because of the flood fringe. Commissioner Peterson asked if the proposed park will be an expansion of existing facilities already in the park there. Ms. Hanson stated it would be. Commissioner Holthus wondered if the County is giving any consideration at all to do some improvements along Andover Boulevard to possibility have a trail or widening it to Regular Andover Planning and Zoning Commission Meeting Minutes —February 12, 2013 Page 6 have a shoulder for a trail. Ms. Hanson stated she did not know but could get the Commission that information. Commissioner Gudmundson asked if west of the park if that was a pond. Mr. Smith, developer, indicated it was a small wetland. The Commission discussed with staff cul -de -sac length and variances. Motion by Holthus, seconded by Nemeth, to open the public-hearing at 8:23 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. John Stevens, 14464 Flintwood Street, stated lookin g at the plat, his only concern is where the park is located. He wondered what is going Ao be the_deterrence to slow traffic through the area with the park there. He also wondered how the qty could deter residents from using the streets in the development as a cut through to avoid the traffic backup on Prairie Road and Andover Boulevard. He also wondered i_f the truck traffic will be funneled from Evergreen to the development and out Mr. Jeff Johnson, 14315 Prairie Road, stated he has sevefr acres and he wondered if this area gets developed what will happen fo his land. He indicated he did not want to be forgotten so in the future if he wants to develop he will be able to. Commissioner Gudmundson thought if the park were moved, they could reconfigure the central section and take care of the straight road access through and still get all the lots and make the area more scenic and preserve some trees and nature. Commissioner Gudmundson wondered if they could do some berming along Prairie and Andover Boulevard to avoid mismatched fences in the future. Regular Andover Planning and Zoning Commission Meeting Minutes — February 12, 2013 Page 7 Motion by Holthus, seconded by Gudmundson, to close the public hearing at 8:45 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chairperson Daninger reviewed the discussion and recommendations made during the public hearing, including berming, trees, park and cul -de -sac. He indicated he was really concerned about the four way stop and that it will become a cheater road. He thought staff needed to review this further. He also noted that he did not want to see any request for lot variances because they are large lots. Commissioner Peterson thought there should be some preservation of wetlands if possible. _ Commissioner Nemeth concurred and made a suggestion td.— swer the issue with the park. He thought they could look at putting a in some three way stops to slow down of traffic. Commissioner Peterson stated none - the north/south roads line up and he thought if they could line up better they could install an all way or 4'% y_ay stop to discourage people cutting through the development. Commissioner Holthus would 1 to allow a trail to make it safer. City Planner Hanson stated that this 2013 City Council meeting. OTHER City the City consider widening at the March 5, on related items. Commissioner Gudrimundson asked if they have a Conditional Use Permit for the entire Shopping Center District, why did it ever come before the Commission for Time to Thrift to give them another one, would they not have been covered to put their stuff outside. Associate Planner Liska indicated he was not sure why that was. Chairperson Daninger thought it was a safety issuebecause it needed to be sprinkled in order to do it. Ms. Hanson indicated staff would take a look at it and get back to the Planning Commission on it. Commissioner Peterson stated Todd Haas had an open house for the new park proposed on 161" and Tulip and he wanted to commend staff on a nice job on the plan. ADJOURNMENT. Motion by Holthus, seconded by Nemeth, to adjourn the meeting at 9:05 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. PARKANDRECREATIONCOMMISSIONMEETING -FEBR UARY21, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chair Butler on February 21, 2013 at 7:03_ p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners Present: Commissioners Absent: Also Present: Chair Ted Butler, Andrew Melberg, Shaun Van Va& None Public Lindahl, Alisa Lewnau, c, Shane Stenzel, and Todd Haas r L _hl, seconded , =by-Commissioner Lewnau, to recommend of the February 7, 2013 Park and Recreation Commission lotion carried on a 6 -ayes, 0 -nays, 1- Present (Van Vark) 0- absent WWI i�l Mr. Haas reviewed the Con - ssion is requested to review and determine the park dedication requirements for the proposed Mark Smith Sketch Plan. A copy of the sketch plan was provided for Commission review. Mr. Haas provided a map showing the location of the property. He noted the sketch plan does indicate the existing park boundaries of Hickory Meadows Park along with the additional park property the developer would like to dedicate to the City, which would be adjacent to the existing Hickory Meadows Park. The location of a park in this area was suggested by the Commission during the sketch plan review back in 2006. Minutes from the September 7, 2006 Park Commission meeting were provided as a reference. Regular Andover Park & Recreation Commission Meeting Minutes - February 21, 2013 Page2 Mr. Haas stated Staff has reviewed the sketch plan and recommends not taking any more property than is necessary to fulfill the future planned improvements that are identified in the Future Facilities Chart for Hickory Meadows Park. The drawing identifies a smaller area which may accomplish the goal of the park which could include enough area for a small shelter and a half basketball court. Any property the Commission requests to be dedicated will be calculated based on the formula per City Code 11 -3 -7 (C). The more land required to be dedicated the lesser the park dedication fee portion will be. It was noted the preliminary plat for this area will be brought =before the Commission at its March 2, 2013 meeting. Mr. Haas stated he is looking for a recommendation on what would be done with the additional parkland. Commissioner Miskowiec asked what the total acreage would be with the two parcels. Mr. Haas stated between .5 acres and .75 acres Mr. Haas stated this mould be considered a mini park as no parking lot or field would lie part of the park. -_ Chair Butler asked about the connectior east ofthe park. Mr. Haas stated staff 1, taking an trail easement through one of that trail connection would only benefit for those residents to access the north a< Mr. Haas stated the _traffic will be under reminded the ComrMUSsion that a small r Mr. needed for to the trail t?y Coop Creek and noted it =would be looking at the Hickory Meadows 2nd Addition he lots for access fo the trail. Chair Butler stated approximately twelve homes and it may be better less to itietrail. 1000_ cars per day for -•that area. Chair Butler ark was added to this area a few years ago. is the property owner for this walk between the properties. to a trail is constructed there is quite a bit of The Commission is requested to review the proposed preliminary plat and give direction as to park dedication requirements to the City Council. Chair Butler suggested following staffs recommendation and taking the small lot for expansion of Hickory Meadows Park. The Commission will have another opportunity to review this project as part of the preliminary plat review. UPDATE OF GREEN ACRES PARK IMPROVEMENTS Mr. Haas reviewed the Park and Recreation Commission is requested to continue discussing possible improvements to Green Acres Park. This item had been tabled at the last meeting to allow Staff time to discuss the removal of the ball field after the 2013 baseball season at Green Acres Park with the Andover Baseball Association (ABA). From Jeff and Millie Johnson 14315 Prairie Rd Andover, Mn 55304 612 - 803 -0775 To, David Carlberg, and the city counsel Community Development Director I was informed by Todd H. and Stephanie Hanson from the city to write a note to voice my concerns on my property at 14315 Prairie rd. As there is a city counsel meeting coming up and we will not be able to attend ( as funeral out of town), so I am asking if you would be a voice for us on the up coming development meeting on prairie rd and Andover blvd. The latest sketch plan that Mark Smith is proposing has no real access to my property and I would appreciate if the counsel would conceder more of the plan I am submitting that was proposed back in 2006, that would show a proposed access with a additional cul -de- sac to my property ( as marked). We really would like it if that could be part of the over all plan, so either myself or a future buyer of our property has the same opportunity as the rest of the participants. We thank you and the counsel for the consideration. J n�� 2- 25 -zo(3 M ie ohnson I --------------- I • I I �} I I \I 1 t II I �\ ll" ^A11i - - - _ ______' _ w � \ I ' Ir --------- '- - - - -�- m I I 1 f L \+ I I `4� I .a \�i♦ryl ' 1I t \I ti�. I j i jI �� 1 `\ i% 1 1 .. \i�� I'../r / \ \ 1 \ i � I _III � I I I '. �, ♦ J `\ I / / I i" \ I"d\\ i`il I`I� " / i —�'� '^ 1�/// /r� �— Jam_ —L�x1 ♦— 1 r .,� I r 1l / 1 / _ 1 ♦ D YO7S� I: I rrDll YLOODUT / I /i _ II •w� ♦ I i 1 1 I I �l / I`r � \,�- �� \VA � 1 I � ..I a Imo• ,.-'�� 1 1/ �I / - I ' ♦ 7079jt: PROP. DZf HOUSLYC % i i . - i - \� -`� `♦ `\ JOTTCATION URRJH DA MMC4n0,Y \ \ ' � i `� .- Vie,, ♦ \ \ ` j�j{ I F AIC I T Y 0 F NDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report March 5, 2013 The City Administrator and Department Heads present will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development /CIP Projects 3. Legislative Activities 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. L C I T Y N I NDOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for March 5, 2013 City Council Meeting DATE: March 5, 2013 The City Council is requested to receive the following supplemental information. Add -On/ Closed Session — Update on Property Negotiations /PID #22- 32 -24 -42 -0006 submitted, 11101