HomeMy WebLinkAboutCC December 5, 2006
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, December 5, 2006
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (11/21/06 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Accept Quit Claim DeedlLt 1, Blk 1, Sophies South!Drainage-Utility & Utility Easement - Engineering
4. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specifications/05-43/Hanson Boulevard
NW Frontage Road - Engineering
5. Speed Limits in Rural Areas/Approve Resolution to Support a Change in Legislation - Engineering
6. Approve Change Order #12/Community Center - Administration
7. Consider Approval/Raffle PermitlHunt Of A Lifetime, Inc. - Clerk
8. Approve City Administrator Review - Administration
Discussion Items
9. PUBLIC HEARING - Truth in Taxation -Administration/Finance
10. PUBLIC HEARING Capital Improvement Plan - Administration/Finance
11. PUBLIC HEARING Adopt Assessment Roll Abatement Costs/17700 Tulip Street NW & 1049 Andover
Blvd. NW - Planning.
12. Consider Sketch Plan/Office Development/SW Comer Round Lake Blvd. & 1 57th Avenue NW - Planning
13. Consider Variance/Driveway Setback/13421 Round Lake Boulevard NW (cont.) - Planning
14. Authorize Execution & Delivery of Lease Agreement (Andover Community Center Refinancing)-
Administration
Staff Items
15. Consider Guidelines for Field Usage by Youth Athletic Associations - Engineering
16. Update on Cell Phone Towers in Public Parks - Planning/Engineering
17. Schedule Park & Recreation, Planning and Community Center Commission Interviews - Planning
18. Schedule EDA Meeting - Administration
19. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 15
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 5, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 1
APPROVAL OF MINUTES ...................................................................................................... 1
CONSENT ITEMS
Approve Payment of Claims ................................................................................................ 2
Accept Quit Claim Deed/Lt 1, Blk 1, Sophie's South/Drainage-Utility & Utility
Easement...................................................................................................................... ... 2
Resolution R140-06 accepting Feasibility Report/Waive Public Hearing/Order Plans &
Specifications/05-43/Hanson Boulevard NW Frontage Road ........................................ 2
Approve Change Order #12/Community Center .................................................................2
Consider ApprovaVRaffle Permit/Hunt of a Lifetime, Inc. ................................................. 2
Approve City Administrator Review ................................................................................... 2
PUBLIC HEARING - TRUTH IN T AX.A TION
Motion to open public hearing..............................................................................................2
Motion to close public hearing ............................................................................................. 3
PUBLIC HEARING - CAPITAL IMPROVEMENT PLAN
Motion to open public hearing..............................................................................................3
Motion to close public hearing ............................................................................................. 5
Motion to approve (RES. R14l-06)...................................................................................... 5
CONSIDER V ARIANCE/DRIVEW A Y SETBACKl13421 ROUND LAKE BOULEVARD
NW (CONT)
Motion to deny (RES. R142-06) ........................................................................................... 5
PUBLIC HEARING - ADOPT ASSESSMENT ROLL ABATEMENT COSTS/17700
TULIP STREET NW & 1049 ANDOVER BOULEVARD NW
Motion to open public hearing ..............................................................................................7
Motion to close public hearing ............................................................................................. 7
Motion to approve (RES. R143-06)....................................................................................... 7
CONSIDER SKETCH PLAN/OFFICE DEVELOPMENT/SW CORNER ROUND LAKE
BOULEVARD & l57TH AVENUE NW .............................................................................. 7
AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER
COMMUNITY CENTER REFINANCING)
Motion to approve (RES. R144-06)...................................................................................... 10
SPEED LIMITS IN RURAL AREAS/APPROVE RESOLUTION TO SUPPORT A
CHANGE IN LEGISLATION
Motion to approve (RES. R145-06)......................................................................................10
CONSIDER GUIDELINES FOR FIELD USAGE BY YOUTH ATHLETIC
ASSOCIATIONS
Motion to approve.. .......... ....................... ........ ................ ........................ .................... .......... 10
UPDATE ON CELL PHONE TOWERS IN PUBLIC PARKS ................................................ 12
o Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 16
Regular Andover City Council Meeting Minutes - December 5, 2006
Table of Contents
Page ii
SCHEDULE PARK & RECREATION, PLANNING AND COMMUNITY CENTER
COMMISSION INTERVIEWS ............................................................................................ 13
ADMINISTRATOR REPORT .................................................................................................. 13
MAYOR/COUNCIL INPUT
Community Center Scheduling....... .................. ................. ......... ................. .......... ............... 13
Long Term Lease of the Field House.................................................................................... 13
Council Chamber Sound System .......................................................................................... 14
Rural Area Notification Review ............................................................................~.............. 14
Holiday Wishes..... ....... ........ ........ ................. ....... ...................... ............ ......... .............. ........ 14
ADJOURNMENT...................................................................................................................... 14
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REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 5, 2006
MINUTES
The Regular Bi-Month1y Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, December 5, 2006,7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Counci1members present:
Counci1member absent:
Also present:
Don Jacobson, Mike Knight, Ken Ortte1, Julie Trude
None
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Remove from the Agenda Item 18, (Schedule EDA Meeting). Remove from Consent Items for
discussion Items 5, (Speed Limits in Rural Areas/Approve Resolution to Support a Change in
Legislation).
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF MINUTES
November 21, 2006, Regular Meeting: Correct as written.
Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
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Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 2
CONSENT ITEMS
Item 4
Approval of Claims
Accept Quit Claim DeedlLt 1, Blk 1, Sophie's South/Drainage-Utility & Utility
Easement
Accept Feasibility Report!Waive Public Hearing/Order Plans & Specifications/05-
43IHanson Boulevard NW Frontage Road (See Resolution R140-06)
Approve Change Order #12/Community Center
Consider Approval/Raffle PermitIHunt of a Lifetime, Inc.
Approve City Administrator Review
Item 2
Item 3
Item 6
Item 7
Item 8
Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried
unanimously.
PUBLIC HEARING - TRUTH IN TAXATION
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City Administrator Dickinson stated this year the Andover City Council is required to hold Truth in
Taxation meetings. These meetings give the public the opportunity to comment on the proposed
2007 budget and tax levy.
Mr. Dickinson reviewed the information with the Council.
Motion by Jacobson, Seconded by Orttel, to open the public hearing at 7:15 p.m. Motion carried
unanimously.
Mr. Winslow Holasek, 1059 Andover Boulevard, stated he is responding to this item because he
does not know if people realize it but basically the tax rate capacity is twenty-five percent. If they
took the City portion of the tax, the tax capacity rates are on a half million dollar home. The rate you
use for residential up to the first $500,000 is one percent, which would amount to $5,000. If you
take thirty percent of5,000 they have $1,500, which is what Andover taxes would be. Mr. Holasek
stated for the same home in Andover as they would have in Ramsey, it would cost the people $2,000
in Ramsey for a $500,000 house compared to $1,500 in Andover for the same house. He thinks
Andover has a reasonable tax rate and he did not think they would want to be the lowest because they
would need to cut some services. The City stuck a real good balance between services and taxes. He
congratulated the City Council and staffbecause he thought they did a really good j ob managing the
funds in the City.
Mr. Dickinson submitted into the record a letter from Ms. Darlene Hermie. He stated her concern is
o for seniors within the community because of the property tax increase.
Councilmember Orttel asked if someone could contact Ms. Hermie regarding this because he was
surprised the tax went up forty-seven percent. He wondered ifthis was because of a fire she had and
rebuilt. Mr. Dickinson stated on the home it is primarily related to when the home had the fire. The
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Minutes - December 5, 2006
Page 3
property value went down so there was a correction. As it comes back the property value increases
and that is the primary reason for the increase.
Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:21 p.m. Motion carried
unanimously.
Mayor Gamache stated another concern he thought Ms. Hermie has, is the fact they are all reading
that the State now has a 2.2 billion dollar surplus. The City is in the process of setting their budget
for 2007 and they do not know what the State is going to do in the next session. They do not know
what is going to happen but it will not affect them immediately as they set their budget for 2007
because they have to have it ready as of December 31, 2006.
Mr. Dickinson noted there is no need for a continuation meeting because there are no other
questions.
PUBLIC HEARING - CAPITAL IMPROVEMENT PLAN
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City Administrator Dickinson explained the City Council is requested to hold a Public Hearing to
give the public the opportunity to comment on the proposed 2007-2011 Capital Improvement Plan
(CIP).
Councilmember Orttel stated in the past they discussed showing the net cost of all of these items
instead ofthe retail price but it looks like they are still showing the retail price. Mr. Dickinson stated
the net price is reflected in the fund budgets but on the individual sheets they will be listed as gross
because what they do with the resale value is put them into a fund and use that as an available
revenue source to be able to reduce a bond to pay for the equipment.
Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:27 p.m. Motion carried
unanimously.
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Mr. Joe Dietz, 1318 140th Avenue NW, President of Andover Baseball Association, showed a model
of the building they have proposed to build. He stated when they met with the Park Commission in
October there was discussion on where the money for the project will be used and he was asking the
Council allow more ofthe money to go toward the building instead ofthe lights. He stated they have
donated $70,000 toward the complex and it is his understanding through the Park Commission that it
will be used for the building. They have finalized their 2006 gambling proceeds as of October when
their lease ended at Tanners. They have a couple of gambling requests they will be considering next
Monday at their December Board Meeting and once those requests have been accepted or denied,
they will know exactly if there will be a contribution made for 2006. Their guess right now is
somewhere between an additional twenty to thirty thousand dollars will be donated to the City for
that project. They would like to see that more of the CIP as far as the $385,000 that has been
projected to be used for the Andover Station North project be put toward the building instead ofthe
lights.
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Minutes - December 5, 2006
Page 4
Councilmember Jacobson stated they discussed this at the last worksession and depending on how
the bids come in, they would look at putting some of that money toward the building and to at least
get a functional outside building with maybe restrooms inside. He stated they are not going to
increase the funds there but there is some room in the budget to allocate the money to other areas.
Councilmember Trude stated they decided they need to get the playground equipment done because
of all the families that will be moving into the townhomes and a large part of the money came from
the development. She thought staff understood the Council direction was a place like this really
needed public bathrooms and they knew the efforts the Baseball Association made towards this
project and appreciated his personal endeavors. She thought staff understood that the direction from
the Council was that they wanted to work with the association as close as they can to facilitate
getting as much done on the building and finding a more economical way perhaps to do lighting.
The lighting is the place where they see the fudge factor.
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Mr. Dietz stated they have also put together a marketing committee that is looking at going out to
some of the local businesses and private companies to look at getting donations for the lighting and
they will work with both the Park Commission and Council on any potential opportunities that may
come about with that. They are working strongly on that issue as well.
Councilmember Knight stated they talked a lot about the bathrooms because they do not want to
have port-a-potties with all of the tournaments they are going to have. Mr. Dietz noted their general
contractor has estimated the costs to be about $500,000 for the building if they were to pay one
hundred percent of the costs and labor. He noted their organization is looking at working with some
of the local businesses and members they have in their organization that either have building
backgrounds, contacts in the building area that maybe they can get some of the labor or costs donated
at a reduced fee.
Mayor Gamache stated when they are looking at the lights, they want to make sure the entire conduit
is put in for both fields but they do not have to put up the lights at that time.
Mr. Dietz presented a plaque from the Minnesota Twins to hang in the building when it is finished.
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Mr. Dietz stated at the last board meeting they had a question about looking for naming rights. He
wondered if someone would make a donation could they put their name on the field. He thought this
was something the Council was in favor of exploring and he wanted to make sure they were still ok
with that because part of the marketing team would be looking at that as another avenue to try to
raise some additional funds. Councilmember Knight stated some ball fields sell the light fixture and
they put the name on the structure itself and they may be able to pick up a few that way.
Councilmember Jacobson thought they just passed a way to name parks and streets several months
ago so the association may want to look at that policy. Mayor Gamache stated they also have
something they set up for the Community Center and he was not sure how much that would differ.
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Minutes - December 5, 2006
Page 5
Councilmember Trude stated she would not want to limit this. In this particular case it is not
neighboring any homes. She did not have objections but there are concerns about the type of name.
Councilmember Orttel stated it would also depend on the amount of the contribution given.
Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:40 p.m. Motion carried
unanimously.
Motion by Jacobson, Seconded by Trude, to approve the attached resolution adopting the 2007 -2011
CIP. (RES RI41-06)
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Councilmember Trude asked ifthey could discuss the railroad quiet zones before moving on with the
meeting. Mr. Berkowitz stated they have been working on a railroad quiet zone similar to what
Coon Rapids has implemented. He identified the four crossings that will meet the criteria for the
quiet zone crossings. They found that the Bunker Lake Boulevard and 16151 crossing is a feasible
alternative to create a quiet zone. This would mean the train engineer would not blow the horn and
a median to control the traffic from going around the gates would be installed. At the other
locations, Andover Boulevard and Crosstown, it became evident through the research that it was not
a real feasible option to do that type of quiet zone because the cross arms ofthe gates are too close to
the road. In these locations, they would have to pay the full costs of moving the gates and relocating
them. The costs were in the $400,000 range so the City Council decided to look at other alternatives.
One of the main alternatives is called a way side horn. The horn would be placed right at the
roadway so that when the train comes through it activates the horn and blows it down the corridor,
which prevents noise pollution.
Mr. Berkowitz stated the way they are moving forward for 2007 is to install a way side horn at
Andover Boulevard and Crosstown and then implement a full quiet zone down at Bunker Lake
Boulevard. All those improvements are proposed in the CIP to be done in 2007.
Mayor Gamache indicated the one they are planning on doing on Brmker Lake Boulevard will be like
the one on Hanson in Coon Rapids. Mr. Berkowitz indicated that was correct.
Mr. Berkowitz explained how the way side horn will work.
Motion carried unanimously.
CONSIDER VARIANCEIDRIVEWAY SETBACK/13421 ROUND LAKE BOULEVARD NW
(CONT)
o Community Development Director Neumeister stated this item was previously reviewed at the
November 8th Council meeting. At that time, the Council approved a motion to table this item until a
neighborhood meeting was held.
Mr. Neumeister stated the last concern was that the County removed access from Round Lake
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Minutes - December 5, 2006
Page 6
Boulevard when the road was reconstructed. The last point he wanted to highlight because there was
a supplemental given to them that included information from Mr. Mike Kelly, Chief Right-of- W ay
Agent for Anoka County, and that information states that back at the time the property acquired for
access to Round Lake Boulevard, that the City of Andover wanted to have this lot combined with
parcel 12 to provide a better lot for parcel 12. That was the direction the Council asked the County
to pursue.
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Councilmember Trude stated when she looked at this it was very clear to her that ACCAP was
involved in what was happening at the time of the road expansion so she could not see how that
could be a condition, a hardship ifthey knew exactly the history ofthis property and that it was being
purchased so the house could be removed and that the City wanted it combined to create a bigger
backyard for the duplex to the south so she did not think they cannot see granting a hardship. Mr.
Neumeister stated it was clear that the County did acquire the access at the time so the two parcels
that are shown as subj ect, their access was purchased by the County to Round Lake Boulevard at that
time. Councilmember Trude stated the note from the County said the structure cannot stay and that
ACAP was going to relocate the structure to another site and Andover would like to have this lot
combined with Parcel 12 to provide a better lot for Parcel 12 and then immediately before that the
County disposed of the other lot which could have provided access without diminishing someone's
yard. Mr. Neumeister indicated that was correct. Councilmember Trude thought the problem was
created back then with full disclosure to everybody involved so she could not see how they could
grant a hardship when the parties were fully informed about what was happening, money changed
hands to cover the loss.
Councilmember Jacobson stated he read the comments from the people in the area at the public
meeting and while he did not agree with all of their concerns, he agreed with enough of them and he
thought to allow the variance would create a situation that is not really in character of the
neighborhood as it is right now.
Motion by Jacobson, Seconded by Knight, to deny the variance in reference to the Anoka County
Highway Department 02-609-10, Proposed Property Disposition Plan Round Lake Boulevard.
Mayor Gamache asked if there is anything they need to add in the motion such as the letter
submitted. Councilmember Trude thought this was included in item 2 of the resolution.
Mayor Gamache asked ifthere was any reason why they would put this in theirrecord as a reference.
City Attorney Hawkins thought they could make reference under number two as what is identified as
"Proposed Property Disposition Plan" as a part of the record.
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Councilmember Orttel stated it was his understanding that in 1992 this was purchased and two sewer
stubs were there. He wondered if they assessed the property and ifthey did he thought they would
need to give that back because it would be unbuildable property. Mr. Berkowitz stated what he
found through the building permit was that there was a demolition permit pulled for one structure in
1993 and then there was a sewer disconnect in each file. He was not sure if this has separate sewer
services but he would check on that.
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Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 7
Councilmember Trude thought the best use for the property would be to combine it.
Motion carried unanimously. (RES. RI42-06)
PUBLIC HEARING - ADOPT ASSESSMENT ROLL ABATEMENT COSTS/17700 TULIP
STREET NW & 1049 ANDOVER BOULEVARD NW
Community Development Director Neumeister stated at the November 8, 2006 meeting, the Council
approved the attached resolution calling for a public hearing on assessing abatement costs on the
above properties.
Councilmember Jacobson asked ifthey have done everything they have to do regarding this and they
are clear to assess. City Attorney Hawkins stated they are and the Court has approved the costs they
have incurred in this process and they have a judgment from the court authorizing them to go ahead
with this process.
C Motion by Orttel, Seconded by Jacobson, to open the public hearing at 8:03 p.m. Motion carried
unanimously.
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No one wished to address the Council.
Motion by Jacobson, Seconded by Trude, to close the public hearing at 8:03 p.m. Motion carried
unanimously.
Motion by Orttel, Seconded by Jacobson, to approve the attached resolution pursuant to State Statute
on the assessment of abatement costs to properties located at 17700 Tulip Street Nw and 1049
Andover Boulevard NW. Motion carried unanimously. (RES. R143-06)
CONSIDER SKETCH PLAN/OFFICE DEVELOPMENT/SW CORNER ROUND LAKE
BOULEVARD & 157TH A VENUE NW
Community Development Director Neumeister explained the applicant is seeking direction from the
Council on their idea to construct a rural office development.
Councilmember Orttel asked if this is where the loading dock is located. Mr. Neumeister thought
that was correct.
Councilmember Trude wondered about the parcels around it and what was surrounding this. She
wondered if one of the parcels is landlocked, especially if this is built upon. The property owner
reviewed what was located around this property.
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Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 8
Mayor Gamache stated it seemed to him that having a rural area with office space they would have to
have some type of sewage design made up for these buildings. Councilmember Knight did not think
it would be any different than the school in the area because they have septic also.
The Council discussed access in the area and surrounding properties.
Councilmember Trude stated the only thing she could see fitting into a rural site would be a
corporate campus or headquarters where it is seventy-five percent wooded with grass and
overlooking a pond and the site would be an amenity to whoever is building instead of the trees
being in the way. The only thing she could see as far as commercial would be something that would
work with nature instead of getting rid of it.
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Councilmember Jacobson stated in watching the Planning Commission meeting, the applicant did
indicate they wanted to save as many trees as they could. The back part ofthe lot does not have a lot
of trees but the plot plan shows everything up in front where all the trees are and they will eliminate
basically every tree there to do what they need to do. He has a concern with this. He thought the lot
was larger than it is; he thought it was six acres and not three acres. The County will require some
turn lanes on l5ih to get into the development and that is not cheap.
Ms. Sue Wagenstein, 5045 229th Avenue NW, St. Francis, stated she and her partner, Steve Haag,
own a real estate development company in the Minneapolis area.
Ms. Wagenstein made a presentation to the Council.
Councilmember Knight asked what type of clients they are looking for. Ms. Wagenstein indicated
they would look for professional services and it would be broken down into two or three offices per
building depending on the size.
Councilmember Jacobson stated he was looking at the dimensions on l5ih which indicates about
440 feet on the length and he thought the County had a five hundred foot rule. Mr. Berkowitz stated
once l57th is reconstructed, there would be a median throughout that location which would limit that
access to a right-in, right-out. They may want to up front limit that to right-in, right-out.
Councilmember Jacobson did not think the parcel was large enough to do what they want to do on it.
He would also want to have a neighborhood meeting to see what the residents thought about having
a commercial business come into the area.
Councilmember Knight thought they are looking at a horrendous expense for water and other
improvements.
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Mr. Steve Haag, 4765 Chandler Road, Shoreview, MN, reviewed fire suppression systems they have
already discussed and reviewed. He stated they could provide a reservoir under the building or a
centralized tank with a pressured system throughout the area. What they try to do in laying out the
site is place the parking lot where the trees are not and then because this is a sketch plan, they have
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Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 9
the opportunity to move the buildings around and relocate them because the reason they selected this
comer is because it is beautiful. They want this to be a collaborate effort; working together to do
something significant at this comer that without a doubt is very difficult to develop. They have
talked to the County and are aware of their requirements. They have talked to the neighbors and he
thought working together as a group and as a community and as they become part of the committee
he thought they could do something that is well thought out and planned and can serve all of them
for quite a long time.
Councilmember Knight asked ifthe Rural Reserve develops and sewer comes in would they want to
stay with the system they have or would they move to the sewer. Mr. Haag stated they located the
sanitary treatment center to the front anticipating that if they did extend those services across County
Road 9 to the west, they would be able to tap into them and ifthey made the services available, they
would want to take advantage of them.
Staff discussed future sewer expansion to the area with the Council.
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Councilmember Trude stated as she looked at this area, what concerns her most is that they cannot
just take this one parcel and ignore the parcels surrounding it. It would be really important to her
that if they look at any type of rezoning she would want to look at the general region and see how it
fits and how they can buffer the neighborhood and save trees. She thought this is very dense for this
region. She would not consider four buildings at this time. Maybe they would allow one building
until sewer came to the area then they may consider more buildings.
Mayor Gamache thought one of the things they have to look at is that this comer is going to be a very
likely commercial comer. Depending on when the rural reserve moves through, it will probably
change that comer into a commercial property. He did not know if they were at the right point of
time for this development. The buildings look very attractive and there are a number of trees in the
area that will block the buildings to the residential properties to the south. They will have major
issues with the County on lsih and they better be prepared to have enough money to go with a
median and left turn lane. Otherwise they will only be able to do right-in, right-out.
Councilmember Orttel thought the driveway should be on the property line so the property to the
west will have access because the County will not allow each property to have separate accesses.
One thing he likes about this is contrary to most of their busy intersections in their City, this would
stop this comer from having a fast food or convenience store on the comer and this would be a
forever rural type or quiet use area.
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Councilmember Jacobson stated he is not against what they were trying to do. The details are what
will make or break this and he is concerned about the size of the lot and trying to get four buildings
on it, the loss of the trees, the driveway spacing, turn lanes and the extra right-of-way the County is
going to require along lsih. He thought they really needed to look carefully at that.
AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER
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Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 10
COMMUNITY CENTER REFINANCING)
City Administrator Dickinson stated activity in the current bond market is indicating that there is an
opportunity for the EDA to save some significant long term debt service expense by refinancing the
EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004.
Motion by Jacobson, Seconded by Knight, to approve the attached resolution relating to $6,875,000
Public Facility Lease Revenue Refunding Bonds, Series 2007 (City of Andover Community Center)
and authorizing the execution and delivery of a lease agreement, memorandum of lease and
continuing disclosure undertaking. Motion carried unanimously. (RES. R144-06)
SPEED LIMITS IN RURALAREASIAPPROVE RESOLUTION TO SUPPORT A CHANGE IN
LEGISLATION
City Engineer Berkowitz stated this item is in regard to approving a resolution to support a change in
legislation regarding the speed limits in rural areas.
C Motion by Gamache, Seconded by Knight, to approve the resolution to support a change in
legislation to reduce the current speed limit in rural areas from 55 MPH to 30 MPH. Motion
carried unanimously. (RES. R145-06)
CONSIDER GUIDELINES FOR FIELD USAGE BY YOUTH ATHLETIC ASSOCIATIONS
City Engineer Berkowitz stated this item is in regard to considering the proposed Guidelines for
Field Usage by Youth Athletic Associations as recommended by the Park & Recreation Commission.
Mr. Dan Mas10ski, Andover Park and Recreation Chair, discussed the guidelines with the City
Council. He noted they are not trying to limit any Andover residents. They are trying to provide
space for their residents. They are also trying to protect the City on some things as far as being
additionally insured and making sure their Associations are strong, viable for their community
members.
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Councilmember Trude asked the City Attorney whether the City can create barriers to the use of
public facilities and her concern is with section 2.3. She would want to delete this section. She
wondered if they could limit organized or unorganized groups that contain resident access or give
them lower priority access to facilities because they have not set up a Corporate status as Non-Profit.
City Attorney Hawkins indicated the purpose is to make sure the organizations that are going to
receive the guidelines are not temporary organizations and have spent some time and want to be
permanent organizations in the community and want to obtain the non-profit status because they will
be raising funds. If that is the reason, he thought that is probably legitim~1t~r:li~ not want to
exclude residents but that would indicate to him that if they do attain the ~atus under the
Internal Revenue Code or they do incorporate under the Non-Profit Act of Minnesota that they are
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Minutes - December 5, 2006
Page 11
intending to be here permanently.
Councilmember Knight asked if this would force an organization to incorporate whether they wanted
to or not. City Attorney Hawkins stated it would not. The way he read it, it talks about guidelines
and priorities and those organizations that have taken that step and made them more permanent
organizations because ofthe requirements they have fulfilled are the ones that the policy would give
priority to. Councilmember Knight thought the organization would have to be a SOI(CJ). City
Attorney Hawkins was not sure about that. SOl (c)l3)
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The Council discussed what constituted an organization.
Councilmember Jacobson asked how bad the situation is on the request for field usage versus the
amount of fields they have to offer. Mr. Masloski stated there this is their first situation and it is not
a major situation because they had one organization that gave up one oftheir nights and let another
organization use them.
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Mr. Masloski discussed with the Council different ways the fields can be allocated and how they are
going to allocate them to the different organizations in Andover.
Mr. Terry Pierce, 3281 162nd Lane, stated his son plays for Andover Twin City Blaze. They started
in 2005. He stated in 2005 they had no other alternative than to play for themselves. In 2006 they
asked for fields. They were allocated fields but the association allocated the fields for them, which he
believes, is wrong. He is asking the Council to take a look and find out why the kids are leaving the
association. He thought the Park and Recreation Department was for the Community Youth and not
to dictate what kids can and can't do and that is what he sees. He would like to leave it open that is a
concern the way they were treated by this association. He will not let an association dictate where
they can or cannot play. He thought this was wrong.
Councilmember Trude asked ifMr. Pierce was told his kids could not play with the other association
at this point. Mr. Pierce stated they have been told, not that they can't, but there were stipulations.
One stipulation for their kids to voice their opinion was to write an apology letter, the kids
themselves and the parents to the board for what they believe in and he will not do that and did not
believe that was right.
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Mr. Pierce stated there are good reasons people break off from associations and they have that right.
He did not want to see associations dictate fields to the taxpayers that helped pay for the fields. He
stated it is two seasons later and the kids are still being picked on. He asked for all ofthe Council to
look at March 16,2006 minutes where the association president stated to the Park Commission that
he would recommend not to see the Blaze kids ever step on a field at Andover Station North. He
thought this was wrong. He wanted to make it known that his kid still needs to play baseball and
have options.
Councilmember Jacobson stated looking at the guidelines as presented, the determination on who
plays where and on what field is up to the Park Commission. He wondered ifMr. Pierce had any
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problems with the guidelines. Mr. Pierce stated they will not get the 50l(C3) unless they are
recognized by the Federal Government first so they would need to be a corporation and all the kids
want to.do is play ball; he does not want to be a corporation. Councilmember Trude thought it
would also be an equivalent to a non-profit organization too.
Mr. Pierce believed it was wrong to be allocated fields last year by the association.
Mr. Brent Wilkie, 16933 Tulip Street, President of the Andover LaCrosse Association, stated he
agreed with most of the things in the guidelines but his only problem is with the documents on the
fifty-one percent with trying to enforce that and make that calculation work. He thought they were
trying to work through that calculation with the Board but no one has sat down with him to show him
how the calculations would work. They help out with other communities because they are the only
LaCrosse Association in the area so he did not know how they would reach the fifty-one percent.
Mr. Masloski stated Andover Blaze Baseball was invited to the meetings and they had great input in
the guidelines.
Councilmember Jacobson asked how the grievance process worked in the guidelines. Mr. Masloski
explained how the process would work.
Motion by Orttel, Seconded by Jacobson, to approve the Guidelines for Field Usage by Youth
Athletic Associations as amended and to come back within one year to discuss how it is working out.
Motion carried 4 ayes, 1 nay (Trude).
The City Council recessed at 9:40 p.m.
The City Council reconvened at 9:45 p.m.
UPDATE ON CELL PHONE TOWERS IN PUBLIC PARKS
City Engineer Berkowitz updated the City Council on cell phone towers in public parks.
The staff discussed with the Council obstacles they have with allowing cell phone towers in
public parks ifit is part ofa subdivision. No towers would be allowed in the MUSA area in
parks. A park has to have ten acres to allow a cell tower there.
After discussion, it was determined that based on the current code cell phone towers could not be
placed in public parks in Andover. Council directed staff to look at updating the code to help
provide towers in reasonable locations with the city.
SCHEDULE PARK & RECREATION, PLANNING AND COMMUNITY CENTER
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COMMISSION INTERVIEWS
The Council is asked to schedule a night to interview residents who have indicated they are
willing to serve on the Park and Recreation Commission, Community Center Advisory
Commission or Planning Commission. Three vacancies exist on the Park and Recreation
Commission, two vacancies exist on the Planning Commission and one will exist for the
Community Center Advisory Commission. A December 8th deadline for applications was
advertised in the November/December City newsletter.
Councilmember Trude suggested they contact the people from last year and see who wants to be
considered. Mr. Neumeister indicated he could get the Council the list.
Councilmember Trude wondered if they need a business representative at the Community Center.
Mr. Dickinson stated they do. Councilmember Trude thought they should have staff contact
some of the business people in the community that may be appropriate and put them on a list for
consideration.
The Council thought they should extend the deadline to allow more applications to be submitted.
Motion by Jacobson, Seconded by Knight, to schedule interviews on Thursday, January 11,
2007. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on Administration and City department
activities, meeting reminders and miscellaneous projects.
MA YOR/COUNClL INPUT
(Community Center Scheduling) - Councilmember Trude asked at the Community Center, what the
schedule is for after school. Mr. Dickinson stated they are working on scheduling alternate days at
this time. Councilmember Trude thought alternate days made sense because kids like to know what
their schedule will be each week.
(Long Term Lease of the Field House) - Mayor Gamache stated he was approached by the Andover
Athletic Association regarding their basketball program and they wanted to know if the City would
be interested in a long term arrangement for renting out the field house. They realize it has been
booked up this year. They are willing to pay and guarantee a certain amount of gym space they
would rent on a yearly basis for up to five years. He asked how this would work. Mr. Dickinson
explained how they would go about renting out space.
(Council Chamber Sound System) - Councilmember Jacobson asked staffto have QCTV come in to
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look at their sound system to improve the acoustics and improve the system.
(Rural Area Notification Review) - Councilmember Jacobson stated another issue that came up while
watching the Planning and Zoning Commission meeting was the notification process they have and
to have it reviewed for the rural areas.
(Holiday Wishes) - Councilmember Jacobson wished everyone a Merry Christmas.
Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting
adjourned at 10:15 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary