HomeMy WebLinkAboutCC October 2, 2007
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, October 2, 2007
Call to Order - 7 :00 p.m.
Pledge of Allegiance
Resident Forum
Badge Presentations - Fire Department
Agenda Approval
1. Approval of Minutes (9/18/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Declare Cost/Order Assessment Roll/07 -2/2007 Overlays - Engineering
4. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Rolll07-27/14124 Crosstown
Boulevard NW /SS & WM - Engineering
0 5. Receive Assessment Roll/Order Public Hearing/05-11/Tulip Street NW - Engineering
6. Receive Assessment Roll/Order Public Hearing/06-20AlMeadow Creek Christian School Turn Lane
Improvements - Engineering
7. Approve Resolution Amending Joint Powers Agreement/Creation of Lower Rum River WMO & Ratifying
the Act Thereof - Engineering
8. Approve Amendment/Joint & Cooperative Agreement for the Establishment of the Lower Rum River
WMO to Plan Control & Provide for the Development of the Lower Rum River WMO - Engineering
9. Extension of Liquor License to Include Patio/Tanners Station, Cont. - Clerk
10. Approve Sketch Plan Application - Planning
11. Approve Amendment to City Code 9-1/Adopt Chapter 1306 (Option 2) - Building
12. Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2007 Delinquent Utility Service
Charges, Mowing Fees and False Alarm Fines - Finance
Discussion Items
13. Hold Public Hearing/Adopt Assessment Roll/06-37//161 st Avenue NW & Crane Street NW/Intersection
Improvements - Engineering
14. Consider Preliminary PlatIWoodland HillslWard Lake Drive NW (continued) - Planning
15. Consider Lot Split/321O Bunker Lake Blvd. NWIRiverdale Assembly of God - Planning
16. Consider Conditional Use Permit/Outdoor Storage/3118 - 162nd Lane NW - Planning
17. Consider Agreement with Anoka Conservation District for Natural Resource Inventory - Planning
18. Consider No Parking/148th Lane NW/Prairie Knoll Park/03-1 - Engineering
Staff Items
19. Update of Park Comprehensive Plan - Planning
0 20. Schedule EDA Meeting - Administration
21. Administrator's Report - Administration
Mayor/Council Input
Adjournment
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 15
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 2,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
BADGE PRESENTATIONS -FIRE DEPARTMENT ............................................................. 1
AGENDA APPROV AL............................................................................................................. I
APPROVAL OF MINUTES ......................................................................................................2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................2
Resolution R132-07 declaring Cost/Order Assessment Roll/07-2/2007 Overlays ............. 2
Resolution R133-07 receiving Assessment Roll/W aive Public Hearing/Adopt Assessment
Roll/07-27/14124 Crosstown Boulevard NW/SS & WM..............................,................ 2
Resolution R134-07 receiving Assessment Roll/Order Public Hearing/05-11/Tulip Street NW2
Resolution R135-07 receiving Assessment Roll/Order Public Hearing/06-20A/Meadow
Creek Christian School Turn Lane Improvements.......................................................... 2
Resolution R136-07 approving Resolution Amending Joint Powers Agreement/Creation of
0 Lower Rum River WMO & Ratifying the Act Thereof.................................................. 2
Approve Amendment/Joint & Cooperative Agreement for the Establishment of the Lower Rum
River WMO to Plan Control & Provide for the Development of the Lower Rum River
WMO ..............................................................................................................................2
Approve Sketch Plan Application ....................................................................................... 2
Approve Amendment to City Code 9-l/Adopt Chapter 1306 (Option 2) (Ord. 356).......... 2
Resolution R137-07 declaring Costs, Order Assessment Roll and Schedule Public Hearing for
2007 Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines........... 2
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/06-37/161 ST AVENUE NW &
CRANE STREET NW/INTERSECTION IMPROVEMENTS
Motion to approve (Res. R138 & R139)............................................................................... 3
CONSIDER NO P ARKING/148 111 LANE NW /PRAIRIE KNOLL P ARKI03-1 ..................... 3
CONSIDER PRELIMINARY PLAT/WOODLAND HILLS/W ARD LAKE DRIVE NW
Motion to table...................................................................................................................... 7
CONSIDER LOT SPLIT/3210 BUNKER LAKE BLVD NW/RIVERDALE ASSEMBLY OF
GOD
Motion to approve (Res. R140-07) .......................................................................................8
CONSIDER CONDITIONAL USE PERMIT/OUTDOOR STORAGE/3119-162ND LANE NW
Motion to approve (Res. RI41-07) ....................................................................................... 10
CONSIDER PRELIMINARY PLA T/WOODLAND HILLS/W ARD LAKE DRIVE NW
(CONT.)
0 Motion to approve (Res. RI42-07) ....................................................................................... 11
CONSIDER AGREEMENT WITH ANOKA CONSERVATION DISTRICT FOR NATURAL
RESOURCE INVENTORY
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 16
Regular Andover City Council Meeting Minutes - October 2, 2007
Table of Contents
Page ii
Motion to approve ............................ ...................... .................................. .... ......................... 11
EXTENSION OF LIQUOR LICENSE TO INCLUDE PATIO/TANNERS STATION, CONT
Motion to approve ........ .......... ............ ...................... .... .................................... .... ........... ...... 12
UPDATE OF PARK COMPREHENSIVE PLAN .................................................................... 12
SCHEDULE EDA MEETING ................................................................................................... 14
ADMINISTRATOR REPOR T .................................................................................................. 14
MAYOR/COUNCIL INPUT
Woodland Development Letter ............................................................................................. 14
Community Center Vehicle .................................................................................................. 15
League of MN Cities ...................... ...... ............... ......................... ..................... .................... 15
Status of Anoka County Board Railroad Authority .............................................................. 15
ADJOURNMENT...................................................................................................................... 15
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REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 2, 2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, October 2,2007,7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Ken Orttel, Julie Trude
Councilmember absent: Mike Knight
Also present: City Attorney, Scott Baumgartner
Director of Public Works/City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
0 PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
BADGE PRESENTATIONS - FIRE DEPARTMENT
Chief Winkel introduced the newest members of the Fire Department. Mayor Gamache assisted with
badge presentation.
AGENDA APPROVAL
Remove from Consent Items for discussion Item 9, (Extension of Liquor License to Include
Patio/Tanners Station, Cont.); and move Item 18, (Consider No Parking/148th Lane NW/Prairie
Knoll Park/03-1) before Item 14.
Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried
0 unanimously.
APPROVAL OF MINUTES
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 2
September 18, 2007, Regular Meeting: Correct as amended.
Councilmember Trude stated on page 4, line 26 the sentence at the end needs a couple words at the
end to have it make sense. The sentence should read "He thought it was better to keep it broad".
Page 5, line 1 the sentence should read".. . and he indicated they will probably leave the garbage in
the back of the store inside and bring i! over a to an off site dumpster when needed." She stated on
page 12, line 31 she spoke, not the Mayor.
Councilmember Jacobson stated on page 9, line 40 both changes should be changed to electronic
fence, not electric fence. Councilmember Trude thought all statements made about the invisible dog
fence should be changed to "electronic fence".
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
0 Item 2 Approval of Claims
Item 3 Declare Cost/Order Assessment Roll/07 -2/2007 Overlays (See Resolution R132-07)
Item 4 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-
27/14124 Crosstown Boulevard NW/SS & WM (See Resolution RI33-07)
Item 5 Receive Assessment Roll/Order Public Hearing/05-11/Tulip Street NW (See
Resolution R134-07)
Item 6 Receive Assessment RoWOrder Public Hearing/06-20AlMeadow Creek Christian
School Turn Lane Improvements (See Resolution R135-07)
Item 7 Approve Resolution Amending Joint Powers Agreement/Creation of Lower Rum
River WMO & Ratifying the Act Thereof (See Resolution R136-07)
Item 8 Approve Amendment/Joint & Cooperative Agreement for the Establishment of the
Lower Rum River WMO to Plan Control & Provide for the Development of the
Lower Rum River WMO
Item 10 Approve Sketch Plan Application
Item 11 Approve Amendment to City Code 9-l/Adopt Chapter 1306 (Option 2) (Ord. No.
356)
Item 12 Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2007
Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines (See
Resolution R137-07)
0 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 3
HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV06-27/161sT AVENUE NW &
CRANE STREET NW/INTERSECTION IMPROVEMENTS
The City Council is requested to hold a public hearing and approve the resolutions adopting the
assessment roll for intersection improvements for 161 st Avenue NW & Crane Street NW, Project 06-
37.
Motion by Trude, Seconded by Jacobson, to open the public hearing at 7:15 p.m. Motion carried
unanimously.
Mr. Keith Rischer, 16157 Hanson Boulevard NW, requested to have the option available to defer the
assessments until they decide to develop. Councilmember Jacobson stated the resolution does defer
the assessment until 2017.
Mr. Berkowitz stated the White Pine Wilderness Development would not be deferred. There is a
resolution in the packet that has the assessment for that property. The second resolution has the
deferred assessment for both the Olmscheid and Rischer properties.
0 Councilmember Trude wondered how the deferment would operate for the property owners. Mr.
Berkowitz stated there are a few options listed on the deferred assessment resolution. He listed the
options.
Councilmember Trude noted there is a letter from the Olmscheid's requesting the deferred
assessment also.
Motion by Jacobson, Seconded by Orttel, to close the public hearing at 7:18 p.m. Motion carried
unanimously. (Res. R138-07 & 139-07)
Motion by Jacobson, Seconded by Trude, to approve the two resolutions adopting the assessment roll
for intersection improvements at 161st Avenue NW & Crane Street NW, Project 06-37. Motion
carried unanimously.
CONSIDER NO PARKING/148TH LANE NW/PRAIRIE KNOLL PARK/03-1
This item is in regard to approving a resolution designating no parking on both sides of the street
along a section of 148th Lane NW west of Prairie Road NW, Project 03-1.
0 Mr. Berkowitz reviewed the staff report with the Council.
Councilmember Trude thought the assumption was that there is adequate parking and the aerial
indicates both the north and south parking lots to be full along with parking on the neighborhood
streets and along a very busy road. Mr. Dickinson stated that is correct. He indicated where
parking is currently allowed in the area.
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 4
Councilrnember Jacobson stated during their discussions with Northern Natural Gas, they were
talking about adding some parking for them at the park. Mr. Berkowitz stated they discussed this
with the purchase price of the land to utilize some of the dollars to expand parking in the north
parking lot.
Mayor Gamache stated in the photo dated 8/25/07 it looks like there is a parking lot to the west
of the Northern Natural Gas facilities and cars are parked in there. Mr. Berkowitz stated that is
correct.
Mayor Gamache asked if someone from the Association could address the Council as to whether
the parking areas are being fully utilized. Ms. Twila Hauck, Board Member, stated the photo that
was taken was done on picture day at the park and they did point out the north parking lot
because most people do not know that it is there.
Councilrnember Trude noted the Council received the petition from the neighbors by the park.
The petition shows the two homes with the 600 addresses would like parking banned and the two
0 with the 700 addresses would not like parking banned and those are the people most directly
affected. She noted the one around the corner would also like the parking banned along with the
home next to the park. She stated there are several other letters in the packet also.
Ms. Paula Linehan, 665 148th Lane, stated their home is directly across the street from the park.
She indicated they submitted photos showing the parking issues at the park and surrounding
neighborhood. She thought more "no parking signs" should be posted by the City so people park
in the parking lots only. The neighbors feel it is unsafe to live there with all the parking on the
roads and ditches and turning around. She believes people will continue to park along Prairie
Road and 146th Lane because it is closer to their fields. They further felt that any group using the
park should adhere to the parking capacity of the park when holding an event. They feel the
parking will only get worse with the increased park usage.
Councilrnember Trude thought it seemed like all of this was because of the picture day. Ms.
Linehan stated it was other days that they have had problems. They have seen problems mostly
when there are large events at the park. It is not only the Football Association but other groups
and associations that use the park.
Mr. & Mrs. Vidervol, 725 148th Lane NW, stated they are opposed to having no parking signs on
their street because these are public roads and the public should be able to park on them. They
felt that parking on Prairie Road becomes a hazard and an accident waiting to happen with the
0 high traffic and speeds.
Councilrnember Jacobson asked if there is parking on both sides, is there enough room for
emergency vehicles to get through. Chief Winkel stated there could be an issue because the
roads are not that wide and there could be a problem with getting some of the vehicles through
with parking on both sides of the street.
Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 5
Councilmember Trude asked how this affects them living in their home if they have a parking
ban. Mrs. Vidervo1 stated it would be a problem and a hardship for them and the other neighbor
opposing this. She stated they entertain frequently and her father is handicapped and it would be
hard for him to walk from the park parking lot to their home. They have only had two problems
in the past with this.
Ms. Hauck stated she talked to the president of the association about having pictures taken at
other locations or having multiple days for pictures. They also discussed having twenty minute
breaks between games during the jamboree so they would have six teams there at one time as
opposed to having all the teams at the site at once which would help alleviate all of the stress on
the out lying streets. One of the greatest concerns is if "no parking signs" are allowed at this
park, what will happen at other parks in the City. She stated they do not have enough parking
and it will always be a problem with all of the associations. This happens a couple times a year
and is not a problem everyday. A lot of people park on Prairie Road and it is not a safe place to
park. She stated their other option is to use the streets. The president and she discussed if the
City really wants to put a parking restriction on the street, removing it from one side of the street
0 and allowing parking on one side and the same thing with the south side of Prairie Knoll.
Mayor Gamache wondered what the options are to extend the parking lot on the north side to the
east. Mr. Berkowitz stated they could extend the parking and this has been discussed. He stated
that extending that to the south may make sense because it is his understanding the field was not
used much. Ms. Hauck indicated that field was used a lot for soccer but there is a pretty good
size hill there too going up to that field and they could bring it out ten more feet and not lose the
use of the field. Mr. Berkowitz stated they could try to create a center in the parking lot so two
more vehicles could fit in there. Expanding that may take a small retaining wall and some
sloping in there. He stated they could look at that but he preferred to go to the east first and look
at the option to the south.
Councilmember Orttel thought they should see what Engineering can do for them to extend the
parking area Councilmember Trude stated what she has seen is that people who park in the
ditches think it is ok because it is allowed at the high school and then they park in the ditches at
the parks and get tickets. She wondered if they could allow parking in the ditches for the large
events.
Councilmember Jacobson stated because nothing is scheduled for the rest of this year he
wondered if they could have staff see what could be done with extending the parking and for
them to not take any action at this time. He noted they do have funds coming in from the
0 pipeline project which could be used for the parking expansion.
Councilmember Orttel wondered if they could have a parking official at the large events directing
traffic. Councilmember Trude thought they need to have some consistency within the City
regarding parking in ditches at parks and the high school.
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 6
Mayor Gamache stated if they allow "no parking" signs on this street he did not know where they
would stop putting them up in neighborhoods around parks because they all seem to have some
sort of parking issues at the other parks.
Ms. Hauck stated she talked to the president of the Soccer Association and it was agreed this will
become a bigger problem as the associations grow. They can call the Sheriff's Department in
advance notifying them of their events and indicated they have painted parking areas which the
Council allowed them to do.
Councilmember Jacobson asked staff if they could go out to the park and see if they could look at
the east side of the park to see if the area is suitable for parking. Mr. Berkowitz stated they can
take all of that into consideration and will come back with some ideas.
Mr. Marty Heilman stated he lives across from the park and discussed this issue with staff. He
has five and a half acres with a lot of frontage and a sprinkler system along the boulevard.
People drive in the ditch to turn around and ruin his sprinklers and he thought something needs to
be done.
0 Mr. Dan Lieden, 765 148th Lane, stated he used to coach in Blaine and if everyone wanted no
parking signs in front of their homes where parks are, there would not be any place for people to
park. He did not understand the thinking of the people who want the "no parking" signs because
kids are staying out of trouble by playing organized sports. He did not want to have to call the
City to see if people could park on his street if he wants a party after an event.
Mayor Gamache thanked everyone for speaking and being concerned and he thought they would
work with staff on trying to solve this issue with additional parking. He noted this happens at all
of their parks in the City. He reminded the associations that use the parks that they have a duty to
inform their association of where to park.
CONSIDER PRELIMINARY PLAT/WOODLAND mLLS/WARD LAKE DRIVE NW
(CONTINUED)
This item continues the discussion from the September 18, 2007 Council meeting.
Mr. Neumeister reviewed the information with the Council.
Councilmember Jacobson asked if the property owner to the south still wished to proceed because he
anticipated three developable lots and two are buildable. Mr. Kuiken stated he just found this out
0 and could not make that decision at this time. He was to provide information to the City and City
Council that they have buildable lots there and it turns out they have three. He was doing what he
was asked to do and he is providing that information.
Councilmember Jacobson asked if staff informed Mr. Kuiken that code only allows two lots. Mr.
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 7
Kuiken stated they did not. Councilmember Orttel stated the whole issue at the last meeting was if
they could get two buildable lots which would justify putting the road in. If there was enough
frontage for three lots they could put in three but three lots could not be put on a cul-de-sac so they
may have to extend the road.
Mr. Kuiken stated he had the engineer provide the information to the City which shows it fits. Mr.
Berkowitz indicated the basis of this was to determine ifhe had more than one buildable lot which he
has proved. It was not an official submittal through a sketch plan or plat review. The bottom line is
that two lots minimum can be achieved there. Ordinance states two maximum on a cul-de-sac in a
rural area He does meet the intent and requirement to have the developer extend the road to his
parcel to serve that.
Mr. Kuiken indicated they want to move ahead on this.
Councilmember Jacobson: stated in the resolution on the fifth whereas, second line, he thought there
should be a period after 2B and the rest of the sentence should be deleted. The Council agreed.
0 Councilmember Jacobson asked if they had a road extension to the north and this one going to the
south, and there is no intention of keeping the cul-de-sac in the future, why do they require a turn
around and a cul-de-sac there when they could put the roads in and not even plow them because they
will not be using them until the property to the north or south develops. He stated for fire service
they can still get in on the main road and it should not be a problem. Mr. Berkowitz stated there is a
requirement on a stub street length of 150 feet and if that length is exceeded, it is required to have a
temporary cul-de-sac. He stated one reason is for fire protection and the second reason is for snow
plowing and maintenance. It is an adequate turn around and they do allow them to be smaller than
the standard size cul-de-sac because it is treated as temporary.
Mr. Berkowitz reviewed with the Council the reason for the temporary cul-de-sac.
Councilmember Trude stated as she looked at Ward Lake Drive it would be nice to have it
constructed to the entrance of the development and they went from $15,000 up to $30,000 and if they
had both sides constructed up to the entrance that would make more sense. The proportionate share
was $10,000 but they really want to see access to this project and to do both sides of the road would
be in excess of$1 0,000 but by the time they get to $30,000, it seems excessive for this many lots. If
they stopped at the pink line or just past it on the map, the people coming to the new street would
have pavementto their new street but not east of it. Instead of taking itto the end of the property line
to the east, it would stop and maybe the cost would be closer to $20,000 or $25,000 rather than
$30,000 because it seems pretty unlikely they will need pavement to the east because it is all sod
farms and low lands.
0 Mr. Berkowitz stated the thought was that Ward Lake would be further improved when further
development would occur to the south and east.
Mayor Gamache stated he could live with doing the $10,224. Councilmember Orttel agreed.
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 8
Councilmember Trude stated if the developer agrees to pave the road to the entrance to his project
then they get rid of the half culvert costs. Councilmember Orttel stated he would be willing to go
along with that. The developer agreed with what was said.
Mr. Berkowitz showed the Council on the map what area the developer would pave.
The Council discussed the issues with staff related to future development of the roads and
development.
Councilmember Trude thought they should table this item to later in the evening in order to allow
staff to work on the rewording of the resolution for Council approval.
Motion by Ortte1, Seconded by Trude, to table this item to later in the meeting. Motion carried
unanimously.
0 CONSIDER LOT SPLITI3210 BUNKER LAKE BLVD. NWIRIVERDALEASSEMBLYOFGOD
The pastor of the Riverdale Assembly of God Church has applied to split the church's lot into two
parcels. The new lot will be used for Bunker Hills Academy, which currently operates inside the
church.
Mr. Neumeister discussed the staff report with the Council.
Motion by Jacobson, Seconded by Trude, to approve the lot split with one change in the Resolution
which talks about the park dedication fees. It should be changed to read "Whereas the City Council
has reviewed the request to waive the park fee and determined park facilities are on site, accessible to
the public and the benefit provided is greater than the park fee".
Councilmember Jacobson stated no park dedication fees shall be levied because the Council and
Planning and Zoning Commission find no additional burden would be levied on the City's park
system because of the split. Establishment of a private recreational facility such as this would be an
asset to the community.
Councilmember Orttel wondered if the same would hold true for the MVP Baseball Academy at the
industrial park because they will not create any additional park use.
Councilmember Trude wondered if the playground area would be open for public use. Pastor Larry
0 Hale, 3210 Bunker Lake Boulevard, and Larry Peterson, Administrator of Bunker Hills Academy
stated the park would remain open.
Councilmember Trude stated because this would remain open they are providing facilities that would
not be limited to just their use. Councilmember Jacobson stated this is also a non-profit
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 9
organization. Councilmember Orttel indicated this would not matter with the ordinance.
Councilmember Orttel wondered if park dedication was paid when the original property was
developed. Mr. Neumeister indicated this was never platted; this is metes and bounds description
land. To substantiate the waiving of the fees, there should be a rationale given so they are not
opening themselves up to others wanting to do the same.
Councilmember Orttel did not think non-profit was a good enough reason for the fee to be waived.
He thought it needs to be more closely worded.
Councilmember Trude stated the reason could be they determined park facilities are on the site and
accessible to the public and remain open. Councilmember Jacobson indicated he would go along
with that and this would not be an additional burden on the park system and that was the main
reason. This is not new and they have done this for almost every church and school in the area
City Attorney Baumgartner stated this could fit into any scenario for anyone coming in and he
wondered if in the future that would be a sufficient enough reason. He thought they need to be a
0 little more specific because any company could come in and put park equipment on their site and
want to be exempt from paying park dedication fees.
Mr. Neumeister stated on page nine, they copied the Section pertaining to Lot Splits, Section 13-1-
5B, the may in the second to the last line is the critical word and is not saying shall, which is in the
subdivision ordinance. The lot split ordinance is not permissive. He thought it was good precedent
to put reasoning behind it so not everyone could come through and ask for it.
Councilmember Trude thought the precedent may be that churches and schools are not seen as a
drain on the public. Councilmember Orttel thought they could say that the overall benefit they
provide to the community is greater than the fee and that there is a public benefit to having their type
of activity in the City that would outweigh the need.
Mr. Dickinson stated they could identifY that the benefit provided is greater than the benefit of the
payment.
Mr. Neumeister stated there is also the trail fee and he wondered if they want to broaden the motion
to include the trail fee also. The Council did not think they wanted to do this. Councilmember
Trude thought there would be a lot of children walking to school and would add to the need for a
trail fee payment.
Pastor Hale reviewed the plans for the school with the Council.
0 Motion carried unanimously. (Res. RI40-07)
CONSIDER CONDITIONAL USE PERMIT/OUTDOOR STORAGE/3118 -16:zND LANE NW
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 10
The applicant is seeking a conditional use permit to allow for outdoor storage on their property. This
would allow a roll-off dumpster business that has been on the site since 2005 to remain in operation.
Councilmember Jacobson asked on item 1 of the Resolution if all those things need to be done
before he can actually store the containers on the site or is there a time limit on that. Mr. Neumeister
stated the business is in operation and they would probably ask that a performance bond be posted to
guarantee some of these things. He stated a letter of credit with a six month time limit to assure the
work would get done would be acceptable. He thought a deadline of July 1, 2008 could be added to
the resolution with a letter of credit to make sure the improvements are done.
Mr. Dickinson suggested adding point 8 posting a sufficient letter of credit to assure development
and site improvements are completed by July 1,2008.
Councilmember Trude wondered why they would need a letter of credit when they could just repeal
the CUP if the improvements are not done by then. Mr. Dickinson stated they could do that instead.
0 Motion by Trude, Seconded by Ortte1, to approve the proposed Conditional Use Permit subjectto the
conditions in the attached resolution adding item 8 that the improvements will be completed by July
1,2008. Motion carried unanimously. (Res. R141-07)
CONSIDER PRELIMINARY PLAT/WOODLAND HILLS/WARD LAKE DRIVE NW
(CONTINUED FROM EARLIER IN THE MEETING)
Mr. Berkowitz stated staffhas come up with the following language that will be in the resolution:
8. The applicant shall pay the total cost of road improvements to Ward Lake Drive from the
existing pavement through the 174th Lane intersection. A reimbursement agreement shall
be entered into between the developer and the City to refund the developer for 2/7th of the
Ward Lake Drive improvements when the property to the south east develops.
Mr. Berkowitz noted item 5 in the resolution would be eliminated and new item 8 would be
renumbered to item 7 and the rest would be eliminated.
Councilmember Trude stated she had a question about the sentence regarding who would refund
the developer. Mr. Dickinson indicated the City would refund the money. Mr. Berkowitz stated
what will happen is when the person who owns the property at that time comes in to develop, as
part of that plat, they are going to require them to put up 2/7th of that cost and the City will
0 collect the money from that developer and then reimburse Select Companies for that.
Councilmember Jacobson asked if the amount will be escalated. Mr. Berkowitz stated it will be.
Mr. Dickinson stated that will be identified in the reimbursement agreement.
C Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 11
It was noted that the neighbor to the north has been notified of all of the meetings.
Motion by Orttel, Seconded by Trude, to approve the proposed plat and to modify the attached
resolution as necessary. Motion carried unarrimously. (Res. RI42-07)
CONSIDER AGREEMENT WITH ANOKA CONSERVATION DISTRICT FOR NATURAL
RESOURCE INVENTORY
The Open Space Advisory Commission recommends that the Council approve an agreement with the
Anoka Conservation District (ACD). The purpose of the agreement would be to define the scope of
work and compensation for work to complete a natural resource inventory for the City.
Councilmember Jacobson wondered where the money would come from to do that. Mr.
Dickinson stated they have a portion set aside within the Council's budget but if they did not they
would utilize General Fund Contingency dollars.
0 Motion by Orttel, Seconded by Trude, to approve the attached agreement. Motion carried
unarrimously.
EXTENSION OF LIQUOR LICENSE TO INCLUDE PATIO/TANNERS STATION, CONT.
Council requested that this item be discussed at the September 25, 2007 workshop and be brought to
the October 2, 2007 Council meeting.
Mr. Dickinson showed the proposed area on the site map where the new patio would be placed.
Councilmember Trude asked for a description of the fence. Mr. Dickinson stated this will be
aluminum, ornamental fence. He stated it will be slated with open areas and will be around four
feet high. Councilmember Trude stated they want to have a condition on the patio license that
the eating area will have a fence and what kind it will be. She wondered if there will be any
landscaping. Mr. Dickinson stated they are not anticipating any additional landscaping in this
area because it is all cement with parking area next to it.
Councilmember Trude stated her only desire would be in the seasons when there is good weather
that they do have some plants along the side adjacent to Martin Street to soften the impact. Mr.
Dickinson stated they will be creating a new sidewalk that will go around the area
CounciImember Trude stated she liked that and thought they may want to condition that on the
0 licenses for the areas shown on the drawing with a fence that is an attractive well maintained
material. Mr. Dickinson stated this would fall under the maintenance ordinance they have for
fences.
Motion by Trude, Seconded by Ortte1, to approve an extension to Tanners Station's liquor
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 12
license to include a fenced outdoor patio as indicated on the drawings provided and reviewed by
the Building Department on July 6, 2007 with the understanding that any noise emanating from
that business will not interfere with any activities at adjacent businesses or neighborhoods.
Motion carried unanimously.
UPDATE OF PARK COMPREHENSIVE PLAN
At the joint Park Commission/City Council meeting on September 20, 2007 there was some
discussion that occurred related to a certain section of the Park Dedication Fee Study that will need
to be further discussed and/or clarified with the Council.
Mr. Neumeister reviewed the Park Comprehensive Plan with the Council.
Mayor Gamache thought there was a third option above and beyond raising taxes and a park
referendum. This option is that they would trim back their goals of the parks. They have
increased the park dedication fee each year based on inflation. He asked what the fee would go
0 up to in 2008. Mr. Dickinson thought it would be between 3% and 5.5%.
Mr. Neumeister stated that part of the reason the number is larger is because there has been
around two million dollars added since the last time the park fee study was done because of the
community play field that was decided should be added. He stated this does not include the
Rural Reserve because the theory is that it will take care of itself when development occurs. He
stated that development is so uncertain right now that the City should not plan on that happening
to back up the fees to basically what they think is urban development area that can be developed
over the next twenty to thirty years. They should balance it out so that it does not take that into
account. It is a two million dollar number that got added to the total.
Mayor Gamache thought a community park would be a perfect thing to run a park referendum
on.
Staff discussed the items that would be included in the increased park dedication fees.
Councilmember Orttel assumed that when they started this they would pick the number and each
year it would be indexed so that way they would always be on schedule and never get behind.
When they redid the study they added more stuff to it and he was not so sure if they added it for
the future residents or if it is for the existing residents also. Mr. Dickinson stated if they did go
back in and change the total the percentages are going to change. The park number of seventy-
0 two percent is going to increase and it is going to change the computation. The real point in the
listing of improvements if it is not what the Council thinks it should be then they need to go back
and look at those improvements again.
Councilmember Trude thought the Mayor brought up some points that deserve a little more time
and one of the points is are they too aggressively taking some of these small neighborhood parks
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 13
and not accumulating the funds that they need to meet the needs of all the children moving into
the homes. She thought there are two things going on. Maybe they are not charging enough per
new home because they have so many kids coming with each new home and they are putting a lot
of stress on all the parks that provide recreation. The other side is are they providing their
community so many neighborhood parks that they do not have enough money to do these ball
fields and she thought that every time a plat comes forward they decide to put in a neighborhood
park because everyone likes them but when it comes to maintaining them it is a big drag on their
Public Works Department to maintain all those and then they are short the funds to do a big
community park.
Councilmember Orttel stated another issue is they are dropping in population per household quite
drastically. Their needs may be changing as the City gets older so they do not want to overdo the
parks.
CounciImember Trude thought this should be discussed further at a workshop.
Mayor Gamache stated he is comfortable at this point to stay where they are and then go back to
0 the Park Commission and indicate they need to be realistic on what they can afford.
Councilmember Trude stated realistically they do not have any growth so their wish list is pared
down to nothing. They need to prioritize to finish what are the important things kids in this
community need. She would at this point advocate looking at some of the plats they have on the
list and pulling back on some plans for some parks they can't outfit.
Councilmember Jacobson stated if the Comprehensive Plan is going to have to include the park
stuffhe thought they should ask the Park Commission to go back and take a look at what their
wish list is and tell them to pare it down and make some priorities and tell the Council what their
priorities are.
Mayor Gamache thought staff should give the Parks Commission a dollar amount and tell them
to work with that to improve what needs to be done in the parks.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting on October 16, 2007 at 6:00
p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
0 City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders, Local Board of Appeal and miscellaneous projects.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
0 Regular Andover City Council Meeting
Minutes - October 2, 2007
Page 14
Community Development Director Neumeister updated the Council on development activity in
the City.
MAYOR/COUNCIL INPUT
(Woodland Development Letter) - Councilmember Trude stated they received a letter from Woodland
Development asking to include the land that they built Veterans Memorial Drive through in the Rural
Reserve to put houses on it. Mr. Neumeister indicated they are aware of this and will bring it to the
October 23rd Workshop.
(Community Center Vehicle) - Councilmember Orttel stated he was reading the last two
Administrator's updates and it was noted the Public Works Department is putting lights on a truck
for the Community Center and lights on a service vehicle for the Community Center and he assumed
they were the same vehicle but he did not remember ever authorizing a vehicle for the Community
Center. Mr. Berkowitz stated through the concessions over there, the Community Center has a Toro
0 vehicle that they sell concessions out of and it goes around to each of the fields and sells
concessions. It is a parks vehicle so to make that vehicle safe for night they put some running lights
on it. It has brakes and lights on it and has been a lucrative selling source.
(League ofMN Cities) - Mayor Gamache stated the League ofMN Cities is working on their policies
for 2008 and are looking for comments at www.lmc.org. They have a couple of interesting things on
there; one is a discussion on pawn shops that would eliminate some of the ability of cities to regulate
pawn shops. He stated they are again pushing for adequate funding for transportation and in that
they are including a sales tax increase to help fund transportation needs. He also stated another thing
of interest would be a new open meeting law which would affect elected people even before they are
sworn into office. Councilmember Trude thought if the State is going to write these laws they should
be subject to them also.
(Status of Anoka County Board Railroad Authority) - Councilmember Jacobson asked for an update
of the Heavy Rail Project between here and Duluth. Mr. Dickinson noted it is still very much in the
study phase and he can get more information and bring it back to the Council.
Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjourned at 9;45 p.m.
Respectfully submitted,
0 Susan Osbeck, Recording Secretary