HomeMy WebLinkAboutCC February 19, 2008
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Items for February 19, 2008 City Council Meeting
DATE: February 19, 2008
The City Council is requested to receive the following supplemental information,
Consent Items
Item #5. Approve City Code Amendment 8-4-l/Glass in the Park (Supplemental) - Engineering
Add-On. Approve Equipment (Hot Box) as Surplus (Supplemental) - Public Works
Discussion Items
Item #10. Consider Code Amendment/Antenna & Tower Code (Chapter 9-12) (Supplemental)-
Planning
@
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: Vicki V olk, City Clerk
SUBJECT: Approve City Code Amendment 8-4-l/Glass in the Park-Supplemental
DATE: February 19, 2008
INTRODUCTION
The Code Amendment in the packet is incorrect.
DISCUSSION
The code amendment has been changed to remove "Occupany" in the title and Section P:
Glass has been changed to remove the word "not" after "No glass containers of any sort
will".
ACTION REOUIRED
Council is requested to use the attached code amendment in making a decision.
Respectfully submitted,
~ (Jr!b
Vicki V olk
City Clerk
Attach: City Code Amendment
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE -
AMENDING CITY CODE TITLE 8-4-1 TO CHANGE THE REGULATIONS
REGARDING THE USE OF GLASS IN THE PARKS
City Code 8-4-1, is hereby amended as follows (underlining indicates new language):
8-4-1: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
P. Glass: No glass containers of anv sort will be allowed in any designated city park or
park facility or recreation area that provides any kind of indoor or outdoor activities.
All other sections of the City Code shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 19th day of February 2008.
ATTEST: CITY OF ANDOVER
Victoria V olk. City Clerk Michael R. Gamache, Mayor
S'\C I T Y 0 F~ @.O~0
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
..~
TO:
CC:
FROM:
SUBJECT: Approve Equipment (Hot Box) as Surplus (Supplemental) - Public Works
DATE: February 19, 2008
INTRODUCTION
The City Council is requested to approve the truck mount insulated hot box as surplus
equipment,
DISCUSSION
The City is in the process of purchasing a new insulated hot box. Staff would like to sell the old
hot box to another community that would like to purchase the unit. Once the equipment is
approved as surplus, Public Works staff will market the hot box to other communities.
BUDGET IMPACT
The funds received from the sale of the equipment can offset the cost to purchase a new hot box.
ACTION REOUIRED
The City Council is requested to approve the truck mounted hot box as surplus equipment.
Respectfully submitted,
O<><";Jf:J.~
David D. Berkowitz
C I T Y o F @
NDQVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members '\\;
.'-. '"
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Community Development Director tuJ.-
SUBJECT: Consider Code Amendment/Antenna & Tower Code (Supplemental)
DATE: February 19,2008
. Attached is the correct format for the proposed Code Amendment. The one in the
packet did not contain the proper formatted headings and signature area; and also
. Attached is a "Summary Ordinance" that should have been in the packet.
Please review and if the Council approves the code amendment, also adopt the "Summary
Ordinance" that will be used for legal publication purposes.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
-
AN ORDINANCE REGULATING TOWERS AND ANTENNAS IN THE CITY OF
ANDOVER.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
The City Code's original tower and antenna regulations, Chapter 9-12, were drafted in the year 2000.
Much of the language is now outdated and needs to be brought in line with current cellular tower
technology.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 19th Day of February, 2008.
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOI(A
STATE OF MINNESOTA
ORDINANCE NO. -
AN ORDINANCE AMENDING SECTION 9-12 OF CITY CODE OF THE CITY OF
ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY
ORDAIN AS FOLLOWS:
(strike-outs shall indicate sections to be deleted, underlining shall indicate sections to be added):
CHAPTER 12
ANTENNAS AND TOWERS
SECTION:
9-12- 1: Purpose
9-12- 2: Definitions
9-12- 3: Permit And Lease Agreement Required
9-12- 4: Height Requirements
9-12- 5: Zoning District Regulations
9-12- 6: Co-location Requirements
9-12- 7: Design Requirements
9-12- 8: Setbacks
9-12- 9: General Requirements
9-12-10: Ground Mounted Eauipment
9-12-11: Nonconforming Antennas And Towers
9-12-12: Interference With Public Safety Telecommunications Prohibited
9-12-13: Damaged Or Destroyed Antennas And Towers
9-12-14: Abandoned Antennas And Towers
9-12-15: Variances
9-12-16: Violation; Penalties
9-12-1: PURPOSE: In order to accommodate the communication needs of
residents and businesses while protecting the public health, safety, and general
welfare of the community, the City Council finds that these regulations are
necessary in order to:
A. Facilitate the provision of commercial wireless telecommunication
services to the residents and businesses of the city;
B. Minimize adverse effects of towers through careful design and siting
standards in order to lessen the aesthetic impact on surrounding
properties;
1
c. Avoid pot ntial damage to adjacent properties from tower failure
through structural standards and setback requirements; and
D. Maximize the use of existing and approved towers and buildings to
accommodate new commercial wireless telecommunication antennas in
order to reduce the number of towers needed to serve the community.
(Ord.270, 12-5-2000)
9-12-2: DEFINITIONS: The following words and terms shall have the
following meanings when used in this chapter:
ANTENNA: That portion of any equipment located on the exterior or
outside of any structure and used for transmitting or
receiving radio, telephone and television signals.
"Antenna", as defined in this chapter (unless otherwise
noted), pertains to all of the following antennas:
Antenna, Public
Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically
reflective or conductive element used for the transmission
and/or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the
supporting structure thereof.
Antenna, Radio
And Television,
Broadcasting
Transmitting: A wire, set of wires, metal or carbon fiber rod or other
electromagnetic element used to transmit public or
commercial broadcast radio or television programming, and
including the support structure thereof.
Antenna, Radio
And Television
Receiving: A wire, set of wires, metal or carbon fiber elements, other
than satellite dish antennas, used to receive radio, television,
or electromagnetic waves, and including the supporting
structure thereof.
Antenna,
Satellite Dish: A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow
dish, cone, horn, or comucopia. Such device shall be used
to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbitally based uses. This
definition is meant to include, but not b limited to,
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commercial satellite earth stations, TYROs (television,
receive only), and satellite microwave antennas, but does
not include personal TYRO satellite reception receivers.
Antenna,
Short Wave Radio
Transmitting And
Receiving: A wire, set of wires or a device, consisting of a metal, carbon
fiber, or other electromagnetically conductive element, used
for the transmission and reception of radio waves used for
short wave radio communications, and including the
supporting structure thereof.
Antenna,
Telecommunications: A device consisting of a metal, carbon fiber, or other
electromagnetically conductive rod or element,
usually arranged in a circular array on a single
supporting pole or other structure, and is used for the
transmission and reception of radio waves in digital,
analog or other wireless or personal communication
services (Le., cellular, paging, internet, etc.).
CO-LOCATION: The placement of wireless telecommunication antennas
by two (2) or more service providers on a tower, building
or structure.
COMMERCIAL
WIRELESS
TELECOMMUNICATION
SERVICES: Licensed commercial wireless telecommunication
services including cellular, personal communication
services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging,
and similar services that are marketed to the general
public.
FEDERAL
COMMUNICATIONS
COMMISSION: The federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
GUYED TOWER: A tower that is supported, in whole or in part, by wires and
ground anchors.
LATTICE OR
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SELF-SUPPORTED
TOWER: A tower erected on the ground that consists of metal crossed
strips or bars to support antennas and related equipment.
MAST: That portion of the outside antenna system to which the
antenna is attached, and the support of extension is
required to elevate the antenna to a height deemed
necessary for adequate operation.
MONOPOLE
TOWER: A single, self-supporting pole type tower, tapering from the
base to the top and supporting a fixture designed to hold
one or more antennas.
PRIVATE
PROPERTY: Land that is not "public property" as defined in this section.
PUBLIC
PROPERTY: Land owned or operated by a government entity.
PUBLIC UTILITY: Persons, corporations, or governments supplying gas,
electric, transportation, water, or land line telephone services
to the general public. For the purposes of this chapter,
wireless telecommunication service facilities shall not be
considered public utility uses and are defined separately.
SERVICE
PROVIDER: Any individual or entity that provides wireless
telecommunication services.
TOWER: Any pole, spire, or structure (excluding structures
required for the transmission of electric energy), or any
combination, to which any antenna could be attached, or
which is designed for any ante.nna to be attached, and all
supporting lines, cables, wires and braces.
. TOWER,
MULTI-USER: A tower to which is attached the antennas of more
than one commercial wireless telecommunication
service provider or governmental entity.
TOWER,
SINGLE USER: A tower to which is attached only the antennas of a single
user, although the tower may be design d to accommodate
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the antennas of multiple users as required in this chapter.
(Ord. 270, 12-5-2000)
9-12-3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and
antennas over thirty five feet (35') from around level shall reauire a
conditional use permit and buildina permit approvals from the City. All
towers and antennas on Citv-owned public property shall reauire a lease
aareement with the City. Anv chanaes to a tower or antenna shall reauire
an amended conditional use permit N8 .1I::jteAAa 8r t8\'Jer iA ex€Oess 8f tAiRy
five feet (35') iA AeigAt fr8m grGwAd level SA all &e ereGted, €O€mstrwGted, 8r ~la€Oed,
er re ereGted, re€08Astf!.lGt@d 8r re~la€Oed 8A ~ri'Jate 8r ~W&Ii€O ~rG~eRy 'f:itA8ldt first
re€OeiviAg a C8Aditi8AalIJse PeFmit aAd 8&taiAiAg tAe Ae€OeSsary &wildiAg ~ermit
a~~r@vals fr@m tAe €Oity. TAe €Oity sAall re€Jwire a lease agreemeAt fer aAY
aAteAAas aAd t@'.I.'ers ereGted, €08AstrwGted, ~la€Oed, re ere€Oted, re€08AstrwGted @r
re~la€Oed 8A €Oily 8wAed ~w&li€O ~rG~eFty. .^,~~li€Oati@A fer a C8Aditi8AalIJse Permit
sl::lall &e made te Il::le PlaAAiAg aAd ZeAiAg De~aFtmeAt iA tl::le same maAAer, aAd
€OeRtaiAiAg tl::le same iAfermatieA, as ~wrswaRt te tl::le CeAditieRal Use Permit
~rG€Oess as stated iA tl::le €Oity 28AiAg emiAaA€Oe4-. (Om. 270, 12 5 2(00)
9-12-4: HEIGHT REQUIREMENTS:
A. In Commercial and Industrial zonina districts, towers and antennas
mav not exceed 150 feet in heiaht.
B. In residentially zoned districts, towers and antennas may not exceed
120 feet in heiaht.
C. Antennas (includina the mast) may be mounted on a buildina or
structure provided that the antennas do not extend over fifteen feet
(15') above the hiahest portion of the roof of the buildina or
structure.
^ If A8 existiAg strwGtwre meets tl::le I::leigl::lt re€JwiremeRts mr aRteAAas te &e
. ..
~la€Oed, tl::le aAteAAas may &e mewAted eA a ~ele er meAe~ele Aet t8
eM€Oee€l eAe I::lwR€lre€l fifty feet (150') iA I::leigl::lt iA iA€lwstrially 2eAe€l €listri€Ots;
A8t te el€€Oee€l eAe I::lwA€lre€l feet (100') iA I::leigl::lt iA resi€leRtially 2eAe€l
€listriGts; aA€I Aet te em.ee€l eAe I::lwA€lre€l R'!eAt)' fGet (120') iA I::leigl::lt iA
€08mmeraially 2eAe€l €listriGts. ^.AteAAas {iA€Olw€liAg tl::le mas~ may &e
mewAte€l eA a &wil€liRg 8r strwGtwre ~m\'i€le€l tl::lat tl::le aAmAAas €Ie Aet
emeA€I e'.'er fJfteeR feet (15') a&e'/El tl::le Rigl::lest ~eFtieA 8f tl::le reef ef tl::le
&wil€liAg er strwGtwre.
B. Mwlti wser t8'/i.'ers may ex€Oee€l tl::le l::leigAt re€JuiremeAts as stated a&e':e
&y w~ t8 aF! a€l€litieAal W.19Aty feet (20'); ~re'li€le€l, tRat tl::le miAimwm
AUm&er ef ad€litieAal users, as re€Jwire€l aA€I state €I iA SeGtieA 9 12 G ef
1 See section 12-15-6 of this code.
5
tRis GRa~ter, Ra':e Ge leGate€! tReir aRteRRas eR tRe meRe~ele strl.lml.lre.
A tewer emeRsieR reEll.lires aR }I.meR€!e€! CeR€!itieRal Yse PeFmit as
state€! iR tRe Gity zeRiR!J emiRaRGe4-. (Om. 27g, 12 Ii 2ggQ)
9-12-5: ZONING DISTRICT REGULATIONS:
A. Residential Zoning Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may sAaU be allowed only in the following residentially
zoned locations: (Ord. 270, 12-5-2000; amd. 2003 Code)
a. Church sites, when camouflaged;
b. Public land, includina City water towers, schools. and
publiclv-purchased parks when the City Council determin s
that the tower will not adverselv affect the use of the park
or neiahborina properties:
b. City ~aFk sites !Jreater tRaR teR (1 Q) aGres iR size leGate€! el.ltsi€!e
ef tRe Metre~elitaR lJrbaR Ser;t'iGe .A.rea (MYSP.), ':JReR tRe PaFk
aR€! RBGrBatieR CemmissieR €!eteFmiRBS tl::lat tRB w':Jer is
Gem~atible witR tl::le Ratl.lre ef tRe ~aFk;
G. Cip,,' ~:J8ter to..\'sm;
c. Utility and transmission structures located in public rights-of-way
when attached thereto; and
d. Utilitv and transmission structures located outside of
public riahts-of-wav. exclusivelv to serve the structures.
e. SGReels aR€! ~l.lbliG bl.lil€!iR!Js \'JReR Gamel.lfla!Je€!.
2. Only one tower or monopole shall exist on anyone residentially zoned
parcel of land.
B. Commercial and Industrial Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may sAaU be allowed only in the following commercially
and industrially zoned locations:
a. Industrial ill zoned parcels of land when the appearance is
consistent with the surrounding area and is compatible with the
6
use;
b. Commercially zoned parcels (Shopping Center SC and General
Business GB) parcels of land when the appearance is consistent
with the surrounding area and is compatible with the use; and
c. Utility and transmission structures located in public rights-of-way
when attached thereto.
d. Utilitv and transmission structures located outside of Dublic
riahts-of-wav exclusivelv to serve these structures.
2. Only one tower shall exist on anyone industrially or commercially
zoned parcel of land. (Ord. 270, 12-5-2000)
9-12-6: COLOCATION REQUIREMENTS: All telecommunication towers
erected, constructed, or located within the city shall comply with the following
requirements:
A. A proposal for a new telecommunication service tower shall not be
approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on
an existing approved tower or building due to one or more of the following
reasons:
1. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or building
as documented by a qualified and licensed professional engineer, and the
interference cannot be prevented at a reasonable cost.
3. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed
professional engineer.
4. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
B. .A.F1Y ~r€l~€lse€f telee€lmmlolRieati€lR serviee t€l'.'i.'er sl::lall be €fesigRe€f
strloletldFally, eleetrieally aR€f iR all etl::ler rlils~eets, te aeeemme€fate betl::l
tl::le applieaRt's aRteRRas aR€f eem~aFable aRteRRas fer at least tl::lree (2)
7
a€l€litieRal wsers if tRe te'/ler is eRe RWR€lre€l feet (1 QQ') er mere iR ReigRt
er fer at least w:e (2) a€l€litieRal wseFS if tRe te\':er is less tRaR eRe
RWR€lre€l feet (1 QQ') iR ReigRt. Towers must be designed to allow for future
arrangement of antennas upon the tower and to accept antennas
mounted at varying heights. A tower one hundred feet (100') or more
in heiaht shall accommodate at least three (3) additional users.
(Ord. 270, 12-5-2000)
9-12-7: DESIGN REQUIREMENTS: Telecommunication service towers shall
be of a monopole design unless the City Council determines an alternative design
would better blend into the surrounding environment. Lattice towers are prohibited.
(Ord. 270, 12-5-2000)
9-12-8: SETBACKS: Towers shall conform with each of the following
minimum setback requirements:
A. Towers and around mounted eauipment shall meet the building
setbacks of the underlying zoning district as stated in the zoning
ordinance.
S. Towers shall be set back from all structures and all property lines at a
distance equal to the height of the tower (plus an additional 1 0 feet),
unless a qualified professional structural engineer certifies in writing that
the collapse of the tower will occur within a lesser distance under all
foreseeable circumstances.
C. A tower's setback may be reduced or its location in relation to a public
street or neiahborina property varied, at the sole discretion of the City
Council. The Council's decision must be based on leaitimate
findinas such as. but not limited to:
a. Aesthetic concerns
b. Safety concerns
c. City staff review
te alle'.v tRe iRtegFatieR ef a te'Ner iRte aR e)(istiRg er prepese€l
strwetwre SWGR as a GRWFGR steeple, ligRt staR€lar€l, peiffer liRe
strwet(,lre er similar strwf5twre.
D. T8!:.'eFs sRall be plaGe€l a miRimwm ef five RWR€lre€l feet (!!iQQ') frem aRY
e)dstiRg resi€leRtial €l'.velliRg WRit aR€l be spaGe€l a miRimwm ef eRe Ralf
(1,12) mile oom eaGR etRer. (OF€!. 27Q, 12 !!i 2QQQ)
9-12-9: GENERAL REQUIREMENTS: All towers and antennas for which a
permit is required shall comply with the following requirements:
A. Lighting: Towers shall not be illuminated by artificial means and shall not
display strobe lights unless such lighting is specifically required by the
8
Federal Aviation Administration or other federal or state authority for a
particular tower. When incorporated into the approved design of the
tower, light fixtures used to illuminate ball fields, parking lots, or similar.
areas may be attached to the tower.
B. Signs And Advertising: The use of any portion of a tower for signs is
prohibited. Warning or equipment signs are exempt from this provision.
c. .I\GGeSsef')' Utility Qwil€liR~s: (NOTE: Section relocated to 9-12-10)
1. .^.I1 lsItility ewil€liR~s aR€I strwGtwres aGGessel)' te a te1J!er s!;!all ee
arG!;!itestwrally €lesi~Re€l te el€lR€I iR wit!;! t!;!e swrrewR€liR~ eR':ireRmeFlt aR€I
s!;!all m€l€lt t!;!e miRimwm seteaGk re~wiremeRts ef t!;!€l wR€I€lrlyiR~ ;!eRiR~
€listriGt as stat€l€l iR t!;!€l ;!eRiR~ er€liRaRGe.
2. {SrewR€I mewRt€l€l €l~wipm€lRt s!;!all ee SGre€lR€l€l Wem vi€l1J! ey switael€l
v€l~etatieR, eXGept 'N!;!€lr€l a €I€lSi~R ef ReR 'J€l~etati\'e sGreeRiR~ e€ltter
refleGts aR€I GemplemeFlts t!;!e aFGMeGtwral G!;!araGter ef t!;!e swrrewR€liR~
R€li~!;!eer!;!ee€l.
~Q. Supplemental Information: IR a€l€litieR te t!;!€l iRmr::matieR re~wir@€I
elsew!;!er€l iR t!;!is s!;!apter, €le'JelepmeRt Applications for towers shall
include the following supplemental information:
1. A report from a qualified and licensed professional engineer that:
a. Describes the tower height and design including a cross section
and elevation;
b. Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
c. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
d. Documents what steps the applicant will take to avoid
interference with established public safety telecommunications;
e. Includes an engineer's stamp and registration number;
f. A coverage map showing what portions of the city will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the city;
g. A report indicating that the request meets technical emission
9
standards set by the FCC; and
h. Includes other information necessary to evaluate the request.
2. For all telecommunication service towers, a letter of intent committing
the tower owner and his or her successors to allow the shared use of the
tower if an additional user agrees in writing to meet reasonable terms and
conditions for shared use.
3. Before the issuance of a building permit, the following information shall
be submitted to the city:
a. Proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
b. A report from a qualified and licensed professional engineer that
demonstrates the tower's compliance with the aforementioned
structural and electrical standards. (Ord. 270, 12-5-2000)
9-12-10: GROUND MOUNTED EQUIPMENT:
A. Ground mounted eauipment and antennas shall be stored within a
closed. secure buildina. All buildinas accessory to a tower or
antenna shall be architecturallv desianed to blend in with the
surroundina environment.
B. Screenina shall be provided in compliance with Chapter 12-13-5.
9-12-11 g 12 1Q: NONCONFORMING ANTENNAS AND TOWERS:
Antennas and towers in existence prior to the adoption of this chapter that do not
conform to or comply with the provisions of this chapter may continue in use for
the purpose now used and as now existing but may not be structurally altered
without complying with this chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-12 g 12 11: INTERFERENCE WITH PUBLIC SAFETY
TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications
services shall interfere with public safety telecommunications. (Ord. 270, 12-5-2000)
10
9-12-13 9 12 12: DAMAGED OR DESTROYED ANTENNAS AND TOWERS:
If an antenna or tower is damaged or destroyed due to any reason or cause
whatsoever, the same may be repaired or restored to its former use, location
and physical dimensions upon obtaining a building permit. The repair or
restoration must comply with this chapter. Provided, however, that if the cost of
repairing such damaged or destroyed antenna or tower would be fifty percent
(50%) or more of the cost of purchasing and erecting a new antenna or tower of
like kind and quality, as estimated by the Building Official, and to the former use,
physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance with the requirements of this
chapter. (Ord. 270,12-5-2000; amd. 2003 Code)
9-12-14 9 12 13: ABANDONED ANTENNAS AND TOWERS: Any antenna
or tower that is not used for one year shall be deemed abandoned. Within ninety-
(90) days of notice by the city, the antenna or tower and all other associated
equipment must be removed from the property. If the antenna or tower and
equipment are not removed from the property within the time period as stated
herein, a public nuisance may be declared, and the city may order that the public
nuisance be abated in a manner consistent with ordinances and policies of the
city. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-15 9 12 1<1: VARIANCES: Variances from the provisions of this chapter
shall be processed and granted or denied in the same manner and based on the
same criteria as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000)
9-12-16 9 12 15: VIOLATION; PENALTIES: Any person who shall violate any
provision of this chapter shall be ~l;Iilty €If charaed with a misdemeanor and,
upon conviction thereof. shall be subject to applicable fines and imprisonment
as defined by state law. In addition to the penalties imposed by this chapter, the
city may exercise, with or separately from such penalties, all and any other legal
and equitable remedies then available to the city by this chapter, or by statute, or
by other ordinances of the city, or by applicable rules or regulations, to enforce
this chapter, including, without limitation, injunction. (Ord. 270, 12-5-2000)
1 See section 12-15-7 ofthis code.
11
Adopted by the City Council of the City of Andover on this 19th day of February, 2008.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Vicki V olk, City Clerk
12
Ohg inrJ
DATE February 19. 2008
'.;I1tEM$;t61~EN:TOT~IB.\elffif.,;ialiJl~lli..
> State Aid Designations & Revocations
> Citywide Maps - Natural Features & Upland Natural Areas
etEA$E~'<<Il)QR~S'~i:m"~~~1.lil1i;r.,",.ATTHIS.M~~;j;1~G':f~RfRU1f'{~~Ef4Jf'~f1I'. i;' .
. "fWJ:;t,lJ;XT AGENDA .
$I'fANK YOU.
G:\STAFF\RHONDAA\AGENDA\CC L1ST.doc
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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, February 19, 2008
Call to Order - 7:00 p.m.
Pledge of Allegiance
Deputy Introductions
Special Presentation - THlO!l69 Corridor Coalition
Resident Forum
Agenda Approval
1. Approval of Minutes (2/6/08 Regular Meeting; 2/6/08 Closed Session; 1/22/08 Work Session)
Consent Items
2. Approve Payment of Claims - Finance
3. Order Plans & Specs/08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well #10) & 08-14 (Test Well #11)
- Engineering
4. Accept Petition/Order Feasibility Report/07-37 A/Metropolitan Mosquito Control/Extension of SS-
0 Engineering
5. Approve City Code Amendment 8-4-1/Glass in the Park - Engineering
Discussion Items
6. Receive Anoka County Sheriff's Department Monthly Report - Sheriff
7. Consider Code Amendment/Regulating Ultimate Fighting/Adding Section 3-18-12 to City Code - Sheriff
8. Consider Code Amendment/Chapter 12-12/Adding Churches as a Conditional Use in the Shopping Center
Zoning District - Planning
9. Consider Conditional Use Permit (08-01)/Coon Rapids United Methodist Church/l574 - 154th Ave. NW -
Planning
10. Consider Code Amendment/Antenna & Tower Code (Chapter 9-12) - Planning
11. Consider Recommended Sites for 2008 Natural & Scenic Area Grant Program - Planning
Staff Items
12. Discuss State Aid Designations & Revocations - Engineering
13. Schedule EDA Meeting - Administration
14. Schedule March Workshop - Administration
15. Administrator's Report - Administration
Mayor/Council Input
Adjournment
0
0
TH10/188 Corridor Coalition
2008
Work Plan
0 Communications Plan
Membership Plan
1":--:...
.
The Tinklenberg Group
0
0 TH1 0/188 Corridor Coalition
2008 Executive Summary
The Trunk Highway 10/169 Corridor Coalition is a group made up of counties, cities, and
businesses along the TH10 and TH169 corridors between Coon Rapids and Elk River.
The Coalition's main objective is to advance transportation related improvements along
the corridor though collaborative planning efforts and with a "corridor-wide" approach.
Each year the Coalition reviews the activities, priorities and lessons learned from the
previous year to refine its work plan, marketing plan and membership plan. The
following sections provide a brief overview of those working documents; the full plans
may be referenced for a complete description.
Work Plan
The Work Plan identifies key strategies and activities designed to advance progress
relative to needed transportation improvements in the TH10/169 corridor. More
specifically, it lays out how the Coalition shall operate, how projects will be identified and
0 prioritized, and how the group will work collectively to identify and pursue funding for
projects.
2008 Proiect Priorities
Each year the Coalition reviews the status of projects planned within the corridor, and
prioritizes its efforts and focus according. A critical milestone is the completion of the
Hanson Boulevard interchange in 2007; the interchange is a major accomplishment in
terms of providing the corridor the ability to continue expansion and access
improvements that will enhance safety and mobility along the corridor.
The Minnesota Department of Transportation has earmarked $9.4 million over a three-
year period to design and construct an additional lane in both directions on TH10
between Egret Boulevard and Hanson Boulevard. Cost estimates to construct the
added capacity at optimal design standards total $12.5 - $13 million. Optimal design
standards would include phased bridge construction north of Egret Boulevard to
accommodate travel needs during construction, bus shoulders and other elements.
Secondarily, the coalition will work to secure support and funding for phase 2 of this
project, extending the additional lane in both directions to Round lake Boulevard.
The additional lane on TH10 is currently the highest priority for the Coalition; however
the group also supports numerous other projects and plans along the corridor such as
access management improvements, bypass and river crossing projects, commuter rail
and other modes of transit, transit facilities and other efficiencies that enhance the
overall function of the area's transportation system.
0
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Executive Summary 1 January 2008
0 TH10/189 Corridor Coalition
Communications Plan
The plan focuses on increasing the awareness and understanding of project needs
among local policy leaders and influential state and federal decision makers, and strives
to address ways in which the Coalition will support funding applications and
opportunities for transportation related improvements on behalf of its members. Key
elements focus on both internal and external efforts to enhance Coalition visibility and
effectiveness.
In 2008 the primary objectives involve engaging policy leaders from member agencies in
ways that actively support priority projects, and to provide them with the tools to
effectively communicate the need and impacts these improvements will have not only
with respect to the agency or community they represent, but to the region as a whole.
Enlisting these individuals as advocates will assist in the Coalition's ability to directly
influence project timing and funding. Another objective is to demonstrate member
benefits at a higher level than in the past, by providing valuable and regular
communication regarding projects, upcoming events, legislative updates and funding
opportunities.
MembershiD Plan
The current membership of the Coalition is made up of both public and private sector
representatives. One of the most important aspects of membership is ensuring that the
0 Coalition is regarded as a trusted and valued source of information, and a vehicle to
reach key decision-makers regarding transportation improvements by its members.
Outreach activities in the way of new member recruitment, retention of existing
members, and increasing the level of membership benefits overall, are ongoing priorities
of the Coalition.
0
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Executive Summary 2 January 2008
0 TH10/169 Corridor Coalition
2008 Work Plan
The following Work Plan identifies key strategies and activities designed to advance progress
relative to needed transportation improvements in the TH10/169 corridor between Coon
Rapids and Elk River. Much of the work identified in the Plan focuses on increasing the
awareness and understanding of project needs among local policy leaders and influential
state and federal decision makers. The Plan also addresses how the Coalition will support
funding applications and opportunities for transportation related improvements on behalf of
its members during the 2008 calendar year.
The Work Plan is designed to compliment the 2008 Communications Plan, and highlights
project priorities for the upcoming federal funding cycle, preparation for the 2009
Reauthorization Bill, as well as state and local opportunities for matching dollars. It also
identified areas where the coalition will support various efforts underway. among member
agencies as they relate to individual projects and studies planned and/or underway.
The Coalition has established and maintained strong working relationships with its members,
0 governmental agencies and elected officials, and made significant efforts to engage
community business leaders. These efforts will continue and have become even more
critical given the current environment for funding major transportation improvements. This
year's Coalition efforts will focus on projects that are doable, provides the greatest benefit to
users, and have the strongest support in terms of priority.
I. Management
Management and facilitation of the Coalition remains a key element to achieving results.
Staff will continue to identifying and implement strategies that will initiate participation,
provide consistent and accurate information, and maintain the interest of members is critical
to the overall success of the project. The following section describes in detail how these
tasks will be accomplished.
A. Meetino coordination and facilitation
. Coordinate meeting locations and make appropriate arrangements and
accommodations for members.
. Maintain accurate accounts of meetings, including conversations in the form of
minutes, recordings, etc. to log activities and serve as reference for clarification and
documentation.
. Facilitate committee discussions in such a way that members have an opportunity to
provide input, share comments and concerns, and raise questions, while keeping the
group focused and on task.
0
TH10/169 Co"idor Coalition The Tinklenberg Group
DRAFT 2008 Work Plan 1 January 2008
0 TH10/18. Corridor Coalition
. Coordinate and facilitate an annual strategic planning workshop in November for
committee members to revisit project goals, needs, accomplishments and next steps
to assist in prioritizing activities and project elements.
. Facilitate discussion among members based on individual community issues and
needs; incorporate needs into real projects while recognizing corridor-wide impacts
and necessary phasing of improvements.
. Research agenda topics and develop appropriate meeting materials that focus on
moving project priorities ahead.
. Develop presentations, supplemental materials and enlist experts' in various fields to
speak to the group when appropriate, and relative to agenda subject matter, to
ensure meeting productivity, effective use of time and quality meeting content.
. Make contacts between meetings as needed. Hold additional meetings when
necessary as issues arise and require attention; keep members informed via e-mail
Iists,etc.
. Provide follow up materials to members including minutes and requested information
in the form of research, contact information, and other various needs on a timely and
consistent basis.
. Revisit timelines and activities regularly to ensure that the committee is on task and
short-term successes are realized.
. Maintain membership mailing list including regular review and updates to the list to
ensure its. effectiveness and accuracy, and maximize advocacy opportunities.
~ . Review due structure on an annual basis and develop a list of deliverables based on
priorities and member needs.
B. Workina Group coordination and facilitation
In 2005 the Coalition formed a Working Group consisting of staff from each of the member
agencies. The Working Group is a separate forum for sharing information as it relates to
each community's and/or agency's specific planning activities and priorities relative to
transportation and economic development projects. The intent is for the group to meet bi-
monthly during the off-months of the regular Coalition Board meetings, and supplement the
Coalition objectives to advance projects along the corridor in a timely and cooperative
manner. More specifically the group is tasked with:
. Assist in identifying issues as they arise relative to transportation plans/projects
underway such as scheduling, funding, and other relevant issues.
. Sharing information regarding adopted plans and working documents relative to
transportation and development project specific to or that could impact the TH10
corridor.
. Assist in establishing a working schedule of specific project related activities.
. Input relative to agenda topics and items that should receive attention and be
discussed at Coalition Board meetings.
. Utilize the group to enhance development and agreement on strategies to move
project along in the corridor, build consensus.
0
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Work Plan 2 January 2008
0 TH10/169 Corridor Coali..ion
II. Facilitate identification of project priorities
Identifying project priorities will be facilitated through the Coalition and its members based on
the Coalition's vision, goals, and the short and long-term strategies identified to achieve the
corridor vision. Priorities should directly coincide with small successes identified as part of
various projects, which are intended to build support and momentum among committee
members, policy leaders, the general public and other stakeholders. Previously, the Hanson
Boulevard interchange was a high priority for the Coalition; this project was completed in
2007.
The Minnesota Department of Transportation has earmarked $9.4 million over a three-year
period to design and construct an additional lane in both directions on TH10 between Egret
Boulevard and Hanson Boulevard (Priority Project Phase 1). Cost estimates to construct the
added capacity at optimal design standards total $12.5 -$13 million. Optimal design
standards would include phased bridge construction north of Egret Boulevard and
maintaining four-lanes of traffic to accommodate travel needs during construction, inclusion
of bus shoulders, wider traffic lanes other elements associated with preferable engineering
standards.
A. Prioritv oroiect
0 In light of allocated funding for the project, the Coalition will focus its efforts heavily on the
fOllowing tasks:
. Work with Mn/DOT to determine elements of the project to include such as bus
shoulder lanes, phasing of bridge construction over the railroad, and other design
standards.
. Based on consensus for project design elements, determine how additional costs will
be funded, e.g. local matching funds, federal appropriations request, and other
sources.
. Assist Mn/DOT in their efforts to design the project within a budget determined; do so
in a manner that ensures no funds are lost due to timing constraints for using state
dollars.
. Facilitate discussions designed to identify matching funds among members.
. Engage influential policy leaders as spokespersons and advocates for the project.
. Utilize communication strategies designed to increase awareness of project
opportunities, funding needs and public support.
B. Additional orioritv oroiects
While the additional lane on TH10 is of the most immediate and highest priority for the
Coalition, the group also supports the following priorities (in random order):
. Work with Mn/DOT and officials at the local, state and federal level to extend the
TH10 additional lane project from Hanson Blvd. to Round Lake Blvd. (PrioritY Project
Phase 2)
0
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Work Plan 3 January 2008
0 TH10/169 Corridor Coalition
. Continue to advance planning activities related to access management improvements
in the City of Ramsey, and the Sunfish Lake and Ramsey Boulevard interchanges.
. Continue planning activities related to access improvements at Armstrong Boulevard.
. Continue to advance planning activities related to access improvements at Fairoak
and Thurston Avenues in the City of Anoka.
. Continue discussions regarding a future Mississippi River crossing in Anoka County.
. Consider implications and opportunities associated with TH169 bypass of Elk River
and multi-jurisdictional boundaries/authority within MnlDOT (e.g. Metro Division and
District 3).
. Support implementation of Northstar commuter rail. and development plans for
commuter rail stations within member communities along the corridor.
. Work toward increasing the awareness of transit needs including circulator, fixed
route and express bus service; capitalize on success of the Northstar Commuter
Coach and Ramsey Star Express bus services to encourage increased usage and
modified travel behavior of commuters.
. Help build awareness among members of the business community who depend on
the efficient movement of goods and services along the corridor to be \local and
engaged in the Coalition; assist in shifting a stronger focus on the shipping industry
and transportation impacts overall along the corridor.
C. Multimodal aooroach
0 Approaching projects from a corridor perspective increases the opportunity for involvement
and participation from a broader base. Project needs focus primarily on the expansion of the
TH10 roadway, access managements and improvements, and right-of-way preservation
activities; however, planning efforts should take advantage of additional transportation
elements such as transit and transit facilities, pedestrian/bicycle trails, movement of freight,
development and redevelopment opportunities and technology. Examples include:
. Highway improvements supporting Northstar Commuter Rail
. Various types of bus service including circulator routes designed to enhance local
and regional modal connections
. Park-and-ride lots and bus shoulder lanes
. Transit facilities of all modes
. Trail connections
. Traffic management and technology improvements which would enhance capacity
and flow along the corridor
. Support the implementation of alternative commuting patterns
including
vanpools/carpools as travel demand management strategies
. Incorporate Anoka County Transportation Management Organization (TMO)
resources in communication and discussions where applicable; encourage
community partners to get involved.
III. Project funding
The packaging of financial resources from public, private and non-traditional sources is
0 essential to project success due to ever increasing demands on limited available regional,
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Work Plan 4 January 2008
0 TH10/169 Corridor Coalition
state and federal funding. Working with regional, state and federal transportation programs,
funding requests and application processes, and communicating project needs to
Minnesota's regional, state and federal elected officials is an important element of this Work
Plan.
Given the opportunity for construction of an additional lane on TH10 between Egret
Boulevard and Hanson Boulevard, and then on to Round Lake Boulevard, the Coalition will
focus the majority of its effort on obtaining the remaining funds to design the project most
responsibly. This includes accommodating transit and other safety elements to the highest
degree possible.
The following activities will be necessary in order for the Coalition to successfully identify and
secure funding to meet the Coalition's objectives:
. Increase awareness at the local, regional, state and federal level relative to corridor
projects and needs. .
. Coordinate and facilitate regular meetings with local and state
legislative
representatives.
. Coordinate events in Washington D.C. as much' as possible, particularly during
annual events including the National Association of Counties Legislative Conference,
and Transportation Alliance Fly-In.
0 . Schedule events locally that would allow congressional leaders and other elected
officials to learn more about project priorities, funding needs, etc. along the TH 1 0
corridor.
. Review current and proposed regional, state and federal transportation' plans and
programs and assess both the threats to and opportunities for new funding for the
corridor.
. Work with the Minnesota Department of Transportation to ensure the process for
allocation and distribution of funds is communicated and understood among
members.
. Identify the potential for innovative and non-traditional program funding including
private financing for construction and operations.
. Identify options for the Coalition to leverage current and planned investments,
planning activities, in-kind contributions as matching funds for new funding requests.
. Provide regular updates with all elected officials. Establish, coordinate and
participate in meetings with state legislative leaders and elected officials as
appropriate. Coordinate special events as corridor improvements occur.
. Work with members of the Coalition to develop an investment strategy for the corridor
on an improvement-by-improvement basis consistent with the overall Coalition goalS
for the corridor.
. Assist in the preparation of federal funding requests or the provision of information
that will support corridor improvements on an annual basis and as directed by
members of the Board. Create necessary materials and respond to. the
Transportation Appropriations Committee infonnation requests for targeted funding.
when appropriate and as directed by members of the Board.
. Facilitate joint funding applications among communities for submittal relative to
0 specific' projects as directed by members of the Board.
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Work Plan 5 January 2008
o TH10/169 Corridor Coalition
2008 Communications Plan
Developing a communication strategy that effectively supports and expresses the vision and
goals of the TH10/169 Corridor Coalition is a critical factor in generating interest, awareness,
understanding and participation among agencies, businesses and users of the TH10/169
corridors. Clearly articulating transportation needs, project information and how members
and other interested parties can make a difference in advancing transportation improvements
is an area the Coalition will focus its efforts in 2008.
I. Philosophy
Providing accurate, timely and consistent information will ensure that stakeholders, including
the general public, key policy leaders, the business community, the media and others, are
aware of transportation project developments, status, and needs, as well as
accomplishments the Coalition has had in recent years. Businesses and residents along the
TH 1 0/169 Corridor have become increasingly more interested and. involved in transportation
planning efforts, particularly in areas where communities have made individual efforts. to
O engage the public relative to specific projects along the TH10/169'corridor. Individuals are
beginning to see the need and understand why communities are planning now for
improvements that may not happen for several years; building on these realizations in ways
that helps stakeholders become more vocal and in the appropriate arenas is a responsibility
of the Coalition. Heightening the visibility of the Coalition and priority projects can assist in
influencing funding for transportation, allocation of funds and overall project schedules.
II. 2008 Focus
Goals:
· Improve the safety and mobility along TH10/169 through Anoka and Sherburne Counties
through a collaborative approach to planning and funding transportation projects.
· Assist Mn/DOT in its effort to design, fund and construct a third lane on TH10/169
between Egret Boulevard and Hanson Boulevard.
Communication obiectives:
· Create a stronger sense of value to Coalition membership.
· Enhance active participation among member agencies in the Coalition.
· Raise awareness among the general public of the need for transportation improvements
and funding for projects; give them specific, simple examples of ways they can help.
III, Strategies
~ Serve as a vehicle for members to collectively identify areas and/or issues relative to
policies, processes and the like, that deter or impede continued progress for
o transportation improvements along the corridor; advocate for change through the
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Communications Plan 1 January 2008
0 TH10/188 Corridor Coalition
development of strategies that can address such matters and implement communication
tools designed to facilitate resolution.
~ Proactively seek continued public/private sectOJ input and involvement in an effort to
influence decision-making regarding transportation improvements in the corridor.
~ Provide a forum that will enable private citizens and businesses along the corridor to
reach an understanding of the issues involved in transportation improvement projects and
provide input that will assist agencies and elected officials shape future direction and
project decision-making.
~ Communicate with elected officials at the local, regional, state and federal levels in an.
effort to illustrate collaborative planning efforts, consensus for projects and the need and
efficient use of transportation funding.
~ Utilize communication materials such as handouts, FAQ
packets, PowerPoint
presentations, etc. that clearly reflect the goals of the Coalition, the value of' a strong
membership and Coalition accomplishments and progress.
~ Identify and communicate with the appropriate media to increase project awareness,
build trust within the community and Coalition members, and provide accurate and
consistent project information and updates regarding Coalition
progress and
achievements
~ Continue to provide information in terms of short- and long-term strategies designed to
address safety and mobility along the corridor - 5, 10 and 20 years into the future.
~ Utilize a multi modal approach in communication materials and presentations to ensure
I the public understands the needs for an integrated network of services.
~ Incorporate real numbers and data into communication materials to include projected
population growth. safety issues, economic development and land use changes,
environmental concerns, and other relevant statistics that will help clearly illustrate the
dyer need for improvements, and the importance of planning now for the future.
~ Materials should provide a concise understanding and translation of the transportation
improvements and the impact to the traveling public and communities in terms of safety,
mobility, economic development and quality of life.
IV. External Communication
External communication involves reaching out to policy leaders, businesses, the TH10/169
traveling public and other stakeholders with interest in the corridor. The intent is to enhance
their overall understanding of safety, mobility and funding needs along the corridor through
education and increasing the Coalition's visibility; more specifically, convey information in a
way that motivates an action toward the Coalition's goals and objectives, and help influence
the advancement of transportation improvements.
While congressional representatives and local legislators are aware of congestion issues
along the corridor, many are not equipped with the data necessary to effectively advocate for
moving projects ahead; providing them with specific information in terms of needs, project
plans, and local support may help stimulate their involvement and advocacy. Engaging
County Commissioners and City Council Coalition members to deliver this information is one
example of how the Coalition can solicit their active support.
0
TH10/169 Corridor Coalition The
Tinklenberg Group
DRAFT 2008 Communications Plan 2 January
2008
0 TH10/169 Corridor Coalition
Also essential to a thoughtful external communication is the ability to demonstrate that
concerns and suggestions of the business community and traveling public are valued as part
of the planning and decision-making process. Providing them with an outlet to voice their
ideas and comments will encourage a broader discussion among the general public to
become involved, particularly if they believe it will make a difference and potentially influence
the development process.
All external communication shall seek to achieve the Coalition's strategic objectives and will
be developed and delivered with a focus on the receiving audience in both content and
context.
Tasks:
. Create and submit quarterly press releases to local papers including the Anoka
County Union, Blaine/Spring lake Park life, Coon Rapids Herald, Elk River Star
News and when possible, the Star Tribune Metro North and Pioneer Press.
. Partner with area Chambers of Commerce to include Coalition news and information
as part of their communication distributions to members.
. Research and pursue the potential of securing a billboard along TH10 as a means to
inform motorists of key Coalition messages; work with members to identify the
appropriate message and content of the billboard.
. Meet and discuss Coalition objectives with agencies outside the metropolitan area in
0 an effort to engage them in the Coalition including Mn/DOT District 3 representatives.
. Produce materials on behalf of the Coalition designed to support needs such as hand
outs, press releases, fact sheets, exhibits, maps, and other illustrations that
effectively communicate key information and/or messages.
. Meet with various business leaders to retain and seek new community. partner
members; encourage active participation in the Coalition and importance of private
sector perspectives.
v. Internal Communication
Internal communication involves providing consistent and useful information to Coalition
members, as well as to their respective city councils, county boards and project staff, in an
effort to maintain interest and active participation; soliciting feedback and listening to member
needs and concerns is also an important element of internal communication.
The focus in 2008 will be to enhance active participation among member agencies, and
demonstrate a higher level of value in membership overall.
Tasks:
. Develop a presentation to present at each member agency council or board meeting
during the months of January and February; the presentation will include Coalition
priorities and activities for the year, provide an overview of upcoming local and
federal funding opportunities(e.g. the importance of the Reauthorization Bill in 2009)
and to offer specific examples of how individuals can be engaged and effective as
0 part of the Coalition.
TH10/169 COffidor Coalition The Tinklenberg Group
DRAFT 2008 Communications Plan 3 January 2008
0 TH10/169 Corridor Coalition
. Organize materials in the form of a bound packet for distribution to members and their
respective councils and boards with all relevant work plans included; create an.
executive summary as part of the materials for easy review and reinforcement of key
activities.
. Email newsflash updates to Coalition members every Thursday afternoon.
. Develop a secondary list representing a broader audience that includes business
representatives, interested citizens and other stakeholders upon identification and
level of interest to receive email newsflash updates.
. Request that agencies with internal distribution lists forward
electronic
communications provided on behalf of the Coalition to those contacts as a cost
effective means to reach a larger audience.
. Provide necessary support in terms of developing correspondence, conducting
research, coordinating and facilitating working group meetings, providing follow up
and overall collaboration among agency representatives.
. Communicate with planning staff regarding the development of transportation plans,
etc. in an effort to identify opportunities that will enhance project coordination,
maximize resources and ensure overall collaboration.
. Provide updates as needed and/or requested to various leaders, committees and
individuals as directed.
0
0
TH10/169 Co"idor Coalition The Tinklenberg Group
DRAFT 2008 Communications Plan 4 January 2008
0 TH10/168 Corridor Coalition
2008 Membership Plan
A strong foundation of membership in the TH10/169 Corridor Coalition requires participation
from local, regional and state levels of government. Input from the general public and private
sector is also necessary to understand and incorporate varying perspectives into the
transportation planning and decision-making process.
In 2005 the TH10/169 Corridor Coalition expanded membership to the business community
along TH10/169 as community partners. A number of local business owners have joined the
Coalition during this time and interest among the business community has increased as a
whole as a result of Coalition efforts. While this trend is extremely positive, 2008 will involve
working with a select few prospective businesses to become members, versus many random
targets. Efforts will also be directed at implementing ways to more actively engage elected
officials from member agencies, and more effectively demonstrate the value of the Coalition.
I, Community Partner Member Benefits
0 Businesses with a membership in the Coalition have contributed financially to the
organization and in some cases been fairly active in the meetings and functions of the
groups; however, the majority have become members as testimony to their interest in seeing
change and movement with regard to transportation improvements along the corridor and
been inactive otherwise. Each community partner has a different expectation in terms of the
benefit they receive from Coalition efforts; regardless, all community partner members are
offered the same opportunities. Examples of member benefits include the following:
. Business logo inclusion on all materials distributed as part of external communication.
. Recipient of Emails updates, newsletters, brochures, and other methods of
communication relative to Coalition activities.
. Invited to Coalition Board meetings and other member events.
. Notice of events relative to community projects, celebrations, and other public
meetings along the corridor.
. Provided direct contact and access to local policy and decision makers through the
Coalition.
. Access to staff to obtain a better understanding of the project development process,
upcoming projects, studies and planning activities, and funding discussions.
. Provided a forum and vehicle to voice their thoughts and concerns directly to those
who are involved in planning activities.
II, Recruitment Activities
. Meet with community leaders along the corridor to promote Coalition activities and the
0 value of coalition membership.
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Membership Plan 1 January 2008
0 TH10/169 Corridor Coalition
. Identify potential partnerships with appropriate agencies, foundations, business
groups to advance Coalition objectives.
. Conduct meetings and determine which entities have the interest and resources to
assist with Coalition objectives; bring interested parties together with Coalition
members and facilitate direct dialogue between various groups.
. Meet and discuss Coalition objectives in an effort to engage agencies' from areas
outside the metropolitan area along the corridor including Mn/DOT District 3
representatives.
. Identify opportunities to engage other agencies and planning units in discussions
surrounding transportation improvements along the TH10 Corridor to minimize the
disconnect in planning efforts and bring groups togetheras partners.
. Maximize opportunities that broaden the framework and visibility of the Coalition
beyond transportation such as connections between colleges and educational
institutions along the corridor.
. Facilitate informational sessions bringing together potential Coalition partners to
establish a consistent base level of knowledge of transportation programs, funding
sources, project time lines and development activities.
. When possible, meet with business leaders representing. communities along the
corridor to elicit their involvement and support.
. Work with Coalition members to identify additional target groups to include in
communication efforts such as special interest and community groups, and
0 representatives from the business community.
. Identify and enlist existing members with established relationships among these
groups/individuals to meet and discuss member opportunities/benefits and to assist in
recruitment activities.
. Provide support to members by setting up meetings and providing materials such as
correspondence, FAQ packets and other presentation materials that will assist in
communicating Coalition efforts and recruiting new members.
. Follow up with phone calls to encourage involvement, answer questions and provide
additional information.
III, Retention 'Activities
Retention should focus on members feeling their involvement and participation is of benefit
and value to their organization and needs. Key to ensuring this is the ability to communicate
and engage the appropriate individuals in. a way that supports cooperation .and collective
decision-making that will produce desired outcomes. It is important to clearly identify and
understand agency and project objectives, goals, responsibilities, capabilities and limitations,
in order to develop a step-by-step approach to moving projects and plans forward. This
involves facilitation, coordination and collaboration among city, county, regional and state
planning staff relative to transportation planning efforts and project implementation.
Tasks associated with retention activities include:
. Ensuring productive use of time at Coalition meetings; produce concise and
informative updates and appropriate materials. for members; stay on task with
0 activities and plans.
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Membership Plan 2 January 2008
0 TH10/1.. Corridor.Coalition
. Assisting in the identification and coordination of presentations at various community
events designed to provide project updates on Coalition activities to maintain visibility
and share successes.
. Utilizing communication materials such as handouts, FAQ packets, PowerPoint
presentations, etc. that clearly reflect the goals of the Coalition, the value of strong
membership, ways in which to participate and make a difference, and examples of
Coalition accomplishments and progress.
0
0
TH10/169 Corridor Coalition The Tinklenberg Group
DRAFT 2008 Membership Plan 3 January 2008
CD
0 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: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: February 19, 2008
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
January 22, 2008 Workshop
0 February 6, 2008 Closed Meeting
February 6, 2008 Regular Meeting
DISCUSSION
The minutes are attached for your review.
ACTION REOUlRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
.IJ:-t; ()b
Vicki V olk
City Clerk
Attach: Minutes
0
0;
3
4
5
6
7 SPECIAL ANDOVER CITY COUNCIL WORKSHOP- JANUARY 22,2008
8 MINUTES
9
10
11 The Special Council Workshop of the Andover City Council was called to order by Mayor Mike
12 Gamache, January 22,2008, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
13 Andover, Minnesota.
14
15 Councilmembers present: Mayor Mike Gamache, Don Jacobson, Mike Knight, Ken Ortte!,
16 Julie Trude
17 Councilmembers absent: None
18 Also present: City Administrator Jim Dickinson
19 Director of Public Works/City Engineer Dave Berkowitz
20 Director of Community Development Will Neumeister
21 Sheriffs Department Captain Tom Wells
22 President of Andover Youth Hockey Association Tony Howard
~~ City Planner Courtney Bednarz
25
26 SHERIFF'S DEPARTMENT CITY CODE SUGGESTIONS - PLANNING
27
28 A. LOITERING
29
30 Captain Tom Wells stated that the loitering deals with the businesses across from the middle school
31 and also in the Downtown Center. The loitering ordinance is more specific than just trespassing, as
32 it would give the power to the business owner and they would not necessarily have to call the police
33 to resolve the situation. He explained that the business would have a sign they could display as well
34 that states "no loitering".
35
36 Councilmember Trude reported that some cities have dropped their ordinances against loitering as
37 they are hard to enforce.
38
39 Councilmember Knight stated that with loitering, the City would be making the rule and the kids
40 could not retaliate against the business owners themselves, as it would be a City issue.
41
42 Councilmember Trude stated that she could understand if the kids are asked to leave and still remain,
43 but explained that she would like to eliminate some of the more broad things in the ordinance. She
044 stated that if someone were standing outside of Tanners talking for ten minutes, they could be
145 arrested.
46
47 Councilmember Jacobson reported that the crime would be a petty misdemeanor.
48
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 2
1 Councilmember Trude questioned the method that would let some people pass and select others that
2 were loitering. She explained that five minutes is not a long period of time and reported that people
3 loiter after Council meetings outside of City Hall, or at the baseball field after a game for that
4 amount of time.
5
6 Captain Wells stated that the business would have to have a no loitering sign posted on the building.
7 He explained that the option to have a sign would be given to the businesses themselves.
8
9 Councilmember Orttel clarified that it is not against the law right now for people to loiter.
10
11 Councilmember Knight explained that if there were six to eight kids standing at the door of a
12 business, it is going to intimidate people from entering the business.
13
14 Councilmember Trude stated that if there were a few ladies standing outside of Target talking, they
15 would most likely not receive tickets.
16
17 City Administrator Dickinson stated that if the business chose not to post a sign there would be
18 nothing that the officers could do.
019 Councilmember Trude stated that she has seen ten kids standing outSide of Target, but explained that
20
21 those kids probably have money in their pockets that they are going to spend on the newest
22 electronics inside the store.
23
24 Captain Wells explained that there are also groups of kids that sit inside of McDonald's for an hour
25 and do not purchase anything.
26
27 Councilmember Trude believes the businesses should just tell the kids to leave, and thought that this
28 ordinance would just give the officers a difficult job.
29
30 Councilmember Jacobson questioned how big an issue this had become in Anoka.
31
32 Captain Wells explained that it is a different story in Anoka, as cruising and loitering were a big
33 issue there before their ordinance.
34
35 City Administrator Dickinson explained that the three places where loitering has become an issue
36 are: Andover Station near the bowling alley, the school building, and the theater; McDonald's on
37 Bunker and Round Lake Boulevards; and between the middle school and the community center.
38
39 Councilmember Trude believes that this issue would be expensive to defend in court because it is too
040 broad. She stated that the Council could adopt a few sentences of the loitering ordinance that back
~1 up the issue of trespassing. She stated that whenever you say that kids are a problem and you do not
~2 look at any other age groups, you are looking at a lawsuit
43
44 Councilmember Jacobson questioned if there were other loitering ordinances other than the ones that
0 Special Andover City Council Worhshop Meeting
Minutes - January 22, 2008
Page 3
1 the Council had in front of them.
2
3 Councilmember Trude explained that if people are asked to leave and they do not, they could then be
4 charged with a crime because that backs up the idea that the owner needs help.
5
6 Councilmember Jacobson stated that if the Council wants to do something with a loitering ordinance,
7 he believes that they should look at other cities that are not so strict.
8
9 Councilmember Orttel explained that compared to other cities, this ordinance is not very strict. He
10 stated that the previous night there were a group of kids outside of his house that he did not chase
11 away. He reported that the next day there was graffiti near the area where the kids had been. He
12 does not believe the age of the kids' matters. He explained that if 15 year olds are causing problems,
13 the City needs to take care of the issue regardless of age.
14
15 Captain Wells explained that whenever there is a group of young people gathered together for no
16 reason there is the opportunity for bad activities to take place, such as people selling them drugs. He
17 stated that the City is trying to keep them moving and get those kids into activities so that they have
18 something positive to do. He added that the high school is dealing with some of their issues
019 intemally. He explained that the kids that are loitering are not involved in activities. They are just
20 loitering and coming up with bad activities to participate in.
21
22 Councilmember Trude stated that in her opinion there needs to be more gravity to the situation other
23 than someone being in one place for five minutes.
24
25 Captain Wells explained that with any execution of a law there is a level of discretion on the part of
26 the officer.
27
28 City Administrator Dickinson stated that the intent was to put the topic in front of the Council and
29 get things started on the issue ofloitering. He explained that the loitering ordinance that was brought
30 forth as being good and effective was the ordinance from Anoka He advised staff to investigate how
31 other cities word their ordinances on loitering.
32
33 Councilmember Trude explained that when kids are filling out college applications and have to list
34 any crimes they have been convicted of, they might have to list loitering because they stood in front
35 of a business for five minutes.
36
37 Councilmember Knight questioned if officers just move those kids along and not ticket them.
38
39 Captain Wells explained that the ordinance would just be a helpful tool. He explained that the
040 reason the Anoka ordinance was brought forward is that it is effective and because a lot of kids from
Lll Andover go into Anoka who are familiar with the ordinance. He explained that if kids were
42 repeatedly caught for loitering, they would be ticketed.
43
44 Councilmember Trude questioned whether there is a lot of defiance from kids when talking to the
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 4
1 officers.
2
3 Captain Wells stated that the majority of kids are going to leave if they are told to leave.
4
5 Councilmember Knight stated that kids standing in :front of a business will deter some people :from
6 entering, therefore the loitering will hurt that business.
7
8 Councilmember Trude questioned if people lined up in :front of a business for days to purchase a new
9 electronic item would be ticketed, since the business is closed and they will be there for more than
10 five minutes.
11
12 Captain Wells advised that those people would have a purpose for standing in :front of the building.
13 Councilmember Orttel advised that the police do a lot of warning people instead of giving out
14 tickets.
15
16 Captain Wells pointed out the barking dog ordinance. He explained that not every time that a dog
17 barks do the police get a call and issue a ticket.
18
019 Councilmember Ortte1 suggested that stafflook at the surrounding cities' ordinances for loitering and
20 get some clarification.
21
22 The consensus of the Council was for staff to look at the loitering ordinances of surrounding cities to
23 find a wording and definition that better suits the City of Andover.
24
25 B. ULTIMATE FIGHTING
26
27 Captain Tom Wells explained that this request was generated :from the schools because of situations
28 that they have identified as problems, and they thought that this ordinance would be helpful in
29 dealing with the problem. He stated that students mostly have been gathering together as a group
30 and watching and/or participating in contest-style fighting. He reported that students are mostly :from
31 the high school, although some of the students are :from the middle school. The information they
32 gathered came :from the school resource office at Andover High School. Captain Wells stated that
33 the students gather at the area under the railroad bridge overpass for the fights and officers have
34 found videos of the fighting on "You Tube". He explained that other cities have dealt with the issue
35 with an ordinance and found it helpful as a preventative action. He stated that as an assault it is easy
36 to deal with the fighters, but explained that the ordinance would address the spectators as well. It
37 would be more of a proactive action for Andover, as it is not a huge problem at this point.
38
39 City Administrator Dickinson stated that he does not hear any opposition on the ultimate fighting
o:~ concept. He questioned if any changes need to be made to the ordinance.
42 Councilmember Jacobson questioned the concept of the ultimate fighting, as it pertained to ultimate
43 fighting being held in a public or private building or even being present at the event. He stated that
44 when a real problem is identified, such as meth, the City should step in. He thought if someone wants
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 5
1 to do something in his or her own basement they should be allowed to do that.
2
3 Councilmember Trude stated that right now there is a licensing issue because ultimate fighting
4 usually goes together with liquor being served she questioned how far the City should go in
5 regulating peoples' lives.
6
7 Councilmember Knight stated that these kids are usually doing this on the streets and it is placed on
8 "You Tube".
9
10 Councilmember Jacobson stated that he would like to see a few words changed in this ordinance.
11
12 Councilmember Orttel stated that he does not have an issue with prohibiting ultimate fighting in a
13 private building.
14
15 Councilmember Trude stated that she has not heard of ultimate fighting being a problem and would
16 like to hear more information from the high school. She would like to see the revised ordinance
17 again before it goes before the Planning and Zoning Commission.
18
019 The consensus of the Council was that staff should revise the Ultimate Fighting Ordinance and bring
20 it back before the Council prior to the review of the Planning Commission.
21
22 CHURCH IN SHOPPING CENTER ZONE - PLANNING
23
24 City Planner Courtney Bednarz advised that a church is asking to go into the Hanson Commons
25 Center, and the City currently limits churches to residential districts. He explained that the Council
26 could amend the code to allow the church into one or more commercial districts. He reported that
27 the key item would be parking. The church believes that if there was not sufficient space at the
28 shopping center, they could come to an agreement with Oak View Middle School to use their lot
29 across the street.
30
31 Councilmember Trude questioned if the parking is calculated by square footage and if they would be
32 short on parking just based on the formula.
33
34 Mr. Bednarz replied that the parking is based on the formula, but the parking for the shopping center
35 is never more than half full.
36
37 Councilmember Jacobson stated that the building was built for a shopping center and questioned ifit
38 currently met fire codes.
39
040 Mr. Bednarz replied that they may have to modity the doors, but it would have to meet the fire codes.
'fl
42 Councilmember Trude stated that the issue is that when a church has an assembly or gathering the
43 parking is usually really intense during that session, but they would still need to follow codes.
44
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 6
1 Councilmember Jacobson stated that a shopping center really is not designed for church use, and
2 questioned why they are not looking into other public facilities such as schools or community
3 centers.
4
5 Bill Reinhart, an associate pastor at United Methodist Church, stated that this would not be a
6 relocation of their church. He explained that rather than growing bigger in Coon Rapids, the church
7 has decided to grow more into Andover and is looking for a building where they can gather. He
8 stated that the church is currently holding a service in the school, which is not visible to the public.
9 He explained that they would like to be visible and serve the public in a community way. He advised
10 that the primary service would be held on Sunday. He also advised that the only changes that would
11 need to be made to the building would be the removal of a segment of wall and to install the
12 remainder of the floor covering.
13
14 Councilmember Trude questioned the square footage of the area.
15
16 Mr. Reinhart replied that it is the largest space in the center at 2,600 square feet. He explained that
17 the cost to rent this space is higher, but also explained that the cost for a church to rent a school is
18 also quite high. He stated that since a church does not exclusively serve youth they have the second
019 highest fee for rental of schools. Mr. Reinhart stated that the leased space in the center would cost
20 twice as much as the rental of the school, but the church is also getting 24-hour access to the space
21 for after school activities and other programs. They have had a positive response from other
22 businesses in the center; both Chanticlear and the coffee shop have positive outlooks on the church
23 leasing that space.
24
25 Councilmember Trude brought up the subject of parking again and questioned whether he is worried
26 about families finding adequate parking for the services.
27
28 Mr. Reinhart felt that there would be sufficient parking for the services. He added that there are
29 three meeting spaces in the area they can use as classrooms and also handicap bathrooms. He
30 explained that the church would never be at full capacity when the shopping center is busy. He
31 explained that for Bible study there are groups oBO people and peak occupancy for services would
32 be from 8 a.m. to 12 p.m. He advised that the first business to open would be the tanning salon at 10
33 a.m., which does not require a lot of parking.
34
35 Councilmember Trude stated that Subway also receives a lot of business from local sporting events.
36 She questioned if they are counting all the spots for the shopping center for the church.
37
38 Mr. Reinhart agreed that there might be more congestion from 11 a.m. to 12 p.m. for Subway.
39
040 Councilmember Orttel questioned if 1;he management of the shopping center had given the church
41 permission to use the parking. He stated that there would be more than enough spots in the lot and
42 the division between businesses is up to the management of the site.
43
44 Mr. Reinhart explained that the church sees this space as a stepping stone and not a long-term space.
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 7
1 He stated that the owner of the shopping center is willing to write a three year lease for the space,
2 and they hope to get enough momentum in the community in that three years to then move to the
3 next level in Andover. He explained that it would be difficult to do that without a permanent visible
4 location.
5
6 Councilrnember Knight questioned what type of sign the church would have.
7
8 Mr. Reinhart replied that they would conform to whatever signage the shopping center uses. He
9 explained that a church is a service, just like the other buildings in the shopping center.
10
11 Councilmember Jacobson stated that he does not think that a church should permanently be in a
12 shopping center, but has no problem with the temporary use.
13
14 Councilrnember Orttel stated that if a shopping center were designed for a church he would not have
15 a problem with the permanent use either. He questioned if a church could be within 1,000 feet of a
16 liquor store, and also if there will be a problem when the proposed restaurant is built in that area.
17
18 Mr. Bednarz advised that it would be within 1,000 feet.
019 Mr. Dickinson advised that it would not be a problem.
20
21
22 Councilrnember Trude believed that the Council should look at the code.
23
24 Councilrnember Jacobson advised that the Council could always do a waiver for the restaurant.
25
26 Mr. Bednarz questioned if the Council wants to address the temporary nature in the use or via a
27 conditional use permit. He advised that the Council might be better off addressing it in the
28 conditional use permit because then it is just that one church that is specifically allowed.
29
_ 30 Councilmember Orttel advised that they should send this to the Planning Commission and have it
31 reviewed as a conditional use permit.
32
33 Councilmember Trude questioned if the church was successful would they be able to break the lease
34 early.
35
36 Mr. Reinhart advised that the lease is very easy to terminate. He explained again that they do not
37 want to take their Coon Rapids parish over to Andover, they just want to start another parish in
38 Andover.
39
d~ Councilrnember Knight questioned when the church would like to start.
42 Mr. Reinhart advised that the space is open for lease right now and the concern that the church has is
43 that it will be leased to another business. He explained that the church has been working this past
44 year on developing relationships with the business owners in the shopping center and have made a
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 8
1 foothold in the community. He stated that their intention is not to go into the shopping center and
2 just look after their own interests.
3
4 Councilmember Trude advised that they might want to consider the other types of businesses that
5 could come into the shopping center, as it may effect whether they would want to be there.
6
7 Mr. Reinhart reported that with their occupancy the shopping center will be full and the leases for the
8 other businesses are longer than that of the church. He advised that he lives a couple blocks away
9 from the shopping center and has a vested interest in the community as well.
10
11 The consensus of the Council was to send this issue to the Planning Commission for review at their
12 next meeting.
13
14 OPEN SPACE REFERENDUM/COMMISSION UPDATE - PLANNING
15
16 Mr. Bednarz advised that the Commission helped to update the Comprehensive Plan, worked with
17 the conservation district, and also created a method for evaluating property.
18
~~ Councilmember Jacobson questioned why item nine, regarding public access, was so far down on the
list as he thought that would be an item that the Commission would really consider.
21
22 Mr. Bednarz reported that a lot of discussion took place over several meetings. He advised that the
23 top priority was what was already on the land, and that public access may put that item over the top
24 when ranking it.
25
26 CouncilmemberTrude agreed that public access should have more points.
27
28 Councilmember Orttel stated that the Commission might have based some of the ranking system on
29 the ability to gain grant money.
30
31 Councilmember Jacobson stated that if that is what the Commission is doing, there might be a
32 problem.
33
34 Councilmember Orttel explained that if the City does not get grant money, they would not be able to
35 do anything.
36
37 Councilmember Knight stated that there are more problematic things to consider because the process
38 is so subjective for everyone.
39
o:~ Councilmember Trude questioned item seven, regarding the natural watershed scoring system, as she
thought that land was already protected by the federal floodplain.
42
43 Mr. Bednarz advised that he could talk with the Commission and see about possibly taking points
44 from item seven and adding them to item nine. He advised that he would take this information back
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 9
1 to the Commission as feedback.
2
3 Councilmember Trude questioned the position with grants at this point.
4
5 Mr. Bednarz stated that the grant that the Commission is looking into is through the DNR and has a
6 March 31 st deadline for applications. A preliminary application would need to be in by the end of
7 January with a teaser of what the money will be used for.
8
9 Councilmember Trude pointed out that this grant would be for 2009 and if the Commission misses
10 this cycle they will be putting this off even further. She explained that it would then be at the four-
.11 year mark from when the voters first approved the Open Space Referendum.
12
13 Mr. Bednarz advised that this grant is competitive and there are people out there that already know
14 what they want to use the money for, whereas we would be submitting a generic application. He
15 explained that the Commission would like to apply the criteria citywide and see what land floats to
16 the top. He explained that might put it out another year.
17
18 Councilmember Jacobson stated that they should not just put something out there to get a grant.
019 Mr. Dickinson stated that if the dollars presented themselves the City could use them. He explained
20
21 that the issue would be meeting the Open Space Referendum and finding a buyer that would work
22 with that.
23
24 Mr. Bednarz stated that the Commission would like a joint meeting with the Council as soon as
25 possible.
26
27 Commissioner Holasek, from the Open Space Advisory Commission, advised that the scoring the
28 Council is looking at is an average. He explained that item nine has a wide range of points.
29
30 Mr. Dickinson stated that the Commission has put together a nice matrix for scoring. He stated that
31 in looking at the grant, they will get prepared for it but advised that he would not get their hopes up
32 that they will find that parcel. He believes they will find a seller; the issue will be pricing. He added
33 that the Commission is a very technical group and may need some outside facilitation to move the
34 discussion and make it broader. He stated that trying to put something together and finalize it
35 between now and March may be like pulling a rabbit out of a hat.
36
37
38 CROSSTOWN BOULEVARD NW/CROSSTOWN DRIVE NW DISCUSSION/06-48 -
39 ENGINEERING
040
141 Mr. Berkowitz stated that the accident reports for that area were: 2007 had one accident, 2006 had
42 one accident, 2005 had four or five accidents, 2004 had seven accidents, 2003 had seven or eight
43 accidents, 2002 had eleven accidents, and 2001 had twelve accidents. He stated that the fact that it
44 went from twelve accidents down to one really surprised him. Part of that might be a lot of near
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 10
1 misses or accidents that were just not reported. The concern is the right turn lane and that they
2 cannot see cars going straight or they decide to go straight inst<;ad of turning. He also stated that left
3 turns from Crosstown Drive are a concern.
4
5 Councilmember Orttel stated that traffic backs up on Crosstown Drive to the store from people trying
6 to turn left.
7
8 Mr. Berkowitz advised that the County has said they can put together a drawing showing right in and
9 right out, or put a median right down the middle of the road. He added that it would be B4 curb that
10 a fire truck would be able to jump, but the fIre chief does not like the idea of jumping a curb with a
11 $300,000 truck. He believes they should do the median right down the middle.
12
13 Councilmember Orttel suggested that they should outlaw left turns and make it local traffic only. He
14 explained that way people would still be allowed to go north.
15
16 Councilmember Jacobson stated that if signs could solve a problem it would be cheaper than
17 anything else would.
18
019 Mr. Berkowitz stated that they began this a few months ago and the County now wants to apply for
20 federal funds. He explained that they would most likely put a median on the road, as they are more
21 concerned with preventing one death than how the people that live in that community will be
22 affected. In his opinion there should be a study done to see how that is going to affect those people.
23
24 Councilmember Orttel agreed that they should try to put the signs up first.
25
26 Mr. Berkowitz stated that the County is going to look for some kind ofletter to come from the City.
27 He explained that maybe they could propose a designated right turn lane and no left turn signage.
28
29 Councilmember Jacobson clarifIed that the Council is not saying they do not want the money to fIx
30 this intersection, they are just saying that they do not want to fIx it in the way the County would like.
31
32 DISCUSS PRAIRIE KNOLL PARKIPARKING LOT EXPANSION (NORTH)/07-50 -
33 ENGINEERING
34
35 Mr. Berkowitz stated that last fall they had discussed the lot expansion. It will cost about $10,000 to
36 complete this project. He explained that by connecting the two lots it would cost an additional
37 $5,000 because there is a three foot grade change between the lots.
38
39 Councilmember Trude explained that if the lots were connected, it would give people more room to
040 look for parking spots.
41
42 Councilmember Orttel agreed that if the lots were not connected, people would see a spot in the
43 other lot and would not be able to reach it.
44
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 11
1 Mr. Berkowitz confirmed that the Council would like to join the lots at the additional .cost. He
2 advised that this issue would go to the Park Commission for review.
3
4 UPDATE SUPER RINK DISCUSSIONS -ADMINISTRATION
5
6 Mr. Dickinson reviewed that at the November 27th workshop meeting, the issue of the City of
7 Andover reserving ice time at the Blaine Sports Center Super Rink was discussed. He believes that
8 they got further in the agreement than was expected. They have an agreement that the City Attorney
9 and the Hockey Association are all comfortable with. In order to get priority scheduling, the rink
10 . requires a deposit.
11
12 Councilmember Jacobson confirmed that the rinks in this area do not have enough time available.
13
14 Mr. Howard, President of the Andover Youth Hockey Association, advised that this agreement
15 would replace the time that they use at the Super Rink right now.
16
17 Councilmember Jacobson pointed out that the deposit is $250,000 and questioned if t4ere is an
18 agreement with the Hockey Association stating that they are responsible for the ice time.
019 Mr. Dickinson replied that they do not foresee a problem with the Hockey Association, and does not
20
21 see that organization going away. He explained that the City is responsible. He advised that there
22 are a lot of calls for ice time and if the Hockey Association does not take the time, there are a lot of
23 other organizations that would use the time.
24
25 Councilmember Jacobson questioned if this will be looked at as favoritism towards hockey and not
26 other sports.
27
28 Councilmember Trude pointed out that the City built a million-dollar facility at Andover Station for
29 other sports.
30
31 Mr. Dickinson stated that the City pays the money up front. He explained that if the City decides to
32 build their own rink they could get the money back at the end of the agreement, or they could chose
33 to renew the agreement at the end of the two-year term.
34
35 Councilmember Orttel advised that the Council should move forward on this. He advised that even
36 if the Hockey Association does not use the ice time, there are other organizations that will use the
37 time. He added that the most the City would be out in this agreement would be the interest on the
38 deposit.
39
040 The consensus of the Council was to move forward on the agreement with the Super Rink
41
42 DISCUSS COMMUNITY EDUCATION OPPORTUNITIES -ADMINISTRATION
43
44 Mr. Dickinson stated that the reason this item is on the agenda is that is requires us to talk with
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 12
1 community education and the school district to utilize the fields, so that they are not underutilized.
2
3 Councilmember Knight advised that the City could maintain the fields during the summer and the
4 school could maintain them during the school year.
5
6 Councilmember Orttel added that even if the City had to rent the fields it would still be worth it.
7
8 Councilmember Trude stated that in community education staff works with staff. She thought it
9 would be better for City staff to address that staff rather than the Council.sit down with the school
10 district.
11
12 Mr. Dickinson stated the City has let the school district use their fields for free. The City plows
13 Sunshine Park for early morning drop-off for elementary students, and has done other things to put
14 us in a favorable position. The City is in a position to remind the school district of what we have
15 done for them and request this in return.
16
17 The consensus oj the Council was to proceed on this issue and try to secure an agreement.
18
019 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to adjourn. Motion
20 carried unanimously. The meeting adjourned at 8:15 p.m.
21
22 Respectfully submitted,
23
24 Amanda Staple, Recording Secretary
0
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 11
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 6,2008
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
Resolution RO 1 0-08 approving Plans & Specs/Order Advertisement for Bids/07 -48/
Tower #2/Painting & Rehabilitation .............................................................................. 2
Resolution ROII-08 receiving Assessment Roll/Waive Public Hearing/Adopt Assessment
RoI1/08-10/3458 _142nd Avenue NWIWM.................................................................... 2
Authorize Expenditure from Storm Water Utility Fund/08-16/2008 Tree Sale .................. 2
Award Bid/07-36/2008 Tree Removal Contractor............................................................... 2
Accept DNR FireWise Grant/05-59..................................................................................... 2
Approve Premise Permit/Andover BaseballJPOV's (RES. ROI2-08) ................................. 2
0 Approve Hold Harmless & Easement Encroachment Agreement/241 0-151 st Avenue NW 2
Consider Phone System Replacement...........................................................;...................... 2
CONSIDER 2008 COMPREHENSIVE PLAN UPDATE ........................................................ 2
a. MUSA Expansion & Land Use Change Request for a Portion of the Woodland Creek
Golf Course ................................................................................. .....................:............. 3
b. Sewer Staging Plan Request 14861 Prairie Road & 329 146th Lane NW....................... 5
c. Sewer Staging Plan Request Woodland Estates 5th Addition .........................................5
NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
PRESENTATION & PUBLIC MEETING/08-1
Motion to Open Public Hearing............................................................................................ 8
Motion to Close Public Hearing ........................................................................................... 9
APPROVE AGREEMENT WITH NATIONAL SPORT CENTER
Motion to approve................................................................................................................. 9
SCHEDULE EDA MEETING ................................................................................................... 10
ADMINISTRATOR REPORT .................................................................................................. 10
Motion to Schedule Joint Meeting with The Lower Rum River Management Org.............. 10
MAYOR/COUNCIL INPUT
Stop Sign Vandalism in the City........................................................................................... 10
Recess to Closed Session Meeting............................................................................................. 10
ADJOURNMENT...................................................................................................................... 10
0
0;
3
4
5
6 REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 6,2008
7 MINUTES
8
9.
10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
11 Gamache, February 6, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
12 Andover, Minnesota.
13
14 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
15 Councilmember absent: None
16 Also present: City Attorney, Scott Baumgartner
17 Director of Public Works/City Engineer, Dave Berkowitz
18 City Administrator, Jim Dickinson
19 Community Development Director, Will Neumeister
20 Natural Resources Technician, Kameron Kytonen
21 Others
22
023 PLEDGE OF ALLEGIANCE
24
25
26
27 RESIDENT FORUM
28
29 No one wished to address the Council.
30
31
32 AGENDA APPROVAL
33
34 Move Item 13 (Consider 2008 Comprehensive Plan Update) before Item 12 (NPDES Presentation &
35 Public Meeting). Move Item 3 (Approve Agreement with National Sports Center) to discussion.
36
37 Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried
38 unanimously.
39
40
41 APPROVAL OF MINUTES
42
43 January 10, 2008, Special Meeting: Correct as written.
0:: Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried
46 unanimously.
47
48 January 15, 2008, Regular Meeting: Correct as written.
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 2
1
2 Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
3 unanimously.
4
5
6 CONSENT ITEMS
7
8 Item 2 Approval of Claims
9 Item 4 Approve Plans & Specs/Order Advertisement for Bids/07-48/Tower #2/Painting &
10 Rehabilitation (See Resolution ROI0-08)
11 Item 5 Receive Assessment Roll/Waive Public Hearing! Adopt Assessment Roll/08-1 0/3458
12 _142nd Avenue NWIWM (See Resolution ROII-08)
13 Item 6 Authorize Expenditure :from Storm Water Utility Fund/08-16/2008 Tree Sale
14 Item 7 Award Bid/07-36/2008 Tree Removal Contractor
15 Item 8 Accept DNR FireWise Grant/05-59
16 Item 9 Approve Premise Permit/Andover Basebal1/Pov's (RES. ROI2-08)
17 Item 10 Approve Hold Harmless & Easement Encroachment Agreement/241 0 -151 st Avenue
18 NW
O;~ Item 11 Consider Phone System Replacement
21 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
22 unanimously.
23
24
25 CONSIDER 2008 COMPREHENSIVE PLAN UPDATE
26
27 Community Development Director Neumeister stated none of the items presented have tiled
28 applications.
29
30 Let the record show that none of the people who came forward at the Planning Commission
31 meeting of January 22nd has made an official application. Notwithstanding that, the following is
32 our recommendation on the three requests that came before the Planning Commission and are
33 now before the City Council:
34
35 1. The first request :from Olvan Properties, Ron Vanelli and Mike Olson, has been discussed at
36 the Planning Commission at length and the changes they have requested are not justified with
37 the information that was presented that evening. Staff stands by the fact that the Woodland
38 Creek golf course has been zoned R-4 with a land use designation of Open Space for many
39 years. Ibis is considered an appropriate land use for the property because of the conditions
O~ that exist (i.e. the extensive wetlands and floodplain that exist on the land).
42 2. The second request :from Mike Smith, Bob Day and Winslow Holasek is not supported
43 primarily due to the fact that the sewer plan that was developed called the "Yellowpine
0 Regular Andover City Council Meeting
Minutes ~ February 6, 2008
Page 3
1 Alternative" is the most economical and efficient to serve the easterly undeveloped land in
2 Andover that lies in the MUSA.
3
4 3. The third request from Woodland Development to change the 5 acres located north of
5 Woodland 5th Addition is supported and is a logical extension of sewer and a very small
6 amendment to the MUSA boundary that is logical and prudent to make at this time. It has
7 been studied extensively and can be served by the existing sewer pipes.
8
9 Staff recommends the Council affirm these recommendations with a motion and allow the
10 Comprehensive Plan to be sent out to the surrounding cities and other jurisdictions to begin their
11 review and comment period.
12
13 a. MUSA Expansion and Land Use Change Request for a Portion of the Woodland Creek Golf
14 Course
15
16 Mr. Neumeister stated there was a letter given to them dated February 2, 2008, "Updating the 2008
17 Comprehensive Plans-Sewer Staging Plan for Eastern Andover" from Mr. Winslow and Corrine
18 Holasek.
019 Councilmember Orttel stated he has heard and checked out the Mendota Heights situation and it was
20
21 his understanding that there is an underlying zone ofR-4 that the owners can avail themselves of if
22 the golf course is not viable. Mr. Neumeister indicated that is correct. Councilmember Orttel
23 thought that would meet the use of an alternative use even if the golf course is not viable as a
24 business. Mr. Neumeister stated that is correct.
25
26 Councilmember Orttel stated the golf course was built to sell houses, which it did very well, and he
27 understood the owners' position but the courts have stated there has to be an alternative use allowed
28 and that use is allowed because it is an R-4. Mr. Neumeister stated in court cases that come up it is
29 always brought up what is the reasonable use of the property and in this case if the golf course does
30 not succeed they can still come back under R -4 zoning and whatever is allowed to be a permitted use
31 can be done on the property or a conditional use in that zoning category and that is their typical
32 single family urban lot designation in the City so they could come back and request a single family
33 development there on the upland portion but there is not enough detail to judge whether that is
34 feasible.
35
36 Councilmember Orttel stated they are not telling them they need to keep a golf course there but they
37 need to keep it as open space. Mr. Neumeister stated that is correct. He stated the part that is
38 wetland will probably remain open space with the zoning designation of R-4 and the part that is
39 upland could come back before the Council with a request of some sort with the zoning designation
O~ ofR4, which is a reasonable alternative use to the golf course.
42 Councilmember Orttel stated they have a rule that will not allow someone to landlock a parcel and if
43 they develop that part by the clubhouse the whole property will be landlocked. Mr. Neumeister
44 stated they can still leave an access way through there if they want to preserve an access to the golf
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 4
1 course. He stated this would be similar to a trail connection between lots for access to a park.
2
3 City Attorney Baumgartner stated he discussed this topic at length and he would concur with Mr.
4 Neumeister that there is the underlying R-4 designation which does allow an alternative use to the
5 property. There are some restrictions based upon the wetland that is associated with this property but
6 the fact remains that the property owner does still have a viable use being the R4 designation.
7
8 Councilmember Trude stated based on what they know about the wetland and floodplain of that
9 region, it would require extensive work with Federal, State and Local authorities to deal with
10 watershed, Federal Floodplains, protected wetland, etc., if anyone was to look at a plan to develop
11 the low areas or high areas. Mr. Berkowitz stated that is correct.
12
13 Mayor Gamache stated what they are talking about right now is that the golf course was originally
14 zoned with the R 4 designation and what staffhas suggested is that the information that was given at
IS the Planning & Zoning Commission meeting did not justifY what they are looking for and that staff
16 stands by the fact that Woodland Creek Golf Course has been zoned R-4 with the land use
17 designation of open space for many years and that nothing is really changing and the owners do have
18 that ability but did not think they would want to do that.
019 Councilmember Orttel stated one thing he found in the Mendota Heights case is that it is safe to
20
21 assume the golf course will not stay there in the long term but Mendota Heights did say they would
22 support a referendum if the residents petitIon a referendum. He wondered if the City could" look at
23 obtaining the golf course for public use and maintaining it.
24
25 Mr. Jim Nelson, 3342 143rd Avenue NW, stated he likes the fact that they have an R4 underlying
26 zoning because it kind of protects the area if there is a development brought forward. He stated the
27 owners were coming forward with a mid-density development with a different zoning and it never
28 made sense to him. It did not seem compatible with the existing housing or with the golf course. R-
29 4 seems to be more appropriate than mid-density.
30
31 Mr. Nelson wondered if number three impacted this issue in any way. Mayor Gamache stated it did
32 not. He agrees that R-4 seems to be appropriate and they do not want to change that to anything
33 higher. He liked Councilmember Orttel's idea.
34
35 Motion by Jacobson, Seconded by Knight, to agree with the recommendation of the Planning
36 Commission relating to the Comprehensive Plan Designation on the Woodland Creek Golf Course
37 and that Council chooses not to change the current designation of the parcel. Motion carried
38 unanimously.
39
d~ Mr. Mike Olson, 22860 Imperial Avenue N, Forest Lake, stated they discussed this issue at the
Planning Commission and they felt they did not have enough time to get this plan in and they
42 discussed it with staff and they did not have any plans to present so they went with the medium
43 density request. Since then they have been doing some other research and they are looking at starting
44 to apply for wetland banking for the remaining sixty acres. The course will not be there anymore and
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 5
1 they are just looking for the ten-acre piece. They already have sewer into it and they just wanted to
2 discuss that issue to let them know where they are at in the process. ,
3
4 Mayor Gamache stated it seems like there is a lot going on between now and the new golf season and
5 if the issues they talked about regarding multiple homes is going to meet with some type of
6 opposition here and at the Planning Commission, that it would be sensible to try to keep the golf
7 course open and look to sell or do other things with it. Mr. Olson stated they are thinking about
8 opening it up this year but right now they have not decided and were looking at starting this
9 application process and what to do with the piece of property.
10
11 Mr. Olson explained to the public what wetland banking is. He noted it is like wetland mitigation
12 and would be regenerated back to what it was originally.
13
14 Councilmember Trude stated some of the residents were concerned that they did not even try to sell
15 it. Mr. Olson stated they have had people come and look to buy but the numbers are not there and
16 the road closure hurt them in 2004. It has been one thing after another and they have not been able to
17 get out from under. They are looking at all the options.
18
019 Councilmember Trude stated whatever plans are brought forward she thought it would be a good
20 idea to have a neighborhood meeting first to discuss what they want to do. Mr. Olson stated he
21 understood but the application process is lengthy and they want to get it started as soon as possible.
22 They are open to looking at other options.
23
24 Councilmember Orttel wondered if they would be willing to sell the property intact or would they
25 make a better profit doing it another way. Mr. Olson stated they would be willing to look at selling
26 the property as is if someone wanted to purchase the property.
27
28 b. Sewer Staging Plan Request 14861 Prairie Road & 329 146th Lane NW
29
30 Councilmember Trude stated this is one they have heard from some of the individuals and she
31 thought the reality was they have some pipes in the ground and they are not close to locations where
32 they are seeking sewer planning stage are located so a couple of parcels at this point without any
33 plan, justify changing the Compo Plan.
34
, 35 Mayor Gamache asked if at the Planning & Zoning meeting they received the information on some
36 of the costs that they have already incurred. Mr. Neumeister stated they did not. Mr. Berkowitz
37 stated the whole issue that came up was the applicants that are looking for change was not tied into
38 the Prairie Road Alternative 2, it was a separate item so staffwas not prepared at that time to have
39 information at the meeting regarding the Prairie Road Alternative 2.
040
41 Mr. Neumeister reviewed the plan with the Council.
42
43 Councilmember Trude stated at this point they do not have anyone who would want to build on this
44 property. Mr. Neumeister stated that is correct. Councilmember Trude noted it did not seem logical
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 6
1 to build more trunk lines than what they have already.
2
3 Councilmember Jacobson asked what the capacity is of the Yellow Pine line. Mr. Berkowitz
4 clarified the costs of the Yellow Pine line. He noted they have capacity to accommodate the
5 Constance Free Church area in this line.
6
7 Mayor Gamache stated they have received some letters regarding the Bluebird Trunk sewer and the
8 180 percent TDK put into a report and the 180 percent was previous numbers and they have done
9 some things with Yellowpine and a few other places which have changed those factors. Mr.
lQ .' Berkowitz stated that was correct and the 180 percent is without the Yellowpine Lift Station. Before
11 they get near any capacity issues, that lift station will be completed and a by-pass will be constructed
12 so there will not be any issues with capacity.
13
14 The Council discussed construction and costs of the Yellow Pine Trunk Line with staff. They also
15 discussed staging plans in the future when development starts to pick up again.
16
17 Councilmember Trude stated she spent a lot of time reviewing this and agreed with staff's
18 recommendation to get this out for the six month review with neighboring cities. She thought they
~~ may want to discuss this further at a workshop. Councilmember Knight agreed.
21 Mr. Robert Day wanted to clarifY a couple of things because what was difficult for them was they
22 came in with two small parcels and with Mr. Holasek it got carried away at the Planning
23 Commission. They are not asking to move forward; they are just asking to not go backwards, not to
24 change. He stated there appears to be capacity to come off Prairie Road without doing a major trunk
25 line. They are ultimately blocked against Winslow Holasek's properties so they only have two
26 options. They are just asking that if the capacity is there, to not move them backwards.
27
28 Mr. Day thought the Council is getting this confused with two issues. They are not looking at a
29 major trunk. There is supposedly capacity to take the line up to their piece or further.
30
31 Councilmember Orttel did not think this parcel should be pushed back any further but to change the
32 staging to the immediate would be harmful but he thought moving them back may provide a
33 hardship. Mr. Day noted this will be market driven and they are just looking to stay within the
34 staging phase of2010-2015 and not get pushed back to 2025. Councilmember Knight stated they
35 have to look at the entire area east of Prairie Road when making a decision.
36
37 Staff discussed with the City Council the process that is planned to be taken in moving the line
38 forward in the future.
39
d~ Councilmember Jacobson asked if they kept the time :frame of the property right now, are they
legally obligated at that point to bring the line in at 2010 or could they wait until the area is ready.
42 Mr. Day stated they would have to bear the cost. City Attorney Baumgartner thought at that point if
43 it is available and ready to be attached, he thought it was the City's obligation to do this ifit is in the
44 Compo Plan frame.
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 7
I
2 Mayor Gamache agreed with Councilmember Trude that they should discuss this further at a
3 workshop.
4
5 Councilmember Trude stated she would propose a motion for Items B and C.
6
7 Motion by Trude, Seconded by Jacobson, to approve staff recommendation of supplemental report of
8 02/05/08 Items 2 & 3 as follows:
9
10 2. The second request from Mike Smith, Bob Day and Winslow Holasek is not supported
11 primarily due to the fact that the sewer plan that was developed called the "Yellow Pine
12 Alternative" is the most economical and efficient to serve the easterly undeveloped
13 land in Andover that lies in the MUSA.
14
15 3. The third request from Woodland Development to change the 5 acres located North of
16 Woodland 5th Addition is supported and is a logical extension of sewer and a very
17 small amendment to the MUSA boundary that is logical and prudent to make at this
18 time. It has been studied extensively and can be served by the existing sewer pipes.
019 And to discuss MUSA staging for the area around Prairie Road at an upcoming workshop.
20
21
22 Councilmember Orttel stated he would be concerned if they move Mr. Day out ten years. He
23 assmned the staging would remain the same and would be worked out with the extension of the trunk
24 and may depend on one person's decision whether to move the trunk but they could develop in that
25 time frame and to move them out ten years would be quite a burden.
26
27 Mr. Dickinson stated his suggestion on Councilmember Trude's motion is they could review some of
28 the sewer related items at a future workshop. His goal is to get the Compo Plan out for review and
29 this does not preclude them from sending addendmns after that date.
30
31 Councilmember Jacobson agreed with Councilmember Orttel about it being a burden by pushing it
32 out further but at the same time when he looked at the pink color, changing that is more than just this
33 parcel so they would have to look at that closely to see how it impacts those further to the north if
34 they were to change it.
35
36 Motion carried unanimously.
37
38 Councilmember Jacobson stated he reluctantly agreed to this with the understanding that what they
39 are looking at is the area in the pink at a workshop. He will not consider anything beyond what was
O:~ approved because he felt they need to get that Master Plan done and he did not want to do it in ten to
. fifteen acre parcels like they did before. If anything else comes before them, he will vote no.
42
43
44 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 8
1 PRESENTATION & PUBLIC MEETING/08-1
2
3 Mr. Kytonen updated the Council regarding NPDES.
4
5 There will be a workshop with the Anoka Conservation District taking place on March 18, 2008
6 from 6:30 - 8:00 p.m. It is called "A Water Smart Workshop". This will be a collaborative effort to
7 talk about ways that property owners can save money on watering and also improve the quality of
8 storm water run off through landscaping.
9
10, Councilmember Knight asked if they are arriving at a point where the City is going to be mandating
11 certain types of yards. Can they mandate that people would need to have rain gardens in their yard?
12 Mr. Kytonen stated he was not sure if they could go that far but eventually they will be strongly
13 encouraged and they may want to strongly consider these and even encourage these.
14
15 Councilmember Knight asked if the Government is encouraging these types of gardens. Mr.
16 Berkowitz stated they are not at this point. What they are saying is that cities need to strongly
17 consider educating the public on different alternatives and then when it comes to their own
18 improvement projects of new development projects that will become mandatory. New developments
o;~ coming in will be required to meet some of these requirements.
21 Mayor Gamache asked if they will be looking at ordinance changes at this time. Mr. Berkowitz
22 indicated they are not.
23
24 Councilmember Orttel asked what types of things developers will need to change and improve to
25 meet the new guidelines and is there some place where they can find out the costs. Mr. Berkowitz
26 stated low impact development is very new. He stated they will see new regulations being put into
27 place by the City.
28
29 Councilmember Jacobson wondered with the downturn in housing, will that have an impact on
30 changing. their plan. Mr. Berkowitz stated this will not change their plans. What they are
31 anticipating is there is going to be growth and eventually they will build out to full growth. He stated
32 this just pushes the plan out further and they do have to treat for these conditions.
33
34 Motion by Jacobson, Seconded by Knight, to open the public hearing at 8:40 p.m. Motion carried
35 unanimously.
36
37 Mr. Shawn Rogers, 169 142nd A venue, stated he had a few concerns and cornments with the current
38 program. The biggest concern is looking at the storm and rainwater as a waste product. He hoped
39 they could move away from what seems to be the pipe and pond method and instead they should be
.O~ treating it as a natural resource to harness and help recharge the ground water supply because that is
an issue they face in the summer. The idea of harvesting storm water as a natural resource is a
42 national and local trend. He stated that by treating storm water as an asset will lead to more effective
43 flood control, clean the water ways and recharge the ground water supply much more effectively. He
44 was hoping Andover will be a leader in the North Metro and implement strategies to utilize storm
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 9
1 water effectively as a natural resource. He also believed that implementing techniques in the future
2 with low impact development techniques should be considered. He is requesting an update to the
3 current ordinance to reflect a clear path for residents that work to reduce their storm water run off
4 and receive a credit on their storm water management fee.
5
6 Councilmember Trude stated everyone in the City is charged the Storm Water Management fee and
7 it pays for the entire City's management. Mr. Berkowitz stated that is correct and there is a credit if
8 you can prove your storm water is being contained within the property. A resident can go through a
9 process to prove this and they can waive or reduce the fee.
10
11 Mayor Gamache asked if the City has a way of showing people how to maintain the storm water
12 properly. Mr. Rogers stated that was the problem; the ordinance is not very clear at all. The current
13 ordinance does not even specify a clear path to do that.
14
15 The Council discussed different ways to help with run off containment.
16
17 Mr. Rogers indicated he is not asking the City to make anything mandatory but he would like to see
18 more education being brought to the residents regarding this issue.
019 Motion by Jacobson, Seconded by Orttel, to close the public hearing at 9:00 p.m. Motion carried
20
21 unanimously.
22
23
24 APPROVE AGREEMENT WITH NATIONAL SPORT CENTER
25
26 Councilmember Jacobson stated he did not have a problem with the agreement but wanted to add
27 something to it: "Subject to a legal agreement between the City and the Hockey Association,
28 outlining the Hockey Association's responsibility to pay the costs associated with this agreement."
29 He wanted to add that they hold the City harmless.
30
31 Mr. Dickinson stated it is more for their enforcement purpose. He did not have a problem with it
32 and he thought the Hockey Association is committed to the hours and thought they would be
33 upset if they were taken away. Councilmember Jacobson did not want to take them away but if
34 they do not use or pay for them the City has some way of recouping the costs.
35
36 Mr. Tony Howard, 2119 156tb Avenue, did not think they had a problem with the agreement.
37 Currently they are using another five hundred hours over the two hundred and twenty hours they
38 are seeking so he did not think that would be an issue.
39
o:~ Motion by Jacobson, Seconded by Knight, to approve the agreement with the National Sport
Center. Motion carried unanimously.
42
43
0 Regular Andover City Council Meeting
Minutes - February 6, 2008
Page 10
1 SCHEDULE EDA MEETING
2
3 Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on February 19, 2008 at 6:00
4 p.m. Motion carried unanimously.
5
6
7 ADMINISTRATOR REPORT
8
9 City Administrator Dickinson updated the Council on the administration and city department
10 activities, meeting reminders and miscellaneous projects.
11
12 Motion by Orttel, Seconded by Trude to hold a joint meeting with The Lower Rum River
13 Management Organization on March 13, 2008 at 7:00 p.m. Motion carried unanimously.
14
15 Community Development Director Neumeister updated the Council on development activity in
16 the City.
17
18
~~ MAYOR/COUNCIL INPUT
21 (Stop Sign Vandalism in the City) - Mayor Gamache stated he has noticed stop signs being
22 vandalized and he wondered what should be done. Mr. Dickinson stated residents should call Public
23 Works and they will take care of it as soon as possible.
24
25 The City Council recessed to a closed session at 9:26 p.m. to discuss a stipulation agreement with
26 Northern Natural Gas.
27
28 The City Council reconvened at 9:37 p.m. to adjourn.
29
30
31 Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
32 adjourned at 9:40 p.m.
33
34 Respectfully submitted,
35
36 Susan Osbeck, Recording Secretary
0
0
0 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 / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: February 19,2008
INTRODUCTION
Attached are disbursement edit lists for claims related. to the on going business of the City of Andover.
DISCUSSION
Claims totaling $212,080.24 on disbursement edit lists #1 - 2 from 02/12/08 to 02/14/08 have been issued and
released.
0 Claims totaling $995,266.19 on disbursement edit list #3 dated 02/19/08 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 REOUIRED
The Andover City Council is requested to approve total claims in the amount of $1,207,346.43. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
'oir6r'
Lee Brezinka
Attachments: Edit Lists
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 .(763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Order Plans & Specs/08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well
#10) & 08-14 (Test Well #11) - Engineering
DATE: February 19, 2008
INTRODUCTION
The City Council is requested to order the improvement and direct preparation of plans and
0 specifications for Projects 08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well #10) & 08-14
(Test Well #11).
DISCUSSION
The well proposed at Sunshine Park will be considered a test well. This test well will determine
if there are adverse impacts to surrounding wells in the area including Andover Elementary's
Irrigation Well, City Municipal Wells and Private Wells. If the test pumping rates do not impact
the surrounding wells, the test well will be used to irrigate the entire Sunshine Park complex.
This will save approximately $35,000 to $40,000 annually that is currently paid to the City's
Water Utility from the Park Operations Budget. These funds can go back into park maintenance
where there is a great need and possibly future irrigation wells in other City parks.
The two other proposed test wells will be at 13937 Cottonwood Street (City owned lot) and
Shadowbrook East Park. Refer to the attached Test Well #10 and Test Well #11 Location Map.
These wells will determine if these two sites are feasible to drill future permanent municipal
wells. The test well at Shadowbrook East Park could possibly be utilized for irrigation.
BUDGET IMPACT
The well at Sunshine Park would be funded from a combination of the Parks Operation Budget
for 2008 and Capital Equipment Reserves. The cost estimate for this well is $31,000. This cost
also includes monitoring of the surrounding municipal and private wells.
0 The cost to drill Test Well #10 and Test Well #11 is identified in the Capital Improvement Plan
at $88,000 for the two. This would be funded through the City's Water Trunk: Fund.
0 Mayor and Council Members
February 19,2008
Page 2 of2
ACTION REOUIRED
The City Council is requested to approve the resolution ordering the improvement and directing
preparation of plans and specifications for Projects 08-12 (Sunshine ParklIrrigation Well), 08-13
(Test Well #10) & 08-14 (Test Well #11).
Respectfully submitted,
~Q.
David D. Berkowitz
Attachments: Resolutioni Test Well #10 & Test Well #11 LocationMap /
0
0
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION
OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS.
08-12 (SUNSHINE PARK/IRRIGATION WELU, 08-13 (TEST WELL #10) & 08-14
(TEST WELL #11 ).
WHEREAS, the City Council is cognizant of the need for the improvements;
and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of City Projects 08-12 (Sunshine ParkllrriQation Well),08-13 (Test Well
#10) & 08-14 (Test Well #11); and
BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to
prepare the plans and specifications for such improvement project.
0 MOTION seconded by Council member and adopted by the
meeting this 19th
City Council at a reQular day of Februarv , 2008 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R Gamache - Mayor
Victoria Volk - City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT: Accept Petition/Order Feasibility Report/07-37A/Metropolitan Mosquito
Control/Extension of SS - Engineering
DATE: February 19, 2008
INTRODUCTION
The City has received a petition from the property owner of 1260 Bunker Lake Boulevard NW
(Metropolitan Mosquito Control) requesting the extension of sanitary sewer (see attached
petition), Project 07-37A.
0 DISCUSSION
Metropolitan Mosquito Control District (MMCD) has submitted a petition to extend sanitary
sewer to their site located at 1260 Bunker Lake Boulevard NW. Along with the petition a $7,500
deposit l;J.as been submitted to prepare a feasibility report. Staff has been discussing the
possibility of extending the sewer to the property for the last few months. In the several meetingS
that were held with MMCD the discussion has been the cost and timing to extend the sewer. As
you know they are currently adding an addition to the building. With this addition they are
required to expand their septic system.
At this point, MMCD would like the City to prepare the feasibility report and then determine if
this is something they would pursue this summer or possibly wait until the spring of 2009.
BUDGET IMP ACT
A $7,500 escrow deposit has been collected to cover the cost to prepare the feasibility report.
ACTION REQUIRED
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the extension of sanitary sewer for Project 07-37 A,
Metropolitan Mosquito Control.
;zr-lY~~ .
~().
0 David D. Berkowitz
Attachments: Resolutio~etitio~ Location Map
cc: R. Richard Gauger, Gauger Engineering, Inc., 35 W. Water Street, St. Paul, MN 55107
William J. Caesar, MMCD, 1260 Bunker Lake Blvd. NW, Andover
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE EXTENSION OF
SANITARY SEWER ,PROJECT NO. 07-37A , METROPOLITAN
MOSQUITO CONTROL.
WHEREAS, the City Council has received a petition, dated February 4.
2008 requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The petition is hereby declared to be 100% of owners of property affected,
0 thereby making the petition unanimous.
2. Escrow amount for feasibility report is $7.500.00
3. The proposed improvement is hereby referred to the Citv Enaineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reaular meeting this 19th day of February ,2008, with
Council members voting in
favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael.R. Gamache - Mayor
0 Victoria Volk - City Clerk
07-3'7 A
GAUGER ENGINEERING, INe! ~'uhisg
engmeers
0
35 W. Water Street, S1. Paul, MN 55107 651/227-1748
1--~
I RECEIVED'--
February 4. 2008
FER - 5 200B
Dave Berkowitz. City Engineer QITY OF ANDOVER I
City of Andover
1685 Crosstown Blvd. NW --'
Andover. MN 55304
Re: Proposed Sanitary Sewer
Metropolitan Mosquito Control District
1260 Bunker Lake Blvd. NW
Andover. Minnesota
Dear Mr. Berkowitz:
As the Owner's Representative for the Metropolitan Mosquito Control District.
I have been authorized to request the City of Andover to extend the sanitary
0 sewer along Bunker Lake Boulevard to connect to MMCD site.
We request that a feasibility report be prepared at this time. We have attached
a survey of the subject site for your reference. We have also enclosed our
check for $ 7.500:00 for the feasibility report expenses.
We will determine later if the MMCD wishes to be assessed over a period of
time or will pay the assessment up front.
Sincerely.
!2Iu4 ~ ./L-
R. Richard Gauger. PE
Licensed in the State of Minnesota
cc: William J. Caesar. MMCD
Courtney Bednarz. City of Andover
0
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148th
148th LA N.W.
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Z BUNKER
PROJECT LOCATION
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LOCATION MAP
N FOR
METROPOLITAN MOSQUITO CONTROL
SANITARY SEWER EXTENSION
CITY PROJECT NO. 07-37A
ANDOVER, MINNESOTA
-
~
~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director 0 Public Works/City Engineer-:D'D5
FROM: Todd 1. Haas, Assistant Public Works Director
SUBJECT: Approve City Code Amendment/Section 8-4-1 Park and Recreation Areas
Code/Glass in the City Parks or Park Facility or Recreation Area - Public
Works
DATE: February 19, 2008
INTRODUCTION
The City Council is requested to approve an amendment to the City Code Section 8-4-1 (Park and
Recreation Areas) as recommended by the Park and Recreation Commission.
0 DISCUSSION
As you know, the current language in City Code Section 8-4-1 does not address the issue with glass
in the park, which was discussed with the City Council at their meeting of January 15, 2008. The
. _ Park Commission did hold a public hearing at their last meeting on February 7, 2008 and did not
receive any written or verbal comments regarding the proposed amendment.
ACTION REOUESTED
The City Council is requested to approve an amendment to the City Code regarding glass in the
parkas recommended by the Park and Recreation Commission.
Respectfully submitted,
~:/~
Todd J. Haas
AUachments ,/ ./
Proposed Code Amendment; Summary Ordinance
CC: Dan Masloski, Park and Recreation Commission Chair
0
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE -
AMENDING CITY CODE TITLE 8-4-1 TO CHANGE THE REGULATIONS
REGARDING THE USE AND OCCUPANCY OF GLASS IN THE PARKS
City Code 8-4-1, is hereby amended as follows (underlining indicates new language):
8-4-1: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
P. Glass: No glass containers of any sort will not be allowed in any designated city park
or park facility or recreation area that provides any kind of indoor or outdoor
activities.
All other sections of the City Code shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council ofthe City of Andover on this 19th day of February 2008.
CITY OF ANDOVER
0 ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
--
0
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
AN ORDINANCE AMENDING ANDOVER CITY CODE SECTION 8A-1 TO
CHANGE THE REGULATIONS REGARDING THE USE AND OCCUPANCY OF
GLASS IN THE PARKS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statute 462.
Policy
Section 8-4-1 of Andover City Code contains no language regarding glass in park areas
and needs to be updated so that no glass containers of any sort will be allowed to provide
a safer environment for the public.
0 GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this Ordinance shall apply to the City of Andover.
." -
Enforcement
The Anoka County Sheriff's Department or its designee shall have the authority to
enforce the provisions of this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor ofthe governing body.
A printed copy of this ordinance is available for inspection by any person during regular
hours of the City Clerk.
Adopted by the City Council of the City of Andover on this 19th day of February 2008.
ATTEST: CITY OF ANDOVER
0 Victoria V olk, City Clerk Michael R. Gamache, Mayor
@
0
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
FROM: Captain Tom Wells - Anoka County Sheriff's Office
SUBJECT: Receive Anoka County Sheriff's Department Monthly Report - Sheriff
DATE: February 19, 2008
INTRODUCTION
Captain Tom Wells from the Anoka County Sheriff's Office will be present to provide the
0 Council and the citizens of Andover with an update on law enforcement activities within the
City. Attached is a copy of the January 2008 monthly report.
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
Captain Tom Wells
Anoka County Sheriff's Office
Attachment: January 2008 MontWy Report
0
FEB, 13. 2008 10: 13AM PATROL
NO. 6210 P. 2/3
0 B. CITY OF ANDOVER - JANUARY 2008
Irn<M I JANUARY I DECEMBER I I
JANUARY I
ITD 2008
YTD 2007
Radio Calls 733 745 733
757
.
Incident Reports 768 684 768
844
Burglaries 5 8 5
9
Thefts 38 32 38
49
Crim.Sex Condo 1 3 1
2
Assault 5 1 5
13
Darn to Prop. 21 14 21
32
Harr. Comm. 14 15 14
10
Felony Arrests 27 6 27
2
Gross Mis. 13 2 13
4
0 Misd. Arrests 91 62 91
48
DUI Arrests 10 14 10
13
Domestic Arr. 5 4 5
5
Warrant Arr. 22 7 22
6
Traffic Arr. 312 166 265
197
DUI OFFENSES:
DAY
OF Sunday Monday Tuesday Wednesday Thursday
Friday Saturday
WEEK:
TIME: 0219 2355 1929 0033 0147
0120
2026
0143
0219
0533
0
F E B, 13. 2 008 1 0 : 14 AM PAT RO L NO. 6210
p, 3/3
0 C. CITY OF ANDOVER - JANUARY 2008
COMMUNITY SERVICE OFFICER REPORT
Irrm I JANUARY I DECEMBER I I JANUARY
I
YTD 2008
YTD 2007
Radio Calls 121 132 121 141
Incident Reports 113 97 113 67
Accident Assists 6 32 6 18
Vemcle Lock Out 31 47 31 36
Extra Patrol 151 129 151 167
House Checks 12 7 12 3
Bus, Checks 74 19 74 20
Animal CampI. 51 26 51 33
Traffic Assist 17 17 17 4
0 Aids: Agency 155 140 155 124
Aids: Public 92 65 92 41
Paper Service 0 0 0 0
Inspections 0 0 0 0
Ordinance Viol. 0 0 0 0
0
@J
0
1685 CROSSTOWN BOULEVARD NW. . 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-:jp
FROM: Captain Tom Wells, Sheriff's Department:1jv
SUBJECT: Consider Code Amendment/Regulating Ultimate Fighting/Adding section 3IB-12 to City
Code - Sheriff
DATE: February 19, 2008
INTRODUCTION
The Sheriff's Department presented this information to the City Council on January 22, 2008 and they
authorized it to be discussed at a public hearing before the Planning Commission. This has been raised by the
Sheriff's Department as a concern because occurrences of ' -'ultimate fighting" have been increasing in the area.
DISCUSSION
0 The occurrence of more "ultimate fighting" among young people needs a code section to allow law
enforcement officers to break up an event before it gets too far along. About a year ago, the City passed a code
amendment to outlaw "ultimate fighting" in a licensed establishment that serves liquor (see attached).
However the need to prevent this type of fighting goes further than outlawing it in bars or restaurants that serve
liquor. Again, reports have come in that youth are engaging in "ultimate fighting" in parks and on other public
land. Both the cities of Lino Lakes and Blaine have adopted similar codes to guard against this type of
behavior occurring in their cities (see attached examples). To help law enforcement personnel stop this from
becoming a greater problem, a code change is being proposed (see attached).
Planning Commission Recommendation
The Planning Commission held a public hearing and discussed the proposed code amendment. They
unanimously recommended approvaL
ACTION REOUESTED
The Council is asked to approve or deny the requested code amendment to regulate ultimate fighting.
Respectfully submitted,
Tom Wells ~
Attachments:
Lino Lakes & Blaine sample code sections
Existing Andover Code (outlawing "ultimate fighting" in liquor establishments)
Proposed Code Amendment
0 City Council Workshop Minutes (Jan. 22, 2008)
Planning Commission Minutes (Feb. 12, 2008)
..~.IL. : I - \-__ . l::"- . f J,.,,:'{ f.
kfl?:1 t.JL~~o/ . ~V: llELf ~-;:...-
0 Wahl, Mike
From: Wayne Wegener [wayne.wegener@cLIino-lakes.mn.us]
Sent: Tuesday, October 30,200712:16 PM
. nT.9:__ ..\lYahILMi!5IL . - - - - - - - - -- -- -- ------ - -- - - -- - - - - - - - - ---- - ----- -. -
----- -- -- -- - . -- - --- ~-._--
Subject: Ultimate fighting
Mike,
The following was taken from our ordinance that was passed at our last council meeting and will be
implemented in early November:
CHAPTER 509. ULTIMATE FIGHTING
509.01 DEFINITION AND PURPOSE
Ultimate fighting is' any activity, regardless of how named or described. or any form of
entertainment, where the primary practice involves individuals engaged in physical contact by
striking an opponent with hands, head, feet or body. This shall include, but not be limited to,
any contest where kicking, punching, martial arts, or submission holds are permitted. The City
Council finds that the practice of ultimate fighting is dangerous and puts individuals and the
public health, safety and welfare at great risk.
0 509.02 PROHIBITED CONDUCT
It shall be unlawful in any public or private building or place to organize, permit, be present at,
or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing,
martial arts, wrestling and team sports in which physical contact is incidental to the primary
purpose of the game such as hockey, basketball, volleyball, soccer, baseball and softball, are
not included among activities prohibited by this section.
Wayne J. Wegener Jr.
Uno lakes Police Department
Patrol Officer
Phone: 651.982.2300
Fax: 651.982.2399
0
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N'\;;' ~ ,. """
0
CITY OF BLAlNE
ORDlNA.~CE NO. 07-2142
AN ORDINAJotlCE ADDING DIVISION 4, SECTION 50.155 TO ARTICLE
Ill, CHAPTER 50 OF THE MUNICIPAL CODE OF THE CITY OF
BLhJNE, REGULATING ULTIMATE FIGHTING WITHL'I THE CITY
OF BLAINE, MINNESOTA.
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted
portions are shown in brackets with overstrike.)
DIVISION 4. ULTIMATE FIGHTING
Sec. 50.155. ULTIMATE FIGHTING.
(a) Defmition and pur:pose. Ultimate fightine: is any activity. regardless of how
0 named or described. or any form of entertainment. where the primary practice involves
individuals engaged in physical contact by strikine: an opponent with hands. head. feel or body.
This shall include. but nOl be limited lo. any contest where kickine:. Dunchine:. martial arls. or
submission holds are permitted. The City Council finds that the practice of ultimale fightine: is
dane:erous and puIs individuals and the public health. safety and welfare at !ITeat risk.
(b) Prohibited conduct. It shall be unlawful in any public or private buildine: or place
to ore:anize. permit. be present at. or to participate in the practice of ultimate fightine:. Offici all v
sanctioned and reeulated boxing:. martial arts. wrestline: and team sports in which physical
contact is incidental to the primary puroose of the game such as hockey. basketball. vollevball.
soccer. baseball and softbalL are not included amone: activities prohibited bv this section.
INTRODUCED AND READ in full the 19th day of July, 2007.
PASSED by the City Council of the Cily of Blaine this 2nd day of August, 2007.
Tom Ryan, Mayor
A ITEST:
Jane M. Cross, CMC, City Clerk
0
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0 CITY OF ANDOVER
COUNTY OF ANOKA..
STATE OF MlNNESOTA
- -- - -- - --- ORDJNAN(;~~Q. _
AN ORDINANCE AMENDThlG TITLE 3 (Section 3-1B-12) OF THE CITY CODE
SPECIFYING CONDmONS OF A LIQUOR LICENSE Thl THE CITY OF ANDOVER .
'WHEREAS, The City Code has been reviewed and Title 3 is in need of updating to prevent.
'1J1timate Fighting" or similar fight venues at or adjacent to establishments where liquor is
sold. The amendment affects regulations in Title 3 of the City Code.
NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
ANDOVER HEREBY ORDAINS:
Section 3-1B-12 of Code of the City of Andover is hereby amended to add the following
condition related to liquor licenses:
K. No licensee shall permit in anv licensed establishment. or anv adioining property owned
0 or leasedbv the licensee. any boxiM:. wrestliru!.. or any other form of entertainment whose
primarv purpose is phvsical contact bv strikinp' or toucbim!: an opponent with hands. feet. or
body. Team sports in which phvsical contact is incidental to the primarv purpose of the
game such as basketball. volleyball. soccer. football. baseball. hockey. and softball are not
included amone: activities prohibited bv this section.
All other sections of the City Code shall remain as written and adopted by the City Council
of the City of Andover.
Adopted by the City Council of the City of Andover on this 5th day of September, 2006.
CITY OF ANDOVER
ArrEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
0
-2- -
;t l'f/CdP~l\ ~
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. -
AN ORDINANCE ADDING SECTION 8 TO TITLE 5 OF THE CITY CODE
REGULATING ULTIMATE FIGHTING IN THE CITY OF ANDOVER
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Title 5, Section 8 of Code of the City of Andover is hereby added as follows (added portions
are underscored):
Title 5
Section 8
Definition and puroose: Ultimate fililiting is an activity. regardless of how named or
described. of any form of entertainment. where the Primary practice involves individuals
engaged in phvsical contact by striking an opponent with hands. feet or body. This shall
include. but not be limited to. any contact where kicking. punching. martial arts..or
submission holds are permitted. The City Council finds that the practice of ultimate fighting
0 is dangerous and puts individuals and the public health. safety and welfare at great risk.
Prohibited conduct. It shall be unlawful in any public or private building or place to
organize. permit. be present at. or to participate in the practice of ultimate fighting.
Officially sanctioned and regulated boxing. martial arts. wrestling: and team sports in which
physical contact is incidental to the primary pUl:pOse of the game such as hockey. basketball.
volleyball. soccer. baseball and softball. are not included among activities prohibited by this
section.
All other sections of the City Code shall remain as written and adopted by the City Council
of the City of Andover.
Adopted by the City Council of the City of Andover on this _ day of ,2008.
CITY OF ANDOVER
ATIEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
0
0 Special Andover City Council Workshop Meeting
Minutes -January 22,2008
Page 5
~ B.. ULTIMATE FIGHTING
Captain Tom Wells explained that this request was generated from the schools because of situations
that they have identified as problems, and they thought that this ordinance would be helpful in
dealing with the problem. He stated that mostly students have been gathering together as a group
and watching and/or participating in contest style fighting. He reported that the students are mostly
from the high school, although some of the students are from the middle school. He stated that the
information they gathered came from the school resource office at Andover High School. He stated
that the students gather at the area under the railroad bridge overpass for the fights and officers have
found videos of the fighting on You Tube. He explained that other cities have dealt with the issue
with an ordinance and found it helpful, and more of a preventative action. He stated that under
assault it is easy to deal with the fighters, but explained that the ordinance would address the
spectators as well. He explained that it would be more of a proactive action for Andover, as it is not
a huge problem at this point.
City Administrator Dickinson stated that he does not hear any opposition on the ultimate fighting
concept. He questioned if any changes needed to be made to the ordinance.
0 Councilmember Jacobson questioned the concept of the ultimate fighting, as it pertained to ultimate
fighting being held in a public or private building or even being present at the event. He stated that
when a real problem is identified, such as meth, the City should step in, but if someone wants to do
something in his or her own basement they should be allowed to do that.
Councilmember Trude stated that right now there is a licensing issue because ultimate fighting
usually goes together with liquor being served, but questioned how far the City should go in
regulating people's lives.
Councilmember Knight stated that these kids are usually doing this on the streets and it is being put
up on You Tube.
Councilmember Jacobson stated that he would like to see a few words changed on this ordinance.
Councilmember Orttel stated that he does not have an issue prohibiting ultimate fighting in a private
building.
Councilmember Trude stated that she has not heard of ultimate fighting being a problem and would
like to hear more information from the high school. She added that she would like to see the revised
ordinance again before it goes before the Planning and Zoning Commission.
0 The consensus of the Council was that staff should revise the Ultimate Fighting Ordinance and bring
it back before the Council prior to the review of the Planning Commission.
0
PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 12,2008
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on February 12, 2008, 7:0_ p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff,
Michael Casey, Valerie Holthus, Devon Walton, Douglas
Falk and Dennis Cleveland.
Commissioners absent: There were none.
Also present: City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Others
0
APPROVAL OF MINUTES.
January 22, 2008
Motion by Kirchoff, seconded by Walton, to approve the minutes as presented. Motion
carried on a 7-ayes, O-nays, O-present, O-absent vote. .
PUBLIC HEARING: CONSIDER ULTIMATE FIGHTING ORDINANCE.
Mr. Bednarz stated Captain Tom Wells, Sheriff's Department presented information to
the City Council on January 22, 2008 and they authorized it to be discussed at a public
hearing before the Planning Commission. This has been raised by the Sheriff's
Department as a concern because occurrences of ''ultimate fighting" have been increasing
in the area
Captain Wells reviewed the Ultimate Fighting Ordinance with the Commission.
Commissioner Kirchoff asked what ultimate fighting versus school yard fighting was.
Captain Wells indicated what they were looking at was more planned events, not
0 necessary two kids mad at each other. These are planned events and kids gather to watch
Regular Andover Planning and Zoning Commission Meeting
Minutes - February J 2, 2008
0 Page 2
them and video tape them and place them on the internet. He stated there could also be a
prize in it for the winner. He stated it is the organization of it that they are looking at.
Commissioner Walton asked if the ultimate fights at establishments would also be
regulated or stopped. Captain Wells stated that is not addressed in this ordinance. This
ordinance is for events that are not held in a facility like that. He stated the City has the
means to deny a permit for an establishment.
Chairperson Daninger asked what the difference was between this and a disorderly
conduct. He asked if the intent of the ordinance is also to say "present, participate, host"
gives it a little more teeth to go after the people who organize it so they realize they are as
much at fault. Captain Wells indicated that was correct.
Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:10 p.m. Motion
carried on a 7 -ayes, O-nays, O-present, O-absent vote.
Motion by Walton, seconded by Casey, to close the public hearing at 7:10 p.m. Motion
carried on a 7-ayes, O-nays, O-present, O-absent vote.
Commissioner Walton wondered if this was too broad or does it cover an event that is
0 officially sanctioned. Mr. Bednarz stated the City has adopted an ordinance prohibiting
ultimate fighting at commercial establishments previously. This would be other areas of
town.
Motion by Walton, seconded by Falk, to recommend to the City Council approval of the
Ultimate Fighting Ordinance as written.
Commissioner Kirchoff stated he supported this but wanted to make sure they do not
distinguish incidental school yard fighting.
Chairperson Daninger stated he would like to have an update on this in a year to see how
it is going.
Motion carried on a 7-ayes, O-nays, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 19,2008
City Council meeting.
PUBLIC HEARING: PERMITTED, CONDITIONAL AND PROHIBITED USES
(CHAPTER 12-12) TO ADD CHURCHES AS A CONDITIONAL USE IN THE
SHOPPING CENTER ZONING DISTRICT.
,
0 Mr. Bednarz stated the Coon Rapids United Methodist Church has requested that they be
allowed to locate a church in the Hanson Commons IT Shopping Center Currently the
@
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.AN7R.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrat ent Director ~
Will Neumeister, Community Deve 0
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider Code Amendment/Chapter 12-12/Adding Churches as a Conditional Use in the
Shopping Center Zoning District - Planning
DATE: February 19, 2008
INTRODUCTION
The Coon Rapids United Methodist Church has requested that they be allowed to locate a church
in the Hanson Commons II Shopping Center. Currently the City Code allows churches as a r
conditional use in each of the residential zoning districts and the Limited business Zoning
District. The proposed site is zoned Shopping Center (SC). An amendment to the City Code
would be necessary to allow the proposal to move forward.
DISCUSSION
0 The Council discussed this request at the January 22nd Work Session and suggested that this
amendment be scheduled for a public hearing. A public hearing was held by the Planning
Commission on February 12th. The minutes of the meetings are attached.
Potential Districts/Locations
Staff has suggested adding churches as a conditional use only to the Shopping Center District.
This would limit the additional potential locations to the Hanson Commons and Downtown
Centers and continue to prohibit their location in Neighborhood Business and General Business
Districts (see attached map).
Conflict with Liquor Control Ordinance
The City Code requires establishments that serve alcohol to be located a minimum of 400 feet
away from churches. The Planning Commi~sion was concerned that this amendment may
prevent new businesses from opening in the Shopping Center Zoning District. Staff indicated to
the Planning Commission that a variance may be an option. After further review of the Liquor
Control Ordinance, although the 400 foot setback is a local requirement, this section of the City
Code does not contain a provision for variances. If this issue should arise in the future, the
Council may need to entertain an amendment to the Liquor Control Ordinance if it is interested
in allowing a church and an establishment that serves alcohol in close proximity to one another.
Other Issues to Consider
0 The size of a church, the types of activities that would be conducted and the details of the
location will be key factors to consider in reviewing this type of request. With this information,
the city can determine the adequacy of parking, potential conflicts, appropriate site
improvements and other relevant factors.
0 Conditional Use Permit Review
Through the conditional use permit process the city will have the ability to determine if a
proposal is appropriate for a proposed location. Ifthere are factors indicating that a proposal
would not be appropriate, a conditional use permit could be denied based on findings generated
from this review. If a proposal is found to be appropriate, reasonable conditions and periodic
review would be able to be added to the approval of the conditional use permit as necessary.
Letters of Support
Staff received 30 letters of support from Andover Residents, 8 letters from businesses in the
Hanson Commons I and II Shopping Centers and 48 letters from members of the church that do
not live in Andover. Due to the volume ofletters, they will be brought to the meeting to make
them available for review, but will not be photocopied into the report.
Historical Note -
Churches were a conditional use in all residential districts and a permitted use in the Limited
Business (LB) Zoning District in the original Grow Township Zoning Ordinance. Churches
were changed to a conditional use in the LB zoning district on July 18, 2000. Records do not
provide any discussion specific to this change. Staff suggests that the change was made to allow
the type of review described earlier in this report.
Planning Commission Recommendation
0 The Commission unanimously recommended approval of the proposed amendment to the City
Code.
ACTION REOUESTED
The Council is asked to approve or deny the proposed amendment to the City Code.
Attachments
Proposed City Code Amendment
Shopping Center Zoning District Locations
Council Work Session Minutes
Planning Commission Minutes
Cc: Pastor Reinhart Coon Rapids United Methodist Church 10506 Hanson Boulevard NW
Coon Rapids, MN 55433
0
-2--
0
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. -
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 12: PERMITTED, PERMITTED ACCESSORY,
CONDITIONAL, AND PROHIBITED USES
Permitted, Permitted Accessory,
Conditional, and Prohibited Zoning Districts
Uses
R-1 R-2 R-3 R-4 R-5 M-1
M-2 GR LB NB SC GB I
Churches C C C C C C
C C C
0
Adopted by the City Council of the City of Andover on this _ day of
,2008.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
.
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-3-
,^ND6VE~
Incorporated
Two Locations of the Shopping Center Zoning District
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Location Map
Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 6
)- CHURCH IN SHOPPING CENTER ZONE - PLANNING
City Planner Courtney Bednarz advised that a church is asking to go into the Hanson Common
Center, and the City currently limits churches to residential districts. He explained that the Council
could amend the code to allow the church into one or more commercial districts. He reported that
the key item would be parking and the church believes that if there was not sufficient space at the
shopping center they could come to an agreement with Oak View Middle School to use their lot
across the street as well.
Councilmember Trude questioned ifthe parking was calculated by square footage and ifthey would
be short on parking just based on the formula.
Mr. Bednarz replied that the parking is based on the formula, but the parking for the shopping center
is never more than half full.
Councilmember Jacobson stated that the building was built for a shopping center and questioned if it
currently meets fire codes.
0 Mr. Bednarz replied that they may have to modify the doors, but it would have to meet the fire codes.
Councilmember Trude stated that the issue is that when a church has an assembly or gathering the
parking is usually really intense during that session but they would still need to follow codes.
Councilmember Jacobson stated that a shopping center really is not designed for a church use, and
questioned why they are not looking into other public facilities such as schools or community
centers.
Bill Reinhart, an associate pastor at United Methodist Church, stated that this would not be a
relocation of their church. He explained that rather than growing bigger in Coon Rapids, the church
has decided to grow more into Andover and is looking for a building where they can gather. He
stated that in the school the church is holding a service, but it is not visible to the public. He
explained that they would like to be visible and serve the public in a community way. He advised
that the primary service would be held on Sunday. He advised that the only changes that would need
to be made to the building would be the removal of a segment of wall and to install the remainder of
the floor covering.
Councilmember Trude questioned the square footage of the area.
Mr. Reinhart replied that it is the largest space in the center at 2,600 square feet. He explained that
0 the cost to rent this space is higher, but also explained that the cost for a church to rent a school is
also quite high. He stated that since a church does not exclusively serve youth they have the second
highest fee for rental of schools. He stated that the leased space in the center would cost twice as
much as the rental of the school, but the church is also getting 24-hour access to the space for after
school activities and other programs. He stated that they have had a positive response from other
-s-
Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 7
businesses in the center, both Chanticlear and the coffee shop have positive outlooks on the church
leasing that space.
Councilmember Trude brought the subject of parking up again and questioned ifhe is not worried
about families finding adequate parking for the services.
Mr. Reinhart felt that there would be sufficient parking for the services. He added that there are
three meeting spaces in the area they can use as classrooms and also handicap bathrooms. He
explained that the church would never be at full capacity when the shopping center is busy. He
explained that for bible study there are groups of 30 people and peak occupancy for services would
be from 8 a.m. to 12 p.m. He advised that the first business to open would be the tanning salon at 10
a.m., which does not require a lot of parking.
Councilmember Trude stated that Subway also receives a lot of business from local sporting events.
She questioned if they are counting all the spots for the shopping center for the church.
Mr. Reinhart agreed that there might be more congestion from 11 a.m. to 12 p.m. for Subway.
0 Councilmember Orttel questioned if the management of the shopping center had given the church
permission to use the parking. He stated that there would be more than enough spots in the lot and
the division between businesses is up to the management of the site.
Mr. Reinhart explained that the church sees this space as a stepping stone and not along-term space.
He stated that the owner of the shopping center is willing to write a three year lease for the space,
and they hope to get enough momentum in the community in that three years to then move to the
next level in Andover. He explained that it would be hard to do that without a permanent visible
location.
Councilmember Knight questioned what type of sign the church would have.
Mr. Reinhart replied that they would conform to whatever signage the shopping center uses. He
explained that a church is a service, just like the other buildings in the shopping center.
Councilmember Jacobson stated that he does not think that a church should permanently be in a
shopping center, but has no problem with the temporary use.
Councilmember Orttel stated that if a shopping center were designed for a church he would not have
a problem with the permanent use either. He questioned if a church could be within 1,000 feet of a
liquor store, and also ifthere will be a problem when the proposed restaurant is built in that area.
0 Mr. Bednarz advised that it would be within 1,000 feet.
Mr. Dickinson advised that it would not be a problem.
-L,-
0 Special Andover City Council Workshop Meeting
Minutes - January 22, 2008
Page 8
Councilmember Trude believed that the Council should look at the code.
Councilmember Jacobson advised that the Council could always do a waiver for the restaurant.
Mr. Bednarz questioned if the Council wanted to address the temporary nature in-the use or via a
conditional use permit. He advised that the Council may be better off addressing it in the conditional
use permit because then it is just that one church that is allowed specifically.
Councilmember Orttel advised that they should send this to the Planning Commission and have it
reviewed as a conditional use permit.
Councilmember Trude questioned if the church was successful would they be able to break the lease
early.
Mr. Reinhart advised that the lease is very easy to terminate. He explained again that they do not
want to take their Coon Rapids parish over to Andover, they just want to start another parish in
Andover.
0 Councilmember Knight questioned when the church would like to start.
Mr. Reinhart advised that the space is open for lease right now and the concern that the church has is
that it will be leased to another business. He eXplained that the church has been working the last year
to develop relationships with the business owners in the shopping center and have made a foothold in
the community. He stated that their intention is not to go into the shopping center and just look after
their own interests.
Councilmember Trude advised that they might want to consider the other types of businesses that
could come into the shopping center, as it may effect whether they would want to be there.
Mr. Reinhart reported that with their occupancy the shopping center will be full and the leases for the
other businesses are longer than that of the church. He advised that he lives a couple blocks away
from the shopping center and has a vested interest in that community as well.
The consensus of the Council was to send this issue to the Planning Commissionfor review at their
next meeting.
CE REFERENDUM/COMMISSION UPDATE - PLANNING
Mr. Bednarz advised that t e ission helped to update the Comprehensive Plan, worked with
0 the conservation district, and also create
Councilmember Jacobson questioned why item nine, regarding pu cess, was so far down on the
list as he thought that would be an item that the Commission would really co
~7-/
Regular Andover Planning and Zoning Commission Meeting
Minutes - February 12, 2008
0 Page 3
PUBLIC HEARING: PERMITTED, CONDITIONAL AND PROHIBITED USES
(CHAPTER 12-12) TO ADD CHURCHES AS A CONDITIONAL USE IN THE
SHOPPING CENTER ZONING DISTRICT.
Mr. Bednarz stated the Coon Rapids United Methodist Church has requested that they be
allowed to locate a church in the Hanson Commons II Shopping Center Currently the
City Code allows churches as a conditional use in each of the residential zoning districts
and the Limited business Zoning District. The proposed site is zoned Shopping Center
(SC). An amendment to the City Code would be necessary to allow the proposal to move
forward.
Commissioner Kirchoff asked what types of businesses cannot be located near a church
in Andover. Mr. Bednarz stated typically any establishment that serves alcohol is to be
located at least one thousand feet from churches and schools. Note: Staff subsequently
identified that the distance is 400 feet for churches (see report).
Commissioner Kirchoff thought by allowing a church to be located at a shopping area, it
precludes there be a liquor establishment there. Mr. Bednarz stated if there is already an
establishment operating in the building or vicinity it would not affect their license or
approval that preceded it.
0 Commissioner Kirchoff asked what if a shopping center was still developing and looking
for tenants and one would like to come in that serves or sells liquors, would they have a
problem. Mr. Bednarz stated that would need to be addressed by the City.
Commissioner Kirchoff asked if a church is renting a property, does the owner still pay
property tax or does it become exempt property in the commercial district. Mr. Bednarz
stated it was his understanding the owner of the center would continue to pay taxes as a
commercial entity.
Commissioner Kirchoff thought if there is a way to word the code or CUP approval so
the owner could have both a church and a establishement that serves alcohol. He did not
think this change should be an impediment to development.
Mr. Bednarz stated the owner needs to allow a church to lease the space and is making a
decision at that point.
Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:20 p.m. Motion
carried on a 7-ayes, O-nays, O-present, O-absent vote.
Mr. Bill Reinhart, 1478 154th Avenue N.W., stated they would be in favor of doing
anything possible to accommodate liquor licenses and would not be an issue to them as a
0 church.
Regular Andover Planning and Zoning Commission Meeting
Minutes-February 12,2008
0 Page 4
Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:24 p.m.
Commissioner Holthus asked if staff had the letters of support for this item and wondered
if the Commission wanted to review them before making a motion. Mr. Bednarz stated
he did have the letters. Chairperson Daninger did not think review of the letters was
necessary. Mr. Bednarz stated they received nineteen letters of support from Andover
residents, seven tenants within Hanson Commons I & II in support and forty-seven letters
from people who do not live in the community and presumably members of the church.
Motion carried on a 7-ayes, O-nays, O-present, O-absent vote.
Commissioner Kirchoff asked if the amendment would include anything like an asterisk
that states "requires a waiver of any inconsistencies with one thousand foot distance."
Mr. Bednarz stated the proposed code amendment does not contain any of that language.
Commissioner Kirchoff asked if it could and wondered if he could offer the added
language as a part of the motion.
Commissioner Falk wondered if it would be in the CUP. Commissioner Kirchoff thought
that may be a better place to put it.
Motion by Kirchoff, seconded by Walton, to recommend to the City Council approval of
0 the Permitted, Conditional and Prohibited Uses (Chapter 12-12) to add churches as a
conditional use in the Shopping Center Zoning District as presented. Motion carried on a
7 -ayes, O-nays, O-present, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 19,2008
City Council meeting.
PUBLIC HEARING: CONDITIONAL USE PERMIT (08-01) TO ALLOW COON
RAPIDS UNITED METHODIST CHURCH TO BE LOCATED IN THE HANSON
COMMONS II SHOPPING CENTER LOCATED AT 1574 154TH A VENUE NW.
Mr. Bednarz stated the Coon Rapids United Methodist Church has requested that they be
allowed to locate a church in the Hanson Commons II Shopping Center. A proposed City
Code amendment would allow this as a conditional use in the Shopping Center (SC)
Zoning District.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Cleveland stated staff indicated there are no technical issues with this. He
wondered if that meant items like fire codes and entrances and exits and requisite floor
space for the number of people. Mr. Bednarz stated the church will need to submit a
0 building permit application for modifications to the interior.
@
i 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrat
Will Neumeister, Community Develop
FROM: Courtney Bednarz, City Plann&t
SUBJECT: Consider Conditional Use Permit (08-01)/Coon Rapids United Methodist Church/1574-
I 54th Ave. NW - Planning
DATE: February 19, 2008
INTRODUCTION
The Coon Rapids United Methodist Church has requested that they be allowed to locate a church
in the Hanson Commons II Shopping Center. A proposed City Code amendment would allow
this as a conditional use in the Shopping Center (SC) Zoning District.
DISCUSSION
The church has provided the attached letters to summarize how the space within the shopping
0 center would be used. In speaking with Pastor Reinhart, he indicated that one service per Sunday
would be held and that it may be possible to expand to a second service in the future. The letter
indicates that activities are being considered for other days and times during the week. These
activities would be limited to small groups. The church is seeking a temporary presence in the
shopping center and has a goal of moving to a local school within three years.
Parking
Small shopping centers like Hanson Commons are required to have one parking stall per 250
square feet of gross floor area. Parking ratios for individual uses are not used, even though the
ratio for restaurants is higher. There are several reasons for this, briefly:
1. Gross floor area is used for the shopping center ratio. Storage and other dead space is
removed from individual use ratios.
2. All of the businesses will not be at full capacity at the same time and the same people
may patronize more than one establishment in the center during their visit.
Assuming the rest ofthe center is operating at full capacity, 54 stalls would remain for the
church. The letter indicates that 140 people or approximately 93 vehicles will attend the Sunday
service. In speaking with Pastor Reinhart, he indicated that this is a high estimate, equating to
only 1.5 persons per vehicle. The city requires one parking stall for every three persons for
churches or 47 stalls for 140 people. Staff estimates that the maximum occupancy of the space is
approximately 190 people which would require 63 parking stalls.
0 Pastor Reinhart has indicated that the service will only be held on Sunday mornings and an
agreement with the Oak View Middle School can be reached to allow for overflow parking. The
amount of parking directed to the middle school could be adjusted to prevent conflicts with the
needs of other businesses in the center. He also indicated that the church would advise members
0 not to park on the local streets in the neighborhood.
Tenant Parking Request
The Andover Animal Hospital has requested that some spaces near the front of this tenant space
be signed for their use only. This business is next to the one proposed to be leased by the church.
The intent is to reserve some stalls close to. the entrance for pet emergencies. Staff spoke with
the tenant and owner ofthe shopping center. The owner will accommodate the needs of the
tenant.
Letters of Support
Staff received 30 letters of support from Andover Residents, 8 letters from businesses in the
Hanson Commons I and II Shopping Centers and 48 letters from members of the church that do
not live in Andover. Due to the volume of letters, they will be brought to the meeting to make
them available for review, but will not be photocopied into the report.
Staff Recommendation
Staff recommends approval of the conditional use permit subject to the conditions in the attached
resolution. These conditions are as follows:
1. The applicant provide a copy of the parking agreement with Oak View Middle School to
the city.
2. The church shall ensure that visitors do not park on local streets in the surrounding
neighborhood.
3. The permit shall be subject to review if conditions that are detrimental to the Hanson
0 Commons II Shopping Center or the surrounding neighborhood can be documented.
Such review shall focus on mitigating the detrimental conditions. If resolution of the
issue cannot be achieved, the Council may choose to revoke the conditional use permit.
4. The conditional use permit shall expire four years from the date of approval by the City
Council.
Planning Commission Recommendation
The Commission unanimously recommended approval of the proposed conditional use permit.
The discussion included some concern that noise from either the church or pet hospital could
affect each other. Pastor Reinhart indicated that they would monitor the sound level to prevent
this from becoming an issue.
ACTION REQUESTED
The Council is asked to approve or deny the conditional user permit.
Attachments
Proposed Resolution
Location Map
Hanson Commons II Site Plan
Applicant's Letters
~ C~mmi"ion Minute,
0 p~
Cc: Pastor Reinhart Coon Rapids United Methodist Church 10506 Hanson Boulevard NW
Coon Rapids, MN 55433
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF
COON RAPIDS UNITED METHODIST CHURCH TO LOCATE A CHURCH IN THE
HANSON COMMONS II SHOPPING CENTER LOCATED AT 1574 154TH AVENUE NW.
LEGALLY DESCRIBED AS:
Lot 1, Block 1, Chesterton Commons 4th Addition, Anoka County, Minnesota.
WHEREAS, Coon Rapids United Methodist Church has requested a Conditional Use Permit as
described above, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code and would not have a detrimental effect upon the
health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Conditional Use Permit request, and;
0 NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit for a church to be located on said property with the following conditions:
1. The applicant shall provide a copy of the parking agreement with Oak View Middle
School to the city.
2. The church shall ensure that visitors do not park on local streets in the surrounding
neighborhood.
3. The permit shall be subject to review if conditions that are detrimental to the Hanson
Commons II Shopping Center or the surrounding neighborhood can be documented.
Such review shall focus on mitigating the detrimental conditions. If resolution of the
issue cannot be achieved, the Council may choose to revoke the conditional use permit.
3. The conditional use permit shall expire four years from the date of approval by the City
Council.
<\dopted by the City Council of the City of Andover on this _day of ,2008.
CITY OF ANDOVER
0 ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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. ~ndove.r Coon Rapids United Methodist Church
10506 Hanson Blvd. NW
Coon Rapids, MN 55433
United Methodist Church 763-755-6990
I
Coon Ra~\o." Mark Miller, Senior Pastor B ill Reinhart, Associate Pastor I
.
December 17, 2007 t
i
To: Andover City Council .
(
Attn: Mr.Courtney Bednarz
~
re: Hanson Commons Permitted Usage I
~
.
.
.
.
Dear Council .
I
Coon Rapids United Methodist Church is seeking to establish a temporary second campus of l
our church in Andover and is currently seeking an amendment to city code regarding permitted uses I
for leased space in the Hanson Commons shopping center. The space currently under consideration i
is the comer site formally occupied by Budget Blinds (the south parking lot, the storefront closest to
154th ave NW). In speaking with Mr. Dan Fairbanks (the property owner) and Mr. Courtney .
i
Bednarz, it is our understanding that an amendment to city code would be required for our usage. t
f
.
The proposed usage is as follows: .
[
0 The purpose of the space would be to serve the Andover community through a leased space I
.
until this new church community grows to sufficient size to warrant using public school space, or [
,
until our 3-year lease has expired, after which we will re-evaluate our outreach strategy. We .
r
propose using the existing storefront with only minimal design changes (removing one interior wall, ;
.
finishing the remaining flooring). The peak usage of the space would be for Sunday morning
worship between the hours of 8am and noon.
We have carefully considered the floor plan of the available space, parking lot space, and the
schedules of other tenants. Of the current Hanson Commons tenants, only five of them hold regular
Sunday hours, three of them in the South lot. Of these, one opens at lOam (FunTanTastic), with
Subway and ChopStix opening at llam. We believe that given our expected maximum worship
attendance (140 people per service, or approximately 93 cars), there are ample parking spaces in the
South and North lots (approximately 183), sufficiently away from the open restaurants and the
A TM as to not present a problem for these businesses. In fact, we expect the extra traffic to
positively impact those businesses serving food. A similar situation exists for Saturday nights,
another possible peak usage time. We would furthermore pursue an agreement with Oakview
0 Elementary School to use the east portions of their parking lot for any overflow parking for special
Leading people to Jesus... Growing believers into disciples! www.coonrapidsumc.org
I
. events. There would be no on-street parking, and we would work closely with the other tenants in
.
scheduling events. J
. I
In addition to Sunday morning worship, our church leaders have also discussed offering family
friendly programs such as after school groups, puppet programs, and of course, practical bible
E
studies. Attendance for these events would likely be considerably smaller than what we anticipate ,
for Sunday mornings. ~
~
Our church is not new to the Andover area, with approximately 10% of our membership and I
i
f
over half our staff coming from Andover. I will be serving as the lead pastor at the Andover site and
f
am currently an Andover resident (1478 154tb Ave NW), so I am well aware of the general
happenings of the neighborhoods around the Hanson Commons. In addition, in recent months Coon
Rapids United Methodist Church has offered several services to the people of Andover, including a .
I
I
door-to-door power tool giveaway, a variety of FunF est events, such as puppet shows and family
I
crafts (the mini-tent craft was especially popular), a school supply giveaway in the South Hanson
Commons lot, a study on love and marriage held in the Andover City Hall, and most recently, a
I
Halloween "Trunk-Or- Treat" event sponsored by the other tenants of Hanson Commons. We
believe that using this leased space is the best stepping stone for our plan to continue to grow in our
service to Andover, allowing us to have the 24/7 presence in the community that a public school
0 space would not allow. Because of the high cost of leased storefront space, we would seek to use I
.
space in a public school to hold our worship services after the initial three years, or earlier if growth I
I
permits, i
.
We would appreciate a chance to talk through our proposal with the Andover City Council at ,
.
.
your earliest convenience. Because this property is currently vacant and being shown to other
.
.
prospective tenants, our intent would be to secure the lease as soon as allowable, hopefully by ,
f
February or March of2008. We look forward to serving the people of Andover in new and relevant I
ways in the years to come. r
!
i
.
.
Thank you for your consideration. .
.
.
l
~\&~. ~
i
.
I
,
,
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i
Bill Reinhart, Associate Pastor i
~
Coon Rapids United Methodist Church i
0 t
~
I
,
,
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~
Leading people to Jesus... Growing believers into disciples! www.coonrapidsumc.org .
.
. p\'udover Coon Rapids United Methodist Church
, 10506 Hanson Blvd. NW
Coon Rapids, MN 55433
United Methodist Church 763-755J"90
,
Coon Rap\O> Mark Miller, Senior Pastor Bill Reinhart, Associate Pastor
January 29, 2008
To: Andover City Council
Andover Planning Commission
Attn: Mr.Courtney Bednarz
re: Addendum to letter of December 17, 2007
Dear Council & Planning Commission
Subsequent to our working meeting with the Andover City Council on January 22, 2008, we
offer the following clarificatiJns and additions to our initial letter dated December 17,2007:
1) Regarding our specific proposal, we now request that we be granted a Conditional Use
Permit for a period of three (3) years to operate a church at the designated property which is
currently zoned as Shopping Center (sq. We further request that the appropriate zoning code be
amended to allow this under the provisions of Conditional Use.
0 2) Regarding our initial estimate of required parking stalls at peak usage (93 cars), we find
that the estimate given by city staffis likely to be more reliable (47 stalls for 140 people).
3) Regarding special events such as weddings, our plan is to hold the majority of such events
at our Coon Rapids location. We may hold small weddings at the Andover site, but these events
would be limited to a manageable size appropriate to the shopping center (e.g., 50 guests).
Thank you for your consideration.
!/~~.
....---;;,{
Bill Reinhart, Associate Pastor
Coon Rapids United Methodist Church
0
Leading people to Jesus... Growing believers into disciples! www.coonrapidsumc.org
Regular Andover Planning and Zoning Commission Meeting
Minutes - February 12, 2008
0 Page 5
PUBLIC HEARING: CONDITIONAL USE PERMIT (08-01) TO ALLOW COON
RAPIDS UNITED METHODIST CHURCH TO BE LOCATED IN THE HANSON
COMMONS II SHOPPING CENTER LOCATED AT 1574154TH AVENUE NW.
Mr. Bednarz stated the Coon Rapids United Methodist Church has requested that they be
allowed to locate a church in the Hanson Commons II Shopping Center. A proposed City
Code amendment would allow this as a conditional use in the Shopping Center (SC)
Zoning District.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Cleveland stated staff indicated there are no technical issues with this. He
wondered if that meant items like fIre codes and entrances and exits and requisite floor
space for the number of people. Mr. Bednarz stated the church will need to submit a
building permit application for modifIcations to the interior.
Commissioner Walton asked if there were any "no parking" signs on the streets in that
area for the neighbors. Mr. Bednarz stated presently there are not. He stated this is
sometlllng that could be considered in the future.
0 Commissioner Falk stated his only problem is for emergency vehicles and if the parking
lot is full and there was an emergency, how would the City feel about a fIre truck going
through there with only one exit and if they should put another exit in the parking lot.
Mr. Bednarz stated the only other potential exit they would have would be directly onto
Hanson unless they took down a portion of the fence and berm and came out behind the
building. The Fire Chief did review the site when it was developed and they have a loop
road around the building and also in the parking area in front of the building.
Motion by Walton, seconded by Falk, to open the public hearing at 7:39 p.m. Motion
carried on a 7 -ayes, O-nays, O-present, O-absent vote.
Mr. Bill Reinhart stated he did not have a formal presentation but was at the meeting to
answer questions.
Chairperson Daninger asked why they would not consider using a school for their
services. Mr. Reinhart stated schools have been used by churches. They have
approached the principal of the high school and he is not interested right now in having a
church operate in his space because of the extra scheduling constraints they have with
their public space in their high school. This would leave them with Rum River
Elementary. They were thinking it was likely they will be in that space in the future.
Mr. Reinhart stated the trouble is that the schools offer them the space for three or four
hours on one day and what they are really looking for is a stepping stone where they can
0 be in the community, meeting the community and serving the community and that four
hours is not integrated into the community like this site. That is the main reason.
Regular Andover Planning and Zoning Commission Meeting
Minutes - February 12, 2008
0 Page 6
Mr. Reinhart stated the costs to rent an area in the school is quite high and as a group that
does not exclusively serve children they pay the second highest rate in their tier rates. It
would be approximately twice the costs to be in the leased space but they would get the
space 24/7.
Chairperson Daninger asked on a religious holiday will they have enough space. Mr.
Reinhart stated currently in Coon Rapids they have an average worship attendance of five
hundred and they are not looking to relocate that congregation to Andover. They are
proposing to build a new community. They do not anticipate to beginning public worship
until August with a formal grand opening in October. In the meantime they will be dong
community building practices with after school programs, inviting some of the
community groups to come and have meetings in their space and meet people in certain
communities. They anticipate the maximum they will be able to accommodate
meaningfully in a workshop would be 140.
Chairperson Daninger stated one of the main concerns is parking in the shopping center.
He did not see this as an issue but would need to be reviewed.
Chairperson Daninger wondered if there will be an organ in the space. Mr. Reinhart
0 indicated they would not. Chairperson Daninger asked if they will have bands. . Mr.
Reinhart stated they will have some modem equipment such as a drum kit, electric guitar,
and electric piano. There will be some level of noise and they will have signing groups.
Chairperson Daninger stated the only concern is the noise for the adjoining tenants. Mr.
Reinhart stated he has met with all of the tenants and did not think that would be a
concern for them.
Mr. Reinhart indicated they are very eager to keep open lines of communication between
them and other tenants of the building.
Commissioner Kirchoff asked if they had a problem with waiving the local liquor
ordinance regarding distance. Mr. Rinehart stated they did not and would provide any
kind of waiver or accommodation for any business that would reasonably within City
Code approval belong there.
Commissioner Holthus wondered what their long term plans were for the church. Mr.
Rinehart stated they would be looking in the future to eventually grow and move to a
larger temporary space such as a public school and eventually looking to build.
Commissioner Walton asked if the services in Andover intend to compliment at the same
time as the congregation in Coon Rapids or are they supplementing those meeting times
in case someone misses the one in Coon Rapids they could come to one in Andover,
0 which would drive up the number of attendance. Mr. Rinehart stated they have
approximately twenty-five percent of their first time visitors are coming now from
Regular Andover Planning and Zoning Commission Meeting
Minutes - February 12, 2008
0 Page 7
Andover down to Coon Rapids via the Hanson Corridor. There are a certain percentage
of their congregants that do live in Andover that might begin to worship in Andover
rather than Coon Rapids but their goal is to be reaching people who otherwise would not
drive down to Coon Rapids. They are looking to reach out to people who do not have a
church family yet but might appreciate the United Methodist Tradition that they have to
offer.
Commissioner Walton asked what the planned orientation of the interior of the building
will be. He asked if the drum kit will be up against the Veterinarian wall or will it be on
the other end of the building. Mr. Rinehart stated the wall that will be adjacent to the
Veterinarian hospital will be where the three classroom spaces will be located at. The
actual stage will be on an exterior wall. He noted they have a blended style of worship
and will have a variety of music.
Chairperson Daninger asked if they had any intent to worship on Saturday night. Mr.
Rinehart stated they have talked about that as a possibility.. In surveying the local
businesses, they have noted that there are two time slots primarily where there is a little
activity in terms of the businesses that are open. One is Sunday Morning between 8:00
a.m. and 11 :00 a.m. and the other is Saturday evening after 5:00 p.m. or 6:00 p.m. so they
did identify that as a possibility but they have not thought that through because it is a
0 secondary use. Their primary intent is for Sunday morning.
Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:52 p.m.
Motion carried on a 7-ayes, O-nays, O-present, O-absent vote.
Commissioner Walton wondered if there was a reason to put in a crosswalk across 154th.
Mr. Bednarz stated there is a crosswalk from the middle school at the signal but there is
not a painted crosswalk between Hanson Commons I & II.
Commissioner Walton suggested they think about putting up no parking signs in the
neighborhood. Mr. Bednarz stated when they looked at this at the staff level they did not
want to take anything away from the neighborhood because the church is going in. They
think that the conditions that are in the approval will allow them to look at that if it
becomes an issue.
Chairperson Daninger asked if anyone had a concern with Saturday night worship. He
stated he did not see anything in the resolution. He stated he would be comfortable
making it known that when they review this that if the applicant wanted to have a
Saturday night service they would need to come back for approval. Mr. Bednarz stated
their understanding through communications is anything other than Sunday Service
would be a small class size, like on a weekday evening.
Mr. Rinehart stated the majority of the businesses are not open past 5:00 p.m. or 6:00
0 p.m. He stated they have charted out almost all of the businesses hours. He stated there
is a lot of turn around traffic for Subway and he has never seen the parking lot full. He
Regular Andover Planning and Zoning Commission Meeting
Minutes - February 12, 2008
0 Page 8
stated their intent in using the parking spaces other than Sunday morning would be for
smaller gatherings, however, if they would like to do a service on Saturday night, that.
would entail a larger number conceivably. He stated they would never plan an event that
would lead to a parking conflict. If they pursue that, they would follow the same course
that they have to date.
Commissioner Holthus wondered if they planned on displaying any type of cross or
signage. Mr. Rinehart stated their understanding from the landlord is there are some
signage requirements regarding the storefront property and they would comply with what
the signage guidelines are. They do have a cross and flame logo they would intend to be
a part of that signage and his understanding was that providing it ;fit within that
dimensional requirements the City has and any other requirements it should not be an
Issue.
Motion by Walton, seconded by Casey, to recommend approval of the conditional use
permit subject to the conditions in the attached resolution. Motion carried on a 7-ayes, 0-
nays, O-present, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 19,2008
City Council meeting.
0 PUBLIC HEARING: ANTENNA AND TOWER CODE (CHAPTER 9-12)
Mr. Cross explained as telecommunication towers become more prevalent and their
technology improves, the City Code needs to be updated to facilitate their review. The
current Towers and Antennas ordinance is based on a League of Minnesota Cities model
from the late 1990's. An update was done in 2000, but more improvements are needed.
Mr. Cross reviewed the current City Code with the Commission.
Commissioner Falk asked with a pole that can accommodate three more antenna's, does
the building have to be built that way also. Mr. Cross indicated the Code does not
address that directly. Chairperson Daninger stated the building is typically large enough
to handle all the co-location because they share the costs then.
Chairperson Daninger asked if an antenna does not have anyone co-locating and is not
being used anymore what happens. Commissioner Kirchoff thought they had ninety days
to deconstruct the antenna. Mr. Cross stated one of the final sections of the Code is titled
"Abandoned Towers and Antenna's" and it has pretty explicit language about what they
do and it gives the City some grounds to move forward on abandoned antenna's to get rid
of those should that situation arise.
0 Commissioner Falk asked how the City would know it was abandoned. Mr. Cross stated
there is nothing in the Code that requires them to be specifically notified but it is
@
0 C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayme ODd Councilmemb= ~./
CC:
Jim Dickinson, City Administrator .
Will Neumeister, Community Development Director wi-
FROM: Andy Cross, Associate Planner ,4Jl:.
SUBJECT: Consider Code Amendment / Antenna and Tower Code (Chapter 9-12) - Planning
DATE: February 19,2008
INTRODUCTION
As telecommunication towers become more prevalent and their technology improves, our City
Code needs to be updated to facilitate their review. Our current Towers and Antennas ordinance
is based on a League of Minnesota Cities model from the late 1990's. An update was done in
0 2000, but more improvements are needed. This item appeared at the February Ii", 2008
Planning Commission meeting for Public Hearing.
DISCUSSION
Summary of proposed changes:
1. Permit and Lease Agreements (City Code 9-12-3)
a Language was simplified and shortened.
2. Height Requirements (City Code 9-12-4)
a. This section needs to be simplified and updated. Industry representatives have
been solicited for input on recommend height limits. We need to ensure our
regulations are based on relevant research into current industry standards.
3. Towers in Specific Zoning Districts (City Code 9-12-5)
a. "Public Land" has been added to the permitted areas and the existing bullet points
have been consolidated.
4. Setbacks (City Code 9-12-8)
a. We have simplified this section and deleted some redundant or unnecessary
language.
5. General Requirements (City Code 9-12-9)
a. Relocated section covering Accessory Utility Buildings
6. Ground Mounted Equipment (City Code 9-12-10)
a. We continually struggle with screening and aesthetic issues on outdoor equipment
0 for tower and utility sites. Strengthening our standards may help avoid problems
in the future.
0 Planninf! Commission Recommendation
The Planning Commission voted unanimously to recommend approval of the Code Amendment.
ACTION REOUESTED
The Planning Commission is asked to discuss changes to Chapter 9-12, Towers and Antennas.
Make a recommendation to the City Council on whether or not to approve the changes.
Respectfully submitted,
~c::::~
Andy Cross
Associate Planner
Attachments:
Proposed Code Amendment to Chapter 9-12
Planning Commission Minutes - February 12, 2008
0
0
-Z~
0 CHAPTER 12
ANTENNAS AND TOWERS
SECTION:
9-12-1: Purpose
9-12- 2: Definitions
9-12- 3: Permit And Lease Agreement Required
9-12- 4: Height Requirements
9-12- 5: Zoning District Regulations
9-12- 6: Co-location Requirements
9-12- 7: Design Requirements
9-12-8: Setbacks
9-12- 9: General Requirements
9-12-10: Ground Mounted Eauipment
9-12-11: Nonconforming Antennas And Towers
9-12-12: Interference With Public Safety Telecommunications Prohibited
9-12-13: Damaged Or Destroyed Antennas And Towers
9-12-14: Abandoned Antennas And Towers
9-12-15: Variances
9-12-16: Violation; Penalties
0 9-12-1: PURPOSE: In order to accommodate the communication needs of
residents and businesses while protecting the public health, safety, and general
welfare of the community, the City Council finds that these regulations are
necessary in order to:
A. Facilitate the provision of commercial wireless telecommunication
services to the residents and businesses of the city;
B. Minimize adverse effects of towers through careful design and siting
standards in order to lessen the aesthetic impact on surrounding
properties;
C. Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements; and
D. Maximize the use of existing and approved towers and buildings to
accommodate new commercial wireless telecommunication antennas in
order to reduce the number of towers needed to serve the community.
(Ord. 270, 12-5-2000)
9-12-2: DEFINITIONS: The following words and terms shall have the
0 following meanings when used in this chapter:
-J-
0 ANTENNA: That portion of any equipment located on the exterior or
outside of any structure and used for transmitting or
receiving radio, telephone and television signals.
"Antenna", as defined in this chapter (unless otherwise
noted), pertains to all of the following antennas:
Antenna, Public
Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically
reflective or conductive element used for the transmission
and/or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the
supporting structure thereof.
Antenna, Radio
And Television,
Broadcasting
Transmitting: A wire, set of wires, metal or carbon fiber rod or other
electromagnetic element used to transmit public or
commercial broadcast radio or television programming, and
including the support structure thereof.
Antenna, Radio
0 And Television
Receiving: A wire, set of wires, metal or carbon fiber elements, other
than satellite dish antennas, used to receive radio, television,
or electromagnetic waves, and including the supporting
structure thereof.
Antenna,
Satellite Dish: A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow
dish, cone, horn, or cornucopia. Such device shall be used
to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbitally based uses. This
definition is meant to include, but not be limited to,
commercial satellite earth stations, TVROs (television,
receive only), and satellite microwave antenrias, but does
not include personal TVRO satellite reception receivers.
Antenna,
Short Wave Radio
Transmitting And
Receiving: A wire, set of wires or a device, consisting of a metal, carbon
fiber, or other electromagnetically conductive element, used
0 for the transmission and reception of radio waves used for
short wave radio communications, and including the
~lf---
0 supporting structure thereof.
Antenna,
Telecommunications: A device consisting of a metal, carbon fiber, or other
electromagnetically conductive rod or element,
usually arranged in a circular array on a single
supporting pole or other structure, and is used for the
transmission and reception of radio waves in digital,
analog or other wireless or personal communication
services (i.e., cellular, paging, internet, etc.).
CO-LOCATION: The placement of wireless telecommunication antennas
by two (2) or more service providers on a tower, building
or structure.
COMMERCIAL
WIRELESS
TELECOMMUNICATION
SERVICES: Licensed commercial wireless telecommunication
services including cellular, personal communication
services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging,
0 and similar services that are marketed to the general
public.
FEDERAL
COMMUNICATIONS
COMMISSION: The federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
GUYED TOWER: A tower that is supported, in whole or in part, by wires and
ground anchors.
LATTICE OR
SELF-SUPPORTED
TOWER: A tower erected on the ground that consists of metal crossed
strips or bars to support antennas and related equipment.
MAST: That portion of the outside antenna system to which the
antenna is attached, and the support of extension is
required to elevate the antenna to a height deemed
necessary for adequate operation.
0
-<-
./
0 MONOPOLE
TOWER: A single, self-supporting pole type tower, tapering from the
base to the top and supporting a fixture designed to hold
one or more antennas.
PRIVATE
PROPERTY: Land that is not "public property" as defined in this section.
PUBLIC
PROPERTY: Land owned or operated by a government entity.
PUBLIC UTILITY: Persons, corporations, or governments supplying gas,
electric, transportation, water, or land line telephone services
to the general public. For the purposes of this chapter,
wireless telecommunication service facilities shall not be
considered public utility uses and are defined separately.
SERVICE
PROVIDER: Any individual or entity that provides wireless
telecommunication services.
TOWER: Any pole, spire, or structure (excluding structures
0 required for the transmission of electric energy), or any
combination, to which any antenna could be attached, or
which is designed for any antenna to be attached, and all
supporting lines, cables, wires and braces.
TOWER,
MULTI-USER: A tower to which is attached the antennas of more
than one commercial wireless telecommunication
service provider or governmental entity.
TOWER,
SINGLE USER: A tower to which is attached only the antennas of a single
user, although the tower may be designed to accommodate
the antennas of multiple users as required in this chapter.
(Ord. 270, 12-5-2000)
9-12-3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and
antennas over thirty five feet (35') from around level shall reauire a
conditional use permit and buildinG permit approvals from the City. All
towers and antennas on City-owned public property shall reauire a lease
aGreement with the City. Anv chanaes to a tower or antenna shall reauire
an amended conditional use permit Ne aRteRRa er te':J€lr iR exeess €If tRi~.
0 fh.e feet (~8') iR ReigRt frem greuR€lle\"€l1 sRall ~€l €lreGte€l, eeRstruGte€l, er ~Iae€l€l,
er re €lreGt€l€l, reeeRstruGt€l€l er re~lae@€1 eR ~R':ate er ~u~lie ~re~€l~' .J:itReut first
~tr:--
reeei"iRliJ a C@R€liti@Rall'se PeFmit aR€I @etaiFliFlliJ tAe Fleeessal)' e\,lil€liRliJ ~ermit
0 a~~r@./als w@m tAe eity. TAe eity sA all reEt\,lir@ a lease aliJreemeRt fer aFlY
elFlt@RFlas aFl€l t@'.'/ers ereBte€l, e@FlstRlBte€l, ~Iaee€l, re ereBte€l, ree@Flstr\,lBte€l @r
re~laee€l @Fl eity @\.:Fle€l ~\,Ielie ~r@~eFt}.. A~~lieati@Fl fer a C@R€liti@Ral Use Permit
sAall ee ma€le t@ tAe PlaFlRiRliJ aFl€l Z@FliFlliJ Oe~ar;tmeFlt iFl tAe same maRFler, aR€I
e@RtaiFliFlliJ tAe same iFlf@rmati@R, as ~\,Irs\,laFlt t@ tAe C@Fl€liti@RallJse PeFmit
~reeess as state€l iFl tAe eity ;l@FliFlliJ @r€liFlaFlee-l-. (Or€l. 27Q, 12 5 2QQQ)
9-12-4: HEIGHT REQUIREMENTS:
A. In Commercial and Industrial zonina districts. towers and antennas
may not exceed 150 feet in heiaht.
B. In residentiallv zoned districts. towers and antennas may not exceed
120 feet in heiaht.
C. Antennas (includina the mast) may be mounted on a buildina or
structure Drovided that the antennas do not extend over fifteen feet
(15') above the highest portion of the roof of the building or
structure.
^ If FI@ existiRliJ str\,let\,lre meets tAe AeiliJf;)t reEt\,liremeFlts fer aFlteFlFlas t@ ee
. ..
~Iaee€l, tAB aFlteRFlas may ee m@\,IFlte€l @R a ~@Ie @r m@Fl@~@le R@t t@
0 exeee€l @Re A\,IFl€lre€l fifty feet (15Q') iR AeiliJAt iFl iR€I\,Istrially ;l@Re€l €listriBts;
FI@t t@ exeee€l @Re A\,IR€lre€l feet (1 QQ') iR AeiliJAt iR resi€leRtiallv ;l@Re€l
€listriets; aR€I R@t t@ exe@e€l @Re h\,lR€lre€l t\\'@Rt). feet (12Q') iFl heigAt iR
e@mmer:eiallv ;l@Re€l €listriets. .^.FlteRRas {iRel\,l€liFlliJ the masij may ee
m@\,IRte€l @Fl a e\,lil€liFlliJ @r str\,lBt\,lre ~re.:i€le€l that the aRteRFlas €I@ R@t
elA:eFl€l @':er fifteeR feet (15') ae@ve the hiliJhest ~@r;ti@Fl @f the r@ef @f tAe
e\,lil€liRg @r str\,let\,lre.
R M\,Ilti \,Iser t@\'.'ers may el(eee€l the AeiliJht re€f\,liremeFlts as state €I ae@':e
ey \,I~ t@ aR a€l€liti@Ral w!eFltl.; feet (2Q'); ~r@vi€le€l, that the miRim\,lm
R\,Imeer ef a€l€liti@Ral \,Isers, as re€f\,lire€l aFl€l state€l iFl ~eBti@Fl g 12 G @f
this eha~ter, have e@ I@eam€l tAeir aRteRRas @R tt.le m@Fl@~ele strl.lBtl.lre.
ft. t@'!.'er elA:eRsi@R reEtl.lires aR AmeR€le€l C@Fl€liti@Ral Use Permit as
state€l iFl the eitl,. ;l@RiFlliJ @miRaRee-l-. (Om. 27Q, 12 5 2QQQ)
9-12-5: ZONING DISTRICT REGULATIONS:
A. Residential Zoning Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may sAaU be allowed only in the following residentially
'0 1 See section 12-15-6 of this code.
-1-
zoned locations: (Ord. 270, 12-5-2000; amd. 2003 Code)
0 a. Church sites, when camouflaged;
b. Public land, includinQ City water towers. schools. and
publicly-purchased parks when the City Council determines
that the tower will not adversely affect the use of the park
or neiQhborinQ properties:
~. City Iilarl"( sites lJreater U~aA teA (1Q) aeres iA size leGate€! eutsi€!e
ef tl::le MetrelilelitaA Yr~aA Ser;viee .^.rea (MUS.^,), ':!l::leA tl::le PaFk
em€! ReGreatieA CemmissieA €!eteFmiAes tt.lat tl::le t@':.'9r is
eemlilati~le ..\.itl::l tRe AatuF@ ef tAe Iilark;
G. City ~::ater tB~!!eFS;
c. Utility and transmission structures located in public rights-of-way
when attached thereto ; and
d. Utility and transmission structures located outside of
public riQhts-of-way. exclusively to serve the structures.
e. Sel::leels aA€!IilIsl~lie ~lsIil€!iAlJS ':!ReFl eamelslflalJe€!.
0 2. Only one tower or monopole shall exist on anyone residentially zoned
parcel of land.
B. Commercial and Industrial Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter may sRaU be allowed only in the following commercially
and industrially zoned locations:
a. Industrial ill zoned parcels of land when the appearance is
consistent with the surrounding area and is compatible with the
use;
b. Commercially zoned parcels (Shopping Center SC and General
Business GB) parcels of land when the appearance is consistent
with the surrounding area and is compatible with the use; and
c. Utility and transmission structures located in public rights-of-way
when attached thereto.
d. Utility and transmission structures located outside of public
0 riahts-of-way exclusively to serve these structures.
2. Only one tower shall exist on anyone industrially or commercially
-8'--
zoned parcel of land. (Ord. 270, 12-5-2000)
0 9-12-6: COLOCATION REQUIREMENTS: All telecommunication towers
erected, constructed, or located within the city shall comply with the following
requirements:
A. A proposal for a new telecommunication service tower shall not be
approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on
an existing approved tower or building due to one or more of the following
reasons:
1. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or building
as documented by a qualified and licensed professional engineer, and the
interference cannot be prevented at a reasonable cost.
0 3. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed
professional engineer.
4. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
B. .^.RY ~r8~8sea teleG8FJu:fllmiGati8R seAliGe t8't:er sl;)all tle aesiSRea
stn.J €lf:H rally, eleGtriGally aRa iR all 8tl;)er ~s~e€lf:s, t8 aGG8mm8aate tl8tt.l
tl;)e a~~lieaRt's aRteRRas aRa G8mparatlle aRteRRas fer at least tl;)~e (3)
aaaiti8Ral Hsers if tl;)e t8wer is 8Re I;)HRa~a feet (1 QQ') er m8n~ iR l;)eisl;)t
8r fer at least nV8 (2) aaaiti8Ral Hsers if tl;)e t9!.oor is less tl;)aR 8Re
I;)HRarea feet (1 QQ') iR l;)eisl;)t. Towers must be designed to allow for future
arrangement of antennas upon the tower and to accept antennas
mounted at varying heights. A tower one hundred feet (100') or more
in heiaht shall accommodate at least three (3) additional users.
(Ord. 270, 12-5-2000)
9-12-7: DESIGN REQUIREMENTS: Telecommunication service towers shall
be of a monopole design unlessthe City Council determines an alternative design
0 would better blend into the surrounding environment. Lattice towers are prohibited.
(Ord. 270, 12-5-2000)
-1~
0 9-12-8: SETBACKS: Towers shall conform with each of the following
minimum setback requirements:
A. Towers and around mounted equipment shall meet the building
setbacks of the underlying zoning district as stated in the zoning
ordinance.
B. Towers shall be set back from all structures and all property lines at a
distance equal to the height of the tower (plus an additional 1 0 feet),
unless a qualified professional structural engineer certifies in writing that
the collapse of the tower will occur within a lesser distance under all
foreseeable circumstances.
C. A tower's setback may be reduced or its location in relation to a public
street or neiahborina property varied, at the sole discretion of the City
Council. The Council's decision must be based on leaitimate
findinas such as. but not limited to:
a. Aesthetic concerns
b. Safety concerns
c. City staff review
te allOOi tRe iRm!)FatieR ef a tQ'.'.'er iRte aR existiR!) er (ilFe(ilese€!
strlol€HloIre SloIeR as a €lRloIFeR stee(ille, li!)Rt staR€!am, (il@'/!er liRe
0 strlol€HloIm @r similar strlolmlolm.
O. Tet'.'ers sRall ~e(illaee€! a miRimlolm ef five RloIR€!re€! feet {5QQ') frem aRY
existiR!J Fesi€!eRtial €!':,eIliR!J loIRit aR€! ~e s(ilaee€! a miRimlolm @f @Re Ralf
(1/2) mile fr@m eaeR etReF. (Or€!. 27Q, 12 5 2QQQ)
9-12-9: GENERAL REQUIREMENTS: All towers and antennas for which a
permit is required shall comply with the following requirements:
A. Lighting: Towers shall not be illuminated by artificial means and shall not
display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a
particular tower. When incorporated into the approved design of the
tower, light fixtures used to illuminate ball fields, parking lots, or similar
areas may be attached to the tower.
B. Signs And Advertising: The use of any portion ofa tower for signs is
prohibited. Warning or equipment signs are exempt from this provision.
C. .~ €leess@l). Utility I3lo1il€liR!Js: (NOTE: Section relocated to 9-12-10)
1. All loItilitl,. ~loIil€liR!Js aR€! strlol€HloIms aeeess@F). t@ a tQ':,er sRall ~e
0 areRitemlolFally €lesi!JRe€l t@ ~leR€I iR ...,itA tRe SlolFFelolR€liR!J eRvir@RmeRt aR€I
sRall meet tRe miRimlolm set~aek m€llolimmeRts ef tRe loIR€!erlyiR!J J:@RiR!J
---,h,-
0 €listriet as stilte€l iR tAB ZElRiRg Elf€liRilRE>B.
2. grG~m€l mElI,IRte€l e€ll,lipmeRt SAil II 613 SE>reeRe€l ffElm viet\" 6Y sl,lita61e
.JegetatiElR, e)(E>ept V:Aere il €lesilJR Elf RElR 'Jegetati'.'e sE>r€leRiRg 6etter
mfleets aR€l E>ElmplemeRts tAe areAiteetl,lfal E>Aafaeter Elf tAe sl,Irf@I,IR€liRg
ReigR6El'*'ElEl€l.
CQ. Supplemental Information: IR il€l€litiElR tEl tRe iRmfmatiElR re€ll,life€l
elsewRere iR tRis E>Rilr;lter, €le\'eIElpmeRt Applications for towers shall
include the following supplemental information:
1. A report from a qualified and licensed professional engineer that:
a. Describes the tower height and design including a cross section
and elevation;
b. Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
c. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
0 d. Documents what steps the applicant will take to avoid
interference with established public safety telecommunications;
e. Includes an engineer's stamp and registration number;
f. A coverage map showing what portions of the city will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the city;
g. A report indicating that the request meets technical emission
standards set by the FCC; and
h. Includes other information necessary to evaluate the request.
2. For all telecommunication service towers, a letter of intent committing
the tower owner and his or her successors to allow the shared use of the
tower if an additional user agrees in writing to meet reasonable terms and
conditions for shared use.
3. Before the issuance of a building permit, the following information shall
be submitted to the city:
0 a. Proof that the proposed tower complies with regulations
-//--
0 administered by the Federal Aviation Administration; and
b. A report from a qualified and licensed professional engineer that
demonstrates the tower's compliance with the aforementioned
structural and electrical standards. (Ord. 270, 12-5-2000)
9-12-10: GROUND MOUNTED EQUIPMENT:
A. Ground mounted eauiDment and antennas shall be stored within a
closed. secure buildina. All buildinas accessory to a tower or
antenna shall be architecturallv desioned to blend in with the
surroundina environment.
B. Screenino shall be provided in compliance with Chapter 12-13-5.
9-12-11 g 12 1Q: NONCONFORMING ANTENNAS AND TOWERS:
Antennas and towers in existence prior to the adoption of this chapter that do not
conform to or comply with the provisions of this chapter may continue in use for
the purpose now used and as now existing but may not be structurally altered
without complying with this chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
0 9-12-12 g 12 11: INTERFERENCE WITH PUBLIC SAFETY
TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications
services shall interfere with public safety telecommunications. (Ord. 270, 12-5-2000)
9-12-13 g 12 12: DAMAGED OR DESTROYED ANTENNAS AND TOWERS:
If an antenna or tower is damaged or destroyed due to any reason or cause
whatsoever, the same may be repaired or restored to its former use, location
and physical dimensions upon obtaining a building permit. The repair or
restoration must comply with this chapter. Provided, however, that if the cost of
repairing such damaged or destroyed antenna or tower would be fifty percent
(50%) or more of the cost of purchasing and erecting a new antenna or tower of
like kind and quality, as estimated by the Building Official, and to the former use,
physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance with the requirements of this
chapter. (Ord. 270, 12-5-2000; arnd. 2003 Code)
0
-lz/
0
9-12-14 9 12 13: ABANDONED ANTENNAS AND TOWERS: Any antenna
or tower that is not used for one year shall be deemed abandoned. Within ninety-
(90) days of notice by the city, the antenna or tower and all other associated
equipment must be removed from the property. If the antenna or tower and
equipment are not removed from the property within the time period as stated
herein, a public nuisance may be declared, and the city may order that the public
nuisance be abated in a manner consistent with ordinances and policies of the
city. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-15 9 12 14: VARIANCES: Variances from the provisions of this chapter
shall be processed and granted or denied in the same manner and based on the
same criteria as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000)
9-12-16 9 12 15: VIOLATION; PENALTIES: Any person who shall violate any
provision of this chapter shall be !!JloIilty 8f charaed with a misdemeanor and,
upon conviction thereof. shall be subject to applicable fines and imprisonment
as defined by state law. In addition to the penalties imposed by this chapter, the
0 city may exercise, with or separately from such penalties, all and any other legal
and equitable remedies then available to the city by this chapter, or by statute, or
by other ordinances of the city, or by applicable rules or regulations, to enforce
this chapter, including, without limitation, injunction. (Ord. 270, 12-5-2000)
0
1 See section 12-15-7 of this code.
-73~
Regular Andover Planning and Zoning Commission Meeting
Minutes - February 12, 2008
0 Page 9
PUBLIC HEARING: ANTENNA AND TOWER CODE (CHAPTER 9-12)
Mr. Cross explained as telecommunication towers become more prevalent and their
technology improves, the City Code needs to be updated to facilitate their review. The
current Towers and Antennas ordinance is based on a League of Minnesota Cities model
from the late 1990's. An update was done in 2000, but more improvements are needed.
Mr. Cross reviewed the current City Code with the Commission.
Commissioner Falk asked with a pole that can accommodate three more antenna's, does
the building have to be built that way also. Mr. Cross indicated the Code does not
address that directly. Chairperson Daninger stated the building is typically large enough
to handle all the co-location because they share the costs then.
Chairperson Daninger asked if an antenna does not have anyone co-locating and is not
being used anymore what happens. Commissioner Kirchoff thought they had ninety days
to deconstruct the antenna Mr. Cross stated one of the final sections of the Code is titled
"Abandoned Towers and Antenna's" and it has pretty explicit language about what they
do and it gives the City some grounds to move forward on abandoned antenna's to get rid
of those should that situation arise.
0 Commissioner Falk asked how the City would know it was abandoned. Mr. Cross stated
there is nothing in the Code that requires them to be specifically notified but it is
something they could work with cell phone companies on. He stated the property where
the antenna sits will be receiving lease money and if the lease money is no longer coming
in the property owner typically asks that the antenna be removed.
Motion by Walton, seconded by Falk, to open the public hearing at 8:07 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
There was no public input.
Motion by Falk, seconded by Walton, to close the public hearing at 8:07 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Motion by Falk, seconded by Walton, to approve the code changes as presented. Motion
carried on a 7-ayes, O-nays, O-present, O-absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 19,2008
City Council meeting.
0 OTHER BUSINESS.
0
0 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 d.-
Will Neumeister, Community Development Director
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider Recommended Sites for 2008 Natural & Scenic Area Grant Program -
Planning
DATE: February 19, 2008
INTRODUCTION
Council directed staff to prepare a grant application for the Natural & Scenic Area Grant
Program. Since that time, The Open Space Advisory Commission reviewed nine
locations for preservation in the city. Information on each area is included in the packet.
DISCUSSION
0 Open Space Advisory Commission Recommendation
The Commission recommended three locations for the grant application. In order, they
are the Section I, Leeman Lake and Section 11 study areas. The Commission would like
to revisit the other areas as the evaluation criteria are applied citywide in the future.
Grant Process
A checklist of the required materials is attached. A specific area needs to be identified to
complete the application requirements (i.e. appraisal and other site specific information).
ACTION REOUESTED
The Council is asked to affirm the recommendation ofthe Open Space Advisory
Commission or to otherwise advise staff on how to proceed. Staff intends to contact
property owners within the selected study areas as soon as possible.
Attachments
(in packet) l1xl7 Citywide Map - Natural Features
(in packet) l1x17 Citywide Map - Upland Natural Areas
Study Area Details For Each Location
Draft Open Space Advisory Commission Minutes
0
~NDbVE~ Open Space Study Area - Section 1 (t~6t>rnh1i!gN ~ >t
10 Overview
Immediately west of 7th Avenue at the north edge of the city and along the south bank of the
Rum River there are three large parcels that contain some oak forest and some farmed area. This
study area is 110 acres in size. Approximately 45 acres are encumbered by floodplain or
wetland. The land is classified as agricultural and owned by one family. The city does not plan
to serve the area with sewer and water. The minimum lot size would be 2.5 acres.
11 Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
There is potential for development of more than half of the 110 acres in this area.
Street access could be provided from 7th Avenue or through a public easement that exists along
the south end of the property.
Staff recommends 20/20
'0 Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area provides habitat for wildlife along the river corridor. The forested area is
approximately 50 acres in size. About half of the forested area is in the floodplain along the
river. Another 60 acres of farmed area exists across the three parcels. About 20 acres of the
farmed area is in the floodplain along the river. The size of a preservation area would need to
be determined in discussions with property owners.
Staff recommends 12/15 with potential for a higher score based on discussions with
property owners
III Potential to be conti~uous to additional conservation area I
The area itself could be a considerable conservation area at approximately 110 acres in size.
The river, development to the south and 7th Avenue provide barriers to connection with other
conservation areas. The score should be based on the size of the conservation area.
Staff recommends 7110 with potential for a higher score based on discussions with property
owners
0
Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
<<""!'.,
....L-
~NDbVE~ Open Space Study Area - Section 1 (f!--~~~
0 The area contains a 50 acre oak forest, about half of which is outside the floodplain. No NHIS
data exists for this area.
Staff recommends 13/15
6 Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
The oakforest would buffer the river and is large enough to be considered a buffer unto itself.
Additional farmed area would add additional buffer to the forest. The size of the area that is
preserved should affect the score.
Staff recommends 7/10 with potential for a higher score based on discussions with property
owners
Buffer Adjacent to Lakes, Streams, Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to these features. Additional scoring if the buffer area
is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The north and west ends of the area adjoin the Rum River associated floodplain. The river and
a wetland on the south end of the properties appear in the PWl
Staff recommends 10/10
0
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
Access to the area could be achieved via the Anoka County 7th Avenue Regional Trail when it is
constructed by Anoka County in the future. Vehicle access from 7th Avenue, if desired, may be
possible in the future. In the interim, the area would be visible along Y4 mile of 7th Avenue at this
entrance to the city.
Staff recommends 10/15 acknowledging the score could be higher in the future with some
or all of the improvements described above.
9 Other Notable Features (Historical, Educational, Archaeological, Aesthetic Other)
Scoring assigned as documented on a case by case basis
The site is located at an entrance to the city along a major transportation corridor.
Staff recommends 4/5
Conclusion
0 This is one of few undeveloped site that remain along the Rum River. The site is large and
borders the river on two sides. The area should be preserved.
-3-
~NDbVE~ Open Space Study Area - South of Leeman Lake (fe4 ""1?\~.J?J $
0 Overview
The area lies between Crosstown Boulevard and Leeman Lake in the northeastern part of the
city. It is approximately 91 acres in size and contains patches of oak and aspen. Approximately
30 acres of the area is encumbered by wetland and floodplain. There are six properties with 5
owners. A future state aid street and trail route are shown. This route could be changed based
on a number of factors, including a desire to preserve the area.
1 Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 . Would Otherwise be Negatively Affected by Development or Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
The area is outside of the urban service area and the city does not plan to serve it with sewer and
water. The minimum lot size would be 2.5 acres. There is upland adjacent to Crosstown
Boulevard that could be threatened by future rural development. This would cause considerable
damage the scenic value of the property to achieve a marginal development.
Staff recommends 15120
0
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The land provides habitat and adjoins a floodplain corridor that connects Leeman and Ward
Lakes with a much larger floodplain corridor in the northern part of the city.
Staff recommends IS/IS
[I] Potential to be contiguous to additional conservation area
The area could be a large conservation area of its own and connects with a larger floodplain
area as noted above.
Staff recommends 10/10
Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHlS Data).
0 The area contains oak and aspen trees. It is also a documented NHIS site.
Staff recommends IS/IS
-zJ~
~NDbVE~ Open Space Study Area - South of Leeman Lake ((Z.'fS4"'~ 1-
0
6 Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
Upland plant and animal communities at the north end would be buffered from Crosstown
Boulevard with a preservation area along this transportation corridor.
Staff recommends 10/10.
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to protect these features. Additional scoring if the
buffer area is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The area would buffir the south side of Leeman lake and a large floodplain corridor. It contains
three PWI wetlands.
Staff recommends 10/10
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
The area would provide for passive recreation and observation, with access from Crosstown
0 Boulevard and a future trail and potentially another street and trail route from the west.
Staff recommends IS/IS
Other Notable Features (Historical Educational Archaeological Aesthetic Other)
Scoring assigned as documented on a case by case basis
This site has exceptional aesthetic value.
Staff recommends 5/5
Conclusion
The area contains all of the evaluation criteria. Preservation of as much of the area as possible
should be pursued.
0
-,s-
9\NDbVE~ Open Space Study Area - Section 11 ~rnmEN?o/ t
0 Overview
This location contains one ofthe largest contiguous forested areas in the city. It is approximately
225 acres in size. It also adjoins a large floodplain corridor. However, The floodplain is not in a
natural condition as it has been used as a sod farm for many years. The area contains 8
properties owned by four families. Approximately 15 acres of this study area are encumbered by
wetland or floodplain. The area is outside of the urban service area and, conservation
development notwithstanding, will have a minimum lot size of2.5 acres. Future state aid
collector streets and trails are proposed to traverse the property both north to south and east to
west.
1 Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
The area is adjacent to urban development and a temporary cul-de-sac. Future streets and trails
0 are planned through this area. Although outside the urban service area and not planned to be
served by city sewer and water rural development is likely and would have a detrimental effect
on the forested areas.
Staff recommends 20/20
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area provides habitat for wildlife and buffers a large floodplain corridor on the west side of
the railroad. The size of the area would need to be determined in discussions with property
owners.
Staff recommends 10/15 with potential for a higher score based on discussions with
property owners
[]=:J Potential to be conti~uous to additional conservation area I
This potential exists. The area spans eight properties along a mile corridor from north to south.
The corridor could be as little as 400 feet wide at the south end to as wide as a 1;j mile near its
center, acknowledging that afuture road will bisect the area.
0 Staff recommends 9/10
-(,-
9\NDbVE~ Open Space Study Area - Section 11 (!--E~fite#~ *
10 Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data). .
The area contains one of the largest contiguous oakforests in the city. No NHIS data exists for
this area.
Staff recommends 14/15
6 Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
The forested areas along this floodplain corridor provide excellent habitat for animals. The
area is large enough to be considered an upland buffer. The width of the area that is preserved
should affect the score.
Staff recommends 6/10 with potential for a higher score based on discussions with property
owners.
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to protect these features. Additional scoring if the
buffer area is adjacent to area within the DNR Public Waters Inventory or Coon Creek
0 The west side of the forest is adjacent to some small wetlands. They are not in the PWI
Staffrecommends 3110
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
It is unlikely that agreement will be reached with the property owner at the south end of the
forest. This would delay public access until that property develops and the street and trail are
extended to the north. One this occurs, however, the street and trail will provide nearly ideal
public access.
Staff recommends 10/15
Other Notable Features (Historical Educational Archaeological Aesthetic Other)
Scoring assigned as documented on a case by case basis
The aesthetic value of aforest this size isworth some points.
Staff recommends 3/5
Conclusion
~ It is easy to see that this forest is one of the last best opportunities for preservation in the city.
Efforts should be made to preserve it.
-7-
9\NDbVE~ Open Space Study Area - Section 7
Overview
Immediately east of Grow Oak View Park along the south bank of the Rum River there is a
corridor of wetland and oak forest that extends south approximately one mile to 165t" Avenue
NW. This study area is 172 acres in size. Approximately 75 acres are encumbered by wetland
or floodplain. There are five properties with two owners. The land is classified as agricultural
and largely owned by Anoka Independent Grain and Feed, Inc. An overhead transmission line
crosses the area from east to west in two locations.
Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
There is potential for development of the portion of this area that is not encumbered by
floodplain or wetlands. Street access exists to the south and to the east. Most of the area is
within the agricultural preserve program. A notice of expiration has not been filed. Once such a
notice is recorded with Anoka County, seven years must pass before the area can be developed.
0 The city does not plan to serve the property with water and sewer. The minimum lot size would
be 2.5 acres. It is anticipated that agricultural use of the area will continue for some time.
Staff recommends 5120
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area provides habitat for wildlife along the river and to a lesser extent as it continues to the
south. A buffer along the floodplain and wetland areas would preserve a corridor south to I 65th
Avenue NW The size of a preservation area would need to be determined in discussions with
property owners.
Staff recommends 8/15 with potential for a higher score based on discussions with property
owners
4 Potential to be conti uous to additional conservation area
The conservation area could extend from the river south approximately one mile to I65t Avenue
NW The corridor could be rather narrow for a portion of the area and wide as 1f2 mile ad) acent
0 to the river.
Staff recommends 5/10
-J
9\NDbVE~ Open Space Study Area - Section 7
Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality ofthe area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
The area contains some upland oak tree stands and a variety of other native plant types in the
wetland areas. No NHIS data exists for this area.
Staff recommends 8/15
6 Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
The upland areas would buffer oak tree stands and provided restoration opportunities.
The width of the area that is preserved should affect the score.
Staff recommends 6/10 with potential for a higher score based on discussions with property
owners
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to these features. Additional scoring if the buffer area
is adjacent to area within the DNR Public Waters Inventory or Coon Creek
0 The north end of the area adjoins the Rum River and associated floodplain and wetlands
continue one mile to the south. The river and two wetlands appear in the PWI
Staff recommends 10/10
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
Access to the area is limited. Promoting public access to this area could stress the surrounding
neighborhood and be detrimental to sensitive areas near the river. Promoting public access in
this location may be problematic from a public safety standpoint.
Staff recommends 5/15
9 Other Notable Features (Historical, Educational, Archaeological, Aesthetic Other) l
Scoring assigned as documented on a case by case basis
The aesthetic value of the area is dramatic.
Staff recommends 4/5
Conclusion
0 Staff recommends contacting the property owner to coordinate long term goals. Interest in the
short term from the property owners is not anticipated. In the long term, however, the city
should position itselffor future discussions once other uses of the property begin to be
contemplated.
~1-
~NDbvlf~ Open Space Study Area - River Central
0 Overview
The area along the Rum River between 15i" and 165th A venues contains several native upland
plant species. There are patches of oak forest, mixed coniferous/deciduous forest and sparsely
wooded grassland. This study area is 57 acres in size. Approximately 20 acres of these parcels
is encumbered by floodplain or wetland. There is one owner of the two vacant parcels. A future
collector street is planned to be extended north to south through this area. There are two existing
homes at the south and northeast edges of this area. A 75 foot wide pipeline easement crosses
the property from northwest to southeast. The city does not plan to serve the area with sewer and
water. The minimum lot size would be 2.5 acres.
Prerequisite: The Area to be Protected is Sufficient in Size and Location to
Preserve and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
There is potential for development of the portion of this area that is not encumbered by
0 floodplain or wetlands. The city does not plan to serve the property with water and sewer. The
minimum lot size would be 2.5 acres. A Rural development in this area would most likely limit
or prevent public access along the River.
Staff recommends 20/20
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area provides habitat for wildlife along the river corridor. Both uplandforest and upland
area with restoration potential exist. The size of a preservation area would need to be
determined in discussions with property owners.
Staff recommends 10115 with potential for a higher score based on discussions with the
property owner
[[] Potential to be conti~uous to additional conservation area I
The area is adjacent to the river, but not any other conservation area.
0 Staff recommends 5/10 with potential for a higher score based on discussiOlis with property
owners
~ld-
i
51\NDbVE~ Open Space Study Area - River Central
0 Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
The area contains patches of oak forest, mixed coniferous/deciduous forest and sparsely wooded
grassland No NHIS data exists for this area.
Staff recommends 12/15
Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
Upland area surrounding the forest exists, providing potential for restoration and additional
buffer. The size of the area that is preserved should affect the score.
Staff recommends 7/10 with potential for a higher score based on discussions with property
owners
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to these features. Additional scoring if the buffer area
is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The west end of the area adjoins the Rum River associated floodplain. The river and one
0 wetland appear in the PWI
Staff recommends 10/10
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
A temporary cul-de-sac exists at the northeast corner of the area. Further access could be
achieved via the future collector street and trail.
Staff recommends 10/15 acknowledging the score could be higher in the future with some
or all of the improvements described above.
9 Other Notable Features (Historical, Educational, Archaeological, Aesthetic Other)
Scoring assigned as documented on a case by case basis
The area along the river is especially scenic.
Staff recommends 4/5
0 Conclusion
This site is one of few undeveloped areas that remain along the Rum River. It may not be the
best of the three that have been identified, but stills merits preservation efforts.
-11--
~NDbVE~ Open Space Study Area - Coon Creek/Round Lake Corridor
Overview
Public access along this corridor has been a goal of the city for many years. A trail system is
constructed along one portion and planned for the rest of the corridor. The trail is extended as
development occurs along the creek. This study area is 86 acres in size. Approximately 50 acres
is encumbered by wetland or floodplain along the creek.
The westerly portion of the area is within the Rural Reserve. At this time, it would be
appropriate to identify areas within the Rural Reserve for future preservation, so that they will be
considered when a master plan for the area is prepared. The easterly portion of the area is not in
the Rural Reserve. While this area has been farmed and does not contain native vegetation, the
upland areas between the floodplain adjacent to the creek and a future collector street and trail
route will be threatened by development. Securing the area between the creek and the future
collector street and trail would provide an area for passive recreation and ensure a natural view
along this transportation corridor as well.
1 Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
0 The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
The creek is a natural resource. Protecting a corridor along it will preserve a view of the creek,
the adjacent floodplain and public use of the adjacent upland area.
Staff recommends 20/20
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area would preserve wildlife habitat along the Coon Creek corridor.
Staff recommends IS/IS
[[] Potential to be contiguous to additional conservation area I
The area would extend the conservation area along coon creek and may connect with a north
0 south conservation area in the Rural Reserve in the fUture.
Staff recommends 10/10
-lZ-
sz.\NDbVE'~ Open Space Study Area - Coon CreekIRound Lake Corridor
0 Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
The area contains some native plant species in the floodplain in the floodplain areas. Potential
exists for restoration along the creek. NHIS sites exist along the creek corridor, if not
specifically within this study area
Staff recommends 8/15
Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
The area would not be a buffer for these features but would provide upland area adjacent to the
floodplain and creek.
Staff recommends 5/10.
Buffer Adjacent to Lakes, Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to protect these features. Additional scoring if the
buffer area is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The area is adjacent to Coon Creek.
0 Staff recommends 10/10
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
The area would provide for passive recreation and observation from the upland areas and future
collector street and trail.
Staff recommends 15/15
Other Notable Features (Historical Educational Archaeological Aesthetic Other)
Scoring assigned as documented on a case by case basis
A corridor along Coon Creek has been a goal of the city for many years.
Staff recommends 5/5
Conclusion
Provided the portions of the properties encumbered by floodplain are appropriately valued, the
0 city should preserve as much ofthe area as possible and restore it to a natural state..
-lf~
~NDbVE~ Open Space Study Area - Rural Reserve
Overview
This location contains four stands of oak trees at approximately 50,8, 11 and 6 acres in size from
north to south. It lies within the Rural Reserve, a future urban area approximately 960 acres in
size. When development ofthis area is proposed, concept plans will be formalized into a master
plan that will guide the design of the entire area. The study area is drawn to represent a potential
north-south corridor through the Rural Reserve. At this time, it would be appropriate to identify
areas within the rural reserve for future preservation, so that they will be considered when the
plan is prepared. A future collector street and trail will cross the study area to connect Round
Lake Boulevard and Veterans Memorial Drive.
1 Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
0 The area is designated for future urban development. There are development constraints in this
area that include poor soils and minimal separation from the water table. As a result it is likely
that all developable ground within the area will be faced with development pressure at some
point in the future.
Staff recommends 20/20
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area provides habitat for wildlife as refuge from the farmed and developed areas around it.
The study area is drawn to show a corridor concept that could connect to Coon Creek.
Staff recommends 10115 with potential for a higher score based on the final master plan
design.
[I] Potential to be contiguous to additional conservation area
The corridor could connect with a preservation area along the north side of Coon Creek.
0 Staff recommends 10/10
-It/~
~NDbVE~ Open Space Study Area - Rural Reserve
Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional.scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
The area contains stands of oak trees.
Staff recommends 10115
Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
The area would be large enough at the north end to be considered a buffer. The area could
become quite arrow or even be connected through an urban area with only with a trail.
Staff recommends 3/10 with potential for a higher score based on final design of the area.
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to these features. Additional scoring if the buffer area
is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The west side of the forest is adjacent to some small wetlands. There is a shaded area at the
southwest edge of the largest oak stand but it is not numbered in the PWI
0 Staff recommends 2/10
The Area Provides Opportunities for Passive Recreation and Observation ofthe
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
The area would provide for passive recreation and observation as a corridor through this future
urban area.
Staff recommends IS/IS
Other Notable Features (Historical Educational Archaeological Aesthetic Other)
Scoring assigned as documented on a case by case basis
The potential to design the future urban area to complement the natural features is worth some
points.
Staff recommends 3/5
0 Conclusion
As stated above, it would be appropriate to identify areas within the rural reserve for future
preservation, so that they will be considered when the plan is prepared.
~15'~
)7.\NDbVE~ Open Space Study Area - Section 23
Overview
The area is adjacent to Crosstown Boulevard and the Sophies South development. It contains
oak woodland-brushland on approximately 27 acres. There are two properties and two property
owners. A future collector street and trail are shown through the property from north to south.
Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve
and Enhance Natural Resources
The area satisfies this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
The area is in the current urban growth stage and sewer and water are available to serve the
property.
Staff recommends 20/20
0 Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area will provide some habitat but could not be considered a corridor.
Staff recommends 4/15 with potential for a higher score based on the final master plan
design.
[!] Potential to be conti~uous to additional conservation area
The area would not be contiguous to additional conservation area.
Staffrecommends 0/10
Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
The area is an oak woodland-brushland
0 Staff recommends 10/15
-~-
Sl\NDbVE~ Open Space Study Area - Section 23
0
6 Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on I
effectiveness in protecting or connecting native plant communities
The area would not be a buffer for these features.
Staff recommends 0/10.
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to these features. Additional scoring if the buffer area
is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The area is not adjacent to these features.
Staff recommends 0/10
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
The area would provide for passive recreation and observation, and could connect to a future
trail and street.
Staff recommends 10/15
Other Notable Features (Historical Educational Archaeological Aesthetic Other)
Scoring assigned as documented on a case by case basis
There is little else of note.
Staff recommends 0/5
Conclusion
The area presents one of few remaining opportunities to preserve native plant communities in the
urban area of the city.
0
~/7-
9\NDbVE~ Open Space Study Area - Crooked lake
Overview
The area is 1.5 acres in size and located on the north end of Crooked Lake and adjacent to the
boat landing. It is presently occupied by the Sloth Nursery. It does not contain native plants but
does have, tree cover in areas of the site.
1 Prerequisite: The Area to be Protected is Sufficient in Size and Location to Preserve I
and Enhance Natural Resources
The area may not satisfY this criterion.
The Area Presents an Opportunity to Protect Significant Natural Resources That
2 Would Otherwise be Negatively Affected by Development or
Negligence
Considerations include the development potential of property and lack of protection by
regulations such as wetland and floodplain regulations or existing easements
It is anticipated that the Sloth Nursery will not be the final use of this property. This site is
probably the last opportunity to obtain public land this close to Crooked Lake. It adjoins the
boat landing. However, there are not significant natural resources on the site itself.
Staff recommends 5/20
0
Lands Important as Native Wildlife Habitat and Corridors Scoring based on existence
3 of habitat for native animal species. Additional consideration given for the size of area (less
than one acre, more than one acre or larger) width of the area (greater or less than 100 feet)
and whether the area connects areas of native animal species habitat
The area will provide would not contribute significantly to wildlife habitat or corridors. It would
provide additional public area adjoining the boat landing.
Staff recommends 3/15
[[] Potential to be contiguous to additional conservation area
The area would not be contiguous to additional conservation area, only the boat landing and
Crooked Lake.
Staffrecommends 3110
Native Plant Communities (Identified in DNR Subsection Profile of Anoka Sand Plain)
5 Consideration based on size and quality of the area. Additional scoring if threatened or
endangered species of plants or animals are present (DNR NHIS Data).
0 The area does not contain native plant communities.
Staff recommends 0/15
-10'-
~NDbVE~ Open Space Study Area - Crooked lake
6 Buffer Adjacent to Upland Native Plant and Animal Communities Scoring based on
effectiveness in protecting or connecting native plant communities
The area would not be a buffer for these features but would provide additional upland ara
adjacent to the boat landing andfCrooke dLake.
Staff recommends 2/10.
Buffer Adjacent to Lakes Streams Wetlands and Natural Watershed Systems Scoring
7 based on width of area and its ability to these features. Additional scoring if the buffer area
is adjacent to area within the DNR Public Waters Inventory or Coon Creek
The area is adjacent to Crooked Lake.
Staff recommends 10/10
The Area Provides Opportunities for Passive Recreation and Observation of the
8 Natural Environment for the General Public Scoring based on public access and
whether the area is visible to the general public
The area would provide for passive recreation and observation, away from the active use of the
boat landing.
0 Staff recommends 12/15
Other Notable Features (Historical Educational Archaeological Aesthetic Other)
Scoring assigned as documented on a case by case basis
There is little else of note.
Staff recommends 0/5
Conclusion
This area may not be well suited to the evaluation criteria, but may be a valuable addition to the
existing public property at this location.
0
-/"f>
1 DRAFT
2
3
4
5
6 REGULAR ANDOVER OPEN SPACE ADVISORY COMMISSION MEETING
7 FEBRUARY 13, 2008
8 MINUTES
9
10
11 The Regular Meeting of the Andover Open Space Advisory Commission was called to order by
12 Chairman Deric Deuschle, February 13, 2008, 7:01 p.m., at the Andover City Hall, 1685
13 Crosstown Boulevard NW, Andover, Minnesota.
14
15 Commissioners present: Gretchen Sabel, lody Keppers, Jim Olson, Winslow Holasek,
16 Bruce Perry and Kim Kovich
17 Commissioners absent: None
18 Also present: City Planner, Courtney Bednarz
19 Others
20
21
22 APPROVAL OF MINUTES
O~ January 9, 2008
25
26 Motion by Kovich, seconded by Olson, to approve the minutes as presented. Motion carried on
27 a 7-ayes, O-nays, O-present, O-absent vote.
28
29
30 Commissioner Perry thanked Chairman Deuschle and Commissioner Sabel for going to the
31 League of Women's Voters meeting and reporting the status of what they do at the Open Space
32 Advisory Commission.
33
34
35 UPDATE FROM COUNCIL WORK SESSION
36
37 Mr. Bednarz stated staff presented a progress report to the Council at their January 220d work
38 session. The Council conveyed several things to share with the Commission.
39
40 The Council has a couple of comments on the scoring matrix. They did not feel that number #7
41 was important given the protections already provided for watersheds by the law. They suggested
42 combining #7 and #8. The Council also felt that #9 should be scored significantly higher. Staff
43 suggested that some of the points from combined #7 and #8 could be assigned to #9.
44
45 The Council also felt that waiting until next year to apply for grants would be too long a gap
01~ from the 2006 Referendum. They directed staff to put together a proposal for submittal by
March 31, 2008. This means that the Commission will need to select several areas to pursue at
48 the meeting. The Council was in favor of a joint meeting with the Open Space Commission.
49 The date has been set for Tuesday, February 26, 2008 at 6:00 p.m. The Council also authorized
Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 2
1 the Commission to pursue grant dollars for field work to refine the natural resource inventory in
2 priority areas of the City.
3
4 Commissioner Olson stated he looked back at the July 11,2007 meeting and it is the criteria for
5 the Open Space which is what they use for their criteria and the number one item from the
6- criteria is the one that was morphed into Number Seven. He stated he did not have a huge
7 problem with it being changed. Commissioner Kovich thought the Council was mislead and this
8 had nothing to do with W ACA laws.
9
10 Commissioner Perry wondered how Number Seven fit into Number Nine. Chairman Deuschle
11 noted Numbers Seven and Eight were merged together.
12
13 Mr. Bednarz explained the reasoning for the Council merging the numbers together.
14
15 Commissioner Olson wondered what the Council considered public access. Mr. Bednarz thought
16 it would be being able to walk into it and seeing it. Commissioner Olson wondered if they
17 would even be interested in land that did not have public access. He wondered if that was a code
18 word for trails and parks. Mr. Bednarz stated the funds cannot be used for trails or parks and if
d~ they find a site which a trail could be put through the funds would have to come from other
funds.
21
22 Commissioner Kovich stated he did not have a problem with changing the points but he did not
23 like the idea of throwing out Number Seven because wetlands are already covered. Mr. Bednarz
24 stated they can play with the list and it may change as they look at different properties. He
25 thought they spent enough time looking at the list and thought they needed to look on at the
26 properties and evaluating them.
27
28 Chairman Deuschle agreed and did not have a problem with losing Number Seven. He did not
29 know ifhe wanted to lose the emphasis by having it in there.
30
31 Commissioner Seibel thought in Number Eight of the criteria they should delete "buffer" and add
32 "land including or adjacent to". The Commission felt "protect" should not be removed from
33 Number Eight. They also changed the following in Number Eight "Scoring based on width size
34 of area and its ability to protect lakes streams and wetlaBds. These features. Additional scoring if
35 the lffiffeF area is adjacent to area with the DNR Public Waters Inventory or Coon Creek."
36
37
38 APPLICATION OF REVIEW CRITERIA TO STUDY AREA
39
40 Mr. Bednarz stated staff has prepared information for nine study areas based on review of the
41 natural resource inventory. The Commission is asked to review each of these areas at the
01~ meeting and suggest priority sites to pursue for the 2008 grant. Several sites will be necessary as
not all property owners will be interested.
44
45 Commissioner Olson thought Item #6 was a pretty weak area and they should not look at it at
Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 3
1 this time. Commissioner Keppers thought from the City's point of view it would be a high area
2 to look at to preserve. Mr. Bednarz thought this area was important to the City to protect
3 because of the creek and corridor. He noted there are no features currently on the land but it can
4 be restored to its natural state. He stated the idea was to preserve the entire area along Round
5 Lake Corridor without putting houses there along the creek.
6
7 Chairman Deuschle thought it would behoove the City to purchase the area between the road and
8 right of way along Bunker Lake Boulevard for their corridor and use the open space dollars in
9 other areas.
10
11 The Commission discussed all nine areas and eliminated six before reviewing the [mal three for
12 recommendation.
13
14 Commissioner Kovich thought before they could make a recommendation they would need to go
15 out and look at each piece of land being considered and he would not feel comfortable making a
16 recommendation without doing that.
17
18 Commissioner Olson thought all of the properties along the Rum River should get high priority
d~ in the future because they should be protected.
21 The Commission felt the top three sites that should be explored for grant money are:
22
23 1. Section 1 with a total of 70/1 00 possible points.
24 2. South of Leeman Lake with a total of 95/100 possible points.
25 3. Section 11 with a total of75/100 possible points.
26
27
28 Open Space Study Area - Section 1
29
30 Immediately west of i" A venue at the north edge of the city and along the south bank of the
31 Rum River there are three large parcels that contain some oak forest and some farmed area. This
32 study area is 110 acres in size. Approximately 45 acres are encumbered by floodplain or
33 wetland. The land is classified as agricultural and owned by one family. The city does not plan
34 to serve the area with sewer and water. The minimum lot size would be 2.5 acres.
35
36 Item # 1 - Staff felt the area satisfies this criterion.
37
38 Item #2 - Staff noted there is potential for development of more than half of the 110 acres in this
39 area. Street access could be provided from 7th Avenue or through a public easement that exists
40 along the south end of the property. Staff recommends 20/20.
41
01~ Item #3 - Staff stated the area provides habitat for wildlife along the river corridor. The
forested area is approximately 50 acres in size. About half of the forested area is in "the
44 floodplain along the river. Another 60 acres of farmed area exists across the three parcels.
45 About 20 acres of the farmed area is in the floodplain along the river. The size of a preservation
0 Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 4
1 area would need to be determined in discussions with property owners. Staff recommends 12115
2 with potential for a higher score based on discussions with property owners.
3
4 Item #4 - Staff indicated the area itself could be considerable conservation area at
5 approximately 110 acres in size. The river, development to the south and 7th Avenue provide
6 barriers to connection with other conservation areas. The score should be based on the size of
7 the conservation area. Staff recommends 7/10 with potential for a higher score based on
8 discussions with property owners.
9
10 Item #5 - Staff noted the area contains a 50 acre oak forest, about half of which is outside the
11 floodplain. No NHIS data exists for this area. Staff recommends 13115.
12
13 Item #6 - Staff explained the oak forest would buffer the river and is large enough to be
14 considered a buffer unto itself. Additional farmed area would add additional buffer to the forest.
15 The size of the area that is preserved should affect the score. Staff recommends 7110 with
16 potential for a higher score based on discussions with property owners.
17
18 Item #7 - Staff stated the north and west ends of the area adjoin the Rum River associated
O~ floodplain. The river and a wetland on the south end of the properties appear in the PWI Staff
recommends 10110.
21
22 Item #8 - Staff explained the access to the area could be achieved via the Anoka County ih
23 Avenue Regional Trail when it is constructed by Anoka County in the future. Vehicle access
24 from ih Avenue, if desired, may be possible in the future. In the interim, the area would be
25 visible along ~ mile of 7th Avenue at this entrance to the city. Staff recommends 10115
26 acknowledging the score could be higher in the future with some or all of the improvements
27 described above.
28
29 Item #9 - Staff noted the site is located at an entrance to the city along a major transportation
30 corridor. Staff recommends 415.
31
32 Conclusion: This is one of few undeveloped sites that remain along the Rum River. The site is
33 large and borders the river on two sides. The area should be preserved.
34
35 Total Points = 70/100
36
37 Commissioner Olson wondered why this would not go all the way to the lake. Commissioner
38 Kovich thought a nice point for this piece of land is that Crosstown Boulevard is a good way to
39 look at it and if they want support in the future, they need to pick a piece that is a high score.
40
41 Chairman Deuschle thought they needed to have one piece of land on Rum River. He thought
O:~ that was a high priority.
44 Open Space Study Area - South of Leeman Lake
45
0 Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 5
1 The area lies between Crosstown Boulevard and Leeman Lake in the northwestem part of the
2 city. It is approximately 91 acres in size and contains patches of oak and aspen. Approximately
3 30 acres of the area is encumbered by wetland and floodplain. There are six properties with 5
4 owners. A future state aid street and trail route are shown. This route could be changed based
5 on a number of factors, including a desire to preserve the area.
6
7 Item # I - Staff felt the area satisfies this criterion.
8
9 Item #2 - Staff stated the area is outside of the urban service area and the city does not plan to
10 serve it with sewer and water. The minimum lot size would be 2.5 acres. There is upland
11 adjacent to Crosstown Boulevard that could be threatened by future rural development. This
12 would cause considerable damage to the scenic value of the property to achieve a marginal
13 development. Staff recommends 15/20.
14
15 Item #3 - Staff noted the land provides habitat and adjoins a floodplain corridor that connects
16 Leeman and Ward Lakes with a much larger floodplain corridor in the northern part of the city.
17 Staffrecommends 15/15.
18
O~ Item #4 - Staff explained the area could be a large conservation area of its own and connects
with a larger floodplain area as noted above. Staffrecommends 10/10.
21
22 Item #5 - Staff noted the area contains oak and aspen trees. 1t is also a documented NH1S site.
23 Staff recommends 15/15.
24
25 Item #6 - Staff stated upland plant and animal communities at the north end would be buffered
26 from Crosstown Boulevard with a preservation area along this transportation corridor. Staff
27 recommends 10/10.
28
29 Item #7 - Staff noted the area would buffir the south side of Leeman Lake and a large floodplain
30 corridor. It contains three PWI wetlands. Staff recommends 10/10.
31
32 Item #8 - Staff explained the area would provide for passive recreation and observation, with
33 access from Crosstown Boulevard and a future trail and potentially another street and trail route
34 from the west. Staff recommends 15/15.
35
36 Item #9 - Staff stated the site has exceptional aesthetic value. Staff recommends 5/5.
37
38 Conclusion; The area contains all of the evaluation criteria. Preservation of as much of the area
39 as possible should be pursued.
40
41 Total Points = 95/100
01; Open Space Study Area - Section 11
44
45 This location contains one of the largest contiguous forested areas in the City. It is
Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 6
1 approximately 225 acres in size. It also adjoins a large floodplain corridor however the
2 floodplain is not in a natural condition as it has been used as a sod farm for many years. The
3 area contains 8 wetland or floodplains. The area is outside of the urban service area and,
4 conservation development notwithstanding, will have a minimum lot size .of 2.5 acres. Future
5 state aid collector streets and trails are proposed to traverse the property both north to south and
6 east to west.
7
8 Item # 1 - Staff felt the area satisfies this criterion.
9
10 Item #2 - Staff thought the area is adjacent to urban development and a temporary cul-de-sac.
11 Future streets and trails are planned through this area. Although outside the urban service area
12 and not planned to be served by city sewer and water rural development is likely and would have
13 a detrimental effect on the forested areas. Staff recommends 20/20.
14
15 Item #3 - Staff felt the area provides habitat for wildlife and buffers a large floodplain corridor
16 on the west side of the railroad The size of the area would need to be determined in discussions
17 with property owners. Staff recommends 10/15 with potential for a higher score based on
18 discussions with property owners.
O~ Item #4 - Staff stated this potential exists. The area spans eight properties along a mile corridor
21 from north to south. The corridor could be as little as 400 feet wide at the south end to as wide
22 as a ~ mile near its center, acknowledging that a future road will bisect the area. Staff
23 recommends 9/10.
24
25 Item #5 - Staff noted the area contains one of the largest contiguous oak forests in the city. No
26 NHIS data exists for this area. Staff recommends 14/15.
27
28 Item #6 - Staff stated the forested areas along this floodplain corridor provide excellent habitat
29 for animals. The area is large enough to be considered an upland buffir. The width of the area
30 that is preserved should affect the score. Staff recommends 6/10 with potential for a higher
31 score based on discussions with property owners.
32
33 Item #7 - Staff explained the west side of the forest is adjacent to some small wetlands. They are
34 not in the PWI Staff recommends 3/10.
35
36 Item #8 - Staff stated it is unlikely that agreement will be reached with the property owner at the
37 south end of the forest. This would delay public access until that property develops and the
38 street and trail are extended to the north. Once this occurs, however, the street and trail will
39 provide nearly ideal public access. Staff recommends 10/15.
40
41 Item #9 - Staff noted the aesthetic value of a forest this size is worth some points. Staff
q; recommends 3/5.
44 Conclusion - It is easy to see that this forest is one of the last best opportunities for preservation
45 in the city. Efforts should be made to preserve it.
~
0 Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 7
1
2 Total points = 75/100
3
4 The Commission looked at aerials of the three parcels and reviewed them.
5
6 Motion by Olson, Seconded by Perry, to recommend the following areas for consideration of an
7 initial grant application:
8
9 1. Section 1 with a total of 70/1 00 possible points.
10 2. South of Leeman Lake with a total of 95/1 00 possible points.
11 3. Section 11 with a total of75/100 possible points.
12
13 Motion carried on a 7-ayes, O-nays, O-present, O-absent vote.
14
15 Mr. Bednarz reviewed the next steps of the process with the Commission.
16
17
18 OTHER BUSINESS
19
.~~ a. Next Meeting - Joint City Council Meeting
22 Mr. Bednarz noted there will be a joint meeting with the City' Council on February 26, 2008 at
23 6:00 p.m. at the Council Workshop.
24
25 b. March 2008 Open Space Advisory Commission Meeting.
26
27 Chairman Deuschle thought the March 2008 meeting should focus on the grant application.
28
29 c. Three Parcels picked for Grant Application
30
31 Commissioner Kovich stated they only have the recommendation of the staff on the three
32 properties they selected and have not applied their own criteria to the selections. He indicated he
33 had an issue with this. He noted he did not disagree with any of the areas selected but thought
34 they should apply the criteria to the areas.
35
36 Mr. Bednarz asked Commissioner Kovich if he has ranked all the properties himself like other
37 Commission members indicated they had. Commissioner Kovich stated he did not and thought
38 they should discuss the criteria and possibly drive by the site.
39
40 Chairman Deuschle thought they had enough justification with the points. He thought the order
41 in which they are listed may change by further discussion but he thought the scores would
Q~ closely match staffs and he felt comfortable with using those scores as justification. He stated
he would not want to recommend anything for the grant without looking at the parcels.
44
45 Commissioner Keppers thought the properties did need to be looked at more closely before the
0 Regular Open Space Advisory Commission Meeting
Minutes - February 13, 2008
Page 8 e
i
I
i
I City takes any action on them but what they are doing at this point is cutting down the areas for
2 contacting people and grant application. He thought this was a good start and was not too
3 concerned about jumping into this. Commissioner Olson thought the criteria was a tool to be
4 used in the overall evaluation process.
5
6 Commissioner Seibel wondered how the parcels were chosen by staff for Commission review.
7 Mr. Bednarz reviewed how staff chose the parcels.
8
9
10 Motion by Perry, Seconded by Olson, to adjourn. Motion carried unanimously. The meeting
11 adjourned at 8:30 p.m.
12
13 Respectfully submitted,
14
15 Susan Osbeck, Recording Secretary
0
0
Legend
Natural Area Patches (Ecotype)
0 D Alder swamp
~...g Alder swamp - saturated soils
D Aspen forest
1Z;r:I..7J Aspen forest - saturated soils
~ ,,"r~"1 Aspen forest - temporaily flooded
I'""'.~~~ Cattail marsh - intermittently exposed
I:.. o:.~ Cattail marsh - seasonally flooded
~:::::<{.:.l Cattail marsh - semipermanently flooded
D Dry oak savanna
~ Dry oak savanna barrens subtype
n~:<{:.:l Dry oak savanna sand-gravel subtype
_ Dry prairie
!II Dry prairie barrens subtype
_ Eastern Red Cedar woodland
_ Floodplain forest
_ Lowland hardwood forest
_ Grassland with sparse conifer or mixed deciduous/coniferous trees
0 _ Mixed emergent marsh
_ Mixed emergent marsh - intermittently exposed
_ Mixed emergent marsh - seasonally flooded
_ Mixed hardwood swamp
_ Mixed hardwood swamp - seasonally flooded
_ Oak forest
_ Oak forest dry subtype
_ Oak forest mesic subtype
_ Oak woodland-brushland
_ Poor fen
_ Poor fen sedge subtype
_ Rich fen floating-mat subtype - semipermanently flooded
I..... .......I.Saturated deciduous shrubland
B Seasonally flooded deciduous forest
l:V./:hl Seasonally flooded emergent vegetation
_ Tamarack swamp
_ Upland mixed coniferous-deciduous woodland
0 D Wet meadow
~ Wet meadow shrub subtype - saturated soils
_ Willow swamp
III Willow swamp - saturated soils
Section 1
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C I T Y o F @
NDOVE
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrat
David D. Berkowitz, Director of Pub lC orks/City Engineer ~
FROM: Jason J. Law, Assistant City Engineer
SUBJECT: Discuss State Aid Designations & Revocations - Engineering
DATE: February 19,2008
INTRODUCTION
The City Council is requested to consider Municipal State Aid Street (MSAS) revocations and
designations for 2008.
DISCUSSION
As new local City streets are constructed, 20% of the total new mileage can be designated as MSAS.
Currently the improved mileage total for the City as of December 31, 2007 is 201.72 miles. This
0 mileage includes currently designated MSAS, County Road Turnbacks (Crosstown Blvd), County
Roads (CR), and local City streets. Currently we have 41.75 miles of roadway designated as MSAS.
The 20% calculation allows for an additional 0.32 miles available for new designations.
The Public Works Committee is recommending to the City Council that MSAS designations on
existing CR's be revoked and those miles be designated along existing and/or potential future City
streets. This is crucial to maximizing the long term State Aid funding available to the City. Under
the current MSA system, when a CR is turned back to the City, the City is able to designate the
entire segment as an MSAS turnback. This allows the City to have roadways designated as MSAS
over and above the 20% limitation imposed by State Statute. However, if the CR is already
designated as an MSAS when it is turned back to the City, it is not eligible for turnback status for
purposes of state aid funding, which results in a net loss of potential roadway miles (and funding)
available to the City for MSAS designations. Each mile that is designated as MSAS generates on
average $14,737 in State Aid funding for the City per year. Maximizing the total mileage that can
be designated will result in the highest potential level of State Aid funding. Anoka County is
including the following routes as potential turnbacks in their 2030 Comp Plan:
. Crosstown Boulevard (CR 18) - From 133rd Avenue to University Avenue
(Designated MSAS from Andover Blvd to Hanson Blvd)
. Verdin Street (CR 59) - From 161 sl Avenue to 181S! Avenue
(Designated MSAS from 1681" Lane to 1 77th Avenue)
. Andover Boulevard (CR 16)- From Crosstown Blvd to University Avenue
0 (Designated MSAS from Hanson Blvd to Prairie Road)
. Valley Drive (CR 58) - From i" A venue to 18151 Avenue
. 1651" Avenue (CR 158)- From i" Avenue to Valley Drive
. I 77th Avenue / Palm Street (CR 58) - From 181 s! A venue to University Avenue
Mayor and Council Members
February 19, 2008
0 Page 2 of2
The following table (also see attached map) depicts the routes that City Staff, based upon the Public
Works Committee's recommendation, recommends revoking MSAS status from. Each ofthese
segments are along County Roads. A segment of Crosstown Boulevard from Nightingale Street to
Hanson Boulevard (0.47 miles) is not recommended to be revoved at this time as State Aid funds
have been expended upon this segment, and a depreciated amount of those funds would have to be
reimbursed to MnDOT ifit's designation was revoked at this time. Once these improvements have
totally depreciated, staff will recommend revoking this designation as well.
MSAS
No. MSAS Route to Revoke Len2th
I 20unty Road 59 (Verdin Street - I 68th Lane to I 78th Lane) - MSAS 13 5 1.14 miles
2 County Road 16 (Andover Blvd - Hanson Blvd to Prairie Road) - MSAS 110 1.33 miles
3 County Road 18 (Crosstown Blvd - Andover Blvd to Nightingale Street) - MSAS 131 * 0.65 miles
Total 3.12 miles
* 0.47 miles still designated MSAS (Nightingale St to Hanson Blvd)
If the City Council agrees with the MSAS segments to be revoked, the total mileage available to
designate as MSAS is 3.12 miles + 0.32 miles = 3.44 miles.
0 The following table (also see attached map) depicts the routes that City Staff, based upon the Public
Works Committee's recommendation, feels should be designated as MSAS. Designation of these
routes would result in 3.41 miles of newly designated MSAS.
MSAS
No. MSAS Route to Desi2nate Len2th
4 I 74th Lane (Round Lake Blvd to Verdin Street) 1.00 miles
5 38th Avenue (Bunker Lake Blvd to Anoka city limits) 0.06 miles
6 Jivaro Street! 170th Avenue (I 65th A venue to 7th Avenue) 1.25 miles
7 167th Avenue I 168th Avenue (University Avenue to Ward Lake Drive) ** 0.60 miles
8 Dakota Street (1 57'h Avenue to Valley Drive) 0.50 miles
Total 3.41 miles
* * Requires realignment of existing MSA route east of Ward Lake Drive
ACTION REQUIRED
The City Council is requested to review and approve the Public Works Committee's
recommendations for revocations and designations ofMSAS. If approved, City staff will meet with
MnDOT personnel for approval, and subsequently, formal City Council resolutions would have to
be approved and submitted to MnDOT by May 31, 2008.
Respectfully submitted,
0 ~~~
Jason 1. Law, PE
Attachments: Location Map./
@
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: February 19, 2008
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the March 4, 2008 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
0 1. Architectural Review - Daycare Facility
2. Update on Area Identification Signs
3. Bunker Lake Boulevard Median Update
4. Redevelopment Opportunities Update
5. Letter of Intent Review and Purchase Agreement Updates
6. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items
ACTION REOUIRED
Schedule an EDA meeting at 6:00 pm before the March 4, 2008 City Council meeting.
-
0
@
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) .755~5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule March Council Workshop
DATE: February 19, 2008
INTRODUCTION
The Council is requested to schedule a Special Council Workshop for the month of March for a
number of miscellaneous business items.
DISCUSSION
0 Potential agenda items for a March workshop have been identified as follows:
1. Comprehensive Plan Update Discussion
2. 2009-2012 CIP Guideline Discussion
3. 2009 Operating Budget Guideline Discussion
4. Council Goals Progress Report
5. Department Reports
Other items may be added upon request.
ACTION REOUIRED
Schedule a Council Workshop, a suggested date is Tuesday March 25th at 6:00 p.m. or another
date or time acceptable to the Council.
'-
0
@
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763)755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: February 19, 2008
The City Administrator will give a brief verbal update on various items ofinterest 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 Activity
3. Update on Public Improvement Projects
0 4. Meeting reminders
5. Miscellaneous Activities
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.
0
-
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