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Home My WebLink AboutSP April 26, 2001 ''\ CITY of ANDOVER I 1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 Special Joint City Council & Park and Recreation Commission Meeting April 26, 2001 7:30 PM 1, Mayor to Call to Order 2. Discuss Bonding for ParkslTrails, Continued 3. Discuss ONR Grants, Continued 4. Discuss Selling & Leasing of Park Property, Continued 5. Discuss Position of Park & Recreation Director, Continued '\ 6. Discuss Weekend Tournaments of the Athletic Associations, Continued '-/ 7. Discuss Proposed Ordinance 229 Amendments & Policies & Duties of the Commission (New) 8. Other Business 9 10. Adjournment '. '-J ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: April 26, 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Todd Ha~ Parks ITEM NO. . J~scuss Bonding for ParkslTrails, Continued The City Council & Park & Recreation Commission are requested to continue discussing the possibility of bonding for parks/trail development. Attached is information that was presented to the City Council and Commission within the last month for your review. \ J / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: April 3, 2001 AGENDA SECTION ORIGINATING DEPARTMENT Non-discussion / Consent Finanee \, Jim Dickinson ITEM NO. Update I Bonding For Parks Background: At the March 20, 2001 Council meeting I indicated that I would gather data from the City's Financial Advisor and Bond Counsel related to fmancing park improvements. I have attached memos received over the past week describing the process and referencing the authority. Listed below are a few of my comments after reviewing the memos: - The 20% is the minimum ofwha~ would have to be assessed, I would recommend that if the city decides to finance using this method that the City assess more than 20 % of the project to protect against appeals of the assessment. - Make sure that the projects are combined early in the process. . - Be aware of the use of "other monies" used to pay debt service, that the funds need to be deposited to the debt service fund at an appropriate time and taken into consideration if general tax levy is selected as a revenue stream, If you have any questions please contact me at 767-5110. / .'. .. / EHLERS & ASSOCIATES IN C 0 To: Jim Dickinson :E From: Rusty Fifield W Date: March 26, 2001 :E Subject: Financing Park Improvements .. This memo describes the approach for issuing bonds to fmance park improvements in Andover. The finance plan relies on the following elements: 1. The park improvements meet the definition in Minnesota Statutes, Section 429.021, Subdivision 1(6). In this statute, park improvements are defined as "acquire, improve and equip parks, open space areas, playgrounds, and recreational facilities within or without the corporate limits". 2. The City will undertake other public improvements under Chapter 429, such as construction of street, sewer and water in a new subdivision, / 3. The City will combine the park and other projects into a single "improvement" under the authority of Minnesota Statutes, Section 429.021, Subdivision 2. 4. The City will assess at least 20% of the cost of the combined improvement. This approach allows the City to spend monies in the Permanent Improvement Revo1 ving Fund and to issue PIRF Bonds to finance the projects. With this approach, special assessments will not fully support principal and interest on the Bonds. The additional money needed to pay debt service can come from several sources: . Monies in the PIRF, . Park dedication fees. . General property taxes. . Other revenues of the City that can be allocated for this purpose. I have prepared an example to illustrate the financing capacity of this approach. The primary objective is to have not less than 20% of the costs of the improvement to the City assessed to benefited properties. If the City wants to fmance $1,000,000 in park improvements, an additional project of $250,000 that will be 100% assessed is .the minimum tbreshold. If 80% of the other project costs will be assessed, the minimum thresho ld rises to $333,333. The table on the next page shows these options. -, LEADERS IN PUBLIC FINANCE. t 3060 Centre Pt>nte Drive 651..697.8506 fax 651.697.8555 Rosevllle, MN 55113-1105 rusty@et1Iers-ino.c:rn . - Financing Park Improvements . March 26, 2001 / Page 2 Type of Cost % Assessed Improvement Park 1,000,000 0% Street/sewer/wate 250,000 100% r Combined 1,250,000 20% Type of Cost % Assessed Improvement P~rk 1,000,000 0% Street/ sewer /wate 333,333 80% r Combined 1,333,333 20% This approach to financing park improvements requires that the City following the procedural requirements of Chapter 429. The key steps in this process include the following: 1. The City must act to combine the individual projects into a single statutory improvement. The step should be taken in the early stages of project development. The projects could begin as a common project in the engineer's feasibility study. The / projects could have separate feasibility studies and be combined by resolution of the City Council. 2. The City must hold a public hearing on the combined improvement. For many of your public improvements, the developer agrees to be assessed for 100% of the costs and waive the improvement hearing. Since not all costs ofthe combined improvement are assessed, a hearing will be required. The hearing must have published and mailed notice. MS. Section 429.031, Subdivision 1 requires that "notice of the hearing must also be mailed to the owner of each parcel within the area proposed to be assessed". Since costs of the park improvements will not be assessed,. mailed notice for these projects is not necessary. The need for mailed notice must be determined for each element of the combined improvement. I hope that this memo provides the information you need to begin the project planning . process. Do not hesitate to call me with any questions, W2200 FIRST NATIONAL BMlK BUILDING I 332 MINNESOTA STREET ST. PAUL, MINNESOTA 55101-1396 BRIGGS AND MORGAN TELEPHONE 651-223.6600 FACSlMJ1.E 651.223-6450 PROFESSIONAL ASSOCIATION WRITERS'DlRECI'DIAL (651) 223-6620 WRITER'S E-MAIL mippe1@briggs.com March 29, 2001 VIA E-MAIL Jim Dickinson Finance Director Andover City Hall 1685 Crosstown Blvd. Northwest Andover, :MN 55304-2612 / Re: Park Improvements Dear Jim: I have reviewed the Rusty Fifield memo of March 26,2001, relating to fmancing of park improvements and I concur with his analysis. Minnesota Statutes, Section 429.021, Subdivision 1(6) specifically identifies parks as a public improvement and Minnesota Statutes, Section 429.021, Subdivision 2 specifically provides that two or more types of improvement may be included in one proceeding and conducted as one improvement. If you have any additional questions, please do not hesitate to contact me. Very truly yours, HMAj L. (ffd Mary L. Ippel MLI:tfy 1273034vl ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 26, 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item ~d Haas, Parks ITEM NO. ,1 Discuss DNR Grants, Continued The City Council is requested to continue discussing the possibility of constructing an underpass on Bunker Lake Boulevard on the east side of the railroad tracks, Project 98-20. If the City Council recalls back in 1999 the City Council requested staff pursue applying for a DNR grant for the underpass. The City was notified in July 2000 of the award of the grant in the amount of $50,000. The total estimated cost to construct the underpass is in the neighborhood of $225,000. There have been questions raised by the City Council in regard to funding of the project. As you know, staff met with Jon Von Delinde, Anoka County Park and Recreation Director, regarding a financial contribution to the project. Mr. Von Delinde (see attached letter dated October 10, 2000) has indicated that at this point the County cannot be of more assistance to help fund the project. Although Mr. Von Delinde has indicated in his memo dated March 14, 2001, the County would supply the in kind services , I and materials to establish turf grass and native plantings at each end of the tunnel. Potential sources to fund the project could include the trail fund, park dedication, general fund or bond . for the project. Also, the City Council at the March 2001 joint meeting with the Park & Recreation Commission met with the Anoka County Highway Department to discuss the possibility of a traffic signal at the intersection of Sycamore Street NW (at the entrance of Bunker Hills Park) and Bunker Lake Boulevard. The possibility of installing a traffic signal at the intersection of Bunker Lake Blvd. was discussed in general terms with the County representatives (Jon Olson, County Engineer and Jane Pemble, Traffic Engineer). The following items were discussed regarding a traffic signal at this location: 1. The location has not met signal warrants in the past. 2. The close proximity of the railroad tracts would cause timing issues/problems at this location. 3. The most probable location for a traffic signal in the future would be Prairie Road/Bunker Lake Boulevard. The close proximity of these intersections is not conducive for multiple signals in this area. 4. Too many traffic signals will have a detrimental effect on traffic flow along this corridor. From our discussions with the County, it is very unlikely that a traffic signal would be installed at this location. If it is decided to further pursue this issue with the County a formal request would need to be submitted to them. 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" , _ ~ ~ ...-.:o--.-T." .~~ GLE',".,."." 7r-- ,. _ ~~ ~ 98 -;z.o AnokaCounty \ / Department of Parks & Recreation 550 Bunker Lake Boulevard NW . Andover, Minnesota FM -_ Telephone (612)757-3920 . FAX (612) 755-0230/ .. W:GEl\hT) 1 r-'-- ' ,,- - John K. VonDeLinde i ~1AR'-;'-~-~'~l J Director (""" I I i I C ":;::~---_.- "".- I I t . U' r.' - ~..._,.~, r .. i i i ; ;'.' .~ . ,'. ,";-. : Memo to: Todd Haas, Parks and Recreation Coordinator, City of Ando r--~, '.., . l' I '. ~ '._...1 From: John VonDeLinde. Director of Parks and Recreation Date: March 14, 2001 Subject: Tunnel Under Bunker Lake Boulevard As you had requested, I am providing information on my proposal to have the Anoka County Parks and Recreation Department assist with the site restoration of the proposed future city tunnel under Bunker Lake Boulevard, adjacent to the Burlington Northern/Santa Fe rail line. Anoka County Parks and Recreation would supply the in-kind services and materials to establish , turf grass and native plantings at each end of the tunnel along with two exterior security lights. The total estimated value of this work is $10,000, consisting of $5,000 in material costs and $5,0 f In-kind labor and equipment. Pie se eep me posted on the planned timing of the project J such that we can accommodate it i ou schedule of upcoming work. Feel free to call me if you have questions or require more d ai t 763.767.2860. cc: Ron Cox, Park Planner John Oyanagi. Park Operations Manager Affirmative Action I Equal Opportunity Employer 1 ~~, C-(7 Ct;l/.n~ { . . PM /< AfJD (2ecfeo..-hblt Co"""',)SJi ~ Anoka County 98-2D , Department of Parks & Recreation 550 Bunker Lake Boulevard NW . Andover, Minnesota 55304 Telephone (612) 757-3920 . FAX (612) 755-0230 John K. VonDeLinde RECEIVtD Director ~~l CITY n r -;--,,-- . ... .'. t "..... ---._...: October 10, 2000 ---~--,:i.C~,;'-j,.' !" "-1 ,-" Mr. Scott Erickson, P.E. City Engineer City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Re: CSAH 116 Pedestrian Tunnel Dear Mr. Erickson: Thank you for your recent letter regarding the city's plans to install a pedestrian tunnel under CSAH 116, near Bunker Hills Regional Park. I was pleased to see that you have secured a $50,000 grant from the Department of Natural Resources for this project. Congratulations on your continued success in the trails funding area. I agree with your assessment that the county and the city have enjoyed a good working relationship in the area of parks and trails development. The Bunker Lake Boulevard trail (Central Anoka County Regional Trail) development project is a case in point. Already the trail is seeing significant use by the public for recreation, as well as, for transportation purposes to and from local commercial centers. Upcoming improvements in the park, including a new internal trail link to the regional trail corridor, will further enhance access to the park by Andover residents. As you know, this project will include a tunnel under the BNSF railroad line, providing safe pedestrian flow across the park. An additional $4.8 million in regional park funding is also anticipated in the next 4-5 years - completing the redevelopment of Bunker Hills Park for the benefit of local and regional residents. Related to your request for assistance on CSAH 116 tunnel, I am sorry to inform you that the county does not have any funds available at this time. Since the tunnel is not a component of the approved regional trail corridor master plan, the project is not eligible for funding under the Metropolitan Parks capital improvements program. Similarily, the county parks and recreation department has not programmed any funds for the project, since it lies outside of the regional park boundary. I also spoke with Jon Olson, County Highway Engineer about the possible use of highway funds for your project. He informed me that all capital dollars for highway projects have already been allocated to specific county highway improvements identified in the county's comprehensive transportation plan. Again, I apologize that I cant be of more assistance to you at this time. I trust that you will be able to move forward with the project and to utilize the funds which have been made available by the Minnesota DNR. / The project would be of great benefit to local residents by linking the Andover trail system to the regional park facilities. Affirmative Action I Equal Opportunity Employer __n___. . .') Than yo again for the opportunity to consider your request. Please feel free to call me at any time at 767. 86 . 0 eLinde of Parks and Recreation cc: Commissioner Dave McCauley Commissioner Dennis Berg \ I ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I DATE: April 26. 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Todd Haa~ Parks ITEM NO. ~ .DiSCUSS Selling & Leasing of Park Property, Continued This is an update item for the City Council in regards to selling and leasing of park property. If the City Council recalls, the 2 parks that have been considered are Cedar Crest Estates Park (Park #6) and Tulip Street Park (Park #13). The Park & Recreation Commission has evaluated both parks again and they have determined that both parks should remain as parks. Cedar Crest Estates Park does have a nice stand of trees and appears to be well kept free of debris. If the City were to sell to the adjacent property owners, the owners would have the ability to cut the trees (not saying they would but they could). Same with Tulip Street Park. Also, just so you know that if Tulip Street Park were to remain a park, the City does have I the ability to have a street easement placed over the park if Tulip Street were ever to be aligned to meet state aid road design requirements Also, to remove for example the restriction of park on the deed, it is anticipated that it would cost the City about $6,000-$7,000 (the County has the parcel valued at $6,500). The value of the land would be set by Dennis Berg, Anoka County Commissioner. In previous cases, Commissioners that have been set by the value have been approved by the County board. - / 5.. .~ ~ .&... 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I ..- ) .-- -, L ::= !I ~'%>_ ~ .-- . ....'% .. -.....-. . ..- o~ r IIQ -...- Q:. .-- ~ "- ..-- r~ ..- ... -...- ....._ l:AJ~...,..n .....- ~l& .-- I . l:l ..._ 1Il_..._ III _._ .. ::= III ..._ "" _.IUIII ~ =:= o ~..-= ool ........, ....= . .. .....- III _,,_ : ::~ ~ ~ :Ie _.._ "l _..._ S ~ .-- :.'==: i ~. ., ..- 'i. ~ I .-- ~ ~ ~ ~ .-- 1 ~I.. ~~ I ~ -...- !-. . ~ ::= III .. ~a ~!! J ~ .-- ~ ~Hh! ~ ~ 0 . -...- ~T~ ~~~S8 fIll .,t . ucJlihU! n h (5) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I DATE: April 26. 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Todd Haas~ Parks ITEM NO. 6~iSCUSS Position of Park & Recreation Director, Continued The City Council is requested to discuss the issues relative to the potential need for a Director of Park & Recreation. Attached is a memo from John Erar, City Administrator, for your review. Also attached are the meeting minutes of the Commission as to the discussion that took place on April 5, 2001. I / '\ CITY of ANDOVER '_I TO: Mayor and Council Park and Recreation Commission FROM: John Erar, City Adrninistrator SUBJECT: Parks and Recreation Position DATE: April 26, 2001 INTRODUCTION The Parks and Recreation Comrnission has been discussing issues relative to the potential need for a Director of Parks and Recreation. DISCUSSION In review of the service issues under current discussion by the Cornmission, the need to identify park and recreation service objectives should be the first consideration prior to establishing how I the City would rneet any potential service needs. , / The most productive means of addressing Commission concerns would be to participate in a strategic planning process that would incorporate the following elements: 1) Develop a unified Cornrnission vision on park and recreation services in the cornmunity; 2) Identify park and recreation services currently available in the community; 3) Identify existing and available resources to meet community needs; 4) Formally involve stakeholders in the process to solicit input, feedback and current service data to assist the Commission in formulating service objectives; 5) Determine additional service needs and related deficiencies; 6) Establish desired outcomes in the form of specific service needs that meet articulated Commission objectives. Upon completion of this facilitated planning process, conclusions of this planning effort would then be discussed with the City Council whereupon Council could then determine whether additional resources should be directed to address specific. approved service outcomes. Should Council determine that the City would provide an enhanced level of services to meet perceived community needs, staff would then identify and recommend an appropriate rneans of addressing Council/Commission policy direction. '\ ,-j At this very preliminary point in the process, it would be premature to suggest a need for additional staffing in any particular form or manner. Once issues relating to community park and , recreation needs are determined, options, other than solely staffing, would be thoroughly I evaluated by my office and appropriate department staff to assess how best to meet articulated service needs. BUDGET IMPACT Unknown at this time. ACTION REOUESTED Upon review and discussion by the Council and Park and Recreation Cornrnission, determine an appropriate course of action leading to the identification of service related needs and desired policy outcomes. As identified above, a strategic planning process would be the most productive and meaningful way to address community park and recreational issues. ( ohn F. Erar City Administrator file , , , Regular Andover Park and Recreation Commission Meeting Minutes-April5,2001 / Page 2 Chairperson Holthus suggested the Commission fIrst determine the goals of the board and once those items are determined and the needs of the City aren't being met by the Commission, associations, and/or community education programs then the holes in the system would support the position of a Park & Recreation Director. She suggested the Commission come up with a vision statement and long term goals. Commissioner Blackstad explained that what Councilmember Trude was suggesting was to send out a questionnaire to the residents to fmd out what they would like changed, or added to what the City has to offer. He stated that the survey could be incorporated with a survey on the possibility of a community center. He also stated that he feels the position's responsibilities should be discussed amongst the Commission. Chairperson Holthus explained that she feels it's premature since the City doesn't have the community center amenities. Commissioner Blackstad stated that if the City did hire a Park & Recreation Director that person could review the construction specs of the center, in addition to being involved with all the activities that go along with the project. Commissioner O'Toole stated that he feels the City is ready for the position, however the problem will be the funding. He mentioned that the Council should give direction as to where the funds would come from to support the position. Commissioner Anderson arrived at 7:41 p.m. Commissioner English agreed with Chairperson Holthus in that the Commission should strategically plan and create a vision of what we want. He stated that if an analysis was done now to determine if a Park & Recreation position was necessary the answer would probably be no, however if the Commission had a plan in place it would be obvious the position would be critical. Commissioner Grabowski suggested doing a survey to detennine what it is that the residents want that the City isn't providing. Commissioner Blackstad questioned if the City would be duplicating services with the funds that go into the schools along with the position of Park & Recreation Director. j Commissioner Lindahl stated that he feels the City is close to needing the position, however suggested it be included in the budget plan in 2 to 3 years since the funds may not be available ~ Regular Andover Park and Recreation Commission Meeting Minutes - April 5, 2001 Page 3 until then. He mentioned that in that time period the job responsibilities would probably expand, since we haven't included the WDE site or the ice arena. Commissioner O'Toole stated that it's possible the money is already there, furthermore it could be beneficial to have the position on board now to free up some of Mr. Haas's time. COlmnissioner Anderson stated that the Commission needs to determine the job description or duties before anything else can be done. Mr. Erar stated that first the Commission should focus on what resources the City currently has and what we would like to offer that we're not already. He stated that doing so would help to determine the needs the City has right now and what we anticipate the needs to be in the future as the community grows. He mentioned that he believes the position should be funded through \ general tax levies. Mr. Haas suggested taking this infonnation back to the City Council to determine the next step. UPDATEIBONDING FOR PARK Mr. Haas explained that included in the staff report are memos that were received over the past week describing the process and referencing the authority. He stated that he listed his comments after reviewing the memos in the packet. Commissioner English explained that his idea was to use a revenue bond for developing trails in hopes to accomplish a lot at once and use the trail fees to offset that revenue. He stated that Councilmernber Trude has suggested using the same idea for the parks. He mentioned that he feels this would be more difficult since the trails benefit everyone, however the neighborhood parks service the surrounding neighborhood and the regional parks service are much larger area. Mr. Erar explained that funding the trails through the use of park dedication fees would be difficult since the situation varies from case to case. He stated that from his experience a revenue bond wouldn't be supported through park dedication fees, since one can't predict on when the fees will be paid. He suggested using a referendum process where the people would vote on it. Commissioner English suggested setting up a PIRF account, since this would help with the transition from the park dedication fund since we know that the City will reach a maximum capacity at some point. (5) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 26. 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Itern ~xVFrank Stone, Public Works Superintendent ITEM NO. Weekend Tournaments of the Athletic Associations la, . Council Member Mike Knight requested at the December 19,2000 meeting that discussion regarding weekend tournaments of the athletic associations be considered. Just as an update to the City Council, I have discussed the issue of rnanpower for weekend tournaments with the associations. The Association members at our meetings said they would take care of all their weekend tournaments. This would be a major assistance to the Andover Parks Department and benefit all parties involved. It appears, if the City Council agrees, no action on item is necessary. , Note: Just as an update for the City Council, on Thursday, March 29, 2001 Dave Blackstad and Al Grabowski rnet with Todd Haas and myself at the Public Works ~ivision to discuss fencing requirements that would be suitable for both the baseball and softball associations. Our intentions were to put together a standard for layouts of all ball fields in the City of Andover. I feel we have accomplished this at our meeting We also discussed fencing at the City Hall Complex, fields 1,2,3 and 4. These are the fields that some of the fences were removed last year, which have been discussed at rnany of your meetings. Out of the parks operating budget, we will replace the fence from the dugouts to the end of ag lime or start off the outfield as soon as we can get it done this spring. As I have said at past rneetings, fences that are damaged or past repair will be reported to the Park Commission and City Council with an explanation of repairs needed or if they should be removed do to damages (which we would not have funding to repair). We are also going out for quotes to redo the dugouts at fields 2,3, and 4 at the City Hall Complex. As long as we are installing fences on these fields, the cost rnay not be too much rnore to finish them as we proposed in the standard. Also, mowing strips will probably be installed at the same tirne. As we all know, this will probably be sorne of the last improvements rnade to these fields for some time, other than field one which will be turned some time in the future. We do appreciate the two association mernbers coming forward to help solve some small problerns with communications. I ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I DATE: April 26, 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Todd Haa~ Parks ITEM NO. Discuss Proposed Ordinance 229 Amendments & Policies & Duties of the Commission (New) ,. The City Council is requested to discuss issues that have been raised by the Park & Recreation Commission members. If you recall, the City Council had requested that issues were not to be discussed amongst the Commission until this joint meeting. Issue A - The first issue that was raised was by Commissioner Blackstad in regards to attendance and amending Ordinance 229. Attached is the discussion that took place with the Park & Recreation Commission members for your review. , , Issue B - This issue was raised by Madam Chair Holthus regarding codes of conduct and amending , Ordinance 229. Also attached is the discussion that took place with the Park & Recreation I Commission members for your review. Issue C (New) - This issue was raised by Commissioner English is regards to whether or not the Park & Recreation Commission is a Park Board or an advisory commission. Attached are 2 letters dated April 13, 2001 and April 23, 2001 from Barry Sullivan, Assistant City Attorney, as to duties of the Commission for your review. Also included is information that was provided from the handbook for Minnesota Cities that may clarify the differences between advisory boards and commissions. Also attached is a copy of the current Ordinance 229 for your review. J Regular Andover Park and Recreation Commission Meeting , Minutes - March 1, 2001 J Page 8 Commissioner English suggested the Commission say to the Council that if the fee were raised to $1900 there would be enough funds to do the ball fields at the high school. Commissioner Blackstad questioned the Commission on when the developer should be required to pay the fee. He suggested it be at the time of final plat approval. Commissioner Anderson stated that that is what the Commission had decided they would suggest to the Council. Commissioner O'Toole stated that if the Commission suggests the fee to be set at $1,800 the City will already be behind for 2002, therefore he suggested the fee be set at $2,100. He agreed that the fee should be paid at the time of final plat approval. He stated that the Commission should set the fee for 2002, since there probably won't be any plats up for approval this year. Commissioner English explained that the City can't say that the reason they want to raise the fee is because they're paying more money. Commissioner O'Toole suggested not setting the fee this year for 2002, since there are no fmal plats up for approval. Commissioner Grabowski stated that there could be a fmal plat that cornes up at the end of the year. , Motion by O'Toole, seconded by Grabowski, to recommend to the City Council approval of the Residential Park Dedication Fees to be set at $2,100 and must be paid at the time offmal plat approval. Further Discussion. Commissioner Anderson questioned the Commission if they are prepared to explain to the City Council why they want to raise the fee by $800. Motion carried on a 7 -ayes, O-nays, O-absent vote. CONSIDER ORDINANCE 229 AMENDMENTIDAVE BLACKSTAD COlmnissioner Blackstad presented an amendment to Ordinance No. 229. He explained that a Councilmember had requested he put this information together. ~ COlmnissioner English stated that he disagreed with the proposed amendment. He questioned if 1->~vP the amendment is referring to 5 or more unexcused absences. Commissioner Anderson questioned what wouid be the definition of unexcused. J COlmnissioner English questioned why Commissioners should be penalized for emergencies. - Regular Andover Park and Recreation Commission Meeting Minutes - March 1, 2001 J Page 9 . Commissioner O'Toole stated that he is not in favor of the proposed amendment. He stated that if the City Council decides to change the ordinance then fme, however there is no point in certain individuals digging up infonnation on others to try and sway the Council. He stated that it was brought up at the interviews for the new positions for the Park and Recreation Conunission, therefore the point has been made. He mentioned that everyone on the Commission is there to better the City and Commission mernbers don't miss meetings unless there's a reason. Commissioner Blackstad stated that the problem is that you apply for a position with the expectation that you will attend the meetings, therefore the Council is appointing you with that understanding. He questioned why one would want to be on the Commission if they miss more than 20% of the meetings. Commissioner Anderson questioned what would be an excused absence and whom should the Commissioners call if something comes up. Commissioner Blackstad stated that the Commissioners are to call the Chair if they can't attend. Commissioner Anderson questioned if special projects/meetings would be considered in the total number of meetings. He mentioned that he's attended nine additional meetings. Commissioner Grabowski stated that an excused absence would be acceptable if either the Parks Coordinator or the Chair has been called. Commissioner O'Toole stated that he feels the ordinance has worked well all the while he's been on the Commission the past 10 years. He stated that he doesn't see a problem with it now nor was there a problem with it in the past. Commissioner English questioned if changing the language to say unexcused absences would make it any more acceptable to the Conunission. Commissioner Anderson questioned what would-be an unexcused absence. Conunissioner English suggested it be left up to the discretion of the Council. . . Commissioner Grabowski suggested that the number of meetings acceptable or unacceptable be determined by the City Council. Commissioner English suggested the ordinance be amended to state X for the number of days and for the word unexcused to be included. I Conunissioner Grabowski stated that he would not agree with Commissioner English's a endment since there is no defInition for excused. Regular Andover Park and Recreation Commission Meeting Minutes - March 1, 2001 / Page 10 Commissioner Lindahl suggested the sarne policy be used as directed by the human resources department. Commissioner English stated that everyone on the Commission should take the responsibility to call Todd if they can't attend a meeting. Motion by English, seconded by Blackstad, to recommend to the City Council approval of Ordinance No. 229D, an ordinance amending Ordinance No. 229 to state: X (number) or more unexcused absences in a calendar year or X (number) consecutive unexcused absences of a member from duly called Commission meetings shall constitute an automatic resignation from Office. Determination that an absence is unexcused shall be at the discretion of the Commission Chair, the Parks Coordinator, and/or as defined by the personal handbook of the City of Andover. Motion carried on a 3-ayes (English, Blackstad, and Grabowski) 4-nays (Lindahl, Holthus, Anderson, and O'Toole), O-absent vote. Madam Chair Holthus also proposed an amendment to Ordinance No. 229. She suggested there be a Subsection H added to the ordinance regarding code of conduct. COlmnissioner O'Toole stated that he has heard that there are people that believe there is a conflict of interest on the Commission. Commissioner Grabowski explained that when he didn't want to run the softball programs anymore the association offered him money in order to keep it going. Commissioner English stated that he agrees with paragraph #1 and #3, however questions paragraph #2. He questioned how one would draw the line if it's not a compensated position and you're volunteering. Commissioner Blackstad questioned how dual membership is defmed. Madam Chair Holthus stated that it would mean having membership on this Commission and on an association board as well. Madam Chair Holthus questioned if anyone on the Commission feels that the athletic associations are underrepresented in the City of Andover. Commissioner English questioned ifhe was a Boy Scout Troop Leader and they went to have a picnic at a City park would he have to resign. I COlDlnissioner Blackstad stated that he wouldn't be able to umpire ~ymore games if paragraph #3 is approved: Regular Andover Park and Recreation Commission Meeting Minutes - March 1, 2001 ) Page 11 Commissioner O'Toole mentioned that there was a conflict of interest from the old Council and the citizens as well. Commissioner English questioned if Commissioner Grabowski and Commissioner Blaclcstad would accept the job of umpire, but refuse any income from the position. Commissioner Grabowski questioned if someone should give up $5000+ a year if there is a need for the position. Commissioner English questioned if they would do it without the money. Commissioner Blackstad stated that no he wouldn't umpire any games without being compensated. Commissioner O'Toole suggested staff do some research to determine what would be a conflict of interest. Madam Chair Holthus stated that other cities such as Ramsey do have a code of conduct in place. Commissioner Blackstad suggested staff get a legal opinion on the proposed code of conduct amendment. Madam Chair Holthus stated that Todd will check into the issue further, in addition to . discussing it with the City Attorney. REVIEW FINAL LIST OF ITEMS FOR JOINT MEETING WITH CITY COUNCIL Motion by English, seconded by O'Toole to strike Item #1 from the agenda of the joint meeting with the City Council and the Park Commission. Further Discussion. Commissioner English explained that his reason for making the motion is because the City Engineer didn't approach the Park Commission on this issue as requested by the City Council. He stated that he won't allow anyone to treat him in this way. Mr. Haas explained that the reason for it being on the agenda is because the City Engineer wants a discussion between the City Council and the Commission so everyone has an opportunity to hear the same information. Commissioner English stated that Scott Erickson(City Engineer) should present the issue before the Commission as the Council directed him the other night. Motion carried on a 7-ayes, O-nays, O-absent vote. -. la4/1.;S/;elala1 12:5'3 LRW OFFICE 2140 4TH RVE ~ 7558'323 - Ofd,'''''''''.:e,. ZZ'fNO. '3'30 [;102 - C'''''y C-O/,l.1.Ie.Il- -PARle: f/Wo f!.eL.eJ'A7)W tC'/W'I1i.JfI~1t LA'" OFFlCf.\ Or - .::rolvl Erai', C,., .4J....';,'"Sfr'tr..7D.... William G. Hawkins and Associates - doM O'ck....,Son, F,........."&.<!- P;.-:;e--!pr- ! / 2) 40 FOUlml A VENUE NORTH LCkal "",$/s,",,, ANOK.\. MINl'lESOT'" 55303 WILUAM G. HAWKINS T AMMI J. UVEGES ['1l0NE (763) 427-8877 BARRY A. SULLIVAN FAX (763) 421.4213 E-MML HawkLaw l@aol.com I I I~5ue. C- April 13. 2001 ~ - Mr. Todd Haas City of Andover '685 Crosstown Boulevard NW Andover, MN 55304 Re: Park and Recreation Commission Dear Mr. Haas; You have asked for a clarification an whether or not the City of Andover Park and / Recreation Commission is a Park Board within the meaning of Minn. Stat. ~412.501 (20001 and Minn. Stat. ~429.03 1, SuM. 2 (2000). The answer is no, The City of Andover Park and Recreation Commission Is an advisory board established pursuant to Minn. Stat. !i412.111 (2000). The Park and Recreation Commission serves at the pleasure Of the Andover City Council. It has the powers and dutIes assigned to it by the City Council through Ordinance No. 229. The powers and responsibilities assigned to a parle board under Sections ~412.491 , J412.501, ~4'2.511, ~4 12.521, ~412.53 1, and ~429.031 are not applicable. I trust this answers the question which you have raised. If you have any questions or wish to discuss this matter further, please feel free to call. / I i' I i APR 13 2001 13:05 763 421 4213 PAGE. 02 e13'3Stld ~1:e17 1:e17 ~9.!. e~:613 1:1313e 17e ~dtl - . . - . . LAW Omw OF William G. Hawkins and Associates 2140 FOURTH AVf.NUE NORTH J ANOKII, MINNESO"tA 55303 f.tgaIA'J/..,"", W'LUAM G. HAWKINS T AMMI J. UVEOES PICONE (763) 427-8877 B....RRy A. SUWVAN Fl\x (763) 421-4213 E.MA(~ HawkLaw l@aol.com April 23, 2001 :r:SSUE G - - Christopher D. English 16655 Crocus Street NW ! Andover, MN 55304 I Re: Andover Park and Recreation Commission I Dear Mr. English: I have reviewed the information which you faxed over to this office. r have also reviewed repealed Ordinance No. 47 which is the predecessor to existing Ordinance No. 229. I \ / It is clear to me that in adopting Ordinance No. 47 in 1979, the Andover City , Council created an advisory commission under Minn. Stat. ~ 412.111 (2000) I and not a park board under Minn. Stat. ~ 412,501 (2000). The language of old I Ordinance No. 47 is virtually identical to the language of current Ordinance No. 229. The power and authority associated with a park board does not exist in either ordinance. The manner of appointment of commission members under the ordinances is not the procedure that must be followed for the appointment of members of a park board. The duties and financial accounting obligations are also dissimilar. The City of Andover Park and Recreation Commission is an advisory commission and not a park board under Minnesota law. Thank you for your attention to this matter. I /IV- cc: John Erar / Todd Haas - 20tl e.!.0'ON ~268~~L~9L ~ 3~~ HL17 0171:2 3JI~~O M~I 92:60 1:002/172/170 ----- ~,.y.- ---'-- --~.__. --- -- ---------- HANDBOOK FOR MINNESOTA CITIES Minn. Stat. ~ 412.361. The commission may exercise all of the discretionary administrative / authority necessary for the management of the utilities. Municipal power agencies Minn. Stat. ~~ 453.51-.62. Any two or more cities may form a municipal power agency if each city passes a resolution authorizing an agreement. The purpose of the agency is to secure an adequate, economical and reliable supply of energy for cities that own and operate a utility for the distribution of electric energy. All agency powers lie with its board of directors, and include constructing and acquiring generating and transmission facilities, the power of eminent domain, and the authority to issue bonds and notes. Any city council may, by resolution, exercise any of these powers as if it were a municipal power agency. Municipal gas agencies Minn. Stat. ~~ 453A.01-.12. Any two or more cities owning or operating a utility for the local distribution of gas may form a municipal gas agency if each passes a resolution authorizing the agreement. The purpose is to secure an adequate, economical and reliable supply of gas for utility customers. The board of directors exercises all agency powers. Any city may, by resolution, exercise any of the powers of a municipal gas agency as if it were an agency. / Special board of review Minn. Stat. ~ 274.01. subd. 2. The governing body of any city may appoint a special board of review. This special board of review serves at the direction and discretion of the city council. The council determines the number of members, the compensation and expenses to be paid, and the term of office of each member. At least one member of the special board must be an appraiser, realtor or familiar with property valuations in the assessment district. (See later chapters in the Handbook for more information on these boards and commissions.) -7" Advisory boards and commissions Minn. Stat. ~ 412.111. Another important link in city governing activities is the work of advisory boards and commissions. These entities are much like the independent or administrative boards and commissions. The city council may create and dissolve them by resolution, appoint people to Minn. Stat. ~ 462.354, subd. 1. serve on them, and exercise other powers of general supervision over them. The council must, however, pass an ordinance to create a planning commission. ____ ___...___ _.~. u __ __. _.. . .. ..--_.. -..- .--.- ..~..._..- -.-. .- ..--... -..-- 138 - 'I" ---"' CHAPTER 6 I There are several differences between independent boards and advisory boards. State statutes establish most independent boards and commissions and give them some discretionary powers. Advisory boards conduct studies and investigations Q!LbehalUltJhe.J;Q,uncil, and submit reports and recommendations for council consideration. Advisory board decisions do not take effect until the council has accepted the decision by passing an ordinance or resolution. The council may organize advisory groups in any manner it deems appropriate. The council may find it wise to appoint people who represent various special interest groups in the city. An advisory commission may be an ad hoc body created by the council for a special purpose, such as for conducting an investigation, and which ceases to exist once the purpose of the commission has been achieved. Some mayors appoint these bodies informally to act as advisory groups without official powers. Planning commissions Minn. SIal. ~S 462.351-.364. Cities can establish these bodies by passing an ordinance describing their organization and powers. City officials, such as the mayor, attorney and engineer, are frequently advisory members. / Other advisory boards and commissions Other advisory boards and commissions that city councils commonly establish include: industrial commissions, which have power to study the ways and means of attracting more commercial and industrial development to the city; safety councils, which advise the council on safety programs; and intergovernmental agencies, such as a joint planning commission which the city sponsors in cooperation with other units of government. As government has become increasingly complex, cities have used fewer independent or administrative citizen boards and commissions. Instead of diffusing authority for government administration over a number of different agencies, many cities place all authority in the city council. This decision centralizes responsibility for the proper direction of local government affairs and increases voter understanding of government. Frequently, this trend leads to . pressures for greater simplification and centralization in administration as well. The council-manager form of government (Plan B) is an answer to this pressure. Administrators, whose duties and functions lie somewhere between those of a manager and those of a clerk, may also help to centralize government. J _.,____,._.._ _______..________.__._____.m________.___.,_____. __ _.._. _.__._. __..__._ '"._..__.__.."_____ 139 CITY OF ANDOVER J COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 229 An Ordinance repealing Ordinance No. 47 adopted August 23,1979, Ordinance No. 47A adopted November 7, 1986, Ordinance No. 47B adopted February 17, 1987, Ordinance No. 47C adopted July 7,1987, Ordinance No. 47D adopted November 5,1991, Ordinance No. 47E adopted February 18, 1992, Ordinance No. 47F adopted July 2,1996 and Ordinance No. 47G adopted June 17, 1997. AN ORDINANCE ESTABLISHING A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR VIOLATIONS. The City Council of the City of Andover hereby ordains as follows: Section 1. Creation of Park Commission. There is hereby created a Park and Recreation Commission. / A. Composition. The Park and Recreation Commission shall consist of seven (7) rnembers who . are residents of the City. The rnembers shall be appointed by the City Council by a majority vote. A member may be removed at any tirne by a rnajority vote of the City Council.. B. Terms of Office The Commission members shall be appointed for three (3) year staggered terms. Terms shall expire on January 1. Original and successive appointees shall hold their offices until their successors are appointed. Vacancies during a term shall be filled by the City Council for the unexpired portion of the term. C. Absences. Three (3) consecutive unexcused absences of a rnember from duly called Commission meetings shall constitute an automatic resignation from Office. Determination that an absence is unexcused shall be at the discretion of the Commission Chairperson. D. Cornpensation. All Commissioners shall serve with such compensation "- as established by City Council resolution. I J C. Alcoholic Consumption or possession of alcoholic beverages Beveralies. is not permitted unless a permit is obtained under Section 2(E). D. Burninli. It shall be unlawful to build or attempt to build a fire except in areas designated for such purpose. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable rnaterial. E. Firearms No firearms (as defined by City Ordinance), or explosives shall be present or used unless approved by City Council. F. Gamblinli. Gambling shall not be allowed. G. Golfinli. No person shall be allowed to golf or practice golf. H. Hours. City parks and recreation areas shall not be occupied or used nor may any rnotor vehicles be parked therein between .,. II :00 p.m. and 6:00 a.m. except: 1. When participating in an activity for which a permit has been granted by the City. 2. Red Oaks Park will be open from sunrise to 10:00 p.rn. I. Operation of No person shall ride or drive a vehicle at a rate of speed Motor V ehicles. exceeding that posted in City parks or fifteen (15) miles per hour. Drivers shall confine the operation of any motorized vehicle to roads, parking areas, or other specifically designated as a ternporary parking area by the City Council and/or their designated representatives. It shall be unlawful for any self-propelled vehicle, including but not limited to motor vehicles as defined in Minnesota Statute, Chapter 169, other self-propelled vehicles, go-carts, and snowmobiles, to travel. within City \ parks or recreation areas, except on established roadways, J trails, or other areas designated for such purpose. 3 / N. Si~ns. It shall be unlawful to post any sign, placard, advertisement or inscription, or cause to be erected, any sign unless approved by the City Administrator or their designee. It shall be unlawful for any person to interfere with the Park and Recreation Commission or their appointed representatives in the performance of their duty. Section 3. Validity Clause. If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 4. Penalty. - Any person, firm or corporation violating any of the provisions as stated in this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance to State law. Adopted by the City Council of the City of Andover on this Zn.d day of Septem ber, 1997. ArrEST: CITY OF ANDOVER ~/f# f. >>Ie- Victoria Volk, City Clerk / 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MrnNNESOTA ORDINANCE NO. 229 SUMMARY AN ORDINANCE ESTABLlSIDNG A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR THE ENFORCEMENT; AND PRESCRIBING PENAL TIES FOR VIOLATIONS. STAllJTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The purpose of this ordinance is to establish a Park and Recreation Commission which is : responsible for coordinating maintenance, improvements, upkeep and general operation of all City parks. The Commission researches and advises the City Council concerning park and j rccreational programs. This ordinance also regulates conduct in City parks and establishes certain rules regarding the lIse and occupancy. Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designees 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 and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the j provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 229A AN ORDINANCE M1ENDING ORDINANCE NO. 229 - ESTABLISHING A PARK AND RECREATION COI\1MISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEtv1ENT; AND PRESCRIBING PENAL TIES FOR VIOLATIONS. The City Council of the City of Andover hereby ordains as follows: Section 1. Creation of Park Commission. G. Duties. The Commission sRall be responsible to the City Council for all property and pre grams relating to parl~s and reoreation. ' TRe Commission shall be responsible for 800rdinating maintenance, improvements, l:ljJbep and operation of all City paffis. The Commission shall research and advise the City Council on all matters concerning parks and recreation programs. Fees and deposits shall be reviewed by the Commission on an annual basis and a recommendation made to the City Council. All other portions of this section and all other sections of this ordinance shall remain as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this 21st day of April, 1998. ATTEST: CITY OF ANDOVER l~ /dJ Y c;. MC/,;:~ . .. /I~, v-I./ v.. "fE. McKelvey. Mayor !l Victoria Volk, City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 229B AN ORDINANCE AMENDING ORDINANCE NO. 229 - ESTABLISHING A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR VIOLATIONS. The City Council of the City of Andover hereby ordains as follows; Section 2. Citv Park and Recreation Area Rel!Ulations. E. Firearms. No fIrearms (as defmed by City ordinance), or explosives shall be present or used unless authorized by City Council. Authorized law enforcement officials shall be exemot from this regulation. H. Hours. City park and recreation areas shall not be occupied or used nor may any motor vehicles be parked therdn between II :00 p.m. and 6:00 a.m. except h when participati..lg in an activity for which a permit has been granted by the City. ~. Rod Oales P:u-le v,111 bc opcn from sunrise to 10:00 p.m. I. Ooeration of Motor Vehicles. No person shall ride or drive a vehicle at a rate of speed exceeding that posted in City parks or fIfteen (15) miles per hour. Drivers shall confIne the operation of any motorized vehicle to roads, parking areas, or other specifIcally designated as a temporary parking area by the City Council and/or their designated representatives. It shall be unlawful for any self-propelled vehicle, including but not limited to motor vehicles as defIned in Minnesota Statute, Chapter 169, other self-propelled vehicles, go-carts, and snowmobiles, to travel within City parks or recreation areas, except on established roadways, trails, or other areas designated for such purpose. Authorized emergency vehicles. City vehicles and wheelchairs for the handicaooed or disabled are exemot frorn this regulation. 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 229C AN ORDINANCE AMENDING ORDINANCE NO. 229 - ESTABLISHING A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS AND TRAILS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENAL TIES FOR VIOLATIONS. The City Council of the City of Andover hereby ordains as follows: Section 2. City Park and Recreation Area Re!!ulations. C. Alcoholic Consumption or possession of alcoholic beverages is not permitted Beverages. unless a permit is obtained under Section 2fH)ill1 K. Pets and All domestic animals (such as dogs, cats and similar animals) Animals. must be kept leashed or Hader sl3atrol. Pets that are 6a I3r adjaeeat to ataletis fielels IRHSt be leashed. Owners are required to clean up and dispose of their pet's excrement. No domestic animals shall be allowed on or within the following City Parks (with the exception of the perimeter trail along Crosstown Boulevard NW) at any time: 1. Sunshine Park. 2. City Hall Park Complex # [. Horses shall not be allowed only ia c1esi;Rated areas. in anv park area including the City trail system. No person shall hunt, molest, harm, kill, trap, chase, tease or throw missiles at any animal, reptile or bird. - - No person shall remove or have in possession the young of any wild animal or have the eggs or nest or young of any reptile, mammal or bird; exception to the foregoing is made in that snakes known to be poisonous, such as rattlesnakes and/or other hazards to human safety may be killed or removed. 1 . , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 2290 AN ORDINANCE AMENDING ORDINANCE NO, 2229 - ESTABLISHING A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENAL TIES FOR VIOLATIONS. The City Council of the City of Andover hereby ordains as follows: Seetion 2. Citv Park and Recreation Area Re!!Ulations. O. Skateboarding/RolIerbladinf?;. Skateboarding and Rollerblading shall be permitted onlv on asphalt paved trails in Sunshine Park. Adopted by the City Council of the City of Andover on this 1st day of August, 2000. \ / ATTTEST: CITY OF ANDOVER U j j I . - "v {.~ Victoria V olk, City Clerk \ I 1