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CC - April 19, 2011
ANLD6 Y O F © OVE -- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, April 19, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (4/5/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution/Support for Bunker Lake Boulevard NW Federal Funding Application — Engineering 4. Approve Resolution Accepting Donation/ABA/Andover Station North Park/Scoreboards for Ball Fields /l 1- 23 — .Engineering 5. Approve Plans & Specs /Order Quotes /11- 12/2011 Parking Lot Maintenance — Engineering 6. Approve Plans & Specs /Order Advertisement for Bids /10 -30 /Crosstown Drive NW Reconstruction — © Engineering 7. Approve On -Sale Intoxicating Liquor & Sunday Licenses /Andover Lanes — Administration 8. Approve Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No.l and the Proposed Adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment District Nos.1-1 and 1 -2, Both Redevelopment Districts - Administration 9. Accept Resignation/Appoint New Board Member/Youth First -Administration Discussion Items 10. Anoka County Sheriff's Office Monthly Report — Sheriff 11. Public Hearing/Fence Ordinance /City Code 12 -7 -2 - Engineering 12. Public Hearing/Sign Ordinance /City Code 12 -15 - Planning 13. Discuss No Parking/148' Lane NW Between Jay St. NW & Grouse St. NW — Engineering 14. Discuss /Consider Approval of Connectivity Services Agreement With Community Anchor Instiution(s) for Broadband Services at Co- location Service Site(s) — Administration/City Attorney Staff Items 15. Appoint Open Space Commissioner - Planning 16. Schedule Joint Meeting with City of Ramsey — Administration 17. Schedule May Workshop Meeting — Administration 18. Administrator'sReport — Administration Mayor /Co ancil Input 0 Adjournment ND OVE 0 REGULAR ANDOVER CITY COUNCIL MEETING —APRIL 19, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, April 19, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trade Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others © PLEDGE OFALLEGIANCE r;zacyu�ar.�rr�U(z7 /� �l No one wished to address the Council. AGENDA APPROVAL Councilmember Trade asked for Consent item #3 to move to Discussion. Councilmember Trade asked about hours for serving food vs. hours for operation in Item #7 and Mr. Dickinson stated they would need to adhere to the Ordinance as part of the liquor license. Councilmember Jacobson suggested since there are a number of residents present to discuss Item #13, it be moved up on the agenda after the Anoka County Sheriff's Monthly Report. Motion by Trade, Seconded by Jacobson, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OFMINUTES 10 April 5, 2011, Regular Meeting: Councilmember Trade requested a correction on page six, line three, adding " Councilmember Trade requested the posting of signs directing traffic to businesses on Crosstown Drive during Regular Andover City Council Meeting Minutes — April 19, 2011 Page 2 the construction project". Councilmember Trude requested a correction on page eight, line eight, adding "based on the fact there are no alternates, and with the sudden opening there would be nearly a 50% turnover if a new member were to be added this year." Councilmember Jacobson questioned page seven, line 21, and whether that was what Mr. Bednarz had said. Mr. Bednarz stated it was and the minutes are correct. Motion by Knight, Seconded by Trude, to approve the minutes as amended. Motion carried unanimously. CONSENTITEMS Item 2 Approve Payment of Claims Item 4 Approve Resolution Accepting Donation/ABA/Andover Station North Park/Scoreboards for Ball Fields /11 -23 (See Resolution R030 -11) Item 5 Approve Plans & Specs /Order Quotes /11- 12/2011 Parking Lot Maintenance (See ResolutionR03 1 -11) Item 6 Approve Plans & Specs /Order Advertisement for Bids /10 -30 /Crosstown Drive NW Reconstruction (See Resolution R032 -11) Item 7 Approve On -Sale Intoxicating Liquor & Sunday Licenses /Andover Lanes Item 8 Approve Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No. 1 and the Proposed Adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment District Nos. 1 -1 and 1 -2, Both Redevelopment Districts (See Resolution R033 -11) Item 9 Accept Resignation/Appoint New Board Member /Youth First Motion by Jacobson, Seconded by Bukkila, approval of the Consent Agenda as revised moving Item #3 to Discussion Items and Item #13 to Discussion after the Sheriff's Report. Motion carried unanimously. ANOKA COUNTY SHERIFF'S OFFICE MONTHL Y REPOR T Commander Kevin Halweg from the Anoka County Sheriffs Office presented to Council and the citizens of Andover an update on law enforcement activities within the City. © Councilmember Jacobson asked what was going on yesterday at the intersection of Bunker Lake Boulevard and Round Lake Boulevard as there were about a dozen squad cars around there. Mr. Halweg stated he just returned to town and was not aware of what went on. He will find out and advise Council. Regular Andover City Council Meeting Minutes — April 19, 2011 Page 3 Mayor Gamache questioned the increase in extra patrol and Commander Halweg stated the County has a new system in squads for doing house checks when people are on vacation. They have a better system for documenting when houses are checked, so this may not necessarily be an increase in extra patrols. DISCUSS NO PARKING 1148 LANE NW BETWEEN JAY ST. NW & GROUSE ST. NW Mr. Berkowitz reviewed the City Council has been requested to discuss the conditional no parking restriction along 148 Lane NW between Jay Street NW and Grouse Street NW. Mr. Berkowitz explained a petition was received in June 2010 requesting conditional no parking signs be placed along 148 Lane NW between Jay Street NW and Grouse Street NW. The request was made because of the concern of congestion in this area due to parents dropping children off and picking them up from Andover Elementary School. On June 15, 2010, the City Council approved a no parking resolution that restricted parking along both the north and south side of 148 Lane NW from 8:00 —10:00 a.m. and 3:00 — 5:00 p.m., Monday through Friday from September 1St to June 1 Signs were installed before the beginning of the 2010 -2011 © school year. Mr. Berkowitz noted in February 2011, a petition was received requesting that parking be reinstated on the south side of 148 Lane NW within the section described. The various reasons were listed on the petition cover letter. Mayor Gamache asked if there are fewer walkers this year. Mr. Berkowitz showed a map of the current walking area and noted the walk area is smaller. Councilmember Trude stated she is on the Community Education Advisory Council and she is aware of that change as the School Board members explained that to the Advisory Council. It was part of the approval of a recent levy referendum and she noted it was related to the fact that more families are eligible for free or reduced lunch which entitles them to free bus rides so they are needing to run the buses outside these walk zones. Mr. Berkowitz indicated on the map the location of the Andover Elementary walk zone. Councilmember Trude asked Commander Halweg if he has driven through the neighborhood. Commander Halweg stated he spoke with Chief Deputy Wells and no parking would be sufficient on one side of the road. Parking on both sides of the roads was creating some hazards from a public safety perspective. Councilmember Trude asked if people can be ticketed while sitting in a running car and when approached they drive around and return (airport circling). Commander Halweg stated they could ticket, but would not want to tie the deputies up doing © this. He noted the current no parking has just pushed the parking to other areas (Jay Street and Grouse Street). Mayor Gamache stated the Council has two options either to stay with the current no parking on © Regular Andover City Council Meeting Minutes —April 19, 2011 Page 4 both sides of the streets or to allow parking on the south side of the street. Mayor Gamache stated the Andover Elementary School pickup policy gives specific options for where to pick up children. The school district policy would remain in place. The Council is only discussing walkers in this area. Councilmember Jacobson asked if the seven people who signed the original petition, if there has been a change in opinion. Mr. Richard Wagner, 1735 148 th Lane, lives directly next to the path. He does not feel there should be any parking allowed on the street. There were 58 people that signed the petition and if there were 58 cars there would be much congestion. The parents should not be permitted to park their cars in the non - designated pick -up area. Mr. Wagner stated people are not obeying the no parking signs. He feels the area needs to be policed. It is not a school picku zone and it is for walkers. If parking is allowed on one side of the street, the residents on 148` Lane would be very upset. The children that have to walk have to walk among these cars. He is sometimes unable to pull into his driveway. Mr. Wagner stated the officers have been there and given out some tickets but it has to be policed. Councihnember Trude stated the decision should be made according to what is best for the kids. All parties have been invited to the meeting tonight. Mr. Wagner stated everyone needs to follow the rules and it is an ongoing problem. Nothing has changed since the signs went up. Mr. Wagner referred to the pictures submitted with the new petition. As it is now you can not see children running across the street. Mr. Wagner stated this has to be enforced and if that means giving tickets out so be it. If a change is made it will be a mess. Mr. Wagner stated another point in the new petition was that the Andover High School students are racing through the neighborhood and he disagreed they are not racing around there at 3:35. He lives there and he knows what happens. There are some kids that do race through there after the soccer games. He stated this needs to be enforced. Mr. Wagner noted they also gave up their rights to park on the street in front of their houses. Councilmember Bukkila asked if there was anyone that lives on that street that wants the no parking lifted. No one present responded. Mayor Gamache asked about 168 th Lane just south of Rum River Elementary School. Mr. Berkowitz stated a trail is provided for the walkers and the same no parking restrictions are in place. Mr. Berkowitz noted he has not heard any complaints in that area. Councilmember Bukkila asked how far the no parking signs are on 148 th Lane. Mr. Berkowitz stated they are posted from Jay Street to Grouse Street. © Ms. Tina Eggleston, 1717 148 th Lane. Her concern is for the children's safety. Her mother does daycare for her and she has a difficult time getting through during the after school hours. She has difficulty getting into her driveway. Her property is trampled with children running across her yard through her flowers. She does not appreciate that. © Regular Andover City Council Meeting Minutes — April 19, 2011 Page 5 Mr. Dan Stay, 1668 146 th Avenue NW. He has three children. He will have children at Andover Elementary for the next 6 years. They pick up their children on 148 1h Lane when the weather is bad. They go there because it is convenient. The inner circle of Pinewood Estates is roughly one mile to drive around from his house all the way around. Sunshine Park would be 2.9 miles from his home. That would be $1,750 more spent in gas over the next six years. He stated the main reason they go there is safety. He feels this is the safest way for his children to get from school home. He stated there are high school students that do drive through the areas. He pushed 7 cars out of his snowbank. Mr. Stay stated he wants to eliminate any danger and the safest place for he or his wife to pick up their children is on 148 th Lane. He stated the number of cars have decreased this year. Today he counted seven cars. When people are parking on Jay Street where it is not posted, as the children approach the cars move closer to the children and sometimes stop in the middle of the road. He has not noticed much airport circling. No parking on the north side will open up the visibility. He stated they had 58 signatures from the neighborhood that all do not have children currently attending the school. These are people from the neighborhood who do not like the idea of no parking on 148 1h Lane. He does not want to start a neighborhood war only keep the children safe, but he would like to see parking allowed on the south side of 148 1h Lane. Councilmember Knight asked if the designated pickup area for the school is there a wait when going to pickup children. Mr. Stay is not sure about Sunshine Park, but if picked up at the school his wife would need to go inside and take the preschoolers with her. Parents sign a card at the beginning of the year as to how they will be leaving the school and where they were to go after school. Councilmember Trude stated she believes Andover Elementary is somewhat stricter compared to some of the other elementary schools. It's rather complicated to get 1500 children out of school and most get on a bus, etc. Kids are channeled out certain doors depending on what their program is. Parents are frustrated they need to park, take other children out of car seats, go into the school and wait to pickup their children. It's rather a unique situation. Councilmember Trude asked if Crooked Lake has picking up behind the school. Ms. Tonya Hoppe, 14681 Grouse Street stated she has a daycare. She picks up the children in her care approximately 5 times this year. The parking lot for in- school pickup is generally full. She has called the bus company to see if she could pay them to pick up her kids. She feels better dropping the kids off near the path and picking them up at the path. Cars use her neighborhood as a cut - through. She only occasionally picks up her children. She has sometimes spent 25 minutes trying to get across Hanson Boulevard. Councilmember Trude asked how she felt about the congestion on the street. Ms. Hoppe stated there hasn't been a time she couldn't get through. She believes most try to be respectful and not park at the end of a driveway. She suggested there be a compromise so everyone is happy. © Councilmember Knight asked how she felt about parking on one side of the street. Ms. Hoppe stated traffic would only be going one way down the street and parking on one side would be better. She does not believe there are many that pick up every single day. ® Regular Andover City Council Meeting Minutes —April 19, 2011 Page 6 Mr. William Lane, 1734 148 th Lane NW, questioned the busing area vs. walkers. He stated it is a mess and a change would not increase safety. Mr. Lane stated he thought a referendum was passed where everyone in the neighborhood would get free busing. Councilmember Bukkila stated children living more than one mile are bused. He suggested the Council visit the neighborhood and see what actually is going on. Mr. Lane works nights and there is much commotion while he is trying to sleep. Children are riding bikes, running and it is a safety issue. He does not have children any longer attending Andover Elementary. He suggested there be more patrols, the only time they see patrols is when someone calls. Councilmember Bukkila stated it is a peak time of the day and there are only so many law enforcement officers on a given shift. It is more helpful for people to call if someone is needed. Mr. Lane stated it is a bad situation, the Council has been made aware of it and the police are not patrolling. Councilmember Trude stated the Council hasn't heard anything until this was brought back up. Law enforcement said they have driven through the area and have not seen the type of problems you are talking about because parents are pulling up to the curb, children hop into the car and they pull away. She stated that is not parking. If they are parked on the side of the street where 10 parking is allowed that is acceptable. Councilmember Trude stated it is a whole new world, people are very concerned about their children. Mr. Lane suggested Council come and look at the situation. He believes Andover Elementary has provided a safe method for children why would you want to have people stopping in the middle of the street. Councilmember Bukkila stated they cannot be ticketed unless they are impeding traffic. Mr. Lane stated Andover Elementary has provided an escort to a safe pick -up spot. Tickets can only be given to cars stopped in the middle of the street when they are blocking other traffic. Councilmember Bukkila would like to research the current Andover Elementary School Policy and talk to the school. She does not believe a decision needs to be made tonight on this. Ms. Tami Matti, 14630 Grouse Street, stated you need to sign up for parent pickup, go into the cafeteria and wait for your children to come out. She does not go to pick up her children, they ride with a neighbor. They do not have a choice; their children have to walk. She asked the Council to allow parking on one side of the street. Parents need to sign up for parent pickup. They try to make it better by carpooling. Councilmember Bukkila stated when Alice Shea the Andover Elementary principal was at another school things were done differently. She suggested the school be contacted regarding their policies to see if something can be worked out. She does not know if their program is becoming the new norm. © Mayor Gamache stated one issue is there are no sidewalks so children need to walk on the street. There are trails along Hanson Boulevard, but that would be a longer walk. Mayor Gamache again reviewed the Council has two options. © Regular Andover City Council Meeting Minutes —April 19, 2011 Page 7 Councilmember Jacobson stated he does not have children attending the school. He suggested the school provide a guard at the end of the walkway. Enforcing the no parking ban is nearly impossible because of the number of deputies and the time we have. If no parking on two sides of the street continues it will just move the cars to Grouse or Jay Streets. We cannot do anything about the airport circling. Motion by Jacobson, Seconded by Trude, to remove the no parking ban on the south side of 148 Lane NW, and at the same time request through the school for a guard or responsible parent to help with safety for children leaving the path. Councilmember Knight stated another factor is that parents do not want their children out of their eyesight. He would like to see the school Principal involved in the issue and be made aware of the depth of the concerns. Councilmember Trude stated she agrees with Councilmember Knight's comments. The issue is getting the cars stationery which would be safer. It would almost make it a one -way street at that time of day and would be safer. She agrees the Principal should be involved. Councilmember Jacobson stated Mr. Dickinson suggested Council direct staff to create a resolution that would be considered at the next meeting. Mr. Dickinson stated if Council wanted to act on this now they could repeal the standing resolution and pass another resolution allowing parking on the south side of the street. Councilmember Jacobson suggested Council act on it this evening. Councilmember Bukkila stated she is not in disagreement but suggested it be looked at in two steps. First would be to have Staff approach the school and see if there is some type of arrangement where the older children be made crossing guards to help the younger children on the corners. She suggested the school be approached on such an arrangement before we open up the traffic. Councilmember Jacobson stated he does not think any child would be sufficiently on guard. It would need to be an adult. Mayor Gamache stated there most likely won't be any more snowy days. There used to be crossing guards and there were no adults even doing that. He stated most of the time parents would be picking up their children is in the winter. He would like to see it remain as is for the remainder of the year. Mayor Gamache asked if the signs would be removed immediately if the resolution is passed and Mr. Berkowitz stated they could be removed in a couple days. Councilmember Trude suggested it would be nice to have a designated place for the children to cross the street. It would be nice if the no parking would be the four houses near the path. Regular Andover City Council Meeting Minutes —April 19, 2011 Page 8 Motion by Jacobson, Seconded by Trude, to repeal the standing resolution and approve a new resolution allowing parking on the south side of 148`" Lane NW and contact the school Principal to work out a solution. Councilmember Trude stated she would prefer all parents use the designated pick -up areas provided by the school. Mayor Gamache suggested a small stop sign be put at the end of the trail. Councilmember Knight stated this could be a temporary test through the end of the school year. Councilmember Bukkila stated it would not be temporary once the signs came down they would be done. Motion carried 3 ayes, 2 nays ( Bukkila and Gamache). (See Resolution R034 -11) PUBLIC HEARING/FENCE ORDINANCE /CITY CODE 12 -7-2 Mr. Berkowitz reviewed the City Council is requested to hold a public hearing for the City's Fence Ordinance /City Code 12 -7 -2. He noted private fences placed in critical easement locations (underground utilities, drainage areas, ponds, wetlands and access locations) can cause problems with utilities, storm water drainage systems and wetlands. To ensure the drainage systems and ponds function how they were designed it is critical to regulate the location of a private fence. Access to these types of facilities is important from a maintenance standpoint because if the storm water system is not maintained they may not perform as designed which can cause flooding and other damage to occur. Mr. Berkowitz stated it is also important to protect wetlands from encroachment so that water quality is maintained and that wildlife can flourish. The proposed Ordinance /City Code changes clarifies allowable locations for fences and also allows some flexibility for larger parcels in regard to where fences can be placed. Mr. Berkowitz reviewed the proposed changes to the City Code. Councilmember Jacobson noted on #5 and suggested to change the words "not be enclosed" to "not enclose ". Councilmember Knight asked for a description of a clear view triangle. Mr. Berkowitz drew a diagram. Councilmember Jacobson asked if the rewording satisfies the problems with the R -4 lots. Mr. Berkowitz stated it is clear. Previously there was some problem with the wording. This also © Regular Andover City Council Meeting Minutes — April 19, 2011 Page 9 provides some flexibility on larger lots. Councilmember Trude stated if people are in an area with an excessive easement taken can it be looked at and Mr. Berkowitz stated it would be looked at. Motion by Jacobson, Seconded by Bukkila, to open the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Bukkila, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Bukkila, for approval of the City Code changes for Fence Ordinance /City Code 12 -7 -2 and approve Summary Ordinance for publication. Councilmember Knight noted there are no provisions for gates. Councilmember Trude asked if fences would be prohibited if a gate was installed that would allow access. © Councilmember Bukkila stated there needs to be a minimum access. She does not want to say access needs to be in a certain location. Access needs to be provided. Councilmember Trude referred to Item 4 and stated that applies to 2 'h acre lots. She does not know if Item 3 provides the least restriction on property owners that we need to. Mr. Berkowitz stated for R -4 lots if they need to get access they would most likely remove a gate and the entire length of fence back to the access point. If it's an R -1 lot there is more space and more access points. The City needs to be stricter on what can be allowed for R -4 lots. Councilmember Trude asked if fences were allowed on lots that have a pond. Mr. Berkowitz stated in 43 it is spelled out. The access is defined in the lot description. Most ponds have two accesses. The pond is up to the 100 year flood elevation. Mayor Gamache asked how many requests were made for fences they wanted to put in an easement and Mr. Berkowitz stated there were approximately five. In most cases they moved the fence. Councilmember Bukkila stated she is fine with the revisions. Councilmember Trude stated she feels this is too restrictive. Mr. Berkowitz stated the City's development process does not take excessive easements. Councilmember Trude asked if there © was an appeal process. Councilmember Trude stated anyone can appeal an administrative decision to the City Council. Motion carried 4 ayes, 1 nay ( Trude). (See Ordinance 405) Regular Andover City Council Meeting Minutes —April 19, 2011 Page 10 PUBLIC HEARING /SIGN ORDINANCE /CITY CODE 12-15 Mr. Bednarz explained this item is a public hearing to discuss changes to the City's sign regulations. At the last Council meeting the Council identified the following areas of the sign regulations for further discussion: 1. City Code 12 -15 -4: Exemptions 2. City Code 12 -15 -5: Signs Prohibited in All Districts 3. City Code 12- 15 -7C: Size and Placement Standards 4. City Code 12- 15 -10: Temporary and Promotional Signs Mr. Bednarz reviewed the wording changes. Councilmember Jacobson suggested 12 -15 -4: under A. be revised to read: "Election Signs: Election signs are permitted on any private property. Such signs may be displayed 90 days prior until 10 days after any election ". Mr. Bednarz stated this wording is similar to what other communities require. 10 City Attorney Baumgartner quoted the State Code regarding election signs which is very vague. Councilmember Trude stated this year the State Code superseded the City Code. Mr. Baumgartner suggested a specific date not be included. The State Statute shows 46 days before the election. Councilmember Jacobson suggested it remain at 90 days. Councilmember Trude noted under 12 -15 -4 in the third line should read City Code 12 -15 -5. Mr. Bednarz continued reviewing the changes to the Code. Councilmember Knight referred to 12 -15 -5 Item B. and noted that doesn't deal with highways and large signs that distract drivers. Councilmember Knight asked about billboards. Mr. Bednarz stated they are not allowed. Councilmember Jacobson stated we do not have any highways. Councilmember Jacobson referred to 12 -15 -5 Item C. and asked if he had a tree on his property he could not put a sign on it. Mr. Bednarz stated that is the ordinance. Councilmember Jacobson stated is it worth having an ordinance you cannot enforce. Councilmember Trude referred to placement standards. There may be other places where signs would need to be placed. She asked if this would come up in the future for business signs. Mr. Bednarz stated he does not believe it would come up. Those businesses would most likely put their sign directly on their building. Councilmember Jacobson asked about the signs for College Pro, stump removal, sprinkler blow outs and those types of signs stuck in the ground. Mr. Bednarz stated they are not permitted © Regular Andover City Council Meeting Minutes —April 19, 2011 Page 11 along the right -of -way and some are removed for mowing. Mr. Bednarz provided a comparison chart by the City for temporary signs. Currently Andover allows 40 days and the City charges one fee for the calendar year. They submit the dates when requesting the permit. Councilmember Jacobson asked if there have been complaints. Mr. Bednarz stated there have been requests for more time especially for retail businesses. Councilmember Trude suggested the Code be changed to 60 days for temporary signs A. 4. Under temporary signs change 30 days to 60 days. The Council concurred. Councilmember Bukkila asked if this sign ordinance has any effect on holiday decorations. Mr. Bednarz stated they do not consider holiday decorations as signs. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Motion by Trude, Seconded by Knight, for approval of the Ordinance Amendment Sign Ordinance /City Code 12 -15 as amended per discussion and approve the Ordinance Summary for publication. Motion carried unanimously. (See Ordinance 406) DISCUSS /CONSIDER APPROVAL OF CONNECTIVITY SERVICES AGREEMENT WITH COMMUNITY ANCHOR INSTITUTION(S) FOR BROADBAND SERVICE AT CO- L OCA TION SERVICE SITE(S) Mr. Dickinson reviewed Connect Anoka County is a county -led effort to increase the amount of fiber optic cable in Anoka County. The Connect Anoka County project has resulted in a partnership between Zayo Bandwidth, LLC and Anoka County. Through the partnership, Zayo Bandwidth applied for and received a National Telecommunications Information Administration (NTIA) grant paying 70 percent of the fiber construction cost and initial equipment. The grant project will construct an approximately 286 mile fiber network throughout Anoka County linking 145 governmental institutions. The City's right -of -way ordinance is in place and the appropriate fees will be charged. The language of the agreement has been revised. Sixteen cities within Anoka County have approved the agreement, 1 township, 3 schools, Ramsey County and two more schools will consider it. a Mr. Dickinson noted Attachment I will be reordered in the packet. Mayor Gamache asked about which schools have agreed and Mr. Dickinson stated Fridley, Columbia Heights and PAC Charter School have approved. Anoka Hennepin already has quite a Regular Andover City Council Meeting Minutes —April 19, 2011 Page 12 bit of line connecting their facilities. Councilmember Jacobson asked if this is approved does this grant Zayo access to the building and does not include the fees. Mr. Dickinson stated the only fees anticipated would be $75 per month. Mr. Baumgartner stated the City can have the equipment installed, but not connect and no fees would be charged until the City connected. Mr. Dickinson stated the plan is for four of the six co- location sites to be connected. Mr. Dickinson stated the City still has to have their own Internet Service Provided (ISP). The point to point lines for the fire stations could be eliminated which are very costly. Motion by Knight, Seconded by Trude, to approve the Connectivity Services Agreement as revised with moving Attachment I to the bottom of the list. Councilmember Trude stated in 2005 the schools were connecting to a fiber optic cable. The City was asked if they would like to connect for $375,000. She is pleased we can get it now, with no cost (capital expense) to the City. This will also be an economic development tool as it will be offered to businesses within the City. This will also help us with some collaboration efforts. Mr. Dickinson stated this will open many opportunities for connectivity. Councilmember Trude noted this was part of a stimulus package and there will be jobs created within the County. Councilmember Bukkila stated this is a nationally- driven program sent out to the States. She fears it has been rushed through and granted stimulus funds without the time taken to research it fully. Now there are so many cities taking advantage of the program, that if Andover didn't do it there would be a cost disadvantage. Based on the fundamentals she is not in favor. Councilmember Jacobson stated the document is not as clear as it should be. He is afraid of the competition with the other providers we have. If Zayo starts providing services in competition the other commercial provider will ask why are they paying the 5% fee which Zayo will not have to pay. Mr. Baumgartner stated he participated in many meetings and this agreement is under Minnesota Statue Chapter 237 dealing with telecom. At some point everything may be under Chapter 237. Motion carried 4 ayes, 1 nay ( Bukkila). APPROVE RESOLUTION /SUPPORT FOR BUNKER LAKE BOULEVARD NW FEDERAL FUNDING APPLICATION © Councilmember Trude reviewed the Anoka County Highway department has identified Bunker Lake Boulevard from Jefferson Street in Ham Lake to Crane Street in Andover as a good candidate for federal funding. The County is seeking support from the City of Andover to pursue such funding through the Regional Funding Solicitation. She noted there are numerous © Regular Andover City Council Meeting Minutes — April 19, 2011 Page 13 issues on this road such as the railroad tracks, intersections, wetlands, County Park entrance, etc. Councilmember Trude suggested if there was more time perhaps a better solution could be found. The northwest entrance to the County Park is a dangerous intersection. She is concerned they do not have enough information. She asked if this is approved is the City locked into the drawings they saw. The County only spent 10 minutes with Council explaining their plan. Mr. Berkowitz stated Wintergreen and Butternut Streets would be conditional, Goldenrod Street would be a full movement intersection, they would look at signal warrants. Prairie Road would stay the same, Sycamore Street would be a full movement intersection. There would be a pullover lane for buses at the railroad tracks along with a pedestrian crossing. Wintergreen Street would be restricted and Crane Street would be a full movement intersection. They would also look at a trail underpass and more trail connections to Bunker Lake Regional Park. Councilmember Trude stated the worst intersection is the County park entrance. Mr. Berkowitz stated the County is trying to provide one full movement intersection for each housing development area. Councilmember Trude stated this is a very sensitive project. Councilmember Bukkila asked if the Fire Chief had an issue with one of the intersections. Mr. Berkowitz stated that was with the Butternut Street intersection. He spoke with the Fire Chief and a 4 inch curb is able to be driven over by emergency vehicles. With Goldenrod Street being a full movement intersection the Fire Chief is ok with that. Councilmember Bukkila asked about an overpass over the railroad tracks. Mr. Berkowitz stated this application would not include an overpass. There may be other grant money available for an overpass. Councilmember Bukkila asked if the City would be able to contribute to the cost of an overpass. Mr. Dickinson stated if there was an overpass over the railroad the City could consider that a safety improvement or quality of life improvement they may want to pursue. If a Federal grant was available on that road, it would put doing an overpass within reach. Mr. Berkowitz stated the funding is not available until 2015 — 2016. This funding would be applied for and more applications would be made for additional funding for a potential overpass. There is competition for this funding and this is just an application. Motion by Bukkila, Seconded by Jacobson, to approve the resolution and attached letter in support for Bunker Lake Boulevard NW Federal Funding Application. Mayor Gamache stated this project would finish Bunker Lake Blvd. When completed there would be four lanes. © Councilmember Trude stated she hopes the County considers her concerns on this sensitive proj ect. Mr. Berkowitz stated the design process is started two years in advance. Staff will continue to Regular Andover City Council Meeting Minutes — April 19, 2011 Page 14 bring updates back to the Council. The Council will need to agree to a Joint Powers Agreement for this project. Motion carried 4 ayes, 1 nay (Trade). (See Resolution R029 -11) APPOINT OPEN SPACE COMMISSIONER Mr. Bednarz reviewed a new Open Space Commissioner is needed to complete the term of outgoing Commissioner Jody Keppers who will attend his last meeting in May. Staff asked residents serving on other Commissions if they would be interested in serving on the Open Space Advisory Commission. Planning & Zoning Commissioner Val Holthus indicated that she would be interested in serving on both the Planning & Zoning and Open Space Advisory Commissions. Staff views this as an opportunity to add an experienced Commissioner to the group. This appointment could also create a liaison between the two commissions similar to organizational structures used by other cities. Motion by Knight, Seconded by Bukkila, to appoint Valerie Holthus to the Open Space Advisory Commission to complete the term of Jody Keppers from June 2011— January 2012. Motion carried unanimously. SCHEDULE JOINT MEETING WITH CITY OF RAMSEY Mr. Dickinson reviewed the Council is requested to schedule a Joint Meeting with the City of Ramsey City Council. Motion by Jacobson, Seconded by Trude, to schedule a Joint Meeting with the City of Ramsey on Monday, May 2, 2011 at 6:30 p.m. Ramsey City Hall. Motion carried unanimously. SCHEDULE MAY WORKSHOP MEETING Mr. Dickinson reviewed the Council is requested to schedule a Council Workshop for the month of May for a number of miscellaneous business items. Motion by Jacobson, Seconded by Bukkila, to schedule a May Council Workshop for May 24, 2011 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, Legislative topics, update on development/CIP projects and meeting reminders. Regular Andover City Council Meeting Minutes —April 19, 2011 Page 15 MAYOR/COUNCIL INPUT (DOG PARK) — Councilmember Jacobson stated during the meeting with Coon Rapids there was a discussion about an Anoka County Dog Park. Staff was requested to investigate further. The dog park would be on County land. Mr. Dickinson will follow up on, but he thought the City of Andover should support in spirit. (ANOKA COUNTY BOARD MEETING) — Councilmember Trude attended the Anoka County Board Meeting held at Andover City Hall. They brought a lot of staff and the parking lot was full. There was good attendance. The County Board did a good job of explaining what they were acting on. Councilmember Trude thought it would be nice if the City of Andover could do more awards and recognize residents. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 10:00 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary H Regular Andover City Council Meeting Minutes — April 19, 2011 Page 16 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES APRIL 19, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 4 Approve Resolution Accepting Donation/ABA/Andover Station North Park/Scoreboards for Ball Fields /11 -23 (See Resolution R030- 11) .... ............................... 2 Item 5 Approve Plans & Specs /Order Quotes /11- 12/2011 Parking Lot Maintenance (See ResolutionR031- 11) ............................................................................ ............................... 2 Item 6 Approve Plans & Specs /Order Advertisement for Bids /10 -30 /Crosstown Drive NW Reconstruction (See Resolution R032- 11) ...................................:....... ............................... 2 Item 7 Approve On -Sale Intoxicating Liquor & Sunday Licenses /Andover Lanes ................ 2 Item 8 Approve Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No. 1 and the Proposed Adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment District Nos. 1 -1 and 1 -2, Both Redevelopment Districts (See Resolution R033 -11) .............................................................................................. ............................... 2 Item 9 Accept Resignation/Appoint New Board Member /Youth First .... ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 DISCUSS NO PARKING /148 LANE NW BETWEEN JAY ST. NW & GROUSE ST. NW (See Resolution R034 -11) ........................................................................... ............................... 3 PUBLIC HEARING/FENCE ORDINANCE /CITY CODE 12 -7 -2 (See Ordinance 405) ............. 8 PUBLIC HEARING /SIGN ORDINANCE /CITY CODE 12 -15 (See Ordinance 406) ................ 10 DISCUSS /CONSIDER APPROVAL OF CONNECTIVITY SERVICES AGREEMENT WITH COMMUNITY ANCHOR INSTITUTION(S) FOR BROADBAND SERVICE AT CO- LOCATION SERVICE SITE( S) ............................................................... ............................... 11 APPROVE RESOLUTION /SUPPORT FOR BUNKER LAKE BOULEVARD NW FEDERAL FUNDING APPLICATION (See Resolution R029- I1) ........................... ............................... 12 APPOINT OPEN SPACE COMMISSIONER .............................................. ............................... 14 SCHEDULE JOINT MEETING WITH CITY OF RAMSEY ...................... ............................... 14 SCHEDULE MAY WORKSHOP MEETING .............................................. ............................... 14 ADMINISTRATORREPORT ...................................................................... ............................... 14 MAYOR/COUNCIL INPUT ......................................................................... ............................... 15 (DOG PARK) ............................................................................................. ............................... 15 ( ANOKA COUNTY BOARD MEETING) .............................................. ............................... 15 a