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HomeMy WebLinkAboutCC - January 2, 2013♦�r "�'ALNDO 1 1 ,ter. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Wednesday, January 2, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Oath of Office/Newly Elected Officials Resident Forum Agenda Approval 1. Approval of Minutes (12/18/12 Regular; 12/18/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve 2013 CDBG Application — Planning 4. Approve Resolution Approving State of Minnesota Joint Powers Agreement /City of Andover Prosecuting Attorney — Administration 5. Approve Joint Powers Agreement/Northwest Anoka County Community Consortium — Administration 6. Accept Feasibility Report/Order Public Hearing/13- 2/2013 Street Reconstruction — Engineering 7. Approve Appointment — Streets Supervisor - Administration Organizational Items 8. Approve Official Depositories & Banks — Administration 9. Designate Official Newspaper —Administration 10. Appoint Acting Mayor —Administration 11. Appoint Standing Committees — Administration Discussion Items 12. Approve Amendments to the City Code, Titles 8, 11 and 12 - Planning Staff Items 13. Schedule February EDA Meeting — Administration 14. Schedule January Council Workshop — Administration 15. Schedule Commission Interview Dates — Administration 16. Consider Joint Meeting with Lower Rum River WMO Member Cities - Engineering 17. Administrator's Report — Administration Mayor /Council Input Closed Session - Public Works Union Negotiations Update Adjournment AC I T Y •r NLD6 06 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council �V� CC: Jim Dickinson, City Administrato FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: January 2, 2013 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: December 18, 2012 Regular December 18, 2012 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING —DECEMBER 18, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City C Gamache, December 18, 2012, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: PLEDGE OF RESIDENT FOR None. Mike Knight, Sheri-, None City Administrator, City Engineer, Davi City Attorney, Scott called to order by Mayor Mike 1685 Crosstown Boulevard NW, Julie Trude and Tony Howard Mayor Gamache stated there were two (2) items to be added to the Agenda: Item 12a. Approve 2013 Commercial Kennel License, and Item 13a. Rescind Resolution R -127 and Approve Resolution Providing for the Issuance and sale of $17,315,000 Taxable General Obligation Abatement Bonds, Series 20120, and Levying a Tax for the Payment Thereof. Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OFMINUTES December 4, 2012 Regular City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the December 4, 2012, Regular City Council minutes as presented. The motion carried unanimously. Councilmember Trude stated the November 27`" Workshop minutes in the packet do not match the ones approved and she would like to make sure the approved minutes are used. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes —December 18, 2012 Page 2 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve 2013 Liquor Licenses Item 4 Approve 2013 Massage Therapy/Establishment License (Supplemental) Item 5 Approve 2013 Animal Control Contract Item 6 Adopt 2013 Fee Ordinance (See Ordinance 425) Item 7 Approve Declaration of Encroachment Easement, Conditions, and Covenants /Lot 7, Block 1, Timber Trails Item 8 Approve Classification and Sale of Tax Forfeit Properties (See Resolution R128- 12) Item 9 Approve Contract with Engineering Firm/12- 31/3535 —161St Ave NW (Sports Complex) Item 10 Approve Market Rate Wage Adjustments Item 11 Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees Item 12 Approve Change Order #3/11 -10 /South Coon Creek Drive NW Reconstruction (See Resolution R129 -12) Item 12a Approve 2013 Commercial Kennel License (Supplemental) Motion by Councilmember Knight, Seconded by Councilmember Bukkila, for approval of the Consent Agenda as amended. Motion carried unanimously. SPECL4L PRESENTATION Brownie Troop 15105 sang "Jingle Bells" for the residents and City Council. ANOKA COUNTYSHERIFF'SMONTHLYREPORT Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for November 2012 including 3 DWI arrests, 5 domestic assault arrests, a male arrested for burglary, a female arrested for felony possession of a controlled substance, a theft report and two (2) males in possession of 95 grams of marijuana. This case has been turned over to the Anoka Hennepin Drug Task Force for further investigation. He reminded residents the ice is not thick enough for people to be on the lakes yet. He recommended waiting at least another week if the temperatures remain cold. Mayor Gamache thanked the Sheriff's Department and staff for all their hard work throughout the year. With recent events in Connecticut it is important to remember those that put their lives on the line protecting the residents. Commander Halweg stated the Sheriff's Department has enjoyed the relationship it has with the City of Andover and he would let the staff know the City appreciates their hard work. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — December 18, 2012 Page 3 RESCIND RESOLUTION R -127 AND APPROVE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $17,315, 000 TAXABLE GENERAL OBLIGA TIONABA TEMENT BONDS, SERIES 20120, AND LEVYING A TAX FOR THE PAYMENT THEREOF City Administrator Dickinson stated at the December 4, 2012 City Council meeting, the Council approved Resolution R127 -12, a resolution providing for the issuance and sale of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C, and levying a tax for payment thereof. As the bond issuance team works toward the closing of the complex transaction, it was determined that the bond sale approval resolution needs to be modified. The primary driver of the resolution changes is the use of the current Debt Service Reserve for the 2004 bonds. The bond issuance team is recommending that the Debt Service Reserve be used at the February 1, 2014 call date rather than at the December 27, 2012 closing date as originally planned. This will leave the lease between the City and the EDA in place until the February 1, 2014 call date and it reduces the size of the 2012 bond issuance from $17,400,000 to $17,315,000. The refunding savings will remain unchanged. Motion by Councilmember Knight, Seconded by Councilmember Howard to rescind resolution R127 -12. The motion carried unanimously. Motion by Councilmember Howard, Seconded by Councilmember Trude to approve a resolution providing for the issuance of $17,315,000 Taxable General Obligation Abatement Bonds, Series 2012C, and Levying a Tax for the Payment Thereof. Mayor Gamache clarified there are no problems with the YMCA. City Administrator Dickinson stated there are no impacts to the YMCA but this will help the City manage cash flow better. The motion was called to a vote. The motion carried unanimously. (See Resolution R132 -12) ADOPTRESOLUTIONICITYOFANDOVER 2013 BUDGETAND CERTIFY2013 PROEPRTY TAX LEVY City Administrator Dickinson stated each year the City Council is required by state law to adopt an annual budget and submit a property tax levy certification to Anoka County Property Records and Taxation Division. The deadline for this submission is December 28, 2012. The 2013. Budget and Levy Certification is the outcome of budget workshops with the Council, numerous staff meetings, and the December 0 Public Hearing. This budget reflects a zero percent (0 %) gross levy increase and reflects changes to accommodate the new bonds. Motion by Councilmember Bukkila, Seconded by Councilmember Knight to approve a resolution adopting the City of Andover 2013 Budget and 2013 Property Tax Levy to be Certified to the County Auditor. The motion carried unanimously. (See Resolution R130 -12) Regular Andover City Council Meeting Minutes — December 18, 2012 Page 4 PUBLIC 2013 DEBT SERVICE LEVY CHANGES 3 City Administrator Dickinson stated Anoka County Property Records and Taxation Division 4 requires a City Council resolution changing bonded indebtedness levies for the 2013 levy that 5 would have been certified to Anoka County as part of prior years bond sales. When the City 6 issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The 7 County is charged with assuring on an annual basis that local government bonded indebtedness 8 payments are made. To assist in monitoring, the County is requesting a resolution that would 9 update all or a portion of previously certified bonded indebtedness levies. 10 11 Motion by Councilmember Trude, Seconded by Councilmember Howard to approve a resolution 12 updating Certified Bonded Indebtedness for the 2013 Levy. The motion carried unanimously. 13 (See Resolution R131 -12) 14 15 DISCUSS RECONSIDERING VARIANCE REQUEST — 158 73 LINNET STREET NW 16 17 Councilmember Trude stated she had reviewed Roberts Rules of Order with the City Attorney 18 and it is acceptable to bring back a motion, at any point, and the motion has to be brought back 19 by someone who voted on the side that passed. At a recent meeting the City did approve a 20 property split of one parcel for this property. This brought to mind the denial of the variance and 21 had it been approved the City would have had another parcel added to the City's lot inventory. It 22 . will be 3 -years before this parcel can be split again according to the City's ordinance. She stated 23 this would be an appropriate discussion for a workshop where staff and the Council would have 24 some time to talk about the policy implications and impacts to future projects. She stated she 25 personally thinks this is a unique situation and this is why she would be willing to revisit and 26 revote on the variance. Staff does have some policy concerns they would like to discuss with the 27 Council prior to the Council reconsidering this variance. It can be brought back to a future 28 meeting once the City has decided if they would like to look at the ordinance on lot splits, the 29 timing of lot splits, or look at situations individually. In this case there had been a couple of 30 situations where the individual had found in staff reports that showed some of the drainage 31 matters had been discussed and there is a shortage of lots in the community. This individual did 32 not expect to be a developer but the properties were developed on three (3) sides of him. There 33 are City sewer and water connections to these lots and this is a capital investment of the City that 34 will sit idle until these lots do develop. There is interest and demand in the community for urban 35 parcels. The uniqueness in this situation is related to the individual not intending to develop 36 these parcels but being hit with assessments due to the projects that were happening that were 37 beyond his control. It would not be difficult for the Council to write up reasons to grant the 38 variance but recognizing and respecting some of the staff policy concerns this should be 39 discussed at a workshop to determine if the City wants to look at the policies and make changes 40 and/or exceptions. 41 42 Mayor Gamache stated this can be moved to a future workshop. 43 Regular Andover City Council Meeting Minutes — December 18, 2012 Page 5 Councilmember Trude stated the major concern is that the City review all of the policy concerns. The individual did not initiate this request so it can be discussed at the January workshop. It was the consensus of the Council to direct staff to do additional research for this variance request and schedule further discussions at a January City Council workshop. ADMINISTRATOR'S REPORT 9 City Administrator Dickinson updated the City Council and the residents regarding 10 administration and city department activities, legislative activities, development and CIP 11 projects, and upcoming meetings and community events including the progress at Parkside at 12 Andover Station, a potential offer from a 20 -unit senior housing project, and an application from 13 Christian Brothers Automotive on Bunker Lake Boulevard. There will be information at a 14 future EDA meeting regarding the potential 20 -unit senior housing project. The Planning and 15 Zoning Commission will review the application from Christian Brothers Automotive in January 16 and to the Council in February. A Hickory Meadows Second Addition plat for ten (10) 17 additional lots was submitted. Administration has been working on the contingencies for 18 potential open space purchases and coordinating the closing of a gas station at the corner of 19 Crosstown Drive and Bunker Lake Boulevard. One of the contingencies for this parcel was to 20 have a Phase 1 Environmental done and reviewed. Based on the review there are no additional 21 red flags so the City is moving forward with a December 31 closing for this parcel. The 22 Community Center has been very busy and the concession area will be shut down by the end of 23 the week for a couple of weeks for Subway to come and make the necessary changes in order to 24 open in January. The total single - family homes for 2012 is at 81 and the third floor for the Arbor 25 Oaks project is currently under construction. 26 27 City Engineer Berkowitz stated staff has been working on snow removal. The City recently 28 received 14 -16 inches of snow and because it had been a continuous snow there were areas that 29 had been packed down but staff has been able to get this cleared. The City's ice rinks are being 30 flooded and they should all be ready by the holiday. The City has awarded a contract to a 31 consultant to begin working on the Master Plan and design for Phase 1 for the 40 -acre Park on 32 Tulip Street. The Park Commission will be scheduling a couple of joint meetings with the 33 Council to review the plan over the next couple of months. The Consultant has already put 34 together a couple of ideas and layouts. 35 36 City Administrator Dickinson stated City Hall offices would be closed December 20' and 25th 37 and January 1St 38 39 MAYORICOUNCIL INPUT 40 41 (Mobile Library) Councilmember Trude stated the Library project is moving ahead at the 42 Community Center. They were able to identify a location for the book lockers. There will be 43 Library staff on site when the project launches in order to make sure everyone has a library card 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Regular Andover City Council Meeting Minutes —December 18, 2012 Page 6 and is able to use the new system and products, including e- readers. She stated they may also look into a book vending machine. The goal to have the library component complete by the first Tuesday in March but the e- readers may be in as early as January. (40 Acre Park) Councilmember Knight clarified the Consultant for the 40 -acre Park on Tulip had been given direction from the City on what they expect with the project. City Engineer Berkowitz stated the Consultant had been given direction from staff on what the City would like to see incorporated and the preservation of the natural amenities on the property. The plans that have been brought forward do show they are thinking outside of the traditional box and the City will be proud of the final project. (Happy Holidays) Mayor Gamache wished all the residents a Happy Holiday Season. Mayor Gamache recessed the regular City Council meeting at 7:39 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations and Property Negotiations for PID #11- 32- 24 -31- 0001,11- 32 -24 -24 -0001, and 11- 32 -24 -23 -0001. The City Council reconvened at 8:23 p.m. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:24 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes —December 18, 2012 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — DECEMBER 18, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve 2013 Liquor Licenses ...................................................... ............................... 2 Item 4 Approve 2013 Massage Therapy /Establishment License (Supplemental) ................... 2 Item 5 Approve 2013 Animal Control Contract ....................................... ............................... 2 Item 6 Adopt 2013 Fee Ordinance (Ordinance 425) ................................. ............................... 2 Item 7 Approve Declaration of Encroachment Easement, Conditions, and Covenants /Lot 7, Block1, Timber Trails ......................................................................... ............................... 2 Item 8 Approve Classification and Sale of Tax Forfeit Properties (See Resolution R128 -12) 2 Item 9 Approve Contract with Engineering Firm/12- 31/3535 —161St Ave NW (Sports Complex) ............................................................................................. ............................... 2 Item 10 Approve Market Rate Wage Adjustments ..................................... ............................... 2 Item 11 Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees .............. 2 Item 12 Approve Change Order #3/11 -10 /South Coon Creek Drive NW Reconstruction (See ResolutionR129- 12) ............................................................................ ............................... 2 Item 12aApprove 2013 Commercial Kennel License ( Supplemental) ........ ............................... 2 ANOKA COUNTY SHERIFF'S MONTHLY REPORT ................................ ............................... 2 RESCIND RESOLUTION R127 -12 AND APPROVE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $17,315,000 TAXABLE GENERAL OBLIGATION ABATEMENT BONDS, SERIES 2012C, AND LEVYING A TAX FOR THE PAYMENT THEREOF (See Resolution R132 -12) ........................................................ ............................... 3 ADOPT RESOLUTION /CITY OF ANDOVER 2013 BUDGET AND CERTIFY 2013 PROPERTY TAX LEVY (See Resolution R130- 12) ................................. ............................... 3 PUBLIC 2013 DEBT SERVICE LEVY CHANGES (See Resolution R131 -12) .......................... 4 DISCUSS RECONSIDERING VARIANCE REQUEST —15873 LINNET STREET NW Tabled toCouncil Workshop ................................................................................... ............................... 4 ADMINISTRATOR'S REPORT ..................................................................... ............................... 5 MAYOR/COUNCIL INPUT ........................................................................... ............................... 5 (Mobile Library) ........................................................................................... ............................... 5 (40 -Acre Park) .............................................................................................. ............................... 6 (Happy Holidays) ......................................................................................... ............................... 6 t , ' ~P1`A J (40' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Director Lee Brezinka, Assistant Finance Director Payment of Claims January 2, 2013 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $538,373.16 on disbursement edit list #1- 2 from 12/28/12 — 01/02/13 have been issued and released. Claims totaling $486,471.23 on disbursement edit lists #3 - 4 dated 01/02/13 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $1,024,844.39. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists ,L l a Amb d C d L h L E 7 z u d d V Q y C E o. d W a d P a W U 6 . o d � � O Q O v v 0 U v N O N W N 1.4 0 a N N 0 N N cd ON C Cd V Cn Q � U rte, �o d C d L h L E 7 z u d d V Q y C E o. d W a d P a W U 6 . o d � � O Q O v v 0 U v N O N W N C O a •U d a O z 'o C v � N N Q o m � O C U p Q cG I V U W a F X Y U Cv G z O F b0 P. a. N N N O N N ti 0 C j L a O O a V U d V J K C O a •U d a O z 'o C v � N N Q o m � O C U p Q cG I V U W a F X Y U Cv G z O F b0 P. a. N N N O N N ti 0 C j L a O O a V U d V J 0 0 V1 ir F. U U 0 00 h r U v W U :J `o U z C r F b0 N P. W 6 C � L W WOO N a" a 0 0 0 0 0 G a CL a a o 0 0 0 0 o 0 0 0 0 z � x 0000° , y M_ M_ M M M C1 0 0 0 0 0 N N N N N N N N N N q 0 0 0 0 0 v Py C 0 0 0 0 0 C h ,n o h vi C C C C C U U U U U • � N N N N N Y�i-a -1 y M d' w T T T T T ^/yam p L O O O 0 0' c � A 3 wwwww p,,, woc v cd U aCi N a Cn U x O U ] a w 0 0 V1 ir F. U U 0 00 h r U v W U :J `o U z C r F b0 N P. a U d w w L v a a E P O C O O u d U o U v a M M M 1d+ R O O O Q N N N C O O O R Q O O N M O M V N U N > > Y v 0 o . m N U ,x P. P. W ✓' U w c s a ca� r °. d w w w w L d a ¢ a < ¢ a N O N N O^ O O O M_ ll N N N M M M L N y b V' N N N pN b N Opt Opt al N N � N O O N 7_ O N_ Q U N'V b U vNi U O U O l� U O O O y M M M M M M M M M R O O O O O O O O O Q N N N N N N A N N y N N N N N N N N N C O O O O O O O O O d O O O O O O O O O 00 G+ O N N O O N N G G •H_ U h V L Y L ~ U O U U U N N U z° C� w M M M O >> > V d u C d L W d L d a E 0 z u a d V R Q V G d E R a d II V C O a �L u N Q O z d .o C C 3 �i V s V w is F X U N L U W O 7 z 0 a N U 00 P. b G\ N O N W N N O C T .n W O O 4 M1I x a U u d e 0 U P. d .ANL6 6W 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator David Carlberg, Community Developme Director FROM: Stephanie L. Hanson, City Planner SUBJECT: Approve 2013 CDBG Application - Planning DATE: January 2, 2013 INTRODUCTION On December 4, 2012, the Andover EDA made a motion for staff to prepare a CDBG application for the possible acquisition/demolition of a housing unit in the Crosstown Blvd Drive area. DISCUSSION Acquisition/Demolition Crosstown Boulevard/Drive Area Both of these components are eligible projects. In 2012, the city submitted an application for the same project; however, the city did not receive funds. The Council should be aware that units would need to be replaced within the overall project area which would be established with this application. Additionally, if units within a building are occupied at the time the city purchases a building, relocation benefits will need to be provided. On December 4, 2012 EDA raised the issue about the absence of a municipal water main for the duplexes located south of 1361h Lane along Poppy Street. To participate in this program, the city needs to collect income and demographic data to determine /demonstrate eligibility and to determine project costs to construct the utilities. Staff will evaluate this as a potential project for funding in 2014. Staff Recommendation Staff recommends a grant application be submitted for acquisition/demolition in the Crosstown Boulevard and Crosstown Drive area of the city. ACTION REQUESTED The Council is asked to consider the attached resolution and CDBG application. The application must be submitted to Anoka County by January 14, 2013 to be considered for 2013 CDBG funds. Attachments Resolution XX Authorizing Application for 2013 CDBG CDBG Application Respectfully su fitted, Ste anie . Hanson Step CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION AUTHORIZING APPLICATIONS FOR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2013 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2013 Community Development Block Grant Projects and Budget as follows: 2013 Authorized CDBG Application with Requested Amount 2013 Project Proposal Acquisition /Demolition Crosstown Boulevard and Crosstown Drive $200,000 TOTAL $200,000 Adopted by the City Council of the City of Andover on this 2nd day of January, 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Please complete the following Public Service application. An Application Guide is available with directions on completing the application, submission details, and contact information for questions regarding the application. X Local Government ❑ Public Agency ❑ For - Profit Organization ❑ Faith -Based Organization Contact Person: Stephanie Hanson Title: City Planner Address: 1685 Crosstown Boulevard NW City: Andover State: MN Zip: 55304 Phone: (763) 767 -5147 Fax: (763) 755 -5100 ❑ Non - Profit Organization ❑ Institution of Higher Education ❑ Anoka County Department: Email* s.hanson @andovermn.gov *Meeting notices will be sent by email only. Project Information Project Address. See attached Project Area Map Project Service Area: See attached Project Area Map Does the total project cost, reflected below in "Funding Request," account for federal prevailing wages if applicable? (Reference the Application Guide for information on federal wage laws) X Yes ❑ No This project will be completed in: ❑ 6 months X 12 months ❑ 18 months Project Activity 01 Acquisition of Real Property Will CDBG funding be used to leverage additional funding? X Yes ❑ No Anoka County CDBG Application _ Partial Funding d Can this project be partially funded? X Yes ❑ No If application is requesting funds for multiple items, prioritize items and amounts needed: Priority 1: Acquisition of 4 unit Multifamily Building $200,000 Priority 2: Demolition of 4 unit Multifamily Building $29,900 Priority 3: Funding Request Amount ($) of CDBG Request $ 200,000 Amount ($) of Community or Agency's Resources $ 29,900 Amount ($) from other loan /grant Sources $ 0.00 Total Program Costs ($) $ 0.00 Program Narrative, Program Description The program will contribute toward the city's ongoing effort to redevelop a blighted neighborhood in the oldest part of the city. This CDBG project will acquire and demolish a four unit multi - family building. The city purchased a similar 4 unit multifamily building in 2011. The project will be managed by city staff in conjunction with the city's Economic Development Authority. The community as a whole and the surrounding neighborhood in particular will benefit from the removal of blight in this area of the city. Describe the need and urgency for the proposed project. Include the consequences if the project is notfunded. The need for this project is created by blighted conditions in the project area. Urgency is created by the availability of units which are presently for sale. If the project is not funded, the blighted conditions will continue to exist and negatively affect the immediate and surrounding neighborhoods. Describe the organization's fiscal management including financial reporting and recording keeping. Local government Is there a fiscal agent other than the applicant? ❑ Yes X No Infrastructure a Does this project involve infrastructure? ❑ Yes X No Anoka County CDBG Application If the project application is requesting assistance for water /sewer improvements, street improvements, or other infrastructure, answer the following questions: 1. Identify the urgency of the improvement. 2. Is the improvement included in the city /town improvement plan? 3. What circumstances led to the need for federal assistance? Slum /Blight Removal (National Objective) Does this project meet the Slum /Blight Removal national objective? X Yes [:]No If this project is for slum /blight removal, verification must be made in order to assure that a CDBG- funded activity meets the national objective regarding slums and blight. Verification for this project falls within one of the following categories: X Elimination of Slums and Blight Area Basis (SBA) ❑ Elimination of Slums and Blight Spot Basis (SBS) Describe /identify the site location or boundaries. Please see the attached Project Area Map. One 4 unit building within this area will be acquired and demolished. Indicate the percent of building or public improvements that were deteriorated when the project was designated as slum /blight, and the year of designation: One 4 unit multifamily building in the project area was evaluated by an independent consultant in 2011 (see attached report). It was declared substandard due to various building and fire code deficiencies that were estimated at 21% of the cost to reconstruct the building. It is anticipated that similar results will be found in any of the remaining four unit buildings in the project area due to the similar design, age and condition of these buildings. Public Improvement /Type of Condition: Substandard condition Describe the conditions that qualify the project as slum or blight. (see above) An evaluation of a four unit multifamily building was completed in 2011. The building was declared substandard. The remaining four unit multifamily buildings in the project area are of similar design, age and condition. .Benefit to Low a_nd_M_oderate Income people (National Objective) Does this project meet the Benefit to Low and Moderate Income People national objective.) ❑ Yes X No Identify how the project will meet the Low /Moderate Income national objective. Carefully review the following activity definitions in the Application Guide before selecting an option. ❑ Low /Moderate Income Employment (LME) ❑ Low /Moderate Income Clientele (LMC) ❑ Low /Moderate Income Area Benefit (LMA) - Required: project /service area map ❑ Low /Moderate Income Housing (LMH) ❑ Single- family housing ❑ Multi- family housing Anoka County CDBG Application Housing Activities Is this project for a housing activity? ❑ Yes X No *All housing activities will be considered for HOME funds before the use of CDBG Type of Housing: ❑ Single- family ❑ Townhome ❑ 2 -, 3 -, or 4 -plex ❑ Single -Room Occupancy ❑ Multi- family ❑ Other: Tenancy: ❑ Owner- occupied ❑ Renter - occupied Income Level of Clients ❑ 0-30% Area Median Income ❑ 51-80% Area Median Income Benefit to Homeless ❑ Not applicable ❑ Homeless individuals ❑ Homeless families ❑ 31-50% Area Median Income ❑ Above 80% Area Median Income Non - Homeless Special Need Population Served: ❑ Elderly (62 years +) ❑ Alcohol /drug abuse ❑ Developmentally disabled ❑ Physical disability ❑ Severe mental illness ❑ Victims of domestic violence ❑ HIV /AIDS Total Number of Units Overall in Project Number Occupied: Number Vacant: Acquisition, Rehabilitation, Demolition, Clearance, and Conversion Type of Land X Single- or Multi - Family Housing ❑ Farm land and structures ❑ Vacant land; free from any structures ❑ Business, commercial, or industrial Site Control Indicate the status of the project site and attach documentation (lease agreement, purchase option, or property deed): ❑ Applicant owns property: Date acquired ❑ Lease: Expiration date ❑ Option to purchase: Expiration date X Other: Describe: The City will enter into purchase agreement once funding has been secured. Zoning Is the site zoned for the proposed activity? X Yes ❑ No If no, provide an explanation and timetable to change zoning or obtain variance: Anoka County CDBG Application Appraisal If request is for property acquisition, has an appraisal been completed within the last 12 months? ❑ Yes; copy of appraisal attached. X No; if appraised value not known, what is the fair market value determination? Fair market value determination will be completed once funding is in place and one of the multifamily buildings has been selected. Relocation Does the project require relocation (moving) of occupants of a structure? ❑ Temporary ❑ Permanent ❑ No relocation necessary Relocation requirements (if applicable) will be addressed once a multifamily building has been selected. General Information Notice Has a General Information Notice to sellers and /or tenants of Relocation or No Relocation benefits been completed? ❑ Yes; provided to occupants on MM /dd /yyyy X_No_; will be completed on: To be determined. Environmental Considerations Is the project currently underway? ❑ Yes; and a federally- accepted environmental review has been completed. ❑ Yes; but there has not been an environmental review. X No; project will not begin before an environmental review is completed by Anoka County. Noise Abatement and Control Distance from nearest railroad: X More, or ❑ Less than 3,000 feet Distance from nearest major roadway: ❑ More, or X Less than 1,000 feet Distance from nearest municipal or military airport: X More, or ❑ Less than 5 miles Wetland Protection Is there a wetland associated with the proposed project? ❑ Yes X No Flood Hazard Area Is there evidence or knowledge that a portion of the proposed project is located in a 100- or 500 - year flood plain? ❑ Yes X No Other Does the project: • Include repair, rehabilitation, or conversion of existing building /facilities? ❑ Yes X No • Involve new construction, acquisition of undeveloped land or any construction that requires ground disturbance? ❑ Yes X No Anoka County CDBG Application Confllct of Interest As an applicant requesting funding, will any of your employees, agents, consultants, officers, or elected officials meet any of the following conflicts of interest: ❑ Yes X No Participate in the decision making process for the approval of this application? (i.e., an Anoka County Commissioner or HRA Trustee) ❑ Yes X No Have a financial interest or reap a financial benefit from this activity? ❑ Yes X No Have an interest in any contract, subcontract, or agreement with respect to this application either for themselves or those with whom they have family or business ties during the program year and for one year thereafter? If "Yes" to any of the above, please identify the situation: Project Beneficiaries Select the type of beneficiaries this project will address and the number of expected accomplishments. X Area or Spot designation ❑ Households - Enter # households ❑ People - Enter # unduplicated people ❑ Businesses - Enter # businesses ❑ Housing Units - Enter # units ❑ Jobs - Enter # jobs ❑ Public Facilities - Enter # facilities ❑ Demolition /clearance — Four units ❑ Planning: Outline the community benefit in a brief narrative. Use of Contractors, Consultants In accordance with federal regulations, CDBG funds may not be used to directly or indirectly employ, award contracts to, or otherwise engage the services or any contractor or Subrecipient during any period of debarment, suspension, or placement of ineligibility status. Will you hire a contractor or consultant? X Yes (To be determined) ❑ No If yes, complete the following information: 1. Name of consultant /firm and owner: To be determined. 2. How were they selected? To be determined 3. Is the consultant /firm already under contract with your organization? ❑ Yes X No 4. Is this consultant /firm a women or minority owned business? ❑ Yes ❑ No To be determined. If you are unable to complete this section at the time of application, all contracts must be reviewed for debarment before a CDBG release of funds. Contact Anoka County as soon as possible with the information. Anoka County CDBG Application Data Collection:` " Describe the process for collecting beneficiary data, including who will collect it and how the data will be controlled to eliminate duplicated data. NA Budget Narrative Consult the Application Guide for requirements on this section. The budget proposal is in an Excel document available on our Web site; a hard copy of the budget in that form must be submitted with this proposal. The attached budget itemizes anticipated cost to acquire, inspect and demolish a four unit multifamily building in the project area. Cost are based on the city's experience in purchasing and evaluating a similar building in 2011. Sec #ion 3:RequirementS Attach the following documents: X Acknowledgement of receipt of Anoka County Section Plan 2010 (available at http: / /ww2.anokacounty.us /v3 cd /doing- business /Section3.aspx - download and read the Section 3 Plan, acknowledgement is last page of Plan) Section 3 Action Plan (available at http: / /ww2.anokacounty.us /v3 cd /doing- business/Section3Forms.aspx ) Will be completed when contractor is selected. Required Documentation �� ..... - - - The following documents are required to be attached, if applicable, to the final application submission. X Resolution of governing body requesting grant or board minutes approving submission of application X Supporting documentation such as, survey results, Phase 1 /II Environmental, census data, etc ❑ State and Federal Tax Exemption Determination letter- 501(c)(3) Nonprofit ❑ List of Board of Directors /Council or Trustees for Nonprofit applications X Project Timeline or schedule ❑ Building /area information and photographs ❑ Appraisals ❑ Phase Level Environmental Report X Map or sketch of project area ❑ Professional certification, analysis of feasibility and /or cost estimate ❑ Letters of support /Project commitment letters X Acknowledgement of receipt of Anoka County Section Plan 2010 ❑ Section 3 Action Plan (Will be completed when contractor has been selected) X Budget proposal — using the Excel document provided on the Web site A copy of the applicant's 2011 Audit, Management & Compliance Report and a Certificate of Liability insurance will be required before the Subrecipient Agreement can be completed. Anoka County CDBG Application Certification X I hereby acknowledge that by applying for CDBG funds, this activity may require compliance in the following areas: • Utilization of minority and women contractors • Labor Standards provisions (Davis -Bacon Act) • Uniform Relocation Act and Section 104(d) • Section 3 • Environmental Regulations • Flood Insurance • Lead -Based Paint Assessment and /or Remediation or Abatement • Debarred, suspended and ineligible contractors and subrecipients • Handicapped accessibility • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1969 - Fair Housing Act DUNS #: 132008020 If not disclosed on this application the DUNS number will be required upon the finalization of the Subrecipient Agreement. I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief. I further certify that no contracts have been awarded, funds committed or construction begun on the proposed program, and that none will be prior to issuance of a Release of Funds by the program Administrator. Signature of Authorized Official Jim Dickinson Name of Authorized Official City Administrator Title Date Anoka County CDBG Application DOVER incoryoraled 1974 N 70 0 Project Area Map CO � LO `r LO r N N N N 73936 1393 7 7� 739�S 7u'9 97S ,00 70 7 00 i 700 0�S 73839 738 v`r0 A8 , 73829 7u'(9 3879 73823 Ci J 09 73878 F� wh[Abs, '70 _wtO a (fl rr � N s. Cfl � fCp Cp ,r d -N� 0` N Nj "N N .s.���+E9 13724_ +EL rf'��M`�� 'y, l� ,..��� SZY aY�(a '»��� `^ £'� sr Yi x AO^"'�iSY Lo,- N N BUNKER LAKE BLVD 13689 ti 00 2487 N N Project Area Location map w- E s F 2 O Y Y V N N O L C2 c L O C .N t F- 4� L O Q) h m H C 7 LL cu a� LL L O1 L Y O -T C 4- O v 7 O 3 0 J it N c-I O N n ei C N ei 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O �- O O ci N l0 N Ol N O O f6 � � C •i 7 � Y O O x C 0] 7 � O N V o O O N C 3 LL z V C Q L O w N O O .O O U- 0 V O C cZC N O � Lam+ LL a, Y N N O LL L N L O O 'a r- 0) L LL LL L 7 O O O O O y W O C N u a ri V? N lO N O O1 U Q 3 N Q LL Q N O O N C C) O O LL O N O O 7 U N CO a) v M 0 F bb C N U C r C m 3 C N c d c y c c o o Y E Y O cr v Q W N H C 7 LL cu a� LL L O1 L Y O -T C 4- O v 7 O 3 0 J it N c-I O N n ei C N ei 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Acquisition/Demolition Crosstown Redevelopment Area Project Timeline July 2013 Complete environmental, historical and structural reviews August 2013 Acquire 4 unit multifamily building September 2013 Hire contractor to demolish structure October 2013 Demolish and dispose of multifamily building December 2013 Provide annual program report to Anoka County 250 Third Avenue North, Suite 450 Minneapolis, Minnesota 55401 612.338.2029 Fax 612.338.2088 Nvww.LHBcorp.com December 15, 2011 Dave Carlberg Community Development Director City of Andover 1685 Crosstown Boulevard, NW Andover, MN 55304 TIF ANALYSIS FOR 4 -PLEY AT 2600 138TH AVENUE NTW LHB was hired to inspect a 4 -plex apartment building at 2600 138`" Avenue in Andover, MN in order to determine if it meets the definition of "Substandard" as defined by Minnesota Statutes, Section 469.174, subdivision 10. The building could potentially be included in a future Redevelopment TIF District, so will need to be compliant with all of the statutes pertaining to a Redevelopment District. . CONCLUSION After inspecting and evaluating the building within the proposed TIF District on December 2, 2011, and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the building qualifies as substandard. The remainder of this letter and attachments describe our process and findings in detail. PART 2 — MINNESOTA STATUTE 469.174. SUBDIVISION 10 REQUIREMENTS The property was inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: Interior Inspection "The municipality may not.make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation "Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1)." Duluth, NIN iMinneaoolis, 4@! CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R115 -11 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant fiords for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible . to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2012 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2012 Corrununity Development Block Grant Projects and Budget as follows: 2012 Authorized CDBG Application with Requested Amount 2012 Project Proposal Acquisition /Demolition Crosstown Boulevard and Crosstown Drive $200,000 TOTAL 5200,000 Adopted by the City Council of the City of Andover on this 201h day of December, 2011. F CITY OF ANDOVER ATTEST: �1 � Uartner, ���M chelle Deputy City Clerk f �"Z Michael R. Gamache, Mayor Andover TIF Analysis Page 2 of 4 December 15, 2011 Qualification Requirements llrtinnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied parcels: A. Coverage Test ... "parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lots" The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel parking lots unless 15 percent of the area of the parcel contains building, streets, utilities, or paved or gravel parking lots." y Findinas: More than 15 percent of this parcel is occupied by buildings, streets, utilities, or paved or gravel parking lots (see attached site diagram). v r fit`` i1*' 134 2 y �a.z ns.:S r >, h A � i. Y f aT tK 'NA -> Yyy f t - '� '+, r ��.� > �•�.; ss�.. � � 3� 2601 YY �$x�� 's�A� � t'+" �f t ,s '�" �' .'°,1x t � x3•�r,^2516a �+� +r i °t '••v`�°` ''2r ss x 'd'.Tc+.rj >,r.121- ,, 1y�e� �( %+ '>r Y ,2 r x '•+' 2aC1 2s 1j,3W :s f nl F'yfSC try sc;3k Lr 7 r'> 'r`c .v im S a 4z, J,°ta''`�"32 12,x,. r 2f 6� 1.s' � aVE j 07s I Site Diagram B. Condition of Buildings Test ... "and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" I. Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: "For purposes of this subdivision, `structurally substandard' shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection Andover TIF Analysis . Page 3 of 4 December 15, 2011 including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." a. We do not count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b)) defined as "structurally substandard ", due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inca vs. City of Richfield case filed November 13, 2001. Findings; This building exceeds the criteria required to be determined a substandard building. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c) which states: "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence." "Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on -site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." LHB` counts energy code deficiencies toward the 15 percent code threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c)) for the following reasons: The Minnesota energy code is one of ten building code areas highlighted by the Minnesota Department of Labor and Industry website where minimum construction standards are required by law.. • The index page of the 2007 Minnesota Building Code lists the Minnesota Energy Code as a "Required Enforcement" area compared to an additional list of "Optional Enforcement" chapters. • The Senior Building Code Representative for the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry confirmed that the Minnesota Energy Code is being enforced throughout the State of Minnesota. • In a January 2002 report to the Minnesota Legislature, the Management Analysis Division of the Minnesota Department of Administration confinned that the construction cost of new buildings complying with the Minnesota Energy Code is higher than buildings built prior to the enactment of the code. 0 Proper TIF analysis requires a comparison between the replacement value of a new building built under current code standards with the repairs that would be necessary to brine the existing building up to current code standards. In order for an equal comparison to be made, all applicable code chapters should be applied to both scenarios. Since current construction estimating software automatically applies the construction cost of complying with the Minnesota Andover TIF Analysis Page 4 of 4 December 15, 2011 Energy Code, energy code deficiencies should also be identified in the existing structures. Findings: This building exceeds the building code deficiency criteria required to be determined substandard, with over 15 percent of its replacement value required to modify building code deficiencies. TEAM CREDENTIALS tbilchael A. Fischer, AIA LEED AP - Project PrincipabTIFAnalyst Michael has twenty -four years of architectural experience as project principal, project manager, project designer and project architect on municipal planning, educational, commercial and governmental projects. He is a Senior Vice President at LHB and currently leads the Minneapolis office. Michael completed a two -year Bush Fellowship at the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate Development. Michael has served on over 35 committees, boards and community task forces, including a term as City Council President and Chair of the Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commisioner in Edina, Minnesota. Michael was one of four architects in the country to receive the National "Young Architects Citation" from the American Institute of Architects in 1997. V Ben Trousdale, AIA - Projectdlanaver/Irzspectoi- Ben is a project architect in LHB's Minneapolis office with 20 years of experience working on a variety of multi - family housing and commercial projects. He has extensive skills in creating quality construction documents that convey a building's fundamentals and unique design details. His responsibilities include project management, code analysis, and overseeing document production. Ben is a licensed architect in Minnesota and is involved with AIA activities including Search for Shelter charrettes. We have attached a building code /condition deficiency report, Replacement Cost worksheet, Code - related repair cost worksheets, and thumbnail photo sheets of the building for inclusion in your council resolution. Please contact me at (612) 752 -6920 if you have. any questions. LHB INC. MICHAEL A. FISCHER, AIA, LEED AP SENIOR VICE PRESIDENT M:\1 1 Proj\d 10622/400 Design \406 Reports,TIRFinil Repor.Sirg!e Building Letter of Finding 12 -I5 -1 Ldoc ANDOVER TIF DISTRICT CODE /CONDITION DEFICIENCY REPORT December 9, 2011 Property Address: 2600 138th Avenue i1M, Andover, NIN PIN: 333224130041 Inspection Date(s) & Time(s): December 2, 2011 Inspection Type: Interior/Exterior Summary of Deficiencies: It is our professional opinion that this building is Substandard because: - Building Code deficiencies total more than 15% of replacement cost. - Substantial renovation is required to correct Conditions found. Estimated Replacement Cost: $ 440,656 Estimated Cost to Correct Building Code Deficiencies: S 92,800 Percentage of Replacement Cost: 21% Description of Condition Deficiencies Minnesota Statutes, Section 469.174, Subdivision 10, states that a building is Structurally Substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." A. Defects in Structural Elements 1. Cracks in stucco and brick near foundation at entrances. 2. Water damage at foundation at downspout locations. B. Combination of Deficiencies 1. Essential Utilities and Facilities a. Base board fin -tube radiator covers in bathrooms are corroded. b. Base board fin -tube covers are missing in several areas. c. Two of four thermostats are broken. d. Wiring controls at the boiler are exposed and look like a rat's nest. e. The boiler is reaching the end of its service life. f Air conditioner wall sleeves are not insulated. 2. Light and Ventilation a. Bathrooms lack exhaust fans. b. Light fixures in one of the back stairs is broken. 3. Fire Protection /Adequate Egress a. Back stair doors are less than Y -0" wide. b. All stairs are too steep and have inadequate handrails. c. Bedrooms do not have smoke detectors. d. Some areas outside of bedrooms do not have CO "smoke detectors. 4. Lavout and Condition of Interior PartitionsMaterials a. Most carpet is worn, dirty and dated. b. Vinyl tile in bathrooms are curling and lifting pa. nicularly around the toilets. c. Sheet vinyl or tile in kitchens is starting to curl and lift. d. Interior door are badly scratched and some have holes. Some doors are missing. e. Gypsum board walls show wear and tear including faded paint, tack holes and punched holes. f. Bathtubs have dirt and rust stains. g. Appliances are dated. h. Kitchen cabinets are worn and dated. i. Bathroom cabinets and lavatory are worn and dated. 5. Exterior Construction a. Cracks in veneer brick and stucco. b. Window flashing at stucco does not have positive drainage. c. Missing brick at front door sill. d. Sub - standard and failing caulk at the front door. e. No flashing between bottom of the stucco and top of the brick veneer. f. No flashing between stucco and front entry porch roof shingles. g. Cracks and weeds growing in sidewalk and driveway pavement. h. Pealing paint at side doors. i. Detached closer. at west side door. j. Cracked and missing stucco below door sill at west side door. Description of Code Deficiencies 1. Stair guardrail at second floor landing does not meet code. Guardrail picket spacing is greater than 4 ". 2. Stair handrails are too low and are on only one side of the stairs. 3. Back stair doors are too narrow. 4. Bedroom windows do not meet minimum egress size. Basement bedroom window sills are higher than the 44" maximum sill height allowed for egress. 5. Bathrooms do not have mechanical exhaust fans. 6. Common stair risers exceed the maximum allowable 7" and treads are less than the minumum allowable lilt 7. Exterior stoop step risers exceed the maximum allowable 7" 3. The attic lacks sufficient insulation at the permiter wall. 9. The attic is inadequately ventilated. 10. The electrical outlets at the kitchen counter and sink are not GFCI. 11. The electrical outlets at the bathroom sinks are not GFCL 12. Step down at exterior doors and 2nd floor unit back doors are illegal. II Electrical -ear does not have code - required 3 foot clearance. 14. There are unprotected penetrations in required fire -rated walls and ceilings. 15. Inaedquate fire separation between back stairs and first floor pantry closets. 16. Unit entrance doors are not fire -rated (no label). 17. Bedrooms do not have smoke detectors. 18. Some smoke /CO detectors are missing from the area outside the bedrooms. EnerQv Code In addition to the building code deficiencies listed above, the existing building does not comply with the current energy code. These deficiencies are not included in the estimated costs to correct code deficiencies and are not considered in determining whether or not the building is substandard: - Building's wall and attic insulation do not meet current code requirements. - Building's heating and cooling is not as efficient as cunem energy code would require. illdlIProj. 11 0622'500 Technical `502Simey\TIF? Subz canda:dBuildi. ^.nRC1,1-CANDOVER 12 06 201I.doc Building Type: Location: Story Count: Story Height (L.F.): Floor Area (S.F.): Labor Type: Basement Included: Data Release: Cost Per Square Foot: Building Cost: Foot Cost Estimate ry Frame MINNEAPOLIS, MN 2 9 3325 Open Shop No Year 2011 Quarter $132.53 $440,656 - -... _ To '�rf lMfi Coss are der'rmd from a building model wkin basic components. Scope ddtxrences and mark =_t conditions can cause toss to vary sianificamly. Parameters are not within the ranges recommended by RSMeam- A1010 Standard Foundations $1.21 $4,023 12" deep x 32" wide 12" deep x 40" wide A1030 Slab on Grade $2.71 $9,011 Slab on grade, 4" thick, light industrial, reinforced A2010 Basement Excavation $0.30 $998 storage A2020 Basement Walls $5.11 $16,991 Foundation wall, CIP, 4' wall height, direct chute, .099 CY /LF, 4.8 PLF, 8" thick thick 81010 Floor Construction $2.90 $9,643 Floor, wood joist, 2 x 12 @12" O.C., 1/2" COX subfloor 81020 Roof Construction $3.56 $11,837 Wood roof, truss, 4/12 slope, 24" O.C., 30'to 43' span B2010 Exterior Walls $20.09 $66,799 Brick veneer wall, standard face, 2x6 studs @ 16" back -up, running bond 82020 Exterior Windows $7.42 $24,672 Windows, aluminum, sliding, standard glass, 5'x 3' B2030 Exterior Doors $0.76 $2,527 opening B3010 Roof Coverings $2.56 $8,512 Asphalt roofing, strip shingles, inorganic, Class C, 4" slope, 235 -240 Ibs /SQ Flashing, aluminum, no backing sides, .019" Gravel stop, aluminum, extruded, 4 ", mill finish, .050" thick a^ , : >L'° \"�f. ; ��.�.` p��..` C1010 Partitions $8.92 $29,659 9 ypsum board, 2 -1/2" @ 24 ", same opposite face, no insulation 1/2" fire ratedgypsum board, taped & finished, painted on metal furring C1020 Interior Doors $7.87 $26,168 Door, single leaf, wood frame, 3' -0" x 7' -0" x 1 -3/8 ", birch, solid core Door, single leaf, wood frame, 3' -0" x 7-0" x 1 -3/8 ", birch, hollow core C1030 Fittings $3.01 $10,008 Cabinets, residential, wall, two doors x 48" wide C2010 Stair Construction $1.55 $5,154 Stairs, wood, prefab box type, oak treads, wood rails 3' -6" wide, 14 risers C3010 Wall Finishes $2.86 $9,510 & 2 coats Vinyl wall covering, fabric back, medium weight Ceramic tile, thin set, 4 -1/4" x 4 -1/4" C3020 Floor Finishes $5.41 $17,988 Carpet tile, nylon, fusion bonded, 18" x 18" or 24" x 24 ", 24 oz Carpet tile, nylon, fusion bonded, 18" x 18" or 24" x 24 ", 35 oz Carpet, padding, add to above, minimum Carpet, padding, add to above, maximum Vinyl, composition tile, minimum Vinyl, composition tile, maximum Tile, ceramic natural clay C3030 Ceiling Finishes $4.36 $14,497 finish, 7/8 "resilient channel furring, 24" OC support 1 • . .`.�yt ,`. - .. r. aA. "•' 5'. _ �" :' -fah' - - 1 1 •'. b °r C. `t :r: .1 D1010 Elevators and Lifts $0.00 $0 Hydraulic passenger elevator, 3500 lb., 3 floors, 10' story height, 125 FPM D2010 Plumbing Fixtures $12.54 $41,696 Kitchen sink w /trim, countertop, PE on Cl, 24" x 21 ", single bowl Laundry sink w /trim, PE on CI, black iron frame, 24" x 20 ", single comet Service sink w /trim, PE on Cl, corner floor, 28" x 28 ", w /rim guard Bathroom, lavatory & water closet, 2 wall plumbing, stand alone stand alone D2020 Domestic Water Distribution $4.66 $15,495 Gas fired water heater, residential, 100< F rise, 30 gal tank, 32 GPH D2040 Rain Water Drainage $0.00 $0 Roof drain, DWV PVC, 4" diam, diam, 10' high Roof drain, DWV PVC, 4" diam, for each additional foot add D3010 Energy Supply $4.95 $16,459 20,000 SF area,200,000 CF vol D3030 Cooling Generating Systems $0.00 $0 Encluded Above D4010 Sprinklers $0.00 $0 Wet pipe sprinkler systems, steel, light hazard, 1 fioor, 5000 SF Wet pipe sprinkler systems, steel, light hazard, each additional floor, 5000 SF D5010 Electrical Service /Distribution $7.36 $24,472 4 wire, 120/208 V, 600 A Feeder installation 600 V, including RGS conduit and XHHW wire, 600 A Switchgear installation, incl switchboard, panels & circuit breaker, 600 A 100% $120.48 D5020 Lighting and Branch Wiring $8.12 $26,999 Receptacles incl plate, box, conduit, wire, 10 per 1000 SF, 1.2 watts per SF $40,060 Architectural Fees ' Wall switches, 2.5 per 1000 SF $0.00 $0 Miscellaneous power, 2 watts 0.00% $0.00 Central air conditioning pourer, 3 watts Motor installation, three phase, 200 V,15 HP motor size per 1000 SF D5030 Communications and Security $2.25 $7,481 includes outlets, boxes, conduit and wire Fire alarm command center, addressable without voice, excl. wire &conduit Internet wiring, 2 data /voice outlets per 1000 S.F. D5090 Other Electrical Systems $0.00 $0 operated, 3 phase, 4 wire, 277/480 V, 7.5 kW E1090 Other Equipment $0.00 $0 SubTotal 100% $120.48 $400,596 Contractor Fees (General Conditions,Overhead,Profit) 10.00% $12.05 $40,060 Architectural Fees ' 0.00% $0.00 $0 User Fees 0.00% $0.00 $0 �` ON NO Andover, Minnesota Project No. 110622 Residential Code Deficiencies PIN 333224130041 Unit Code Related Cost Items Unit Cost Units Cuanfity Total - Arlo not properly vented. Insufficient attic insulation at truss heal - ' Trusses do no have energy heal - there is insufficient clearance to insulate and provide ventilation between from soffits to ridge Demolish roof at attic $ 2,500.00 Lump 1 $ 2,500.00 Provide new roof structure: trusses and sheathing, gyp. bd. pt $ 11.50 SF 1,663 S 19,124.50 Provide new shingle roof $ 6.30 SF 1,663 $ 10,476.90 Stoop step risers exceed 7' Step at exterior doors not allowed Demolish and replace stoops Demolish stoops $ 600.00 Lump 3. $ 1,800.00 Strip footings (10'x20') $ 400.00 CY - 3 - $ 1,200.00 8' CMU foundations grouted solid $ 8.00 SF 156 $ 1,248.00 Concrete_ stoop slab $ 400.00 CY 2 $ 600.00 Railings $ 250.00 Each 6 $ 1,500.00 Fire Protection Systems - Smoke Alarms IRC R317 '- Provide smoke detection system - $ 125.00 Each 10 $ 1,250 -00 IRC E 3802 - GFI locations Provide GFI outlets at bath and Kitchen Provide new circuits and devices $ 140.00 Each 12 $ 1,680.00 Bathroom Ventilation - - -- Bathrooms do not have exhaust fans Provide exhaust fans in bathrooms - $ 350.00 .Lump 4 $ - 1,400.00 - Plumbing shut -off valves Provide shut -off valves for showentub at bathrooms $ 180.00 - Each 4 $ - 720.00 IRC 312 - Stair Landings required at interior stair IRC R 314.1 - Minimum Width Conventional Stair IRC R314.2 - Rise and Run Provide cede compliant stairs to basement Remove existing stair $ 500.00 lump 3 $ 1,500.00 Reframe floor opening $ 1,200.00 lump 3 $ 3,600.00 Remodel affected areas $ 50.00 SF 315 $ 15,750.00 Construct new stairs S 3,500.00 Each 3 $ 10,500.00 Unit Entrance Doors are not labeled as fire -rated Demolish and replace unit entrance doors and frames $ 750.00 Each 4 S 3,000.00 IRC R310.1 - Building Emergency Egress Windows - Provide new emergency escape windows in existing bedroom windows $ 924.00 Each Approximate size 4' -0' x 4' -0' $ 924.00 Each 9 $ 8,316.00 Demo foundation wall to lower window sill $ 250.00 Each - 4 $ 1,000.00 Provide area wells $100.00. Each S $ 400.00 IRC R 318.1.2 Fire separation at back stairs to side doors Add 518' gypsum board panel to under side of stairs, tape and paint $ 250.00. Lump 2 $ `: 500.00 Fite separation between units and between units and other area; Boiler expansion tank is recessed into the ceiling - - -. Relocate expansion tank, - . $ 300.00 Lump 1 $ 300.00 Patch ceiling and paint S 125.00 Lump 1 $ 125.00 Clear floor space in front of electrical ca -_r and panels Relocate dryer, power for dryer and dryer vent that is currently located $ 250-00 Lump 1 $ - 250.00 in front of the electrical panels and service entrance , -IRC P42001.1 and W2005.1 Add proper means of electrical disconnect for boiler hea ".er Reinstall circuit for boiler S 100.00 ..lump. 1 S 100.00 Building Exit IRC 8311.1 Provided adequate width at back star doors Remove existing door and ra`rame_. opening $ 50.00 His 16 $ 600.00 Provide_ new door and trim Entry Door, vestibule door and storm door S 750.00 Lump 4 $ 3.000.00 Labor to instal! door S 20.00 His 8 $ 160.00 92,600.43 T c =! 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JPG IMGP7755.JPG INIGP7756.JPG r 1 IMGP7757.JPG IMGP7758.JPG MGP7759.JPG IMGP7761.JPG IMGP7762.JPG 4 r � � - - w{"�•s' } � a x��'� �yn '�. � 9 IMGP7763.JPG IP +1GP7754.JPG PAGP7765 JPG LMGP7766.JPG IMGP7767.JPG s� a 1GP7768.JPG IMGP7769.JPG l5AGP7770.JPG IMGP7771.JPG IMGP7772.JPG z 3"'�c• S' 3 IMGP7773.JPG IMGP7774.JPG IMGP7775.JPG IPAGP7776.JPG IMGP7777.JPG' - ti IMGP7778.JPG IMGP7779.JPG IN GP7780.JPG IMGP7781.JPG I1MGP7782.JPG a 1��43AI CiS bYrik �Yd.� iy_ »l S §�� oMYCi iMGQP7783.JPG IMGP7784.JPG IMG°7 8 JPG 18AGP7786.JPG IP," 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator D Approve Resolution Approving State of Minnesota Joint Powers Agreement with the City of Andover on Behalf of its Prosecuting Attorney January 2, 2013 INTRODUCTION The City Attorney, through the City of Andover, is eligible to use systems and tools available over the State's criminal justice data communications network. The State requires that the City enter into a Joint Powers Agreement (JPA) for access. DISCUSSION The attached resolution and State of Minnesota Joint Powers Agreement Criminal Justice Agency are required for the City of Andover's Prosecuting Attorney to continue to have access to the State's criminal justice data communications network. City Administration and the City Attorney are recommending approval of the attached resolution and JPA. ACTION REQUESTED The City Council is requested to approve the attached resolution and the State of Minnesota Joint Powers Agreement. submitted, — Resolution & JPA RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ANDOVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Andover on behalf of its Prosecuting Attorney desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreement further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Andover on behalf of its Prosecuting Attorney, is hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution and made a part of it. 2. That the City Administrator -Jim Dickinson, or his or her successor, is designated the Authorized Representative for the City of Andover. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That the City Attorney -Scott Baumgartner, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Michael R. Gamache, the Mayor for the City of Andover, and Jim Dickinson, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 2nd day of January, 2013. CITY OF ANDOVER By: Michael R. Gamache Its Mayor ATTEST: By: Jim Dickinson Its City Clerk SWIFT Contract # 56165 MN002059A STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Andover on behalf of its Prosecuting Attorney ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement I Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 111.2 Expiration date: This Agreement expires five years from the date it is effective. Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the`CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 56165 MN002059A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at ww-,v.dps.state.mn.us/cj dn/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https. / /sps.x. state. mn. us / sites /beaservicecataloe /default.asi)x. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk a,state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. SWIFT Contract # 56165 MN002059A If Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. Payment The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46 No charges will be assessed to the agency as a condition of this agreement. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is Jim Dickinson, City Administrator, 1685 Crosstown Blvd NW, Andover, MN 55304, (763) 767 -5110, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. SWIFT Contract # 56165 NIN002059A 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. SWIFT Contract # 56165 MN002059A 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) SWIFT Contract # 56165 MN002059A The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION by Minn. Stat. §§ 16A.15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: Signed: Date: Title: (with delegated authority) CFMS Contract No. A- Date: 2. AGENCY Name: 4. COMMISSIONER OF ADMINISTRATION (PRINTED) delegated to Materials Management Division Signed: By: Title: Date: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: L . C I T Y • NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Adopt Resolution/Approve Northwest Anoka County Community Consortium Joint Powers Agreement DATE: January 2, 2013 INTRODUCTION The Joint Powers agreement between Anoka County, School District #11 and the cities of Anoka, Ramsey and Andover expired on December 31, 2012. DISCUSSION The Joint Powers Agreement's primary purpose is the Youth First Program and historically renewed for a term of two years. Anoka County, the lead agency, extended their participation on November 27, 2012 (see attached resolution). The attached JPA was changed to remove the requirement of re- extending the JPA every two years. In place of the every two year renewal is withdrawal language, where a party can by written notice withdrawal from the Northwest Anoka County Community Consortium. You will notice some typographical errors on the submitted JPA; City Administration has requested a clean copy before final signature. ACTION REQUESTED The Andover City Council is requested to adopt the attached resolution approving the Joint Powers Agreement. submitted, - City Resolution, Anoka County Resolution, & JPA CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the Andover City Council approved a joint powers agreement in 1995 between Anoka County, Anoka- Hennepin School district #11 and the cities of Anoka, Ramsey and Andover to create an organizations known as the Northwest Anoka County Community Consortium; and WHEREAS, the current agreement will expire on December 31, 2012; and WHEREAS, Anoka County on November 27, 2012 reauthorized the Joint Powers Agreement #2012 -2337 between the Anoka - Hennepin School District #11 and the cities of Anoka, Ramsey and Andover; and WHEREAS, the City of Andover wishes to extend the Northwest Anoka County Community Consortium Joint Powers Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover approves the Joint Powers Agreement #2012 -2337 between the Anoka - Hennepin School District #11 and the cities of Anoka, Ramsey and Andover. Adopted by the Andover City Council on the 2nd day of January 2013. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: November 27, 2012 RESOLUTION #2012 -168 OFFERED BY COMMISSIONER: Sivarajah RESOLUTION AUTHORIZING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT (CONTRACT #2012 -2337) WHEREAS, the Anoka County Board of Commissioners on May 23, 1995, approved a Northwest Anoka County Community Consortium Joint Powers Agreement, and, WHEREAS, the Intergovernmental Committee on May 25, 1995, gave final approval to the Joint Powers Agreement between Anoka County; cites of Andover, Anoka, and Ramsey; and Anoka - Hennepin Independent School District No. I1 to create an organization to be known as the Northwest Anoka County Community Consortium; and, WHEREAS, said Joint Powers Agreement was to sunset on December 31, 1996, and could be renewed for additional terms of two years each by resolution of all the governing bodies of the parties hereto prior to the expiration date of December 31, 1996; and, WHEREAS, said Joint Powers Agreement was renewed by Resolution #96 -162 with a sunset date of December 31, 1998; by Resolution #99 -7 with a sunset date of December 31, 2000; by Resolution #2000 -147 with a sunset date of December 31, 2002; by Resolution #2002 -162 with a sunset date of December 31, 2004; by Resolution #2004 -162 with a sunset date of December 31, 2006; by Resolution #2006 -159 with a sunset date of December 31, 2008; by Resolution #2008 -142 with a sunset date of December 31, 2010; by Resolution #2010 -124 with a sunset date of December 31, 2012; and, WHEREAS, the Anoka County Board of Commissioners wishes to continue the membership of the consortium of the Joint Powers Agreement: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners authorizes the Joint Powers Agreement #2012 -2337 between Anoka County; cites of Andover, Anoka, and Ramsey; and Anoka - Hennepin Independent School District No. 11. BE IT FURTHER RESOLVED that a certified copy of this resolution shall be sent to the administrators of Anoka- Hennepin Independent School District No. I1 and the administrators of the cities of Andover, Anoka and Ramsey. STATE OF MINNESOTA) COUNTYOFANOKA ) 's't 1, Jerry Soma, County Administrator, Anoka County, Minnesota, hereby certify that I DISTRICT #1 —LOOK have compared the foregoing copy of the resolution of the county board of said county with the original record thereof on file in the DISTRICT #2- WESTERBERG Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said board at a meeting duly held DISTRICT #3 —WEST on November 27, 2012, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution DISTRICT #4— KORDIAK was duly passed by said board at said meeting. Witness my hand and seal this 27th day DISTRICT #5 — LEDOUX of Novemb 012 7 DISTRICT #6 — SIVARAJAH (/ G JERRY SOMA COUNTY ADMINISTRATOR DISTRICT #7 —ERHART YES NO *Adult Foster Care 763/422 -7070 -Adult Mental Health olntake 763/422 -3283 oCase Management 763/712 -2911 oPre- petition Screening 763/422 -7070 *Adult Protection 763/422 -7070 *Chemical Health 763/422 -7070 *Child Care Assistance 763/717 -7711 *Child Care Licensing 763/422 -7146 •Child Foster Care 763/422 -7144 *Children & Family Services 763/422 -7125 *Children's Mental Health 763/712 -2703 COUNTY OF ANOKA HUMAN SERVICES DIVISION Community Social Services & Mental Health Department Government Center. 2100 3rd Avenue, Suite 500 •Anoka, MN 55303 -5049 763/422 -7000 • TDD: 763/323 -6166 FAX: 763/422 -6987. 763/422 -6929. 763/712 -2311 . 763/422 -7232 November 26, 2012 City of Andover Mr. Jim Dickinson City Administrator 1685 Crosstown Blvd NW Andover, MN 55304 Dear Mr. Dickinson: Enclosed is a copy of the renewed Northwestern Anoka County Community Consortium Joint Powers Agreement (JPA) with Anoka County. Please review the JPA and complete the signature portions. After you have completed the signatures, please mail the original signature page to: Joan Martin County of Anoka Human Services Division 2100 Third Avenue, 5th Floor Anoka, MN 55303 I will forward a copy of the JPA to you after all signatures from the partnering agencies and the County representatives have reviewed and signed it. If you have questions regarding the JPA, please call me at 763 - 422 -7054. eO •Community Resources Sincerely, pG4�i 763/422 -7089 DV( JJJ •Developmental Disabilities Geor e Borrel1 763/422 -7175 Program Planning and Support Services Manager •Program /Placement Support 763/422 -7074 Enclosure -Senior Services 763/422 -7070 Affirmative Action / Equal Opportunity Employer A Contract # 12 -2337 JOINT POWERS AGREEMENT NORTHWESTERN ANOKA COUNTY COMMUNITY CONSORTIUM "NWACCC" The parties to this Agreement are Anoka County, City of Andover, City of Anoka, City of Ramsey, and Independent School District No. 11, all of which are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. ARTICLE I. GENERAL PURPOSE The general purpose of this Agreement is to create an organization through which the parties may jointly and cooperatively create a community -wide vision for positive youth development that would focus on developing a detailed action plan to implement the results of the recent Search Institute Youth Needs Assessment Survey. The organization would concentrate on encouraging community partnerships that would improve the factors inhibiting healthy development identified in the aforementioned study. The organization would also work to promote both the internal and external assets identified in the study and assist youth in increasing their ability to make positive choices in their lives. The organization will continually assess progress toward meeting that detailed action plan to promote positive youth development and attempt to diminish or eliminate influences that limit healthy youth development. The organization would serve as a formal structure to assemble a permanent Child and Youth Task Force that would be responsible for implementing this action plan on a permanent basis. ARTICLE II. PARTIES Section 1. The governmental units eligible to become parties to this Agreement are Anoka County, City of Andover, City of Anoka, City of Ramsey, Independent School District No. 11, and such other governmental units sharing common concerns and designated by the Board from time to time. Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the Board of Directors. The resolution authorizing the execution of the Agreement shall also designate the first directors and alternate director. 1 Contract # 12 -2337 ARTICLE III. BOARD OF DIRECTORS Section 1. The governing and policy- making responsibilities of Northwest Anoka County Community Consortium (NWACCC) shall be vested in its Board of Directors, which shall control its property, be responsible for its finances, and direct its administrative affairs. Section 2. Each party shall be entitled to two directors, who shall have one vote each. Each party shall also be entitled to one alternate director, who shall be entitled to attend to meetings of the Board, but may only vote in the absence of one of the party's two directors. Section 3. The two directors and one alternate director shall be appointed by resolution of the governing body of each party. When the governing party of a body appoints a director or alternate director, it shall give notice to the NWACCC of such appointment in writing with a certified copy of the resolution making the appointment. The two directors and alternate director serve at the pleasure of the governing body of the appointed party. Finally, the two directors and alternate director of each party shall be appointed to serve until their successors are appointed and qualified. Section 4. The two directors and alternate director of each party shall not receive any compensation from the NWACCC for their services. Section 5. There shall be no voting by proxy; all votes must be cast in person at the Board meetings by the two directors or alternate director. Section 6. A majority of the votes attributable to the parties constitute a quorum of the Board. Section 7. The Board by majority vote may designate ex- officio members, who shall be entitled to attend and participate in meetings, but shall not be entitled to vote. ARTICLE IV. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the Board shall include the powers set forth in this Article. Section 2. The Board may appoint a coordinator, who shall perform the duties and responsibilities assigned by the Board and whose compensation shall be fixed by the Board. Section 3. The Board may enter into such contracts as necessary to cant' out the general purposes of this organization. No contract on behalf of the organization may be entered into or executed until the Board has approved such action. The Board may authorize any officer or officers, agent or agents, to enter into a contract or execute and deliver an instrument in the name of and on behalf of the organization. Section 4. It shall establish an annual budget. It may invest or reinvest funds not needed for current operating expenses, if any, in the manner applicable by laws to cities. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may IL Contract # 12 -2337 be expended by the Board in accordance with procedure established by laws for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed by the chair and countersigned by the vice chair. Other legal instruments shall be executed on behalf of the Board by the chair and vice chair. Section 5. It shall make a financial accounting and report to the parties at least once each year and its books and records shall be audited annually and be available for and open to examination by the parties at all reasonable times. Section 6. It may accept gifts, apply for and use grants of money or other property from the state, Anoka County, or any other governmental or private organization, and may enter into agreements required in connection therewith and may hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan, or agreement relating thereto. Section 7. The amount of financial support from Anoka County will be determined annually by the Anoka County Board of Commissioners to be appropriated for the year. Section 8. It shall indemnify directors, officers, and employees against claims for damages, costs, and expenses incurred by any of such persons in connection with any action, suit, or proceeding in which he may be involved by reason of his having been a director, officer, or employee, and may obtain liability insurance therefore. Such indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a matter of law. Section 9. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. ARTICLE V. MEETINGS, ELECTIONS, AND DUTIES OF OFFICERS N Section 1. Anoka County agrees to convene the organization meeting of.WWACCC. Section 2. At the first meeting of the Board of Directors JWACCC, the Board shall elect from its members a chair and vice chair. The new offices shall take office for a period of one year after the date on which they are elected. Section 3. At the organizational meeting, or as soon thereafter as may reasonably be done, the Board shall determine its procedures, including the time, place, frequency, and notice of its regular meetings and the manner of calling special meetings. Section 4. A vacancy shall immediately occur in the office of any officer upon resignation or death, or otherwise upon such officer ceasing to be a representative of a governmental unit. Upon vacancy occurring in any office, the Board shall fill such position at its next meeting. OA Contract # 12 -2337 ARTICLE VI. WITHDRAWAL V Section 1. Any member party may at any time give written notice of withdrawal from MWACCC. A party withdrawing from membership at a time when such withdrawal dos not result in dissolutions of the organization shall forfeit its claim to any assets of the organization. ARTICLE VII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one -half of the area population occurs, or (b) by a majority vote of all members of the Board. Section 2. Upon dissolution, the remaining assets of the organization, after payment of all obligations, shall be distributed among the parties as determined by the Board. ARTICLE VIII. DURATION This Agreement shall continue in effect until dissolved according to Article VII. ARTICLE IX. EFFECTIVE DATE This Agreement shall become effective upon its execution by the parties hereto. I� Contract # 12 -2337 IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed on their behalf. ATTEST: IC COUNTY OF ANOKA Jerry Soma Rhonda Sivarajah, Chair County Administrator Anoka Board of Commissioners Date: ATTEST: CITY OF ANDOVER By: By: Title: Date: ATTEST: CITY OF ANOKA By: By: Title: Date: ATTEST: CITY OF RAMSEY By: By: Title: Date: ATTEST: INDEPENDENT SCHOOL DISTRICT #11 By: By: Title: Date: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV / TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Pub' Wo s /City Engineer FROM: Jason J. Law, Assistant City Engineer SUBJECT: Accept Feasibility Report /Order Public Hearing /13- 02/2013 Street Reconstruction - Engineering DATE: January 2, 2013 INTRODUCTION The City Council is requested to accept the feasibility report and order the public hearing for Project 13 -02, 2013 Street Reconstruction. DISCUSSION Identified in the City's 2013 -2017 Capital Improvement Plan is reconstruction of the streets in the Stenquist Addition and 159th Avenue NW from 7th Avenue NW to Roanoke Street NW. The project will include reclaiming the existing bituminous surface, replacing bituminous curb with concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous surface. A deep 30" culvert under 159th Avenue NW will also be replaced with this project. This has been a very effective reconstruction method since the City began the process back in 1996. An informational meeting was held with the residents in this neighborhood on December 11th, 2012. Staff discussed the project, received comments, and provided residents with preliminary information, including estimated costs. Attached is the sign -in sheet from this meeting. BUDGET IMPACT The project would be funded from the City's Road & Bridge Fund, with 25% of the total project costs assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. The costs associated with the 30" culvert replacement under 159th Avenue NW would be funded through the City's Stormwater Utility Fund. ACTION REQUIRED The City Council is requested to accept the feasibility report and order the public hearing for Project 13 -02, 2013 Street Reconstruction. R ectfully s bmitted, Jason J. Law Attachments: Resolution, Location Map, Neighborhood Meeting Sign -in sheet CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR 2013 STREET RECONSTRUCTION PROJECT NO. 13 -02. WHEREAS, pursuant to Resolution No. 118 -12, adopted the 4th day of December , 2012 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 2nd day of January , 2013; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 1,292,400.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 13 -02 for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1,292,400.00 3. A public hearing shall be held on such proposed improvement on the 5th day of February , 2013 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of January , 2013 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor 2013 Street Reconstruction Project Location Map 4918 4864 1121 16356 4726 4700 4616 16337 Project Area 1 3 6 00 Lots/Parcels Z p gIr2FNI--?,.I-A 1115, I"T U!" :ENZI XI 14 IN A � -4 A 1 681 !: 4995 4 16250 16241 16238 - :j 4869 T T .. ........ .. . 4 66 �a- 16200 5000 4915 4877 4815 a t^ N,\ h' V a X n J, V l 1 J JJ �i i I C Cr C F U � � ` l r ry I\ Z � � r 9 �j J, i I' r V O i W U) oj CD CD CD 0 O 7 V \ .ice \. C CD 0 63 O C) ; V 'CD CD = 0 3 -4 i r O (D O W N. Or+ j CD CD D 3 M o a V 90 m M D 5 - C CD S Z r � C`, l i I' r V rn w cn O X O cn 1 O z W O m c D m X � D �o V Z N W ND �O D Z 3 O Z OZ <m M cn �O ZD O� O w w <o A V ° w 0 1 W v Ti O i W U) CD CD CD 0 O 7 C C CD 0 O C) V 'CD CD = 0 3 -4 i r O (D O W N. Or+ j CD CD D 3 M o N � 90 M D C CD Z rn w cn O X O cn 1 O z W O m c D m X � D �o V Z N W ND �O D Z 3 O Z OZ <m M cn �O ZD O� O w w <o A V ° w 0 1 W v Ti N 0 Ca CD O CD C() --I 0. X 0 0 N 0 Z N Q co O N - C D r _ X < �N Wv ri;N, (� C ) O H OD WD CDvMocn . 0 c • o 0 7 0 0 em G� y "r �Grt Z3 -a M N D oZ z �- mcn v c`° 90 3 3 O Z D N o CD Qp <o q� CA o to K m � D w V w 3 o CD Z m 2 w c� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: James Dickinson, City Administrato FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve Appointment— Streets Supervisor DATE: January 2, 2013 Due to the recent retirement of Irwin Russell, Streets Supervisor, the Public Works Department has the position of Streets Supervisor available. The Human Resources Department has completed the interview and selection process to fill this position. DISCUSSION The initial interview team consisted of the Community Development Director, the Director of Public Works/Engineering, and the City Administrator. There were 26 applications submitted and 8 applicants were interviewed. The interview team recommends hiring Mark Becker. Mr. Becker is currently a Streets Supervisor and has been a Streets Supervisor for over 10 years In addition, Mr. Becker has 14 years of Mechanic experience with various organizations. He has Vocational Degrees from North Hennepin Vocational College and Dakota County Vocational College in Diesel and Heavy Duty Truck & Trailer Mechanics. The proposed starting date for this position would be January 28, 2013. BUDGETIMPACT Mr. Becker has been offered $67,295.52 annually, which is the 2013 Step Level 4 salary, and then would be eligible for any general increases and annual Step Increases after successful completion of her 6 -month probationary period. ACTION REQUESTED The Council is requested to appoint Mark Becker as the new Streets Supervisor in the Public Works Department. Respectfully submitted, a a Makinen 0 [DOVE TD . 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Approve Official Depositories & Banks January 2, 2013 INTRODUCTION we Each year the City Council is required by state law to approve a resolution designating the City's official depositories, supplemental depositories of investments and designating an individual as the approval authority for collateral transactions. DISCUSSION The depositories listed on the attached resolution, are the organizations the City currently conducts business with, and staff is recommending. BUDGET IMPACT None. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution that designates depositories for City funds and designates the City Administrator of the City of Andover as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. submitted, Jiii Dickinson - Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2013 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1St Regents Bank. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Klein Bank; Northland Securities; Comerica Securities Inc.; Morgan Stanley /Smith Barney.; RBC Dain Rauscher Inc.; UBS Financial Services hic.; and Raymond James /Morgan Keegan be designated as additional depositories for 2013 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 2nd day of January 2013. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Designate Official Newspaper DATE: January 2, 2013 INTRODUCTION Each year the City Council must designate the official newspaper of the city where publication of official notices is made. moll DISCUSSION The Anoka County Union has submitted their proposal to serve as the city's legal newspaper for 2013. The legal publication rate will be $10.75 per column inch (no rate change from 2012). Electronically submitted legals will be $10.25 per column inch (no rate change from 2012). The Anoka County Record has submitted their proposal to serve as the city's legal newspaper for 2013. The legal publication rate proposed is $5.94 inch (9 lines per inch). Staff has reviewed the proposals and while the proposal submitted by The Anoka County Record is lower, staff recommends The Anoka County Union be designated as the official newspaper. The primary reason is that the Union is a weekly paper and the Record is published every two weeks. Another reason is the limited circulation of the Record. ACTION REQUIRED The City Council is requested to designate the Anoka County Union as the official newspaper for 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Anoka County Union Proposal Anoka County Record Proposal ABC Newspaper and Anoka County Shopper -AB'&N wsPArERS aNOMCOUNry Shppper Division of ECM Publishers, Inc 4101 Coon Rapids Blvd., Coon Rapids, MN 55433 R O. Box 99, Anoka, MN 55303 November 28, 2012 Michelle Hartner Deputy City Clerk City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Michelle: It is with great pleasure that we ask to serve as the official newspaper for the City of Andover in 2013. As we continue to implement new changes in the newspaper to improve readership, we feel it's important to provide readers with the city's public notices in addition to news stories, features and photographs of local events we cover each week. We would like to publish your public notices in the Anoka County Union. The legal publication rate for the Anoka County Union as of January 1, 2013, will be $10.75 per column inch. The rate for electronically submitted legal publications will be $10.25 per column inch. You may want to note that this rate remains unchanged from prior years. As a newspaper published in the County of Anoka, we meet the requirements to qualify as an official legal newspaper. We have appreciated your business over the past years and hope that we can be of service to you in 2013 as a locally- owned, weekly community news source. If you have any questions, please feel free to call me at (763) 712 -3532 or email me at jill.donahuena,ecm- inc.com. Thank you for your consideration. Sincerely, Jill Donahue Business Manager Anoka County Union Blaine /Spring Lake Park Life Coon Rapids Herald Anoka County Shopper Phone (763) 421 -4444 Commercial Printing FAX (763) 421 -4315 December 19, 2012 To: Mayor, Council & Administrator, City of Andover From: John M. Kysylyczyn, Owner & Publisher, Anoka County Record RE: Publication of legal notices Anoka County Record is a local community legal newspaper of general circulation that was founded on "new media" principles. All legal newspapers of general circulation, like the Anoka County Record, are required to meet certain publication standards set in state law. What delineates "new media" from "traditional media" though is what a publication does to go beyond these standards. Traditional media is driven by print advertising dollars. That requires printing and distributing thousands of paper copies regardless of whether they are actually read or wanted. The amount of paper, chemicals, fuel, and auto emissions generated in production and distribution of the newspaper is a secondary concern. Also, there is little incentive to improve or expand online distribution under this business model. Anoka County Record is a new media newspaper. We recognize that libraries, county, city, and township buildings are within reasonable distance of all residents, and that internet access is available throughout the entire county. We also recognize that local government and residents have limited budgets. We recognize that many local governments have their own newsletters and simply advertise in legal newspapers because it is a requirement of state law. Anoka County Record operates under a different set of principles than traditional media. • Our price for publication of government contract legal notices is $5.94 per inch (9 lines per inch) which is half of what is commonly charged by traditional media. Note that our column width, font, point size, and leading are the same as the Anoka County Union. • The entire newspaper layout process is 100% computerized, allowing emai led legal notices to be submitted with a deadline of noon Wednesday, one day prior to the Thursday publication date. • The newspaper is published every two weeks on a Thursdays, with the first edition in 2013 to be published on January 4, 2013. Page 1 of 2 • The newspaper is an official legal newspaper (MN Stat. 331A.02) and the "known office of issue" is 7956 Main Street NE, Fridley, MN 55432. • The primary newspaper distribution method is online, which allows us to achieve a potential delivery rate or market penetration of almost 90% directly into the home or work place of the residents of your community. • The entire newspaper is available free of charge on the website. • The website version of the newspaper is identical to the print version. • The entire newspaper can be downloaded in a simple to read Adobe PDF document format that is compatible with PC, Mac, Smartphone, iPad, etc. • The newspaper is available in one of three formats. (Original 11x17 format, regular 8.5x11 letter format, legal notices only letter format) • Readers can sign up online, free of charge, to be notified of new issues through Facebook, Twitter, or in January 2013, an online email notification system. • We impose no copyright restrictions on readers who wish to print, copy, or email our newspaper in its entirety to anyone else for personal use. • The secondary newspaper distribution method is by print. • The print edition of the newspaper is available free of charge, and currently is available at the Anoka County Courthouse and the Blaine Service Center. We currently distribute an average of 423 print copies throughout Anoka County. • In 2013, we propose making print copies available free of charge at libraries, county, city, and township buildings with locations selected based partially upon successful bids for the publication of government contract legal notices. • The number of newspapers printed is based upon the requirements set in law and actual demand, which is more environmentally friendly and lowers costs. • Our subscription rate for the print edition of the newspaper ($50 /yr) simply covers our costs for first -class postage and handling. It is offered as a public service rather than to generate extra revenue. Bulk subscriptions are also available. I would be pleased to meet with members and staff to discuss our bid, answer any questions, and discuss the differences between traditional media and new media along with the benefits that would come to your residents. John M. Kysylyczyn, Owner & Publisher, Anoka County Record (763) 220 -0411 editor@anokacountyrecord.com Page 2 of 2 PO Box 21014 • Columbia Heights MN 55421 -0014 • (763) 220 -0411 E -Mail: editor @anokacountyrecord.com Website: www.anokacountyrecord.com Fact sheet for Publication of Legal Notices - 2013 Price per column inch = $5.94 (electronic or print submission) Deadline for submission is Noon Wednesday, one day prior to publication. Frequency of publication is Bi- weekly Free distribution by print or online through website, email, Facebook, Twitter Electronic version compatible with PC, Mac, Smartphone, iPad, etc. Electronic version identical to print version Electronic version available in one of three formats (Tabloid, Letter, Legal notices only) Conforms with MN Stat. 331A.02 - Newspaper of "general circulation" Potential market penetration of 90% into home /workplace through electronic distribution No personal use or distribution copyright restrictions Print edition currently available at Anoka County Courthouse and Blaine Service Center Additional distribution locations to be introduced in 2013 based upon demand Subscription rate for print edition ($50 /yr) simply covers first -class postage and handling Known office of issue is 7956 Main Street NE, Fridley, MN 55432 Legal Advertising Government Contract Rates PUBLIC NOTICE CITY OF ST. FRANCIS ST. FRANCIS, MN ANOKA COUNTY Legal Advertising \ PUBLIC HEARING NOTICE $5.94 /column inch .66 /line Column width: (inches): 1.58 (points): 114 (picas): 9 1/2 Lines: 9 per column inch Font: Lucida Sans Point size: 7 Leading: 8 pt Publication Date: Thursdays bi- weekly (see reverse side) Legal advertising deadline: Wednesday Noon, day before publication date All other submissions: Monday before publication date Anoka County Record PO Box 21014 Columbia Heights MN 55421 -0014 Phone (763) 220 -0411 E -mail: editor @anokacountyrecord.com All editions are online at www.anokacountyrecord.com CITY OF ST. FRANCIS ST. FRANCIS, MN ANOKA COUNTY NOTICE IS HEREBY GIVEN, that on November 5, 2015 the St. Francis City Council will meet at 4115 Ambassador Blvd. NW St. Francis, MN , to pass upon the proposed 2012 Miscellaneous Assessments for abatement of code violations, securing and monitoring fees for vacant property, mowing of weeds and any other unpaid fees. The properties to be assessed are all within the corporate limits of the city of St. Francis, Anoka County, Minnesota. Minnesota Statutes provides no appeal may be taken as to the amount of any assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assess- ment hearing or presented to the presiding officer at the hearing. If you would like to contest your assessment, please put it in writing and address it to the City Clerk, 23340 Cree Street NW, St. Francis MN 55070. The amount to be specially assessed against your particular lot, piece, or parcel of land has been sent to you in writing. Written or oral objections will be considered at the hearing. You may at any time prior to certification of the assessment to the county auditor, pay the entire assess- ment on such property, with interest accrued to the date of payment, to the St. Francis City Clerk. No interest shall be charged if the entire assessment is paid on or before November 5, 2012. If you decide not to prepay the assessment before the date given, the rate of interest that will apply is 10% per year. Barbara I. Held City Clerk 1/2013 2013 PUBLICATION SCHEDULE JANUARY FEBRUARY MARCH ©mommo© M T I W Th I F I S ■■n© 1 M1617 1 3 m© 2 omoommm 4 5 6 7 8 9 mmmm 11 12 13 17 mm 16 mmmmmmm 18 19 20 21 22 23 mmmm 25 26 27M, 31 MM 30 ©mmamom M T I W Th I F I S ■■■■■mm 1 M1617 1 2 1 2 mo©omoo 4 5 6 7 8 9 mmmm 11 12 13 14 ®m 16 mmmmmmm 18 19 20 21 22 23 mmmm 25 26 27M, 28 MM 30 S M T I W Th I F I S mmmmmmm 1 M1617 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 16 15 16 17 18 19 20 21 22 23 M31 25 26 27M, 30 29 30 APRIL MAY JUNE ©mommom M T W Th F S mmmmmmm 1 M1617 1 2 3 4 moom 6 7 8 11 mm 11 mmmmmmm 13 14 15 16 17 18 mmmm 17 21 22 25 m® 25 m ®m■■■■ 28 29 30 31 1 29 S M T W Th F S 1 1 M1617 1 2 3 4 5 6 7 8 • 10 11 12 13 14 15 16 17 18 F 17 21 22 25 24 25 2620 27 28 29 30 31 1 29 S M T W Th F S 1 1 M1617 2 3 5 1 2 3 4 5 J121 7 8 9 10 11 12 : 14 15 16 17 18 19 25 26 22 2 30 24 25 26 1 27 1 28 1 29 JULY AUGUST SEPTEMBER S M T W Th Th F S 1 1 M1617 2 3 5 6 7 8 9 10 11 12 13 14 15 17 18 : 19 20 21 22 23 24 25 26 27 28 29 30 31 31 S M T W Th F S S 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 S M T W Th F S 1 2 1 2 6 7 8 9 M171 9 492 3 14 15 16 15 16 0 21 22 23 24125 23 M 27128 26 29 30 29 30 31 OCTOBER NOVEMBER DECEMBER S M T W Th F S ■■■■■m©. 2 1 2 4 5 6 7 8 9 ;17 11 12 13 14 15 16 18 19 20 21 22 23 21M 25 26 27 28 29 30 31 ©©ommom M T W Th F S ■■■■■m©. 2 3 4 6 7 ©m 9 ©m 11 7 mm 14 mmmmmmm 16 17 18 20 21 mmmm 23 24 25 21M 27 28 mmmmmmm 30 31 S M T W Th F S 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 D° PRINTING AND DISTRIBUTION VERIFICATION VERIFIE OCTOBER 1, 2011 —SEPTEMBER 30, 2012 A U ® 3 T E I R C L A T T E ON W W W. V E R IF I E D A U D IT. C O M Established: 2011 Issues Per Year: 26 Issues This Report: 26 PUBLICATION DESCRIPTION ANOKA COUNTY RECORD PO BOX 21014 COLUMBIA HEIGHTS, MN 56421 (763) 220 -0411 EDITOR ANOKACOUNTYRECORD.COM www.anokacountyrecord.com The Anoka County Record is a bi- weekly free publication of government news from Anoka County, Minnesota. It covers the county board, twenty cities, nine school districts, one township, one conservation district, and surrounding areas. It also covers actions of the Minnesota Legislature that may affect the Anoka County area. Also included in each issue is a listing of all government and quasi - government meetings being held throughout the county. The Anoka County Record is available by paid subscription via first -class U.S. Mail, and complete editions are posted on the website, www.AnokaCountyRecord.com. AVERAGE FREQUENCY: BI- WEEKLY CIRCULATION: OCTOBER 1, 2011 —SEPTEMBER 30, 2012 QUALIFIED CIRCULATION Non -Paid Paid Total Individual Subscription 303 303 Association /Group /Directory Lists - - Rotated - - Bulk Distribution 116 116 Single Copy Sales - - TOTAL QUALIFIED CIRCULATION 419 419 TOTAL NON - QUALIFIED CIRCULATION 4 TOTAL PRINTED 423 70014 -100 THE VERIFIED LOGO IS A REGISTERED TRADEMARK OF VERIFIED Au DIT CIRCULATION CC.PyraM 2012 Verified! Audit Circulation t y` Fiscal 60 Empire Drive. Suite 100 Saint Paul. MN 55103.• Office of the Secretary of State Packing Slip December 11, 2012 ANOKA COUNTY RECORD JOHN M KYSYLYCZYN PO BOX 21014 COLUMBIA HEIGHTS, MN 55421 Client Account Number: 97392707 Batch Number: 6313998 Document Number Document Detail Filing Number 63139980002 LN Legal Newspapers ( ANOKA COUNTY RECORD) Payment Tyne Received Pavment Reference Number Check 6000 Mark Ritchie Secretary of State Page I of I Fee 25.00 Total Fees $25.00 Total Payments Received Any overage amount on account with our agency will be refunded after 60 days if not used. Amount Paid 25.00 $25.00 Visit our online services web page to discover timesaving, electronic methods of doing business! www.online.sos.state.mn.us (651) 296 -2803 -ITY (800) 627 -3529 Illl�f Ill�lllllf�'f IIIIN!6�II1111�II'IilDlh 63139980002 ........... MINNESOTA SECRETARY OF STATE Legal Newspaper Status Application Must be filed between September 1 and December 31, each year *�e68+ Filing Fee: $25.00 Please read the instructions before completing this form. 1. Legal Newspaper Name, Known Office of Issue Address and Phone Number Note: The known office of issue is the principal office maintained by the publisher or managing officer during the newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from, the office, and devoted primarily to business related to the newspaper. 1114., / �, �rl r 5 5 Name of Legal Newspaper: (Required)Anoka County Record Pa 8 a a / 0 Street Address: (Required) 7956 Main Street Col 11.-7 /Te,4.41S,,AIWSS y) City: (Required) Fridley Phone Number: (Required) (763) 220 -0411 State: MN Zip Code: 55432 2. IF CHANGED, List the New Name and /or Address of Known Office of Issue'TA O as OF IoNsSO7 FILED Name of Newspaper: Street Address: City: 3. County of Known Office of Issue: (Required) Anoka State: MN Zip Code: of suir 4. This legal newspaper certifies that it has complied with all of the requirements of Minnesota Statutes, section 331A.02. 5. Name, daytime phone number and e-mail address of contact person: John Kvsvlvczvn Contact Name (763) 220 -0411 editor @anokacountyrecord.com Daytime Phone Number E -mail Address 6. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had s!ign fi this document under oath. rgnature of Authorize epresentative (Required) r /; A)_ LegalNewspap erapplicationRev.08 -08 -11 ANDOVEA 01 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Appoint Acting Mayor DATE: January 2, 2013 INTRODUCTION Each year the Mayor appoints an Acting Mayor. DISCUSSION The Mayor is required to appoint an Acting Mayor in the event he is unable to attend a Council meeting. ACTION REQUIRED The City Council is requested to appoint an Acting Mayor for 2013 based upon the Mayor's recommendation. Respectfully submitted, Michelle Hartner Deputy City Clerk AND A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Appoint Standing Committees DATE: January 2, 2013 INTRODUCTION Each year Standing Committees are appointed based upon the recommendation of the Mayor. DISCUSSION The following were appointed in 2013: Public Works Committee: Councilmember Bukkila (Chair) & Councilmember Howard Newsletter Committee: Councilmember Trude (Chair) & Councilmember Knight ACTION REQUIRED The City Council is requested to appoint members for the Public Works and Newsletter Committees for 2013 based upon the Mayor's recommendations. Respectfully submitted, Michelle Hartner Deputy City Clerk ANDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Dave Carlberg, Community Developme irector FROM: Stephanie L. Hanson, City Planner ?C-�J SUBJECT: Amendments to the City Code Title 8: Public Ways and Property to not allow the planting of trees in the boulevard; Title 11, Subdivision Regulations to amend the definition for Seasonal High Water Mark and to reduce the minimum requirement for drainage, and utility easements along the front and rear lot lines; and Title 12 Zoning Regulations to amend the definition for Farm Animals, to require parking stalls to be marked in white paint, and to require parking and accessways to be maintained in a neat and adequate manner. DATE: January 2, 2013 BACKGROUND City staff has been working together on minor text amendments to the subdivision and zoning codes. The changes are not substantial, however, staff concurs that the proposed amendments are needed to efficiently enforce the codes. The changes to City Code Title 8: Public Ways and Property, City Code Title 11: Subdivision Regulations and Title 12: Zoning Regulations are as follows: CITY CODE TITLE 8: PUBLIC WAYS AND PROPERTY CHAPTER 1: BOULEVARD USE SECTION: 8 -1 -2: IMPROVEMENTS TO BOULEVARD AREAS: The planting of trees is prohibited in the city right -of -way unless approved as a part of the platting process however improvements to boulevard areas, except as noted in Section 8 -1 -4 of this chapter, may be allowed as long as such improvement does not impair, interfere with, or offer a potential threat of damage to city vehicles when snowplowing. The city shall not be responsible or liable for injury to or from such improvements, and the owner or occupant, by placing or using boulevard areas for improvements, agrees in doing so to hold the city harmless for any and all claims of any injury or damage to or from such improvements. Any city owned equipment, such as sewer and water lines, damaged or impaired by such boulevard improvement, shall be remedied at the homeowner's or occupant's cost. (Ord. 106, 9 -6 -1994) Currently, City Code allows for trees to be planted in the right -of -way if they are a minimum of eight (8) feet from the curb. This close proximity to the street is problematic and prohibiting the planting of trees in the right -of -way would eliminate many issues. As trees grow in the right -of -way, visibility lessens and the expanding canopy results in problems with utilities and overall safety. The City responds accordingly through general maintenance including the trimming and/or removal of trees and is burdened with the cost in doing so. By prohibiting the planting of trees in the right -of -way, visibility would not be compromised and the City would reduce maintenance costs. This would also allow the trees to grow and reduce the chances of maintenance /removal thus increasing the stock of mature trees in the city. Platting process approval of planting trees in the right -of -way, allows staff to determine if trees would be detrimental or if they could be beneficial on a case -by -case basis. CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS SECTION: 11 -1 -4: DEFINITIONS: For the purpose of this title, certain words and terms are hereby defined as follows: SEASONAL HIGH WATER MARK: The elep�,ation of mottled soils °- * The highest anticipated ground water table, or elevation shown by a geotechnical study accepted by City Staff. (Amended 9/18/07, Ord. 355) 11 -1 -5: EASEMENTS TO BE DEDICATED: A. Dedication Of Easements: Final plats shall identify and dedicate all easements for utilities, drainage, street rights -of -way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. and 10 feet &ain ge and utility easements a4eng the ffon4 and rear !at line-s. Lots without municipal services shall have 10- foot drainage and utility easements along all property lines. Easements for trails and maintenance access will be dedicated on a separate document. (Amended 9/18/07, Ord. 355) CHAPTER 3: DESIGN STANDARDS SECTION: 11 -3 -4: EASEMENTS: A. Utility Easements: Easements at least ten twent-y feet (2.0) 10' wide or as determined by the City Engineer, centered on rear and side lot lines, shall be provided for utilities where required by the platting authority. Utility easements shall have continuity of alignment from block to block and lot to lot. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. lot lines and ° ri.:nimi,w, 1 feet drainage an ,..:i;ty easemepAs the fFent an lot lines. Lots without municipal services shall have a minimum 10 -foot drainage and utility easements along all property lines. (Amended 9/18/07, Ord. 355) Staff proposes to delete the wording for mottled soil because there is no other place in the code where mottled soil is used. The Engineering Department has determined that a minimum 5 -foot drainage and utility easement along the front and rear lot lines is adequate. CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION: 12 -2 -2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: ANIMALS, FARM: Animals commonly kept for productive pu-F. s on a farm, such as cattle, begs swine (including pot- bellied pis , sheep, goats, and other similar animals, excluding poultry. (Amd. 4/18/06, Ord. 325A) CHAPTER 13: PERFORMANCE STANDARDS SECTION: 12 -13 -8: OFF STREET PARKING REQUIREMENTS: E. Design Standards: 6. Surfacing: a. Specifications: All driveways, off street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. b. Maintenance of Parking Facilities: It shall be the responsibility of owner of the principle use or building to maintain, in a neat and adequate manner, the parking space and accessways with materials in accordance with the standard specifications as adopted by an d on file with the office of the Citeses Engineer. c b. Exemptions: (1) Farm dwellings and farm operations are exempt from this paving requirement. (2) City parks shall be exempt from the paving requirement if approved by the City Council. (3) Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement, with an acceptable surface approved by the City Engineer. d E Plans: Plans for surfacing and drainage of driveways for nonresidential uses shall be submitted to the City Engineer for review, and the final plan shall be subject to written approval. 7. Striping: Except for single- family, two - family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white or- yellew painted lines not less than four inches (4 ") wide. (Amended Ord. 8, 10 -21 -1970) There have been recent issues in which parking facilities are not being maintained (potholes and gravel patches riddle the parking and drive areas). Current code does not require on -going maintenance of these areas. Because of the public safety and aesthetic reasoning's, staff is proposing language that will require the upkeep /maintenance of these areas. The Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) is a federal and state approved manual for signs and pavement markings. The manual requires the striping for parking spaces to be marked in white; therefore, staff is proposing this change to be in compliance with the MMUTCD. ACTION Planning and Zoning Commission recommends approval to the City Council of the attached ordinance amendments to City Code Title 8: Public Ways and Property, City Code Title 11: Subdivision Regulations and Title 12: Zoning Regulations. M ctfully ubmitt d, Stephanie L. Hanson Attachments: 1. Ordinance XX, Amending City Code Title 8: Public Ways and Property, City Code Title 11: Subdivision Regulations and City Code Title 12: Zoning Regulations 2. Ordinance XX, Amendment Summary for Publication 3. Draft December 11, 2012 Meeting Minutes: Planning Commission Work Session and Planning Commission Regular Meeting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 8: PUBLIC WAYS AND PROPERTY CHAPTER 1: BOULEVARD USE SECTION: 8 -1 -2: IMPROVEMENTS TO BOULEVARD AREAS: The planting of trees is prohibited in the city right -of -way unless approved as a part of the platting process, however improvements to boulevard areas, except as noted in Section 8 -1 -4 of this chapter, may be allowed as long as such improvement does not impair, interfere with, or offer a potential threat of damage to city vehicles when snowplowing. The city shall not be responsible or liable for injury to or from such improvements, and the owner or occupant, by placing or using boulevard areas for improvements, agrees in doing so to hold the city harmless for any and all claims of any injury or damage to or from such improvements. Any city owned equipment, such as sewer and water lines, damaged or impaired by such boulevard improvement, shall be remedied at the homeowner's or occupant's cost. (Ord. 106, 9 -6 -1994) CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS SECTION: 11 -1 -4: DEFINITIONS: For the purpose of this title, certain words and terms are hereby defined as follows: SEASONAL HIGH WATER MARK: The elevation of mottled soils er-4 The highest anticipated ground water table, or elevation shown by a geotechnical study accepted by City Staff. (Amended 9/18/07, Ord. 355) 11 -1 -5: EASEMENTS TO BE DEDICATED: A. Dedication Of Easements: Final plats shall identify and dedicate all easements for utilities, drainage, street rights -of -way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. and 10 feet drainage and ••trite e9Oemei4s along the 4°rt and rear- lot l"'°- Lots without municipal services shall have 10- foot drainage and utility easements along all property lines. Easements for trails and vehicle maintenance access will be dedicated on a separate document. (Amended 9/18/07, Ord. 355) CHAPTER 3: DESIGN STANDARDS SECTION: 11 -3 -4: EASEMENTS: A. Utility Easements: Easements at least ten Meet (N') 10' wide or as determined by the City Engineer, centered on rear and side lot lines, shall be provided for utilities where required by the platting authority. Utility easements shall have continuity of alignment from block to block and lot to lot. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, 4 °Mt, and rear- ! °t lines. lot lines and . miniflium 10 feet drainage and utility easements along two front and rear- lot lifies. Lots without municipal services shall have a minimum 10 -foot drainage and utility easements along all property lines. (Amended 9/18/07, Ord. 355) CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION: 12 -2 -2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: ANIMALS, FARM: Animals commonly kept for- prad c4ive purpeses on a farm, such as cattle, hop swine (includinepot- bellied pigs), sheep, goats, and other similar animals, excluding poultry. (Amd. 4/18/06, Ord. 325A) CHAPTER 13: PERFORMANCE STANDARDS SECTION: 12 -13 -8: OFF STREET PARKING REQUIREMENTS: E. Design Standards: 6. Surfacing: c. Specifications: All driveways, off street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. d ,Maintenance of Parking Facilities: It shall be the responsibility of the owner of the principle use or building to maintain, in a neat and adequate manner, the parking space and accessways with materials in accordance with the standard specifications as adopted b try and on file with the office of the City Engineer. c b. Exemptions: (1) Farm dwellings and farm operations are exempt from this paving requirement. (2) City parks shall be exempt from the paving requirement if approved by the City Council. (3) Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement, with an acceptable surface approved by the City Engineer. d e. Plans: Plans for surfacing and drainage of driveways for nonresidential uses shall be submitted to the City Engineer for review, and the final plan shall be subject to written approval. 7. Striping: Except for single - family, two - family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white er— yellesv painted lines not less than four inches (4 ") wide. (Amended Ord. 8, 10 -21 -1970) All other Titles, Sections and Chapters of the City Code shall be as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this 2nd day of January 2013. ATTEST: Michelle Hartner, Deputy City Clerk :N�IG`�i : ► � �]�f�17 Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 8 -1 BOULEVARD USE, CITY CODE 11- 1 GENERAL SUBDIVISION REGULATIONS, CITY CODE 11 -3 DESIGN STANDARDS, CITY CODE 12 -2 RULES AND DEFINITIONS, AND CITY CODE 12 -13 PERFORMANCE STANDARDS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare and to not allow the planting of trees in the boulevard; amend the definition for Seasonal High Water Mark; to reduce the minimum requirement for drainage and utility easements along the front and rear lot lines from 10 feet to 5 feet in the urban areas; to amend the definition for Farm Animals; to require parking stalls to be marked in white paint; and to require parking and access ways to be maintained in a neat and adequate manner. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of January, 2013. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor DRAFT PLANNING AND ZONING COMMISSION WORKSHOP MEETING DECEMBER 11, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 11, 2012, 6:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Kyle Nemeth, Steve Peterson and Michael Steel. Commissioners absent: Valerie Holthus. Also present: Community Development Director Carlberg City Planner Stephanie Hanson Assistant City Planner Andrew Liska Others DISCUSS PROPOSED CITY CODE TEXT AMENDMENTS City Planner Hanson stated the Planning Commission is requested to review and consider amendments to the City Code Title 11: Subdivision Regulations, City Code Title 12: Zoning Regulations, and City Code Title 8: Public Ways and Property prior to the public hearing at the regularly scheduled Planning Commission meeting. She stated the amendment to City Code Title 11, Subdivision Regulations to amend the definition for Seasonal High Water Mark and to reduce the minimum requirement to 5 -feet for drainage and utility easements along the front and rear lot lines for urban lots. The proposed amendments to Title 12 Zoning Regulations are to amend the definition for Farm Animals, to require parking stalls to be marked in white paint, and to require parking and accessways to be maintained in a neat and adequate manner. Commissioner Cleveland asked if the language "elevation shown by a geotechnical study accepted by City Staff' was the same or similar to language used by other cities or if the City would need to define geotechnical study. Community Development Director Carlberg stated a geotechnical study is a standard report and is accepted by other cities. Andover Planning and Zoning Commission Workshop Meeting DRAFT Minutes — December 11, 2012 Page 2 Commissioner Nemeth clarified the 10 -foot drainage and utility easement would remain the same for rural lots to accommodate for septic and well systems. Community Development Director Carlberg stated the easement for rural lots would remain the same and the change for urban lots would be for new plats that come to the City. Chair Daninger asked if current properties would need to request a variance if they were encroaching into the 10 -foot easement area. Community Development Director Carlberg clarified that variances would need to be requested for setbacks but not for the easements. Chair Daninger asked if the definition change for Farm Animals was acceptable to everyone. The definition was changed from hogs to swine and this includes potbelly pigs. Community Development Director Carlberg stated other cities have also defined swine to include all pigs. Chair Daninger asked if other exotic pets were also included in this section or if they were covered under other regulations. He asked if a variance could be requested to allow for potbelly pigs. Community Development Director Carlberg stated the City had other regulations that addressed exotic pets, horses, equine, domestic animals and alpacas. If the City wanted to allow potbelly pigs then an amendment to the code would need to be made. Commissioner Steel asked if the phrase "for productive purposes" should be removed. If a person has a swine for a pet then it could be argued that it is not for productive purposes and they could be kept. City Planner Hanson stated that there are set parcel sizes for certain animals to be allowed. Community Development Director Carlberg stated eliminating "for productive purposes" would eliminate the possibility for swine and other livestock animals as a pet. It was the consensus of the Planning Commission to remove the phrase "for productive purposes" from City Code 12 -2 -2: Definitions; Animals, Farm. City Planner Hanson clarified the change to City Code 12 -13 -8, Design Standards, Surfacing, included the addition of maintenance of parking facilities. This addition will allow the City to enforce the maintenance of these areas. Andover Planning and Zoning Commission Workshop Meeting Minutes — December 11, 2012 DRAFT Page 3 Commissioner Nemeth asked if there was a document of file with the standard specifications. City Planner Hanson stated the standard specifications were on file with the office of the City Engineer. Commissioner Steel asked if business owners were made aware City officials would be looking at the quality of their parking and accessway surfaces. Community Development Director Carlberg stated these inspections were based on complaints. The City does not currently have a proactive maintenance program. City Planner Hanson stated the amendment to City Code 12 -13 -8, Item 7 was to eliminate the option for striping in yellow. The City follows the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) and this allows for striping in white only. Community Development Director Carlberg stated the City does follow a process of sending out a notice to business owners to check the striping in their parking lots every couple of years. Commissioner Peterson asked if handicap parking stall striping was covered in a different section of the code. The MMUTCD does state the white striping can be supplemented with blue for handicapped parking stalls. City Planner Hanson stated this section addresses non - handicapped parking stalls but the striping of handicapped parking is covered in another code. Staff will verify that this is covered in other sections of the City Code to be compliant with the MMUTCD. Commissioner Steel asked if the City needed to define the length of parking stalls as well. City Planner Hanson stated the City Code specifies parking stalls to be 10 -feet wide and 18 -feet in length. Assistant City Planner Liska stated the change to Title 8; Public Ways and Property, is to prohibit the planting of trees in the boulevard except when approved as part of a plat. Commissioner Peterson asked if bushes and other small plantings would be allowed in the boulevard. Assistant City Planner Liska stated bushes and small plantings would be allowed in the boulevard area. He also clarified that the change would not affect those trees that currently existed in the right -of -way. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — December 11, 2012 Page 2 PUBLIC HEARING —AMEND CITY CODE TITLE 11, SUBDIVISION REGULATIONS TO AMEND THE DEFINITION FOR SEASONAL HIGH WATER MARK AND TO REDUCE THE MINIMUM REQUIREMENT FOR DRAINAGE AND UTILITY EASEMENTS ALONG THE FRONT AND REAR LOT LINES; AND TITLE 12 ZONING REGULATIONS TO AMEND THE DEFINITION FOR FARM ANIMALS, TO REQUIRE PARKING STALLS TO BE MARKED IN WHITE PAINT, AND TO REQUIRE COMMERCIAL PROPERTIES AND DRIVE AREAS TO BE MAINTAINED City Planner Hanson stated City Staff has been working together on minor text amendments to the subdivision and zoning codes. The changes are not substantial, however, staff concurs that the proposed amendments are needed to efficiently enforce the codes. The amendments are to amend the definition for seasonal high water mark, to reduce the minimum requirement for drainage and utility easements along the front and rear lot lines, Title 12 zoning regulations to amend the definition for farm animals, to require parking stalls to be marked in white paint, and the require commercial properties and drive areas to be maintained. Based on the Planning and Zoning workshop discussions the phrase "for productive purposes" will be removed from the definition for farm animals. Chair Daninger stated the Planning Commission had discussed these changes at a workshop and there was no one in the audience at this time. Motion by Commissioner Cleveland, Seconded by Commissioner Peterson to open the Public Hearing at 7:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. No one wished to address the Panning Commission. Motion by Commissioner Cleveland, Seconded by Commissioner Gudmundson, to close the public hearing at 7:06 p.m. The motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Motion by Commissioner Cleveland, Seconded by Commissioner Gudmundson, to approve Ordinances with Amendments to the City Code Title 11, Subdivision Regulations to Amend the Definition for Seasonal High Water Mark and to Reduce the Minimum Requirement for Drainage and Utility Easements Along the Front and Rear Lot Lines; and Title 12 Zoning Regulations to Amend the Definition for Farm Animals, to Require Parking Stalls to be Marked in White Paint, and to Require Parking and Accessways to be Maintained in a Neat and Adequate Manner. The motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. City Planner Hanson stated this would be brought to the City Council for approval at the January 2, 2013 regular meeting. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule February EDA meeting DATE: January 2, 2013 INTRODUCTION 0 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the February 5, 2013 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Parkside at Andover Station Update 3. Andover Station North Owners Association Update 4. Purchase Agreement/Letter of Intent/Progress Review 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the February 5, 2013 City Council meeting. tted, s y. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule January Council Workshop DATE: January 2, 2013 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of January for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general January workshop have been identified as follows: 1. Discuss Reconsidering Variance Request — 15873 Linnet Street 2. Discuss Survey Requirements for Building Permits 3. Update on Tulip Street/161" Ave Park Master Planning 4. 2012 General Fund Budget Progress Report 5. December 2012 City Investments Review 6. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a Council workshop, suggested dates are January 22nd or January 291h at 6:00 pm or another date and time acceptable to the Council. submitted, Ji WN66W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule Commission Interview Dates DATE: January 2, 2013 INTRODUCTION The Council is requested to schedule Commission interview dates. DISCUSSION Commission vacancies were identified in the January/February 2013 Andover Today Newsletter (attached). An application deadline of January 18, 2013 was set. Prospective candidates are interested in when the interview dates will be, so staff is requesting the City Council set a few dates aside to interview the candidates. ACTION REQUESTED The Council is requested to schedule Commission interview dates. submitted, COMMISSION VACANCIES Individuals seeking to fill the vacancies must have interest in public planning and development issues. The Planning Commission policies, willingness to learn, problem solving and communication members are compensated and meetings are held on the second skills and be able to contribute to positive decision making. The and fourth Tuesday of each month in the evening. For more Commission members are compensated. information, please contact Stephanie Hanson, City Planner at (763) 767 -5147. Park & Recreation Commission The City is seeking three individuals to serve 3 -year terms on the Park & Recreation Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning park and recreation programs, park dedication requirements for new developments and proposed new park construction projects. Meetings are held on the first and third Thursday of each month in the evening. For more information, please contact Todd Haas, Assistant Public Works Director at (763) 767 -5131. Planning & Zoning Commission The City is also seeking individuals to serve 3 -year terms on the Planning Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning City Open Space Commission The City is also seeking individuals to serve 3 -year terms on the Open Space Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning preservation of open space issues. Commission members are compensated and meetings are held on the second Wednesday of each month in the evening. For more information, please contact Stephanie Hanson, City Planner at (763) 767 -5147. Advisory Commission applications may be obtained at City Hall or on the City website at www.andovermn.gov Deadline is 4:30 p.m., Friday, January 18, 2013. Applicants will be interviewed by the City Council in late January or February. NOTICE FOR CITY OF ANDOVER NATIONAL; POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PUBLIC MEETING Overall Summary The City of Andover is required to comply with the latest state storm water quality regulations. The City is authorized to discharge storm water into water bodies as long as it meets the permit requirements as administered by the Minnesota Pollution Control Agency (MPCA). The City accomplishes this by operating a series of Best Management Practices (BMP's). These are found in the City's Storm Water Pollution Prevention Program ( SWPPP). A public informational meeting will be held during the City Council meeting, 7:00 p.m. Tuesday, February 51" at Andover City Hall. This will be preceded by a brief presentation, outlining ways residents can help to improve the quality of our lakes, rivers, streams, wetlands and ponds. DO YOU WANT TO KNOW ABOUT' CRIMES &ARRESTS IN ANDOVER? Each week the Anoka County Sheriff's Office puts out a "Friday Update" that lists the crimes u that may affect you. To get on the email list, ` please contact Laura Landes at laura.landesp, co.anoka.mn.us and request to be added. By raising your awareness of what is happening in your City, you can reduce your likelihood of being a victim. Meeting Components: • The public will have an opportunity to make oral and /or written comments on the adequacy of the City's program. • To request a copy of the City's SWPPP contact City Hall or visit the City's website at www.andovermn.gov and follow the links: City Departments, Natural Resources, NPDES Phase II Program /Water Quality • The City will consider comments received and include them in its Annual Report to the MPCA. QCTV LIVE, BROADCASTS &. REPLAYS Quad Cities Community Television (QCTV) broadcasts regular • City Council • Planning & Zoning Commission • Park & Recreation Commission Meetings on Channel 16 with periodic replays. Visit www.gctv.org for complete schedule and for video streaming. U I Y O F OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Pub ' City Engineer FROM: Todd J. Haas, Lower Rum River WMO \ ) SUBJECT: Consider Joint Meeting with Lower Rum River WMO Member Cities - Engineering DATE: January 2, 2013 INTRODUCTION The City Council is requested to consider possible dates for a joint meeting with the Lower Rum River WMO board and member cities (Anoka, Andover, Coon Rapids and Ramsey), DISCUSSION The Lower Rum River Watershed Management Organization (LRRWMO) board would like to schedule a joint meeting with all the member cities to give an update on the following items: • Barr Engineering (LRRWMO engineering consultant) will give a brief update on the roles and responsibilities of the board, the Water Resource Plan and the planned activities that are scheduled over the next few years. • The Anoka Conservation District will give an update on the various programs that they perform and discuss concerns of identified impaired waters (Rogers Lake in Ramsey for excess nutrients /eutrophication, Rum River for mercury and Mississippi River for PCB's in fish tissue) and what action can be or is being done to have these waters cleaned up so eventually they can be removed from the Minnesota Pollution Control Agency list of impaired waters. Also they will give a short discussion of the Wetland Conservation Act and what the general rules /regulations are. • The City of Anoka will be discussing the Rum River Dam. They will give an update of the history of the dam, the current condition of the dam and talk about the future of the dam and the future issues or concerns that need to be addressed by the board by the end of the year in 2014 as part of the Water Resource Management Plan. • At the end of the meeting, there will be a short video of the Rum River that was produce by QCTV that was done a couple summers ago that will remind everyone of the fantastic resource of the Rum River that is available to the public to enjoy year round. Mayor and Council Members January 2, 2013 Page 2 of 2 The possible days to consider a joint meeting could be as follows: • Monday, March 25, 2013 at 6 pm • Thursday, March 28, 2013 at 6 pm • Monday, April 8, 2013 at 6 pm • Thursday, April 11, 2013 at 6 pm • Monday, April 22, 2013 at 6 pm • Thursday, April 25, 2013 at 6 pm Note:. The City of Anoka Council meets on 1" and 3`d Monday of each month, City of Ramsey Council meets on the 2nd and 4th Tuesday of each month, Coon Rapids and Andover Council meets on the 1st and 3`d Tuesday of each month. The last time the LRRWMO met with it member cities was in the spring of 2008. We are looking at having the meeting again at Green Haven in Anoka. ACTION REQUIRED The City Council is requested to consider possible dates for a joint meeting with the Lower Rum River WMO board and member cities (Anoka, Andover, Coon Rapids and Ramsey). Respectfully submitted, Todd I Haas 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report January 2, 2013 The City Administrator and Department Heads present will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects 3. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. ANDOVEA T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for January 2, 2013 City Council Meeting DATE: January 2, 2013 The City Council is requested to receive the following supplemental information. Staff Items Add -On Item. Schedule 2013 Local Board of Appeal & Equalization (Supplemental) - Administration - Wit lips `3 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Schedule 2013 Local Board of Appeal & Equalization DATE: January 2, 2013 INTRODUCTION The Council is requested to select potential dates for holding the 2013 Local Board of Appeal & Equalization. DISCUSSION It is again time to schedule the Local Board of Appeal and Equalization dates. The Anoka County Assessor has indicated they will make every attempt to accommodate City Council/Board of Review dates of choice, but please keep in mind they are scheduling 21 meetings and will need to avoid conflicts for those assessors that will need to attend multiple meetings. The dates for the meeting must fall between April 15, 2013 and May 10, 2013. April 23rd and April 25a' are not available within that date range. The Council is requested to select at a minimum two potential dates of choice to submit to the County Assessor. ACTION REQUIRED The City Council is requested to select potential dates for holding the 2013 Local Board of Appeal & Equalization. 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